Legal Disclaimer
MicroTalk Code of PracticeMicrotalk’s Code of Practice on Handling Complaints and Resolving Disputes for Domestic and Small Business CustomersThis code of practice does not remove any of your legal rights as a customer, nor does it form part of a contract between you and Microtalk. This Code of Practice is published by Microtalk UK Limited (referred to as Microtalk in this document).
You can contact us in any of the following ways: By phone: 0800 814 4404 for landline and broadband services. These numbers are free from your landline telephone and otherwise are charged at the telephone provider’s rates. By e-mail: customerservices@microtalk.co.uk In writing: Customer Services, Microtalk, Suite 2, Vista Business Centre, 50 Salisbury Road, Hounslow, Middlesex, TW4 6JQ You can also visit us at: http://www.microtalk.co.uk You will find contact details of useful organisations in section 24. 4. Background and services Microtalk offers telephony services to residential consumers as well as to business users. These services include line rental, voice calls, internet access and mobile telephone services. We use the telecoms network of our partner company, Telstra UK Limited, for our line rental, voice calls and broadband services. Telstra owns a UK national telecommunications network that is connected to BT and several other network operators. 4.1 Line rental We provide line rental, which allows you to obtain from us the telephone line(s) on which you make your calls or access the internet. We may provide the line rental service to you using wholesale line rental (where we buy this product from BT). The local loop (also known as “the last mile”) is part of the BT telephone network and is the physical link – the copper wires – between your home and the local telephone exchange. In the past, this has meant that telephone and broadband users have needed a phone link with BT to make and receive telephone calls and/or use broadband services from other suppliers. LLU allows BT competitors to install their own equipment into BT’s telephone exchanges so that BT’s copper wires are physically switched to their equipment. If you take our line rental service, you must also take our voice call service. 4.2 Voice calls We provide a service that allows you to make telephone calls via our network. We may provide the voice call services using LLU or carrier pre-selection (CPS). CPS enables you to pre-select an alternative carrier to BT for certain kinds of calls, and to be billed directly by that carrier without needing to dial codes before each call or have a router box plugged into the line. 4.3 Internet access We provide a broadband service. Broadband is the high-speed ‘always on’ access to the internet supplied to your home through your landline using LLU or CPS. 5. Sales and marketing activities 5.1 Background Microtalk is one of the leaders in providing telephone services to consumers and businesses in the UK. Customers join us through residential marketing, over the telephone, through the internet and by signing up through affiliates and associates. We are committed to giving outstanding service, which includes our sales and marketing activities. It is essential that our customers understand, at the point of sale, the services offered and the contract they are making. When dealing with our customers, we focus on following principles:
Microtalk keeps all official codes of practice, including advertising and consumer-protection regulations. This includes the Mailing Preference Service, the Telephone Preference Service, the Fax Preference Service and the E-Mail Preference Service. Our advertising and promotions comply with the British Codes of Advertising and Sales Promotion. We always aim to ensure that our advertising and promotional literature is clear, unambiguous, accurate and fair and correct at the time of going to press or electronic media and that it does not contain any false or misleading information about price, value or service. We do not defame other providers of telecommunications or broadband internet services. 5.3 Recruitment We follow strict procedures when we hire and train sales agents who will market and sell our services in face-to-face sales, telephone sales or residential sales. We do not discriminate based on age or gender or race. While employing someone, we always look for references. 5.4 Sales training After recruitment, all our sales agents are trained to ensure they have sufficient understanding of the relevant sections of this code. We also put our sales agents to go through a continuous training programme to update their knowledge as and skills. 5.5 Customer contact We want to ensure that you have a pleasant and reassuring experience whenever you come into contact with any of our sales agents. We keep to the following principles when we contact new customers:
You may make a contract for Microtalk services in three separate ways:
When we ask you to make a contract for Microtalk services, our representative will provide the following information:
