These terms and conditions apply to the provision by us, Black & White Telecom, to you of the Service and, together with your application as submitted via the internet ("Application"), they constitute the entire agreement between us with respect to our supply and your use of the Service ("Agreement"). The following terms shall have the following meaning when used in this Agreement:
"Activation Date" the date on which you can begin accessing the Service

"Charges" the charges associated with the Service, as described at www.blackandwhite telecom.com (or at such other website as may be notified to you from time to time)

"Service" the ability to make telephone calls routed via our exchange

"Start Date" the date on which we accept your Application, as confirmed to you under Section 1.1(a)

Section 1: Service
1.1 Once we have received your Application for the provision by us of the Service, we will:
(a) within five (7) working days confirm whether we accept your Application and, if so, provide you with your account number ; and
(b) if we accept your Application, set up carrier pre-selection (CPS) so as to enable you to access the Service with effect from the Activation Date which is normally ten (10) working days after the Start Date.

1.2 You acknowledge and accept that provision by us of the Service is subject to the following:
(a) Service is provided to the BT telephone lines identified in your Application and any termination, suspension, cut-off or fault with such BT telephone line will result in temporary or permanent loss of the Service;
(b) we may from time to time suspend the Service because of repair (whether scheduled or due to emergency), maintenance or improvement, in which case we will endeavour to restore the Service to you as soon as possible; and
(c) payment by you of all Charges described in Section 3, and that we are not responsible for any loss or deterioration of Service attributable wholly or partly to any of the matters listed in aragraphs (a) to (c).

Section 2: Use of the Service
2.1 You are only entitled to use the Service for personal use and if you are not less than 18 years old.

2.2 You will comply with (and ensure that all users of the Service comply with):
(a) all relevant legislation, licences and regulations and mandatory instructions or guidelines issued by regulatory authorities; and
(b) any reasonable instructions that we may give from time to time.

2.3 You will not (and ensure that all users of the Service will not):
(a) use the Service in a way that is unlawful, fraudulent, offensive, abusive, indecent, defamatory, bscene or menacing; or
(b) use the Service other than with BABT approved telephone equipment compliant with all applicable standards and relevant legislation in force at the time of use; or
(c) resell the Service to any third party; or
(d) disclose to any third party your account number and/or password.

2.4 If you use the Service in any way that, in our reasonable opinion, is or is likely to be detrimental to the provision of the Service to you or any other of our customers then you will take such corrective and immediate action as we may require. If, in our reasonable opinion, you fail to take such corrective action within a period of 3 days, we shall be entitled to suspend the Service without notice. In all circumstances, you will indemnify us against any claims, actions or legal proceedings including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party as a direct result of your failure to comply with your obligations under this Section 2.

2.5 Black & White Telecom reserves the right to withdraw any tariff plan if it is deemed the tariff is having a detrimental impact on the business or for any reason connected with the operation of the business. Black & White Telecom also reserves the right to withdraw any tariff plan from a customer at any time, for any reason, including without limitation, where the customer's use of this service risks degradation of service levels to other customers; puts Black & White Telecom 's network at risk; is for purposes that are not in keeping with those reasonably expected of a residential customer; is being used pursuant to a business.2.6 Your account number and password are confidential and you must inform us immediately by sending an email to customerservices@blackandwhitetelecom.com if you know or suspect that your account number or password has been disclosed to an unauthorised user or is being used in an unauthorised way. We reserve the right to suspend the Service and/or to require you to change your password if we believe that there has been or is likely to be unauthorised use of the Service. Until you have notified us of the unauthorised use, you remain responsible for all sums charged to your account.

Section 3: Charges
3.1 We will send you by email or post an invoice for the Charges on a monthly basis. We reserve the right to change the timing and/or frequency of our invoices. Your obligation to pay the Charges is ot conditional upon receipt by you of an invoice.

3.2 You will pay all Charges in accordance with the direct debit instruction provided as part of your Application. We will collect payment not earlier than ten (10) days after the date of the invoice.

