Terms & Conditions

Welcome to Deskphone, a provider of mobile and fixed line communications services designed for businesses, corporates and organisations.

Please read these customer terms of use (“Customer Terms”) carefully before accessing or using the Deskphone or Go Mobile services.

The service is operated by DESK COMMS LIMITED, a private limited company registered in England with number 08429703 whose registered office is at 207-209 Southwark Bridge Road, London, SE1 0DN (“we” or “us” or “our”). These Customer Terms apply to all Customers who access or use the Service. By clicking on the accept buttons relating to the Customer Terms, Data Processing Agreement and Privacy Policy, you agree to be legally bound by these Customer Terms, Data Processing Agreement and Privacy Policy as they may be modified and posted on our Website from time to time. In these Customer Terms, “you” refers to the entity you represent (“Customer”).

If you do not agree with these Customer Terms, Data Processing Agreement or Privacy Policy, you may not use the Service.

  1. Agreement Structure and Contracting Entity
    1. The Agreement shall comprise of:
      1. each set of Commercial Terms;
      2. the Service Terms;
      3. any applicable Price Plan Guide(s);
      4. these General Terms;
      5. Deskphone’s Standard List Price;
      6. any other document expressly referred to in this Agreement; which apply in decreasing order of precedence.
    2. By entering into the Agreement, the Customer confirms that it is contracting as a business and not as a consumer.

  2. Definitions – The defined terms in the Agreement shall have the following meanings:
  3. Additional Services – additional or supplemental services for which a charge is made in addition to the fixed periodic charges for the Services (if applicable).
    Age Restricted Services – any Services for use only by customers 18 or over
    Connection – the procedure by which we give you access to Services. ‘Connected’, ‘Connecting’, and ‘re-Connection’ have corresponding meanings.
    Confidential Information – Information which would reasonably be regarded as confidential by a business person concerning the operations, business, services, knowhow, suppliers, customers, or products of the disclosing Party disclosed by a Party to the other Party before or after the Commencement Date.
    Disconnection – the procedure by which we stop your access to Services. ‘Disconnected’, ‘Disconnect’ and ‘Disconnecting’ have corresponding meanings.
    Equipment – Any tangible material, but not a SIM Card, supplied by Deskphone to Customer, such as a mobile phone or a connecting cable.
    Equipment Subsidy – Original Equipment value less any upfront payment made by Customer towards the Equipment.
    Handset – the device or mobile handset that is authorised by us for Connection to the network which is used to access Services.
    Intellectual Property Rights – Rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademarks or trade and business names), copyright, moral rights, databases, domain names, topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals thereof) and wherever in the world enforceable; rights in the nature of unfair competition rights and to sue for passing off; and trade secrets, confidentiality and other proprietary rights, including rights to know-how and other technical information.
    Messaging Services – any email, fax and voicemail services, text message and multimedia messaging services, personal information management and other message or communication facilities which let you communicate with others.
    Network – The telecommunication systems Deskphone uses to provide the Services.
    Premium Services – any Services which are charged at premium rates. You can only access these Services, such as international calling and international roaming, with our approval.
    Services – the services offered by us, including call services, Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we agree to provide for you.
    SIM / SIM Card(s) – A subscriber identity module card is an integrated circuit storing user specific data, including your phone number and allows use of equipment on the Network.
    Session Initiation Protocol (SIP) – is a communications protocol for singling and controlling multimedia communication sessions in applications of Internet telephony for voice over Internet Protocol (IP) networks.
    Storage Services – any Services which offer you storage capacity on the network for storage of content which you access from us.
    Suspension – the procedure by which we temporarily Disconnect your access to the Services. ‘Suspend’ has a corresponding meaning.
    Subsidy – A sum Deskphone invests in the Customer, including cash bonus, connection bonus, Technology Fund, Equipment discount, as set out in the Commercial Terms.
    UK – England, Wales, Scotland, Northern Ireland and adjacent islands (e.g. Isle of Wight) but excluding the Channel Islands and the Isle of Man.
    User – An individual end user of the Equipment and/or Services under this Agreement.
    Deskphone – Desk Comms Limited, registered number 08429703, and registered office 207-209 Southwark Bridge Road, London, SE1 0DN.