When you sign a contract for our landline telephony or broadband service at home or campaign stalls You will be asked to initial each of the following statements listed on the contract:
You will be prompted to read and agree to the full terms and conditions before completing the transaction of signing up for Microtalk. The final page will confirm your personal details. We will send you a welcome pack, including a summary of our terms and conditions, by post. A copy of our full terms and conditions is available on our website at http://www.microtalk.co.uk. 5.7 Order processing After you have agreed to take the Microtalk landline telephony service. You will receive a Microtalk welcome pack either when you sign the contract or, if you agree to it on the phone, at your home address within seven working days. You will receive at your home address a letter that contains the following information:
We aim to complete the process from agreement to the service going live within 20 working days. We reserve the right not to make agreements. Cancelling Microtalk after you have gone live takes 10 working days from the date we receive a request to cease the service, as we are obliged to follow the procedures that the industry (including BT) has agreed to. During this period, you remain liable for the costs of any services we provide. 5.8 Cancellation and refunds If you wish to cancel any of your Microtalk services, you can do so in writing, by phone or by e-mail (contact details are set out in section 3). If you cancel the Microtalk line rental, voice calls or internet access service within 10 working days from your order, we will not charge you for doing so. A minimum contract period applies to the services (12 or 18 months depending on the services you take). We will make a termination charge if you cancel within your minimum contract period (but not if you cancel your broadband service during any agreed trial period). This charge is the lower of the amount we have to pay for disconnecting you or the total monthly fees you would have had to pay under your contract up to the end of the minimum contract period. If you want to cancel the voice calls service, you must give us 15 days’ notice. If you want to cancel the line rental, internet access, you must give us 30 days’ notice. If there is a fault with your service, you should contact customer services (contact details are set out in section 3). We will try to repair a service failure in line with the repair service you have chosen. You may also claim compensation if we fail to repair your service when we said we would. Please contact customer services or visit our website for details. If you are a previous Microtalk customer and wish to come back to Microtalk, please call us on 0800 814 4404. We will aim to get you reconnected as soon as possible, subject to our normal debt-collection procedures. 5.9 Consumer protection and other legal requirements We comply with all applicable consumer protection law and other legal requirements. 5.10 Audit We will make regular audits of our systems, procedures and documents to ensure we comply with our code of practice. 5.11 Customer service Our customer service representatives can help with all your queries, including products, billing and tariffs, at the following times: Monday–Friday 9am–5pm Saturday 9am–5pm Except Sundays and bank holidays If you have any service enquiries, please call us on 0800 814 4404for landline and broadband. Alternatively, you may write to our customer service centre at: Customer Services, Microtalk, Suite 2, Vista Business Centre, 50 Salisbury Road, Hounslow, Middlesex, TW4 6JQ Or e-mail us through: customerservices@microtalk.co.uk 5.12 Responsibility for complying with the sales and marketing code Microtalk is responsible for making sure all Microtalk representatives comply with the code. Our Compliance Manager is accountable for ensuring that we and our agents observe the code, and is also responsible for handling complaints relevant to the code. You can contact our Sales Compliance Manager in the following ways: Address: Sales Compliance Manager, Microtalk, Suite 2, Vista Business Centre, 50 Salisbury Road, Hounslow, Middlesex, TW4 6JQ Web: http://www.microtalk.co.uk Telephone: 0800 814 4404 6. Ordering, minimum period and cancellation 6.1 How you order Microtalk Services You may order Microtalk services in three different ways:
6.2 Minimum contract period A minimum contract period applies to the services (12 or 18 months depending on the services you take). 6.3 Cancellation and refunds If you wish to cancel any of your Microtalk services, you can do so in writing, by phone or by e-mail (contact details are set out in section 3). If you cancel the Microtalk line rental, voice calls or internet access service within 10 working days from your order, we will not charge you for doing so. If you want to cancel the voice calls service, you must give us 15 days’ notice. If you want to cancel the line rental or internet access, you must give us 30 days’ notice. During these periods, you remain liable for the costs of any services we provide. We will make a termination charge if you cancel within your minimum contract period (but not if you cancel your broadband service during any agreed trial period). This is the lower of the amount we have to pay for disconnecting you or the total monthly fees you would have had to pay under your contract up to the end of the minimum contract period. If there is a fault with your service, you should contact customer services (contact details are set out in section 3). We will try to repair a service failure in line with the repair service you have chosen. You may also be able to claim compensation if we fail to repair your service when we said we would. Please contact customer services or visit our website for details. 