Schedule 1 – Phone Services Schedule

This Service Schedule for Phone Services is made by and between Fusion Mobile Communications LTD and you and is part of your Agreement with us.

In the event of any conflict or ambiguity between this Service Schedule and the Business General Terms, this Service Schedule will take precedence.

Capitalised terms not defined herein shall have the meaning ascribed to them in Schedule 4 (Definitions & Interpretation).

The Company shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. The Company does not give any warranties as to the compatibility of the Website with Your computer systems, software and/or hardware.

1. Definitions

“Phone Services” has the meaning specified in paragraph 2 of this Service Schedule; and

“Service Start Date” means the date you are able to start making and receiving calls or otherwise using our Phone Services.

2. Description of the Phone Services

2.1 The Services covered by this Service Schedule comprise:

(a) the installation or takeover and rental of a fixed telephone line;

(b) the facility to make or receive telephone calls;

(c) any one of a range of call price plans that enable you to make discounted telephone calls;

(d) any other facilities such as caller ID display that we agree to give you;

(e) one phone number for each fixed telephone line that you rent from us, which will be published (with your business details) in BTTM directories free of charge and will be available on directory enquiries services, unless you tell us not to;

(f) access to the emergency services and provision of caller location information from your telephone line; and

(g) any other fixed line phone related services that we agree to provide to you under this Service Schedule (which expressly excludes our Broadband Services our Mobile Services and our VoIP Services).

(collectively referred to as the “Phone Services”).

3. Service Start Date

3.1 The Service starts on the Service Start Date.

3.2 For new line installations, we will agree a date with you for installation. If you cancel any appointment for the installation of your service after 12.00 noon on the day before we agree to install your telephone line, you will be liable to pay a missed appointment charge at our then current Charges which are available on our Website at www.fusiobmoile.net.

3.3 Time is not of the essence for the Phone Services. We will try to provide the Phone Services by any date agreed with you, but any suggested date is an estimate.

3.4 For line transfers, we will normally transfer the line from your current provider within ten Working Days. The time taken to port numbers from other networks varies and sometimes it may not be possible or reasonably practicable. If this happens we will provide you with a new number(s).

4. Minimum Term

4.1 The Phone Service will have the Minimum Term agreed with you, and specified in your Confirmation Letter (usually 12 or 24 months).

4.2 If you terminate this Service Schedule before the end of the Minimum Term, or a Renewal Term, (or we terminate it due to your breach of the Agreement), we will Charge you a Cancellation Fee. Our current Cancellation Fees are available on our Website at www.fusionmobile.net

5. Charges

5.1 Fusion Mobile Communications LTD charges you for using the Phone Services covered by this Agreement. The Charges applicable to the Phone Services are described in this paragraph 5 of this Service Schedule and in Clause 12 of our Business General Terms. You agree to pay and are responsible for paying the Charges for the Phone Services or for any Equipment you purchase.

5.2 Charges for the Phone Services will be incorporated into your monthly Fusion Mobile Communications LTD invoice.

5.3 Unlimited local & national inclusive call price plans are available to businesses only customers.

5.4 The inclusive minute allowances specified in your call price plans will be deducted in one minute increments (with any part minutes rounded up to the nearest minute).

5.5 Call Charges for calls outside of your inclusive minute allowances will then be rounded up to the nearest whole penny and will be charged to you at our then current rates specified in our Price Guide. In addition, a per call connection Charge will apply.

5.6 All unlimited plans connected to our Phone Services are subject to our fair usage policy available on our Website at www.fusionmobile.net (“Fair Usage Policy”).

5.7 In the event that you exceed the limits included in our Fair Usage Policy:

(a) we will charge you our then current call Charges for the exceeding minutes in accordance with paragraph 5.6 of this Service Schedule; and

(b) we reserve the right to switch you to a more appropriate tariff or call price plan at any time, to suspend the Phone Services or to terminate this Agreement with immediate effect.

Schedule 3 – Fusion Nexus Services Schedule

This Service Schedule for VoIP (Fusion Nexus & Fusion Call Centre) phone system services is made by and between Fusion Mobile Communications LTD and you and is part of your Agreement with us. 
This Agreement commences on the date that Fusion Mobile Communications LTD first accepts your order.

In the event of any conflict or ambiguity between this Service Schedule and the Business General Terms, this Service Schedule will take precedence.

Capitalised terms not defined herein shall have the meaning ascribed to them in Schedule 43 (definitions & interpretation).

1. Definitions

“Fusion Nexus Services” or “VoIP phone system services” has the meaning specified in paragraph 2 of this Service Schedule;

“Service Start Date” means the date you are able to start using your Fusion Nexus.

