Business Broadband & Connectivity Terms

1. About these Terms and customer classifications

1.1 These Terms govern business broadband and connectivity services, including standard broadband, full fibre/FTTP, Ethernet, leased-line/dedicated internet, fixed wireless and resilience/failover services supplied by Talk4 Communications Ltd trading as Talk4 Telecoms (“Talk4”, “we”, “us” or “our”) to a customer acting wholly or mainly for purposes relating to its trade, business, craft or profession (“Customer”, “you” or “your”).

1.2 Talk4 is registered in England and Wales under company number 06827172. Registered office: 38 Rothesay Road, Luton, England, LU1 1QZ. Customer support: 03333 445 456; support@talk-4.co.uk; www.talk4.co.uk.

1.3 Talk4 is a reseller/service provider and may use wholesale carriers, mobile network operators, access network operators, cloud/UC providers, infrastructure providers, Openreach or alternative network operators, installers and other subcontractors. Unless the Order expressly states otherwise, the Contract remains between Talk4 and the Customer.

1.4 Ofcom protections vary by business size. In these Terms: “SME Customer” means a business with fewer than 250 employees for the relevant Ofcom transparency rules; “Protected Small Business Customer” means a business with 10 employees or fewer, and includes any other customer category to which equivalent Ofcom protections apply. Talk4 will apply mandatory protections according to the Customer’s actual regulatory status.

1.5 The Customer must provide accurate information reasonably required to establish its regulatory classification. A change in employee numbers does not retrospectively remove rights already accrued under a Contract.

1.6 If documents conflict, mandatory law and Ofcom rules prevail, followed by the Contract Summary (where applicable), Contract Information, Order, Service Schedule/SLA, these Terms and then incorporated policies, unless a document expressly states a different lawful order of precedence.

2. Formation, pre-contract information and authority

2.1 A quotation or proposal is not binding until Talk4 accepts the Order in writing, confirms provisioning, or begins supplying the Service, whichever first forms the Contract under the Order process.

2.2 The person placing or accepting an Order confirms that they are authorised to bind the Customer. Talk4 may request reasonable evidence of authority, identity, trading status, creditworthiness or fraud-prevention information.

2.3 Before a Protected Small Business Customer gives consent, Talk4 will provide the applicable Contract Summary in writing and, before that customer is bound, the detailed Contract Information required by Ofcom, unless that customer has expressly agreed otherwise in a manner permitted by the current Ofcom General Conditions. Talk4 will not treat general acceptance of these Terms as an automatic waiver; any waiver must be separate, express and informed. Talk4 may provide the same information voluntarily to other business customers.

2.4 Where Ofcom requires published standard-contract information for SME Customers, including relevant service levels or service guarantees, Talk4 will make that information available and provide it in a durable medium free of charge when required.

3. Charges, VAT, Minimum Term and fixed-price commitment

3.1 The recurring Charges, usage Charges, one-off Charges, installation/engineering Charges, equipment Charges and Minimum Term are set out in the Order and, where applicable, the Contract Information and Contract Summary. Unless stated otherwise, business Charges are exclusive of VAT.

3.2 For a Talk4 12-month or 24-month contract, the core recurring monthly subscription Charge agreed at the start will not increase during that Minimum Term. Talk4 will not apply a scheduled annual, CPI-linked, RPI-linked, inflation-linked or percentage-based increase to that core monthly subscription Charge during the 12- or 24-month Minimum Term.

3.3 The fixed-price commitment does not freeze charges caused by a Customer-requested service change, optional add-ons, usage outside inclusive allowances, non-included roaming/international/premium usage, excess construction or engineering work, additional licences/seats/lines, or taxes/governmental charges that Talk4 is lawfully permitted or required to pass through.

3.4 If the Order has a different bespoke term, the pricing rules must be expressly set out in that Order. A Protected Small Business Customer will not be bound to a regulated phone or broadband commitment period longer than permitted by Ofcom rules.

3.5 Talk4 will provide at least one 12-month contract option for each regulated service where Ofcom requires this. Availability of a specific tariff remains subject to service/product eligibility.

4. Service scope and technology

4.1 The Order identifies the Site, access technology, bandwidth/speed, bearer if applicable, IP addressing, resilience option, target activation date, SLA and Charges. For fixed broadband, Talk4 will identify the underlying technology where Ofcom requires this.

4.2 Dedicated Ethernet/leased-line services may have committed bandwidth and service levels different from contended broadband. “Up to”, “estimated”, “normally available”, “minimum guaranteed”, “committed” and “bearer” speeds are distinct concepts and will only be used where relevant to the selected product.

5. Site survey, installation, wayleaves and excess construction charges

5.1 Provision is subject to network availability, survey, capacity, civil works, landlord/building consent, wayleave and other permissions. Target installation dates are estimates unless the Order expressly makes a date contractually guaranteed.