7. Fault repair You can report faults to our customer services centre on 0800 814 4404 at the following times: Monday–Friday 9am–5pm Saturday 9am–5pm Except Sundays and bank holidays Faults can occur on the Microtalk network, another operator’s network, or on the phone used by you or the person you are trying to call. If the fault is reported during normal working hours, we will try to establish its location. We may ask you to carry out some simple checks to help us find the cause. If you have a Microtalk line, repairing faults on our network is part of the maintenance cover we provide with our service. If you have a BT line and the fault is not on our network, we may not be responsible for repairing it. If the fault is on the BT network, you may need to report this fault to BT directly. To report a BT fault, call BT Residential on 0800 800 151. 8. Pricing We will be pleased to give you our prices on request. For pricing information please visit http://www.microtalk.co.uk or call us on 0800 814 4404 for landline or broadband services. 9. Billing We will send you a monthly bill. Your first bill will be issued about two weeks from the time that your Microtalk service begins and then at about the same time of the month in subsequent months. Payment is by direct debit or periodic credit/debit card payment. 10. Online billing This free, efficient service offers a fast and simple way to view and access your Microtalk telephone account. The online billing system gives you instant access to your Microtalk invoices. If you would like to discuss online billing, please call Customer Services on 0800 814 4404 or register via Microtalk’s website at http://www.microtalk.co.uk. The information provided online is the same as on our paper bills. 11. Disconnection for non-payment Prompt payment of bills helps us keep our costs down so that we can continue to offer a highly competitive service. Please call us as soon as possible if you think you may have difficulty paying your bill. If there are special circumstances, we may be able to agree special arrangements with you to prevent disruption of your telephone service. If a bill is not paid, we will make reasonable attempts to resolve the matter with you. However, if we cannot get a satisfactory explanation for the non-payment, we may suspend or disconnect your service in accordance with our terms and conditions. 12. Billing queries We take billing accuracy very seriously. If you disagree with or do not understand your bill, please call us on the number quoted on your bill. You are liable for the costs of any calls that you make over our network. If you query the charge for calls you made, we will re-check the bill. If we find a mistake, you will be credited accordingly. 13. Difficulties in making or receiving calls If you have difficulty in making a call, you should try re-dialling. If you still have difficulty, please call us on 0800 814 4404. Problems can occur on the Microtalk network, another operator’s network, or on the phone used by you or the person you are trying to call. If the problem is reported during normal working hours, we will try to establish the location of the problem. We may ask you to carry out some simple checks to help us find the cause of the problem. 14. If you are dissatisfied with Microtalk’s service 14.1 How to make a complaint If you are not happy about any aspect of our products, our services or our sales and marketing activities, then we want to hear from you. To make a complaint, please call us on 0800 814 4404 to speak to a customer advisor or email us through We usually find that any issues can be dealt with at this stage, but if you are not totally satisfied, you may ask for the matter to be referred to a team leader or manager for more help. You can also contact us in writing at: Customer Services, Microtalk, Suite 2, Vista Business Centre, 50 Salisbury Road, Hounslow, Middlesex, TW4 6JQ 14.2 Still not happy? If you have made a complaint to us and you are not totally satisfied with our response, you can refer your complaint to a customer liaison manager by writing to us at: Director - Customer Services, Microtalk, Suite 2, Vista Business Centre, 50 Salisbury Road, Hounslow, Middlesex, TW4 6JQ 15. Resolving disputes If you have concerns, you should always contact us first, and we will do our best to sort out any problems. However, if we can’t resolve your complaint satisfactorily, we will write to say so. When you receive this letter or if more than 3 months has passed since you first raised the complaint with us, you have the right to refer your case to the Office of the Telecommunications Ombudsman (Otelo) who will asses your case and make an independent decision, to which Microtalk is bound. Contact details are as follows: Office of Telecommunications Ombudsman, Wilderspool Park, Greenall’s Park, Warrington, WA4 6HL Website: www.otelo.org.uk 16. Your rights and obligations 16.1 Data protection We may collect personal information about you from various sources. These may include:
