Terms and Conditions

Should you have any queries regarding these Telecoms Terms and Conditions or the Telecoms Service please contact Alfonica at telecoms@alfonica.com or call 0330 135 5000.

1. Definitions

“Agreement” means any landline/hosted/broadband/leased line/point 2 point/s “Agreement” with any “Service Provider” (as defined below) with a “Customer”.

“Assured Broadband” is a specialised broadband product which facilitates a dedicated IP circuit into the “Customer’s” business and delivers voice calls at the highest quality.

“ATA” (Analogue Telephone Adapter) is hardware, which is required to facilitate an analogue system e.g. a door entry system, to work in tandem with the “Hosted” system and constitutes an additional “Hosted” user.

“Company” means Alfonica – a trading name of Rose Communications Group Ltd. Rose Communications Group Ltd is a company registered in England and Wales with the registration number 4468350 and registered address of 92-94 Stamford Hill, London, N16 6XS.

“Contractual Period” means the minimum period that applies to the “Agreement”, which will depend on the “Service” selected when placing the Order.

“Converged Broadband” is a specialised broadband product which provides high quality IP voice and internet over a single connection.

“Customer” means any individual, organisation, company or business that wishes to purchase “Goods” and/or “Services” from Rose Communications Group Ltd and accepts these terms and conditions.

“Landline” or fixed line is a telecommunications line, service or connection that uses wire running over land or underground to connect to a network. “Landline” services can include a single analogue, multi-line, ISDN2 and ISDN30.

“Goods” means any products supplied by “the Company” to the “Customer”.

“Handset” means the telephone device supplied by the “Company” or any third-party supplier; which the “Company” has selected to provide the “Customer”.

“Hosted” is a form of VoIP (Voice over Internet Protocol) that is “Hosted” in the Cloud, meaning that no physical hardware is required on-site, other than a desk phone.

“Leased Lines” is a private bidirectional or symmetric telecommunications line between two or more locations. A “Leased line” is sometimes known as an ethernet “Leased Line”, private circuit or data line. An Internet “Leased Line” is a premium internet connectivity product, normally delivered over fibre, which is dedicated and provides uncontended and symmetrical speeds.

“Openreach” owns the pipes and telephone cables that connect nearly all businesses and homes in the UK to the national broadband and telephone network.

“Porting” means the process of moving existing telephone numbers from the current “Service Provider” to a new “Service Provider”. Additional terms may apply.

“Provisioning” means correctly providing the phone lines or “Services” to work with the “Customer’s” equipment and enabling the various options the “Customer” has chosen.

“Service” means the telecommunication “Services” provided by the “Service Provider”.

“Service Provider” under these Terms and Conditions means any landline/hosted/broadband/leased line/point 2 point/nts “Agreement” with any “Service Provider”.

“Session Initiation Protocol (SIP)” is a communications protocol- the most common being internet telephony for voice and video calls as well as instant messaging over internet protocol (IP) networks.

“Simultaneous Provide” means a phone line installation, for which broadband is provisioned to go live within 48 hours from the line installation.

“SLA” A service level agreement (SLA) is a contract between a “Service Provider” (either internal or external) and the end user which defines the level of service expected from the “Service Provider”. SLAs are output-based in that their purpose is specifically to define what the “Customer” will receive.

“Telecoms” for this document means landline/hosted/broadband/leased line/point 2 point/nts “Services” offered by the “Company”.

“Termination Fee” means the calculation of the remaining monthly “Line Rental”, “Bolt-Ons” and/or “Add-Ons” up to the end of the “Contractual Period”; in respect of the early termination of each number from the “Service Provider”, plus the average monthly revenue to the end of the “Contractual Period”, and if appropriate any additional fees which may arise from “Service Provider” charges.

2. General

i. The Customer accepts that it is Company policy to not provide references to external IT, cabling or door entry system technicians or similar.

ii. Customers with 10+ employees accept that the Agreement will automatically roll over at the end of the Contractual Period; for the same period originally entered; unless the Customer provides ninety (90) days written notice to terminate (refer to General Terms and Conditions, Terminations vii).

