Telco HQ - TERMS & CONDITIONS
These terms and conditions relate to the provision of telecommunication services (“ the Services “) to you or your successors, partners and associated companies who use “the Services” of (“ the Customer “) by TELCO Ltd (“ TELCO “) whether as principle or agent. Acceptance of the order shall constitute acceptance and completion of the Agreement. TELCO shall not be bound by any unauthorised representations.
1. Late Payment and Suspension of Services
1.1 The Customer shall pay TELCO all charges for the services on a monthly basis unless otherwise stated on the customer application form.
Payment shall be made by the 20th of the month following supply of invoice as specified on the invoice. The Customer shall pay interest on all overdue accounts not paid by the 30th of the month following supply of invoice, at a rate of 1.5% per month. TELCO may suspend supply if Customer credit is unsatisfactory or the Customer defaults in payment. TELCO will give customer five (5) days’ notice of its intentions to restrict
2.1 TELCO reserves the right to alter or change rates and discounts without prior notification. All rates exclude GST.
3.1 TELCO may install equipment to the telephone network for the sole purpose of connecting the customer to the (SIP) Network. The equipment remains the property of TELCO who shall be entitled to access for the purpose of repairs and maintenance, and removal of equipment in the event of non-payment or at the termination of the Agreement by either the Customer or TELCO.
4.1 Either party may terminate this agreement after the expiry of the initial term by giving 45 days’ notice in writing to the other party.
4.2 In the event that the Customer decides to discontinue the service TELCO provides, and changes to an alternative Carrier (subject to clause 4.1) then the Customer is solely responsible for connecting to the alternative Carrier and is liable for all traffic charges by TELCO until they are connected to the alternative Carrier irrespective of the notice to terminate the service, provided to TELCO.
4.3 The Customer agrees that if the Customer wishes to terminate early, then the unpaid portion of the contract will be charged, and any special offers or conditions provided will be re-billed by TELCO at the normal rate and payable immediately.
5. TELCO Commitment to Customers
5.1 TELCO will provide the services with reasonable care and skill. It will use best efforts to ensure that the services are reliable at all times but it does not guarantee that the service will be continuous and fault free.
5.2 Where TELCO performs work for the customer in connection with the provision of services, it will ensure that competent and suitably qualified personnel carry out all work, in a professional manner and in accordance with appropriate standards and regulations.
6. Customers Commitment to TELCO
6.1 The Customers agrees that TELCO Ltd has the first right to better or equal any offer that is made in writing by another telecommunications
provider. The Customer warrants that all information provided to TELCO is accurate The Customer will also notify TELCO of any changes to those details. The Customer shall supply all equipment and services to enable installation and operation of the services.
6.2 The Customer agrees that it will not use the services or permit the services to be used in any way, which is illegal or could damage the TELCO network or that of any other operator.
6.3 The Customer will use the Services for the purpose for which they are provided and in accordance with any reasonable directions given by TELCO.
6.4 The Customer is liable for and indemnifies TELCO against any costs, expenses or damages incurred by TELCO as a result of the Customer failing to comply with its obligations under this clause.
7. Faults, Outages and Suspension of Services
7.1 Where any Service has a fault or outage TELCO will use reasonable endeavors to remedy that fault or outage within the specified time frame,
where remedial action is required as a result of any act or omission of the Customer, TELCO may charge the Customer at its standard rates for
the cost of remedying the fault or outage.
7.2 TELCO may from time to time be required for operational or other reasons to suspend or restrict service. In those circumstances TELCO will give
the Customer as much notice as is reasonably possible. TELCO will use reasonable endeavors to ensure that the suspension or restrictions take place outside normal business hours
8.1 Services provided by TELCO are subject to availability of facilities and TELCO does not guarantee that the services will be continuous or fault free, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and all liability of TELCO whether in tort including negligence Agreement or otherwise is expressly excluded to the full extent permitted by law. The guarantees implied by the Consumer Guarantees Act 1993 are expressly excluded where the consumer is acquiring goods or the Services for the purpose of business.
8.2 TELCO liability arising from any cause (including the negligence of TELCO or any of its employees or agents) in the provision of the Services or any failure to provide the Services under this Agreement shall be limited to;
a) the re-supply of the Services, or, at the option of TELCO, b) the cost of the re-supply of the Services.
8.3 In respect of defects in services or goods supplied by TELCO, TELCO’s liability shall be limited to the replacement of the services or goods. In no case, in respect of services or goods supplied, shall TELCO be liable for any consequential, direct or indirect or special damage loss or injury of any kind suffered by the Customer or any other person notwithstanding that TELCO may be aware or ought to have been aware of the possibility of damages, loss or injury.
8.4 The Customer will indemnify TELCO from any loss, damage, liability or expenses incurred by any other person arising from the use or attempted
use of the Service by the Customer. For the purposes of this clause, TELCO includes any company or partnership on whose behalf TELCO
provides the Services.