Associated Telecom Limited’s Terms & Conditions for Unified Communications Customers
1.1 The Customer (as defined in clause 1.2 below) understands that in order to receive the Equipment and/or Services (as defined in clause 1.2 below) and the Airtime Services (as defined in clause 1.2 below) it is required to enter into an agreement with Associated Telecom Limited for a Minimum Term. This agreement with Associated Telecom Limited governs the supply of the Equipment and or Services from Associated Telecom Limited to the Customer.
1.2 In this agreement, the following words and expressions shall have the meanings set out below:
“Connection” means the Connection of an end user to a network or service provider such that the end user is capable of accessing and utilising the Services;
“Customer” means the person or business entity ordering the Equipment and/or Services whose details are set out on the agreement;
“Equipment” means any Equipment including routers, access points, handsets, and other associated goods;
“Minimum Term” means the minimum period of time which the Customer has agreed to maintain Connection of Services under the service agreement;
“Services” means any Services ordered by the Customer and provided by Associated Telecom Limited;
“Service agreement” means the agreement which governs the provision of Services; and
“Subsidy” means the sum payable by Associated Telecom Limited to the Customer as is determined by Associated Telecom Limited in its sole discretion, taking into consideration the number of Connections which the Customer is taking out, the recurring costs and the Minimum Term which the Customer is prepared to enter into.
Unless other terms and conditions are expressly accepted by Associated Telecom Limited by means of a specific written amendment signed by a Director of Associated Telecom Limited, the supply of Equipment and/or the provision of Services will be on the terms and conditions set out in this agreement to the exclusion of any other terms and conditions whether or not the same are endorsed upon, delivered with or referred to in any purchase order or other document delivered or sent to the Customer by Associated Telecom Limited.
3.1 In consideration of the Customer entering into the agreement, Associated Telecom Limited undertakes to supply to the Customer such Equipment as is ordered by the Customer from time to time.
3.2 Associated Telecom Limited shall use its reasonable endeavours to deliver the Equipment on the date that is agreed by all the parties, but the Customer acknowledges that time shall not be of the essence.
3.3 Notwithstanding delivery and acceptance of the Equipment to the Customer. Title to the same will not pass to the Customer but will be retained by Associated Telecom Limited until (1) the expiry of the Minimum Term (assuming all payments owed for the Equipment under this Agreement by the Customer have been paid up until that point) or (2) the date on which all invoices relating to the same (including VAT) have been paid in full to Associated Telecom Limited. If the equipment has been provided as part of a lease, the terms and conditions of the lease agreement supersedes this clause 3.3.
3.4 Equipment that has been supplied by Associated Telecom Limited as part of a lease agreement must be returned at the end of the lease agreement period, or upon cancellation of Services if this date is earlier than the end of the lease agreement term. The Customer understands Associated Telecom Limited offers no advice or recommendations regarding lease agreements and any third-party lease agreement entered into by the customer is a separate agreement with a separate entity.
3.5 The risk in the Equipment will pass to the Customer upon delivery and the Customer will be liable for any loss or damage of the same as and from the time when the Equipment is delivered to the address notified by the Customer.
3.6 The Customer undertakes to notify Associated Telecom Limited in writing as to any alleged defect, shortage, or discrepancy in any Equipment within 3 days of delivery of the Equipment to the Customer. In the event that the Customer fails to notify Associated Telecom Limited in writing within this period then the Customer will be deemed to have accepted the Equipment and Associated Telecom Limited shall have no liability to the Customer whatsoever in respect of the Equipment.
3.7 Should the Customer for whatever reason cancel their agreement during the Minimum Term of the agreement, and the Equipment has not been paid for in full by the Customer, then the Customer must return all Equipment supplied to them by Associated Telecom Limited in the same condition that they arrived. If the Equipment is not returned or is returned in a non-saleable condition, then the charge of the full cost of the Equipment plus a £10 admin fee per item will be invoiced to the Customer and shall be payable within 7 days. Associated Telecom Limited at its discretion can apply credit for any payments made towards the Equipment by the Customer.
