Terms of Business & Privacy –
Contract conditions for the supply of services
- DEFINITIONS
- "we" or "us" means Axis Telecom Limited.
- "you" 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.
- "Small business" means any UK company with
less than 5 employees.
- APPLICATION AND DURATION
These terms and conditions will apply to and from the date that the contract is formed and entered into (by whatever means
or format) between us and you for the services. The contract or agreement is formed on the date that you agree to use the services. If you apply
to transfer both your line and calls and your line rental transfer is rejected, we will automatically place you onto our standard calls only plan. When line rental is available,
we will notify you that we are transferring your line rental to us. If your supplier objects to your transfer of services, we will continue to
attempt to transfer your line until you advise us not to. 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. This clause is subject to the provisions of clause 8.
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- RIGHT TO CANCEL
- If you are a domestic or small business customer you may cancel your contract within 7 working days (i.e. any other day other than a Saturday, Sunday or public holiday in England) of forming your contract.
- If you agree to the Services commencing prior to the end of your cooling off period and have had written confirmation of the service your right to cancel will be waived during this period.
- If you wish to cancel your contract in accordance with clause 3(a) above you must notify us in writing in accordance with clause 11(e).
- 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 too many people trying to use the
network at the same time, or other causes of interference and may
fail or require maintenance without notice.
- 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 your equipment 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 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 additional 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.
- If you are a customer in the Kingston Upon Hull area we can
not guarantee that all of your calls will be re-routed, this will
not entitle you to a refund for calls that have been charged for
by your line provider.
- 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.
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.
- 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 £3.00 plus
VAT 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:
- £1.50 plus VAT for receiving a paper bill. This is not payable should
you register for online billing.
- £5 plus VAT for any letter notifying you of any refusal to make payment
or reminders sent in respect of overdue payments; and
- £10 plus VAT if any cheque or direct debit is not honoured.
- £8.00 for late payment.
- £45 plus VAT 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 8% 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.
- VAT where applicable will be added to all our 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;
- you are in breach of the contract (e.g. you fail to pay any charges when due);
- your credit limit is exceeded;
- 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;
- we have reason to believe that any amount due from you 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 may damage or affect the operation of the networks; or
- there are reasons outside our control.
We can similarly object to the transfer or withdraw the provision of services if you switch to another supplier for services.
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; or
- access is denied to us
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.
- 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. If we make changes to our terms we will advise you on your monthly invoice or via our website www.axistelecom.co.uk
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- ENDING THIS AGREEMENT
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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 7 days' notice, if, in our sole opinion, 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.
- 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. 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.
- When you use your equipment, the identity of your telephone number may
be sent through the networks so as to be identified to the phone being called.
It may be used to divert calls to us for administration and for the investigation
of fraud. You may be charged for any diversion.
- 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. 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.
- 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.
- REGISTERED ADDRESS
Axis Telecom Limited
Europa House
Ferensway
Kingston Upon Hull
HU1 3UT
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