Terms and conditions
Important information:
The terms and conditions of each service are made up of this important information and the following terms (including any other document we refer to in those terms).
| The Residential Standard Terms | ||
| The relevant Service Terms, including | ||
| Telephony | ||
| Broadband / Fibre | ||
| Value Added Services | ||
| The Special Offer Terms if applicable | ||
| The Tariff Guide | ||
| The Wiser Privacy Policy | ||
| Paper-free Terms and Conditions |
Residential Standard Terms
1. We provide you with your chosen services, including Telephony, Broadband, Wiser Fibre, and any other consumer services and any equipment we provide.
2. You have a separate agreement for each service that we provide to you, which is made up of these Residential Standard Terms, the relevant service terms (telephony, broadband, Wiser Fibre, value added services) the Tariff Guide and any applicable Special Offer Terms.
3. The services and equipment we provide to you under these terms must not be used for business purposes.
Providing the service (access/permits)
4. You agree to follow any reasonable instructions that we may give you, and to allow us access to your premises if we need it.
5. You also agree to try to get any permission needed from someone else if we have to cross their land or put our equipment on their premises.
6. You agree to look after any of our equipment. If you do not do so and the equipment is damaged other than through fair wear and tear, you will, have to pay for it to be repaired or replaced. If the equipment includes batteries you agree that you are responsible for ensuring these are recharged or replaced as required.
Where we provide your communications services
7. We will deliver any equipment to the UK address you give us. We will provide the service in the UK unless the service terms say otherwise.
When we provide your communications services
8. Your agreement with us starts on the date we accept your order for the service. The minimum period starts from the date we start to provide you with the service as set out in the relevant service terms and the MPSA (if applicable).
9. If the service is intended to last for a minimum period, details will be set out in the Special Offer terms or the Tariff Guide.
Cancellation
10. You may cancel your agreement for the service before the service start date set out in the service terms. If you do so we will not charge you for the service.
11. You may cancel your order for any equipment we have provided to allow you to use the service or for any other equipment you have requested, up to 10 calendar days after we deliver it. If you cancel any order for equipment within this period, you must return it (undamaged and in its original packaging), following our instructions. We will refund anything you have already paid for the equipment. If we have to collect the equipment we will charge you our reasonable costs for doing so. These rights are in addition to any other statutory right you may have to cancel your agreement.
Returning equipment
12. You must return any item of equipment that either:
a. you report to us as faulty; or
b. we tell you is faulty or requires replacement for technical reasons.
We may replace such equipment before you return it to us, but you must still return the item. We will provide a returns bag so that the item can be returned at no cost to you. We may test any item reported as faulty by you, and if it is found to be working, we may choose to either return or replace it (if we have not already replaced the item) and charge you our costs for testing and postage of the item.
If within 30 days of us replacing equipment that either you report to us as faulty or we ask you to return, you have not returned that equipment, we may either interrupt or restrict access to any service that you take from us until the relevant item is returned, or seek to recover our costs in respect of that item from you via your bill. This does not affect your statutory rights relating to equipment which is faulty or wrongly described.
Your use of your communications service
13. You may only use the service for your own personal use and enjoyment. You must always follow our acceptable use policies in the way that you use your chosen services which can be found on www.wisertel.com/acceptableuse. You must not use the service or allow the service to be used to make offensive, indecent, menacing, nuisance or hoax calls or to cause annoyance, inconvenience or needless anxiety.
14. You agree that any content, software or other copyright material we supply to you is for your own private use, and that you must not copy, change or publish the material or supply it to any other person or use it for any business purpose.
15. If we provide you with a phone number, you agree to the following:
a. That the number must not be advertised in or on a public phone box. If this happens, we may suspend or end your agreement for the service. However, we will write to you before we take this action.
b. That you do not own the phone number and that you will not transfer it to anyone else or try to do so.
16. If you want to connect equipment to our network other than by using a BT Openreach main phone socket, you must get our permission. You agree not to connect equipment to our network:
a. that does not bear the European Consumer Equipment Standards 'CE' mark; or
b. that may harm the network or other customers' equipment.
