The Ofcom Code of Practice

The purpose of the code

As a provider of electronic communications and voice services, we are required by Ofcom to develop and publish a code of practice setting out the key information concerning the services we provide to you. This code contains information about:

• Who we are and what services we provide
• How to contact us
• Member Services
• Your rights and obligations
• How we communicate with you
• Our sales and marketing code of practice
• Premium-rate and number-translation services

This code is accessible at http://myaolbroadband.co.uk/cos. A hard copy, Braille, or large print version of the code can be requested either by calling 0844 499 5555* (from outside the UK dial +44 117 329 9100) or by writing to Member Services, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland; or by sending an email request to our Member Services department.

Ofcom has approved this code, and you can find their contact details below in the section entitled "Regulatory Bodies".

Who we are and what services we provide
TPH Services Sàrl (or TalkTalk Telecom Limited (trading as AOL Broadband) if you are (a) a new member joining after 01 December 2009 or (b) an existing member upgrading your tariff after 01 December 2009) offer a range of online and voice access and communications services to our members.

How to contact us

General enquiries: If you have questions about this code, any of our customer agreements, or about your rights and responsibilities, you can contact us by email at COSMonitor@aol.com. Alternatively, you can write to us at Member Services, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland.

Member Services

If you have any queries or complaints about any part of our service, it is very important to us that we can resolve any of your concerns promptly and efficiently. This section provides you with information on how to contact the right people to deal with your query.

Billing information:
To view your bills, for further information about your price plans and how to change them, or if you have any other queries concerning billing, please visit http://myaolbroadband.co.uk/billing, or if necessary, call our Member Services department on 0844 499 5555*. If you are outside the UK, dial +44 117 329 9100. You can call us at any time between 8am and midnight (GMT), seven days a week, or email us at any time.

Disconnection due to non-payment:
Charges on your account (whether for online services, voice services, or both) are debited from your nominated payment method on your billing date (to check this date, please visit http://myaolbroadband.co.uk/billing). If you do not pay such charges on your billing date, we reserve the right to suspend, restrict, or terminate the services we provide to you.

Cancellation:
If you wish to cancel any of your AOL Access services, write to: Cancellations Department, c/o Member Services, AOL Broadband, PO Box 387, Southampton SO30 9AL including your full name, your master screen name, the last four digits of the credit card, debit card or bank account number you registered for your AOL Access account and your day and evening contact telephone numbers.

For more information on how to cancel, and alternative methods of cancellation (if you cannot dial the telephone numbers above) please visit http://myaolbroadband.co.uk/cancelaolbb for online services, or http://myaolbroadband.co.uk/livehelp for voice services.

MAC code:
A MAC (Migration Authority Code) is issued by your broadband provider and is used to switch from one ADSL broadband provider to another. MAC stands for Migration Authorisation Code. It's basically a code that is needed by your new broadband provider to swap your connection over with minimal interruption. If you migrate from one broadband provider to another and you use a MAC code, you should only lose service for a few hours. For this reason, if you want to cancel your AOL Broadband connection to move to another ADSL broadband provider, please make sure that you ask for a MAC code instead of cancelling your AOL Broadband connection. You can obtain a MAC code by following the cancellation steps outlined above.

Please note - you don't need a MAC code unless you have an existing ADSL broadband connection (ie broadband through a BT line). Further, if you are a subscriber of AOL Broadband with Line Rental and Calls, the MAC code process does not apply.

General queries/Member Services:
To speak to one of our Member Services Agents, contact AOL Broadband Member Services:

• by telephone on 0844 499 5555*
• by email sent from your master screen name to our Member Services team or
• by letter to Member Services, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford marked for the attention of UK Member Services.

Complaints:
We're committed to providing the best possible service to our members. However, sometimes this does not happen as it should.

If you have a complaint about any aspect of AOL Broadband’s products or services, you can contact our Member Services Team on the number above.

If, after speaking our Member Services Team, your complaint is not resolved to your satisfaction you may request for it to be escalated to a supervisor.

As part of our escalation procedure you may ask to speak to a supervisor at any time. If the supervisor cannot resolve the issue to your satisfaction you can make a formal complaint to our Complaints Management Team.

The supervisor that deals with your complaint will give you the details of the Complaints Management Team. You can then make a formal complaint in writing to the address below.