5.2 The Customer must provide safe access, suitable power, internal cabling/ducting/rack space and any permissions it controls. Where an underlying provider identifies excess construction, civils or non-standard installation charges, Talk4 will obtain the Customer’s approval before committing chargeable work unless the Order already authorises a stated amount or process.

5.3 Abortive-visit or reappointment Charges may apply where disclosed and where installation cannot proceed because the Customer/site is unavailable, unsafe or not ready.

6. Speeds, bandwidth and service levels

6.1 The Order/Contract Information will state the speed/bandwidth information applicable to the product and any committed rate, minimum guarantee or SLA. Actual performance on contended broadband can be affected by access technology, congestion, internet routing, Customer LAN/Wi-Fi, firewall, applications and remote endpoints.

6.2 For SME Customers, Talk4 will publish and provide the standard-contract service level/service guarantee information required by Ofcom. If Talk4 subscribes to an applicable voluntary business broadband code, any additional rights under that code will be identified separately; these Terms do not claim participation unless current membership is confirmed.

6.3 Wi-Fi performance inside the Site is not the same as access-line performance and is not guaranteed unless the Order includes a managed Wi-Fi performance commitment.

7. Customer premises, equipment and IP addressing

7.1 Equipment may be sold, rented or loaned as stated in the Order. Loaned/rented equipment remains Talk4’s or its supplier’s property and must be returned on termination if requested. Reasonable replacement Charges may apply for unreturned or materially damaged equipment.

7.2 Static IP addresses, subnets and routing are provided only where specified and remain subject to addressing policy and network availability. Unless expressly agreed, IP addresses are not portable between providers or services.

8. Resilience, failover and customer dependencies

8.1 A single connectivity circuit is not inherently resilient. If continuity is critical, the Customer should order appropriate diverse routing, secondary circuits, mobile failover, power resilience or other business-continuity measures.

8.2 Failover performance depends on the design and may use a different network, bandwidth, addressing method or usage allowance. The exact failover trigger and limits are stated in the Order/SLA.

9. Faults, maintenance and service credits

9.1 The Customer must report faults promptly and cooperate with diagnostics, including reasonable testing of Customer equipment and access for engineers. Talk4 will manage faults in accordance with the applicable SLA.

9.2 Planned maintenance may be carried out by Talk4 or an underlying provider. Reasonable notice will be given for material planned interruptions where practicable; emergency maintenance may occur without advance notice.

9.3 Service credits are available only where specified in the SLA or required by law/regulation. Unless the SLA states otherwise, a service credit is not an admission of liability and does not prevent a claim for a liability that cannot lawfully be limited.

10. Billing and payment

10.1 Recurring Charges may be invoiced monthly, quarterly or annually in advance as stated in the Order. Usage and variable Charges may be billed in arrears. The Customer must pay invoices by the due date and using the agreed payment method.

10.2 The Customer must raise any genuine invoice dispute promptly and provide reasonable details. Undisputed sums remain payable when due. Talk4 will maintain billing accuracy and provide adequate, up-to-date billing information as required by applicable Ofcom rules.

10.3 For overdue business debts, Talk4 may claim statutory interest, fixed compensation and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable, or another lawful remedy stated in the Order. Talk4 will not recover the same loss twice.

10.4 Talk4 may require a reasonable deposit, credit limit, advance payment or other security following a credit assessment or material deterioration in credit risk. Any restriction or suspension for non-payment will be proportionate and subject to applicable Ofcom requirements.

11. Moves, upgrades and cease/reprovide

11.1 A Site move or major upgrade is subject to availability and may require a new installation, new Order, new Minimum Term and different Charges. Ceasing one location does not automatically cancel Services at other Sites.

12. Switching and continuity

12.1 Talk4 will comply with applicable Ofcom switching rules, including relevant requirements on customer consent, information, continuity, completion timing and compensation. One Touch Switch or another regulated process will be used where it applies to the specific business service.

12.2 Where technically feasible, Talk4 will continue a losing-provider service on the applicable terms until the switch completes where Ofcom requires this. The Customer must not cancel a service directly if doing so would disrupt a gaining-provider switching process unless instructed to do so.

13. Changes to the Contract

13.1 Talk4 may make a Contract change where reasonably necessary for legal, regulatory, security, technical or operational reasons, or where a change is exclusively to the Customer’s benefit or has no negative effect on the Customer.

13.2 Where Talk4 proposes a change that is not to the Customer’s benefit and Ofcom rules require it, Talk4 will give at least one month’s notice and explain the Customer’s right to terminate the affected Service without an Early Termination Charge before the change takes effect.

13.3 This clause does not permit Talk4 to override the fixed core monthly subscription Charge promised for a 12- or 24-month Minimum Term.