3.3 If we are unable to collect any payment by direct debit we will:
(a) be entitled to suspend your access to the Service;
(b) send written notification giving you 7 days to pay all outstanding amounts in full; and
(c) charge you an administration fee of £2.50 together with interest at 3% above the base rate from time to time of Barclays Bank PLC.

3.4 If, following our notification under Clause 3.3(b), we are still unable to recover all payments due, or if your account remains wholly or partly outstanding for any other reason 14 days after the riginal due date for payment we will:
(a) send a further written notification requiring you to discharge your account in full within 7 days from the date of this notification, failing which we reserve the right to refer your outstanding account to credit reference agencies and/or solicitors and/or other third party collection services (in which case you will be responsible for all costs that are incurred by us in taking such action); and
(b) charge you a further administration fee together with a fee for the submission of the further written notification.

Section 4: Cancellation and Termination
4.1 Either of us may terminate this Agreement with immediate effect at any time (whether before or after the Activation Date) by giving written notice to the other. We may give notice to you by ending an email to the email address you provide as part of the Application or by writing to your home address. You must give notice to us by sending an email to customerservices@blackandwhitetelecom.com or by writing to Black & White Telecom, PO Box 13, Portrush, Co. Antrim. BT56 8WZ.

4.2 Termination by us shall be without prejudice to any other rights or remedies that we may have, whether under the terms of this Agreement or otherwise.

Section 5: Personal Data
5.1 We may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain the Service. Please note that we may record your telephone calls to us and we will keep a record of personal information you provide to us in connection with the Service.

5.2 You consent to our using and/or disclosing your personal information for the following purposes:
(a) processing your application (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account);
(b) providing or arranging for third parties to provide Customer Care/Help Desk facilities and/or billing you for the Service (which may involve disclosing your information to third parties solely for those purposes); and
(c) providing such personal information to selected third parties for the purposes of, and in connection with, providing and operating the Service.

Section 6: Indemnity
You will fully indemnify and hold us harmless against all claims and proceedings arising from your misuse of the Service, whether in breach of this Agreement or otherwise.

Section 7: Warranty and Limitation of Liability
7.1 We warrant that we will use our reasonable endeavours to provide the Service in all material respects in accordance with our obligations under this Agreement.
7.2 Except as stated in Section 7.1, and subject to Section 7.3, we make no warranty or representation with respect to the Service and, to the greatest extent permitted by law, we exclude all implied warranties relating to merchantability, satisfactory quality or fitness for a particular purpose

7.3 Nothing in this Agreement excludes either party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

7.4 Neither party shall be liable to the other, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.

7.5 Subject to Sections 7.3 and 7.4, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident or series of related incidents be limited to an amount equal to fifteen times the Charges paid by you to us in the year in which the liability first arose or, if greater, £5,000.

Section 8: General
8.1 Force Majeure: Neither party will be liable to the other for any breach by it of this Agreement (including failure to deliver the Service), where such failure or breach is due to a reason outside the reasonable control of such party.

8.2 Variation of terms: We may change the provisions of this Agreement (including the Charges) at any time, provided that we will give you notice of the changes at least 14 days before the change is to take effect.

8.3 Third party rights: This Agreement does not create 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 which exists or is available apart from that Act.

8.4 Notices and invoices: Notices given and invoices submitted under this Agreement must be in writing and shall be delivered:
(a) in the case of notices and invoices from us to you, by email to the email address provided by you as part of the Application or subsequently notified to us in writing) or by writing to your home address; and
(b) in the case of notices from you to us, by email to customerservices@blackandwhitetelecom.com or by writing to Black & White Telecom, PO Box 13, Portrush, Co. Antrim. BT56 8WZ.

8.5 Transfer of rights: You may not assign sub-contract or transfer any of your rights or obligations under this Agreement without our prior written consent. We may assign or transfer our rights nd/or obligations to any third party from time to time without your consent.

8.6 Severability: If any part, term or provision of this Agreement is held to be illegal or unenforceable the validity or enforceability of the remainder of this Agreement will not be affected.

8.7 Waiver: If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

8.8 Law: This Agreement will be governed by and construed and interpreted in accordance with the law of Northern Ireland and the parties submit to the exclusive jurisdiction of the Northern Ireland Courts.

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Terms & Conditions