3.8 During the period of this Agreement the Customer might be provided with Equipment that has been loaned to the Customer by Associated Telecom Limited. It is the Customer’s responsibility to return the loaned Equipment to Associated Telecom Limited at the end of the loan period. The Customer agrees to return the loaned Equipment to Associated Telecom Limited in the same condition that it was on the day it was received, with the exception of normal wear and tear. There is no charge for the loan of the Equipment. However, in the event that the loaned Equipment is lost or destroyed during the period in which it is in the Customer’s possession (including whilst in transit being returned to Associated Telecom Limited) the Customer will be charged for the cost of replacing the loaned Equipment. If the loaned Equipment is damaged during the loan period (including whilst in transit being returned to Associated Telecom Limited) the Customer will be charged for the cost of fixing or replacing the loaned Equipment. The Customer will be charged for the cost of replacing the loan Equipment if it is not returned at the end of the agreed loan period.
4.1 Associated Telecom Limited shall use its reasonable endeavours to provide the Services on the dates agreed by the parties. Services will be billed from the date they are provided, and the Minimum Term of all Services will be the full Minimum Term from the date the last service of an agreement has been activated.
4.2 Associated Telecom Limited shall use its reasonable endeavours to ensure that the Services are provided with reasonable skill and care. The timescale for delivery of Services is often dictated by the networks and/or partners who manage the infrastructure.
4.3 Associated Telecom Limited will make every effort to make the Services available to you, but owing to the nature of telecommunications networks, it is impossible to provide a fault free service and the quality of the Services depends on the network provided by the network service provider to which you are connected. It is your responsibility to make sure any necessary Equipment is in working order so as to enable the provision of the Services which you agree will be at your cost. At your request we will re-programme or programme any telecommunication Equipment in your possession to make the service effective at an agreed cost; however, we will not be liable for any loss or damage as a result of any problems arising from the programming of your Equipment.
4.4 Some Services will not be available to you if you fall outside the reach of, or are not connected to, the UK telecommunications network, or the network telecommunication Services operational at your location do not meet the minimum performance requirements to support the other Services we provide to you. In this instance we will perform tests to check whether our Services are available to you and will notify you prior to commencement of delivery of the Services. Subject to the survey results if we can proceed with the Services, we may need to re-issue a revised order. If we cannot proceed, we will usually determine this as soon as possible following the completion of a site survey.
4.5 If we transfer your service from or to another provider, you may experience a temporary loss of service during the period the transfer or migration of service is being processed.
4.6 Associated Telecom Limited will, at your request, attempt to port any known existing telephone number from your previous provider, however the transfer of ownership will require the submission of a letter of authority and port order request form to be completed. Associated Telecom Limited is excluded of all liability for any delays caused by such third-party providers and you will be required to pay for all Services provided by Associated Telecom Limited in any event with no exclusion for any failure or delay in porting your telephone number from your previous supplier regardless of who is deemed to be at fault.
4.7 Associated Telecom Limited is not responsible for any existing agreement and/or commitment the Customer may have with their current or previous provider.
4.8 Associated Telecom cannot guarantee as to how and/or what level Horizon may or may not integrate with your current and/or future systems. Associated Telecom may require the assistance of the customer or third party appointed by you to build the integration and Associated Telecom will not be liable for any costs. Associated Telecom provide the facility to integrate with the Horizon platform and the ability to integrate with the platform is the sole responsibility of the customer and/or third party system provider.
4.9 Associated Telecom Limited will continue to provide Services for the duration of the Minimum Term unless there is a requirement by Associated Telecom Limited to restrict, suspend or disconnect your Services. We may restrict suspend or disconnect any or all of your Services if; our or any other relevant network breaks down or requires maintenance; we are required to for legal, regulatory or any other reasons deemed acceptable by Associated Telecom Limited; you fail to pay any outstanding invoice within 7 days of a credit control letter from Associated Telecom Limited; we, for whatever reason, are no longer able to provide the Services; your usage of the service is deemed, by Associated Telecom Limited, to be higher than an acceptable or pre-agreed level. Please see our Acceptable Usage Policy at www.associated-telecom.com/acceptable-usage-policy. In the event of any restriction, suspension or disconnection of Services the Customer will remain liable for any charges whilst the service remains live (i.e. temporary suspension to service but the Connection remains live on the network). You will be charged £25 plus VAT each time a service is restricted or suspended in the event Associated Telecom restricts or suspends a service due to non-payment. Should you, the Customer, not make payment of the outstanding balance within 7 days of a final demand letter sent by Associated Telecom Limited, Associated Telecom Limited reserves the right to consider this as the cancellation of Services by the Customer and reserves the right to invoke Clause 6.7
4.10 If Associated Telecom Limited agree to renew or upgrade any service, a new minimum contract period will apply from the date of your renewal or upgrade.
