Just 0845 Numbers Terms & Conditions
Last updated: 18 July 2019
(i) Each contract for the supply of voice and data telecommunications services (the "Business Service") by BARRITEL
LTD ("BARRITEL"), including the trading names of; Just0800Numbers, Just0845Numbers, Just03Numbers, Just0844Numbers and
JustLocalNumbers, to any Customer (the "Customer") shall be on the terms set out in these Conditions. The Sign Up Form as
accepted by BARRITEL (the "Sign Up Form") and these conditions constitute the contract and any such contract between the
Customer and BARRITEL and any particular case is referred to as the "Agreement".
2. The Business Service
In order it may continue and maintain the level and quality of the Business Service provided BARRITEL reserves the right at all times to change or alter the Business Service provided under the Agreement. BARRITEL shall wherever possible give at least thirty (30) days' prior written notice to the Customer of any such change or alteration.
(i) BARRITEL will provide 30 days notice on the website.
(i) The agreement so far as it relates to the Business Services shall take affect when, in BARRITEL's discretion,
BARRITEL accepts the Customer's request to supply the Business Service. The request and acceptance shall be in writing or
by any other method as BARRITEL may allow .The commencement of the Business Service may be delayed until BARRITEL is
satisfied that the Customer has paid the initial deposit (if applicable).
(i) The prices BARRITEL charge for the Business Service are as set out in BARRITEL's website which BARRITEL may vary from
time to time by giving the Customer not less than 7 days' written notice (giving the Customer the opportunity to terminate
the Agreement before the variation takes affect). Notwithstanding the preceding sentence, BARRITEL may introduce reasonable
temporary price changes without notice. Unless otherwise stated, prices do not include value added tax (VAT"), which
must be paid in addition at the applicable rate. Where applicable, the Customer is bound to pay HMRC the Reserve VAT as
stated on the invoice.
5. Use of the Services and Indemnity
(i) The Customer must use the Business Services in accordance with these Conditions, any other conditions as BARRITEL may
notify to the Customer from time to time by not less than 30 days' prior written notice, the relevant provisions of the
Telecommunications Act 1984 (the "Act"), any other applicable laws and regulations, the relevant provisions (notified to
the Customer) of any licence granted under the Act to the Customer, BARRITEL or any supplier of services to the BARRITEL and
any directions given by the Director General of the Office of Telecommunications or other competent authority (together
"Applicable Requirements"). In order for BARRITEL to provide the Service the Customer must allow us to place Cat 2
(performance) and Cat 3 (functionality) cookies on their device.
6. The Customer's Equipment
The Customer must ensure that any telecommunications equipment which the Customer uses in connection with the Business Service is in good working order and conforms at all times to all Applicable Requirements (including without limitation, the relevant standard or approval under section 22 of the Act). BARRITEL will not be under any obligation to connect or keep connected any such equipment which BARRITEL reasonably does not conform to the provision of any Applicable Requirements. The customer must on request provide BARRITEL with all reasonable information which BARRITEL may require in relation to any of such equipment. The Customer is responsible at all times for the safety and safe custody of such equipment and for the safe use of it and the Business Service.
7. Provision of Information
The Customer must provide BARRITEL with all information and co-operation which BARRITEL may reasonably require to enable
BARRITEL to carry out its obligations.
8. Browser support
BARRITEL supports the latest versions of the following desktop browsers.
If the Customer is not using one of these browsers (or latest versions) to interact with BARRITEL's website, please download or upgrade to a new browser or supported version. If the Customer elects not to upgrade the Customer's desktop browser, the Customer experience may not be optimal, or the Customer may not be able to use certain tools on BARRITEL's website.
PLEASE NOTE: To provide BARRITEL's customers the most effective and secure online access to their accounts, BARRITEL is continually upgrading BARRITEL's online services. As BARRITEL adds new features and enhancements to BARRITEL's service, older browser versions or Internet devices may not support these new standards. Upgrading to a new version will enhance the Customer's security and experience on BARRITEL's website.
