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Service Terms and Conditions
Service Terms and Conditions
Tesco Internet Phone Service Terms & Conditions
The Tesco Internet Phone service Terms & Conditions apply to new and existing Tesco Internet Phone customers.
Although you may have read some information about the Tesco Internet Phone service when you purchased your Tesco Internet Phone hardware you should read these Terms and Conditions carefully, as they affect your rights and liabilities under the law and set out the terms under which Tesco makes the Tesco Internet Phone service available to you.
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1 |
What is Tesco Internet Phone? |
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Tesco Internet Phone is a phone service that lets you make voice calls with a handset, headset or other device connected to the Internet via broadband. |
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2 |
When your Service Agreement begins |
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Your Service Agreement is contained in these Terms & Conditions and the call rates published from time to time by us (click here for up to date information on call rates). By clicking "I Accept" during the sign-up process or by otherwise installing and/or using the Tesco Internet Phone software, you agree to enter into and be bound by this Service Agreement with Tesco Stores Limited (or our agent), Tesco House, Cheshunt, Waltham Cross, Hertfordshire, EN8 9SL; |
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3 |
Changes to this Service Agreement |
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We can change this Service Agreement (including our charges) at any time. We will notify you of any significant changes by email to the email address you gave us when you registered for Tesco Internet Phone. If you continue to use the Tesco Internet Phone service after the date on which the change comes into effect, your use of the Tesco Internet Phone service indicates you agree to the changed Service Agreement and will be bound by it. |
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4 |
Ending your Service Agreement |
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4.1 |
You have a 28 day cooling off period from the date you activate your Tesco Internet Phone account. If you would like to cancel your Service Agreement during those 28 days please email or write to us (see Contact us at paragraph 16). After that, you may cancel your Service Agreement at any time by emailing or by writing to our customer care team but please note that if you have purchased a call plan and you did not cancel within your 28 day cooling off period you will have to wait until the first three months of your Service Agreement have ended (see paragraph 9.9 on making changes to your call plan). We will confirm that we have received your request and that your Tesco Internet Phone service will be cancelled. You will be charged for all calls made prior to your cancellation. |
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4.2 |
We may end your Service Agreement at any time by emailing you and giving you 30 days notice. We may also end our Service Agreement with you immediately if: (a) you breach an important term of these Terms & Conditions (for example, you do not comply with paragraph 8.3 and we determine, at our sole discretion, that your use of the Tesco Internet Phone service is, or at any time was, inconsistent with normal residential use patterns), (b) you breach any other term of these Terms & Conditions and do not put it right within 7 days of us asking you to, (c) you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account(s), (d) you give us information about yourself which we reasonably believe to be false or misleading, (e) you are the subject of bankruptcy or insolvency proceedings, or if you do not make a payment under a judgement of a Court or fine, or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation, or (f) we are no longer able to provide the Tesco Internet Phone service to you despite making all reasonable efforts to do so. |
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4.3 |
We may end your right to use the Tesco Internet Phone telephone number at any time if you do not use it for a continuous period of 90 days or if you do not activate access to the Tesco Internet Phone service. We will contact you to let you know we are ending your right to use the Tesco Internet Phone telephone number. |
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4.4 |
Both of us must continue complying with this Service Agreement until we stop providing the Tesco Internet Phone service to you. The end of this Service Agreement, for whatever reason, shall not affect either of our rights or liabilities. |
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4.5 |
If you do not use your Tesco Internet Phone for 90 days we will disconnect you and you will lose your Tesco Internet Phone number and any credit that has not been paid for by you (for example, from a Tesco Telecoms eCoupon). If your Tesco Internet Phone is disconnected and you would like to reconnect it, you must call our customer care team. If we agree to connect you, you must pay a reconnection fee; details of the reconnection fee are available by calling our customer care team. |
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4.6 |
If your Service Agreement is cancelled in accordance with paragraphs 4.1, 4.2 or 4.5, any credit on your Tesco Internet Phone account that has been paid for separately by you will be returned to you provided you contact our customer care team within 30 days after the date of disconnection and request that it be refunded (but we will not refund credit that has not been paid for, for example from a Tesco Telecoms eCoupon). |
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5 |
Use of personal information - including fraud prevention |
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5.1 |
To learn how we collect and use your personal information, please click here to see the Privacy Policy. |
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5.2 |
If you change your name, address, telephone number or payment details you must let us know. Keeping your address up to date is particularly important, because this is the address emergency services will attend if called. |