4.11 Your service contract with Associated Telecom Limited will continually renew for a subsequent period of 12 months unless either party gives the other written notice of termination at least 90 days prior to expiration of the current term.
4.12 Hosted telephony systems support 999/112 emergency call services and such calls will be routed to the national emergency call handling agents. However, these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of End User connectivity to the internet for whatever reason. In such circumstances the End User should use their mobile phone or PSTN line to make the emergency call. Furthermore, it may on occasions not be possible for emergency services personnel to identify the End User’s location and telephone number so this information should be stated promptly and clearly by the End User when making such a call.
4.13 In the event that the Customer’s services are terminated due to non-payment and/or closure of the business, the Company entering administration, liquidation, etc., Associated Telecom Limited reserve the right to transfer ownership of all telephone numbers to Associated Telecom Limited.
4.14 The design and build of the Customer’s telephone system is based on the pre-agreed requirements and information provided by the Customer and is included within the initial charge for onboarding. Associated Telecom Limited will also make any adjustments or changes to the call routing and schedules on a Customer’s telephone system up to 30 days after the date the system is activated at no extra cost to the Customer, save for any additional chargeable products or features required to fulfil said changes. Any change requests received after the first 30 days will be chargeable.
4.15 If you are planning to move to a new site, please contact us and we can confirm the options for your Service and the associated charges. We can only provide our services at your new site if it is already installed with our equipment or it is in an area where we are able to install this for you. We will confirm details once notified about your move. If you purchase any of our Services for your new site, this shall be treated as a new Service. This means you shall have to go through the ordering process again and you may be charged for any installation work, and the Minimum Period for your new Service will start when that Service is activated at your new site. If you purchase a like for like Service from us at your new site we may be able to reduce or waive any early termination charge that applies to your existing Service where it is within the Minimum Period. In the event you decide against, or are unable to, purchase any of our Services for your new site, you shall be liable to pay the early termination charge that applies to your existing Service if it is ending within its Minimum Period. We shall confirm these charges when you tell us about the move.
5.1 The Customer hereby agrees to pay Associated Telecom Limited for each item of Equipment and any Services ordered by and provided to the Customer within 14 days from the date of an Associated Telecom Limited invoice. Any discrepancies or disputes regarding amounts stated on an invoice must be raised in writing to us within 3 business days from the date the invoice is sent. Failure to notify Associated Telecom Limited of any dispute within this timeframe shall constitute acceptance of the invoice as accurate, and the full amount shall become due and payable, notwithstanding any later claims or objections.
5.2 Associated Telecom Limited may, at any time during your contract, amend the recursive charges for the following reasons:
5.2.1 Price increases of Equipment and/or Services, by giving notice to the Customer at any time before delivery or commencement, which reflect any increase in the cost of such applicable Equipment and/or Services incurred by Associated Telecom Limited that are due to; (i) any factor beyond the control of Associated Telecom Limited, including (but not limited to) foreign exchange fluctuations, increases in taxes and duties, and increases in third party supplier cost increases; (ii) any request by the Customer to change the commencement or delivery date(s), quantities or types of Equipment or Services ordered, or any specification of the same; or
5.2.2 At any time before or after commencement of a contract as a consequence of; (i) any delay caused by any instructions of the Customer in respect of the Equipment and Services or failure of the Customer to give Associated Telecom Limited adequate or accurate information or instructions in respect of the same; and (ii) any increases in wholesale third party supplier rates which are charged to Associated Telecom Limited and affect the charges chargeable by Associated Telecom Limited under the Contract.