If you do, you must disconnect it immediately.
17. If you have an internet access service from us, you accept that you are using the internet at your own risk. You are responsible for making sure any equipment you use to access the service is protected against viruses.
18. If your service includes elements provided by partners of Wiser Telecoms you will need to agree to any additional terms of service you are presented with when you access that service. However, Wiser Telecoms remains responsible for providing your service and handling your personal data.
19. You are responsible for properly using any user IDs, personal identification numbers (PINs) and passwords needed for the service, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to unauthorised people.
20. Sometimes, when using your internet service, you may receive an 'error message'. For example, this can happen if you incorrectly type an address into the browser address bar or try to use a hyperlink or URL that is broken. In those types of circumstances, we may return results which we think are relevant or helpful to find what you are looking for. We will assume we have your permission to do this, unless you ask us not to. We will give you the opportunity to opt out of this facility on the first occasion that it applies to your use of your internet service.
Ending the service
21. Once we have provided the service, you may tell us to stop providing it at any time by giving us 30 days' notice. We will accept notice via a range of methods including phone, e-mail, online chat and in writing. You can contact us to give notice using any of the contact details set out on your last Wiser bill or any other means of contact we have given you, for that purpose. If you are switching to another provider through an approved process, the notice you must give us will be 14 days. We can stop providing the service to you by giving you 28 days' written notice.
22. If within any relevant minimum period you choose to end the service or you cancel your direct debit without contacting us to arrange payment by alternative means in which case we will assume you want to end the service, we may end your agreement for the service. If we do this within the minimum period of your agreement you will have to pay the termination charges set out for each of the services in the relevant service terms by way of compensation to us for ending your service early. You can find details of these charges in the Tariff Guide and on www.wisertel.com/termcharges.
23. If you or we end the agreement for the service, we will pay back to you any money we owe you relating to that agreement. We will first take off any money you owe us under that agreement or any other agreement between us. Where we provide you with a range of communications services and you owe us money for one service we reserve the right to charge you for that service via the bills we send you for your other services, unless there is a genuine dispute between us regarding one of your services.
Moving home
24. If you move home within the UK, and let us know at least fourteen days before you do so we will continue to provide your communications service by whatever technology is available at your new address in line with our home mover page and the terms set out in the relevant service terms. Paying for the service
25. You agree to pay all charges for the equipment and the service, including any additional charges detailed in these terms, the Tariff Guide or the Price List, whether you use the service or someone else does. The method of payment will be either as set out in the service terms or as we otherwise agree with you.
26. In addition, if you take Wiser Telephony Services, Wiser Broadband, Wiser Fibre or TV from us, or any combination of these services under the Multi Play Service Agreement, and you choose not to pay by Direct Debit, you must pay a payment processing fee of £2.50 per month or £6.00 per quarter to Wiser Telecoms Limited.
27. We will normally bill you upfront (in advance) for any rental charges for the service. We will bill you later for any usage charges for your communications services. If possible, charges will appear on your next bill, but sometimes charges may appear on a later bill.
28. Your first bill will be produced shortly after we have provided the service to you for the first time. After that, bills will be produced at regular intervals. However, we may sometimes produce a bill at a different time, for example if the amount of money you owe us is considerably higher than expected. We deliver bills to you either by post or by making the bill available to view online. Some services require that your bills are delivered in a particular way. We will tell you if this is the case. If you receive a paper bill, it will be posted to the address where the service is provided unless otherwise agreed by us. Online bills are available for you to view at www.wisertel.com/youraccount.
29. If you take broadband service from Wiser and receive a paper bill, you must pay a Paper Bill Fee of £1.50 for the regular monthly or quarterly bills that we post to you. This fee covers the additional production and postage costs associated with this type of bill. You can avoid paying this fee by opting to have your bills delivered online.
