Berry Telecom

At the beginning, there was a telephone call.
We got the usual, we can save you money, we can combine your broadband and VOIP services into one.

So, after keeping on getting these calls... I agreed to an appointment.

On the 17th August, a guy drove all the way down in a fancy car, with his Laptop and Charger.
I showed him our little setup and so on and he started talking about his package, his features and everything.

You can have a Brand New Phone System, we will take over your broadband and you can have our VOIP service with all these fancy features!
I mean, it looked nice.

Didn't get to see the Equipment we would be leasing, didn't get to test the VOIP call quality, didn't get the full experience for something we were going to have for 2 years...

We talked a lot, offered to pay us out of our BT Contract, port all our phone numbers over, get the boss a new phone and a few features that we wanted to keep.
He wanted to sell us Broadband, but, I wanted to keep our Static IP, 4G Assure and Unlimited Downloads.

Well, after a bit of twisting and bending, he agreed:

1) 5 New Phones
2) 1 Cordless Phone
3) 5 Lines
4) Broadband, Static IP, 4G Assure and Unlimited Downloads
5) Money for Paying off BT and a bit to buy a new phone for the Boss.

OK... What is that going to set us back.... £180/month.

They would be our point of call for Broadband and VOIP issues, no more juggling with different companies and a new phone system with some much needed features!

Well, it all fell on the Contact, what would they get us to agree to??

1st Red Flag!

After sending an email with all the information required to get the ball rolling, we get a response at 11:13pm with a request...

Please can you copy and paste the below, with a signature for ****** on the ……………… and scan back to me? I have provisionally booked an install date for you on

Thanks in advance.

They want us to Sign an Email??  With a Date that is clearly missing!!
Is this how they rope people in without knowing all the issues that they could face further on??

Well, didn't touch that email with a barge-pole as you don't sign anything you can't read!

Then the Docusign came in at 10:04am the next day.
This is where we get the...

2nd Red Flag

As with everything, it's always best to print it off and go through it with a highlighter.

Well, that is what I did and I found some very disturbing things!

So, the contact reading began, and failed!
Our contact that visited us would call every few days to check when we are going to sign.

I kept telling him I found problems, I would compile an email for him... That didn't stop him calling to find out when we are going to sign and me will still trying to get what I want done during the day without spending time on this that wasn't of massive importance!

But, after I while, I sat down with all my highlights and type out this near 2,000 word email back to the guy who wouldn't stop calling.

I sent that email on the 28th August and haven't heard a peep since..

The Email!  Beware, this is a killer!

(TLDR at the bottom)

Rental Agreement:

Section 2.
Section 2.1 You agree that, you have used your own skill and judgement (and you have not relied on any statements made by us or on our behalf), to choose the Products and you have decided that they will be suitable for all your requirements. You agree that there shall be excluded from this Agreement any and all conditions or warranties express, or implied by statue, or otherwise, in respect of any the Products, their description, quality, suitability or fitness for any purpose.

We have not used our own skill or judgement to select these.  We have on relied on pictures and statement's from you.

Section 2.2 Becuase our liability for the risks of defective or unsuitable Products is excluded you agree to assume all such risks and you agree to pay Rental come what may.  All things considered, you agree that such exclusion of liability under this Clause 2 and Clause 8 is fair and reasonable and you represent that you have considered the need for remedies elsewhere and you have secured those that you require.

So, they send us Defective equipment, the courier drops the bloody system and smashes it into useless pieces of equipment... That's it, you still have to pay the Rental agreement.

Section 2.3 In no event shall we be liable to you in contract, tort or otherwise including any liability for negligence for any loss of revenue, business, Anticipated Savings or profits or any loss of use or value; or for any indirect or consuquential loss, howsoever arising.

Section 4.
Section 4.2 We will charge and you must pay VAT on all payments under this Agreement at the rate applicable on the date the payment falls due. We will send you VAT invoices. You must pay all Rentals by standing order or direct debit. If you do not, we will increase each monthly Rental by up to 3% or £35 plus VAT whichever is greater, to cover our additional administration costs.