  4. Key Points
    1. The General terms for Services only cover the terms on which you may use the Services. They do not cover your purchase or rental of Handset(s) or Hardware.
    2. Services will be provided within our network provider’s network area but it’s always possible that the quality or coverage may be affected at times.
    3. You must not use the Services for any illegal or improper purposes. Anyone under 18 is not permitted to access Age Restricted Services.
    4. You agree that we and our network provider can process your personal data which we collect or which you submit to us during any sales or registration process, for a number of purposes, including to open and manage an account for Services, to deliver products and services ordered by you, for credit checking and fraud prevention, (subject to your preferences) as set out in our ‘Privacy Policy’ in the Terms for Services.

  5. Terms of Services
    1. About your agreement
      1. It is your responsibility to make sure any SIM or SIP account is only used to access Services as permitted in this agreement. This agreement does not cover the supply of your Handset(s) or Equipment. The manufacturers of Handsets and Equipment are not related to us.
    2. Variations to your agreement or prices
      1. We may vary any of the terms of your agreement. You can end the agreement if such variations are to your detriment except that you will not be able to end the agreement if such variation or increase:
        1. is due to changes to the law, government regulation or licence which affect us; or
        2. relates solely to Additional Services;
      2. If you carry on using Services after the variation commences, you will be deemed to have accepted the variation.

  6. Signup
    1. During the signup process you will be asked to enter payment details, the first payment will be taken on the day we activate your services. This will be a pro-rata payment which will cover the remainder of the days left in the month you are activating in. Future payments will then be collected on the 1st of each month. If this initial payment fails, we will be unable to activate your service until the payment has been collected successfully. Plan allowances will also follow this pro-rata set up so your allowances for the first month of service will be pro-rata based on the amount of days remaining in the month from the day you activate until the last day of the month.
    2. The person signing up for an account will be automatically assigned as a super administrator (“Super Administrator”), the Customer contact who has day to day responsibility for the Customer account. Your account is only for use by either a single legal entity (e.g. a company or a partnership) or an individual user.
    3. You must provide the Customer legal full name, address, a valid email address, and any other information requested in order to complete the signup process.
    4. The Customer acknowledges that, if the Customer allows a third party to open an account on their behalf or designates any of the third party’s personnel as Super Administrators of the Customer’s account, the third party will be able to control account information, including Customer Data, and access to the Customer’s account.
    5. You confirm that all Users are 18 years old or older.

  7. Commencement of Service & Term
    1. Our contract of service begins on the date of order or activation of a SIM and continues on a rolling 30-day contract until the user requests termination of the service.
    2. By agreeing to use our services you understand that you are entering expressly into a business to business contract and therefore there is no cooling off period for any of our services.

  8. Availability & Support
    1. We will endeavour to make the service available to customers and users 24 x 7, however we shall not be liable if for any reason the service is unavailable at any time or for any period.
    2. We may suspend access to your account temporarily and without notice in the case of system failure, maintenance or repair or due to a Force Majeure Event.
    3. We will provide technical support to you only when a ticket is raised correctly through the prescribed channels. To raise a ticket an email must be sent to support@desk-phone.com in the first instance. We reserve the right to refuse to service your technical support request if you do not have a valid open ticket reference number. Technical support is available only during working hours (9-5 Monday-Friday). Technical support will only be provided for bugs or errors that are reproducible by us. You agree to provide us with full and accurate details of all bugs and errors, on request. You acknowledge that we provide no warranty that all or any bugs or errors will be corrected.
    4. Neither our staff nor our third party service partners have access to any user passwords and are therefore unable to access the organisation’s account or data

