AOL Talk Agreement

1 Introduction

1.1 These AOL Talk Terms and Conditions (the "Agreement") describe your rights and responsibilities as a subscriber to the AOL Talk carrier pre-select telephone service (the "Service") and those of AOL Europe Services Sàrl ("AOL", "we" or "us") as the provider of that service. Subscription to the Service means that AOL (and our partners) will carry calls made on your BT telephone line without you having to dial a routing prefix or use any additional equipment. This Agreement is in addition to your AOL Member Agreement (the "Member Agreement" or the “AOL Conditions of Service”) and any other agreement you have or may enter into with us for other services.
1.2 You must be:
(a) 18 years old, or over; (b) a UK resident; (c) the person renting the BT telephone line with the number specified in your application for the Service (the "Phone Line") (or properly authorised by such person to use the Service on that Phone Line); and (d) the holder of an AOL Internet account ("AOL Account") that is not in arrears, and the current AOL Master Account Holder for that AOL Account. You must continue to hold your AOL Account in order to receive the Service.
1.3 The Service does not include line rental, or the provision to you of any, equipment, maintenance or other special services such as call waiting, and you will still have to pay the relevant provider (whether BT or otherwise) for such services supplied in relation to the Phone Line. See examples of other services not provided by us as part of the Service. BT remains responsible for connection and maintenance of the Phone Line.
1.4 The Service is only available for Phone Lines located in the UK, excluding the Isle of Man and the Channel Islands.

2 Your Personal Information

2.1 Your personal information is confidential. As an AOL Member, you consent to AOL processing your personal information to provide the Service under the
AOL Member Agreement and as set out in the privacy policy.
2.2 As an AOL Member you may specify how your personal data may be used for marketing purposes at any time by changing your Marketing Preferences. In addition, in order to continue to offer you the most favourable price plan or tariffs, we may, from time to time, analyse how you use the Service, and provide you with information about special offers or alternative price plans for the Service based on the results of such analysis. If you do not want us to do this, please change your Marketing Preferences.
2.3 Where necessary to provide you with the Service, AOL may pass on your personal information to third parties, such as British Telecom ("BT") and other data processors acting on behalf of AOL.
2.4 You must ensure that any information you provide to us (whether personal or otherwise) is truthful and accurate, as we rely on this information to provision and supply you with the Service.
2.5 In assessing your application and to prevent fraud, AOL may search the files of credit reference agencies (who will record any credit searches on your file) and fraud prevention agencies. We may also disclose details of how you conduct your accounts with AOL to such agencies. The information will be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated, for fraud prevention, money laundering prevention and for tracing debtors. We may ask such agencies to provide a credit scoring computation. Credit scoring uses a number of factors to work out risks involved in any application. Where automatic credit scoring computations are used, acceptance or rejection of your application will not depend only on the results of the credit scoring process.

3 Technical requirements

3.1 We may be unable to provide the Service to you if the Phone Line cannot be activated or because of any other technical limitations (for example if outgoing calls are barred, or you are on certain price plans such as the BT Light User Scheme). This may happen even after you have received confirmation that the Service has been activated. If this happens, we shall notify you as soon as is reasonably possible, and, if applicable, refund charges in accordance with clause 11.2(c) below. This Agreement will terminate from the date of such notice with no further liability.
3.2 You are responsible for:
(a) obtaining all necessary consents you may need from third parties (e.g. your landlord or the person who rents the Phone Line) before you order the Service; (b) testing any alarm system which is connected to the Phone Line, confirming with your alarm system provider that the installation and use of the Service is compatible with the correct functioning of that alarm system, and notifying any problems with the alarm system to BT or the alarm system provider as appropriate;; (c) ensuring that any services linked to the Phone Line are compatible with the Service and, if not, for having such services removed or amended to ensure compatibility; and (d) ensuring that any equipment connected to or used with the Service is connected and used in accordance with any applicable instructions, regulations, security or safety procedures.

4 Ordering and Installing the Service

4.1 Following your order, we will check whether the Phone Line is technically suitable for the Service. We will then instruct BT to activate the Service on the Phone Line, and we will notify you:
(a) by e-mail (to your main AOL Master Screen name), and by post (to the address you provided in your application for the Service) to confirm that your order for the Service is being processed, with a date for when we estimate the Service will be activated; and (b) by e-mail (to your main AOL Master Screen name) when we have been notified by BT that activation has been completed.
4.2 We will provide you with a written copy of this Agreement when we send you the postal notification referred to at 4.1(a) above.
4.3 You may contact us to find out the status of your order for the Service using the contact details.