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5.3 |
We may check your details with fraud prevention agencies and if you give us false or inaccurate information and we suspect fraud, we will record this. We may also pass information to financial and other organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. These records will be shared with other organisations and used by us and them to help make decisions about credit and credit related services for you and members of your household and trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts. Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household. |
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5.4 |
If you require details of those fraud prevention agencies from which we obtain and with which we record information about you, then we will supply them to you on request. Please contact Our customer care team to request this information. |
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5.5 |
We may monitor and record calls made to or by our customer care team for training purposes and to improve the services we offer you. |
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6 |
The Tesco Internet Phone service |
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6.1 |
We will use our reasonable endeavours to make the Tesco Internet Phone service available to you. We provide the Tesco Internet Phone service to you using your existing PC and broadband Internet connection. The only service that we provide to you as the Tesco Internet Phone service is to supply you with the Tesco Internet Phone software and a Tesco Internet Phone number to give you the ability to use your hardware with your existing PC and its broadband Internet connection to make voice calls over the Internet. We do not provide you with any other telephone numbers, a telephone line, or any other telephone, communications or computer equipment needed to use the Tesco Internet Phone service. When you use the Tesco Internet Phone service you are using part of your broadband upload/download allocation (if applicable) and you should contact your Internet service provider for more information on this. |
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6.2 |
The Tesco Internet Phone telephone number allocated to you to use the Tesco Internet Phone service can be transferred to another provider. In addition, you can port your existing landline telephone number to your Tesco Internet Phone number, subject to agreement from your existing provider. Porting your number to or from Tesco Internet Phone may incur a charge from your provider and we may also charge you for porting your existing number in accordance with our charges. |
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6.3 |
We may end your right to use the Tesco Internet Phone telephone number if we become unable to supply it to you, for example, in the event that the third party company from which we lease it stops supplying it to us. If this happens, we will give you 30 days notice and you can choose an alternative Tesco Internet Phone telephone number. |
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6.4 |
In the event that we have to allocate you a new Tesco Internet Phone telephone number (including under paragraph 6.3) we will transfer any remaining credit you have to the new Tesco Internet Phone telephone number. |
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6.5 |
When we provide you with the Tesco Internet Phone service, we will use the reasonable skill and care of a competent service provider, but we cannot guarantee that the Tesco Internet Phone service will always be available or fault-free and cannot guarantee that it will be secure or free from viruses and other similar threats. We recommend that you protect your PC by the use of adequate internet security including a firewall and virus checker. The Tesco Internet Phone service is dependent on other persons operating the Internet infrastructure (hardware and software) over which we provide the Tesco Internet Phone service, so it can be affected by things outside of our control. |
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6.6 |
Certain types of calls and services are not provided by us as part of the Tesco Internet Phone service. These include: (a) emergency numbers outside of the UK, operator assistance, 1471, 1571, numbers used for flat-rate internet access (those starting with 0844 04 or 0808 99); and (b) Fixed line services including Call Waiting, Call Display, Call Sign, 3-way Calling, Reminder Call and Ring Back. Please note that this list of calls and services is subject to change. Click here for a full list of telephone numbers that cannot be called using Tesco Internet Phone. |
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6.7 |
We believe that Tesco Internet Phone works with accessibility products such as screen readers. If you encounter any problems with accessibility, please let us know by emailing our customer care team at tescointernetphone@tesco.net. |
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7 |
Suspending your use of Tesco Internet Phone service |
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7.1 |
We may suspend your use of the Tesco Internet Phone service immediately: (a) if we need to carry out repairs, maintenance or the introduction of new aspects to the Tesco Internet Phone service (and we will try to restore the Tesco Internet Phone service as soon as we can), (b) if we are told to by the Government, the emergency services or any other competent or lawful authority, (c) to protect you under paragraph 7.2, or (d) if any of the circumstances in paragraph 4.2 occurs. |
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7.2 |
Sometimes, it may appear to us that there is an unusual use of the Tesco Internet Phone service (for example, the volume or destination of calls increases significantly). If this does happen we may suspend the Tesco Internet Phone service to protect you, for example to prevent you from using up your pre-paid credit. We will only ever suspend Tesco Internet Phone service like this in exceptional circumstances and will try to contact you beforehand (but this may not be possible). |
