STANDARD TERMS AND CONDITIONS DOCUMENT FOR THE PROVISION OF TELECOMMUNICATIONS AND DATA SERVICES BETWEEN CLEAR TELECOM AND DATA LTD AND ITS SUBSCRIBERS.
‘’Act’’ the Telecommunications Act 1983 and any amendments to Act which may be made periodically.
‘’Agreement’’ any order forms, contract or agreement including any attached schedules and any variation made to it in accordance with Clause 11.
‘’Connection Date’’ the date when the supply for Telecommunication Service will be commenced by Service Provider
‘’Commitment Date’’ any date specified overleaf or on any attached sheets for any particular Service before which the Subscriber may not cancel the supply of that Service.
‘’Network Carrier’’ the company who supplied Network capacity required for telephone calls and data transmission internationally and in the UK via the public switched telephone network as ordered on the order form.
‘’Order Form’’ the subscriber order form, contract or agreement which sets out overleaf details of the Telecommunications Services required
‘’Service Provider’’ Clear Telecom and Data Limited together with its employees and any agents
‘’Subscriber’’ the company, business or person specified in any order form, contract or agreement.
‘Subscriber Details’’ the service numbers of lines to be connected to the telecommunications Service
‘’Clear Telecom’’ Clear Telecom and Data Limited together with any subcontractors or suppliers which Clear Telecom may employ;
‘’Service(s) – the Telecommunications Services detailed in Clause 14 or any subset thereof
Words in the singular include the plural and vice versa
2. Provision of Telecommunications Services
2.1 The Service Provider shall provide Telecommunications Services from the connection date, subject to and on the terms and conditions set out within any order form, contract or agreement.
2.2 The Service Provider shall have the right to decline to connect any customer
The agreements shall come into full effect from the Connection date and shall continue unless ended by either party within the terms of Section 9 of this agreement.
4. Conditions of use of the Telecommunications Services
The subscriber agrees to the following conditions of use:
4.1 to abide by the ‘’Act’’ and all other pertinent legislation
4.2 to use the Telecommunications Services in accordance with any regulations notified periodically by the Service Provider
4.3 not to use the Telecommunications Services to communicate any materials that are abusive, offensive, obscene, pornographic, menacing or for prank calls to emergency services.
4.4 All telephone equipment to be maintained in good working order, conforming to any standards for equipment as set out in the ‘Act’
4.5 The Service Provider reserves the right to disconnect any customer apparatus that has not been approved, particularly where this could result in personal injury or death, or where it may damage or impair the operation of Telecommunication Services.
4.6 The Subscriber must allow anyone accredited by the Service Provider, on production of official evidence of identity and authority, reasonable access to its premises at reasonable times for the purposes of this Agreement and, where necessary, the Subscriber must obtain the permission of any other person if such permission is required. The Service Provider will try to comply with the Subscriber’s reasonable requirements as to the safety of people on the Subscriber’s premises.
5. Suspension of Service
5.1 The provision of Telecommunications Services can be suspended by the Service Provider without notice and without compensation in the event of the following:
5.1.1 The Subscriber is in serious breach of the terms of this agreement. Failure to pay the Service Provider by the due date is considered to be a serious breach of this agreement.
5.1.2 The service provider believes that there is a fraudulent use of the Telecommunications Services
5.1.3 The Service Provider believes that the Telecommunications Services are being used for the purposes set out in Section 4.3 above
5.1.4 The Service Provider is required to comply with an instruction or request from Central or Local Government the emergency services or any other relevant administrative authority.
5.2 The Service Provider may at any time:
5.2.1 temporarily suspend the Services for repair, maintenance or improvement of any of its systems wherever located;
5.2.2 give instructions about the use of the Services which it considers reasonably necessary in the interests of safety, or of the quality of Services to its customers; BUT before doing any of these things the Service Provider will give as much written or oral notice as reasonably practicable in the circumstances and will restore the Services as soon as reasonably practicable after such temporary suspension.
6.1 The Subscriber shall be billed monthly in advance for any recurring charges for the Services whereas charges for calls will be billed monthly in arrears. Any one-off charges or connection charges shall be billed on the appropriate Service first being made available to the Subscriber.
6.2 In the absence of any obvious error, the records of calls collected by the Service Provider will be deemed to be conclusive.
6.3 The Subscriber is responsible for all charges for the Services supplied to it under this Agreement, whether used by employees of the Subscriber or any other person with or without the Subscriber’s permission.
6.4 Unless otherwise stated charges will be calculated by reference to the rates for those Services shown in the Service Provider’s standard price list. The Service Provider reserves the right to update its standard price list for the Services from time to time, a copy of which will be supplied to the Subscriber on request.
6.5 The Subscriber agrees to pay the invoices by Direct Debit.
6.6 Payments of invoices shall be made in full without set off of any amounts.
6.7 Unless otherwise stated all rates and prices are exclusive of value added tax which, where applicable, will be added to the Subscriber’s bill at the prevailing rate.
7.1 The Service Provider shall not be liable to the Subscriber for any breach of any provision of this agreement caused by any reason outside the control or responsibility of the Service Provider, including the failure of the Network Carrier to provide network capacity or the failure of equipment supplied by any third party telecommunications operator to the Service Provider, on which it was reliant for the purposes of this agreement. The following are examples of reasons outside the control of the Service Provider:
Act of God, failure or shortage of power supplies, internet failure, computer viruses, flood, drought, inclement weather, lightening strike, acts of terrorism, epidemic, strike or other labour dispute, any act or omission of Central or Local Government.