5 Information about the Service

5.1 If you need help or further information about the Service. You may also contact Member Services to speak to an agent directly by calling 0870 320 2020. Find out about other ways to contact AOL.

6 Charges and Payment

6.1 You will be charged for the Service in accordance with the charges for your chosen price plan. Charges for the Service will be debited on the billing date for your AOL Account (the "Billing Date").
6.2 You must pay: (a) any charges arising under this Agreement on your Billing Date or on such later dates as may be specified by AOL; and (b) using the payment method you provided us to pay for your AOL Account, unless otherwise specifically agreed with us.
6.3 You authorise AOL to debit the payment method for your AOL Account for charges incurred using the Service on your Billing Date. Where you use a third party’s payment method, you confirm that you have permission to do so, but you will remain liable for all charges incurred through the Service on the Phone Line.
6.4 You agree that:
(a) any use of the Service to make calls using the Phone Line is with your permission; and (b) you will be charged, and you remain responsible for payment of any charges arising from use of the Service prior to its removal from the Phone Line on termination of this Agreement.
6.5 Depending on the price plan you have chosen for AOL Talk, you may be charged:
(a) a fixed monthly subscription charge (the "Subscription Charge"). The Subscription Charge will be charged monthly in advance, and a pro-rata sum will be charged in arrears on your first Billing Date to cover the period from the activation of the Service to that date; and/or (b) a variable monthly charge for the telephone calls you make using the Service (the "Call Charges"). The Call Charges will be charged monthly in arrears, and Call Charges are calculated in accordance with your price plan.
6.6 You may view Call Charges and Subscription Charges accrued on the
Phone Line online. This information will be available to all of the screen names on your AOL Account with master account status. Our systems may take a couple of days to update, so calls made close to your Billing Date may be not be charged to you until your next Billing Date. You are responsible for regularly checking accrued charges. If you have any questions please contact us using the details provided in clause 16.
6.7 AOL reserves the right to vary charges applicable to your price plan at any time. If such variation results in an increase (rather than a decrease) in charges, AOL will notify you as follows:
(a) in the case of an increase in Call Charges, by posting the changes or by sending an e-mail to your main AOL Master Screen name at least 21 days before such change takes effect; and/or (b) in the case of an increase in any Subscription Charge you may be paying, by posting the changes or by sending an e-mail to your main AOL Master Screen name at least 30 days before such change takes effect.
6.8 If you do not agree with any changes made under clause 6.7 above, you may terminate your Agreement with AOL for the Service by giving us notice in accordance with clause 10.2 of this Agreement. Continued use of the Service following implementation of the new charges shall constitute your acceptance of all such changes.
6.9 Following notification of termination or suspension of the Service, however this arises, you will be responsible for payment of all Subscription Charges and Call Charges which accrue until the Service is removed from the Phone Line. We will contact you by post (to the address you provided in your application for the Service) and by e-mail (to your main AOL Master Screen name) to confirm the expected date of removal of the Service from the Phone Line, and we will confirm by e-mail when this removal has taken effect. This date is approximate, and the date of final removal will depend on the provider to whom you are moving.
6.10 If you do not pay charges falling due under this Agreement on time, AOL may at its discretion suspend or restrict your use of the Service.
6.11 All charges payable by you under this Agreement are subject to any applicable tax or duty, including Value Added Tax where applicable.
6.12 At any time we may vary billing frequency or request payment from you (including interim payments and/or payment of a security deposit) in respect of Call Charges and/or Subscription Charges for the Service. We may also suspend or restrict your use of the Service if you fail to make payment following a demand by AOL for such charges.
6.13 We reserve the right to impose a credit limit on your use of the Service, and if you subsequently exceed any credit limit imposed, AOL may demand immediate payment of any or all outstanding sums on your account for the Service, and may also suspend or restrict your use of the Service pending receipt of such payment.
6.14 If you fail to pay the sums due to AOL on your Billing Date, you will pay all outstanding charges on demand. Failure to comply may result in elements of the Service being restricted or suspended, and/or this Agreement (and the Service) being terminated, and AOL may take appropriate action to recover such monies. If this Agreement is cancelled or terminated, you must pay immediately any outstanding charges on your AOL Account. AOL may charge interest, calculated daily, equal to the then-current annual base lending rate of NatWest Bank plus 2%, on all outstanding charges.
6.15 If you have a query about charges, please contact us using the contact details specified in clause 16.
6.16 You may have existing contracts for call services with your old service provider which may contain minimum periods of notice to cancel your old services. You are responsible for checking any such contracts and for paying for any on going charges or charges that arise as a result of termination of such contracts to your old service provider. These charges are in addition to our Subscription Charge and Call Charges.