2. Service Description

The Services covered by this Service Schedule comprise:

(a) the installation of an IP-based phone system;

(b) the facility to make or receive telephone calls;

(c) any one of a range of call price plans that enable you to make discounted telephone calls;

(d) any other facilities such as auto attendant, caller ID display or voice recording that are included in your call price plan;

(e) one phone number for each line that you rent from us or any existing phone number that is ported to this phone system;

(f) access to the emergency services and provision of caller location information from your telephone line; and

(g) any other fixed line phone related services that we agree to provide to you under this Service Schedule (which expressly excludes our Broadband Services).

3. When the Service Starts

3.1 The Service starts on the Service Start Date.

3.2 Time is not of the essence for the Fusion Nexus Services. We will try to provide the Fusion Nexus Services by any date agreed with you, but any suggested date is an estimate.

4. Minimum Term

4.1 The Fusion Nexus Service will have the Minimum Term agreed with you, and specified in your Confirmation Letter (either monthly, 12 or 24 months).

4.2 If you terminate this Service Schedule before the end of the Minimum Term, or a Renewal Term, (or we terminate it due to your breach of the Agreement), we will Charge you a Cancellation Fee. Our current Cancellation Fees are available on our Website at www.fusionmobile.net.

4.3 The Service is a business Service for use in the normal course of your business. If you are purchasing the Service for consumer use, you have a statutory right to cancel within 14 days of your order.

5. Our Provision of the Services

5.0 You agree to review the verify that the system is functioning and set up according to your requirements before using the service (ie. call recording). This includes checking after each change or amendment made to the service by you or by Fusion Mobile Communications LTD agents and staff. You agree to notify Fusion Mobile Communications LTD immediately if notice an issue with the system or services.

Fusion Mobile Communications LTD shall not be liable to you for any loss or damage due to any cause of the services or system functions not working after such changes or amendments or shortage of power supplies, acts or omissions of other communications providers, compliance with any regulation, law or court order, acts or omissions of local or central government or other competent authorities.

5.1 We will provide the Fusion Nexus Services to you, which will include (if purchased) an IP-based telephone hardware, with reasonable skill and care and in accordance with the provisions of this Agreement. We can only provide services in areas of the United Kingdom in which we, or our suppliers, are technically able to offer Fusion Nexus Services from time to time.

5.2 In order to use the Fusion Nexus Services, you need an existing broadband connection with minimum bandwidth requirements, unless we tell you otherwise in writing. You must also ensure that compatible cables and extension leads are used to and from your telephone socket, router or modem, and PC in order to use the Fusion Nexus Services. You acknowledge that we are dependent upon certain third parties to install and provide the Fusion Nexus Services to you. You also acknowledge and affirm that there may be technical limits that prevent us from delivering an operational service to you. We will endeavour to provide the best possible quality of Fusion Nexus Services to you but the quality of the service will depend to a greater extend on the quality of your broadband connection.

5.3 We do not undertake to provide a fault free service. By signing up to the Service you understand and agree that the Service may not offer all of the features you may expect from a traditional phone line and may sometimes be unavailable as a result of things over which we have no control, for example, power disruptions and failures of your internet service provider (ISP) or broadband connection. You must maintain your broadband connection in order to use the Service. Your attention is specifically drawn to the Service Schedule, which describes the Service and any limitations.

5.4 IP Phone hardware purchased directly from Fusion Mobile Communications LTD will receive technical support within their warranty period. Technical support for IP phone hardware acquired from any other source is therefore the responsibility of the manufacturer.

5.5 If you currently receive a Fusion Nexus or VoIP Services from an alternative supplier you are responsible for any contractual agreement you have with them and any liabilities you may incur for terminating your current agreement.

5.6 In using our Fusion Nexus Services, you agree to comply with our Acceptable Use Policy which is available on our Website at www.fusionmobile.net.

5.7 If the Service is fully operational, 999/112 public emergency call services can be accessed from within England, Wales, Scotland and Northern Ireland. However, you understand and acknowledge that there may be some limitations as set out in the following paragraphs. If you use the Service outside England, Wales, Scotland and Northern Ireland you will not be able to call emergency services in the country where you are located. A line from another communications provider will be required to call emergency services outside England, Wales, Scotland and Northern Ireland. If there is a Service outage for any reason, such outage may prevent access to 999/112 dialling.

