Services Contract Terms & Conditions
DEFINITIONS. In this agreement
the following terms shall have the following meanings:
`Services' the service or services
specified on the CSA which Logical Focus Ltd, t/a Logical Telecom (LT)(Logical) agree to provide for its customer.
`Customer' the individual, company or
organisation named on the CSA who agree to use the service or services of
specified overleaf on the terms set out in this agreement or as notified by LT
to the customer from time to time.
`Term' this agreement shall come into
full force and effect from the date of supply by LT and shall continue unless
terminated by either party giving to the other not less than 1 months written
notice after the contract minimum duration has expired for any other services
included on this agreement or added to the monthly invoice from time to time
with the customers consent.
`Customer Consent' shall mean
notification of service request from the customer by any of the following:
official customer order, letter, fax, email, and verbal instructions will also
be classed as consent once the invoice has been paid.
`Minimum Call Spend' shall mean calls to
a value in excess of £50 per invoice period (monthly) that the customer agrees
to make using the services provided. Should this figure not be reached an
invoice will be issued for this value.
“CSA” means Customer Service Agreement or
any other document signed by the Customer
1. OBLIGATIONS OF LT
1.1. LT agrees to deliver the equipment described on the CSA
and install the equipment at the customer's premises (subject to clause 3.1).
1.2. LT will use its best endeavours to deliver and install
the equipment on the agreed date. Any date specified shall not be a part of
this agreement but an estimated date only. LT accepts no responsibility for
failure to meet the agreed delivery and installation date.
1.3. LT or their appointed agents will carry out the work
required to install the equipment during normal working hours. At the customers request LT may agree to install the equipment
outside normal working hours in which case the customer shall pay LT reasonable
charges for complying with such a request.
1.4. LT undertakes to take reasonable care in the
installation, operation and maintenance of the services to the customer. Upon
notification of a fault by the customer, LT undertakes to use its best
endeavours during normal working hours to rectify such faults provided that the
fault has arisen from normal and proper use of the equipment and services.
1.5. LT reserve the right to charge the customer for all
cost incurred as a result of carrying out maintenance or repair work, which in
LT reasonable opinion is considered unnecessary.
1.6. Logical may vary all or any of its charges by
publishing of such variations in its Tariff Sheets. Such variances to have
immediate effect under this Agreement unless otherwise stipulated therein.
Logical may vary the conditions of this Agreement to take account of new
Legislation, statutory instrument, Government Regulations or Licenses or similar
matters provided that the Subscriber is notified of any such variances in
writing or by publishing such variation at Logical’s
principal place of business.
1.7. It is the policy of Logical to continually review the
charges it makes, its service charter and terms upon which it contracts with
Customers in order to maintain a competitive advantage over the other providers
of similar service and Logical accordingly reserves the right to vary its
process and tariffs as set out in its price list, its service charter and these
terms from time to time in accordance with the policy.
1.8. Line Faults
Fault Report Response LT aim to respond
to a fault report by a customer:
(a) for Level 1
/ Standard Care, by 17:00 on the next working day;
(b) for Level 2
/ Prompt Care, within 4 working hours
(c) for Level 3
/ Total Care, within 4 hours
Failure of the Service
LT will clear a Failure of the Service:
(a) If the Customer has Level 1 /
Standard Care or Level 2 / Prompt Care, before midnight on the first working
day following the working day the Customer reports the Failure of the Service
to LT or on a later date agreed by both parties.
(b) If the Customer has Level 3 / Total
Care, within 24 hours of the Customer reporting the Failure of the Service to
LT or on a later date agreed by both parties.
Definitions:
Level 1/ Standard Care - The working
hours for this service are 0800-1700 Mon - Fri excluding Pulic
and Bank Holidays. Faults may nevertheless be reported 24/7. Where a fault is
reported outside working hours for this service the fault will be treated as if
it has been reported at the beginning of the next working day. Work will only
be carried out during a normal working day.
Level 2/ Prompt Care - The working hours
for this service are 0800-1700 Mon - Sat excluding Public and Bank Holidays.
Faults may nevertheless be reported 24/7. Where a fault is reported outside
working hours for this service the fault will be treated as if it has been
reported at the beginning of the next working day. Work will only be carried
out during a normal working day. If the fault is not cleared within the
timescales set out in Fault Report Response times above during this period LT
will advise the Customer's nominated contact of the progress being made to
clear the fault. Where LT personnel are working on a fault at the end of the
normal working day for this service it may be possible for work to continue at
the Customers request however there may be an additional charge.
Level 3/Total care - This service
operates 24/7 including Public and bank holidays. LT will respond within 4
hours of receipt of a fault. If the fault is not cleared
within the timescales set out in Fault Response Times above LT will advise the
Customers nominated contact of the progress being made to clear the fault.