7 Moving House

7.1 If you move house you must contact us with your updated address details, and the new Phone Line on which you want the Service to be activated (if this has changed). Failure to do so may result in a restriction or suspension of the Service.

8 Your use of the Service

8.1 You shall only use the Service in accordance with this Agreement and our reasonable instructions which may be notified to you from time to time. You agree that the Service is designed and intended for residential customers and use only, and not for business or commercial purposes. Any such use is therefore at your own risk. You must not resell or otherwise exploit the Service for commercial purposes without AOL’s prior agreement in writing.
8.2 We may terminate, restrict or suspend the Service:
(a) where we reasonably believe it is being used for non-residential purposes or otherwise contrary to this Agreement; (b) where we reasonably believe that there has been fraudulent activity (for example, where our systems detect that an outgoing telephone call has lasted more than 8 hours).
8.3 You shall not use, nor allow any other(s) to use, the Service:
(a) in a way that is in breach of this Agreement or the AOL Privacy Policy; (b) for any fraudulent, improper or unlawful purpose; (c) to send a communication which is, or is intended to be, a hoax call or which is spiteful, indecent, defamatory, offensive, abusive, obscene or menacing; (d) to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person; and (e) in any way that may damage or affect the operation or quality of the Service.
8.4 In order to protect you from fraud, we reserve the right to block access to specific number ranges if we suspect, or have reason to believe that such number ranges are being used for fraudulent activity.

9 Service Suspension or Unavailability

9.1 We may suspend the Service from time to time for operational reasons (such as fault repair, system maintenance or upgrade), because of an emergency, or because we are required to do so by the government, the emergency or security services or any other competent authority. This will not affect your ability to use any services provided to you by BT.

10 Your rights to terminate this Agreement

10.1 During a "cooling off" period
(a) Once you have ordered the Service, you can cancel your order at any time up to 8pm on the seventh working day after the day you placed your order for the Service (the "Cooling Off Period"), unless we activate the Service before this, as described in clause 10.1(b) below. To do this, please call Member Services on 0870 320 2020. If you have special requirements, find out about Accessibility Help for alternative methods of contacting us. If you consider you have been incorrectly charged following cancellation, please contact us for assistance using the contact details set out in clause 16. (b) We will try to activate the Service as quickly as possible, and this may mean that the Service is activated during the Cooling Off Period. If this occurs, you agree that the Cooling Off Period will end from the time when activation is achieved (which will be notified to you under clause 4.1(b) of this Agreement), and you will be responsible for payment of both accrued Subscription Charges and Call Charges for calls made using the Service from activation until the Service is removed from the Phone Line.
10.2 After the Cooling Off Period has ended
Following the end of the Cooling Off Period, whether this is by expiration of the period set out in 10.1(a) above, or activation of the Service as set out in 10.1(b) above, you may terminate the Service, by calling Member Services on 0870 320 2020, or by e-mail sent from your AOL Master Screen name to CancelUK@aol.com. You will need to provide your full name; your AOL Master Screen name; the last four digits of the current payment method for your AOL Account; the answer to the Account Security Question if one has been created, and your day and evening contact numbers in order for us to be able to process your request. Alternatively, you may notify us in writing at AOL Cancellations Department, Network House, IDA Industrial Park, Cork Road, Waterford, Ireland. Please remember to include the above details and your day and evening telephone number so that we may respond to you. Please see clause 12.1 for further details of what happens when this Agreement is terminated.