5.3 Your Charges include an annual price increase each year. Your monthly service charges will increase by a fixed amount on the 1st of April each year. Analogue Lines will increase by £10 per month, MPF Lines will increase by £1.50 per month, ISDN Channels will increase by £3 per month, SIP/IPDC Channels will increase by £1.50 per month, SoGEA Broadband will increase by £3 per month, FTTP Broadband will increase by £4 per month, ADSL Broadband will increase by £3 per month, Ethernet Lease Lines will increase by £25 per month, FibreLight Broadband will increase by £7.50 per month, FibreBright Broadband will increase by £15 per month, BroadbandPlus will increase by £7.50 per month, Pure Broadband will increase by £5 per month, Better Business Broadband will increase by £4 per month, Mobile Broadband (MBB or Data SIMs) will increase by £5 per month, Starlink will increase by £25 per month, Starlink Lite will increase by £7.50 per month, Cloud/VoIP Licenses will increase by £1.50 per month. All other charges will increase by a fixed 10%.
5.4 Interest shall be chargeable at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 and accrue daily from the due date to the date of actual payment, whether before or after a court judgment.
5.5 Associated Telecom Limited will pass all charges incurred to the Customer including one-off costs and chargeable calls as per the Price Guide which can be viewed at www.associated-telecom.com/price-guide.
5.6 Associated Telecom Limited may arrange a third-party engineer appointment if all other diagnosis steps prove unsuccessful in resolving a fault reported by you. In the event that an engineer visits your premises and is unable to gain access or it is diagnosed that the fault is caused by Equipment or Services not supplied by Associated Telecom Limited, including but not limited to, your internal wiring, Equipment, telephone / router settings, a charge of £150 plus VAT will apply.
5.7 Upon entering into an agreement with Associated Telecom Limited the Customer agrees that charges will accrue and be due for all Services from the point of Connection not the point they are first used by the Customer.
5.8 If the Customer does not provide Associated Telecom Limited with all of the information required in order for Associated Telecom Limited to provide the agreed services or complete the installation of services fully, Associated Telecom Limited reserve the right to proceed with billing the customer the equivalent rate of the agreed services until such time as the services are able to be delivered to and/or used by the Customer.
5.9 The Customer will pay all Charges associated with your use of the Services in accordance with the Direct Debit instruction provided or by such other means as we may agree in the event that there is a failure to collect amounts properly charged against the Direct Debit mandate we hold. In such event, we reserve the right to restrict the Services until payment has been received in full and a valid Direct Debit is restored. Associated Telecom reserve the right to charge a Late Payment Admin Fee of £25 plus VAT for any monthly Service invoices that are overdue after the 24th of each month.
5.10 If, in response to our notification, you clear the balance owed and provide us with a valid payment method (as described in Section 5.9 above) so as to enable us to collect future payments due on your account, we will reinstate your services. If we are still unable to recover all payments due, or if your account remains wholly or partly outstanding for any other reason, we will: (a) Suspend your access to the Services and send a further written notification requiring you to pay your account balance in full within 7 days from the date of this notification, failing which we reserve the right to terminate your services due to non-payment, refer your outstanding account to credit reference agencies and/or solicitors and/or other third party collection Services (in which case you will be responsible for all costs that are incurred by us in taking such action); and (b) charge you interest on the outstanding amount at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 and accrue daily from the due date to the date of actual payment, whether before or after a court judgment together with an administration fee of £250 plus VAT for the submission of the further written notification.
5.11 At the end of a Contract, all outstanding sums, and any cancellation charges, including those we may incur from a third party for disconnecting your service, will become immediately due and payable.
5.12 The Customer agrees to reimburse to Associated Telecom Limited all legal and professional costs properly and lawfully incurred by Associated Telecom Limited in Connection with any legal proceedings taken by Associated Telecom Limited to recover sums due under any contract on a full indemnity basis.