  9. Allowances and Fair Usage Policy
    1. You acknowledge and agree that our Fair Usage Allowance is set from time to time based on the average fair and reasonable needs of administering a business.
    2. You acknowledge and agree that our “Unlimited UK Landline & Mobile” Call Plans are:
      1. not intended or suitable for high volume contact centres, making automated phone calls, high volume outbound sales & marketing or any other usage than that equivalent to the average fair and reasonable needs of administering a business and;
      2. capped at our Fair Usage allowance with all further calls beyond that limit charged at the prevailing out of bundle Call Costs as shown on our website.
    3. Your inclusive minute plan will be re-set on the first of every month and will not roll over. Minutes are deducted from your monthly allowance at the rates that are displayed in our tariff documents rounded up to the nearest penny.
    4. Call charges for any calls which fall outside of your inclusive allowances (based on your tariff) will then be rounded up to the nearest penny. In addition, desk comms may apply a per call connection charge to each call.
    5. All of our unlimited call price tariffs are subject to a fair usage policy, currently 3000 minutes (of which a maximum of 1,500 minutes may consist of calls to numbers other than UK local and national geographic numbers). For unlimited SMS packages the fair usage policy is 1,000 SMS.
    6. In the event that you exceed the limits included in this fair usage policy:
      1. We will charge outside bundle call charges as described above.
      2. We reserve the right to switch you to a more appropriate tariff or call package at any time
      3. We reserve the right to suspend the service
      4. We reserve the right to terminate this Agreement with immediate effect.
    7. Inclusive UK calls are defined as;
      1. Calls to UK Geographic Landlines beginning 01, 02 and 03
      2. Calls to UK Mobiles beginning 07
      3. Calls to UK Non-Geographic numbers beginning 0808 and 0800
      4. They do not include calls UK Non-Geographic numbers beginning 0845 or premium numbers beginning 0870 or 09, personal 07 numbers and Internet access numbers.
    8. UK Mobiles are classified as calls to T-Mobile, Virgin, Orange, Vodafone and O2 only.
    9. Allowances for the first month of service will be pro-rata based on the amount of days remaining in the month from the day you activate until the last day of the month – if you exceed this pro-rate allowance you will be billed at standard overage rates.

  10. Default Roaming and Dialling restrictions
    1. By default, we block all roaming on our Go Landline SIM’s outside the UK. No services, including emergency services will work on our SIM’s outside the UK.
      1. As this is a business to business service we are not governed by the EU legislation that covers ‘roam like home’ agreements in the EEC/EU.
    2. By default we block all international calling and premium rate calling on our service.
    3. You can apply to have these blocks removed by emailing our support team at support@desk-phone.com. Removal of these blocks and restrictions is entirely at our disgression and is based on a range of factors such as;
      1. Credit Check
      2. Behaviour prior to requesting blocks removed
      3. Company status
      4. The cost of the international numbers you intend to call
    4. The inability to roam, call international or premium rate numbers is not grounds for breaking your contract as they are expressly not included in your package.

