CALL CHARGES FOR 08 NUMBERS

Ofcom may introduce changes in regulation which will affect call charges to 08 numbers. This may result in changes to Call Charges and other changes to terms and conditions.

1. 0845 CHANGES

CALL CHARGES FOR 0845 NUMBERS

Ofcom may introduce a change in regulation which will affect call charges to 0845 numbers. This may result in changes to Call Charges and other changes to terms and conditions.

2. 0870 CHANGES

(i) Subject to paragraph (ii) below, where calls are being made to the 0870 number(s) on and after the 1st February 2008, the Customer will continue to receive Call Payments, if applicable, at the rate in force prior to the 1st February 2008 and will not be required to pay call charges.

(ii) Ofcom's implementation of a change in regulation on 1st August 2009 affects call charges to 0870 numbers. From this date, Call Payments are withdrawn and Call Charges apply. Other changes to terms and conditions apply. Please refer to the relevant sub parts of this Part for details.

3. TELEMARKETING SERVICE - GENERAL

Telemarketing Service is provided under the following conditions:

BT's Terms and Conditions for Business Service; or

BT Terms and Conditions for Telemarketing Service (Bespoke only); or

BT's Contract for BT Business Communications Service (Telemarketing Service)

The above terms may be varied by this Price List and the terms of the Price List are incorporated into the above Conditions under the definition of Contract within those terms.

4. CONDITIONS APPLICABLE TO ALL TERMS AND CONDITIONS LISTED ABOVE FOR THE PROVISION OF TELEMARKETING SERVICE

Contracts Entered into before the 19th January 2007 which include the 0870 Number Range

In the event that Ofcom introduces changes in regulation after the 1st February 2008 which results in BT charging callers to 0870 the equivalent of the national geographic rate (national rate calls to numbers starting 01 or 02), the following will apply from the date the change in regulation takes effect (the “Effective Date”):

1. BT will cease paying Call Payments against 0870 numbers and the Customer will be liable to pay call charges. Details of call charges that will apply have been or will be supplied in writing to the Customer prior to the Effective Date.
2. Customers who elect to move to a new contract with BT for a new number in the 0800, 0808, 0844, 0871 or 03 ranges will not be liable to pay early termination or underachievement charges if the new contract is entered into prior to the Effective Date.

In the event that PhonepayPlus, introduces a Code of Practice covering the 0871 number range, BT will have the right to amend the Contract to include such provisions as BT deems necessary to meet the requirements of the Code of Practice

Contracts Entered into from the 19th January 2007 which include the 0870 Number Range

(i) In the event that Ofcom introduces changes in regulation after the 1st February 2008 which results in BT charging callers to 0870 the equivalent of the national geographic rate (national rate calls to numbers starting 01 or 02), the following will apply from the date the change in regulation takes effect (the “Effective Date”):

• BT will cease paying Call Payments against 0870 numbers and the Customer will be liable to pay call charges. Where the Customer has specified on the Order Form an alternative number range, the Call Payments (as appropriate), call charges, connection charges and rental charges applicable to the alternative number range will apply to the alternative number. Where calls are being made to the 0870 number on and after the Effective Date, the 0870 call charges set out in the Order Form will apply to those calls and Call Payments will cease. Where the Customer and BT fail to agree an alternative number range prior to the Effective Date, the call charges applicable to the 0870 number range as specified on the Order Form will apply from that date.
• (ii) In the event that PhonepayPlus, (formerly ICSTIS - Independent Committee for the Supervision of Standards of Telephone Information Services) introduces a Code of Practice covering the 0871 number range, BT will have the right to amend the Contract to include such provisions as BT deems necessary to meet the requirements of the Code of Practice.
• (iii). The Customer acknowledges and agrees that amendment of the terms and conditions under paragraph (i) and (ii) will not be a change to the Customer's significant disadvantage.

