TERMS AND CONDITIONS
FOR SUPPLY OF UPSTREAM TELEPHONE SERVICE BY VC WAREHOUSE LTD
1) VCW will only be
bound by this contract/agreement when it has been signed by the Customer and
accepted by one of VCW’s authorised representatives or once the Customer has
paid the Customer’s first invoice to VCW.
2) DURATION This agreement shall commence on the date phone(s)
are commissioned and received by the company and shall continue (subject to the
Termination provisions set out below) on a rolling month by month basis.
3) TERMINATION This agreement can be terminated in part or
whole by the customer by giving 14 days’ notice to VCW at any time. The customer is liable for any charges up to
and including the last day of the month in which the contract is terminated.
Termination date will be determined to be the 14
th day after notice
is given.
4) CHANGE OF DETAILS To comply with ITSPE all phones must be
registered in the place of use and the customer must immediately give VCW
written notice of any changes to these details.
Additionally the customer should give VCW any changes for
billing, payment and communications in a timely manner.
5) INDEMNITY
The customer agrees to indemnify VCW against all
liabilities, claims, damages, losses, expenses and proceedings arising from or
in any way connected with any breach of this Agreement by the Customer. This
condition will survive termination of this Agreement.
6) SUPPLY OF THE SERVICES
- VCW will use all reasonable endeavours to supply your
Service within the indicated time frames at order placement. We cannot however
guarantee the install date as we and all other providers in the UK rely on
third party’s to provide constituent parts of the Service. Any changes in the
installation date will be provided to the customer at the earliest possible
occasion.
- VCW shall use all reasonable endeavours to provide the
Services to the customer. VCW cannot be held responsible for broadband faults or
for faults on any equipment not supplied by VCW.
- It is technically impracticable to provide the Services
free of faults and VCW does not undertake to do so although VCW shall use
reasonable endeavours to provide reliable Services.
- VCW may for
statutory, regulatory or technical requirements change any codes or the
Telephone Number(s) allocated to the Customer provided it shall give as much
notice as is reasonably practicable.
- VCW may suspend the
provision of the service:
- If the Customer fails to comply
with any of these terms and conditions.
- If the Customer fails to pay
any sum due to VCW by the due date (under this Agreement or otherwise) or a
direct debit instruction is cancelled or refused.
- If the Customer exceeds any
monthly financial limit imposed by VCW
- If VCW or the Network Operator
or the Service Provider suspects that the Services are being used illegally.
- If VCW cannot make contact with
the customer through the address or telephone number provided.
- For the maintenance or repair
of the Network.
7) The Customer should not advertise or print any
numbers/service(s) until connected, tested and confirmed as live by VCW. Should
the Customer advertise without this confirmation VCW is not liable for any loss
commercially.
8) VCW may transfer all its rights and obligations under
this Agreement.
9) CHARGES AND PAYMENTS
- The customer shall pay to VCW the charges, plus VAT by
direct debit
- VCW shall be entitled to suspend any part of or all of the
services without notice in the event that any payments are not made by the Customer
to VCW within 28 days of invoice date. Suspension
will not affect your obligation to pay for the service during the period of
suspension or thereafter.
- If a customer wishes to dispute any charges on the invoice
such dispute must be notified in writing to VCW within 14 days of the date of
the invoice, failing which the customer shall be deemed to have accepted the charges.
- VCW
reserves the right to charge £30 for each Direct Debit payment that fails to
process automatically, VCW accepts no responsibility for charges incurred as a
result of inaccurate information given by the customer in relation bank and
account details.
- The cost of
the services is determined by the telecommunications system operator and not
VCW and any change in rate will be given with 1 calendar months’ notice.
10) FAIR
USAGE
Upstream Unlimited Call package is designed for general
office use, must be applied across all phones per location and is subject to
VCW Fair Usage policy of 2000 landline and mobile minutes per month per extension
on average. VCW view a reasonable breakdown of this to be 75% landline and 25%
mobile. If, in the reasonable opinion of
VCW, your use is excessive, we reserve the right to charge you for the
excessive element of your usage at your price plan's standard rate.
11) GENERAL
- This Agreement
is the complete and exclusive statement of the Agreement between VCW and the customer.
It supersedes all understandings or prior arrangements whether oral or written,
and all representations or other communications between the Customer and VCW.
- All usage
charges will be calculated by data supplied by the telecommunications system
operator and not by any data supplied by the Customer.
12) TRANSFER OF
SERVICES
-If on entering this agreement you transfer a service from
another service provider to VCW you will be responsible for any charges imposed
by the other provider including any cancellation charges or fees which continue
to be due to that other provider for the remainder of any contract you have
with that other provider.
- In most circumstances you can transfer your service to
another provider (subject to the terms of this agreement regarding termination
and / or the initial/current term); this may not be seamless and could in
certain circumstances require that your current service ceases prior to your
new service going live.
- If issues arise with your new provider over delays to the
transfer date, VCW will, as far as possible, keep you service active until
required. It is important that the customer
liaises fully with VCW in this case. Any
charges will be in line with the existing contract.
- You may be charged for transferring your service to
another service provider by VCW and also by the other provider. This cost of
transfer depends on the type of service.
13) DATA PROTECTION
- VCW agrees to process any personal data collected from the
Customer in accordance with the Data Protection Act 1998.
DEFINITIONS
“Agreement” means
the legally binding agreement/contract between the Customer and VC Warehouse
Ltd made up from the Customer Agreement Form, these terms and conditions and
supplement conditions.
“Customer” means
the person, firm or corporation specified in the Customer Agreement Form.
“Customer Agreement
Form
” means the form specifying the service(s) to be provided to the Customer
by VC Warehouse Ltd.
“Call Costs”
means the cost of calling out on the Customers telephone(s)
“Charges” include the phone purchase(s),
any porting charges, subscription(s), and call
costs.
“Network” means the public telecommunications
system run by the Network Operator and used by VC Warehouse Ltd to provide the
services.
“Network Operator”
means the carrier running/maintaining the network.
“VCW” means VC Warehouse Ltd
“Service Provider”
means any third party used by VCW to provide the service(s) but excluding a
Network Operator.
“Services” means
telecommunications services supplied by VC Warehouse Ltd
At Upstream Support, we’re here to help you every step of the way
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