Ste Assurance - enables end users to have their calls re
routed to an alternative site if their normal site becomes unusable for any reason.
2. THE CUSTOMER OBLIGATIONS
2.1. The customer shall be responsible for the safe custody
and for the safe and proper use of the service and related equipment as
described overleaf following installation of the service by LT.
2.2. The customer shall notify LT immediately of any loss or
damage to the equipment and shall indemnify LT for any such loss or damage.
2.3. The customer shall permit LT or any person authorised
by LT to have reasonable access to the customers
premises and service connection points and provide such reasonable assistance
as requested by LT to enable them to carry out their obligations under this
agreement.
2.4. Any equipment (unless specifically purchased or
provided by the customer) shall remain the property of LT at all times.
2.5. Any charges incurred by the customer in connection with
the re-programming of existing equipment either to commence using the services
of LT or after termination of service under this agreement shall be borne by
the customer alone.
3. PAYMENT
3.1. LT shall be entitled to charge an agreed fee for the installation of the equipment.
3.2.
LT shall be entitled to levy an agreed monthly rental
fee for the equipment owned by LT.
3.3. LT reserves the right to vary any specified monthly
rental fee or the required Minimum Call Spend from time to time provided that
the customer is notified in writing at least one month prior to any variation
taking effect.
3.4. LT shall charge for services in accordance with their
current tariff LT reserve the right to vary such tariff from time to time
provided that the customer shall be notified in writing at least one month in
advance of any variation taking effect.
3.5. All prices quoted or displayed on a tariff sheet are
subject to VAT at the prevailing rate.
3.6. LT will invoice the customer monthly for all charges
due under this agreement. Payments of invoice will be collected by Direct Debit
Mandate 14 days from invoice date, unless specific differing payment terms are
agreed and authorised in writing by a director of LT
3.7. Charges for non-Direct Debit is £2.50 + VAT per line per month until a Direct Debit
form is fully completed and received by Logical or of the duration of the
Agreement.
3.8. Should the Direct Debit fail and it is deemed to be the
Customer’s responsibility, a charge of £10 + 2% of the invoices value will be
charged.
3.9. A 4% surcharge, based on the invoice value, is charged
for any credit card payment.
3.10. LT reserve the right to charge daily interest on
amounts outstanding 14 days after invoice until payment is received at a rate
of 6% above the Bank of England base rate from time to time in force whether
before of after judgement.
3.11. All sums due under this agreement shall be paid in full
without any offset whatsoever.
3.12. All charges payable under this agreement shall be
calculated by reference to data recorded or logged by LT and not that of the
customers.
3.13. Any dispute much be registered with LT within 5 working
days of the date of invoice otherwise payment in full is due on the due date.
4. SUSPENSION OF SERVICE/TERMINATION
4.1. LT reserves the right to suspend forthwith the
provision of services until further notice without liability to the customer on
notifying the customer either orally or in writing in the event that:
4.1.1. The customer is in breach of any material term of this
agreement or
4.1.2. LT is obliged to comply with an order of any relevant
authority to suspend services.
4.2. The customer shall reimburse LT for all reasonable
costs and expenses by the implementation of such suspension and/or the
provision of the service as appropriate. This shall not apply where the
suspension is implemented otherwise than as a consequence of breach, fault or
omission of the customer.
4.3. Either party may terminate this agreement forthwith in
the event that an interim order is applied for or made, or a voluntary
arrangement approved, or if a petition for bankruptcy order is made against the
other party or if a receiver or trustee in bankruptcy is appointed of the other
party's estate or a voluntary agreement is proposed or approved or an
administration order is made, or a receiver or administrative receiver is
appointed of any of the other party's assets or undertakings or a winding up resolution
or petition is passed or presented (other than for the purposes of
reconstruction or amalgamation) or if any circumstances arise which entitle the
court or creditor to appoint a receiver, administrative receiver, or
administrator or to present a winding up petition or make a winding up order.
4.4. You may end this agreement in the following ways:
4.4.1. You can end the agreement during your Minimum Term by giving notice at least 30 days before the date you want to end
the agreement. However, you must pay us
all outstanding charges, plus a Cancellation Fee, calculated at time of notice.
4.4.2. On 90 days’ notice, outside the Minimum Term. You can end the agreement if your agreement
does not contain a Minimum Term, or if you want to end the agreement at the end
of your Minimum Term or any time after your Minimum Term has expired, provided
you give notice to Customer Services at least 90 days before the date you want
to end the agreement.