3. SLA’s

i. The Customer acknowledges and agrees that for the Company to ensure SLA’s are adhered to in line with Company policy; the Customer will send all: ii. Telecoms requests including provisioning to telecoms@alfonica.com,

iii. Faults queries to telecoms@alfonica.com. The Company offers a dedicated 24-hour faults hotline which can be reached on 020 8815 4118 (please note: The Customer’s care level will dictate the speed at which Openreach will assign the fault engineer).

iv. The Customer accepts that emails sent directly to an individual staff member’s email address may result in a delay due to staff on annual leave, absence or sickness and are therefore advised to follow the above protocol.

4. Pricing

i. The Customer accepts that the prices quoted by any staff member of the Company or the dedicated Telecoms team, is exclusive of VAT at legislative rates, unless specifically stated otherwise.

ii. By entering into this Agreement with the Company, the Customer acknowledges and agrees that there may be additional charges should an Openreach Engineer attend a Customer site and where they deem that a charge is warranted.

iii. The above clause extends to pre-arranged appointments, a fault or any other reason where an Openreach Engineer is required to attend a Customer’s site.

iv. Although the Company will attempt to refute the charge; the Company cannot guarantee a charge to be withdrawn and the Customer will be liable for the charges.

5. Network Coverage, Call Quality and Features

i. Service Providers will take all reasonable steps to ensure their Service is available to the Customer. The Service Providers, although strive for, cannot guarantee a fault free Service.

ii. The Customer accepts that the Service is not fault free and may be impaired through atmospheric and geographic conditions, both scheduled and unscheduled maintenance, acts of war, terror and acts of God.

iii. The Customer acknowledges that the Company cannot take responsibility nor liability for any problems surrounding network coverage, call quality or features.

6. Hosted

i. The Customer agrees that:

a. Hosted seat rental is a contractual product and the Customer will be billed for the Service from the date of signature on the Agreement regardless of whether the Handsets have been received,

b. The billing takes in to account the time to setup the system according to the Customer’s individual requirements,

c. They can upgrade the Hosted seat rental tariffs at any time by providing written notice to the Company by email or by post to the Company’s registered address. The upgrade will take effect in the next billing month,

d. They cannot downgrade the tariffs at any time during the Contractual Period,

e. They cannot decrease the number of Handsets until the end of the Contractual Period,

f. A one-off divert charge for the divert feature and inbound call divert charges will be incurred during the Porting process,

g. Only one Hosted tariff can be applied to a Hosted company along with the ability for users to communicate internally, therefore the seats or users of a single Hosted company cannot be provisioned on different tariffs,

h. Should they opt for the Unlimited Tariff (per seat per month), 2,000 combined minutes will be allocated to each user for calls to prefixes 01/02/03/07, the inclusive minutes to 07 prefixes being limited to the four major mobile networks; Vodafone, EE, O2 & Three, and a further fair usage policy will apply to 03 prefix calls,

i. A fair usage policy will be applied to 03 destinations, regardless of the user’s tariff. The fair usage will be a maximum of 300 minutes per user per month,

j. Manufacturers specifications provided by the Company for the Hosted Handsets including Polycom, Yealink and Cisco may not include all the listed features due to extensive pre-configuration prior to shipping the Handsets to the Customer,

k. It is the Customer’s sole responsibility to ensure all relevant cabling and data points are in place prior to the Hosted system going live.

7. Door Entry System (DES)

i. Customers incorporating a Door Entry System to the Hosted system (other than an IP Door Entry System) will require an ATA. The Customer accepts that this is contractual and will be charged as an additional user monthly.

ii. Customers incorporating an IP Door Entry System will require a SIP line which will require a specific configuration and must be integrated into the system. The Customer agrees that it is their responsibility to advise the Company, ahead of the Agreement being signed, that they wish for the IP DES to be incorporated for the Company’s provisioning team to liaise with the Company’s DES engineer. Failure to mention this requirement is at the Customer’s own risk. The Customer accepts that there will be an additional charge for a SIP Line. All DES cabling will be carried out by the Customer’s DES engineer. This is not the Company’s responsibility.

