Contract Conditions for the Supply of Telephone Services to Residential
Users
- DEFINITIONS
- “we” or “us” or “our” means Axis
Telecom Limited.
- “you” or “your” means the customer named on
the order form.
- “Contract” means the contract formed between you and us
for the provision of the Services incorporating these contract conditions,
our applicable price tariff and any other documents that may
be referred to.
- “equipment” means your phone or any other hardware used
by you in order to use the services.
- “Services” means providing a basic fixed link two-way telecommunication
service via whichever carriers or networks we may elect to use from time
to time and such other related services as may be made available to you
by us from time to time which you select.
- “Initial Fixed Term” means 12 months from the
date of commencement of Services unless expressly provided otherwise.
- “Term” means the duration of the contract for the provision
of Services, subject to earlier termination in accordance
with these conditions.
- "Office Hours” means 8.30 a.m to 5.30 p.m Monday to Friday (excluding statutory holidays).
- “Inclusive Allowances” means the number of
minutes included in your contract package.
- "Existing Provider" means any provider to you of services the provision of which is to be taken over by us.
- “the Cooling Off Period” means the period stated
in clause 3 below.
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- APPLICATION AND DURATION
- These terms and conditions will apply to and from the date that the contract is formed and entered into between us and you for the services. The contract or agreement is formed on the date that you agree to use the services.
- The contract will, where the term has been specified, continue for the term. Where no term has been specified the contract will continue for the Initial Fixed Term and in relation to all services will carry on thereafter from year to year until and unless cancelled by you by one month's notice in writing given no earlier than one month before the end of the Initial Fixed Term or subsequent anniversaries. We will contact you prior to the expiry of any anniversary of the Contract with the intention of alerting you to the need to give notice to terminate this Contract in accordance with its provisions. This clause is subject to the provisions of clause 8.
- You hereby authorise us:-
- to contact the Existing Provider to obtain from them any information reasonably required by us concerning your account with them.
- to assign or sub-contract or delegate to any third party appropriate for the purpose the task of obtaining the information referred to in sub-clause 2.c)i)
- You hereby authorise the Existing Provider to supply to us or the third party referred to in sub-clause 2.)c)ii) above the information referred to in sub-clause 2.c)i) above.
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- RIGHT TO CANCEL
- You may cancel your contract with us:-
- in the case of a basic fixed link service at any time prior to your service connection. You will not incur a charge if you cancel within this time period.
- in the case of a mobile fixed link service at any time within 14 days of you receiving your SIM card (“the Distance Sales Trial Period”) provided that you notify us in writing within this period.
- You agree that if you use your SIM card during the Distance Sales Trial Period you will be responsible for any charges incurred.
- We agree that if you cancel your mobile fixed link service within the Distance Sales Trial Period we will accept the cost of returning the handset, SIM card and any other parts or packaging PROVIDED that you comply with our returns process. If you fail to follow our returns process we reserve the right to charge you the costs that we reasonably incur in collecting the handset which you must make available for collection upon our request.
- You either fail to return the handset or return it to us in a damaged condition then we shall be entitled to charge to you the cost of replacing such handset.
- If you wish to cancel your contract in accordance with clause 3(a) above you may do so orally, in writing, or by electronic mail but if you cancel in writing or by electronic mail notification of such cancellation must be in accordance with clause 11(d).
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- THE SERVICES
- We will use reasonable efforts to make the services available but owing
to the nature of telecommunications networks, it is impossible to provide
a fault free service and the quality and coverage of the services depends
on both the telecommunications network to which you are connected and also
on other telecommunications networks to which the person you are calling
is connected. The services might be adversely affected by circumstances
beyond our control.
- Any failure in the provision of the services which is our responsibility
and not that of others may entitle you to a rebate of the charges for the
period of failure.
- We will try to repair faults quickly when reported to us. If
you suspect a fault, please look at and test your equipment first to see
if it is faulty. We are not responsible for faults on equipment that we have not supplied and
if we are called out and find the fault is with your equipment,
you will have to pay the call out charge set out in our price tariff.
