Below is a summary of some of the key aspects of the General Conditions of Entitlement that protect business customers:
- All businesses – The first section summarises the requirements that benefit all business customers of landline, broadband or mobile services.
- SMEs (small and medium enterprises) – The second section covers rights for SME customers (i.e. a business with less than 250 employees).
- Businesses with 10 employees or fewer – The third section summarises additional protections that are in place for business customers with no more than 10 employees.
You should refer to the full text of the General Conditions for more detail about their scope and application. The General Conditions are amended from time to time and Ofcom issues a policy statement each time these changes are made or a new General Condition is introduced.
1. Rights that apply to all businesses
Under the requirements of C1, providers must ensure that:
- they offer at least one 12-month contract for each service, e.g. landline, broadband (C1.13);
- customers are given at least one-month notice of any change to the contract that is not to their benefit and the option to exit the contract penalty-free (C1.14 and C1.15); and,
- customers are sent end-of-contract and annual best tariff notifications (C1.21 – C1.36)
Under the requirements of C2, providers of broadband, landline and mobile services must ensure that:
- they publish a list of information for their customers that includes, amongst other things, a description of the services offered, tariff information and standard contract conditions (C2.3)
Under the requirements of C3, providers must ensure that:
- customers are billed accurately (C3.2);
- adequate and up-to-date billing information is available to customers (C3.7); and
- if a customer is having problems paying their bill, any steps that are taken in relation to payment or disconnection are proportionate and not unduly discriminatory (C3.11).
General condition C5 covers rules related to measures for disabled end-users and subscribers. You can find out more by viewing our guide Disabled people and communications services.
This condition contains a number of protections applicable to business customers. In brief, these include the following:
Protections relating to switching of broadband, landline or mobile services such as:
- time limits on when the switch must happen, i.e., where technically possible, the date requested by the customer; or as soon as possible and no later than one working day after the specified validation and activation processes have taken place (C7.3);
- continuity of service, unless not technically feasible, and any loss of service must not exceed one working day (C7.4(d));
- the customer must be adequately informed before and during the switching process, including in relation to their right to compensation in accordance with General Condition C7.47 (C7.10(a));
- where there is failure to comply with the obligations in General Condition C7, the provider must compensate the customer in an easy and timely manner (C7.47);
- the losing provider must:
- continue to provide the relevant service on the same terms until the switch is completed, where technically feasible; and
- upon request, refund any remaining credit to a customer using prepaid services (minus any fees provided for in the contract as long as the fees are proportionate to the actual costs incurred by the losing provider in offering the refund) (C7.7); and
- the gaining provider must take all reasonable steps to ensure it does not switch services without the customer’s express consent (C7.9).
Protections relating to number porting such as:
- number porting must be provided on reasonable terms and conditions (C7.6(a));
- customers can port their number for at least one month after they have switched (C7.6(b));
- customers must not be directly charged for porting their number (C7.6(c)); and
- in the case of any failure in the number porting process, the number and relevant services must be reactivated until the process is completed successfully (C7.7(c)).
In addition to the above, there are certain protections relating specifically to mobile switching involving fewer than 25 mobile numbers such as:
- where a customer requests a switch for a single mobile number via phone, they get, free of charge, a PAC or STAC immediately over the phone or via SMS within two hours of the phone call, or where this request is via SMS or online, within two working days (C7.38);
- where a customer requests a switch for more than one mobile number via phone, the PAC or STAC must be provided over the phone within two hours of the phone call, or if made online, via the online account within no more than two working days (C7.39);
- the customer must be given certain switching information including information about the total charge payable, any cost for returning terminal equipment, any credit balance etc (C7.30(b)); and
- the customer must not be required to pay notice period charges (C7.8).
2. Rights for SME customers (a business that has less than 250 employees)
Under the requirements of C2, providers of broadband, landline and mobile services must:
- publish certain information in relation to its standard SME contracts that includes any service level agreements and any service level guarantees (e.g. in the event of a loss of service) (C2.14);
- provide this information free of charge and in a durable medium to any SME customer that is entering a contract with the provider (C2.15).