8. PSTN/ISDN

i. Should the Customer log a phone line or broadband fault, and an Openreach engineer is sent to the site, a charge will be incurred if a non-Openreach fault is found.

ii. If a fault is found to be external (outside the Customer’s office or premises), however an internal fault from Openreach’s perspective (Customer’s office or premises are in a serviced office block) whereby the fault has been found internally in another office, a charge will be incurred.

iii. The Customer agrees that should the BT Openreach DP (Distribution Point) be located at the Customer’s premises, they will grant access to the DP for SAL/ISDN installations; if access is not provided, a charge may be incurred.

iv. The Customer acknowledges that a change of address of a PSTN/ISDN line will incur a new installation charge and the existing number can only be retained should the PSTN/SAL be within the same exchange, or the ISDN lines are within the same unit and cluster.

v. The Customer accepts that a one-off divert charge for the divert feature and inbound call divert charge will be incurred during the Porting process.

9. Broadband

i. Although the Company specifies Simultaneous Provide, the Customer acknowledges that this Service is not always guaranteed.

ii. The Customer can upgrade their broadband package after the Connection Date however a one-off charge will be incurred. Furthermore, the Customer agrees that their recurring monthly fee will be modified for the remainder of the Contractual Period.

iii. For ADSL, FTTC, converged ADSL, converged FTTC, annex M, assured services and bonded broadband connections, the cessation request requires a thirty (30) day written notice period once the Contractual Period has ended.

iv. All broadband connections, excluding bonded connections, will incur a Termination Fee of forty-nine (£49.00) pounds per line, regardless of whether the connection is under contract or not.

v. In addition, a bonded connection termination will incur a cessation fee of fifty (£50.00) pounds per bonded line, regardless of the contract expiry date i.e. a bonded connection of four lines will be charged a cessation fee of two hundred (£200.00) pounds (cost is fifty (£50.00) pounds per line).

vi. Change of address of an ADSL connection within the same exchange will not incur an early Termination Fee.

vii. Change of address of an ADSL connection to a different exchange will result in early Termination Fees.

viii. FTTC and fibre broadband cannot be moved to another address – whether within the same or different exchange. The Customer will incur early Termination Fees should they move premises before the Contractual Period has ended.

ix. Customers opting out of an unlimited broadband tariff do so at their own risk as they will be charged for going over their allocated bundle. Furthermore, the Customer acknowledges that no warning notification will be received.

x. The Cisco router is an essential part of an Assured Broadband or Converged Broadband connection and any reference to an Assured or Converged connection by default includes the Cisco router.

xi. A router is required for all circuits using the Company’s Assured IP Service. The Company will deliver the router to the Customer’s address or to a specified alternative address. The Customer acknowledges that the router is managed by and remains the property of the Company. If a router is not returned to the Company on termination of the circuit for which it was supplied, the Company shall be entitled to invoice the Customer for the router at the Company’s standard charge and the Customer is obliged to pay the invoice in accordance with this clause.

10. Leased Lines

i. This is a specialised Service offered to Customers at a monthly charge per line. In addition to the monthly charge, the Customer accepts and agrees that a Termination Fee will apply should they wish to terminate the line. Please refer to Leased Line full Terms and Conditions.

11. SIP Channel

i. This is a specialised service offered to Customers at a monthly charge per SIP Channel. In addition to the monthly charge, the Customer accepts and agrees that should they terminate the SIP Channel(s) they will be charged a Termination Fee after the contract has expired. The cost for terminating (after the contract has expired) is forty-five (£45.00) pounds per SIP.

12. Mobile Fair Usage Policy (FUP)

i. The Fair Usage Policy (FUP) is in place to ensure that all Customers receive a fast and reliable service.

ii. Should the Company and/or Service Provider find that the Customer is abusing the Service in any way, or exceeding the fair use policy, the Company and/or Service Provider may request that the Customer reduce their usage and in extreme cases the Company and/or Service may limit the Service, restrict or block access or disconnect the Customer.

a. United Kingdom:

1. The Customer agrees and accepts that the all the Company’s and/or Service Provider’s unlimited UK Tariff Plans including unlimited mobile bundles, packages and bespoke offers include a fair usage policy.