5.8 You must register with Fusion Mobile Communications LTD the primary physical location where you will be using the Service. Your initial location will be registered as a part of subscribing to the Service. It is your responsibility to maintain the accuracy of your location address if there are any changes. You can do this by emailing any changes to us at help@fusionmobile.net. If you do not update us with changes, it may or may not be possible for emergency operators and authorities to identify your location and phone number when you dial 999/112. Location information of your primary office as notified to Fusion Mobile Communications LTD will only be provided to emergency services; extension information may not be provided to emergency services. When you dial 999/112 you will need to state your location and phone number promptly and clearly, as emergency operators and authorities may not have this information.

Emergency operators and authorities may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason. Emergency operators and authorities may also not be able to hold your line open in the event you hang up.

You agree to inform potential users of the Service of the above limitations and you understand and accept that you should always have an alternative means of accessing 999/112 emergency services. If Fusion Mobile Communications LTD suspends the Service you will still be able to dial 999.

5.9 Number portability may be unavailable with the Service. If you wish to port your telephone number to Fusion Mobile Communications LTD or your telephone number from Fusion Mobile Communications LTD to another provider, you may not be able to keep your telephone number. For more information on transferring your telephone number away from Fusion Mobile Communications LTD and to Fusion Mobile Communications LTD call our customer service team.

If you port out your telephone number to another provider, the Service and this Agreement will not be cancelled and you will remain responsible for payment of all subscription charges and other charges under this Agreement for their full term.

You may not claim any compensation if there is a delay in porting,

A number that can be transferred to Fusion Mobile Communications LTD typically takes 20 business days to complete. The process starts with the customer completing a letter of authority (LOA) which authorises Fusion Mobile Communications LTD to request a number transfer from your existing provider to Fusion Mobile Communications LTD. The information on the LOA must be accurate and complete and match the information held by your existing service provider to avoid the transfer request being rejected by your existing service provider and causing a delay in the transfer of your phone number. Fusion Mobile Communications LTD will not take any responsibility for such delays but will endeavour to avoid such delays in so far as it can.

For Fusion Mobile Communications LTD to start a number transfer we require the customer to have plugged in their phones, to keep them connected to the Fusion Mobile Communications LTD network and to have made and received calls. Where the customer does not perform these actions the number transfer will be delayed.

Once the transfer is agreed by your existing service provider, the existing provider will provide a transfer date which Fusion Mobile Communications LTD will notify to you. Fusion Mobile Communications LTD or your existing provider may change the transfer date for operational reasons up to the day before the notified transfer date. A change of transfer date in this circumstance does not qualify for compensation from Fusion Mobile Communications LTD.

6. Charges

6.1 Fusion Mobile Communications LTD charges you for using the Fusion Nexus Services covered by this Agreement. The Charges applicable to the Fusion Nexus Services will be the: (i) Charges that we confirm to you in our Confirmation Letter; (ii) the Charges that we describe in this paragraph 6; and (iii) the Charges that we describe in Clause 12 of the Business General Terms as applicable.

6.2 You agree to pay and are responsible for paying the Charges for the Fusion Nexus Services or for any Equipment you purchase from Fusion Mobile Communications LTD.

6.3 In the event that we have agreed to provide you with a bundle for Fusion Nexus and Broadband Services and you transfer to other supplier, or terminate, all telephone lines covered by the bundle, we will automatically apply to you our then current Charges for any remaining services.

6.4 Fusion Mobile Communications LTD will apply a monthly Charge, specified in our Price Guide which is available on our Website at www.fusionmobile.net.

7. Acceptable Business Use of the Services

7.1 You must use the Service for normal and reasonable use in the course of your business (“Acceptable Business Use”). If you use the Service otherwise than for Acceptable Business Use, we may at our sole discretion terminate the Service immediately. In the case of any termination then without prejudice to any other remedy available to us under this Agreement or at law, you will pay to us as liquidated damages for early termination (being a genuine pre-estimate of the loss and damage we would suffer as a result of early termination) the monthly Service charges that would have been payable to us up until the end of the Minimum Term and you will be responsible for paying all charges under your applicable call price plan including without limitation unbilled charges, early termination charges and other charges all of which immediately become due and payable. We shall immediately charge all these amounts to your account. Each of the following will be considered when evaluating whether your behaviour is outside of Acceptable Business Use:

7.1.1 persistent use by or for others who do not work in your business;

7.1.2 use by others who are not registered Fusion Mobile Communications LTD client users;

7.1.3 frequent changes to telephone numbers registered for use with mobile clients you have registered with Fusion Mobile Communications LTD;

7.1.4 operating a call centre;

7.1.5 telemarketing;

7.1.6 resale to others;

7.1.7 auto-dialing or fax/voice blasts; 7.1.8 use without making a live call;

7.1.9 unique numbers called;

7.1.10 different numbers called;

7.1.11 call forwarding/transferring; and

7.1.12 conference calling.