Change Requests and Contract Termination Notices during 2009

Changes under the UK Telecommunications regime which are coming into force in 2009 may lead to an increase in the number of change requests and notices received by BT in connection with 0870 Service. There are technical limitations to the number of changes BT can complete in any one working day.

Accordingly, during the period of 3 months before and 3 months after the date of the change, there may be a delay in dealing with change requests and contract termination notices. In respect of termination notices under clause 10.2 (a) of BT's Terms and Conditions for Business Service or clause 6.2 (a) of the Conditions for BT Business Communications Service (Telemarketing Services) as applicable, whilst BT will endeavour to terminate Service on expiry of the 7 day notice, the notice requirement is hereby extended by the number of extra days (which will not extend greater than 28 days) it takes BT to complete the termination.

For the avoidance of doubt, if the Service continues to be provided beyond the 7 day notice period and for no more than the extra 28 days, the Customer will remain liable for all charges until the Service is actually disconnected by BT. If Service continues after the extra 28 days, the customer will be responsible for the charges only up to the end of the extra 28 days.

Customer Responsibilities - Network Congestion

The Customer, must use reasonable endeavours to ensure that the number of attempted Calls neither significantly exceeds the Customer's answering capability, nor causes congestion on the BT network. Should BT's network be congested because of the Calls to the Customer number, BT will notify the Customer and the Customer must promptly take all reasonable steps to prevent such network congestion.

Reasonable steps include; renting additional network capacity, or adjusting promotional activities for the Service (or both), or taking Managed service or using call bureaux on a temporary basis. If BT is unable to contact the Customer or the Customer fails to take reasonable steps to promptly prevent the network congestion, BT may take whatever action is necessary to prevent such congestion, including suspending the Service.

The Customer must give BT at least six (6) working days' written notice before advertising a number allocated to the Customer by BT for use with the Service, using mass media.

Service Limitations

BT 0870 and BT Contactcall 0844 and 0871 services can only be provided if the Customer has a contract with BT for the provision of telephone service.

Telemarketing Services Advanced Features, Inline Services and Intelligent Contact Management (ICM)

Advanced Features and Inline Services are a range of network based features offering additional functionality on BT Telemarketing Service calls. The Telemarketing Service Customer will rent a number at the usual rates and then take a range of features as required. These features are built up into a Call Routing Plan which routes calls depending on various criteria. As well as connection and rental charges for the individual feature, there is an additional Call Charge for BT Telemarketing Service numbers using Advanced Features and Inline Services. For charging details please see relevant subpart within this Part of the BT Price List.

Specific Conditions for Advanced Telemarketing Services

Each Advanced Telemarketing Service number must have its own Call Routing Plan : two Advanced Telemarketing Service numbers may have identical plans, however these will be treated as separate plans and may not share the same plan.

Any number of PSTN/ISDN numbers may be applied to a single BT Call Director Call Routing Plan. However, within each Call Routing Plan all PSTN/ISDN numbers are converted to a single intermediate routing code. Two intermediate routing codes may have identical plans, however they may not share the same plan.

Call Routing

Customers using on-line control of their Advanced Features and Inline Services must ensure that the on-line call routings they define do not adversely affect BT's network. Should BT's network be affected, BT reserves the right to withdraw the Customer's ability to change call routing plans via the on-line facility, until the network recovers. As a consequence of this, BT may require the Customer to provide advance notice of future call routing changes, before on-line access is restored.

Customers may opt to provide their own Personal Computer (PC) equipment and layered software products (collectively refered to here as `CPE') to run ICM (Intelligent Contact Management). Where this option is chosen, it is the Customer's responsibility to install and maintain the PC and to maintain the layered software products. BT will install and configure the ICM software on the Customer's PC equipment.

In addition to connection and rental charges there is call charge for BT Telemarketing Service numbers using ICM (please see paragraph below on ICM).

Changed Number Announcement (C.N.A.)

