Trojan Communications Limited Terms and Conditions

1. Interpretation
1.1 In these Terms:
“BT” means British Telecommunications plc (registered in England &
Wales under number 1800000)
“Company” means Trojan Communications Ltd (registered in England &
Wales under number 3682780)
“Company’s Equipment” means such equipment owned or used by the
Company as is necessary to provide the Fixed Line Service and Mobile
service.
“Company’s Network” means the telecommunications system operated
and maintained by the Company;
“Contract” means the contract for the Services to which these Terms are
attached;
“Customer” means the person, firm or company set out in the Contract;
“DTI” means the Department of Trade and Industry;
“Equipment” means the equipment set out in the Contract;
“Equipment Price” means the price for the Equipment set out in the
Contract;
“Fixed Line Service” means the supply by the Company of such of the
Company’s Equipment and related services to enable the Customer to
make or receive a telephone call using one or more of an access code,
calling line identity, dedicated leased line and a third party’s exchange
lines to route selected telephone calls over and via the Company’s
Network;
“Free-phone Service” means the supply by the Company of such
services to enable the Customer to receive a telephone call from a third
party at no expense to the third party;
“Services” means the Fixed Line Service, the Free-phone Service, and
the Mobile Service;
“Service Tariff” means the tariff detailing the individual telephone call
charges (exclusive of VAT) and monthly line rental (if any) payable by the
Customer to the Company set out in the Contract or as notified by the
Company to the Customer from time to time;
“Terms” means the terms and conditions for the Services set out in this
document and (unless the context otherwise requires) includes any
special terms agreed in writing between the Company and the Customer.
1.2 Any reference in these Terms to a statute or a provision of a statute
shall be construed as a reference to that statute or provision as
amended, re-enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not
affect their interpretation.
1.4 These Terms govern the supply of Services by the Company to the
Customer to the exclusion of all other terms (unless expressly agreed by
the Company in writing). Provisions relating solely to the Fixed Line
Service, Free-phone Service or Mobile Service (as the case may be) are
to govern those services only but are to be read in conjunction with those
provisions relating to the Services generally.

2. Commencement and Duration
2.1 Subject to the prior termination of the Contract in accordance with
these Terms and unless otherwise agreed by the Company in writing the
Company shall supply the Services for a minimum of the period specified
on the contract form or
2.2 Use of the service where no written contract exists will constitute
acceptance of all the terms and conditions and shall be subject to a two
year contracted period unless otherwise specified in writing by the Company.

3. Supply of Services
3.1 The Company warrants to the Customer that the Services will be
performed with reasonable skill and care (and in compliance with
applicable OFCOM requirements).
3.2 Subject always to clauses 6.4 and 10.1, the Company shall use its
reasonable endeavours to provide the Service to the Customer from or
before the date notified to the Customer for the commencement and
correct any faults in the Services notified to it by the Customer as soon
as reasonably possible.
3.3 The Customer warrants that (if applicable) the Customer’s existing
telecommunications equipment (if any) is in proper working order and
complies with all applicable standards and approvals so as to enable the
Company to supply and continue to supply the Services.
3.4 The Customer shall provide all reasonable assistance to the
Company (including access to all locations at which the Company’s
Equipment is situated or is to be situated) so as to enable the Company
to supply and continue to supply the Services.
3.5 The Customer shall not sell or transfer or attempt to sell or transfer
any telephone number provided to the Customer by the Company for use
with the Services.
3.6 The Customer shall not use the Services for any improper or unlawful
purposes (including without limitation offensive, indecent, menacing,
nuisance or hoax telephone calls) nor allow others to do so.
3.7 The Company will not be liable for any cancellation fees or other
contractual charges raised by any previous supplier to the Customer.
3.8 The Company cannot guarantee the accuracy of any information
given by its representatives to the customer either verbally or in writing or
invoice.
3.9 All proposals and quotes are subject to additional charges made
necessary upon final inspection and installation should additional
equipment or time be required to complete the installation.

