Business Telecom Solutions Ltd


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Terms and Conditions

Services


MAINTENANCE PERIOD

1. The contract shall commence on the commencement date shown overleaf for the period states and be payable annually thereafter until terminated according to clause 7 below.

2. The maintenance charge for the initial period shall be the charge shown overleaf. Each year thereafter, the annual maintenance charge shall be the current charges of the company at the beginning of that year for the current quantity and type of equipment installed. The company (Business Telecom Solutions Ltd) shall notify the customer at least 90 days prior to the renewal date if there is to be any increase to the charges. Any additional charges made for carrying out work not covered under this contract shall be made at the Company's (Business Telecom Solutions Ltd) current published rate.


THE CUSTOMER'S OBLIGATION

3.1 To ensure payment of the maintenance charge for the initial period before the commencement date and to pay each annual maintenance charge thereafter before the commencement of that particular year. In the event where the annual charge remains unpaid at the renewal date, the company (Business Telecom Solutions Ltd) may suspend the provision of maintenance services until the charge is paid. Non payment of the annual maintenance charge does not on its own constitute a termination of this agreement as defined in Clause 7 below.

3.2 To provide an environment suitable to the proper operation of the equipment.

3.3 To notify the Company (Business Telecom Solutions Ltd) immediately of any fault or defect in the equipment.

3.4 To give the Company (Business Telecom Solutions Ltd) and its agent unhindered access to the equipment.

3.5 Not to permit the equipment to be moved, interfaced or tampered with in anyway. The company may at its discretion rectify any damage caused by such moving, interference or tampering at the customer's own expense.

3.6 Where the customer is covered by a remote diagnostic and programming option, any necessary additional equipment shall be left on site for the duration of the contract option. If, at any time this option is terminated, then the Company (Business Telecom Solutions Ltd) will be provided with access to remove the additional equipment.

3.7 To pay the Company's (Business Telecom Solutions Ltd) reasonable current charges for reprogramming the equipment and to pay the Company's (Business Telecom Solutions Ltd) reasonable current charges for service visits necessitated through miss operation or programming error caused by any party other than the Company (Business Telecom Solutions Ltd).

3.8 To pay the Company's (Business Telecom Solutions Ltd) reasonable current charges for remedying faults in the equipment caused by neglect, misuse, failures or excessive variations in electrical power, excessive external electrical radiation, radio interference, unauthorised interference with the system, accidental damage, lightning, flood, fire or causes other than ordinary use.


THE COMPANYS OBLIGATIONS (Business Telecom Solutions Ltd)

4.1 During the period of this agreement, other than as specified in Clause 3.1 above to maintain the equipment in working order and to carry out, without further charge, all repairs and replacements to the equipment made necessary by wear and tear in normal use. The Company (Business Telecom Solutions Ltd) will make reasonable efforts to respond as soon as possible to all requests for maintenance. Specific service response times, if applicable, are shown overleaf. Service will be provided from 9:00am - 5:00pm Monday to Friday, unless specifically stated overleaf.

4.2 External overhead lines, poles and supports and underground cables are not covered under this agreement. The company (Business Telecom Solutions Ltd) will make every effort to repair faults in these items promptly at the expense of the customer.

4.3 The Company (Business Telecom Solutions Ltd) will provide service at the expense of the customer where failure of the equipment is subsequently found to be caused by miss operation or failure of one of the following: Public Telephone Operator (B.T and any other provider / cable company) supplied equipment; Host or subsidiary PBX (Private Branch Exchange) equipment; the Electricity Supply service or tampering with the equipment by any person not authorised to do so by the Company (Business Telecom Solutions Ltd).

4.4 If the Company (Business Telecom Solutions Ltd) is of the opinion that a fault is due to a handset or other peripheral item which can be exchanged by the customer, then the Company (Business Telecom Solutions Ltd) may, with the customer's agreement, offer to provide a replacement item by an express shipment service for the customer to fit the item.


LIMITATION OF LIABILITY

5.1 The customer shall during the term of this agreement, maintain insurance cover in respect of all risks relating to the maintenance of the equipment not covered by indemnities contained hereafter. The customer shall on request supply copies of the relevant certificates of insurance to the Company (Business Telecom Solutions Ltd) as evidence that such policies remain in force.