CNA provides a Customer who is ceasing or changing Freefone 0800, 0808/BT 0845/BT 0870/BT Contactcall 0844 and 0871 numbers a facility which allows calls to be directed to a standard recorded announcement, on network answering equipment, which advises callers to dial the appropriate number. Callers are charged the rate applicable to the number dialled. Customers with 0870 numbers connected to CNA will be liable to pay call charges for calls made to the 0870 numbers from the date Ofcom introduces a change in regulation (which is expected to be in 2009) which results in BT charging callers to 0870 the equivalent of the national geographic rate (national rate calls to numbers starting 01 or 02)..

The facility will be provided for a maximum period of 3 months however, provision of CNA is subject at all times to the availability of appropriate facilities and BT does not guarantee to provide CNA on request from the Customer.

CNA is not available where the Customer is taking Parallel Running.

Announcement

Due to technical limitations, Announcement must not be used in order to inform callers to a number that the number is being ceased or is to be changed on a permanent basis. BT reserves the right to suspend the use of the feature without notice for breach of this provision or if, in BT's reasonable opinion, the feature is being used in any way as an alternative to CNA.

Updating Announcements

Customers using a number of Advanced Features and Inline Services have the ability to update their own announcements via the PSTN or on-line. The capacity to make updates is shared between all customers and relies upon the demands for announcement updates being randomly generated over time. It is a manual interface and is not capable of supporting simultaneous demands from large numbers of customers or computer automation to deliver announcement updates in parallel. To provide all Customers with a reasonable level of access to this update service and to ensure that no single Customer can significantly degrade the service available to the rest, BT must impose a per customer limit on the use of this service. If the number of announcement update activities instigated by a Customer adversely affects the ability of other customers to make updates, BT reserves the right to withdraw the service from that Customer. This will mean they will not have the ability to update their announcements.

International Advanced Features and Inline Services

The Connection, Rental and charges for alterations to Your request for and to the services, are as those for Advanced Freefone Features Scheme1 - detailed above. No Call Charge supplements will apply to International Freefone or Universal Freefone service using Advanced Features and Inline Services.

Call Charges will be applied at either normal incoming International Freefone rates or transit rates (detailed in Section 2. Part 7) depending upon call destination.

UK originating calls are excluded from the International Freefone Advanced Features and International Inline Services.

Restrictions on Advanced Features and Inline Services

• Up to 10 destinations per advance service plan
• UFS calls originated and terminated from within the UK
• All the Advanced Features and Inline Services available on the UK service are available on this service and priced identically
• UFS calls originating from outside the UK

All the Advanced Features and Inline Services available on the International Freefone Service are available on this service and priced identically.

Plan Charges

Additional plans, which replicate an existing plan, will not be charged for. Any variations will be charged as separate plans.

Customers provided with service prior to 1 August 1993 will not be charged rentals if their advanced feature plans have not been changed.

Configuration Information

BT cannot configure and provide the Advanced Features and Inline Services until the Customer has provided BT with the necessary information. Customers ordering Advanced Features and Inline Services must co-operate with BT, and provide the relevant information requested to enable BT to configure and provide the Service within the required timescales.

Intelligent Contact Management - Termination Charges

Customers on a 1 year Contract (12 month Minimum Period) who terminate before the end of the Minimum Period will pay the rental applicable for the remainder of the Minimum Period.

Customers on a 3 year Contract (36 month Minimum Period) who terminate before the end of the 36 month Minimum Period will pay the difference between the rental applicable for a 3 year contract (36 month Minimum Period) and the rental for a 1 year contract (12 month Minimum Period) for the unexpired Minimum Period.

Customers on 5 year contract (60 month Minimum Period) who terminate before the end of the end of the 60 month Minimum Period will pay the difference between the rental applicable for a 5 year contract (60 month Minimum Period) and the rental for a 1 year contract (12 month Minimum Period) for the unexpired Minimum Period. Customers who terminate after the 3rd anniversary of the Contract but before the end of the 5 year term (60 month Minimum Period) will pay the difference between the rental applicable for a 3 year contract (36 month Minimum Period) and the rental for a 5 year contract (60 month Minimum Period) for the unexpired Minimum Period.