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8 |
Your use of Tesco Internet Phone service |
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8.1 |
You must use Tesco Internet Phone service in accordance with these Terms & Conditions and any other reasonable instructions we give you. Whilst we provide the Tesco Internet Phone service to you, you authorise us to act on your behalf in all dealings with any provider (as applicable) with whom we consider it necessary or useful to deal with in connection with Tesco Internet Phone service. |
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8.2 |
You must keep confidential all passwords you have nominated in connection with your Tesco Internet Phone account. We cannot disclose information about your account to anyone until we are satisfied as to their identity, and they have correctly quoted the password to us. |
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8.3 |
You may not, nor allow anyone else to, install the Tesco Internet Phone software or use the Tesco Internet Phone service: (a) for any unlawful purpose or not in accordance with fair use, (b) to make a call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services), (c) to breach the rights of any third party (for example, copyright), or (d) in any way which may damage or affect the operation or quality of Tesco Internet Phone service, the Internet or any other telecommunications system (in particular computer viruses, worms and spam should not be distributed across the Tesco Internet Phone service from or through any software or hardware you have connected to the Tesco Internet Phone service). If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we may suffer as a result. |
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8.4 |
The Tesco Internet Phone service is a retail service that is made available to you only for personal, residential use and not for commercial or business purposes. All commercial or business use is considered by us to be not in accordance with fair use. You may not, nor allow anyone else to, install the Tesco Internet Phone software or use the Tesco Internet Phone service for auto delivery, continuing or extensive call forwarding, telemarketing, solicitation, polling, fax or voicemail broadcasting. If you do use the Tesco Internet Phone service for business or commercial purposes in breach of these Terms & Conditions, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Tesco Internet Phone service is faulty or cannot be used by them. |
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8.5 |
We (or our licensors) are the owners of all intellectual property rights in the Tesco Internet Phone software. |
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8.6 |
We grant you a non-exclusive and non-transferable licence only to use the Tesco Internet Phone software in accordance with these Terms & Conditions. |
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8.7 |
You must ensure that your access to the Tesco Internet Phone service is not illegal or prohibited by laws which apply to you. |
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9 |
Charges |
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9.1 |
The charges for the Tesco Internet Phone service, including details for call plans, are shown on the call rates page. Click here to see this. To use the Tesco Internet Phone service we require you to register and then to top-up your account with credits if you wish to make chargeable calls. |
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9.2 |
You can pay by any American Express, Mastercard or Visa credit card or by Switch, Maestro (domestic only), Solo, Delta or Electron. Your credit/debit cards will be encrypted to minimise the possibility of unauthorised access or disclosure. All payments will be taken in Pounds Sterling. |
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9.3 |
You can also pay by direct debit, which can be set up when you apply for Tesco Internet Phone. The direct debit guarantee is offered by all banks and building societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own bank or building society. If the amounts to be paid or the payment dates change, we will notify you 10 days in advance of your account being debited or as otherwise agreed. If an error is made by us or by your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid. You can cancel a direct debit at any time by writing to your bank or building society. Please also send a copy of the letter to us. |
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9.4 |
You do not have to have a credit/debit card to use Tesco Internet Phone, however you do need a credit/debit card to sign up to a call plan or top up your Tesco Internet Phone account online. If you are paying for the Tesco Internet Phone service on a credit/debit card please make sure that you always have in place a registered and up to date payment card. |
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9.5 |
If you are paying for the Tesco Internet Phone service on a credit/debit card you must be at least 18 years of age. |
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9.6 |
Calls to other Tesco Internet Phone numbers are free. Other calls are chargeable. Prices may be subject to change so please click here to see the call rates page for up to date pricing. Prices include VAT. |
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9.7 |
Your call history log will show what calls have been made through your account and the applicable charges (which are shown including VAT). We do not supply an additional VAT invoice. If you require a summary VAT invoice you can download this as a pdf from our website. |
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9.8 |
If you do not maintain your direct debit payments, you must pay by another method. If a direct debit payment fails and we have your credit/debit card details we may take payment from your card. We will send you an email informing you that we have taken payment in this manner. If direct debit payments continue to fail on a regular basis, we may stop your use of the Tesco Internet Phone service. |
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9.9 |
Because of the way the payment system works, you may not downgrade your call plan during the first three months of signing up to your all plan. |
