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Terms & Conditions

These Terms and Conditions form part of the Agreement which concerns the provision by MF Telecom Services Limited (the Company) to you (the Customer) of one or more of MF Telecom Services’ services. The Company will provide you with the Service(s) as specified on the Customer Order Form subject to the provisions of this Agreement. The Company may vary how these services are provided if the Company wishes to maintain or improve their quality or needs to do so in order to comply with any applicable law or regulation.

  1. Definitions

“The Agreement” means these contracting terms and conditions and the Customer Order Form.

“Customer” means the company, partnership, sole trader or other legal entity named in the Customer Order Form.

 “Company” means MF Telecom Services Limited (MFTS), registered in England and Wales, registration number 04057394, registered office 30 Chapman Way, Tunbridge Wells, Kent TN2 3EF, UK.

“Customer Order Form” means the accompanying document titled one or more of the following: Customer Order Form, Application Form, Data Order Form or Telecom Service Agreement, containing details of the Customer and the Services.

“Application Form” – see Customer Order Form

“Data Order Form” – see Customer Order Form

“Telecom Service Agreement” – see Customer Order Form

“Line Rental” is the provision of apparatus forming part of the network used by MFTS (the Company) to connect the Customer to a telephone exchange.

“Calls” means calls (including reverse charge calls) made on a line and a line is the apparatus forming part of the network used by the Company to connect the Customer to a telephone exchange.

“Broadband” means all broadband services, including ADSL and SDSL.

Inbound Solutions” means services provided via Non-Geographic Numbers (NGNs), such as fax to email service, interactive voice response, time of day/day of week routing, call queuing and outbound call recording services.

 

“Equipment” means any Equipment, including but not limited to hardware, such as telephones, cabling, telephone systems, routers, switchers and power supplies, supplied by MF Telecom Services (the Company) to the Customer.

“Term” means the current period for which the Service is being provided, initialling starting with the Minimum Term and then followed by a rolling period, as set out in these Terms and Conditions or specified on the Customer Order Form, until the Agreement is duly terminated as per these Terms and Conditions.

“Minimum Term” means the minimum Term that a Service will be provided to the Customer for, specified in the Customer Order Form or, where applicable, the term specified in a particular section of these contracting terms and conditions.

“Exceptional Call Reporting” (ECR) (billed as ECR toll fraud protection) is carrier based traffic monitoring, programmed to recognise fraudulent calls resulting in network call blocking.

“MLU Access” means the automatic insertion of the unique MF Telecom Services access code by a unit provided by MF Telecom Services.

“Preferred Commencement Date” means the preferred date on which that particular Service is due to commence.

“Date of Live Transfer” The date that the Service becomes available to the Customer. The Company will advise of this date as soon as reasonably possible once the Customer Order Form has been signed and the order has been placed. The Company will endeavour to keep the Customer informed of the live transfer date but no delay in confirming any date or delay in live transfer shall be construed as a material breach of the Agreement.

 “Site” means the place of business at which the Services and Equipment are to be provided as specified in this Agreement.

“Installation” means the physical installation of Equipment at the Site

“Installation Services” means Services by the Company for the Installation of Equipment.

“Normal Business Hours” For the purpose of this Agreement, Normal Business Hours means 8.00am to 5.00pm on any Business Day.

  1. Service(s)
  1. the Customer provides the Company with sufficient information including (but not limited to) the account name, account number, service address and billing address
  2. the Customer pays the Company charges for number portability, and number portability is available at the site
  1. On termination of this Agreement for whatever reason, the Customer will:
  1. immediately pay any outstanding invoices
  2. be responsible for any required engineering reprogramming costs for the Customer to use an alternative supplier.