For the Customer's increased protection, BARRITEL does not support beta versions of (supported) browsers. BARRITEL regularly monitors and tests browsers to ensure the highest security standards for BARRITEL's customers. Browsers such as Internet Explorer, Firefox, and Chrome may auto update to the latest browser version compatible with the Customer's operating system. If the Customer is using the latest release of the Customer browser, please be aware that there may be a delay in BARRITEL's support of the new browser release while it conducts a review to ensure it meets BARRITEL's security standards. BARRITEL recommends that the Customer downloads and installs a supported browser until the new version is officially supported.
9. Availability and Standard of Service
(i) Wherever possible BARRITEL will give written notification to the Customer of all scheduled Business Service
maintenance alterations or suspensions which shall affect the Customer, such notice to be given at least seven (7) days prior
to the scheduled event.
10. Service Interruption
(i) BARRITEL will grant a credit allowance against charges incurred under the Agreement for Business Service interruption
calculated and credit in 1 hour increments at a rate equal to the amount charged to the customer for the equipment period of
the Business Service
11. Data Protection
(ii) Where the Customer is acting in the course of its business, the following provisions shall apply:
(a) for the purposes of this Condition 11(ii), the following definition shall apply:
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ( (EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
(b) BARRITEL and the Customer will comply with all applicable requirements of the Data Protection Legislation. This Condition 11(ii) is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
(d) Following the termination of the BARRITEL Business Service, BARRITEL will retain Personal Data for 7 years following termination of the Business Service. The type of Personal Data and categories of data subjects will be all possible in the context of the Customer's business or use of the Business Service (or that of the Customer's client, as the case may be), including, for example, telephone numbers, time of call, duration of call.
(e) Without prejudice to the generality of Condition 11(ii)(b), the Customer will ensure that the Customer (or its client, as the case may be) has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to BARRITEL for the duration and purposes of the Customer's (or its client's, as the case may be) use of the Business Service.
(f) Without prejudice to the generality of Condition 11(ii)(b), BARRITEL shall, in relation to any Personal Data processed in connection with the performance by BARRITEL of its obligations under the Agreement:
A. process that Personal Data only on written instructions of the Customer (or the Customer's client, as the case may be) unless BARRITEL is required by the laws of any member of the European Union or by the laws of the European Union applicable to BARRITEL to process Personal Data ( Applicable Laws). Where BARRITEL is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, BARRITEL shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit BARRITEL from so notifying the Customer;
B. ensure that BARRITEL have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
C. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
D. not transfer any Personal Data outside of the European Economic Area unless BARRITEL complies with reasonable instructions notified to BARRITEL in advance by the Customer (or the Customer's client, as the case may be) with respect to the transfer and processing of the Personal Data;
E. taking into account the nature of processing and the information available to BARRITEL, assist the Customer (or the Customer's client, as the case may be), in responding to any request from a Data Subject and in ensuring compliance with BARRITEL's obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators, there is no cost to the request, save where a reasonable fee is charged, where the request is repetitive or excessive;
F. at the Customer's written direction (or its client's written direction, as the case may be), delete or return Personal Data and copies thereof to the Customer (or the Customer's client, as the case may be) on termination of the Agreement unless required by Applicable Law to store the Personal Data; and
G. make available to the Customer (or the Customer's client, as the case may be) all information necessary to demonstrate BARRITEL's compliance with this Condition 11 and allow for audits by the Customer or its designated auditor (or the Customer's client or its designated auditor, as the case may be), such audits to be conducted on reasonable notice (but in any event on giving BARRITEL not less than seven (7) days' notice, unless the Customer (or the Customer's client, as the case may be) has reasonable grounds for giving shorter notice) and during BARRITEL's normal business hours and providing that the confidentiality of BARRITEL's other customers is ensured by such means as BARRITEL or any applicable regulator require.
(g) The Customer consents to BARRITEL appointing third-party processors of Personal Data under the Agreement. BARRITEL confirms that BARRITEL have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this Condition 11.
