Schedule 1 Service Agreement / Customer Sales Order

Schedule 1 Service Agreement / Customer Sales Order

1. Free and inclusive calls and unlimited broadband data

1.1 Certain Invictus at Home packages include free or inclusive calls. These are to UK geographic numbers starting 01, 02 and 03 only and are available at the times stated in your Invictus at Home package.

1.2 All other calls, including but not limited to internet, non geographic and premium rate calls (except calls to 0845 numbers if expressly included in a package) are excluded.

1.3 Certain Invictus at Home broadband packages include unlimited data. As is standard industry practice, this is subject to a fair use provision. We reserve the right to restrict download speed to users in breach of this provision. For further details please see Invictus at Home ratecard pdf published on the Website.

2. Our charges and paying for the Services

2.1 The Invictus at Home package you select may be liable to a monthly fee for calls, if so these fees will be payable quarterly in advance, you will be billed for these within 30 days of activation. A fixed connection fee will apply to all chargeable calls, as stated in your Invictus at Home package. Chargeable calls may be billed monthly.

2.2 We will charge you for the Services in line with our Rates, and you agree to pay us the amount you are invoiced in accordance with such Rates.

2.3 Current Rates will be available on the Website, or will be posted to you at any time on request. We reserve the right to increase or decrease our Rates or introduce new Rates from time to time according to the terms hereunder: please see Clause 11 below for details.

2.4 Unless your Invictus at Home package details state otherwise, Call Charges are charged at one minute intervals. You accept that any person making telephone calls from the numbers you have chosen to use with the Services we consider to be authorised by you and that you must pay any Call Charges due from that use.

2.5 Any calls made and not routed through our Network will be billed for by the relevant Network operator.

2.6 All Rates quoted on our Website and in writing include VAT.

2.7 We work out all Call Charges using our data and records.

2.8 When the Services end, we will either:
2.8.1 refund any amount in credit on your account after we have deducted any amount you owe us under these terms and conditions; or
2.8.2 issue a final invoice for the amount you owe, which will be due by the date shown on that invoice.

2.9 We accept payment only by Direct Debit, unless we agree otherwise with you. Before we can accept your Application, you must provide your name, address and bank account details.

2.10 When we accept your Application, we will give you a credit limit that we may decide to increase when we set up a Direct Debit. If you go beyond the credit limit, you may be liable for interest and charges. For details of all such current charges please see our Rates published on the Website.

2.11 We will invoice you from time to time (generally agreed to be every month, though we reserve the right to change this from time to time according to reasonable necessity) for all Call Charges, Fees and Additional Charges that you owe under this agreement since the last invoice we sent you.

2.12 We will deduct the payment on the due date shown on each invoice. If this due date falls on a weekend or a public holiday, we will deduct the payment on the next working day after that date.

2.13 If we make an error in our charges to you, under the Direct Debit scheme you are entitled to an immediate refund from your bank or building society. You may cancel a Direct Debit instruction at any time by writing to your bank or building society.

2.14 If you do cancel your Direct Debit or discontinue the bank account that you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us. If you have provided us with your credit or debit card details, you agree that we may deduct payment (including all outstanding Call Charges, Fees and Additional Charges) from your credit or debit card account.

2.15 Unless we agree otherwise with you: a) we will charge a processing fee for any failed or cancelled Direct Debit payments and payments which you make other than by Direct Debit; and b) we will also charge a late payment processing fee if you fail to make payment by the due date. For further details please see our Rates published on the Website at Invictus at Home ratecard pdf

2.16 If you disagree with any item on your invoice, you must notify the Customer Care team in writing within 30 days of the date on the invoice. After that time, you are deemed to have accepted the invoice.

2.17 If we accept that it is our mistake, we will refund any amounts that we have wrongly charged to your account within 30 days of receiving notice from you. If you are unhappy with our decision, please refer to the dispute resolution process set out in our Code of Practice.

2.18 We may charge interest at 4% above Lloyds Bank plc's base rate (from time to time) on any amount that is still due 30 days after the invoice date in line with these terms and conditions. This interest will start to apply from 30 days after the due date for payment and will accrue each day until you pay the total amount you owe, whether or not this agreement has ended. Please also note that we may in such circumstances suspend or end your Services immediately pursuant to clause 9.3.2 below.

2.19 You agree to pay all reasonable costs incurred when collecting any outstanding sums from you, including any agents or solicitors costs.

3. Ending the Service or Moving Home

3.1 You may terminate your contract at any time in writing. You may be liable for a termination charge pursuant to clause 1.10 (please see the Rates section of the Website at Invictus at Home ratecard pdf for full details).

3.2 From the Activation Date, we will provide the Service to you unless and until they end in one of the ways described below.

3.3 We can suspend or end the Service immediately if:
3.3.1 you break any of these terms and conditions;
3.3.2 you fail to pay the sums due for the Services after we have given notice that your payment is overdue or your chosen payment method appears not to be valid in accordance with these terms and conditions;
3.3.3 for reasons outside our control, we cannot continue to provide the Services; or
3.3.4 you use abusive or threatening behaviour while using the Service (including to our customer service agents).