7.2 The examples of behaviour listed in clause 7.1 above are not intended to be exhaustive and we reserve the right to take into account other examples of behaviour that we may determine to be relevant when deciding whether or not your usage constitutes Acceptable Business Use.

7.3 The Service is provided primarily for continuous live dialogue between two individuals. Lack of continuous dialogue activity, excessive conferencing or call forwarding will be considered indicators that use may be inconsistent with normal Acceptable Business Use by other Fusion Mobile Communications LTD customers.

7.4 Some call plans allow for the use of additional devices and clients (such as our softphone client, personal computers, mobile phones, and mobile client phone numbers registered with Fusion Mobile Communications LTD or other Equipment) as part of that call plan. If you subscribe to a call plan which permits use of more than one device or client with the same line, your usage will be aggregated and assessed when evaluating whether your usage is outside of Acceptable Business Use.

7.5 You may only use the Service for lawful and appropriate purposes. You may not use the Service in any way that is unlawful, fraudulent, improper or inappropriate. You may not use any automated means to manipulate the Service or use the Service to violate any law, rule, regulation or any third party’s intellectual property or personal rights.

7.6 We reserve the right to review your account if account usage is outside normal Acceptable Business Use standards, impermissible or detrimental to other customers’ ability to use the Service or adversely affects our operations.

8. Presentation & Network CLI Service Certification.

8.1 Where you have a Presentation and/or Network 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, you must agree to the following statement: “I hereby confirm to Fusion Mobile Communications LTD, and I am duly authorised so to do, that:

(i) the number requested for use as a presentation number (“PN”) is either allocated to the Applicant and the Applicant does not require the permission of anyone else in relation to that number or the requested PN is not allocated to the Applicant but consent from the allocated owner for its use as a PN has been obtained and has not been withdrawn;

(ii) the requested PN is in use;

(iii) the Applicant shall immediately inform its telecommunications service provider if any of the information in this statement ceases to be correct;

(iv) the telecommunications service provider may suspend and/or withdraw use of its Presentation CLI Service if it is subsequently found that the information in this statement was, or has become, inaccurate or if the PN is being misused in any way;

(v) the Applicant understands that the PN must not be a number that connects to a revenue sharing number that generates excessive or unexpected call charges in which case Fusion Mobile Communications LTD may suspend and/or withdraw use of the Presentation CLI Service;

(vi) The Applicant acknowledges that its network service provider may withdraw the service without penalty in the event that a) having made the appropriate configuration change the Applicant fails to make at least one test call within twenty (20) working days and/or b) the Applicant reverses the configuration change.

The Applicant hereby indemnifies Fusion Mobile Communications LTD and any underlying network service provider against any claims by any third party relating to use of the PNs.

The Applicant hereby acknowledges that Fusion Mobile Communications LTD may withdraw this facility at any time for regulatory or legal reasons or if it suspects its misuse or if its use is challenged by any third party.

9. Voicemail & call recording and storage

9.0 In the event Fusion Mobile Communications LTD is providing voicemail recording, call recording, or other such ancillary services, all of the Customer Data, including all recordings, will be deleted on or after the effective date of termination or cancellation. In the event that your account is terminated (whether by you or due to termination of the Service), the Customer Data associated with your account and related ancillary services will be deleted. Each voicemail message recorded by Fusion Mobile Communications LTD shall be retained for a minimum of 30 days from the date the message was recorded except where you delete the recording. Fusion Mobile Communications LTD retains the right to purge all voicemail messages after this minimum retention period.

9.1 There are laws in the United Kingdom governing call recording and call monitoring. You should obtain your own legal advice as to whether you are permitted to record telephone calls, and if so, what notification you are required to include on the call and what consent you must obtain.

Schedule 6 – Schedule of Charges referred to in Terms of Business

 All charges exclude VAT

Engineering Fees:

£59 New analogue line installation
Free New digital line activation
£120 Landline engineering charges for first hour; £60 per hour thereafter £149 Broadband fault engineering charge per visit.

Termination/Disconnection Fees:
All terminations and disconnections CAN ONLY be initiated over the phone with the account holder via our direct line 01202835888. In Contract – these charges depend on the remaining contract duration calculated at your normal monthly tariff. Please call 01202835888. Out of Contract – 30 days’ termination notice over the phone ( via our direct line 01202835888), with the account holder is required and your account must be in good standing with all invoices paid to date. A final full invoice and a pro-rata invoice for the remaining days from the billing date will follow and must be paid in order to close your account.