SureDial  Home Service Specific Terms and Conditions The C&W SureDial Home Service enables Isle of Man customers to make Calls from their existing telephone line by simply dialing a prefix of 13545 before the number they wish to dial. SECTION 1 – Service Specific Terms and Conditions
SECTION 1 - Service Specific Terms and Conditions
These C&W Service Specific Terms and Conditions should be read in conjunction with the C&W General Terms and Conditions, the terms of which are incorporated into this agreement. Where there is conflict these Service Specific Terms and Conditions supersede the General Terms and Conditions.
1. Definition and Interpretation
All words, phrases and terms used in these Service Specific Terms and Conditions shall have the meanings given to them in the C&W General Terms and Conditions except where they are re-defined in these Service Specific Terms and Conditions or where their meanings must necessarily, and subject to Your and Our mutual consent, be varied by the context in which they arise in these Services Specific Terms and Conditions. In addition, in these Specific Terms and Conditions:
"Call" means the set up, holding and ending of a transmission path through the telecommunications system of C&W and the conveyance by C&W of a Message over such transmission path.
"Call Capping" means any caps that are applied to the charge for Calls in the Manx Telecom Standard Choice tariff at 1 July 2008.
"Inclusive Minutes" means the specific number of Call minutes, if any, that are included free of charge with Your Service as detailed in Our Price List which can be found at www.surecw.com.
"Minimum Call Charge" means the minimum You must pay Us per successful Call. If the calculated charge payable for a Call is equal to or less than the Minimum Call Charge then You will pay Us the Minimum Call Charge. If the calculated charge payable for a Call is more than the Minimum Call Charge then You will pay Us the total calculated charge for the Call.
"Minimum Spend" means the minimum payment You must make to Us for Calls made during each billing period and as detailed in Our Price List.
"Price List" means the full list of Call charge rates that apply to this Service published on Our website at www.surecw.com as varied from time to time.
"Telephone Exchange" means Our fixed network switch and all associated Telecommunications Apparatus used by Us to provide You with the Service.
2. Provision of Service
2.1  We will make the SureDial Home Service available to You as long as You have a working exchange line provided by a licensed telecommunications operator in the Isle of Man. If the exchange line ceases to work for any reason including, but not limited to a fault in the Telecommunications Network of the licensed telecommunications operator or termination for non-payment of a bill, We will be unable to provide the SureDial Home Service to You.
2.2  The percentage savings offered under the SureDial Home Service are in comparison to Calls on the Manx Telecom Standard Choice tariff at the rates applying on 1st July 2008 (or any other date stated on Our Price List) excluding the effect of any savings attributable to Call Capping.  The saving excludes any Inclusive Minutes that may apply to Your Service, the saving on used Inclusive Minutes being an additional saving.
2.3 In order for Us to provide You with the Service You must have an analogue exchange line provided by Manx Telecom.  If that exchange line, or the interconnect link between Us and Manx Telecom is suspended or terminated for any reason We will not be able to provide You with the Service.
3. Use of the Service
3.1 You can use the SureDial Home Service provided You have completed an Application Form for the Service and We have completed the update of Our systems.  If You use an analogue dialler use of the Service will also require the dialler to be installed.
3.2 The SureDial Home Service requires that You dial 13545 in front of the full called number for each Call, otherwise You will be billed for the Call by Manx Telecom from which You rent Your exchange line.
3.3 It is Your sole responsibility to ensure You dial 13545 in front of the called number for each Call irrespective of whether this is achieved manually or through an analogue dialer.
4. Term of Service
The Initial Term for the Service is 1 year.
5. Charges
5.1 A Minimum Call Charge will apply, the rate for which will be as detailed on the Price List. Where the duration of a Call is longer than the time covered by the Minimum Call Charge the Call will be charged on a per second basis.
5.2 Call destinations that are available on the SureDial Home Service will be as detailed, together with the applicable Call charge rates, on the Price List.
5.3 Both the Call destinations that are available and the Call charge rates may be amended from time to time. When amendments are made the date at which MT pricing was derived will be that published in Our Price List (section 2.2 above).
5.4 We will not charge You a connection charge or a rental charge for using the SureDial Home Service, however a Minimum Spend commitment as detailed on the Price List at http://www.surecw.com/ will apply.
5.5 The Minimum Spend commitment will apply in full for each calendar month or part thereof, that is the charge is not pro rata for part periods.
5.6  Any Inclusive Minutes applicable to Your Service are as detailed in Our Price List.  Unused Inclusive Minutes at the end of each billing period are not rolled over to the next billing period.
 