Customers who terminate their ICM contract before the expiry of the full Minimum Period will be liable for Early Termination Charges.

Additional early termination charges will also be raised where any Customer including those on one year Contracts (12 month Minimum Period) ceases service within three years of first taking service. The Customer has two options to pay for these additional early termination charges. The Customer has to decide at the time of first taking service the Customer subscribes to Option 1.

Option 1: This option is no longer available for new service 1st January 2001. Under this option the Customer pays the additional charges set out below at the time of first taking service. The Customer also commits to paying the CallerProvided Information (CPI) upgrade charges if the Customer upgrades within 3 years.

Under this option Customers also receive a quarterly credit up to the end of the third year. The payment of the credit ends after three years or when the Customer ceases service whichever is earlier. The quarterly credit is offset against the Customer's quarterly rental charge.

Option 2: The Customer pays an early termination fee if the Customer ceases Service before 3 complete years. This is based on the amount indicated in the table shown in the relevant subpart , multiplied by the number of uncompleted quarters remaining in the three year period.

Non Automated Payments

With effect from 1st July 2007, the following will apply to payments not made by direct debit or monthly payment plan:

- The collection of non-automated payments (those not by direct debit or monthly payment plan) will be by BT Payment Services Ltd, a wholly owned subsidiary of BT;

- a payment processing fee will be levied by BT Payment Services Ltd, details of which are set out in Section15 , Part 12, Sub Part 3 of this Price List.

The charge will apply per bill, subject to the exclusions in Section 15, Part12 , Sub Part 3 of this Price List.

The following additional clauses will appear in the relevant terms and conditions:

Unless otherwise advised by BT, the Customer will pay all charges by direct debit or monthly payment plan.

Unless otherwise advised by BT, payments made other than by direct debit or monthly payment plan will be collected by BT Payment Services Limited, a wholly owned subsidiary of BT. BT Payment Services Limited will levy a payment processing fee, as set out in the Price List. This fee will be deducted from any money received before any payment is allocated against the charges for the Service.

5. CONDITIONS APPLICABLE TO BT'S CONTRACT FOR BT BUSINESS COMMUNICATIONS SERVICE (TELEMARKETING SERVICE)

Reports and Controls

RAPID Reports via the Internet, Simple Control via the Internet, DTN Changes via the Web, Enhanced Raw Call Data (ERD) and BT Inbound Analyst are provided under the BT's Contract for BT Business Communications Service (Telemarketing Service).

The terms of the Contract for BT Business Communications Service (Telemarketing Service) are amended as follows:-

Definitions

The following definitions apply:

`Advanced Feature Change' means data changes within Advanced Features. This does not include changing one Advanced Feature for another.

`Architectural Change' means a change in the design of the Customer's Call Plan.

`Basic Service' means a Call to a Service Number which is routed to a Customer's single geographic destination number.

`Billing Number' means the number specified as the BT telephone number for which a standard BT telephone bill is received, quoted on the Customer requirement form, to which calls will be billed. Where different billing numbers are quoted for related services, paid duration for each will be accumulated separately.

`Call Charge(s)' - price charged to the caller by BT or other Network Operator.

`Choice Number' means a Service Number identified by BT (including a number designated by BT as a Gold, Silver or Bronze number) and/or specifically requested by the Customer. A non-standard rate of rental may apply.

`Cost Centre Billing' - This is billing of individual service numbers to a Customer's different business units. This is provisional on the supply of a BT telephone number for the charges to be applied.

`DDI' - Direct Dial In.

`DDI Block' means 100 consecutive (century blocks only) Service Numbers. If a DDI Block is split at the Customer's request, individual Service Numbers will become chargeable.