2. The fair usage policy for an Alfonica Mobile Customer is 15,000 minutes for unlimited UK landline or mobile calls and 15,000 unlimited UK texts per month.

3. The fair usage policy for non-Alfonica Mobile Customer’s vary depending on the network the Customer is connected to. The Customer is advised to contact the Company for the most up to date fair usage information or check their network’s website.

b. European Union:

1. Customers can use their UK minutes, text and data allowance when travelling through the European Union, including receiving calls free of charge whilst roaming.

2. Customers are advised that this may not apply to all Alfonica Mobile bespoke tariffs, as all types of International Direct Dial (IDD), International Text and Non-Geographical (NGN) allowances; whether integrated into a tariff or as an additional bundle; are excluded from the inclusive EU Roaming.

3. Non-Alfonica Mobile Customers are requested to contact the Company prior to travelling to check their fair usage policy based on the network they are connected to.

4. Alfonica Mobile Customers are advised that there is a fair usage policy on mobile data when roaming in the EU, depending on their data bundle. Once the fair usage threshold has been reached, Customers will be charged an out of bundle, roaming rate.

5. Customers are advised that if they use more than 50% of their Alfonica Mobile tariff allowance in the EU; whilst roaming, for four consecutive months (otherwise known as continuous roaming), a charge will be applied retrospectively for roaming consumption.

6. Alfonica Mobile and non-Alfonica Mobile Customers agree that excessive usage for the European Union will be based on the pre-set rules of what is considered as ‘reasonable travel’. As a rule, Customers should use their mobile phone more at home, within the UK, than abroad to retain the domestic rates.

13. Conditions of Tariff – Mobile:

i. The Customer understands that the lines(s), telephone number(s), Sim Card(s), Service and/or Additional Service should remain connected until the expiry of the Minimum Term.

ii. The Customer must fulfill the Minimum Term of the Agreement.

iii. The Customer understands that the payment terms are strictly adhered to throughout the term of the Agreement.

iv. Where a tariff change is implemented, prior to expiry of the Minimum Term, the connection will be re-contracted for a new Minimum Term and the balance of the previous Minimum Term will be added to it.

 6. Cash Back / Line Rental Offers / Free Gifts:

i. Where the Company has offered cash back/line rental /free gift offer to the Customer, certain additional terms and conditions apply which the Customer should note.

ii. Customers will be charged the full price of the tariff for the Minimum Term and the Company will issue a cheque for the cash back value upon receipt of the redemption form and month six (6) bill, provided the Customer has remained on the same or higher value tariff.

iii. The cash back/line rental/free gift offer will become invalid should the Customer or Service Provider reduce the tariff to an amount lower than the original Agreement or the Agreement has been disconnected prior to the Minimum Term as stipulated in the Agreement.

iv. The Company will send a redemption form within thirty (30) days of Connection Date to the Customer’s e-mail address used during the purchase or provide the Customer with a redemption form during the purchase.

v. The redemption form will need to be completed, signed and returned via post, along with the month six (6) bill. The form must be received no later than seven (7) months from the Customer’s Connection Date.

vi. The month six (6) bill must show that the Customer is on the same or higher value tariff. Cheques will be made payable to the individual who placed the original Order.

vii. A cheque will not be dispatched if a refund has been issued to the Customer.

14. Contract Buyouts (Mobile):

i. As part of the Agreement, the Company may pay part, or the total contract buy-out costs charged by the previous mobile Service Provider. The Customer must provide evidence which, in the Company’s sole opinion, is satisfactory to demonstrate that the agreed amount is owed by the Customer to the previous mobile Service Provider within fourteen (14) days of receiving the invoice from the mobile Service Provider. If the amount owed is lower than the amount agreed, the Customer acknowledges that the Company shall pay the lesser amount as owed by the Customer to the previous mobile Service Provider.

15. Hardware credits (Mobile):

i. As part of the Agreement, the Company may offer a hardware credit in lieu of Equipment, accessories and ancillary Equipment for each SIM card connected to the mobile Service Provider. This credit may only be used as a credit against invoices issued by the Company in respect of the provision of Equipment and accessories and has no other monetary value whatsoever.