30. You will not have to pay a Paper Bill Fee if you are a Wiser Basic customer or you have Network Controlled Calling on your telephone line. We will not charge a Paper Bill Fee for any bill that includes a Payment Processing Fee. The Paper Bill Fee will not apply to reminders or initial, final, supplemental and interim bills. If we have agreed to send you a bill in an alternative format, e.g. braille or large print, or if you require a bill that serves as a VAT invoice for reclaim purposes, the Paper Bill Fee will not be charged. If we post multiple regular bills to you, e.g. because a service you take from Wiser is billed separately from your other services, you will only need to pay the Paper Bill Fee for the bill that includes your telephone and/or broadband charges.
31. You agree to pay the charges as soon as you receive your bill unless otherwise agreed by us. You may also need to pay a deposit or a payment upfront before you can receive the service or goods. If you think that the charges on your bill are incorrect and wish to dispute those charges, you must tell us straight away. You must pay any charges that are not disputed. We will not suspend or end a service while we investigate any dispute.
32. If you do not pay your bill, we will send you a reminder or call you. If we do not receive payment within 10 calendar days of the date of that reminder (seven days if you pay monthly), we may add a late payment charge of £7.50 to your next bill by way of compensation to us for breaking the terms of this agreement. We may also charge you £10 by way of compensation to us for any direct debit or cheque payments which are returned to us because you do not have enough funds in your account. The charges set out in this paragraph are not subject to VAT.
33. We will generally not suspend or end the service or the agreement for non-payment of your bill until 28 days after your payment was due (21 days if you pay monthly). If however you have failed to pay on time a recent bill or have failed to pay a bill on many occasions we may end the service earlier than 28 days (or 21 days if you pay monthly).
34. If you do not pay your bill, we may ask a debt-collection agency to collect the payment on our behalf. If we do, you will have to pay us an extra amount by way of compensation to us for breaking the terms of this agreement. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us). Any extra amount added to your bill will not be subject to VAT. This paragraph applies even if your agreement with us has ended or 21 days if you pay monthly.
35. By agreeing to take service from Wiser Telecoms Limited you also agree to allow us to share your payment history data with Wiser Telecoms Limited with credit reference agencies. If we choose to do so we will share your personal data under contract and in accordance with the Data Protection Act 1998 with recognised and reputable credit reference agencies such as, for example, Experian and/or Equifax.
36. If you have agreed that we should not send you a paper bill, we will tell you by email when your bill is available to view on-line. Not all of our services are available with paper-free billing.
Our rights when we provide the service
37. We may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services. Please note that calls to 999 or 112 emergency services are also recorded.
38. Occasionally, we may have to:
a. interrupt the service. If we do so, we will restore it as quickly as we can;
b. change your area code or phone number, or access numbers; or
c. make minor changes to certain technical specifications, this may include: limits for transferring information which are associated with the service and the technology we use to provide the service to you.
Our Responsibility to you when we provide the service
39. We accept responsibility if you are injured or die as a result of our negligence. We will not limit this responsibility.
40. We also accept responsibility for loss or damage to your physical property arising from our negligence. We will pay up to £1 million in any 12-month period for this loss or damage.
41. Unfortunately, we cannot guarantee that the service or the equipment we provide will never be faulty.
42. Unless the service terms say otherwise, we have no responsibility to pay you compensation for financial loss, for any information which is lost or corrupted, or for any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used the service or equipment we provide for business purposes.
43. Except as described in paragraphs 39 and 40, we will not pay you more than £10,000 in compensation (even if we have been negligent) in any 12-month period unless the service terms say otherwise.
44. Nothing in paragraphs 40 to 44 affects your statutory rights relating to equipment which is faulty or has been described wrongly.
45. If any paragraph that limits our responsibility to you is disallowed or is not effective, the other paragraphs will continue to apply. Matters beyond our reasonable control
46. Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by Government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we do not accept responsibility for not providing you with your chosen communications services.
If you break the agreement
47. For serious misuse described in paragraphs 13 and 14 we may suspend or end the agreement for the service immediately. Otherwise we will normally give you an opportunity to put matters right within a reasonable time if you break the agreement.
48. However, if you do not do so, we may suspend or end the agreement for the service. We may also suspend or restrict the service or end the agreement for the service if you break any other agreement you have with us and do not put matters right within a reasonable time. If we suspend the service or end the agreement for the service, we will tell you what needs to be done before we can restore the service.