4. Fixed Line Services
4.1 The Company shall place such of the Company’s Equipment in the
Customer’s premises (or in such other location as may be nominated by
the Customer) as may be necessary in order to provide the Fixed Line
Services.
4.2 In the event that the Customer’s existing telecommunications
equipment has least cost routing software, the Company may reprogram
such existing telecommunications equipment in order to facilitate
connection to the Company’s Network.
4.3 In the event that the Customer’s existing telecommunications
equipment does not have least cost routing software, the Company may
supply such equipment as is necessary in order to facilitate connection to
the Company’s Network.
4.4 The Customer shall provide a suitable place and conditions for the
Company’s Equipment (including a continuous mains electricity supply
and connection points at the Customers own expense where the
Company’s Equipment requires such services) at the Customer’s
premises or in such other location as may be nominated by the Customer
so as to enable the Company to supply and continue to supply the Fixed
Line Service (without cost to the Company) and shall prepare such
premises or location at its own expense in accordance with the
Company’s reasonable instructions.
4.5 The costs of calls to 0844, 0845, 0870, 0871 and similar numbers are
considerably higher than to 01, 02 and 03 numbers.

5. Free-phone Service
5.1 The Customer acknowledges that ownership in the free-phone
number(s) allocated to it by the Company shall not pass to the Customer
and the Customer shall have no right to use such free-phone numbers
upon termination of the Free-phone Service.
5.2 The Company reserves the right upon giving to the Customer not
less than one month’s written notice to alter (without incurring any
liability) the free-phone number(s) allocated to the Customer by the
Company.
5.3 The Customer shall promptly inform the Company of any event which
is likely to substantially affect the number of calls to the free-phone
number(s) allocated to it by the Company so as to enable the Company
to devote appropriate telecommunications capacity to such free-phone
number(s).

6. Equipment
6.1 The Company shall sell and the Customer shall purchase the
Equipment in accordance with the Contract.
6.2 The Company may agree to assist the Customer with an application
to a third party to obtain finance for the Equipment Price. However, the
Company shall not be liable for any failure by the Customer to obtain
such finance. In the event that finance is obtained as a result of which
the Equipment Price is to be paid by, and title in the Equipment is to pass
to third party financer, the Customer shall not be responsible for payment
of the Equipment Price pursuant to clause 7.1 but shall nevertheless
comply in all other respects with the Terms.
6.3 The Customer shall at its own expense arrange the installation of or
connection to any equipment required to be installed by BT or any other
network operator in order to facilitate the operation of the Equipment.
6.4 The Customer acknowledges that the Company does not
manufacture the Equipment. Consequently, the Customer shall only be
entitled to the benefit of any warranty or guarantee in relation to the
Equipment as is given to the Company by the manufacturer of such
Equipment.
6.5 All descriptive information given by the Company relating to the
Equipment (including but without limit specifications, technical data,
performance criteria, storage information) is given in good faith but for
guidance only and shall not be regarded as a representation as to the
method of use or function of the Equipment.
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6.6 It shall be the Customer’s responsibility to ensure that the Equipment
is suitable for its intended purpose. Any knowledge that the Company
has of the Customer’s intended purpose shall not, unless otherwise
agreed in writing, imply any warranty that the Equipment is suitable for
that purpose.
6.7 Trojan does not hold stock of any equipment. Any equipment
supplied to the customer is obtained especially for that customer. Should
Trojan be required to take back any item for any reason other the item
being faulty, within a 3 month period, a restocking fee of 20% of the
original purchase price will be levied.
6.8 Any claim by the Customer which is based on any defect in the
quality or condition of the Equipment or their failure to correspond with
any agreed specification shall (whether or not delivery is refused by the
Customer) be notified to the Company within 7 days from the date of
delivery or of the date the Company tendered delivery or (where the
defect or failure was not apparent on reasonable inspection) within a
reasonable time after discovery of the defect or failure. If delivery is not
refused, and the Customer does not notify the Company accordingly, the
Customer shall not be entitled to reject the Equipment and save as
expressly provided in these Terms the Company shall have no liability for
such defect or failure, and the Customer shall be bound to pay the
Equipment Price.