16. Equipment:

i. Acceptance of the Equipment by the Customer shall take place when the Customer takes delivery or possession of the Equipment.

ii. Where Equipment is provided to the Customer on a free of charge basis as part of the Agreement, then notwithstanding delivery and acceptance of the Equipment title, the Equipment shall remain the property of the Company until the Minimum Term is served. Following any upgrade of Equipment or disconnection of the Equipment from the wireless service, Service and/or Additional Service, the Company shall reserve the right to request the safe return of the Equipment from the Customer to the Company. The Customer shall keep the Equipment in good working order during the period of use by the Customer.

iii. The Company reserves the right to charge the Customer any applicable replacement or repair charges as per current pricing for any Equipment that is not returned to the Company in accordance with the provisions of this clause.

17. Transfer of Liability & Assignment:

i. The Company may at any time assign its rights under this Agreement to any third party and may subcontract the performance of all or part of the same Agreement.

ii. The Customer cannot transfer their obligations to pay charges under this Agreement without the Company’s express consent. Any proposed transfer should be notified to the Company in advance.

iii. The Company’s acceptance of payment from another person other than the Customer does not imply that the Company has amended any of its rights or obligations of the Customer.

iv. The Customer shall not assign or transfer the benefit of this Agreement to any third party without the prior written consent of the Company.

18. The Company’s Liability:

i. The Company acts as a broker between the Customer and the Service Provider who supplies the services.

ii. The Customer accepts that it is Company policy to not provide references to external IT, cabling or door entry system technicians or similar.

iii. The Customer accepts and acknowledges that the Company shall not be held liable for the default of the Service Provider.

iv. The Company will not and cannot be responsible to the Customer in contract, tort or otherwise, including any liability for negligence, for any loss of revenue, business, anticipated savings or profit or of any indirect or consequential loss however arising.

v. The Customer accepts and agrees that the Company cannot be held liable or accountable in the below scenarios which is out of their control. The Customer understands and accepts that in these types of scenarios the liability and accountability fall on the Service Provider and not on the Company. This includes but is not limited to:

a. A scenario where the Customer suffers a loss in Service and/or Additional Service whether ceased/disconnected/interrupted by the Service Provider for whatever reason,

b. Where a loss in Service and/or Additional Service as per clause above results in the Customer’s number(s) not being reconnected by the current Service Provider for whatever reason and where the Service Provider is unable to authorise the Customer’s number(s) to be ported to an alternate Service Provider.

vi. This does not affect the Customer’s statutory rights or purport to exclude liability for personal injury or death arising out of the Company’s negligence.

vii. This Agreement constitutes the entire Agreement between the parties along with the Service Provider Agreement and supersedes all prior negotiations, representation, proposals and agreements; whether written or oral; relating to the matter of this Agreement.

viii. The Customer agrees that these terms and conditions shall govern this Agreement between the Company and the Customer and that these may be amended by the Company at any time without prior notification. Amendments will be communicated via e-marketing, Website or posted letter.

ix. Provision of the Service constitutes acceptance of the terms of this Agreement. All Services connected by the Company to the Service Provider shall be governed by the terms and conditions hereunder. This Agreement shall be deemed to commence when the Agreement has been issued to the Customer or on the Connection Date of each Service and/or Additional Service.

x. The Customer must promptly advise the Company of any change of address in writing, either by email or letter sent to the Company’s registered address by recorded delivery. Any notice hereunder sent by the Company to the Customer will be deemed as served to the Customer within 48 hours of posting to the last address the Customer provided to the Company in writing. The entire Agreement between the Customer and the Company will commence only after appropriate credit checks are completed.

19. Disputes and the law:

i. This Agreement is governed by English Law. Should the Customer have a complaint regarding the Company’s service they contact the Company’s registered address and request a copy of the complaints procedure. This document can also be found on the Company’s Website. Should the Customer not be happy with the way the complaint has been handled and wish to proceed in court, this must be done within England and Wales.