5.2 The Company (Business Telecom Solutions Ltd) shall indemnify the customer for personal injury or death caused by the negligence of its employees in connection with the performance of their duties under this agreement

5.3 The Company shall indemnify the customer for direct damage to tangible property caused by the negligence of its employees in connection or by any defects in any products supplied pursuant to this agreement. The Company's (Business Telecom Solutions Ltd) total liability under this clause shall be limited to 250,000 for any one event or series of connected events arising in any one 12 month period.

5.4 Save in respect of claims for death or personal injury arising from the Company's (Business Telecom Solutions Ltd) negligence, in no event the Company (Business Telecom Solutions Ltd) be liable of any damages that are an indirect or secondary consequence of any act or omission of the Company, whether such damages were reasonably foreseeable or actually foreseen.

5.5 Expect as provided above in the case of personal injury, death and damage to tangible property, the Company's (Business Telecom Solutions Ltd) maximum liability to the customer under this agreement or otherwise for any cause whatsoever, (whether in the form of additional costs of remedial services or otherwise) will be for the direct cost and damage only and will be limited to a sum equivalent to the price paid to the Company (Business Telecom Solutions Ltd) for the services that are subject to the customer's claims, such damages limited to 25% of the same amount for any additional costs directly, reasonably and necessarily incurred by the customer in obtaining alternative products and/or services.

5.6 The parties acknowledge and agree that limitation contained in this clause 5 are reasonable in the light of the circumstances.


VAT

6. All sums payable under this agreement are exclusive to VAT and other duties or taxes from time to time in force unless otherwise stated.


TERMINATION

7.1 This agreement may be terminated, after the initial period stated, by notice in writing given by either party to the other via registered post, such notice to be a minimum of 90 days prior to the following anniversary date. Non-payment of the annual maintenance charge does not on its own constitute termination by the customer. This agreement may be terminated forthwith by the Company (Business Telecom Solutions Ltd) if the customer has failed to correct a significant breach of this contract within 14 days following written notification of the breach. Immediately upon the Company (Business Telecom Solutions Ltd) terminating this agreement, the customer shall pay to the Company:

7.1.1 All arrears in the maintenance charges including apportioned maintenance charge for any broken period.

7.1.2 All maintenance charges which had the company (Business Telecom Solutions Ltd) not terminated this agreement would have been paid by the customer to the Company (Business Telecom Solutions Ltd) until the end of the maintenance period less discount for accelerated payment at the rate of 5% per annum.

7.2 In the event that the customer fails to pay to the Company (Business Telecom Solutions Ltd) the sums referred to in clause 7.1 the Company (Business Telecom Solutions Ltd) shall be entitled to charge all costs and expenses (including Court costs) incurred in recovering unpaid and overdue maintenance charges (including costs and outside collection agents and solicitors employed at the discretion of the Company (Business Telecom Solutions Ltd) to act on the Company's (Business Telecom Solutions Ltd) behalf) and to pay interest at 12% per annum pursuant to the Late Payment of Commercial Debts Regulations 2002.


VARIATIONS

8. This agreement constitutes the entire agreement between the parties and there are no agreements or understandings between them other than those set out herein. Any variation to this agreement shall only be binding if it is recorded in a document signed by an authorised representative of the Company (Business Telecom Solutions Ltd).


FORCE MAJEURE

9. The Company (Business Telecom Solutions Ltd) is not liable in any way for loss, damage or delay consequent upon any circumstance beyond its reasonable control. If such circumstances continue for a period of more than 6 months in which case either party may terminate this agreement by written notice to the other party.


ASSIGNMENT

10. The customer shall not assign the benefits of this agreement without the prior written approval of the Company (Business Telecom Solutions Ltd), which shall not be unreasonably withheld.


THIRD PARTY RIGHTS

11. For the purposes of this agreement the Contract (Right of Third Parties) 1999 shall not apply.


For all enquires PLEASE CALL 0845 071 2101 or click on the email address | sales@businesstelecomsolutions.com

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