5.13 Any amounts due to Associated Telecom Limited are not subject to set-off and/or counterclaim.
6.1 Subject to the remaining provisions of this clause 6, Associated Telecom Limited may, acting in its sole discretion, provide the Customer with a Subsidy as a result of the Customer entering into this agreement. Any subsidy provided by Associated Telecom Limited will be made at their discretion and is not an incentive to leave your current provider.
6.2 In the event that Associated Telecom Limited does provide the Customer with a Subsidy this may be provided at the sole discretion of Associated Telecom Limited, using the following methods set out below or any combination of them;
6.2.1 Deducting this form the value of the Equipment or Services which the Customer orders from Associated Telecom Limited, or
6.2.2 The payment of monies (representing the amount of the Subsidy) to the Customer and such monies shall be paid to the Customer, in full after the expiry of 1 month from the Connection date where the applicable Minimum Term is at least 24 months.
6.2.3 Using such amount to discharge any termination charges levied upon the Customer by the relevant network/service provider for terminating their previous agreement subject to Associated Telecom Limited being provided with a copy of the relevant invoice from the previous supplier.
6.3 Any Subsidy (or instalment payment of a Subsidy) is payable by Associated Telecom Limited within 30 days from the date the Customer presents an invoice to Associated Telecom Limited (save that no invoice shall be necessary where the Subsidy is being deducted from the price of the Equipment/Services ordered by the Customer pursuant to clause 6.2.1) provided that;
6.3.1 At all times the Connection is still active on the relevant payment date that the Subsidy (or instalment payment of the Subsidy) is due;
6.3.2 Where the invoice is payable in instalments or after a prescribed period of time the appropriate trigger date has passed.
6.3.3 The invoice has been raised in accordance with the provisions of this agreement, and
6.3.4 Where the;
(a) Invoice is for termination charges pursuant to clause 6.2.3, this amount is invoiced within 180 days of the Connection date; and or
(b) Invoice is for the payment of monies pursuant to clause 6.2.2. This amount is for the payment of monies pursuant to clause 6.2.2 This amount is invoiced within 180 days of the Connection date; and or
(c) Amount claimed is being deducted from the price of Equipment/Services ordered by the Customer pursuant to clause 6.2.1, this amount is claimed during the Minimum Term; and in the event that the Customer fails to invoice/claim the Subsidy within the timescale set out in clause 6.3.4 (a) to (c) (inclusive) then the Customers right to the Subsidy shall cease.
6.4 The Customer acknowledges that;
6.4.1 The payment of the Subsidy is conditional upon;
(d) The Customer maintaining each Connection for the Minimum Term, and
(e) Such other conditions as are notified from time to time by Associated Telecom Limited.
6.4.2 Associated Telecom Limited will provide the Subsidy prior to the satisfaction of the conditions set out in clause 6.4.1 and hence the need for clause 6.5.
6.5 Associated Telecom Limited shall be entitled to reclaim from the Customer the Subsidy (or such proportion of the Subsidy) already paid to the Customer (or withhold such amount from any Subsidy or instalment of a Subsidy to be paid to the Customer) in the event that;
6.5.1 A Connection and/or Service is for whatever reason disconnected prior to the expiry of the Minimum Term; or
6.5.2 A Connection and/or Service is for whatever reason upgraded/resigned without the relevant written permission from a Director of Associated Telecom Limited prior to the expiry of the Minimum Term; or
6.5.3 A Connection and/or service or care of a Connection is transferred to another network/provider/dealership/broker prior to the expiry of the Minimum Term, or
6.6 Any such sum reclaimed (or withheld) pursuant to clause 6.5 shall be invoiced to the Customer and such sum shall be payable (unless withheld) within 14 days of the date of the Associated Telecom Limited invoice.