11. AOL’s rights to terminate this Agreement

11.1 During the Cooling Off Period
We may terminate this Agreement at any time during the Cooling Off Period, unless the Service has been activated during the Cooling Off Period, and you will be notified via email or post, or telephone if we exercise this right. If we do this, then your order will be cancelled and your telephone service will continue as before.
11.2 After the Cooling Off Period has ended
(a) AOL may suspend, limit or (in any instance AOL reasonably considers sufficiently serious) terminate the Service in the following circumstances: (i) if the Phone Line is disconnected or suspended by BT. AOL will not refund any charges you have paid for any period that you are unable to use the Service as a result of the Phone Line being so affected; (ii) if your agreement with us for the AOL Internet service is terminated. We will notify you by post of such termination of the Service; (iii) if we have been notified by BT that the Service to the Phone Line will be ceased, for example if you are moving house, or BT have been notified that you do not wish to continue with the Service; (iv) if you fail to pay any sums due to AOL on time or in accordance with this Agreement, or the Member Agreement as applicable; or (v) if you are in material breach of any of your core obligations set out in this Agreement (including those governing your use of the Service) or those set out in the AOL Member Agreement.
Suspension or restriction of the Service will not affect your ability to make emergency (999) calls, to use any other services provided to you by BT, or to contact AOL Member Services for assistance using the contact details.
(b) AOL may terminate this Agreement immediately if you are subject to insolvency or bankruptcy proceedings, or if AOL is unable to provide the Service to you due to clause 15.6.
(c) AOL may terminate this Agreement at any time by the provision of no less than thirty days notice to you. Here, you will not be entitled to any refund of charges or other compensation, except that you will be entitled to a refund of charges you have paid in advance relating to the period between (i) the date the cancellation takes effect, and (ii) your next applicable Billing Date, unless we cancel your Service as a result of (A) your breach of this Agreement; and/or (B) termination of your AOL Account as a result of your breach of the AOL Member Agreement (or any other agreements or policies that apply to your AOL Account).

12. What happens when this Agreement is terminated

12.1 Following the provision by us, or our receipt from you, of notice to terminate this Agreement:
(a) it takes approximately 15 working days from receipt of your notice for the Service to be removed from the Phone Line and the termination to become effective. This time period is dependent on the alternate service provider you select. You will be contacted by post and e-mail to confirm the expected date of removal of the Service from the Phone Line, and we will confirm by e-mail when this has taken effect; (b) you are responsible for payment of all Subscription Charges and Call Charges (as are applicable to your chosen price plan) which accrue until the Service is removed from the Phone Line; (c) any usage of the Phone Line made after the Service has been removed will be charged by the new telephony provider. You remain responsible for payment of all such charges; and (d) unless you tell us otherwise, as provided under the AOL Member Agreement, your AOL Account will continue on your existing AOL Internet service price plan.

13 Complaints

If you have a complaint regarding the Service you may contact Member Services. Further details of our complaints process are set out in our Code of Practice.

14 Our Liability to You

14.1 The Service is provided “as is” and “as available” without warranties of any kind, except that AOL will use reasonable skill and care to provide the Service. However, AOL depends on third parties over which it may have little or no control for the delivery of the Service (for example, BT, and other telecommunications providers to deliver calls to and from the Phone Line). Accordingly, your use of the Service, is at your, and others who use the Service’s sole risk. Apart from the terms set out above, no conditions, warranties or other terms apply to the Service. In particular, no implied conditions, warranties or other terms will apply to anything supplied under this Agreement. Also, it is not a term of this agreement that the Service will be free from faults or interruptions where this is caused by circumstances or parties beyond AOL’s control.
14.2 Neither party shall be liable for:
(a) any loss not reasonably foreseeable by such party when this Agreement commences; (b) any loss of data, profit, revenue, anticipated savings, business, or wasted expenditure, howsoever caused, arising from your use (or non use) of the Service; and/or (c) any indirect or consequential loss or damage, however it is caused, and regardless of whether it is the result of our negligence, our breach of this Agreement or any other cause, even if that loss or damage was foreseeable by, or the possibility of it was brought our attention.
14.3 AOL does not endorse, warrant or guarantee any product or service offered through the Service by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party.
14.4 Without limiting clause 14.2 above, (and except for AOL's liability for death or personal injury caused by its negligence, or for AOL’s fraudulent misrepresentation, or under Part 1 of the Consumer Protection Act 1987, for which AOL's liability shall be unlimited), the liability of AOL under or in connection with this Agreement (whether arising in breach of contract, tort, negligence or otherwise) will not under any circumstances exceed the greater of (a) 125% of the charges paid or payable to AOL by you for the Service during the twelve-month period preceding the time liability arises, or (b) £5,000, regardless of the cause or form of action. Your statutory rights are unaffected.
14.5 Under no circumstances shall AOL be responsible for any loss resulting from problems with any alarm system, or for any loss or damage suffered as a result of its faulty operation or inoperability caused by use of (or inability to use) the Service by any person including through suspension or termination of the Service in accordance with this Agreement.