We may record phone conversations for training purposes or to provide evidence of a transaction. If you wish to know what personal information we hold on you, you can get this by writing to: Customer Services, Microtalk, Suite 2, Vista Business Centre, 50 Salisbury Road, Hounslow, Middlesex, TW4 6JQ You may wish to stop unsolicited telemarketing calls and faxes from other organisations. If you register with the Telephone Preference Service (TPS) and the Fax Preference Service (FPS), this may prevent some of these calls and faxes. The contact details for the TPS and FPS are given in sections 20 and 21. You should note that if you have previously told us that you are happy for us to contact you by phone, registering with the TPS will not change that consent. So you would also need to contact us directly to let us know that you have changed your mind. 16.2 Terms and conditions Our full terms and conditions are available on request from our customer service advisers on 0800 321 3023 or on our website at http://www.microtalk.co.uk. 16.3 Protection and support of vulnerable groups Microtalk supplies telecommunications services to residential customers. We understand that some of our customers may have special needs and so require particular attention. Under our policy we help any customers who may have difficulty using telephony services, whether they have a disability or are from other vulnerable groups. 17. Phonebook entry If you have a BT line, then using Microtalk’s CPS (carrier pre-select) services will not affect your phonebook entry. With a BT line, you have a right to be included in the BT phonebook and directory enquiries, free of charge. You may also choose to be ex-directory. 18. Premium-rate and number translation services You may find the following information useful in case you are unsure about premium-rate (09 numbers) and number translation services (08 numbers). 18.1 Premium-rate services ICSTIS – the premium-rate services regulator ICSTIS is the industry-funded regulatory body for all premium-rate charged telecommunications services. It regulates premium-rate services in their entirety – their content, promotion and overall operation – through the ICSTIS code of practice. ICSTIS’s role is to prevent harm to consumers. ICSTIS investigates complaints about the promotion and operation of services that involve the use of a telephone connection via a premium-rate number. This includes services available through various mediums such as voice (telephone), fax, Internet, mobile phone SMS and interactive TV. ICSTIS regulates any service/promotion that is operating on one of the following number ranges:
How to complain to ICSTIS If you think a particular service falls within ICSTIS’s remit, you can submit a complaint to them. There are various ways of submitting your complaint but before you do, we recommend that you visit their online number-checking facility for instant information about the number in question. After that, please use one of the following methods:
You will find up-to-date information about the tariffs for calling PRS numbers from our network on our website (http://www.microtalk.co.uk). How PRS works Calls to PRS numbers are typically more expensive than calls to other telephone numbers. Most PRS numbers operate on the basis of a revenue-sharing arrangement. This means that the bulk of the revenue from calls to such services goes to the service providers who are responsible for the content, product or services provided or who act as resellers or “aggregators” on behalf of a number of such providers. The service providers are responsible for complying with most of the obligations imposed by the ICSTIS code of practice mentioned above. The rest of the revenue is shared by:
We offer the facility to bar calls to premium rate numbers, which will stop any dialing on your line to all UK-based premium numbers. If you want to place a premium bar on your line or need to check whether you already have an active bar in place, please call our Customer Service Team on 0800 321 3023. Rogue Internet or trojan diallers There is currently a scam that infects computers with a dial-up Internet connection. It changes the way your computer connects to the Internet and is difficult to detect. The scam can occur when you are browsing a compliant and proper Internet services website, often with premium-rate content. Examples of websites that have available premium-rate content to download to your computer include music, films and adult material. When you access one of these sites a message should appear asking you to install software to download material from the website