  11. What We Will Provide for You
    1. Number Porting
      1. Geographic, Non-Geo and Mobile number porting service to move a number or numbers from one provider to another.
    2. A phone number and SIM
      1. We or our network provider own each SIM and each SIM remains our or their property at all times. You are being allowed to use the SIM by us on a limited licence to enable you to access Services, in accordance with the terms of this agreement. We or they may recall the SIM(s) at any time for upgrades, modifications, misuse or when your agreement ends.  You can only use our SIM to obtain Services from us.
      2. Each SIM may only be used in Handsets which are enabled for Services and are authorised by us for Connection to network provider. Any attempt to use the SIM in other Handsets may result in serious damage to the Handset and may prevent you from being able to use it, including the making of emergency calls.  In these instances, we and our network provider are not responsible for any such damage or usage problems.
    3. A phone number and SIP Account
      1. Your SIP credentials may only be used in a device that is expressly supported by Deskphone
      2. In order to secure our networks service it will be provisioned by a Deskphone engineer.
      3. We are not obliged to provide passwords and usernames (SIP Credentials).
    4. Rental Hardware
      1. If rental hardware is included in your plan we will provide (a) rental handset(s) for you to use.
      2. The rental hardware remains the property of Desk Comms Limited at all times.
      3. You may only use the rental hardware to access our services.
      4. Rental hardware must not be serviced, altered or modified in any way.
      5. The rental hardware must not be removed from the address it was delivered or installed without our prior written approval.
      6. If there is any damage to rental hardware you must notify us immediately.
      7. In the event that we deem that the phones have been damaged as a result of anything other than reasonable wear and tear you will be charged the full price to replace the handset.
      8. On termination of your contract you must return all rental hardware, complete with cables, batteries and power supplies at your cost. Any parts or hardware not returned within 30 days of the end of your contract will result in charges being applied for the full price of replacement.
        1. Certain parts of rental hardware are non-replaceable for example the plastic bases of all Yealink Handsets. In the event that a non-replaceable part is missing from your returned rental hardware we reserve the right to charge the full replacement cost for the entire unit.

  12. Services
    1. Once you are connected, we will provide you with access to our services. The services will include premium services, provided you ask for them and we approve, and may also include Age Restricted Services, provided you are 18 or over and you do not show or send any content from the Age Restricted Services to anyone under 18.
    2. You will also be able to upload and send your own content using the services. You grant us and our network provider a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on the services.
    3. We may:
      1. change or withdraw some, or part, of the services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content. Subject to Section 4.2, you can end the agreement if this variation is likely to be of detriment to you; and
      2. also determine how services are presented and delivered to the handset or are otherwise made available to you. We can change the way they are presented, delivered or otherwise made available to you at any time.

  13. Limitation Of Services
    1. We will always try to make services available to you. However, services are only available within our coverage area (which comprises a video service area and a voice & picture area within the UK).  Within this, there may be areas where you do not have access to all services or where coverage is otherwise limited or unavailable. For more information about coverage, visit our website.

  14. Disruption Of Services
    1. There may be situations when services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:
      1. when we or our network provider need to perform upgrading, maintenance or other work on the network or Services;
      2. when you move outside our video service area whilst you are on a call (in this case calls may not be maintained);
      3. when you are in areas not covered by our network. In these cases Services rely on other operators’ networks where we have no control;  and
      4. because of other factors outside our control, such as the features or functionality of your Handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions
      5. Local and third party networks & ISP’s you use to connect to your SIP Account.

  15. What You Will Do In Return
    1. Secure your PIN, Passwords and SIM
      1. As we or our network provider own the SIM and it remains our or their property at all times, you must ensure that you keep the SIM safe and secure whilst it is in your possession and you must ensure that you are able to return it to us, if required to do so by us at any time, as set out in these terms.
      2. To secure your local network and not allow unauthorised access to provisioned equipment.
    2. Responsible use of Services
      1. You may only use Services:
        1. as laid out in this agreement; and
        2. for your own personal use. This means you must not resell or commercially exploit any of the Services or content.
      2. You must not use Services, the SIM or phone number or allow anyone else to use services, the SIM or phone number for illegal or improper uses. For example:
        1. for fraudulent, criminal or other illegal activity;
        2. in any way which breaches another person’s rights, including copyright or other intellectual property rights;
        3. to copy, store, modify, publish or distribute Services or content (including ringtones), except where we give you permission;
        4. to download, send or upload content of an excessive size, quantity or frequency. We will contact you if your use is excessive;
        5. in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or Services;
        6. to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; and
        7. to use or provide to others any directory or details about customers.
      3. You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and your account. You must only use Handsets authorised by us for Connection to our network and also comply with all relevant legislation relating to their use.
      4. We may publish an acceptable use policy, which provides more detail about the rules for use of certain Services in order to ensure that use of Services is not excessive, to combat fraud and where Services we may introduce require certain rules to ensure they can be enjoyed by our customers. If we publish a policy, we will let you know – such a policy may be amended from time to time – for instance, if we discover that the Services are being used fraudulently or for fraudulent purposes, or the excessive use of certain Services is causing problems for us, our network provider, its systems or for other users or if we introduce new services which may require certain rules to ensure that such new services can be enjoyed by our customers, again, we will let you know if this happens.
    3. Responsible use of Messaging and Storage Services
      1. While using the Messaging Services, you must not send or upload
        1. anything that is copyright protected, unless you have permission;
        2. unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses; or
        3. anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.
      2. Responsible use of Age Restricted Services
        1. If you are under 18, you are not permitted to access our Age Restricted Services (if any). If you are 18 or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Handset.
      3. Responsible use of Services outside the UK
        1. If you use Services from a country outside the UK, your use of the Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.