`Fixed Fee' means the charge levied by BT to the Customer for fixed fee duration Calls. Where the Call exceeds the set duration, BT may apply additional charges and/or retain a call payment.

`Freefone/BT 0845 Zone' means the UK is divided into eight catchment areas known as Freefone/BT 0845 Zones.

`Inline Services Change' means data changes within Inline Services. This does not include changing one Inline Service for another.

`ISDN' - Integrated Services Digital Network.

`PSTN' - Public Switched Telephone Network.

`Service Management' means a team nominated by BT who will deal with enquiries relating to the Service.

`Service Options' means any combination of Service Numbers.

Third Party Rights

Arrangements with Third Parties:

• (i)The Contract for the provision of the Service is between BT and the person with whom BT makes the Contract (`the Customer'). Where the Customer makes an arrangement with third parties, the Customer remains responsible to BT under the Contract. Any arrangements the Customer has with such third parties for the provision of telemarketing services are entirely the Customer's responsibility.
• (ii)BT will issue an invoice to any address nominated in writing by the Customer, though BT's payment terms continue to apply and the Customer remains liable for all charges incurred in the event of non-payment by any third party.

Two or more Customers may combine traffic and receive higher discounts and payments so long as one party takes contractual responsibility for all charges and receipt of Call Payments and the terms and conditions. BT will only recognise that one Customer as its customer.

Service Level and Fault Management

For the purposes of this section, the following definitions apply:

'Qualifying Fault' means a continuous total loss of the ability to use the Service provided to the Customer under the BT Contract for BT Business Communications Service (Telemarketing Service).

'Working Hours' means the period 0800-1700 hours UK time Monday to Friday, excluding UK Bank and public holidays. Work will be carried out only during Working Hours unless otherwise agreed.

Service Level

1.If the Customer reports a fault in Service in accordance with clause 2.2 of the Service Schedule, BT will respond within 4 Working Hours of receipt of a fault report, by carrying out one or more of the following actions:

• (a) providing advice by telephone, including advice, where appropriate, as to tests and checks to be carried out by the Customer;
• (b) where possible, carrying out diagnostic checks from BT premises; or
• (c) visiting the Site or a point in BT's network only if BT's action under paragraphs 1 (a) and (b) does not result in the fault being diagnosed or cleared and where such a visit is considered necessary by BT.

2. BT will take all proper steps to correct the fault without undue delay.

Service Level Guarantee

This Service Level Guarantee forms part of the Contract for the Service.

If BT breaks this Service Level Guarantee other than through circumstances outlined in paragraph 4, the Customer will be entitled to compensation as described in this Service Level Guarantee

1. BT's Guarantee

Subject to paragraph 4 below, BT guarantees:

a). to provide the Customer with the Service by the date that BT has agreed with the Customer

b). to correct a Qualifying Fault reported to the Fault Helpdesk within five Working Hours of the Customer reporting the fault to BT; and

2. What Customers can claim

2.1. If BT is late in providing the Service or repairing a Qualifying Fault, the Customer can claim either Daily Rate Credit or Actual Financial Loss.

a). Daily Rate Credit

• The Daily Rate Credit is £25.00 up to a maximum amount equal to one full year's rental due under this Contract. However, Customers claiming this are not entitled to claim actual financial loss in addition. If the Customer claims Daily Rate Credit, it does not have to prove any loss.

b). Actual Financial Loss

• (i). Actual financial loss is the amount the Customer has lost as a direct result of BT not keeping its guarantee. If the Customer claims this, it will have to show BT proof of its loss.
• (ii). The maximum amount BT will pay the Customer per year of this Contract is specified in the table below:

3.Payment of Claims

BT will normally deduct any amount that BT owes to the Customer under this guarantee from the Customer's next phone bill, however in some circumstances BT will pay actual financial loss payments by cheque.