4.4.3. Within three months of a detrimental variation to your
agreement. You can end the agreement
within three months of us telling you about a variation to your agreement which is
likely to be of detriment to you. You
must give written notice and your agreement will finish at
the end of the period once we receive your notice.
4.5. We may end this agreement in the following ways:
4.5.1. On 30 days’ notice, outside the Minimum Term. If your
agreement does not have a Minimum Term, or the Minimum Term has expired, we can
end this agreement by giving at least 30 days’ notice of ending the agreement.
4.5.2. Because of your conduct.
In the following cases, we may end this
agreement immediately and you have to pay all the Charges you owe up until we
disconnect you:
4.5.2.1
We have the right to Suspend your Services on any of
the grounds in Section 4.1 and we believe that the grounds are serious and have
not been, or are unlikely to be rectified.
4.5.2.2
If you have persistently failed to pay
monies properly due to Logical under this Agreement.
4.5.2.3
In the event of your bankruptcy,
insolvency or death.
4.5.3. Once connected, you can only end this agreement
in the ways set out in this Section.
However, if you are a consumer, any statutory rights which you may have,
which cannot be excluded or limited, will not be affected by this section. For more information on your statutory
rights, contact your local authority Trading Standards Department or Citizen’s
Advice Bureau.
4.6. Upon termination the customer acknowledges that it
shall have no licence, right, title or
interest to any Non Geographic numbers or lines or services provided by
LT.
4.7. Effect of this
agreement ending
4.7.1. If this agreement ends, we will close the account and
Disconnect all Services including emergency
calls.
4.7.2. You must immediately pay all Charges owed up to the
date the agreement ends. If we end the
agreement due to your conduct or if you end your
agreement within the Minimum Term, the Charges will include a Cancellation Fee.
5. LIABILITY
5.1. Nothing in this agreement shall exclude or restrict
LT's liability for death or personal injury resulting from the negligence of LT
or of its employees whilst acting in the course of their employment.
5.2. LT shall not be liable to the customer in contract,
tort or otherwise, including liability for negligence, for any loss of revenue,
business, anticipated savings or profit or any indirect or consequential loss
however arising.
5.3.
In the event that a customer diverts its traffic to
another carrier, LT shall not be liable for any charges incurred.
5.4. LT shall not be obliged to make good the customers premises in the event of removal of equipment.
5.5. Neither party shall be liable to the other for any loss
or damage which may be suffered by the other party due to any cause beyond the
first party's reasonable control including without limitation any act of God,
inclement weather, failure or shortage of power supplies, flood, drought
lightening or fire, strike, lock out, trade dispute or labour disturbances, any
other act or omission of Government, highways authorities, other public
telecommunications operators or other competent authority, production or supply
or services by third parties.
6. GENERAL
6.1. The customers shall not assign any rights or
obligations under this agreement without prior written consent of LT. Such
consent shall not be unreasonably withheld.
6.2. The customer and LT acknowledge that this agreement
represents the whole agreement between the parties and that neither party has
relied upon any oral or written representations made to it by the other or its
employees or agents and has made its own investigations into all matter
relevant to it.
6.3. Any notice invoice or other document which may be given
to either party made under this agreement shall be deemed to have been given if
left at or sent by post or facsimile transmission (confirming the same by post)
to an address notified by either party in writing as an address to which
notices or other documents may be sent.
6.4. LT's address for the service of any notice hereunder
shall be such an address as appears on the last invoice rendered to the
customer or such other address as may be prescribed by LT for that purpose.
6.5. Headings contained in this agreement are for reference
purposes only and should not be deemed to be any indication of the meaning of
the clause to which they relate.
6.6. This agreement shall be governed and constructed and
interpreted in accordance with English law and the parties hereby submit to the
jurisdiction of the English Courts.
6.7. Logical reserve the right to activate the telephone
numbers detailed overleaf on CPS (carrier Pre Select). This means that BT will
be notified on the customers behalf to route all calls
via a nominated carrier from the local BT exchange.
6.8. Notices
6.8.1. Any notice or other communication required or permitted
under this Agreement to be given in writing to the address of the recipient
stipulated therein or as notified from time to time and will be deemed to have
been given or made when delivered personally if properly addressed and posted
by first class mail in England within two business days of posting and/or if
sent by facsimile upon being sent or if sent by e-mail or other electronic
means upon such communication being acknowledged has having been received.
6.8.2. Notices given to Logical will only be accepted in
writing to Logical’s registered address or by email
to cease@logicaltelecom.co.uk.
6.9. You confirm that you have full contractual capacity to
agree to the agreement.
Logical Focus Ltd
t/a Logical Telecom, Oak House, Oak Mills, Topcliffe
Lane, Morley, Leeds. LS27 0HL Tel:
08448 112200
E&OE