3. Additional rights for businesses with ten employees or fewer
Under the requirements of C1, providers must ensure that:
- customers are provided with key contract information (e.g. charges, the length of the contract and the process for cancelling) in writing before they can be bound by the contract (C1.3 and C1.4);
- customers are provided with a one-page (three-page for bundled services) contract summary before they can give consent to enter the contract (C1.5 and C1.6);
- conditions and procedures for contract termination do not act as a disincentive to a customer switching provider (C1.8 – this rule also applies to bundles);
- a customer has given consent before a contract can be renewed at the end of any commitment period (C1.10);
- no phone and/or broadband contracts are offered with a commitment period longer than 24 months (C1.11 – this rule also applies to bundles);
- the duration of a customer’s existing contract is not extended when the customer buys additional services or terminal equipment, unless the customer provides consent (C1.12 – this rule also applies to bundles); and
- the end-of-contract and annual best tariff notifications that are sent to customers also include details of other contracts taken as part of a bundle (C1.21 – C1.36); and
- where the contract is for fixed broadband services, they make clear to the relevant customer what underlying technology will be used to deliver the service (for more information, please see our Broadband information: Guidance under General Conditions C1 and C2).
Under the requirements of C2, providers of broadband, landline and mobile services must:
- publish a list of information for their customers that includes, amongst other things, a description of the services offered, tariff information and standard contract conditions (see section 1 above in relation to all businesses). With regards to fixed broadband services specifically, the description of the service should include information on the underlying technology of the service (for more information, please see our Broadband information: Guidance under General Conditions C1 and C2).
Under the requirements of C3, providers of broadband, landline and mobile services must ensure that:
- customers are notified when a service included in their tariff plan is fully used up (C3.13); and
- the notification advising that a service has been fully used up includes information on the charges that will be incurred outside of the tariff plan (C3.14).
Under the requirements of C3, providers of mobile services must ensure that customers are notified and provided with information when roaming and that providers adopt measures to allow customers to reduce or limit their expenditure on roaming while they are in the UK. (C3.15 – 3.17).
Under the requirements of C4, providers must ensure that:
- they have complaint handling procedures in place that meet certain minimum standards set out in the Ofcom Approved Complaints Code (C4.2); and
- they are a member of an Ofcom-approved Alternative Dispute Resolution scheme and provide their customers with information about accessing the scheme (C4.3).
Some requirements also apply to switches of bundles by business customers with ten employees or fewer and not for profit customers. A bundle is a contract or two or more closely related or linked contracts, at least one of which relates to the provision of an internet access service or a phone service. The other services/contracts which may comprise part of a bundle include content services or terminal equipment (such as mobile handsets). In these cases, the following rules apply to all elements of the bundle, not just the phone or internet access service:
- the switch must take place on the date requested by the customer and where this is not technically possible, as soon as possible (C7.3(a) and (b)(i));
- there must be continuity of service, unless not technically feasible, and any loss of service during the switching process must not exceed one working day (C7.4(d));
- where technically feasible, the losing provider must continue to provide the relevant service or bundle on the same terms until the switching process is completed (C7.7(a)); and
- the customer must be adequately informed before and during the switching process, including in relation to their right to compensation in accordance with Condition C7.47 (C7.10(a)).
Under the requirements of C8, providers must ensure that:
- when selling or marketing mobile services, the information provided to customers is accurate and not misleading (C8.2).
During a contract, your business may change in size, and this may affect the rules and regulations that apply to you. If your business falls below the 10 employee threshold, you may want to have a look at your contract and consider the guidance we set out.
As a business, your rights are the same as a residential consumer when you use a universal postal service provided by Royal Mail. Royal Mail is the UK's Designated Universal Service Provider (DUSP).
Universal services are subject to specific regulation which means that they are subject to quality of service targets, and compensation for delay, damage and loss. In addition, both business and residential senders of letter mail can use alternative dispute resolution processes (PostRS) if your complaint against the delivery operator is not resolved satisfactorily.
If the postal service you use is not a universal service, and you would like to complain, then you need to check your contract terms and contact your provider directly. All postal operators must have a complaints procedure. You can find the details of all the regulatory conditions for postal services here.
The universal postal service excludes bulk mail, so if you receive a discount because of the volume of your mail and/or because you sort it before handing it to Royal Mail, it won't be covered by the regulations that apply to universal postal services.
There are also a number of pieces of legislation that cover general aspects of business to business activity, and these offer some other general protections. For example:
- The Unfair Contract Terms Act 1977 imposes certain provisions that relate to businesses e.g. limits on providers seeking to exclude liability for matters such as contract breaches and negligence.
- The Sale of Goods Act 1979 means that goods you are sold must fit their description, be fit for purpose and be of satisfactory quality.
- The Supply of Goods and Services Act 1982 states that the goods and services your provider delivers you must be provided with appropriate care and skill within a reasonable time and for a reasonable payment.
- The Business Protection from Misleading Marketing and Regulations 2008 prohibit misleading business-to-business advertising and impose restrictions on how businesses compare their products to rival products from other companies.