4.Application of this Guarantee

4.1 This Service Level Guarantee does not apply if someone other than BT at the Customer's Sites has caused the fault, if BT asks for access to the Customer's Sites and the Customer does not allow this, or if BT reasonably asks for other help and the Customer does not provide it.

4.2 The Customer will not be entitled to compensation if BT does not keep this guarantee because of something beyond BT's reasonable control

4.3 This Service Level Guarantee does not apply to:

• (a). other licensed operators networks and platforms;
• (b). service disruption through network congestion or planned maintenance on any networks or platforms supporting the Service, or any problem on any network or platform other than the Telemarketing Service Network;
• (c). any trial period of the Service, or for Service or any part of the Service which has a Minimum Period of less than 12 months.
• (d). any act or omission of any overseas administration or other 3rd party involved in the provision of International Service.

4.4 The Guarantee does not apply if:

• (a). the fault reporting processes for the Service (as advised by BT from time to time) are not followed
• (b). the Qualifying Fault occurred as a result of a failure by the Customer to comply with the terms of this Contract;
• (c). the Qualifying Fault occurred as a result of suspension of the Service in accordance with the terms of this Contract.

4.5 Only measurements carried out by BT will be used in determining whether or not this Service Level Guarantee is applicable

5. Making a Claim

5.1 The Customer must make its claim in writing within 4 months of when the Service is provided, repaired or disconnected.

5.2 BT's contact phone number and address are shown on the Customer's bill

Under Achievement Charges

Where the Customer terminates under clause 6.3 (b) of the Conditions because BT has increased the charges or has changed the Contract in either case to the Customer's significant disadvantage, the Committed Call Volume for the Contract Year in which the termination takes place will be the Committed Call Volume divided by the number of months of that Contract Year prior to the date of termination.

INBOUND ANALYST

Service Description

The Service is a software package (as varied by BT from time to time), which is made available to Customers who have contracted for Inbound Service.

The Service comprises the ability to analyse the call record data relating to the Customer's contracts with BT for Inbound numbers which the Customer receives on the Enhanced Rawcall Data product.

Software Updates

The Software and any updates will be made available for download by the Customer via an Enhanced Rawcall Data cd.rom or via http://www.btanalystvalueadd.com/ (or both) as determined by BT. BT will notify the Customer when software updates are available. It is the Customer's responsibility to download any updates and to ensure that the latest version of Software is used. The Software will cease to function after the expiry date specified in the Software unless a later version is downloaded by the Customer.

Limitations on use

Use of the Service and Software is subject to the following conditions:

(a) The Service may only be used by Customers:

(i) Based in the UK; or

(ii) Outside the UK provided that the Customer's normal residence and working location is in the UK and it is used on a Standard PC (PC/laptop configured with the "Regional and Language Options" set to the standard English (United Kingdom) default settings.);

(b) The Software may be downloaded to the Customer's Standard PC outside the UK provided that the Customer's normal residence and working location is in the UK and that the downloaded Software is intended for use with BT UK billing analysis data; and

(c) BT billing analysis data may be viewed outside the UK on a Standard PC but only for demonstration purposes or for reviewing the billing analysis data of a UK business by a parent company or subsidiary located outside of the UK.

A breach of paragraph (a), (b) or (c) will entitle BT, without notice, to terminate the Contract or suspend the Service and in either case claim for any resulting losses or expenses.

6. VARIATIONS TO THE TERMS AND CONDITIONS FOR BT BUSINESS SERVICE

The terms are amended as follows:-

Definitions

The following definitions apply:

`Advanced Features' means a range of functions on the Telemarketing Services Network, which route a Call to a Customer's destination number.

`Advanced Feature Change' means data changes within Advanced Features. This does not include changing one Advanced Feature for another.

`Architectural Change' means a change in the design of the Customer's Call Plan.

`Basic Service' means a Call to a Service Number which is routed to a Customer's single geographic destination number.