Please ensure to include the following details in your written complaint:

• address to Complaints Management Team;
• Graeme Nixon, Vice President of Member Services Office;
• the date(s) of the incident(s);
• the name of the representative you originally spoke to, if known;
• the nature of your complaint;
• your full name and address;
• your screen name; and
• your telephone number

Where to send it:
Complaints Management Team
c/o Member Services
PO Box 387
Southampton
SO30 9AL

Our Complaints Management Team aims to answer all formal complaints within five working days.

Should this formal complaints procedure not resolve the matter to your satisfaction, you can refer your complaint to the Office of the Telecommunications Ombudsman (Otelo), which AOL Broadband is a member of. You can find out more about Otelo at http://www.otelo.org.uk.

You can refer matters to Otelo if either (i) you have received a 'deadlock' letter from our Complaints Management Team confirming that no resolution can be reached; or (ii) we have not reached an agreed settlement within three months (12 weeks) of receiving your complaint.

However, please note that Otelo will not adjudicate in a matter where our internal complaints procedure has not first been exhausted.

Enquiries about your personal information:
To inspect, change or correct your identity and contact information, visit http://myaolbroadband.co.uk/billing. To find out how you can inspect or correct other personal data please contact Member Services on 0844 499 5555* for online services or 0800 200 6200 for voice services.

If you have other questions about the handling or protection of your personal data, all written enquiries should be addressed to Data Protection, Member Services, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland or if you were an existing member on 30 November 2009 you can also address any queries to Data Protection, TPH Services Sàrl, Batiment Green Office Park, 6, Parc d'Activité "Syrdall", L-5365 Munsbach, Grand Duchy of Luxembourg, or via email at DataInfoUK@aol.com.

Technical support
Online services: There are a number of places you can go for technical support. You can either:
-- Visit the Help channel at http://help.aol.co.uk/;
-- Contact our staff via email at http://aolbroadband.co.uk/contact;
-- Visit our message board at Help Messages; or
-- Call our Member Services agents on telephone 0844 499 5555* (or on +44 117 329 9100 if you are calling from outside the UK) between 8am and midnight (GMT), seven days a week.
Although due to the nature of technical problems we cannot give precise times for resolution, we will do our best to solve them as quickly as possible to ensure you continue to have a positive member experience.

Voice services: Faults you experience with voice services you receive from us may be due to problems with our network, another operator's network, the equipment you are using, or the phone line of the person you are trying to call. If the fault is with our network then we will do our best to fix this as quickly as possible. If the fault is on another provider's network, then you need to report this fault to that provider directly.
If you are unsure who is responsible for the fault, please contact our Member Services Team via email http://aolbroadband.co.uk/contact or by telephone on 0844 499 5555*.

Special needs
If you have special requirements in relation to how you contact us (for example, you are hard of hearing), please use the following contact details to speak to us about any of the issues set out above:

Phone: 0844 499 5555* (from outside the UK, dial +44 117 329 9100)
Type Talk: 18001 0844 499 5555*.
Email: http://aolbroadband.co.uk/contact
If you are using our service with assistive technology - such as screen readers - please go to Accessibility Help for further assistance.

Members with accessibility issues
We understand that our customers use our services in different ways. Accessibility is about us understanding how consumers with disabilities use our services, and then designing our products and services with those needs in mind. You can find out more about our vision for accessibility by going to our Accessibility Help site, which provides a central location where you can find tips and hints about the accessibility features of our products and services as well as general information about our accessibility efforts. You can also find out more by emailing UKAccessibility@aol.com.
If you would like a family member or a friend to act on your behalf, or alongside you regarding any of the services we provide to you, please contact our Member Services team on 0844 499 5555*.

Information in different formats
On request, we can provide you with important information about the services we provide to you in alternative formats such as large print, audio or Braille. This includes information such as the terms and conditions and member agreements for the various services we provide, and billing and product information.
To request such information, please contact us with your master screen name, full name, address, the last four digits of your payment method, or the answer to your account security question (if applicable) and details of the information you would like us to provide.

Contact details
Phone: 0844 499 5555* (from outside the UK, dial +44 117 329 9100)
Type Talk phone: 18001 0844 499 5555*.
(The opening hours are 8am-midnight (GMT), 7 days a week)
Email: Member Services team
Online: Accessibility Help
You can view an itemised bill online by going to http://myaolbroadband.co.uk/billing. This information can be downloaded or printed for your convenience.


Your rights and obligations
Use of access services:
Your rights and responsibilities as a subscriber to the AOL Access Services are set out in the AOL Access Agreement (available at http://myaolbroadband.co.uk/cos), in our Privacy Policy, and in any further agreement you may enter into with us (for example, for voice services or broadband access).