 

  1. 10GB Cap – customers will be charged for each GB of data used in excess of 10GB in any given month
  2. 50GB Fair Use – customers must not transfer more than 50GB of data in any given month
  1. 150GB Fair Use – customers must not transfer more than 150GB of data in any given month
  2. 200GB Fair Use – customers must not transfer more than 200GB of data in any given month
  3. Unlimited – for these services, there is no fair use policy. Users can transfer as much data as they wish, but usage must be in accordance with the Acceptable Usage Policy.
  1. the VOIP service may not offer all the features, quality or resilience the Customer may expect from a conventional phone line
  2. the VOIP service may sometimes be limited, unavailable or disrupted due to events beyond the Company’s control e.g. power disruptions, failures or the quality of any connection
  1. the quality of a call made via VOIP is more akin to that experienced when making a call from a mobile network service to another mobile network service and this means that it is typically less than the quality experienced on a traditional land line
  2. if the Customer uses the VOIP service to make Emergency Calls, the location information received by the emergency services will be limited to the installation address of the Site, which may not be the location from which the call originated, and as such the Customer may be required to provide information about the Customer’s location to the emergency services to allow them to respond
  3. Emergency Calls made using the VOIP service may fail if there is a power failure or connection failure
  1. The Company reserves the right to increase the charges for this service on seven days written notice to the Customer in the event that any change in applicable law or regulations results in additional costs being incurred by the Company.
  2. Service will not commence until in the opinion of the Company, adequate and satisfactory testing has been conducted.
  3. Where an A number is being presented:
    • The Customer will ensure that the A Number is of a national significant format and is allocated to the Customer. The Customer will ensure that it possesses all necessary permissions in respect of the lines in question
    • Where the A Number is not allocated to the Customer, the Customer will ensure there is written consent from the allocated owner for its use as an A Number and that such consent has not been withdrawn.
    • The Customer will ensure that under the terms of the CLI code of practice the A Number that is allocated to the Customer is in use, connected to a terminal and capable of receiving calls.
  1. The Customer agrees for the Company to provide its supplier of the IP Direct Connect Service with the Customer’s name and address (including post code) as required under Ofcom regulations to pass such details on to BT.
  2. Where the Customer has ordered the “Presentation CLI Service” which authorises the Company to carry voice traffic with a Presentation Number different from its underlying CLI or endpoint(s) (as these terms are defined in NICC ND 1016 available at http://www.niccstandards.org.uk/publications/public-net.cfm), before the Service is made available, subject to this being technically practicable, the Customer will be required to agree and sign an authorisation statement. This statement is available from the Company on request. The Company is required to retain a copy of this signed statement, and any variations and amendments, and shared with the Company’s supplier of the Service on request.
  1. If the network provider exercises any right against the Company to withhold or claw-back payments made by the network operator to the Company, the Company shall be entitled to charge, clawback or adjust any payments, tariffs or discounts made or given by the Company to the Customer to the extent that they are based upon payments from the network operator for commercial purposes.
  2. In the event that the Customer wishes to change its mobile service supplier after the relevant Minimum Term has expired, the Company will arrange for the transfer of the telephone number to the new supplier providing that the Customer has given appropriate period of notice to terminate that supply and upon the payment of a reasonable administration fee and all sums due to the Company under this Agreement being paid up to date, together with the payment of a deposit in respect of unbilled calls.

(a) failure due to changes to or disconnection from the approved system

(b) failure of any supplies or connected services

(c) changes in the environment

(d) ancillary items including but not limited to answer phones, call loggers, payphones, public address systems, printers, external music on hold sources, system cabling and consumables unless otherwise agreed in writing

(e) a force majeure event as defined in the Agreement

(f) the repair of damage to the Equipment resulting from accident, theft, vandalism, neglect, fire, fluctuations in electrical power supply, telephone line conditions or causes other than ordinary use (including, but not limited to, failure to observe any instructions supplied by the Company or the original Equipment manufacturer) regarding the operation of the Equipment)

(g) the alteration, modification or maintenance of the Equipment by any person other than the Company without the Company’s prior written consent

(h) the transportation or relocation of the Equipment save where the same has been performed at the request of the Company

(i) the maintenance or repair of any extension wiring any Equipment not at the Site, or of anything other than the Equipment

(j) any defect or error in any software used upon or in association with the Equipment

(k) the supply of replacement cassettes, aerials, aerial systems and batteries

(l) the reprogramming of the Equipment to provide improved or modified service or facilities

(m) Equipment faults caused by telephone area code changes or changes in Carriers

(n) maintenance arising from loss of equipment as the Maintenance Services are limited to repair or replacement of faulty equipment on a like-for-like exchange basis

(l) a dedicated helpdesk.