5.7 The full monthly allocation of Inclusive Minutes will apply in any month which is a part period, that is, the first and last month You take the Service.
 
6. Payment
6.1 Call charges will be calculated, except where We otherwise determine, using the details recorded at Our Telephone Exchange or provided to Us by Other Licensed Operators.
 
6.2 The Call duration shall be the duration from the establishment of the means of communication to the termination of the transmission.
 
6.3 Calls made using the SureDial Home Service will be billed monthly in arrears. Except as otherwise stated in this Agreement, payment must be made within 21 days of the date of the bill.
 
6.4 Payment must be by direct debit.  Payment will be taken on or after the date shown on the bill.
 
6.5 Bills will be provided electronically via Our web site http://www.surecw.com/. You must provide Us with a valid email address on the Application Form for notification purposes. It is Your responsibility to let Us know if Your email address changes and We will assume Your email address remains valid unless You tell Us otherwise.  If You require a paper bill We will make a small charge as detailed in Our Price List.
7. Termination
7.1 You may by giving notice to Us at least 30 calendar days before the expiry date of the Initial Term of Service, terminate this Agreement on the expiry date. If You terminate this Agreement during the Initial Term of Service You shall be liable for any outstanding charges at the rate in force in Our Price List. After the Initial Term of Service You may terminate this Agreement by giving Us at least 30 calendar days notice in writing at any time. 
 
7.2 Notwithstanding Our right to terminate this Agreement under clause 17 (Termination) of the C&W General Terms and Conditions, We may terminate the Service if We detect an unusual Call pattern or suspect that the Service is being used in breach of clause 4 (Use of Service) of the C&W General Terms and Conditions.
 
8. Diallers
8.1  You will be issued with one free analogue dialler, which will remain Your property upon termination of this Agreement.
 
8.2  Additional analogue diallers may be purchased separately.
 
8.3  Cable & Wireless Isle of Man accepts no responsibility or liability for the operation of the analogue dialler.
 
SECTION 2 – Service Schedule
Cable & Wireless Isle of Man Service Level Schedule defines the standard level of Fault response and provision target times for SureDial Home Services within the Isle of Man.
Standard Service
Provision of SureDial Home Service
2 Normal Working Days or as agreed with the customer if outside that period.
(subject to any third party provisioning times)
C&W will provide You with the SureDial Home Service on the terms and conditions as stated. C&W plan to deliver a working service by the time as agreed with You or within the maximum time for provision as stated above.
 
Requests made to Us relating to the provision of the SureDial Home Service must be made in writing to: Cable & Wireless Isle of Man Limited, 14 Athol Street, Douglas, Isle of Man, IM1 1JA or email talk@surecw.com
 
If You require any work for the provision of service to be undertaken outside of the Normal Working Hours then a charge will be made based on at the rate that is applicable at the time that the work is carried out.
 
Fault Support (Telephony Service)
Fault Support
Via Our Contact Centre on  0808 10 15 247
(24 x 7)
 
 
 
Fault Cover
Normal Working Hours  0800 – 1700 hours Monday to Friday.
 
Excluding Public/Bank Holidays
 
 
Fault Response
Within 8 hours of receipt of Fault report – in Normal Working Hours only
Clear
Resumption of service by the end of the next Normal Working Day.
 
Where a resolution cannot be made at the time of reporting then We will ask You to provide Us with a contact telephone number to enable progress on Fault clearance to be made.
We will also:
  • Provide advice by telephone
  • Carry out tests and diagnostics on the SureDial Home Service
  • Work to resolve the Fault within the agreed time period as stated in this schedule
If We respond and work on a reported Fault and it is subsequently found not to be a Fault with Our Service then a charge may be made based on Our rates that are applicable at the time that the work is carried out. These rates can be advised when You report a Fault, or at any time by dialing 01624 692200.
 
issue 1
August 2008