`Billing Number' means the number specified as the BT telephone number for which a standard BT telephone bill is received, quoted on the Customer requirement form, to which calls will be billed. Where different billing numbers are quoted for related services, paid duration for each will be accumulated separately.

`Call' means a telephone call or calls which connects the Caller to the Customer's service.

`Caller' means a person who makes a call.

`Call Charge(s)' - price charged to the caller by BT or other Network Operator.

`Call Payment' - payment made by BT to the Customer for certain types of calls.

`Call Plan' means a plan which specifies the destination path for a Call to each Service Number which may include Advanced Features and/or Inline Services.

`Call Revenue' means the amount payable by a Caller to BT for access to the Customer's service.

`Choice Number' means a Service Number identified by BT and or specifically requested by the Customer.

`Committed Call Volume (CCV)' means the number of minutes per Contract Year that the Customer will achieve as set out in the Charges Schedule or Order Form as appropriate.

`Committed Call Contract' means a contract where the Customer has contracted for a Committed Call Volume.

`Contract' these conditions, the Service Guarantee, the BT Price List and the Customer Order. This Contract begins on the date that BT accepts the Customer request for the service.

`Contract Year' means the first 12 month period following the Operational Service Date and each 12 month period following that.

`Cost Centre Billing' - This is billing of individual service numbers to a Customer's different business units. This is provisional on the supply of a BT telephone number for the charges to be applied.

`DDI' - Direct Dial In.

`DDI Block' means 100 consecutive (century blocks only) Service Numbers. If a DDI Block is split at the Customer's request, individual Service Numbers will become chargeable.

`Fixed Fee' means the charge levied by BT to the Customer for fixed fee duration Calls. Where the Call exceeds the set duration, BT may apply additional charges and/or retain a call payment.

`Freefone/BT 0845 Zone' means the UK is divided into eight catchment areas known as Freefone/BT 0845 Zones.

`Information' means information which is made available to the Caller by the Customer.

`Inline Services' means a range of functions on the Telemarketing Services Network other than the Advanced Features, which route a Call to a Customer's destination number.

`Inline Services Change' means data changes within Inline Services. This does not include changing one Inline Service for another.

`ISDN' - Integrated Services Digital Network.

`PSTN' - Public Switched Telephone Network.

`Service Management' means a team nominated by BT who will deal with enquiries relating to the Service.

`Service Number' means a non-geographic number that a Caller Dials. The number determines the cost of the Call to the Caller as set out in paragraph 6 of this Schedule.

`Service Options' means any combination of Service Numbers.

`Telemarketing Services Network' means the BT telecommunications network dedicated to the Service.

Paragraph 10.3 of the Terms and Conditions for Business Service is amended as follows:-

If this Contract ends during the Minimum Period the Customer must pay BT the early termination charge shown in this BT Price List or the Order Form as advised by BT. This is not the case if the customer does so because BT increases its charges or changes the Conditions in either case to the Customer's significant disadvantage.

Third Party Rights

Arrangements with Third Parties:

• (i)The Contract for the provision of the Service is between BT and the person with whom BT makes the Contract (`the Customer'). Where the Customer makes an arrangement with third parties, the Customer remains responsible to BT under the Contract. Any arrangements the Customer has with such third parties for the provision of telemarketing services are entirely the Customer's responsibility.
• (ii)BT will issue an invoice to any address nominated in writing by the Customer, though BT's payment terms continue to apply and the Customer remains liable for all charges incurred in the event of non-payment by any third party.
• Two or more Customers may combine traffic and receive higher discounts and payments so long as one party takes contractual responsibility for all charges and receipt of Call Payments and the terms and conditions. BT will only recognise that one Customer as its customer.

Other Documents

These terms and conditions for Business Service, the documents referred to in them and the Order Form set out the whole agreement between the Customer and BT for the Service.

Telemarketing Services - Reports and Controls

The following additional terms and conditions apply:

Rapid Reports, Simple Control, DTN Changes via the Web, Enhanced Rawcall Data (ERD) and BT Inbound Analyst are provided under the BT's Contract for BT Business Communications Service (Telemarketing Service).