- You must only use equipment which is lawfully approved for connection.
You must not use the services for any improper or unlawful purpose. You
must comply with any reasonable instructions we give you about the services.
- On connection of your equipment (or at any time later on), we may set,
a credit limit on the amount of charges you may incur. As our billing system
is not updated instantly when you make a call, you may exceed the credit
limit, but if this happens, you will still be liable for all call charges.
We may amend your credit limit at any time and without prior notice.
- On connection of the equipment (or any time later on), we may ask for
a deposit to be used as security. We will be able, at any time, to use
this deposit to pay off any charges you owe us.
- If you are transferring from another service provider we will endeavour
to transfer you on a “like for like” basis so that you continue
to receive the benefit of service features, such as, for example,
call barring. However, we do not accept any responsibility for any
failure to transfer your telephone service on such “like
for like” basis where such failure is for reasons beyond our control. If
it is the case that we are unable to transfer the service on a 'like for like' basis
we will notify you of this fact in writing. You have the right to cancel your contract
within 10 working days of the receipt by you of such written notice.
- Axis Telecom guarantees each item of equipment under the
terms of this agreement for a period of 12 months however this does not
apply to fair wear and tear, damage, destruction, loss or theft. This guarantee is in
addition to, and not in substitution for, any similarly or further rights you might have in law.Where
equipment is provided on a free of charge basis, the equipment shall remain
the property of Axis Telecom. Following an upgrade or disconnection of
the services Axis Telecom shall reserve the right to request the safe return
of the equipment from the customer.
- If you choose to use your own equipment for any service provided by
Axis Telecom, we will not be liable for any faults or associated costs
associated with your equipment.
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- PAYMENT
- You must pay to us by direct debit or by recurring credit or debit
card payments the call charges (billed after the calls are made) (unless
you have entered into a calling plan which is subject to clause 9) and
any other charges in respect of the services provided as applicable. If
you provide the requisite authority to pay charges in connection with the
services by direct debit you authorise us to deduct each month sufficient
funds from your nominated bank account to pay for the services requested
and/or used by you each month. If your direct debit rejects, we reserve
the right to attempt to recollect the balance of your account by direct
debit within three days of us being notified of the rejected payment. By
providing any credit or debit card details at any time, you expressly authorise
us, until further notice to charge your card for any invoice
amount as and when the payment becomes due. You agree that
you will advise us by telephone and in writing immediately if the
card becomes lost, stolen or if you wish to close your card account or
cancel the authority, at which point you will need to provide a direct
debit authority. You also expressly acknowledge that by providing the details
referred to above you have the authority to authorise us to deduct payment
for the services in accordance with the contract.
- All our charges for the services are set out in the relevant price tariff which applies to you and is available from us upon request. This may change from time to time and we shall write to you with details of any changes, or notify you of such changes on your monthly bill. If we are obliged to increase your price tariff the right of cancellation set out in clause 3 above shall be re-triggered and the time period stipulated in the said clause 3 above shall run from the date that you are so notified of the relevant price tariff increase.
- All sums not paid by direct debit must be paid within 14 days of submission
of invoice. If you do not wish to pay by direct debit or do
not provide valid direct debit information then an administration charge
of £4.80 will be added to your monthly bill. If you
pay by credit or debit card and your credit card company or bank refuses
to make payment or makes payment in a currency other than pounds sterling,
we will charge you for any bank charges, financial institution fees
and any other extra administration costs that we incur as a result.
- Our current administration costs are as follows:
- £2.40 for receiving a paper bill. This is not payable should
you register for online billing.
- £13.20 if any cheque or direct debit is not honoured.
- £10.80 for late payment.
- £31.20 for suspension of service due to late payment.