7. Payment
7.1 Unless otherwise agreed by the Company in writing, the Customer
shall pay the Equipment Price upon delivery and/ or installation (as the
case may be) of the Equipment.
7.2 Unless otherwise agreed by the Company in writing, the Customer
shall pay the Service Tariff (in respect of all services provided by the
Company) by either direct debit, BACs or by cheque within 14 days of
the date of the Company’s monthly invoice (which shall be deemed to be
accepted by the Customer unless the Customer indicates that the invoice
is disputed (and provides evidence to support this) within 14 days of the
date of the Company’s invoice.
7.3 Should any invoice remain unpaid after 14 days, the Company has
the right to charge a late payment fee of £4.50 per outstanding invoice.
7.4 Unless otherwise agreed by the Company in writing, the Customer
shall pay the Company’s standard call out/repair charges (as notified to
the Customer from time to time) if the Customer reports a fault in the
Services and the Company discovers that there is not a fault or that the
Customer has caused the fault.
7.5 If the Customer fails to make any payment on the due date then,
without limiting any other right or remedy available to the Company, the
Company may charge the Customer interest on the outstanding sum at
the rate of 8% above the Bank of England base rate from time to time on
the amount outstanding, until payment in full is made together with the
Company’s costs of recovering any amount unpaid (including legal costs,
court fees and bank charges). Please note all accounts beyond our credit
terms may be passed to our collection agency, Cash Protection Agency.
Should this action take place a surcharge of 15% plus vat will be added
to cover our costs of recovery in addition to the aforementioned fees and
charges.

8. Risk and Ownership
8.1 Unless otherwise agreed by the Company in writing, risk of damage
to or loss of the Equipment shall pass to the Customer on delivery and/or
installation (as the case may be) in accordance with the Contract.
8.2 Unless otherwise agreed by the Company in writing and subject to
clause 6.2, ownership of the Equipment shall only pass to the Customer
once the Company has received payment in full of the Equipment Price.
8.3 Until such time as ownership of the Equipment passes to the
Customer, the Customer shall hold the Equipment as the Company’s
fiduciary agent and bailee, and shall keep it separate from that of the
Customer and third parties and properly stored, protected and insured
and identified as the Company’s property.
8.4 Until such time as the property in the Equipment passes to the
Customer (and provided the Equipment is still in existence and has not
been resold), the Company shall be entitled at any time to require the
Customer to deliver up the Equipment to the Company and, if the
Customer fails to do so forthwith, to enter upon any premises of the
Customer or any third party where the Equipment is stored and
repossess the Equipment.
8.5 The Customer shall not be entitled to pledge or in any way charge by
way of security for any indebtedness any of the Equipment which remain
the Company’s property, but if the Customer does so all moneys owing
by the Customer to the Company shall (without limiting any other right or
remedy of the Company) forthwith become due and payable.
8.6 Unless otherwise agreed by the Company in writing, the property in
the Company’s Equipment shall remain with the Company
notwithstanding the delivery and/or installation (as the case may be) of
the Company’s Equipment at the Customer’s premises or in such other
location nominated by the Customer. The Customer agrees to indemnify
the Company for all costs, claims or expenses incurred by the Company
as a result of damage to or loss of the Company’s Equipment whilst such
equipment is situate at the Customer’s premises or in such other location
nominated by the Customer.

9. Indemnity and Limitation of Liability
9.1 The Customer shall indemnify the Company in full against all liability,
loss, damages, costs and expenses (including legal expenses) awarded
against or incurred or paid by the Company as a result of or in
connection with the Customer’s breach of contract.
9.2 Except in respect of death or personal injury caused by the
Company’s negligence, or liability for defective products under the
Consumer Protection Act 1987, the Company shall not be liable to the
Customer by reason of any representation (unless fraudulent), or any
implied warranty, condition or other term, or any duty at common law, or
under the express terms of the Contract, for loss of profit or for any
indirect, special or consequential loss or damage, costs, expenses or
other claims for compensation whatsoever (whether caused by the
negligence of the Company, its employees or agents or otherwise) which
arise out of or in connection with the supply of the Services or the
Equipment (as the case may be) (including any delay in supplying or any
failure to supply the Services or the Equipment (as the case may be) in
accordance with the Contract or at all), and the entire liability of the
Company under or in connection with the Contract shall not exceed a
sum equal to the amount payable by the Customer to the Company in
the 12 months prior act or omission which gave rise to the liability, and all
conditions, warranties, representations, statements, liabilities and other
terms implied by common law, statute or otherwise are excluded to the
fullest extent permitted by law.
9.3 The Company shall not be liable to the Customer or be deemed to be
in breach of the Contract by reason of any delay in performing, or any
failure to perform, any of its obligations in relation to the Services, if the
delay or failure is beyond the Company’s reasonable control. Without
limiting the foregoing, the following shall be regarded as causes beyond
the Company’s reasonable control;
(i) default or failure of a third party (including any public
telecommunications network operator or maintainer);
(ii) failure in the supply of any third parties’ telecommunications system;
(iii) Act of God, explosion, flood, tempest, fire or accident;
(iv) war or threat of war, sabotage, insurrection, civil disturbance or
requisition; and
(v) acts, restrictions, regulations, bye-laws, prohibitions or measures of
any kind on the part of any governmental, parliamentary or local
authority.