We are looking to change Banks in the coming month and there might be a time that we could miss a payment.  This gives no leeway, and looks like even after you pay this 3% or £35+Vat, it doesn't go back if you get the issue sorted and the Direct Debit working again.

Section 4.3 You agree not to withhold payment or make any deduction for any reason even if the Products are not working. Punctual payment is an essential condition of this Agreement. If you don't pay on time, we will charge interest on the overdue amount, from the due date to the date of payment, at the rate of 2.0% per month both before and after judgement. On each occasion that a cheque, direct debit or standing order is returned unpaid you will pay an administration charge of £50.00 plus VAT. In addition, a charge of £25.00 plus VAT will be levied for each letter sent by us in respect of default.

If my broadband doesn't work and I can't use it, I am most certainly entitled to compensation.  If my leased vehicle breaks down, the leasing company is obligated to get the vehicle back on the road (Unless ofcourse it's user error or involved in an accident.)If these phones suddenly won't power up, we've checked everything and the phone appears faulty.  I don't agree to pay full price for something that I'm renting and can't use.

Section 6.
Section 6.4 The products will remain at all times our property. You do not have any right to own the Products and you must not take any action which would affect our rights as owner. You must not rent the Products to another person, offer or agree to sell them, or allow any other person to take any rights over them. You must not transfer any of your rights under this Agreement. If the Products are kept on the rented property in Scotland, they will not form part of the landlord's hypothec.

We will have the Equipment. But we don't care if they're broken, faulty or malfunctioning.  You pay us!

Section 6.5 When the renting of the Products terminates for any reason, you must return them to us at your expense. The Products must be complete (including any power cables, data cables and security keys), in good condition (except for fair wear and tear) and in good working order with all access codes or passwords disabled. If the Products includes any software paid for by us which is licensed on a "per copy" basis, you must return all software disks, manuals and license documentation. You must ensure that all application software and data deriving therefrom is removed from the Products (and without prejudice to any remedy that we may have in relation to your failure to remove the same), we shall not be responsible for any loss or damage which may be sustained or suffered by you in relation to such software or data and in particular but without limitation, as a result of or in connection with its no longer being available to you or coming into possession of any third party. The products must be clean and free of permanent markings or non-removable identification labels. If you do not return the Products in the above condition, we will charge you the costs of restoring them to that condition.

We do not get to keep the phones and we have to return them in mint condition even if they arrive to us broken...

Section 7.
Section 7.3 If any Products are lost or damaged, you must inform us straight away. You must not agree settlement of any insurance claim without our written consent. All insurance proceeds will be applied to repair damaged Products or to replace them, and any lost Products, with similar items of equal value, which will belong to us. If the insurance proceeds are not enough to cover the costs of repair or replacement, you will have to meet the shortfall.

So, we get broken into... Before we can inform our Contents Insurance about the loss of the phones, we have to contact the Rental company before anything else.  Then, we have to contact the Insurance and wait for them to tell us how much we get, before accepting the entire claim, we have to go back to the Rental Company and beg them.  "Is this enough, because if it's not, you're going to shaft us anyway!"  Before we can agree with the Insurance Company to get the money to get the process to get back anything else which was taken...This can push any Insurance Claims from a week to months and could effectively kill the business.

Section 8.
We will not be liable for and so you shall indemnify us on demand against all liability, losses, expenses, costs, damages, actions, claims, and demands of or against us in any way arising out of or in connection with the Products (or their design, manufacture use possession delivery installation repossession removal return and/or disposal) and whether economic or in consequence of loss or damage to property or death or injury to person, except for death or personal injury caused by our negligence.

Just, we will only care if we messed up, but they won't admit it and will fight against it.

Section 9.
Section 9.2 If we terminate the renting of the Products under clause 9.1:
(i) you will have no further right to possess or use the Products and, if you do not return them in accordance with clause 6.5, we may enter your office(s) and recover them and you shall pay to us all costs reasonably incurred in finding, repossessing, storing, insuring and selling the Products; and
(ii) you must pay us on demand all amounts then due but unpaid and such proportion of all amounts which you would have had to pay if the renting of the Products had continues to the expiry of the Minimum Period calculated from the date of the termination to the date on which the payment would have fallen due as we calculate (acting reasonably) represents a genuine estimate of the loss we will suffer as a result of your breach.