6.7 In the event that a Customer cancels prior to the Connection, cancels or disconnects a Service prior to the expiry of the Minimum Term, upgrades/resigns a Connection and/or Service for whatever reason without the relevant written permission from a Director of Associated Telecom Limited prior to the expiry of the Minimum Term, transfers a Connection and/or Service or care of a Connection and/or Service to another network/service provider/dealership/broker prior to the expiry of the Minimum Term, or a Connection and/or Service is downward migrated during the Minimum Term then Associated Telecom Limited shall be entitled to charge the Customer the sum of all outstanding charges that the Customer would have incurred should the agreement have continued to the end of the minimum term. This will include, but is not limited to, any remaining line rental charges, licence fees and any other recurring costs multiplied by the remaining months remaining until the expiry of the Minimum Term of the agreement. The Customer agrees that this amount is a pre estimate of the loss incurred by Associated Telecom Limited and not an attempt by Associated Telecom Limited to penalise the Customer for ending their agreement with Associated Telecom Limited. The invoice for Early Termination Charges will be issued to the customer on receipt of their termination notice and payable within 7 days of the date of the invoice.
7.1 The Customer agrees to an annual maintenance fee of £35 plus VAT (the “Annual Maintenance Fee”), which will be added to the Customer’s account each year on the 1st of August.
7.2 The Annual Maintenance Fee covers firmware updates, software updates, and routine maintenance services provided by Associated Telecom Limited.
7.3 The customer is understands that requested changes to your telephone systems call routing, schedules and professional voice services such as on-hold marketing may be chargeable.
7.4 Failure to pay the Annual Maintenance Fee may result in the suspension of services until full payment is received.
7.5 Associated Telecom Limited reserves the right to adjust the Annual Maintenance Fee amount annually, as per Clause 5.3.
7.6 If the Customer terminates the agreement before the 1st of August, the Customer will not be liable for the upcoming Annual Maintenance Fee. However, any previously invoiced and unpaid Annual Maintenance Fees will remain due and payable.
8.1 The Customer acknowledges that Associated Telecom Limited is not the manufacturer of the Equipment, and accordingly, that the warranty given by Associated Telecom Limited is limited as follows. If any Equipment is proven to the reasonable satisfaction of Associated Telecom Limited to be defective in material or workmanship, then;
8.1.1 If the Equipment is returned to Associated Telecom Limited within 14 days of the date of their delivery then Associated Telecom Limited will at its option (a) repair the Equipment, (b) replace the Equipment, (c) substitute substantially equivalent goods, or (d) credit the Customer in respect of any such Equipment; for the avoidance of doubt, where Associated Telecom Limited replaces Equipment or provides substitute goods, the original Equipment returned by the Customer will belong to Associated Telecom Limited provided that these obligations on the part of Associated Telecom Limited will not apply where;
(a) The Equipment has been altered in any way whatsoever or has been subjected to misuse, damage, or unauthorised repair; or
(b) The Customer has failed to observe any maintenance requirements relating to the Equipment; or
(c) The Equipment has been improperly installed or connected (unless Associated Telecom Limited carried out such installation and Connection); or
(d) The Equipment has been expressly sold on a “No Warranty” basis or in respect of any promotional items supplied from time to time with or in Connection with the Equipment.
8.2 Save as provided in this agreement, Associated Telecom Limited hereby excludes all conditions, warranties and stipulations express or implied, statutory, customary, or otherwise which but for such exclusion would or may subsist in the favour of the Customer.
9.1 Associated Telecom Limited liability for loss of damage of any kind whatsoever (however such liability arises and whether in contract, taught, for the breach of statutory duty or otherwise) under or in Connection with;
(a) This agreement and/or
(b) Any matter collateral to this agreement and/or in respect of any representation or misrepresentation (other than a fraudulent misrepresentation made by or on behalf of Associated Telecom Limited); shall in no circumstances exceed the sum paid by the Customer to Associated Telecom Limited in respect of the Equipment of Services with which such liability arises provided that nothing in this clause shall limit or exclude liability for death or personal injury arising from Associated Telecom Limited negligence.
9.2 Save as otherwise provided, Associated Telecom Limited will be under no liability under this agreement for any personal injury, death, loss, or damage of any kind whatsoever (other than death or personal injury resulting from Associated Telecom Limited negligence) whether consequential or otherwise including but not limited to loss or profits, pure economic loss, loss of business, and depletion or goodwill.
9.3 Save for death or personal injury resulting from Associated Telecom Limited negligence, Associated Telecom Limited shall not be liable for any loss as a result of electromagnetic frequencies or any similar result from use of the Equipment.
