STANDARD TERMS & CONDITIONS RELATING TO THE TELECOMMUNICATIONS CALLS AND LINES RENTAL SERVICES PROVIDED BY BUSINESSCOM CONSULTANCY
1. DEFINITIONS
In these terms and conditions, these words shall mean:
1.1 ‘Act’ – the Telecommunications Act 1984 as amended or modified from time to time;
1.2 ‘Agreement’ – the record of what you and we have agreed including these terms and conditions and the Tariff Sheet;
1.3 ‘Call charges’ – the charges for calls made on the Network logged by us and only by us calculated in accordance with the relevant Tariff Sheet in force from time to time;
1.4 ‘Charges’ – any sums owed by you to us under this Agreement;
1.5 ‘Connection Charge’ – the charge set out overleaf in Section 5 for the connection of each piece of equipment and/or Exchange Line to the Network or connecting you to the Network;
1.6 ‘Connection Point’ – any piece of equipment we fix or arrange to be fixed or is used by us at your Premises to connect you to the Network and provide the Service;
1.7 ‘Consequential Loss’ – pure economic loss, loss of profit, loss of business and like loss, whether direct or indirect;
1.8 ‘Exchange Lines’ – any apparatus or equipment we use or arrange to use to connect your Premises to a telephone exchange to provide you with the Service;
1.9 ‘Fixed Charges’ – any Charges which are shown in Section 5 overleaf as fixed for the Minimum Period;
1.10 ‘Minimum Monthly Spend’ – the minimum you are required to spend on calls per month as set out in Section 5 overleaf;
1.11 ‘Length of Contract’ – this agreement will be for a minimum period of thirty six months “the minimum period” from the date of our acceptance of your order (unless otherwise specified overleaf) and will be automatically renewed for further rolling periods of thirty six months (subject to clause10.3.3);
1.12 ‘Monthly Rental Charges’ – the monthly charge for rental of our Equipment as set out in Section 5 overleaf;
1.13 ‘Network’ – any telecommunications network which we may use in order to provide you with the Service;
1.14 ‘Our Equipment’ – any equipment which is owned or supplied by us in order to provide you with the Service (this may include Exchange Lines and Connection Points);
1.15 ‘Our Licence’ – the Licence granted to us under the Act which allows us to provide the Service;
1.16 ‘Premises’ – the Trading Address specified in Section 1 overleaf at which the Service will be provided;
1.17 ‘Tariffs’ – the charges for calls made on the Network and as set out in our Tariff Sheet as varied by us from time to time;
1.18 ‘Tariff Sheet’ – our list of Tariffs and other charges applicable from time to time and which is available on request;
1.19 ‘Service’ – the telecommunications services which we agree to provide you under this Agreement and which are described in our service literature;
1.20 ‘We’ Us’ ‘Our’ – Businesscoms Consultancy, Unit 4 Swan Court, Forder Way, Cygnet Park, Hampton, Peterborough PE7 8GX.
1.21 ‘you’ Your’ – the person or company named as the Customer overleaf and any other person who we believe is acting with your authority;
1.22 ‘Your Equipment’ – any equipment owned by you and Used in connection with the Service;
2. CONNECTION AND SUPPLY OF SERVICES
2.1 We cannot guarantee that the Service will be ready by any particular date and you accept that we shall not be liable to you for any failure to provide you with the Service by any estimated date of connection.
2.2 We will use our reasonable endeavors to provide you with the quality and coverage of Service that we are able to provide to our customers generally.
2.3 You understand that no service can be fault free all of the time and may be affected by things outside our control such as faults in other telecommunications networks.
2.4 We may have to temporarily suspend all or part of the Service for operational reasons or in the event of an emergency or for your security or if repairs to/and maintenance of the Network is required. We will try to give you notice of any such suspension. We will refund to you on a pro-rata basis such proportion of the Monthly Rental Charges you have already paid in respect of any period during which we have suspended the Service for this reason.