15 Other Terms

15.1 This Agreement is governed by, and shall be construed in accordance with the laws of England and Wales.
15.2 Notice to You: Under this Agreement, we may be required to give you notice about important matters from time to time. Such notice may be given to you, amongst other methods, by email to the AOL Master Screen name of your AOL Account, by telephone, or by letter to the address you provided when applying for the Service.
15.3 Notice to Us: You may give notice to AOL by contacting Member Services by telephone on the numbers provided to you from time to time, or in writing (email or post) to the addresses set out at AOL Keyword: AOL Talk FAQ’s.
15.4 Effective Dates of Notices: E-mailed notices will be effective one day after the date of its delivery. A postal notice to you or us will be effective two working days after dispatch by first class post. Notices must be given by you or AOL by the method specified in the relevant provision of this Agreement.
15.5 Assignment: AOL reserves the right to assign or subcontract any of its rights or obligations under this Agreement. You may not without the written consent of AOL assign or dispose of this Agreement.
15.6 Matters Beyond Our Reasonable Control: AOL shall not be liable for any failure or delay in performance of its obligations under this Agreement, caused by matters beyond its reasonable control (including acts and omissions of BT and other technology and telecommunications service providers).
15.7 No Waiver: If you or we fail to exercise any right or remedy under this Agreement, that failure will not operate as a waiver of that right or remedy, or prevent it from being exercised subsequently unless expressly stated otherwise in this Agreement.
15.8 Third Party Rights: Other than AOL and any other affiliate or subsidiary of AOL, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15.9 Amendments to this Agreement: We reserve the right to change this Agreement from time to time, and if we do so we will post the new version on the AOL Internet service. The new version will take effect: (a) commencing four weeks after the date of posting (or such later date as AOL indicates in the relevant posting), if any of the changes made are to an operative provision of this Agreement which is capable of adversely affecting you. If changes of this kind are made, we will also notify you of the new Agreement by email or post. If you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when it is to take effect, and from that date you must cease to use the Service. If you continue to use the Service after such changes have taken effect then you will be deemed to have accepted such changes; or (b) immediately upon the date of posting (or such later date as AOL indicates in the relevant posting), if the changes are not to operative provisions, or are not capable of adversely affecting you.
15.10 Saving this Agreement: we do not individually file each Agreement entered into by our members. You can access the Agreement at any time online, or you can print or download a copy to save on your own computer.

16. Contact Details

(a) General Enquiries: If you have questions about the Agreement, or about your rights and responsibilities as an AOL member, please contact us by email at COSMonitor@aol.com. (b) Personal Data Enquiries: Inspect, change or correct your identity and contact information. To find out how you can inspect or correct other personal data please contact Member Services on the number provided. If you have other questions about the handling or protection of your personal data, all written enquiries should be addressed to Data Protection, AOL Member Services, AOL Europe Operations Ltd, IDA Business Park, Cork Road, Waterford, Ireland or Data Protection, AOL Europe Services Sàrl, 65, bd Grande-Duchesse Charlotte, L-1331 Luxembourg, or via email at DataInfoUK@aol.com. (c) Customer Service: contact Member Services on 0870 320 2020, get Live Help, or by letter to AOL Europe Operations Ltd, IDA Business Park, Cork Road, Waterford marked for the attention of AOL Talk Member Services. For enquiries relating to cancelling the Service, contact Member Services by telephone, or by using the other methods.
The Service is provided to you by AOL Europe Services Sàrl, registered in Luxembourg under number B72728, with a corporate address at AOL Europe Services Sàrl, 65, bd Grande-Duchesse Charlotte, L-1331 Luxembourg, with VAT registration number LU 19453873. Please use the dedicated contact details specified above to ensure prompt processing of your requests.

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