  16. Our Rights – Intellectual Property
    1. All rights, including copyright in Services and their content, belong to us, our network provider, or our licensed source, such as a content provider. We and they reserve all our and their rights
    2. The ‘3’ trade mark and other related images, logos and names on the Services are proprietary marks of the Hutchison Whampoa group of companies. We and they reserve all our and their rights.
    3. The ‘O2’ trade mark and other related images, logos and names on the Services are proprietary marks of the Telefonica UK group of companies. We and they reserve all our and their rights.
    4. The ‘Vodafone’ trade mark and other related images, logos and names on the Services are proprietary marks of the Vodafone group of companies. We and they reserve all our and their rights.
    5. The ‘EE’ and ‘Everything Everywhere’ trade mark and other related images, logos and names on the Services are proprietary marks of the Everything Everywhere group of companies. We and they reserve all our and their rights.

  17. Suspension Of Services
    1. We may Suspend any or all of the Services you use without notice if:
      1. we reasonably believe you have provided us with false or misleading details about yourself or we reasonably believe that you have used Services, the SIM(s), SIP Accounts or a phone number for illegal or improper purposes in contravention of our responsible use requirements;
      2. we receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you are using Services in any of the ways prohibited in Section 9).
      3. we are required to suspend your Services by the emergency services or other government authorities;
    2. If we suspend any or all of your Services, you will still be able to make emergency calls (unless they have been suspended at the request of the emergency services).

  18. Cancellation
    1. If you wish to cancel any services you must give 30 day’s notice. You must continue to pay for your services and any usage during this time.
    2. Request to terminate your services must be sent to support@desk-phone.com. You will receive a confirmation of your request and your contract end date. You must pay for all services used up until your contract end date.

  19. Ending This Agreement and Disconnection Of Services
    1. We may end this agreement because of your conduct.
    2. In the following cases, we may end your agreement immediately and you have to pay all the Charges you owe up until we Disconnect you:
      1. if we have the right to Suspend your Services on any of the grounds in Section 12 and we believe that the grounds are serious and have not been, or are unlikely to be rectified;
      2. if we believe that your use of our Services is jeopardising the operation of our network providers network or is of an unacceptable nature; or
      3. in the event of your bankruptcy, insolvency or death.
    3. We may end this agreement if there is no network access or Services.
    4. We may end your agreement if we no longer have access to other operators networks which we need to provide the Services, or we are no longer able to provide the Services due to factors beyond our control or because we cease business.
    5. If you are a consumer, any statutory rights which you may have, which cannot be excluded or limited, will not be affected by this section. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

  20. Effect of This Agreement Ending
    1. If this agreement ends, we will Disconnect you and you will not be able to use Services or make emergency calls.