at an explained additional cost. What is a trojan? A trojan is a programme that infects your computer and allows a hacker to run hidden tasks without your knowledge or consent. The latest trojans can re-configure your dial-up connection and charge you at a premium or international call rate when you access the Internet and click on a seemingly harmless pop-up or link. The next time you dial up to connect to the Internet you will be charged at a premium rate or international call rate. That’s the scam. How to prevent infection The best way of preventing infection is to install the latest software to protect your computer, and always to get the latest upgrades and patches from your supplier. Using anti-virus and firewall protection programs will help reduce the risk. We strongly recommend that you use extra safety measures as well as the standard anti-virus programs. Please speak to your PC supplier for further guidance. We also recommend that you keep your operating system patched with the latest upgrades from your software’s manufacturer. Microsoft Windows users: please visit http://windowsupdate.microsoft.com to ensure your PC settings are up to date. Disputes about PRS numbers on your phone bill Otelo can investigate if you have a complaint that we cannot resolve about calls to PRS numbers appearing on your phone bill. Furthermore, ICSTIS may order a PRS service provider to pay you a refund if they have completed an investigation and the outcome requires this. If it can be shown that your phone has been used without your permission to call certain types of premium rate service, ICSTIS may also be able to help you get compensation from the PRS provider. ICSTIS will also be able to help you identify the service provider who provides the service behind the PRS number on your phone bill. Please visit its website at http://www.icstis.org.uk. 18.2 Number-translation services We publish our charges for calls to number translation services (numbers starting with 05 or 08) on our website (http://www.microtalk. co.uk) and in our price list with the same prominence as our charges for calls to other numbers (including geographic, mobile and international numbers). Our published charges for calls to number translation services will include variations by time of day, for example, whether the call is made during the day, evening or weekend. We also make it clear whether any of our special offers, discount schemes or call bundles includes calls to number-translation services. Whenever we refer to call pricing in our marketing material, we include our maximum number-translation services call prices as well as a clear reference to where on our website and in our published price list you can find a complete set of our charges for calling number-translation services. If you are a new customer who signs up for the Microtalk service, we include on the relevant correspondence, our maximum number-translation services call prices. We also state a clear reference to where on our website and in our published price list you can find a complete set of our charges for calling number-translation services. 19. Malicious calls Malicious calls can cause annoyance and distress and we take this problem very seriously. If you are receiving malicious calls, we would like to help in every way we can to try to resolve the problem. This may involve working with BT, the police and other network operators where appropriate. You should be prepared to give evidence if the caller is traced and brought to court. We may also recommend that you change your phone number and ask for it to become ex-directory if you continue to receive such calls. If you have a CPS (carrier pre-select) only service with us, we recommend that you call BT’s Nuisance Call Advice line on 0800 661441 to report any malicious calls. 20. Telephone Preference Service If you do not wish to receive unsolicited telemarketing calls, register online at http://www.tpsonline.org.uk or call 020 7766 4420. 21. Fax Preference Service If you do not wish to receive unsolicited telemarketing faxes, register online at: http://www.fpsonline.org.uk or call 020 7766 4422. 22. Where to get a copy of the code We refer to the code in the welcome letter sent to all customers signing up for the telephone service, and tell them how to get a free, full copy of the code. The code is available in pdf format through a link on the front page of our website, http://www.microtalk.co.uk. You can also call us to ask us to send a paper copy to your home address. 23. Responsibility for complying with the code Microtalk is responsible for making sure all Microtalk representatives comply with the code. Our Compliance Manager is accountable for ensuring that we and our agents observe the code, and is also responsible for handling complaints relevant to the code. You can contact our Director of Customer Operations in the following ways: Address: Director - Customer Services, Microtalk, Suite 2, Vista Business Centre, 50 Salisbury Road, Hounslow, Middlesex, TW4 6JQ Web: http://www.microtalk.co.uk Telephone: 0800 814 4404
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