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10 |
Access to emergency services |
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10.1 |
You can make calls to the emergency services within the UK using your Tesco Internet Phone provided you have registered with us a valid address. However the service will not operate if your broadband connection or the power supply fails. You should not therefore rely on it when making calls to the emergency services. If you do call the emergency services, they will identify your location as the address you provide us with - so it is important to provide the correct address and always keep it up to date otherwise your location is not identifiable to the emergency services. Because of the way the emergency services database is updated by our third party provider, it will take around a week for the emergency services database to show any new address you tell us. |
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10.2 |
To ensure access to emergency services during a power cut we recommend that you have in place a telephone that does not rely on a separate power supply (for example, a non-‘DECT’ phone). |
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11 |
Clubcard information |
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Don't forget, if you have a Clubcard, you can earn Clubcard points for making calls. This is calculated as 1 point for every £1 of chargeable calls and on your monthly subscription. You only start to earn points after you have registered your Clubcard with Tesco Internet Phone. Points are awarded after your credit is used or payment for calls taken. It may take up to seven weeks from when you make the call for your Clubcard points to reach your Clubcard account, when you will see the points on your Clubcard statement. |
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12 |
Our responsibilities to you |
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12.1 |
We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence (or our agent's negligence), (b) fraud, (c) any liability under Part I of the Consumer Protection Act 1987, or (d) any of our liabilities that cannot by law be restricted. |
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12.2 |
We are responsible for direct losses you suffer as a result of us breaking this Service Agreement with you if the losses are a foreseeable consequence to both of us at the time you enter into this Service Agreement. Our liability shall not in any event include losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us (such as business losses such as loss of profits, wasted expense or loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting our customer care team. |
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12.3 |
Subject to paragraph 12.2, we will also not be responsible for any faults, damage or maintenance to your PC, modem/router or telephone line. You must contact your Internet service provider to deal with problems with your Internet connection or your fixed line provider for problems with your telephone line. If you do experience a problem with the Tesco Internet Phone service you should first telephone our customer care team. If the problem relates to another provider we may suggest that you contact your provider directly to resolve the problem. |
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The Internet and other events beyond our control |
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13.1 |
Internet service providers provide your Internet access and other providers provide the public telephone network. Because of this, there may be times when the Tesco Internet Phone service is unavailable. Unfortunately, this is beyond our control and there is nothing we can do to prevent this. |
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13.2 |
We shall not be responsible for any delay or failure to provide the Tesco Internet Phone service for reasons beyond our reasonable control, for example fire, explosion, lightning, storm, tempest, flood, earthquakes, riot and civil commotion, failure by a utility company, local authority or other such body, any failure or shortage of fuel or transport, war, civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute. |
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14 |
General provisions |
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14.1 |
You may not transfer any of your rights or responsibilities under these Terms & Conditions to anyone else without obtaining our consent. We can transfer all or any part of our service with you at any time provided the service you receive is not significantly reduced. |
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14.2 |
If at any time we do not require you to comply with these Terms & Conditions, this does not prevent us from asking you to at a later time. |
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14.3 |
If any part of these Terms & Conditions is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of the Terms & Conditions, which shall remain in force. |
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14.4 |
Any notices or communications that you send to us will be sent to our customer care team. Any notices or communications that we send to you will be sent to the email address you registered with us. |
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14.5 |
A person who is not a party to your Service Agreement with us has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any part of this Service Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. |
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14.6 |
English law applies to your Service Agreement with us, and any disputes about this Service Agreement will be decided exclusively within the English courts. |
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15 |
Complaints |
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15.1 |
We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact our customer care team. |
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16 |
Contact us |
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16.1 |
If you have any queries please contact us. |
Last Updated: 29/08/2007