  1. Any such delay will not give the Customer the right to refuse installation of the Equipment or payment due to the Company.
  1. The Customer must return to the Company a ‘programming information sheet’ at least seven days prior to the installation date. Without this installation may not be possible.
  2. The Company accepts no liability whatsoever for any loss the Customer or any third party may suffer as a result of installation of the Service.
  3. The Customer warrants, represents and undertakes that there are adequate health and safety provisions in place at the Site, and that the Customer holds third party public liability insurance with a level of cover of at least the minimum required by Law.

 

  1. A MAC is classed as a unique change to the configuration of the phone system.   Name change, divert.  A MAC is classed as a task that takes up to 15 minutes worth of remote engineering time.

For PBX support maintenance contracts, remote access time (MACs – Moves and Changes) per annum is based on contract value, allocation as follows:

  1. Up to £40 pm = 10 MACs
  2. £41 – £60 = 12 MACs
  3. £61 – £80 = 16 MACs
  4. £80 – £110 = 20 MACs
  5. £110 – £150 = 30 MACs
  6. £150 and over = 35 MACs

 

  1. ii) For hosted support maintenance contracts, remote access time (MACS – Moves and Changes) per annum is based on contract value, allocation as follows:
  2. 1 – 10 Users = 10 MACs
  3. 11 – 20 Users = 12 MACs
  4. 20 – 50 Users = 16 MACs
  5. 50 – 80 Users = 20 MACs
  6. 80 – 110 Users = 30 MACs
  7. 110 and up Users = 35 MACs

 

~ If the MAC allowance is reached within the annum additional MACs can be purchased @ £25.00 per MAC or £200.00 for a bank of 10 units to be allocated to the account.

~ MACs do not include full system configuration re-writes or an Auto attendant creation.

 

General

Customer Responsibilities in relation to Services provided

  1. not to use the Fixed Network Services in a way that breaches any Relevant Laws, the Code or any guidelines or any licence applicable to the Customer or that is in any way unlawful or fraudulent
  2. not to use (and procure that no end user shall use) the Fixed Network Service as a means of communication for a purpose other than that for which the Fixed Network Service is provided and as may be set out in any relevant literature supplied by the Company from time to time
  1. to implement adequate control and security over the use of the Fixed Network Services provided to the Customer including but not limited to the prevention of viruses, worms, Trojan horses and/ or any calls generated by rogue diallers or hackers.

 

The Customer must use the Broadband Service in accordance with the acceptable use policy. The Customer must not use the Broadband Service:

  1. to knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to the Customer
  2. to knowingly make available or upload files that contain a virus or corrupt data
  1. to publish, post, distribute, disseminate, send, knowingly receive, upload, download, use or re-use material which is abusive, indecent, defamatory, offensive, obscene or menacing, or in breach of copyright, privacy or any other rights
  2. to deliberately abuse any part of the Service
  3. to post or send the same or similar messages in multiple use net or news groups
  1. to falsify user information
  2. to act in such a way that threatens the integrity or security of any computer system
  3. with a view to avoiding incurring or paying charges for such usage
  1. to violate any restrictions on the size of emails

 

Ordinary Typeface Special Phone Book Entry £250.00 + VAT

 

Bold Typeface Special Phone Book Entry £475.00 + VAT

 

Superbold Typeface Special Phone Book Entry £921.00 + VAT

 

Ordinary Typeface National Special Phone Book Entry £12775.00 + VAT

 

Bold Typeface National Special Phone Book Entry £26665.00 + VAT

 

Superbold Typeface National Special Phone Book Entry £43394.00 + VAT

 

 