Use of voice services:
Your use of AOL Talk together with your rights and responsibilities in relation to AOL Talk are governed by the AOL Talk Agreement (available at http://myaolbroadband.co.uk/cos), and our Privacy Policy (available at http://myaolbroadband.co.uk/privacypolicy). Your use of AOL Broadband with Line Rental and Calls together with your rights and responsibilities in relation to AOL Broadband with Line Rental and Calls are governed by the AOL Broadband with Line Rental and Calls Agreement.

Personal information:
Your rights and responsibilities in relation to your personal information are set out in our Privacy Policy (which is available at http://myaolbroadband.co.uk/privacypolicy), and also as described in the specific agreement relevant to the services we provide you with.
If we find out that a customer has violated any of these agreements or policies, we may take action against that customer in accordance with the terms of that agreement, policy or any applicable law. Depending on the severity of the violation, action taken may include a written warning, suspension or termination of some or all of the services provided by us and/or AOL (UK) Ltd. Due to the close association between the AOL Access Services and the AOL Web Services provided by AOL (UK) Ltd, if your AOL Web Services account is suspended, cancelled or terminated, your agreement with TPH Services Sàrl (or TalkTalk Telecom Limited (trading as AOL Broadband) if you are (a) a new member joining after 01 December 2009 (b) an existing member upgrading your tariff after 01 December 2009 or (c) an existing member on 01 January 2010) may also be suspended, cancelled or terminated.


How we communicate with you

We may contact you using both online methods such as email, pop-ups or offline methods such as post or telephone. You may indicate how we communicate with you for marketing purposes at http://myaolbroadband.co.uk/marketingprefs. We will respect your choices. You can view and update your Preferences at any time by going to http://myaolbroadband.co.uk/marketingprefs.
We are members of the Direct Marketing Association and as such we adhere to the various preference schemes run by them (such as the Telephone Preference Service and the Mailing Preference Service).
Our marketing and sales literature is created and distributed in accordance with the guidelines set down by the appropriate advertising authority (for example when we run television advertisements, these have to be in accordance with the guidelines set out by Ofcom, whose details you can find below).


Summary of our sales and marketing code of practice

As a provider of Fixed Line Telecommunications Services (which means telephone services provided to customers by indirect access, carrier pre-select, wholesale line rental or wholesale calls) TPH Services Sàrl (or TalkTalk Telecom Limited (trading as AOL Broadband) if you are (a) a new member joining after 01 December 2009 or (b) an existing member upgrading your tariff after 01 December 2009 or (c) an existing member on 01 January 2010) is required by Ofcom (the independent regulator and competition authority for the UK communications industries) to produce and comply with a code of practice when selling and marketing these services.
Our code of practice sets out:

• standards we will adhere to when selling and marketing the Fixed Line Telecommunications Services we offer to our users (the "Voice Services");
• training and recruitment procedures for our employees involved in selling and marketing the Voice Services; and
• how we deal with complaints concerning selling and marketing of the Voice Services.

The code is not a definitive guide to compliance with consumer legislation or other legal obligations, but instead is in addition to other requirements that we are already subject to and complies with in the conduct of its day-to-day business.

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).

PhonepayPlus - the premium-rate services regulator

PhonepayPlus (formerly 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 PhonepayPlus code of practice. The role of PhonepayPlus is to prevent harm to consumers.

PhonepayPlus 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.
PhonepayPlus regulates any service/promotion that is operating on one of the following number ranges:

• numbers beginning with 090 or 091;
• directory enquiry (DQ) services operating on numbers beginning with 118; and
• reverse-billed SMS (you are charged for receiving messages) containing content operating on shortcodes. Shortcodes have 4 or 5 digits and start with 8, 6 or 2. (SMS stands for short message service.)

PhonepayPlus can fine companies and bar access to services if its code of practice is breached. PhonepayPlus can also bar the individual(s) behind a company from running any other premium-rate services under any company name on any telephone network for a defined period.

PhonepayPlus can deal with lesser problems by issuing formal reprimands or ordering companies to come to us for prior approval. Their service is free to consumers and fully independent.

How to complain to PhonepayPlus

If you think a particular service falls within the remit of PhonepayPlus, 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:

• If you have a hard copy of the promotion in question (for example, a page from a magazine), please supply your complaint in writing with a copy of the promotion to PhonepayPlus, Clove Building, 4 Maguire Street, London, SE1 2NQ.
• Submit your complaint using their online complaint form at www.phonepayplus.org.uk.
• by calling their free helpline on 0800 500 212 from 8am–6pm, Monday–Friday.