- If you owe us money and this is not paid when it should have been paid,
we may charge you interest on the unpaid amount at the rate of 4% above
the base rate of Barclays Bank Plc from time to time. We may also collect
any overdue payment from the debit or credit card whose details you have provided to us. In addition we reserve the right to pass on any costs
which we incur in the collection of any overdue amount from you, including legal
fees and/agency charges.
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- SUSPENSION OF THE SERVICES
- We can suspend or withdraw the provision of the services immediately without telling you and without notice if:
- we believe your equipment is being used in an unauthorised way or for criminal activities;
- we are aware or have reason to believe that the contract has been entered into fraudulently or we are satisfied that fraudulent or improper use of your equipment is taking place;
- you are in breach of the contract (e.g. you fail to pay any charges when due);
- your credit limit is exceeded;
- we receive credible information that gives rise to a reasonable belief on our part that any amount due from you to us may not be paid;
- if your direct debit instruction is refused or cancelled;
- you do anything (or allow anything to be done) which we think (acting reasonably) may damage or affect the operation of the networks; or
- there are reasons outside our control.
- In the above cases the contract does not come to an end and you are still liable for all other periodic charges due during any period of suspension. However, if you are unable to use all of the services for a continuous period of 3 days because:
- there is a technical failure of the networks;
- they are being tested, modified, or maintained;
- access is denied to us; or
- we default in the substantive performance of our material obligations under this agreement
you may receive a credit against your monthly charge, which will represent that part of the other periodic charges relating to the period of suspension.
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- VARIATION OF CHARGES AND TERMS
- We reserve the right to increase or decrease our charges and/or introduce
new charges or terms from time to time. If we increase any of our charges
or introduce any new terms we will give you at least 14 days prior notice.
- We reserve the right to make changes to these terms from time to time
and/or to introduce new terms from time to time if there are changes to
the law or amendments to the terms and conditions upon which we are able
to obtain services from the networks or carriers we are using or otherwise
as a result of events occurring which are beyond our control.
- If we make changes to our terms we will advise you on your monthly
invoice or via our website www.axistelecom.co.uk.
- If we make changes to our terms the right of cancellation set out in
clause 3 above shall be re-triggered and the time period stipulated in
the said clause 3 above shall run from the date that you are so notified
of the relevant price tariff increase.
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- ENDING THIS AGREEMENT
- You may end the contract immediately preferably by writing to us if:
- we do not do what we have agreed to do under the contract
and fail to put it right within 10 days of being asked in writing to do
so; or
- all of the services are permanently no longer available
to you;
- If you seek to cancel the contract at any other time or otherwise than
in accordance with clause 2 we will consider such application at our sole
discretion upon payment of our termination fee. Our current termination
fee is £149.93 if cancellation takes place within the first month
of the contract and this fee reduces by £6.66 for each successive
month of the contract completed prior to cancellation.
- We may end the contract immediately by writing to you if:
- you do anything (or allow anything to be done) which
we think (acting reasonably) may damage or affect the operation of the
networks or you become bankrupt or make any arrangement with creditors
or go into liquidation or become subject to an administration order or
a receiver is appointed over any of your assets;
- we have reasonable grounds for supposing that you are
about to become bankrupt or make any arrangement with creditors or go into
liquidation or become subject to an administration order or a receiver
is appointed over any of your assets; or
- you do not do what you are obliged to do under the
contract (e.g. your failure to pay charges) and do not put
it right within 7 days of being asked by us in writing to do so;
In which event you will be liable to pay to us a termination fee in accordance
with the clause 8 (b).
- We may end the contract immediately by writing if we are no longer
able to provide the services to you on a permanent basis.
- When the contract comes to an end you will have to pay immediately
all charges then outstanding.