Section 9.3 If any of the Products are stolen, destroyed or damaged beyond repair, the renting of them will terminate automatically and you must pay us on demand (in respect of the affected Products) the amount under clause 9.3 (ii) and, because you will be unable to return the affected Products in accordance with clause 6.5, one third of their original purchase price.

I stopped here because, we can deter theft, try and prevent it. But, if someone wants to break in, they will find a way... Then even if we get a claim through an insurance company, the contract is null and void here.
Horrible.

Under the Berry Telecom.

Analogue Line x1
Berry FTTC x1

This doesn't state you will take over our existing line, doesn't say what if we are paying you Line Rental.
The Berry FTTC doesn't state anything we discussed.  There is no mention of Static IP, Unlimited Bandwidth or 4G Assure.
There is no breakdown of how you reached £97.00 / month for the service.  There is no Mobile APP Provisioned.
If we sign this, we agree to pay the "the Hirer" for 59 months, then they take them away, but we are stuck with your service for 60 months.
What do we do for 1 month with no Equipment as it clearly states, we will never own it.

Terms and Conditions for the order of Equipment.
Section 2.
Section 2.2 You acknowledge that:
Section 2.2.1 it is your responsibility to put in place a broadband connection that is sufficient to enable the Equipment to function in accordance with its description and/or secifications; and

But, if you're supplying our Broadband, shouldn't this fall on you to maintain our connection and ensure it's sufficient?

Section 2.2.3 We therefore shall have no liability to You under these terms for the operation and/or condition of the Equipment including without limitation for any failure of the Equipment to function in accordance with its description or specification whether as a result of Your broadband connection (or lack of broadband connection) or otherwise.

But you will be supplying our Broadband Equipment... If our BT Business Hub dies due to failure of BT, I'm not expected to foot the bill for a New Hub.

Section 2.11 If, after signing the Order Form, and before the Start Date, You wish to cancel the order for the Equipment, then You are permitted to do so by giving Berry 5 business days notice in writing subject to the payment of a cancellation fee equal to the costs incurred by Berry:

Considering how slow Royal Mail has become thanks to COVID-19, why are you not accepting this notice in email?

Section 2.14 Title to the Equipment shall remain in the ownership of the Funder at all times, unless You have entered into a Rental Agreement with Berry in respect of the Equipment, in which case title to the Equipment shall remain in the ownership of Berry at all time.

We own it, You don't. If we don't own it, someone else does, but not You! No keeping of Equipment.

Section 2.17 Berry may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligation under these terms.

So, you can change everything without much of a peep.
I think I gave up after all of that.
Sorry, this took me far longer than I thought, but, I can not recommend ***** sign any part of this agreement due to everything I have found.

TLDR:

• We were lied too, we would never own the equipment after the contract.
• They can send you dodgy equipment but, it's your problem to fix it.
• No Compensation for Downtime, even if they are your Broadband and VOIP Provider
• If your equipment gets lost, stolen or damaged beyond repair they terminate the agreement and demand payment in full!
• No breakdown of Prices
• You rent the phones for 59 months and the service for 60 months.  You return the phones at the end of the agreement so you are left with service but no way to use it for a month.
• You have to replace any faulty equipment.

It's been over a week since sending this email, I've heard no peep.
We have received 9 DocuSign emails so far... All at just gone Midnight!!

I can understand how so many people have fallen into this trap, they do keep that small print small!  But, for £80 more a month when I can save us money.  It's just not worth it for the headaches and leasing phones.

Sorry

I tried a few times to compress that email down, but I kept going backwards and forwards and I just couldn't convey the message as well as I did.

If you did get this far (without skipping the email) I applaud you.

Always read the contract! Always read the small print!

This is just my perspective and doesn't reflect the business or owner of said business.