Terms and Conditions Specific to 08xx Numbers Where Call Payments Are Made

1. Customer Obligations

The Customer must not make, nor allow anyone to make on the Customer's behalf, a Call to the Customer's service other than at what BT considers to be reasonable intervals for the purpose of testing that the Customer's service is operating correctly.

The Customer warrants that it will comply with all consumer and other legislation, instructions or guideline issued by regulatory authorities, relevant licences and any other codes of practice which apply to the Customer or BT and which relate to the provision of Information.

The Customer must provide Information of a quality and kind likely to promote the Customer's service and suitable to be made available via the Services and of a nature that is not likely to bring BT or the Service into disrepute. In determining the application of this paragraph BT's decison is final.

The Customer must not state or imply any approval by BT of the content of the Customer's service or Information or refer to BT in any way without the express written approval of BT.

2. BT Rights

BT may bar access to the Customer's Service Number by a Caller, if the Customer is in breach of the first three paragraphs of `Customer Obligations' section above, until such time as the breach has been remedied or the Customer has given undertakings to the satisfaction of BT. BT will not be liable to the Customer for barring access to the Customer Service Number. BT will inform the Customer as soon as reasonably practicable that access to the Customer's Service Number is to be or has been barred.

The Customer must immediately cease to provide the Customer's Service and/or the Information which BT determines to be a breach of the first three paragraphs of `Customer Obligations' section above.

3. Financial Provisions

BT will pay the Customer the Call Payment as set out in the Charging Schedule. Such Call Payment is payable after a minimum of 30 days from the end of any period to which it applies, and will be accompanied by a statement showing details of the calculation of the payment. The Call Payment due to the Customer will be calculated in accordance with the duration of a Call made by a Caller to the Customer's service as recorded by BT's equipment and or analytical methods and not any apparatus owned or rented by the Customer. BT's decision on the calculation of a Call Payment to the Customer will be final.

In the event that any sum owed by the Customer to BT under this Contract and any other contract with BT is not paid by the due date, BT may deduct such sum from any Call Payment payable to the Contract.

BT may withhold a Call Payment due to the Customer under this Contract and any other contract with BT without notice if BT has reason to believe that the Customer's service or Information is being used in breach of the first three paragraphs of 'Customer Obligations' section above. The Call Payment may be withheld until such time that BT is satisfied that none of the events specified in these paragraphs have occurred.

Where access to the Customer's service or Information is obtained by a Caller without payment of the appropriate Call Revenue to BT or any other public telecommunications operator then the Customer will not be entitled to any Call Payment from BT in respect of such a Call.

Where a Caller withholds payment of a bill, or any part of a bill, due to BT for telephone service, because the bill includes charges for Call Revenue, BT will be entitled to deduct and retain a sum equal to the amount of any withheld payment from any sum otherwise payable by BT to the Customer under this Contract or any other contract with BT, until the Caller makes that payment to BT.

BT will not be liable to pay a Call Payment to the Customer unless a minimum payment of £100 per month is achieved. BT reserves the right to withdraw the Service and terminate the Contract immediately and notify the Customer in writing where the Customer fails to achieve the minimum payment for three consecutive months in any 12 month period.

Where BT has already paid the Call Payment to the Customer in respect of a Call made to the Customer's service whilst of any of the events specified in the first three paragraphs of `Customer's Obligations' section above was happening or for which it is not paid as specified above in the fourth and fifth paragraphs of this section, BT may:

• (a). deduct an amount equal to the amount already paid to the Customer whilst the event was happening or for which it has not been paid, from any Call Payment due to the Customer under this Contract or any other contract with BT; or
• (b). demand payment of such amount or the balance of such amount form the Customer within 14 days; or
• (c). deduct such amount or the balance of such amount, from any deposit held as security for payment.