Ofcom Regulation Related Business – Waivers

The Office of Communications (Ofcom), the government-approved regulatory and competition authority for the broadcasting, telecommunications and postal industries of the United Kingdom, have implemented new requirements with the General Conditions of Entitlement, which providers of electronic communications networks and services must comply with if they want to provide electronic communication services in the UK.

For more information, please see:

www.ofcom.org.uk/consultations-and-statements/category-1/proposals-to-implement-new-eecc

Any defined terms presented below are defined in the General Terms at:

www.vodafone.co.uk/terms-and-conditions

Please navigate to: Business > General Terms > General Terms – Current > General Terms Small (less than 10 employees) or General Terms Large (more than 10 employees)

Ofcom acknowledge that requirements under the General Conditions of Entitlement, business customers (including not-for-profit customers) who have 10 or fewer employees and purchase a service which is an Electronic Communications Service may waive their rights to certain protections. These waivers are not applicable to customers with more than 10 employees.

Where applicable, waivers will be set out in the sales journey capturing consent and/or the Agreement for execution. The information presented below explains each waiver in more detail, please note not all waivers listed below will be applicable to every customer.

24 Month+ contracts: A customer agrees to a waiver to purchase a contract with a Minimum Term of longer than 24 months, which are otherwise prohibited for sale.

Disincentive to switch: A customer agrees to a waiver wherein, the conditions and procedures for contract termination should not cause a disincentive to switch service providers. This extends to all elements of a Bundle. For example, where two (or more) Services are required to retain a discount.

Extending end of contract notifications and annual best tariff information to a Bundles: A customer agrees to a waiver receiving end of contract notifications and annual best tariff information for all elements of bundle rather only to the impacted element of the Bundle. For example, where Vodafone send/communicate an end of contract/ best tariff advice for a mobility service a Customer will not automatically receive a fixed broadband notification, if those services constitute a Bundle.

Please note, an end of contract notification and best tariff advice will be sent to the customer as they approach the end of their minimum contractual period. A further annual best tariff notification will be sent to customer for as long as they remain out of contract, to inform them of other tariffs they might be sign up to, based on their usage and spend.

Right to Leave Bundle: If Vodafone makes a contractual modification (save for permissible changes under the Agreement) which gives Customer the right to terminate the service without charge, the waiver means that the right to terminate will not extend to all elements of a Bundle. The Customer will only be permitted to leave for the impacted product.

Notification of service consumption waiver: A Customer agrees to a waiver to be notified when usage of services based on volume or time limits reaches the maximum allowance of a Price Plan or Service. The practical effect is that Vodafone is not obligated to share such information with a Customer.

Contract Summary and Contract Information: A customer agrees to a waiver to be given contract information and a contract summary before being bound by an Agreement. This information explains key parts of the service so Customer can compare services between service providers.