3.4 If we end our contract with you under clauses 9.3.1, 9.3.2, or 9.3.4 we may charge you for any reasonable costs we have to pay to disconnect you. You may also, in our own discretion taking account of all the circumstances, be liable for an early termination charge pursuant to clause 1.10.

3.5 If we cease providing the Services under clause 9.3.3 we will seek to give you at least seven days’ notice in writing in so far as is reasonably practicable in the circumstances.

3.6 Upon termination of any Services for any reason, we will send you a Termination Notice and all sums outstanding and any Additional Charges arising as a result of such termination shall become due and payable immediately.

3.7 If you move home within the UK, you may be able to continue to receive the Service with us on your new line; or it may require an engineer to visit your new premises (subject to a fee under our published Rates). Please note that your contract with us will continue in any event until it is ended in accordance with these terms and conditions. An early termination fee will still apply if you seek to end or cancel the Service during the minimum contract term.

3.8 If you wish to continue to receive the Services you must provide us with notice, including your new address and an alternative contact number, as soon as possible. Provided you give us 30 days’ notice of the move, we aim to move your Services with no disruption, although the Service may be disrupted during the move due to external factors and you will continue to be responsible for all our Fees and chargeable Rates during this period. If you are unable to receive the Service for any period of time from 30 days after giving us notice, except where the fault is with your Customer Apparatus or where you have refused to pay for a necessary engineer in accordance with our advice, we will refund you pro rata for any days without Service on your next billing date.

3.9 We will in most cases charge you reasonable costs for moving the Service to your new address, which will vary according to your set-up. For further details please see the Rates published on the Website at Invictus at Home ratecard pdf.

4. Changes to the Contract

4.1 We may change the terms of this Contract from time to time. Changes will be posted on our Website. Please check this regularly for updates.

4.2 If such changes are to your material detriment, in addition to publishing details of such changes on the Website we will seek to contact you (giving you at least one month’s notice) using one or more of the contact details provided by you in your Application. Such notice will most commonly appear on your bill the month immediately before the changes take effect. If we increase any of our rates or charges to your material detriment by more than 10% at any one time and you object to such change, you will not have to pay a charge to terminate your contract early or move to another Invictus at Home package; however you must inform us within 7 days of us providing you with notification of the relevant change.

4.3 If we have to make any changes to these terms and conditions due to matters outside of our control, such as changes in regulations, taxation or legal requirements, then we will let you know of these requirements and any such changes. In such circumstances you will not be able to end your service early without a termination charge, but only in accordance with clause 1.10 above.

5. Other

5.1 You cannot assign (transfer) your rights or responsibilities under this agreement without our permission in writing. We may refuse our permission.

5.2 Neither party shall be considered to have waived any right under these terms and conditions due to failure or delay in exercising that right.

5.3 Unless these terms and conditions say otherwise, any notice, invoice or other document given to you here under will be considered served if it is in writing and left at, or sent by post to, the address in the United Kingdom shown on your Application form, or any other UK address that you have provided.

5.4 These terms and conditions exclude and do not create or allow any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

5.5 This agreement is governed by English law, and you and we agree that disputes arising hereunder can only be dealt with in the courts of England and Wales.

6. Credit checks

We reserve the right to perform credit checks if you are a new customer. This means we would pass on some information about you to a third party credit reference agency. But don’t worry – we do this in accordance with the Data Protection Act 1998. If you are applying for a new service, adding extras to your package or even applying for a higher credit limit, we may need to run another credit check.

7. Sales and marketing

We want you to know that we follow strict rules about our sales and marketing of our products.

Ofcom introduced a set of rules to ensure that all communication companies follow guidelines to make sure that all sales and marketing practices are in line with strict standards, to make sure that you the consumer is protected.

All of our staff are fully trained so that they are aware of what is expected of them, and can advise customers correctly and fairly. For further information on the General Condition set out by Ofcom is available for you to view. You can find this document HERE.

8. Disconnection notices

If a balance continues to remain outstanding on your account, we may be forced terminate your telephone service. We’d rather not lose your custom, which is why we will send you a disconnection notice first. This would be sent out at least 7 days before the service is cut off. If we do disconnect your Invictus at Home service due to non-payment, the following may also apply:

  • The line would no longer send or receive calls
  • You may lose your number
  • Broadband/internet services may be affected
  • A termination fee may be applied to your account

If you are struggling with payments, please contact our collections team on 02477714322 who will be happy to discuss the options available to you.

If a Direct Debit fails, we will send you a letter explaining that the bill is unpaid and asking for you to get in touch to make a payment. We will also attempt to contact you by phone to discuss this. The direct number for our collections team is 02477714322, a £10 late payment fee may also be added to your account. If payment is not made and under debt management, we suspend your services a £50 +VAT admin fee will be applied to your account.