49. Sometimes we may choose to ignore it if you break one of our terms and conditions, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.
Sorting out complaints
50. From time to time you may need to contact us to sort out a problem that you're having with us. Our Customer Complaints Code sets out how you can contact us and the process for dealing with any complaint or dispute you may have. You can see a copy of the code online at www.wisertel.com/complaintscode. Alternatively, you can ask us to send a copy of the code to you. We will try our best to work through any complaint or dispute that you may have with us. However, if we cannot do this, you may be able to refer the matter to a dispute resolution service and get an independent view. Details of how and when to refer a dispute, are set out in our Customer Complaints Code.
Changing the terms (notification)
51. Sometimes, we will need to change the charges or the terms and conditions of a service covered by this agreement. We will publish details of all changes online at www.wisertel.com.
52. We will also let you know about a price increase or a change to the terms and conditions that we believe is likely to cause you material disadvantage at least one month before it happens. We will do this in writing (which may include by letter, email, with your bill or by any other permitted method). We will let you know about other changes to prices and our terms and conditions with your next available bill or by an alternative method if this is simpler.
53. Sometimes we may need to make changes to our charges or the terms and conditions of a service which are outside of our control – for example to meet legal, regulatory or financial requirements. If we need to make changes for these reasons, we will let you know as soon as we can, but we will not have to meet the timescales detailed in paragraph 52, and you will not be able to end any affected service early without charge.
54. Except in the circumstances detailed in paragraph 53, if we let you know about a change to the price or the terms and conditions of a service which is to your material disadvantage, and you decide to end that service early, then unless the Tariff Guide says otherwise, you will not have to pay the increased price or any charge for ending that service early. However, once we have told you about such a change, using one of the methods detailed in paragraph 52, you have a limited time to let us know that you want to end that service because of the changes we have made, and give us notice to end that service as set out in paragraph 21 above (normally 30 days). If you started a contract for telephone, broadband or mobile services on or after 23rd January 2014, you will have 30 days to let us know that you want to end the service without paying a charge for ending it early. Only the services that are directly affected by the changes we make can be ended without paying a charge for ending those services early and this agreement will continue to apply to any other services that are not affected by those changes.
Other things we need to tell you
55. You accept that the agreement for the service is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person who we think, with good reason, is acting with your permission. We can transfer the agreement for the service to another company provided this does not adversely affect your rights under the agreement.
56. When we need to contact you, we will use your billing address, e-mail address, mobile or fixed phone number. If you need to contact us, please use the address on your last bill or any other postal address, e-mail address or phone number we have given to you for that purpose.
57. You accept that when you order goods and services from us we may make enquiries about you for credit reference purposes. These enquires include searching your records held by Experian / Equifax or any other credit reference agency and checking any details held on you by the Interactive Media in Retail Group (IMRG) Security Alert or any other fraud prevention scheme. At all times where your information is disclosed to us we will protect it and keep it secure in accordance with our privacy policy, which can be viewed online at www.wisertel.com. Data we hold about you may also be used for fraud prevention purposes and this may include sharing your personal data in confidence with third party companies, including other communication companies.
58. No third party is entitled to enforce any term under this agreement under the Contracts (Rights of Third Parties) Act 1999.
Your agreement to Pay Wiser Telecoms Limited
Spending Limited
If your monthly call charges exceeds £300.00 you will be billed the day the limited is breached and payment will be required upon receipt of your bill.
Unless you agree to pay by Direct Debit the below terms stand.
1. The fees under this agreement apply to you if you take Telephony Services, Broadband, Fibre or TV, and you choose not to pay your bill by direct debit. This agreement starts when, having received a copy of these terms and conditions, you first make a payment for one of those services by any method other than direct debit.