10. Suspension and Termination
10.1 The Company may suspend the Fixed Line Service, Free-phone
Service or Mobile Service immediately if;
(i) the Company has reasonable grounds for believing that the
Equipment is used or may be used in an unauthorised or illegal manner;
or
(ii) the Customer is in breach of any of the terms of the Contract; or
(iii) the Customer notifies the Company that the Equipment is lost or
stolen; or
(iv) the network to which the Customer is connected fails or is being
tested, modified or maintained; or
(v) the Customer fails to pay to the Company any charges when they
become due; or
(vi) the Customer incurs unbilled telephone call charges in excess of
those anticipated by the Company (and notified to the Customer from
time to time) or as otherwise agreed with the Customer.
10.2 In the event that the Company suspends the Services pursuant to
clause 10.1:
10.2.1 the Company will not provide the applicable Services again until
the Customer takes such action as may in the Company’s reasonable
opinion be required; and
10.2.2 the Customer shall continue to be responsible for the Company’s
charges in accordance with clause 7 unless the Company ends the
Contract by giving notice in accordance with clause 10.3 or the Customer
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ends the Contract by giving notice in accordance with clause 10.4; 10.2.3
the Customer shall be responsible for the payment of
(i) a disconnection fee or £30 plus VAT for each line or
mobile telephone which is disconnected; and
(ii) (ii) where the line or mobile telephone is subsequently
reconnected a reconnection fee of £30 plus VAT for each
line or mobile telephone which is reconnected.
10.3 The Company may terminate the Contract in respect of all or part
only of the Services without liability to the Customer by giving notice to
the Customer at any time if:
10.3.1 the Customer commits any breach of the Contract and, in the
case of a breach capable of remedy, fails to remedy the same within 14
days after receipt of written notice from the Company giving particulars of
the breach and requiring it to be so remedied; or
10.3.2 the Customer makes any voluntary arrangement with its creditors
(within the meaning of the Insolvency Act 1986) or (being an individual or
firm) becomes bankrupt or (being a company) becomes subject to an
administration order or goes into liquidation (otherwise than for the
purpose of amalgamation or reconstruction); or
10.3.3 an encumbrancer takes possession, or a receiver is appointed, of
any of the property or assets of the Customer; or
10.3.4 the Customer ceases, or threatens to cease, to carry on business
or substantially changes the nature of its business; or
10.3.5 the Company reasonably apprehends that any of the events
mentioned above is about to occur in relation to the Customer and
notifies the Customer accordingly.
10.4 The Customer may terminate the Contract
(i) in respect of all or part only of the applicable Services prior to the
expiry of the applicable period referred to in clause 2 upon giving written
notice in the event that the Company breaches the Contract (and such
breach is not rectified within 14 days of the Customer’s notification to the
Company of the Company’s breach) or if the Company fails to provide
the applicable Service for 14 or more consecutive days; or
(ii) upon giving 30 days prior written notice for Fixed Line Services and
Free Phone Services and 90 days in respect of the Mobile Service
following the expiry of the applicable period referred to in clause 2.
Should such notice not be received the contract shall renew for a further
12 months from the date of initial expiry. Should notice not be activated
by the customer within two months of receipt by the Company, it will be
deemed that the customer does not wish to move and will enter a new 12
month contract period.