  21. Liability
    1. Limits on our liability
      1. All of our obligations to you relating to Services are set out in your agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing
    2. Except as set out in 14.3:
      1. all other terms, conditions and warranties relating to Services are excluded;
      2. our and our network operator’s entire liability to you for something we do or don’t do will be limited to £3,000 for one claim or a series of related claims; and
      3. we and our network operator are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Services. We and our network operator are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.
    3. Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law.If you are a consumer, the terms of this agreement will not affect any of your statutory rights which you have, which cannot be excluded by this agreement.  For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

  22. Services – Area Where We Have No Responsibility
    1. We will try to ensure the accuracy, quality and timely delivery of Services. However:
      1. we and our network operator accept no responsibility for any use of, or reliance on, Services or their content, or for any disruptions to, or any failures or delays in, Services. This includes, without limitation, any alert Services or virus detection Services; and
      2. we and our network operator do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of Services or their content. They are provided to you on an ‘as is’ basis; and
      3. we and our network operator are not providing you with advice of any kind (including without limitation investment or medical advice). Where Services contain investment information, we do not make invitations or offer inducements to enter into any investment agreements.
    2. We and our network operator will not be liable;
      1. for any loss you may incur as a result of someone using your PINs or passwords with, or without, your knowledge; or
      2. if we or they cannot carry out our duties, or provide Services, because of something beyond our control.
    3. Others’ content and services – Areas where we have no responsibility.
      1. You may be able to use Services:
        1. to upload, email or transmit content using Services; and
        2. to access content which is branded or provided by others and to acquire goods and services from others. Where we provide you with such access, all we do is transmit the content to you and we do not prepare or exercise control over the content, goods or services.  We and our network operator are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.
      2. This Section 15 will apply even after this agreement has ended.

  23. Privacy Notice and Your Information
    1. We may pass and share your personal information to our network provider, other communications service providers and network operators for the detection and prevention of theft and fraud, and to carry out any activities or disclosures to comply with any regulatory, government or legal requirement.
    2. If you use Services from a country outside the UK it may be necessary to transfer your information to that country. If that country is outside of the EEA, the treatment of your personal information may be subject to laws and regulations applying in that country and which may not protect your information to the same standards applying in the UK and the EEA.

  24. Data Processing
    1. Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements. 
    2. To the extent that personal data is processed by us on your behalf when you or users use the Service, you acknowledge that we are a data processor and the Customer is a data controller. The terms of the Data Processing Agreement shall apply to all Customer Data that we process on your behalf. 
    3. Any information that you provide to us during signup or information provided when ordering the service (such as the Customer’s email address) will be used by us in accordance with the terms of the Privacy Policy. 
    4. If a third party alleges infringement of its data protection rights, we shall be obliged to take measures necessary to prevent the infringement of a third party’s rights from continuing.
    5. Desk Comms may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our services.
    6. We may contact you before, during and after the term of this agreement in order to administer, evaluate, develop and maintain our Services.
    7. Desk Comms operates in accordance with GDPA and in accordance with our website ‘Privacy Policy’ available at https://www.desk-phone.com/privacy-policy. You are also required to comply with all data protection legislation. In addition, you must maintain all required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.
    8. By registering for the Services you consent to us using and/or disclosing your personal information for the following purposes:
      1. processing your application (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account);
      2. providing or arranging for third parties to provide customer care/help desk facilities and billing you for the Services (which may involve disclosing your information to third parties solely for those purposes);
      3. to maintain quality and for training purposes, we may monitor and record telephone conversations with you;
      4. to inform you about other Desk Comms products or services, or products and services from our group of companies unless you opted out to this during the registration process or you notify our customer services in writing, signifying that you do not wish to receive this information from us;
      5. to disclose all or part of your personal data to a regulator (i.e. Ofcom, the Information Commissioner Office), a court, or to a public body to comply with any regulatory, government or legal requirement; and
      6. to communicate information that describes the habits or usage patterns and/or demographics of the whole or a part of our customer base (including you) but which is anonymous and does not describe or reveal the identity of any particular customer to any third party.
      7. We are required by law to make your name, address and telephone number available to the emergency services.

  25. EU Permitted Customers
    1. If you are located in the EU (or in the UK) you can only use the service if you are a business, as evidenced by a registered VAT number or other form of proof acceptable to us. 