(h) BARRITEL shall not be deemed to have breached its obligations under this Condition 11 solely by virtue of a breach of the Data Protection Legislation by the Customer as Data Controller or Data Processor (as the case may be) and BARRITEL shall not be liable to the Customer (or its client, as the case may be) for any claim brought by a data subject arising from any action or omission by BARRITEL to the extent that such action or omission resulted directly from the Customer's instructions (or the instructions of the Customer's client, as the case may be) nor for any failure to carry out an instruction from the Customer (or the Customer's client, as the case may be) if BARRITEL has notified the Customer (or the Customer's client, as the case may be) that to do so would be in breach of Data Protection Legislation.
(i) Without prejudice to any accrued or other rights which the Customer and BARRITEL may respectively have, the Customer
or BARRITEL may, by written notice served on the other, terminate the Customer's right to use the Business Service
immediately in the event that:
If the Customer wishes to cancel the Business Service, after commencement of this agreement but before the Business Service commences, BARRITEL may agree to this on the basis that BARRITEL will pay to the Customer any deposit the Customer has paid in advance and the Customer must reimburse BARRITEL all costs which BARRITEL has reasonably incurred including but not limited to the cost of work done and Equipment and services supplied or to be supplied.
14. Suspension of the Service
(i) BARRITEL may elect to suspend forthwith provision of the Business Service until further notice in the event that:
15. Charges and Termination
(i) Unless otherwise stated, prices and other amounts payable to BARRITEL under the Agreement do not include VAT, which
must be paid in addition at the applicable rate.
16. Software and Documentation
Intellectual property rights in all software supplied to the Customer remain the property of BARRITEL or that of its licensor. BARRITEL grants the Customer a non-exclusive non-transferable licence to use the software for the purpose of using the Business Service and for no other purpose.
17. BARRITEL's Liability
(i) Nothing in these Conditions shall exclude or restrict any liability which BARRITEL may have for
(i) The Customer may not without BARRITEL's prior written consent assign or subcontract any of the Customer's rights
and obligations under the Agreement.
19. Late & Failed Payment Charges
(i) Without prejudice to BARRITEL's other rights, if BARRITEL does not receive any payment from the Customer when due,
BARRITEL shall be entitled to a late payment charge at 3% per annum over the base rate of National Westminster Bank plc in
force from time to time on the overdue amount from the due date until final payment, both before and after any judgement.
20. Force Majeure
BARRITEL will not be liable to the Customer for any loss or damage which may be suffered by the Customer due to any cause beyond BARRITEL's reasonable control including, but not limited to, any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act or omission of government, highways authorities, other telecommunications operators or administrators or other competent authorities, war, military operation, or riot, difficulty, delay or failure in manufacture, production or supply by third parties of equipment or any access line.
21. Entire Agreement
This Agreement, and the documents and other items referred to in together represent the entire agreement and understanding between the Customer and BARRITEL in relation to their subject matter and supersede all prior understandings and representations, whether written or oral. The Agreement may only be modified in writing signed by the Customer and BARRITEL. BARRITEL hereby confers the rights of a third party to enforce these contractual terms - namely Phone-paid Services Authority and Ofcom.
22. No Waiver and Severance
(i) Failure by the Customer or by BARRITEL to exercise or enforce any right under the Agreement will not be treated as a
waiver of that right and will not prevent that right or any other right being exercised or enforced on another occasion.
(i) Any notice, statement or other document which may be given by either party under the Agreement shall be deemed to have
been given if left at or sent by post or facsimile transmission (to be confirmed by post) to an address in the United Kingdom
notified by the other party in writing as an address to which notices, statements or other documents may be sent.
24. Governing Law
This Agreement shall be governed by and constructed in accordance with English law. The Customer and BARRITEL submit to the non-exclusive jurisdiction of the English courts. BARRITEL may from time to time introduce voluntary arbitration schemes for the settlement of disputes or certain categories of dispute.
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