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- PRICING
The following additional terms will apply if you have call minutes through
one of our call plans:
- call plans are for your own personal use and you cannot resell or attempt
to sell them to a third party;
- we may withdraw or suspend the call plan at any time by giving you
no less than 10 days' notice, if, in our sole opinion (acting reasonably),
your usage of the call plan is not fair, breaches what, in our opinion,
is acceptable use or may be detrimental to the provision of the Services
to any other customer;
- calls will be charged and inclusive allowances deducted in one minute
increments (with any part minutes rounded up to the nearest minute) individual
charges will then be rounded up to the nearest half penny and your total
call charges rounded up to the nearest whole penny. In addition, and notwithstanding
the preceding sentence, there is a per call connection charge and
the details of these call connection charges appear in our price list within
your welcome pack.
- you may, at any time, request a change to your call plan package option
but such change shall not take effect until the beginning of the calendar
month following the date of our acceptance of your request;
- we may charge you up to three months in advance on your calling plan
in accordance with your relevant tariff.
- If you sign up to a calling plan we will only refund any advance charges
paid onto your account as a credit against future invoices on your account.
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- LIABILITY AND EXCLUSIONS
- We will be liable to you if our negligence causes death or personal
injury. In all other circumstances, we will not be liable for loss of profits
or revenue, loss of use, lost business or missed opportunities, wasted
expenditure or savings you might have made or any other consequential loss
whatsoever. This does not affect your right to refund of your monthly (or
other periodic) charge for services in the circumstances described in clause
6. There may be occasions when we are unable to provide the services because
of something outside of our reasonable control. We will not
be liable to you if that is the case, and if you choose to use an alternative
carrier or network then we will not be responsible for that carrier's charges.
- It is your responsibility to tell us the extent or type of services
required by you from those made available by us, particularly when we are providing
services in the place of another supplier when the type of services which
you may have had will not automatically be transferred. We would not be
liable in such a case.
- If you are a consumer, the terms of the contract will not affect any
rights which you may have under any Act of Parliament and which cannot be excluded
by agreement.
- We have no liability for payment of any termination or other fees charged
to you by any former or successor supplier.
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- MISCELLANEOUS
- We reserve the right to transfer the contract to any third party at
any time. You may not transfer the contract to anyone else unless
we have agreed in writing beforehand.
- Failure by either of us to enforce our rights under the contract shall
not prevent you or us (as the case may be) from taking further action.
- We may use the information held by credit reference agencies to help
make credit decisions or for fraud prevention. We may disclose information
about you and your account to credit reference agencies. Such agencies
can share this information with their customers. In addition, we can pass
these details to other people in relation to enquiries concerning the prevention
and detection of crime or the apprehension or prosecution of offenders
or as may be required by law or legal proceedings, and finally, unless
you tell us otherwise, we may disclose your name, address and mobile phone
number to third parties in order for them to operate a directory service
or other marketing service.
- If either of us needs to send notices to the other these must be in
electronic mail to cancellations@axistelecom.co.uk or in writing and can
be delivered by hand or by post to the other's address as stated on the
order form or by telephone notification to our duly appointed employee/officer
for the purpose during Office Hours in conversation direct with the aforementioned
officer and not by way of any voice recorded message. If notices are sent
by post, they shall be deemed to have arrived at their destination 72 hours
after posting.
- If you telephone us, your call may be monitored or recorded. We may
also contact you using automated messaging services.
- If you telephone us and become abusive, we reserve the right to terminate
your call.
- No person not a party to this Contract shall have the right to enforce
any term of this Contract and the provisions of the Contracts (Rights of
Third Parties Act 1990 shall not apply to this Contract).
- If at any time any provision of this Contract is or becomes invalid
or illegal in any respect such provision shall be deemed to be severed
from this Contract but the validity legality and enforceability of the
remaining provisions of this Contract shall not be affected or impaired
thereby.
- The Contract is subject to English law and any court action
must be brought in the English courts. In addition, you may have the right
to refer certain disputes to arbitration in accordance with arbitration
procedures set up by the network operator under its license, details of
which are available from us upon request.
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- REGISTERED ADDRESS
Axis Telecom Limited
Suite E
Shirethorn House
Prospect Street
Kingston upon
Hull
HU2 8PX
Company Registration Number 4343277
Registered in England and Wales
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