  26. Other Terms
    1. You may not transfer or assign this Agreement or any rights under it without our prior written consent. We may assign or transfer our rights and obligations under this Agreement to a party who agrees to continue complying with our obligations under the Agreement.
    2. This agreement is governed by English law unless you live in Scotland in which case, it will be governed by Scots Law. Each of us agrees to only bring legal actions about this agreement in a UK court.
    3. If you, or we or our network provider, delay, or do not take action to enforce our respective rights under this agreement, this does not stop you, or us or them, from taking action later.
    4. If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any item that is not legally effective with a similar term that is.
    5. We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement, provided that your rights under the agreement or any guarantees given by us to you are not affected. No other person (other than our assignee, if any) may benefit from this agreement
    6. In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your phone number for Services
    7. You confirm that you have full contractual capacity to agree to the agreement.

  27. Third Party Rights
    1. This agreement is entered into by us for the benefit of us and our network provider.
    2. For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that our network provider will have the right to enforce any rights conferred on it under this agreement and to that extent our network provider will have the same rights against you as would be available if they were a party to this agreement.

  28. Delivery
    1. Delivery Charges– Our standard UK charge of £7.50 covers packing and postage. All delivery charges will be shown at checkout, before and after confirmation of your order.
    2. Delivery Timeframes– Standard delivery is by courier. When ordered before 4pm Monday-Thursday we aim to deliver next day but please allow up to 3-5 working days for delivery. Delivery will be attempted between 8am and 6pm. Any charges for failed deliveries may be passed on the customer (see below for more detail). If any products you’ve requested aren’t in stock, we’ll email you to let you know.
    3. Delivery Locations– We deliver to all postal areas in the UK, including England, Wales and Scotland. Delivery to addresses on islands or in remote areas of the UK mainland may take a little longer than our usual delivery times, with delays possible if you live in the following postcode areas: AB, BT, DD, GY, HS, IM, IV, JE, KW, PA, PH, PO30 – PO41, TR21 – TR25, ZE. If we believe that the delivery address you’ve given may not be not secure (for example, if it’s a communal postal address or PO Box), we may contact you to make alternative arrangements. Customers outside the UK please contact support at support@desk-phone.comwith details of the products you’d like to order, so that we can send you a shipping quotation.
    4. Drop shipping– We’re happy to deliver all or part of your order to addresses other than your own, and during the checkout process you’ll be given the option to tell us where you want to send the items in your basket. (Opting for multiple delivery addresses will incur additional delivery charges. – please contact support@desk-phone.com
    5. Failed Deliveries– Deliveries are usually made on Mondays to Fridays, between 8am and 6pm. If the recipient isn’t in, our courier (DPD) will leave a card confirming that they’ve tried to deliver your parcel and it will be held at your local DPD depot.  Please find help and advice from DPD here http://www.dpd.co.uk
    6. Partial Orders – If there are any items missing from the order (as detailed in your order confirmation email), please contact support at support@desk-phone.comor phone us on 020 3434 2068.