2.5 We may refuse to connect you to the Network if any of the information you have provided to us is inaccurate or misleading.
2.6 We will connect you to the Network if you meet our financial and other requirements. If you do not we may refuse to connect you to the Network and we will write to you to inform you of this. In this event this Agreement will automatically terminate. We will connect you to the network by either supply and installation of Our Equipment or reprogramming Your Equipment.
2.7 If we have to alter the Service as a result of regulatory or technical changes, you will be responsible for any changes needed to Your Equipment;
2.8 We may replace Our Equipment or alter any telephone number or any other code or number allocated by us in connection with the Service.
2.9 You shall provide us free of charge with all information, assistance or facilities which we may reasonably require to enable us to supply the Service and fulfill our obligations under this Agreement.
2.10 In order that we can provide the Service you must prepare Your Premises in accordance with our instructions and must provide a mains electricity supply. All such preparation work and any reinstatement work at Your Premises after we have completed any work we have to do to provide Service will be your responsibility and will be at your own cost.
2.11 Prior to providing you with Service we may have to obtain the consent orapproval of a third party. You will have to obtain any consent referred to in clause 4.2. Our ability to provide you with the Service will be dependent upon all such consents and approvals being properly in place.
2.12 We may have to re-programme at your cost Our Equipment or Your Equipment before we can provide you with Service and connect you to the Network. We may charge you for all costs we incur in this respect.
2.13 We will install any necessary Connection Points, Exchange Lines and other ancillary equipment in order to connect Our Equipment to the Network.
3. USE OF THE SERVICE
3.1 You must not use the Service:
3.1.1 for sending any messages or communications which are immoral, indecent, offensive, obscene, defamatory menacing or for any malicious purpose;
3.1.2 fraudulently, or for any illegal or unlawful purpose;
3.1.3 to harass, annoy, inconvenience or cause needless anxiety to any person and You must not encourage, request or permit anyone else to use the Service in this way.
3.2 You must use the Service in accordance with:
3.2.1 all reasonable instructions we may give you from time to time;
3.2.2 the relevant provisions of the Act, any other relevant law, code of practice or regulation;
3.2.3 any direction of the Director General of Telecommunications or other competent authority and any licence which governs the running of your own telecommunications system.
3.3 You shall not acquire any rights in relation to any telephone number(s) or any other code or number allocated by us in connection with the Service.
3.4 For the avoidance of doubt property and ownership in Our Equipment shall not pass to you at any time.
3.5 You shall ensure that any of Your Equipment used in connection with the Service is in good working order and conforms to the relevant standard or approval for the time being designated under the Act and is suitable for connection to the Network.
3.6 We do not have to connect or keep connected any of Your Equipment which, in our reasonable opinion, is liable to cause death or personal injury to any person, damage to Our Equipment or is likely to impair the quality of the service we offer to you or any other person.
3.7 You shall not move, modify, relocate or otherwise interfere with any of Our Equipment which is installed on Your Premises and shall not allow Our Equipment to be repaired, serviced or maintained by anyone other than our authorised representative.
3.8 You agree to take reasonable care of Our Equipment and agree to be responsible for any loss or damage occurring to Our Equipment after we install it at your remises. You are advised to take out appropriate insurance.
3.9 You will not sell, assign, mortgage, charge, underlet or part with possession of Our Equipment or any interest you may have in it and you will not permit any one else to do so.
3.10 Your Equipment may only be connected to the Network if we give prior written consent and by means of a Connection Point provided by us. You shall not connect any equipment to the Network directly or indirectly, nor permit any other person to do so.
3.11 You may request the relocation of any Connection Point within Your Premises or the installation of additional Exchange Lines at Your Premises with our consent which we may give or withhold in our absolute discretion. You shall pay us any relevant additional Charges and any other costs or expenses we incur at our usual rates in force from time to time.