  1. for death or personal injury resulting from that party’s negligence or its employee’s negligence while acting in the course of their employment; or
  2. for anything else for which the parties cannot at law limit or exclude their liability.
    • Both the Customer and the Company are bound by the Agreement from the date it is signed.
    • The provisions of this Clause continue to apply despite the termination or expiry of the Agreement.
    • Force Majeure
      1. Neither party will be obliged to carry out any obligation under the Agreement where performance of such obligation is prevented due to any cause beyond the party’s reasonable control, including but not limited to any act of God, severe weather, failure or shortage of power supplies, flood, drought, lightning or fire, labour shortage or labour dispute, the act or omission of Government, highways authorities, other telecommunications operators or administrations or other competent authority, war,  military operations, or riot, or difficulty, delay or failure in manufacture, production or supply by third parties of either the Equipment or Services or both resulting from the same or a similar type of force majeure event
      2. If any force majeure event lasts for more than three months from the date of its commencement and that event prevents either party from performing all or a material part of its obligations during that period either party may by giving 14 days written notice to the other party terminate the Agreement.
    • Wholesale Line Rental (WLR)

On the WLR Service, the Company will bill the Customer for line rental of the Customer’s BT™ line and BT Openreach™ will continue to maintain the line and fix any faults that may occur. The Customer acknowledges that in order to avoid delays occurring in the ordering process, the Company will need to be notified by BT™ of any products or services presently in use on the Customer’s line that are incompatible with the WLR service. BT™ is under a strict duty not to disclose information about a customer’s telephone services to a third party unless the customer has consented to such disclosure. In signing this agreement the Customer gives consent to BT™ to disclose such information to the Company. The Customer also gives the Company authority to act as the Customer’s agent to arrange connection onto the Company’s Service(s). If the Company is unable to take over the billing of the Customer’s line rental, for whatever reason, the Customer hereby authorises the Company to carry the Customer’s phone calls only through carrier pre-selection.

CPS is the routing of phone calls through a carrier other than BT™. The Customer’s phone line(s) are still maintained by BT™ engineers but the calls are carried on another network. The Company may select and at any time change any carrier or other service provider for the purposes of providing the CPS service. In signing the Agreement the Customer irrevocably authorises the Company to give all notices, nominations and other authorisations necessary for the Company to provide the CPS service.

The liability of the Company shall apply only to defects that appear under proper use and under conditions of operation not more onerous than those declared to the Company by the Customer prior to entering into the Agreement, and in particular shall not apply to defects which arise from neglect, misuse, or faulty maintenance of the Equipment by the Customer or any of its other contractors, or from alterations carried out without the prior written consent of the Company or from repairs carried out improperly by the Customer or its servants or agents or arising from normal wear and tear.

MF Telecom Services will use all reasonable endeavours to keep all services relating to the Agreement operational. However:

  1. In the event of a local or national emergency.
  2. To comply with a request from a government or other competent authority.
  1. To maintain the quality of the Company’s services.
  2. If the Company reasonably believes that the Customer will fail to pay any amount due to the Company (whether or not the Company has issued the Customer with an invoice)
  3. If an event occurs which is beyond the Company’s reasonable control.
  1. The Company believes or is advised it is necessary because of technical problems or work on the network or for reasons of safety.
  2. The Company believes it is necessary to prevent fraud taking place.
  1. The Company needs to maintain or upgrade the Company’s Designated Carrier Network at the Site.
  2. The Customer’s total charges incurred are more than the Customer’s credit limit.
    • The Customer acknowledges and agrees that in certain circumstances it may not be possible for the Company to provide notice of the suspension. The Company will use reasonable endeavours taking account of the circumstances to provide the Customer with as much notice of the suspension and to maintain the suspension for as short a period as is reasonably possible.
    • If suspension occurs for technical reasons or to prevent fraud and that suspension lasts for more than 24 hours, the Customer will receive a pro-rata credit against the monthly access charge for the period of the suspension.
    • If the Customer fails to pay a sum due under the terms of the Agreement then the Company reserves the right to suspend the Service and levy an administration fee of £50 for lifting such a suspension. This is in addition to any other costs owed or incurred under this Agreement.
  1. administering the Customer’s account (including, without limitation, arranging finance with lessors of the Equipment, liaising with any Carriers who are relevant to the provision of the Fixed Network Services, and sharing the data with members of the Company’s Group);
  2. notifying the Customer of changes to the Service, including (without limitation and unless stated otherwise on the Order Form) contacting the Customer regarding potential and/or actual enhancements to or offers in relation to the Service;
  1. for invoicing purposes.
    • Except with the prior written consent of the other party, neither party shall make any public statement about the Equipment and/or Services or otherwise publicise the Agreement or any information relating to it.
    • Nothing in the Agreement is to be construed as establishing or implying any partnership or joint venture between the parties, or as appointing any party as the agent or employee of any other party. No party shall hold out any other party as its partner or joint venturer. Except, and to the extent, that the Agreement expressly states otherwise, no party may incur any expenses or negotiate on behalf of any other party or commit any other party in any way to any person without that other party’s prior written consent.
    • Neither party has authority to enter into any contractual arrangements with third parties on behalf of the other party.

