Contract Conditions for the Supply of Telephone Services to Business
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 18 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.
- “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. 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. 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.
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- RIGHT TO CANCEL
- You may cancel your contract within 10 working days (i.e. any other day other
than a Saturday, Sunday or public holiday in England) of the receipt by you of these terms and conditions.
- 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.
- If you wish to cancel your contract in accordance with clause 2 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 mus be
in accordance with clause 11(e).
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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
addtition to, and not in substitution for any similary 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 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 £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:
- £35.00 plus VAT initial set up fee.
- £1.50 plus VAT for receiving a paper bill. This is not payable should
you register for online billing.
- £10.00 plus VAT if any cheque or direct debit is not honoured.
- £8.00 plus VAT for late payment.
- £25.00 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 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 calculated by applying the following formula:-
“T” (the Termination Fee) = “Y” (number of months of your contract unexpired) multiplied by “X” (the average of your monthly bills or £50.00 which ever is the greater)
- 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
- a) 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
4th Floor,
50 Lowgate,
Hull
HU1 1EN.
Company Registration Number 4343277
Registered in England and Wales
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