11. Consequences of Termination
In the event that the Contract is terminated in accordance with clause 10:
11.1 the Customer will permit the removal of any of the Company’s
Equipment from the Customer’s premises or such other location notified
to the Company by the Customer;
11.2 the Customer will be responsible for all outstanding charges for the
remainder of the period detailed in the Contract (if applicable);
11.3 if the Fixed Line Service is terminated by reason of the Customer’s
breach of the Contract, the Company reserves the right to charge the
Customer for its reasonable costs in respect of the installation of the
Company’s Equipment; and
11.4 the Customer will be responsible for any charges incurred by the
Company as a result of termination of the contract or porting
(transferring) the service to another provider (for the avoidance of any
doubt where the Customer requires a Porting Authorisation Code (“PAC
Code”) for each mobile telephone which is supplied and the Company is
charged a fee for such code then the Customer shall be responsible for
the payment to the Company of £45 plus VAT PAC code fee for each
number required or such fee as may be charged to the Company by the
relevant mobile telephone service provider, whichever is higher).

12. General
12.1 These Terms shall apply to the Contract to the exclusion of any
other terms referred to by the Customer.
12.2 No variation to the Contract or these Terms shall be binding unless
agreed in writing by a director or authorised representative of the
Company.
12.3 The Contract is personal to the Customer and the Customer shall
not assign or transfer or purport to assign or transfer to any other person
any of its rights or sub-contract any of its obligations under the Contract
without the Company’s prior written consent. The Company may assign
or transfer any of its rights or sub-contract any of its obligations under the
Contract at any time.
12.4 A notice required or permitted to be given by the Customer to the
Company under these Terms shall be in writing addressed to the
address set out in the Company’s last invoice to the Customer. A notice
required or permitted to be given by the Company to the Customer under
these Terms shall be in writing addressed to the address to which the
Company’s last invoice to the Customer was sent. All such notices shall
be served in writing by registered or recorded delivery post or delivered
by hand.
12.5 The Company may register information about the Customer with a
licensed credit reference agency. This information may be used to make
credit decisions by the Company and third parties. The information may
also be used to prevent fraud and to trace debtors.
12.6 The Company may monitor and record telephone calls made to it by
the Customer for training purposes.
12.7 No waiver by the Company of any breach of the Contract by the
Customer shall be considered as a waiver of any subsequent breach of
the same or any other provision.
12.8 If any provision of these Terms is held by any court or other
competent authority to be invalid or unenforceable in whole or in part the
validity of the other provisions of these Terms and the remainder of the
provision in question shall not be affected.
12.9 The Contract shall be governed by the laws of England, and the
Customer agrees to submit to the non-exclusive jurisdiction of the
English courts.
12.10 A person who is not a party to the Contract has no rights under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
Agreement, but this does not affect any right or remedy of a third party
which exists or is available apart from that Act.

13. Table of Charges
The Company reserves the right to place additional charges on to the
customer’s account, in addition to those already listed in previous
paragraphs.
For the avoidance of doubt concerning additional charges, a table is
listed below with relevant charges. Some of these include charges
already mentioned but also includes charges not already mentioned.
Billing by Paper £2.50 per month
Non Direct Debit Payment £1.50 per month
Returned Payment Fee (Non Direct Debit) £20.00 per instance
Failed Direct Debit Collection £10.00 per instance
Late Payment Fee £4.50 per instance
Contract Termination Fee £40.00 per contract
Re-connection Fee (after non payment) £30.00 per instance
Call bar (for non payment) £7.50 per instance
PAC code fee £45.00 per Mobile
MAC code fee £35.00 per code
Standard Parcel Postage £7.50 per item

14. Complaint Handling
We make every effort to ensure that customers are happy with the level
of service and products that we provide. Sometimes though, things can
go wrong. In the event of dissatisfaction with any aspects of our service,
products or faults, please telephone our customer services on 02476
651080 and we will make every effort to resolve the problem while you
are on the line. If this is not possible, we will agree a course of action
with you. You may also send your complaint to us in writing at:
Trojan Communications Ltd
2,The Cobalt Centre
Siskin Parkway East
Coventry
CV3 4PE
Or via email to sales@trojancommunications.co.uk
If your complaint is not resolved to your satisfaction after this procedure,
you may take it further within our company to our General Manger and
ultimately to our Director.
If we cannot resolve the problem, we will write to you to say so. If you
remain unhappy and wish to pursue your complaint further, you may wish
to refer to CISAS.
Useful addresses
CISAS, 12 Bloomsbury Square, London, WC1A 2LP.
Tel 0207 421 7444
Ofcom , Riverside House, 2A Southwark Bridge Road, London, SE1
9HA.
Tel 0208 7981 3000.