Finding information about our premium-rate service tariffs

You will find up-to-date information about the tariffs for calling Premium-Rate Service (PRS) numbers from our network on our website (www.aolbroadband.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 PhonepayPlus code of practice mentioned above.
The rest of the revenue is shared by:

• the consumer’s 'originating' telephone company (for instance AOL Broadband, which receives a small fee for origination of the phone call); and
• the telephone company that contracts with the service provider and, on its behalf, 'terminates' the call (ie finally brings the parties together) by providing network facilities.

How to bar access to PRS numbers
We offer the facility to bar calls to premium-rate numbers, which will stop any dialling on your line to all UK-based 0900-0909 premium numbers. These are the numbers that are currently being used in internet scams. 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 0844 499 5555* (a free call from your AOL Talk line).

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. We are working closely with PhonepayPlus and Ofcom. Once we identify a trojan dialler we take all possible steps to ensure that our customers cannot connect to this number again.

Disputes about PRS numbers on your phone bill
CISAS, of which we are a member, can investigate if you have a complaint that we cannot resolve about calls to PRS numbers appearing on your phone bill.
Furthermore, PhonepayPlus 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 (ie live and recorded chat, and live tarot services), PhonepayPlus may also be able to help you get compensation from the PRS provider.
PhonepayPlus 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 www.phonepayplus.org.uk.

Number-translation services
We publish our charges for calls to number-translation services (numbers starting with 05 or 08) on our website (www.aolbroadband.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 include 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 AOL Broadband 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.

Dissemination and updates to this code

You can ask us to send you a copy of this Code by contacting our Member Services department as set out above. This code will be reviewed on a regular basis and updated where appropriate in accordance with OFCOM requirements.


Regulatory bodies

As we provide services to consumers, some or all of the following bodies may regulate certain aspects of our activities:

The Office of Communications (Ofcom)

Ofcom is the regulator for the UK telecommunications industry. You can visit their web site at www.ofcom.gov.uk, telephone them on 0845 456 3000 or write to them at:
Ofcom Contact Centre
Riverside House
2a Southwark Bridge Road
London
SE1 9HA

The Internet Services Providers' Association (ISPA)

ISPA is the UK's Trade Association for providers of internet services. You can visit their web site at www.ispa.org.uk, telephone them on 020 7233 7234 or write to them at:
Internet Services Providers' Association
23 Palace Street
London
SW1E 5HW

The Internet Watch Foundation (IWF)

The IWF works in partnership with ISPs, Mobile Operators, Software Providers, the police and Government to combat the availability of illegal internet content (particularly child abuse images). You can visit their web site at www.iwf.co.uk, telephone them on 01223 237 700 or write to them at:
Internet Watch Foundation
5 Coles Lane
Oakington
Cambridgeshire
CB4 5BA

The Advertising Standards Authority (ASA)

The ASA is the independent, self-regulatory body for non-broadcast advertisements, sales promotions and direct marketing in the UK. You can visit their web site at www.asa.org.uk, telephone them on 020 7580 5555 or write to them at:
Advertising Standards Authority
2 Torrington Place
London WC1E 7HW

PhonepayPlus

PhonepayPlus (formerly ICSTIS) is the regulatory body for all premium-rate charged telecommunications services. You can visit their website at http://www.phonepayplus.org.uk/. You can also telephone them on 0800 500 212 or write to them at the following address:
4 Maguire Street
London SE1 2NQ

The Direct Marketing Association (DMA)

The DMA is Europe's largest trade association for the direct marketing and communications sector. You can visit their web site at www.dma.org.uk, telephone them on 020 7291 3300 or write to them at:
DMA House
70 Margaret Street
London
W1W 8SS

AOL Broadband and AOL Talk are provided by TPH Services Sàrl, a company registered in Luxembourg under number B 122 040 with a corporate address at Batiment Green Office Park, 6, Parc d'Activité "Syrdall", L-5365 Munsbach, Grand Duchy of Luxembourg. However, if you are (a) a new member joining after 01 December 2009 (b) an existing member upgrading your tariff after 01 January 2010 then AOL Broadband is provided by TalkTalk Telecom Limited (trading as AOL Broadband) registered in England and Wales with Company Number 04633015 with a registered address at 11 Evesham Street, London W11 4AR.