  29. Fees and Payment
    1. When you activate any service with us, the initial payment for this service will be taken during the activation. This will be a pro-rata payment which will cover the remainder of the days left in the month you are activating in. Future payments will then be collected on the 1st of each month.
    2. Any sums payable by You to Us under this Contract are exclusive of VAT or any other Sales Tax and shall be made in GBP (£)
    3. As you are entering into a contract as a business the legal entity you represent is wholly responsible for and must pay any and all charges for services procured.
    4. All sums payable to Us under this Contract shall be paid in full without any deduction set-off or withholding other than as required by law. You shall not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.
    5. We are under no obligation to commence the Services, unless and until we have received the required fees and any other sums outstanding from You to Us.
    6. Payment for your Invoices will be automatically collected on a saved Debit or Credit Card. We use Recurly and Authorise.net to process debit and credit card payments both are PCI Level 1 compliant merchant providers. No card or bank details are saved or accessible by Deskphone.
    7. We will only provide credit notes or refunds once we have resolved the issue and a dispute has been raised correctly through the appropriate channels.
    8. Once a request for an activation or order has been placed, including any renewals, pre-orders or backorders, you do not have the right to cancel such request.
    9. You acknowledge and agree that:
      1. Where charges on your account are unpaid due to insufficient funds or direct debit cancellation, an administration charge of £5 will be included on your next monthly bill.
      2. We will add a reasonable additional charge to your next bill to reinstate services suspended or terminated due to your breach of your payment obligations.
      3. All our charges are subject to VAT at the prevailing rate.
      4. Your invoice will normally include; handset rental, line rental, allocated tariff charges and support. Any charges that are incurred outside of your call plan such as calls outside your prepaid minutes will be added to your bill the following month.
      5. If an engineer visits your premises you will be charged for this service and billed separately. We reserve the rights to use a third party for such services.
    10. Customers who have a monthly invoice total greater than £300 GBP will be offered the facility to pay via variable Direct Debit.
    11. Payments made by direct debit are covered by the Direct Debit Guarantee;
      1. This guarantee is offered by GoCardless.
      2. The efficiency and security of the Scheme is monitored by GoCardless.
      3. If you receive a refund you are not entitled to, you must pay it back immediately when we ask you to.
      4. You can cancel a direct debit at any time by writing to your bank or building Society. Please also send a copy of your letter to us.
      5. Cancellation of your direct debit does not constitute cancellation of your contract or services – if you wish to terminate you will need to do so in accordance with our cancellation procedure.
    12. We reserve the right to refuse any new customer;
      1. Not willing to pay by Debit Card, Credit Card or Direct Debit
      2. Where our accounts team deems them not to be credit worthy.
    13. If your monthly direct debit or card payment fails we reserve the right to add a charge for payment failure/non payment of £5 to your account for every month where the payment failure/non payment occurs.  
    14. You will be notified of any problems with your payments or direct debit instruction via email and telephone communications. Arrears and/or unwillingness to maintain payment by Debit Card, Credit Card or Direct Debit may result in your lines being restricted and in the immediate termination of your services.
    15. Desk Comms reserves the right to perform a credit check on you with no prior given notice, and to pass your credit history with Desk Comms on to other credit agencies and or the County Court.
    16. In the event that you wish to raise a complaint or dispute an invoice, you must contact one of our customer support team within 2 months from the date of the invoice. After such period, any undisputed invoice will be deemed correct.

  30. Complaints
    1. We endeavour to ensure that all of our users are happy with the level of service they receive from us. However, despite our best efforts, our reliance on other networks means that occasionally services have the potential to go wrong. We will always take customer complaints very seriously and aim to resolve them quickly, fairly and efficiently. If you have a complaint about any part of our service, please contact our customer service team in the first instance. After which you can escalate unresolved complaints to the Communications Ombudsmen services.

  31. Warranties and Representations
    1. Other than as expressly set out in this Agreement and to the greatest extent permitted by law, Desk Comms Limited makes no representations or warranties with respect to the Services, or the performance of its obligations hereunder, and expressly excludes such representations and warranties, whether implied, statutory or otherwise to the maximum extent permitted by law.
    2. In particular, but without prejudice to the generality, you acknowledge and accept that:
    3. Desk Comms does not warrant that the Services will be available at any particular time or continuously; and
    4. Desk Comms is not responsible for any loss of or disruption to the Services due to failure of a carrier network or broadband provider.
    5. You Warrant to us that:
    6. You have the authority to enter into this Agreement; and
    7. You will comply with any legal and regulatory requirements applicable to the Services provided under this Agreement

  32. Assignment
    1. You may not transfer, assign, charge or otherwise dispose of these Customer Terms or any of your rights or obligations arising hereunder, without our prior written consent.
    2. We may transfer, assign, charge, sub-contract or otherwise dispose of these Customer Terms, or any of our rights or obligations arising hereunder, at any time.