10.1 Associated Telecom Limited will be entitled to assign, subcontract, or sub-let this agreement or any part thereof. The Customer shall not be permitted to assign or sublet this agreement or any part thereof without the written consent of Associated Telecom Limited.
10.2 Any costs incurred by Associated Telecom Limited in recovering any outstanding sums from the Customer will also be added to the Customer’s liability and payable by the Customer in full in addition to any outstanding sums and those costs can be added and claimed against the Customer in court proceedings as well as claiming the costs incurred by those court proceedings.
10.3 Failure by Associated Telecom Limited to enforce any of the provisions of this agreement will not be construed as a waiver of any of its rights hereunder.
10.4 Associated Telecom Limited shall be entitled to amend any of the terms of this agreement upon the giving of 7 days written notice to the Customer.
10.5 In relation to all obligations of the Customer under this agreement, the time of performance is of the essence.
10.6 Associated Telecom Limited will only use your information in accordance with our Privacy Policy which you agree to by ordering and/or using a Service. Please see our Privacy Policy at www.associated-telecom.com/privacy-policy. We reserve the right to email service announcements to you in connection with the Service and communicate with you about anything relating to your agreement with Associated Telecom Limited.
10.7 The illegality, invalidity or unenforceability of any clause or part of the agreement will not affect the legality, validity or enforceability of the remainder. If any such clause is found by any competent court or authority to be illegal, invalid, or unenforceable the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid, or unenforceable.
10.8 The failure of Associated Telecom Limited to enforce the provisions of the contract at any time shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of Associated Telecom Limited to enforce any provision at any time in accordance with its terms.
10.9 The legal construction of these clauses shall not be affected by their headings which are for convenience or reference only.
10.10 Any demand, notice or communication shall be deemed to of been duly served;
10.10.1 If delivered by hand, when left at the proper address for service.
10.10.2 If given or made by prepaid first-class post, 48 hours after being posted (excluding Saturdays, Sundays, and public holidays).
10.10.3 If given or made by email at the time of the email being sent which if it occurs before 4.00pm (UK time) then on the same day of it being sent is deemed the date of notice is given and if after 4.00pm (UK time) then the next business day within the UK (excluding bank holidays). For the purpose of this clause a “business day” is a day when the banks in the location of the recipient are open for a full range of banking transactions. Any demand, notice or communication shall be made in writing or by email addressed to the recipient at its registered office or its address stated in this agreement (or such other address or email address as may be notified in writing from time to time).
10.11 The Customer agrees that Associated Telecom Limited are not required to comply with Regulations 9(1), 9(2) and 11 of the Electronic Commerce (EC Directive) Regulations 2002.
10.12 No variation to this agreement may be made unless set out in writing and signed by a director of Associated Telecom Limited.
10.13 This agreement shall be governed by English Law and parties submit to the exclusive jurisdiction of the English courts.
Notice to Small Business Customers
This notice applies to small business customers with 10 or fewer employees who receive telecommunication services regulated by Ofcom (referred to in this document as “Eligible Customers”).
UK telecoms laws and regulations, such as the General Conditions of Entitlement (General Conditions) and Communications Act 2003 offer certain protections, some of which can be waived by Eligible Customers.
The purpose of this notice is to inform you of the rights which Associated Telecom is asking you to waive, so that you can make an informed decision before entering your contractual agreement with us.
You can find details of the General Conditions and the protections it contains for consumers and small business customers here: https://www.ofcom.org.uk/phones-and-broadband/coverage-and-speeds/gen-conditions/
Duration, Renewal and Termination.
Contracts should not have a minimum commitment period longer than 24 months and should not be automatically extended where a customer purchases additional services under that contract unless they have provided express consent.
Before entering your contract with Associated Telecom please ensure you are happy with the length of your minimum commitment period and the conditions under which the term of your contract can be extended. If you have any questions relating to the duration, renewal or termination of your contract, please contact your consultant or account manager.
If you choose not to waive any of the above detailed rights, please contact your consultant or account manager who will be able to explain to you how this decision may affect your contract with Associated Telecom.