In this clause “Working Day” means Monday to Friday but does not include Bank Holidays.

22.1 Purpose

  1. i) The purpose of this agreement is to outline the specific terms and conditions governing the access of your system and/or network by MF Telecom Services’ (‘MFTS’).
  2. ii) Article 6 of the GDPR, which will be incorporated into law on 25th May, enables us to hold, exchange and process person identifiable data under a ‘legitimate interest’ within the B2B environment, and under our current contractual arrangements. On the whole the data we hold is primarily held for the provision of a business transaction or service.

iii) We do not hold special categories of data or sensitive data as defined by the GDPR and DPA.  Access to systems or networks are for support and service only, only the system configuration maybe stored by us following the encryption process outlined within our GDPR policy.

iv)This agreement is made between MF Telecom Services’ (‘MFTS’) and the customer.

 

i)Access is defined as all remote (and where necessary local on-site) access to your network for any service or support purpose.

ii)The network includes all data, applications, systems, services, infrastructure and computer devices which are owned or leased by the customer for the provision of our services.

iii)Mobile computer devices are defined as any handheld computer device, including but not limited to laptops, notebooks, tablet computers, smartphone devices (e.g. PDA, iPhone and Blackberry enabled devices, etc).

iv)Removable Storage devices are defined as any optical or magnetic storage device or media, including but not limited to floppy disks, CD, DVD, magnetic tapes, ZIP disk, USB flash drive (i.e. memory stick/pen/keys), external/portable hard drives.

 

22.3  Remote Access Agreement

i)MFTS may only use the network connection for approved business purposes as outlined in their service agreement. The use of the network connection for unapproved purposes, including but not limited to personal use or gain is strictly prohibited.

ii)MFTS may only use access and protect data by methods which have been defined by the MF COMMUNICATIONS GDPR policy.

iii)MFTS must ensure that only their employees & approved contractors, have access to the network connection or any equipment.

iv)MFTS shall be solely responsible for ensuring its nominated employees are not security risks.

The customer will promptly inform the MFTS in writing of any relevant employee changes. This includes the rotation and resignation of employees so that MFTS can disable their usernames and remove / change passwords in order to secure its resources.

v)As part of the annual service agreement review the customer will provide MFTS with an up to date list of their employees who have access to the network connection or any equipment.

vi)The customer is solely responsible for ensuring that all usernames and passwords issued to them by the MFTS remain confidential and are not used by unauthorised individuals. The customer must immediately contact MFTS they suspect these details have been compromised.

vii)The customer will be held responsible for all activities performed on the network while logged in under their own usernames and passwords.

viii)The customer and MFTS must ensure at all times that all computer devices used by them to connect to the network have reputable up to date anti-virus software and the appropriate security patches installed.

ix)Only in exceptional circumstances and with the prior written approval of the customer, should MFTS hold personal information on mobile computer devices or removable storage devices. Should the business requirements necessitate that x)MFTS store personal information on mobile computer devices or removable storage devices, then MFTS must ensure that only the absolute minimum amount of personal information as is absolutely necessary is stored on the mobile computer device or removable storage device and the information is securely deleted when it is no longer required. MFTS must ensure that all personal information stored on mobile computer devices and removable storage devices belonging to the customer is encrypted in accordance with the MFTS GDPR Policy.

xi)The customer must ensure that all mobile computer devices used by them to connect to the network, are used in such a way that access information belonging to them is not displayed to unauthorised individuals or the general public.

xii)When MFTS is connected to the customer network they should not leave their computer devices unattended.

 

Download MF Telecom Services Terms and Conditions