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| Connected World Communications Limited Terms and Conditions - For the provision of telecommunications Services 1. On this page are the terms on which we provide products and services to you. Binding contracts are made when we accept orders from you. These terms and no other shall apply even if we receive orders from you on your stationary with different terms and conditions printed on it, unless subsequent terms are agreed in writing under the signature of a director of our company. Where you ask us to arrange lease finance from an external finance company, then your agreement with them will be subject to the terms on the agreement that you sign with them. 2. Any goods supplied to you belong to us until you have paid for them, but they are at your risk from the date that they are delivered to you. 3. All new equipment will be covered by a 12 month warranty period and repaired or replaced if found faulty once you return them to us. Software is licensed to you not sold and is provided on the terms of the manufacturers licence. On-site support and telephone technical advice on both hardware and software is only provided where you enter into a support contract with us. 4. As we have only limited information on your business, we can make no guarantee on how any equipment and services that we supply will work with other equipment, systems or processes you use in your company unless you send us a written specification of requirements covering this area before any contract is made. 5. You will be invoiced by a consolidated invoice once a month. This includes all transactions in a calendar month on one invoice dated the beginning of the following month. Payment of the invoice is due within 14 days and must be made by direct debit. 6. We reserve the right to apply a credit limit for charges incurred by you and ask for earlier settlement of invoice or to temporarily suspend access to our services, in whole or part, if this limit is exceeded. 7. If you do not make any payments by the due date or you do not abide by any term of this agreement, you will be considered in default and we may immediately suspend service and/or terminate this agreement. Where we suspend service, you will remain liable for all charges during the period of suspension. We reserve the right to charge for reconnection and may require revised payment terms. On termination of this agreement, you will allow us to collect all our equipment and will pay to us all sums that would have fallen due over the balance of the minimum chargeable duration of any contract less a discount of 5% per annum to reflect the fact that we have received payments early. This is a true reflection of the loss we will have suffered. 8. We will place the necessary orders on your behalf with the public telephone network operators as instructed by you or as would reasonably be required for the efficient use of the equipment. You will be responsible for all charges from these public network operators for all network services. We give any indications of the likely charges and installation times from these operators in good faith only. 9. Under our rental contracts. The equipment does not become your property and you must not sell or move it without our permission. You will be responsible for our equipment, must keep it insured for its full replacement value and must return the equipment to us at the end of the rental agreement complete and in good working order. 10. We agree to execute repairs and replacements to the equipment covered by a current support or rental contract in order to keep it operational. Maintenance will be carried out in the agreed hours according to the level of service selected. Repairs and inspections necessitated by reasons other than fair wear and tear will be charged at our current rates for parts and labour. 11. Alterations, additions or relocations to the Equipment must be made by us. Any additions to the system may require an adjustment to the service charge but this may not be implemented until the next invoice date. 12. Our contracts for the supply management of fixed lines or mobile phones and the calls on these lines or mobile phones have a minimum chargeable duration of 24 months unless stated otherwise. The first chargeable period may be for an irregular duration and charge in order to pro-rata adjust to our monthly billing schedule. There is a rolling 30 day notice period during the last month of your contract after which the contract auto-renews for the minimum chargeable period if written notice is not received by us. If the contract is terminated within the minimum chargeable period, you will be liable for any outstanding charges which include the average of your last 3 months call spend until the end of the contract term and fixed rental costs .Should the customer use an alternative carrier for calls once the contract has commenced or prevent the company from carrying calls in any monthly period so that the call charges are significantly reduced in comparison to the customers previous average invoicing profile the customer agrees that we may charge the differential between the average monthly send on calls prior to such commencement or any subsequent monthly spend on calls (if any) 13. Our support contracts, rental contracts and any other contracts have a minimum chargeable duration of 36 calendar months unless stated otherwise. At the commencement of these contracts, we will invoice you in advance in periods of 1 whole calendar month respectively. The first chargeable period may be for an irregular duration and charge in order to pro-rata adjust to our monthly billing schedule. There is a rolling 30 day notice period during the last month of your contract after which the contract auto-renews for the minimum chargeable period if written notice is not received by us. If the contract is terminated within the minimum chargeable period, you will be liable for any outstanding charges until the end of the contract term. Our network services and Leased line contracts have a minimum chargeable duration of 36 months unless stated otherwise. There is a rolling notice period of 90 days , unless otherwise agreed during this period should we not receive written notice the contract auto-renews for a period equivalent to the original term unless otherwise agreed in advance. If the contract is terminated within the minimum chargeable period, you will be liable for any outstanding charges until the end of the contract term 14. We can increase contract charges annually but any increase will be limited to the annual rate of inflation. Telephone call charges are set on our published rate sheets and you will be given 14 days notice in the unlikely event of any price increase. 15. We will invoice you at the end of each calendar month at our then current price list for calls on the fixed or mobile telephone networks. A charge will be incurred if the call management reportsare provided by any other method. The call charges in these invoices will be calculated from data recorded by licensed network operators and not from any data that you record yourself. 16. You will allow us reasonable access to program your equipment initially and from time to time thereafter in order for us to ensure most efficient operation of the services. On termination for any reason, we shall not be liable for any charges to reprogram your equipment for subsequent services. 17. Your must keep confidential any electronic serial number, access code, password, personal locking or unlocking key and any personal identification number issued by ourselves. You must inform us immediately if any mobile phone and/or SIM card and/or password or key is lost or stolen and you will remain liable for all charges incurred until you do so. 18. You will make reasonable efforts to make our services available to you at all times. Owing to the nature telecommunications, it is impossible to provide a fault free service. Quality and availability of the services may be effected by outside factors outside our control such as physical obstructions, atmospheric conditions and other causes of radio interference or faults in the public telecommunications networks. Neither party shall be responsible for any loss of business, contracts, anticipated savings, profits or any other indirect or consequential loss of the other. Neither parry shall be liable to any loss or damage that occurs outside its reasonable control including acts of God, inclement weather, floods, draught, lightening damage, fires, failure or shortage of power supplies, lockouts, trade disputes, non-supply of services from third parties, and any acts or omissions of governments, highway authorities, other telecommunications operators or other competent organisations. Installation times are estimates only. Response times quoted are target times for an engineer to respond after a fault is reported by you and are given in good faith to indicate the speed of service that is typically given. Where commencement of any contract is delayed, then any relevant dates on this and any associated contract will be adjusted by the same amount where needed to keep the context of the original agreements the same. In the event that the services we provide are not available for any reason, and you choose to use the services of another organisation, we will not be responsible for any charges that the organisation may make. Our liability to you will be limited to £5,000 for any one incident or series of incidents and further limited to £1,000 for any physical damage to or loss of property resulting from our negligence. In this clause we do not exclude liability in relation to death or personal injury caused by our negligence. 19. We may at any time assign contracts and the benefit of these terms to any company which is in the same group as us or which is a company associated with us provided that the assignee covenants to perform our obligations under the contracts. 20. This agreement is governed by English Law and disputes will be decided in the English Courts. If you are not a Corporate body and the rental payments under our contracts are less than 15,000 (inc VAT) then any hire agreement is regulated by the Consumer Credit Act. |
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