2. You have a statutory right to cancel your agreement with Wiser Telecoms Limited. That cancellation right will expire fourteen calendar days beginning on the day after you make your first payment as described in paragraph 1. You may cancel by writing to us at Wiser Telecoms, 83-85 Dean Road, Scarborough, YO12 7QS, or by emailing us at residential.services@wisertel.com. If you cancel but have already asked Wisertel to process a payment on your behalf, for example by making a payment, you must still pay the fee for the processing of that payment. If you do not cancel this agreement, it will have effect until it is terminated.
3. You will not be charged a payment processing fee if you are a Wiser Basic, Light User.
4. You agree that unless you pay your bill by direct debit, you will pay Wiser telecoms Limited a fee of £2.00 per month, if you pay your bills monthly, or £6.00 per quarter, if you pay quarterly, for payment collection and processing services. You agree to make the payment in the same manner and at the same time as you pay your Wiser Telecoms Limited bill.
5. Wiser Telecoms Limited agrees to collect and process promptly all payments made by you and to ensure that they are applied as necessary in settlement of the charges raised by Wiser Telecoms Limited to which they relate. Wiser Telecoms Limited will use the financial information provided by you only for the purposes of this agreement.
6. Sometimes, Wiser Telecoms Limited will need to change the charge or the terms of this agreement. Wiser Telecoms Limited will publish the details of all changes online at www.wisertel.com/pricing.
7. Wiser Telecoms Limited will also let you know about a change, including an increase in the fee, that it believes is likely to cause you material disadvantage, at least one month before it happens. Wiser Telecoms Limited will let you know about any other changes with your next available bill or via an alternative method if this is simpler.
8. If Wiser Telecoms Limited makes a change to this agreement that is to your material disadvantage, you may terminate your Telephony Services, Broadband, Fibre or Wiser TV agreement. You will not then have to pay a charge for ending that service early, provided that you let Wiser Telecoms Limited know that you want to end the agreement(s) within 28 days of having been informed of the change. Wiser Telecoms Limited will let you know that you have a right to end your Telephony Services, Broadband, Fibre or Wiser TV agreement early when it informs you of what it reasonably believes to be a change to this agreement that is to your material disadvantage.
9. This agreement is not subject to a minimum term and will continue unless and until it is terminated in accordance with this paragraph. The agreement will terminate once you have paid your last bill, if you no longer take any of the services referred to in paragraph 1.
10. Insofar as you have any dealings with Wiser Telecoms Limited regarding this agreement.
11. This agreement is not covered by an out of court dispute resolution process.
12. The contractual terms and all communications in connection with the payment processing service are supplied in English.
Paper-free Terms and Conditions
Paper-free billing means you'll receive your Wiser Tel bill online. You'll stop receiving a paper bill through the post. When your bill is available we'll send you an email to let you know. You can then log in via the Your Account section on wisertel.com to view your bill and download and print it if you need to. Plus, with paper-free billing:
• You'll reduce the amount of paper you use
• You'll get free 24/7 secure online access to your account
• You can view your call costs which are updated daily
Your bills will be held online for a maximum of 6 months. If you wish to keep a record of your invoices for personal use simply save it to your computer hard drive or make a paper copy by printing it out.
Paper-free billing is provided free of charge, but your Internet service provider may charge you to connect to wisertel.com.
Paper-free billing is available to all Wiser Telecoms Limited residential customers.
Bills are only available in English at present.
You must keep your wisertel.com user account updated with a valid email address as we will email you to let you know when your bill is available to view. If you are a Monthly Payment Plan customer and wish to clear all or part of the balance of your account when you get your bill, you can make a payment using the online debit card payment option. The payment will be shown on your next bill.
Similarly, if you are a Monthly Payment Plan customer and you order additional equipment from Wiser Telecoms Limited, we may send you a separate bill which you will need to pay as well as your normal monthly payments. You can also pay this using the online debit card payment option.
If you need a VAT statement, you can download it as a PDF file. This can then be saved to your computer hard drive or printed out. Please contact us at ebilling@wisertel.com if you require a VAT statement.
You may change back to paper billing at any time by contacting us.
We will only pass your details on to third parties as explained in our terms and conditions and in our privacy policy, which you can view online at www.wisertel.com/privacy.php