Act means the Telecommunications Act 1984 and includes any amendments to the
Act that may be made from time to time.
IC communications means Ian Meredith T/A: IC communications
Customer means the person, partnership or company detailed overleaf.
Service means the service or services requested by the Customer overleaf and
to be provided to the Customer by IC communications.
Agreement means this agreement entered into by and between IC communications
and the Customer and is subject to both the terms set out overleaf and those
ICSTIS means The Independent Committee for the Supervision of Standards of
Telephone Information Services.
This Agreement shall come into full force and effect from the date of acceptance
by IC communications as indicated overleaf and shall continue for a minimum
period of twelve months whereupon it will then continue unless terminated by
either party giving the other not less than three months prior written notice
or unless terminated by IC communications subject to Section 9 of this Agreement.
2) Use of Service
2.1) IC communications shall provide the Service to the Customer subject to
the Agreement and subject to availability and shall exercise all due care in
the provision and maintenance of the Service to provide high quality and reliability.
2.2) All information relating to the Customer collected by IC communications
in the course of providing the Service shall remain confidential between the
Customer and IC communications subject only to the permitted uses of that information
under the Agreement or as may be required under the Act or any other regulations
relating to the Service and except that IC communications at its sole discretion
may use data about use of the Service by the Customer as part of any report
or publication without revealing the identity of the Customer.
2.3) The Customer undertakes to use the Service in accordance with the conditions
set out herein and such variations as may be notified in writing from time to
time to the Customer by IC communications and in accordance with the Act or
any other regulations relating to the Service.
2.4) The Customer shall indemnify and hold harmless IC communications against
all liabilities, claims, losses, damages or expenses arising directly or indirectly
or in any way associated with any use of the Service by the Customer or provision
of the Service by IC communications.
2.5) The Customer shall not use or allow use of the Service in any manner or
for any purpose unlawful or offensive.
2.6) The Customer shall notify IC communications immediately upon becoming aware
of any failure or malfunction in the Service.
2.7) IC communications shall correct any failure or malfunction in the Service
as soon as is reasonably practicable.
2.8) The customer recognises that the service is not guaranteed to be "continuous"
and that there may be periods of time when the service is unavailable for operational
or other reasons.
3) Provision of Information
3.1) The Customer undertakes to provide to IC communications free of charge
and in full co-operation any information reasonably required by IC communications
in order to fulfil its obligations under the Agreement.
3.2) IC communications shall at its sole discretion use this information for
any credit reference or debt collection purpose including disclosure to and
use by its agent or agents acting on its behalf.
The rental prices in this agreement shall not change during the first twelve
months of this Agreement after which time they may be changed subject to thirty
days notice in writing being provided to the customer. Call charges are changing
frequently, whereas the general trend is that they are decreasing, this cannot
be guaranteed and they may change at any time without notice.
5) Acceptance by IC communications
5.1) A pre-requisite of acceptance of this agreement by IC communications is
that the customer supplies a complete copy of their latest telephone bill to
5.2) If credit card payment is opted for, then it shall be permitted, provided
that the customer supplies IC communications with a copy of the credit card
statement clearly showing the card-member's name and the credit limit applied
to that card.
6) Liability & Compensation
6.1) If the service provided by IC communications is not available for any reason
for a continuous period in excess of forty eight hours and a customer makes
a request by telephone and confirms it in writing to IC communications during
the period in which the service is unavailable, the customer shall be paid compensation
in the amount of double the amount of rent which the customer has paid for the
period when the service is unavailable.
6.2) Under no circumstances shall the amount paid in compensation exceed the
amount paid in rent by the customer. IC communicationsshall have no liability
whatsoever to the Customer in contract, tort or otherwise, including any liability
due to negligence for loss of goodwill, revenue, anticipated savings, profit
or for any direct, indirect or consequential financial loss howsoever arising.
7.1) The Customer shall pay for use of the Service according to IC communications’s
tariff as amended from time to time.
7.2) Usage charges payable by the Customer shall be calculated by IC communications
according to data recorded by IC communications.
7.3) IC communications shall invoice the Customer monthly in arrears for use
of the Service and for any standing charges as indicated overleaf but the Customer
is required to maintain the account in credit at all times.
7.4) Where the Customer pays by Direct Debit they will receive at least fourteen
days notice in writing of the Direct Debit to be taken. Any sums owed by the
Customer outside these payment terms shall attract interest at the rate of 5%
per annum above the Barclays Bank Lending Rate.
7.5) The customer may if preferred, pay by credit card.
7.6) All sums due to IC communications under the terms of the Agreement are
inclusive of Value Added Tax and/or any other taxes applicable at the appropriate
rate, such taxes to be paid by the customer.
7.7) Failure to pay on time may result in services being suspended
or terminated at the discretion of IC communications (subject to section 8).
8) Suspension of Service
8.1) In the event that the Customer is in breach of the Agreement, provision
of the Service to the Customer may be suspended forthwith by IC communications
upon notification to the client orally followed by written notification without
liability to the Customer and until further notice.
8.2) Suspension of the Service will entitle IC communications to payment on
demand of all amounts owed by the Customer under the Agreement whether already
invoiced or not.
8.3) The Customer shall pay IC communications all reasonable costs associated
with such suspension of the Service and subsequent re-connection if it occurs.
9.1) Without prejudice to their rights under the Agreement expressed or implied
the Customer or IC communications shall have the right to terminate the Agreement
in the event that the other party is in default either in observation of or
in performance of its obligations under the Agreement and in the case of rectifiable
default fails to rectify the default within a reasonable time specified by the
non-defaulting party in writing.
9.2) Without prejudice to their rights under the Agreement expressed or implied
IC communications may terminate the Agreement in the event that a liquidator,
trustee in bankruptcy, receiver or administrator is appointed in respect of
the assets and/or business of the Customer or if the Customer is deemed insolvent
according to the Insolvency Act 1986, or if any licence under which the Customer
operates its business is revoked, amended or ceases to be valid.
9.3) Without prejudice to their rights under the Agreement expressed or implied
IC communications may terminate the Agreement in the event that its licence
under the Act is revoked.
IC communications shall have the right to assign, delegate or otherwise deal
with their rights under the Agreement in part or in whole. The Customer shall
not have the right to assign, delegate or otherwise deal with their rights under
the Agreement in part or in whole.
11) Entire Agreement
The Agreement represents the entire understanding between the parties in relation
to the subject matter hereof and supersedes all prior agreements, representations
or understandings by either party whether oral or written.
12) No Waiver
Failure by either party to exercise or enforce any right conferred by the Agreement
shall not be deemed to be a waiver of any such right nor operate so as to bar
the exercise or enforcement thereof or of any other right on any later occasion.
Any notice, invoice or other document which may be given under the Agreement
shall be deemed to have been duly given if sent by post to the address shown
on the application form.
14) Force Majeure
Neither party shall be held to be in breach of its obligations under the Agreement,
save for obligations to make payments under the Agreement, to the other party
for any loss or damage which may be suffered by the other party due to any cause
beyond the reasonable control of the first party including but not limited to
any act of God, inclement weather failure or shortage of power supplies, flood,
drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance,
act or omission of Government authorities, other telecommunications providers,
war, military operations or riot.
15) Governing Law
The Agreement shall be governed by and construed and interpreted in accordance
with English Law and the parties hereby submit to the jurisdiction of the English