7.2 The Service Provider shall not in any event be liable to the Subscriber or any third party for any indirect, consequential or incidental loss or other damages howsoever arising or for any loss of revenue, savings or profit. The Subscriber shall indemnify the Service Provider against any claims and expenses arising of any situation.
7.3 The Service Provider shall not be liable to the Subscriber for any delay in either providing a Connection date to the Subscriber or any other grounds for delay in connection. In the event that the Service Provider’s service fails to operate, and the Subscriber’s traffic is diverted to another carrier, the Service Provider will not be responsible for that carrier’s charges.
7.4 Nothing in this agreement shall restrict the Service Provider’s liability for death or personal injury resulting from the negligence of the Service Provider or of its employees while performing their duties on behalf of the Service Provider.
7.5 The Subscriber shall indemnify the Service Provider against all liabilities, claims, damages, losses and expenses arising from the use by the Subscriber of the Network Services in breach of this agreement.
8.1 The Service Provider may assign or delegate any of its rights or obligations under this agreement.
8.2 The Subscriber may only assign or delegate its rights or obligations under this agreement with the prior written consent.
Any order form, contract or agreement shall have an initial term as set out in the subscribers individual order form, contract or agreement.
This agreement shall have an initial term of 90 days, thereafter the Subscriber may terminate this Agreement by giving 90 days written notice to the Service Provider, such notice on or after the initial Term. The Service Provider may terminate this Agreement with immediate effect on giving no less than 90 days written notice to the Subscriber.
9.2 Any particular Service or part thereof which carries recurring charges or has minimum call volumes associated with it must be purchased by the Subscriber at least until the Commitment Date for that particular Service or part thereof.
9.3 On termination all charges incurred up to the date of termination shall become immediately payable.
9.4 On termination of this Agreement (for whatever reason) Clauses 1, 6.3, 7,9 and 12 shall remain in force.
9.5 The waiver or failure by the Service Provider to exercise in any respect any right or remedy provided under this Agreement shall not be deemed to be a waiver of any further right or remedy under this Agreement.
9.6 This Agreement may be terminated immediately by the Service Provider either orally (followed by confirmation in writing) or in writing if there is a persistent material breach of the terms of this agreement by the Subscriber. In cases where the Service Provider believed that the breach is able to be rectified then a period of 7 days may be given to put it right.
9.7 The Service Provider may terminate the agreement immediately in the event that a receiver, liquidator or trustee in bankruptcy is appointed in respect of the Subscriber for the whole or part of the business where the Subscriber enters into an arrangement with its creditors, or where any proceedings to wind up the Subscriber have begun.
9.8 The Service Provider may terminate the agreement immediately in the event that any license required to operate Telecommunications Services is rescinded, significantly amended or ceases to be valid.
9.9 The Agreement may be cancelled by the Subscriber prior to the Connection date by giving written notice, but the Subscriber may be required to pay any reasonable charges that the Service Provider has incurred to date.
10.1 All subscriber order forms, contracts or agreements shall be governed by and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts.
10.2 Implied terms shall be excluded to the fullest extent permitted by law.
10.3 Any Director or representative of the Subscriber will be deemed to be its authorised signatory and therefore guarantee the Subscribers acceptance of its obligations under any subscribers order form, contract or agreement.
10.4 Failure of either party to exercise or enforce any right within this agreement shall not be deemed to be a waiver of such right.
10.5 The contract will not become binding until the Subscriber becomes connected to the Service Provider.
11 Changes to this Agreement
11.1 This Agreement, other than the changes payable under it, may only be modified by a document in writing which refers explicitly to this Clause 11 and is signed by both the Subscriber and the Service Provider.
12 Entire Agreement
12.1 This Agreement compromising these terms and conditions, the information set out overleaf and any attached sheets set out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements in respect of the subject matter of this Agreement. The parties acknowledge and agree that:
a) they have not been induced to enter into this Agreement by any representations, warranty or other assurance not expressly incorporated in it;
b) their sole remedies in connection with this Agreement are those for breach of contract and all other remedies are excluded, and
c) this clause 12 does not apply in relation to fraudulent representations
13.1 A notice given under any customer order form, contract or agreement must be in writing and may be delivered by hand or sent by email or post to the addressee at the following addresses:
a) To Clear Telecom at Clear Telecom and Data Limited, 1208/1210, London Road, Leigh-on-Sea, Southend-on-Sea, Essex SS9 2UA
b) To the Subscriber at the address of your registered office or such other address as you advise to us in writing from time to time
14.1 Line Rental and Carrier Pre Selection (CPS)
14.1.1 The Service Provider will provide the Subscriber with the ability to make or receive calls (or both) over BT Analogue exchange lines terminating on Network Telephony Terminating Point (NTTP) or Network Telephony Equipment (NTE)
14.1.2 Line Rental will only be made available where the Subscriber uses the Service Provider’s CPS service for the telephone number associated with the exchange line.
14.1.3 The Subscriber has no right to sell or agree to transfer the telephone number provided
14.1.4 Calls carried via the Service Provider’s CPS will be billed at the agreed tariff
14.1.5 Calls that are carried entirely over the BT system will be charged at no more than the standard BT retail rates.
15 Fault Handling
15.1 in the event of a fault affecting service, the Service Provider will try to respond withing 4 hours of the Subscriber reporting such fault to the Customer Services Department on 01702 512990. If the fault is not cleared within the response time, a full progress report will be given by telephone.