14. Suspension and acceptable use

14.1 Talk4 may suspend all or part of a Service where reasonably necessary because of material non-payment, fraud, unlawful use, serious or persistent breach, a security or network-integrity risk, emergency maintenance, a direction from a competent authority, or an underlying network restriction outside Talk4’s reasonable control.

14.2 Where reasonably practicable, Talk4 will give advance notice and an opportunity to remedy the issue. Immediate action may be taken where delay would create material security, fraud, legal or network risk.

14.3 The Customer and its users must comply with the Talk4 Acceptable Use Policy and applicable law. The Customer remains responsible for authorised users, account credentials and reasonable security of its own systems and devices.

15. Liability

15.1 Nothing in the Contract excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of any liability that cannot lawfully be excluded or limited, or any other liability to the extent exclusion is prohibited by law.

15.2 Subject to clause 15.1 and to the reasonableness requirements of the Unfair Contract Terms Act 1977, neither party is liable for indirect or consequential loss. Talk4 is not liable for loss of profit, revenue, anticipated savings, business opportunity, goodwill or data, except to the extent an applicable SLA expressly provides a service credit or other remedy.

15.3 Subject to clause 15.1, Talk4’s aggregate liability arising from an affected Service in any 12-month period will not exceed 100% of the Charges paid or payable for that affected Service in that period, unless the Order/SLA expressly states another liability cap. This cap does not reduce a mandatory regulatory compensation entitlement.

15.4 The Customer acknowledges that internet, mobile and cloud communications services are not inherently fault-free and will maintain appropriate business continuity, backup, cybersecurity, alternative contact and disaster-recovery arrangements according to its risk profile.

16. Minimum Term, termination and Early Termination Charges

16.1 The Minimum Term begins on the Connection Date or other date stated in the Order. After the Minimum Term, the Service continues on the basis stated in the Order until terminated or switched.

16.2 A Protected Small Business Customer will not be automatically renewed into a further commitment period where Ofcom requires fresh consent. Talk4 will send end-of-contract and annual best-tariff information where required by Ofcom rules.

16.3 The Customer may terminate in accordance with the notice/switching process stated in the Order. Termination procedures will not be designed to create an unreasonable disincentive to switch.

16.4 If the Customer terminates during the Minimum Term without a statutory, regulatory or contractual right to leave without charge, an Early Termination Charge may apply. The amount or calculation method will be stated or made calculable in the Order/Contract Information and will comply with applicable law and Ofcom requirements.

16.5 Talk4 may terminate or suspend for a material breach that is incapable of remedy, or a remediable material breach not corrected within a reasonable period after notice, persistent material non-payment, insolvency subject to applicable insolvency law, illegality, or permanent withdrawal of an essential underlying service where no reasonable replacement is available.

17. Data protection, confidentiality and records

17.1 Each party will comply with applicable UK data protection law. Talk4 processes personal data in accordance with its Privacy Notice. If Talk4 processes personal data solely as processor on the Customer’s behalf, the parties will put in place any data-processing terms required by law.

17.2 Each party will keep the other’s confidential information confidential, use it only for the Contract and disclose it only to personnel/advisers/subcontractors who need it and are subject to appropriate duties, or where disclosure is required by law.

17.3 Talk4 may retain order, billing, provisioning, support, network and consent records for legal, regulatory, fraud prevention, dispute resolution and service-management purposes in accordance with its retention policies and applicable law.

18. Complaints and Alternative Dispute Resolution

18.1 Complaints are handled under the Talk4 Customer Complaints Code. Contact customer support on 03333 445 456 or support@talk-4.co.uk, or use the current complaints routes published by Talk4.

18.2 Residential customers, businesses with up to 10 employees and qualifying not-for-profit organisations may be entitled to use Talk4’s Ofcom-approved ADR scheme free of charge after the applicable regulatory period, currently six weeks from the formal complaint, or earlier following deadlock. The current ADR provider and referral details must be stated in the Complaints Code.

19. General

19.1 Talk4 may subcontract performance. The Customer may not assign the Contract without Talk4’s prior written consent, not to be unreasonably withheld where appropriate. Talk4 may transfer the Contract as part of a bona fide business transfer or restructuring, subject to mandatory customer rights.

19.2 Neither party is liable for delay caused by events outside its reasonable control, except for accrued payment obligations. The affected party must take reasonable steps to mitigate the effect.

19.3 If any provision is invalid or unenforceable, the remainder continues. Failure or delay in exercising a right is not a waiver. Except where expressly stated, no third party has rights under the Contracts (Rights of Third Parties) Act 1999.

19.4 The Contract is governed by the laws of England and Wales and, subject to any mandatory rights available to a Protected Small Business Customer, the courts of England and Wales have exclusive jurisdiction.