3.12 You agree to indemnify us against all costs (including the costs of enforcement) expenses, liabilities (including any tax liability), injuries, losses, damages (including damage to or loss or theft of Our Equipment) claims, demands or legal costs (on a full indemnity basis) and judgements which we suffer or incur from or in any way connected with any use of the Service in breach of this Agreement or in connection with the misuse of Our Equipment or Your Equipment by you.
3.13 When you notify us of a fault in the Service we will endeavour to make arrangements to correct that fault.
3.14 We will carry out work by appointment during normal working hours which are 9.00 am to 5.00 pm Mondays to Fridays excluding Bank or other Public Holidays. If you want us to carry out work outside these hours you will be responsible for our charges in accordance with our usual rates in force from time to time.
3.15 We may charge you for any costs we incur in carrying out any maintenance or repair work which we consider unnecessary or where we do not find any fault in the Service.
3.16 You acknowledge that we may co-operate with the police and any other relevant authorities in connection with any misuse or suspected misuse of the Service or other telecommunications services and you consent to us cooperating with any other telecommunications operators for this reason. Where this is reasonably necessary, you agree that we can divulge your name, address and account information to such third parties.
4. ACCESS TO PREMISES
4.1 You agree to give us unrestricted access to your Premises in order that we can connect you to the Network or for the purposes of inspecting, maintaining or removing our Equipment or otherwise as necessary to fulfill our obligations under this Agreement.
4.2 You will be responsible for obtaining any necessary consents to allow us access to your Premises.
4.3 We will always try to give you at least 7 days notice if we need to gain access to your Premises but there may be circumstances where we cannot give you reasonable notice.
4.4 We cannot be held responsible for any failure to comply with our obligations under this Agreement resulting from our inability to gain access to your Premises.
5. THE CHARGES
5.1 You will pay us, in addition to any other charges due under this Agreement:
5.1.1 the Connection Charge(s);
5.1.2 the Monthly Rental Charges; and
5.1.3 Call Charges calculated in accordance with the Tariff Sheet.
5.2 If the amount of Call Charges in any month is below the agreed Minimum Monthly Spend, you will pay us in addition to the Call Charges, an amount equal to the difference between the Minimum Monthly Spend where applicable and the Call Charges for that month.
5.3 We may change any charges (except for Fixed Charges) at any time without notice to you. Details of our Charges are shown on the Tariff Sheets which are available from us upon request
6. BILLING
6.1 We will send you a bill each month. You agree to pay us all Charges due within 30 days of the date of our bill, by direct debit or by an alternative method agreed by us. Time shall be of the essence in respect of payment of Charges due.
6.2 Call Charges will be calculated separately in respect of each Exchange Line under this Agreement. You will receive one bill from us each month for all Exchange Lines you have with us. (A summary of each Exchange Line can be provided upon request).
6.3 If you are disconnected for non-payment, you will pay the prevailing disconnection charge (excluding VAT) for each reconnection.
6.4 Each time your payment is late, cancelled or dishonored without a valid reason, we will charge you the prevailing charge (excluding VAT) for our administration costs. You agree to be responsible for all reasonable costs and expenses incurred by us and by our debt collection agents and solicitors in attempting to obtain payment from you.
6.5 If you fail to pay any Charges by the due date without valid reason we may charge you interest at the rate of 3% above Barclays Bank PLC base rate from the due date until the date we receive your payment.
6.6 We will charge you the prevailing rate (excluding VAT) each month per Exchange Line each time you pay the Charges other than by direct debit.
6.7 If you want to challenge an item on your bill, you must do this within 6 months of the date of the bill.
6.8 You agree to tell us of any change in your name, address or bank details. The bill will be sent to the Invoice Address specified in Section 1.
6.9 Any Charges payable by you under this Agreement shall be paid in full without any deduction or set-off whatsoever.
7. REBATES FOR NGN TRAFFIC (if applicable)
Must be claimed by you within 3 months of the traffic date.
8. NON PAYMENT
8.1 If you fail to pay any Charges by the due date we may temporarily suspend Service without warning. We will restore full Service when you pay all Charges including any additional charge for non-payment.
