The Service we promise to provide:
1. What the Service is
2. Things we may have to do
3. Phone number
4. The Phone Book and Directory Enquiries
5. Call Monitoring
6. Use of your information
7. When we will provide the Service
8. Repairing faults
What you agree to do
9. Paying our charges for the Service
10. Your other responsibilities If things go wrong
11. If we break this agreement
12. Matters beyond our reasonable control
13. If you break this agreement
14. Arbitration Changing and ending the agreement
15. Changing the agreement
16. Transferring the agreement
17. Cancelling the Service before it is provided
18. Ending the agreement after the Service is provided
The other things we need to tell you
19. How to give notice
20. Third Party Rights
21. Explanations of certain words There are explanations of some of the words used in these conditions in paragraph 22 and in our Price List. These Terms and Conditions apply to new and existing customers and are effective from the implementation date shown on the Agreement.
1. WHAT THE SERVICE IS
The Service we supply to you (our Customer) is the ability to make or receive a Call (or both). The Service does not include any phones or other equipment that we may supply to you under a separate agreement. In providing the Service, we promise to use the reasonable skill and care of a competent telecommunications service provider. When you elect to make outbound calls using our Service you will be able to make a choice of networks to carry your calls.
(a) Standard Network Service By selecting this service your calls will be routed via the UK 's leading
(b) Telefonix Network Service By selecting this service your calls will be routed over an alternative network to the Standard Network. Telefonix Network calls are charged at a substantial discount to the Standard Network. The Customer Service Guarantee does not apply to calls made over the Telefonix Network. You will have the option to route individual calls over the Standard Network at any time. Calls made over the Standard Network, whether intentionally or unintentionally will be charged at the Standard Network rate.
2. THINGS WE MAY HAVE TO DO
2.1 We may have to do some things that could affect the Service. These things are listed in paragraph 2.2. If we have to interrupt the Service we will restore it as quickly as we can.
2.2 Occasionally we may have to:
(a) Change the code or phone number or the technical specification of the Service for operational reasons;
(b) Interrupt the Service for operational reasons or because of an emergency;
(c) Give you instructions that we believe are necessary for health or safety, or for the quality of the Service that we supply to you or to our other customers.
3. PHONE NUMBER
3.1 You have no right to sell or to agree to transfer the number provided to you for use with the Service and you must not try to do so.
4. THE PHONE BOOK AND DIRECTORY ENQUIRIES
4.1 We will put your name, address and the phone number for the Service in The Phone Book for your area and make your phone number available from our Directory Enquiries Service, as soon as we can. However, we will not do so if you ask us not to.
4.2 If you want a special entry in The Phone Book you must let us know. Where we agree to a special entry you must pay an extra charge and sign a separate agreement for that entry.
5. CALL MONITORING
We may occasionally monitor and record calls made to or by us relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services, including complaint handling.
6. USE OF YOUR INFORMATION
6.1 We will use the information we have about you and your use of the Service for marketing purposes. However, we will not do so if you ask us not to.
6.2 For your information we process your billing data and information about your use of Telefonix service(s) (this includes information about your bill size, the numbers you call and the times you call) for marketing our own telecommunications products and services. This allows us to better inform you about products, services, pricing packages and special offers which we provide and which we believe may be of particular interest to you. We do not disclose this information to anyone else. We need your consent to continue to give you all the benefits that this processing provides and will assume we have it, unless you tell us otherwise by writing to us at Systems Supported Ltd t/a Telefonix Voice & Data, Unit 1 Bourne Mill Business Park, Guildford Road, Farnham, Surrey, GU9 9PS.
7. WHEN WE WILL PROVIDE THE SERVICE
We will provide you with the Service by the date we agree with you. Unless a reason covered by paragraph 12 or 13 becomes applicable.
8. REPAIRING FAULTS
8.1 We cannot guarantee that the Service will never be faulty. However, if we do not put right a failure of the Service within the time limits set out in our Customer Service Guarantee, you may be able to claim compensation under that Guarantee, unless we fail for a reason covered by paragraph 12 or13.
8.2 We will work on any fault that is reported to us according to the repair service we have agreed to provide to you. These repair services are explained in the BT Price List.
8.3 When we agree to work on a fault outside the hours covered by the repair service that we provide to you, you must pay us the extra charge set out in the BT Price List.
8.4 If you tell us there is a fault in the Service and we find either that there is not or that someone at your premises has caused the fault, we may charge you for any work we have done to try to find the fault or to repair it. Our charges for this are set out in the BT Price List.
WHAT YOU AGREE TO DO
9. PAYING OUR CHARGES FOR THE SERVICE
(a) You must pay the charges for the Service as set out in our Price List. This applies whether you use the Service or someone else does. We can change the charges as explained in paragraph 15.2.
(b) If someone makes a Call without your knowledge, from our side of the main telephone socket, you will not have to pay for the Call, unless we prove that you could have taken reasonable steps to prevent the Call being made
You must pay us rental from the day we supply the Service. We will ask you to pay the rental in advance. The rental will depend on how we classify your line. The classifications are explained in our Price List. If we supply you with temporary Service, you may have to pay the rental in advance for the whole period that you want the Service.
9.3 CALCULATING THE CALL CHARGES
We will calculate the charges for Calls using the details recorded at the telephone exchange.
We will send you your first bill shortly after we provide the Service. We will send you further bills monthly, but we may send you a bill at any time. We will include all charges on your next bill where possible, and in any event as soon as we can. We will send bills to the address you ask us to.
9.5 PAYMENTS IN ADVANCE, DEPOSITS AND CREDIT LEVELS
(a) We may ask you for a payment before one is normally due. This will not be more than the connection charge and rental for the Minimum Period, except in circumstances where we send you a bill because you have exceeded your Credit Level.
(b) We may ask for a deposit at any time, as security for payment of your bills if it is reasonable for us to do so. Our procedures for deposits are published in our office.
9.6 WHEN YOU MUST PAY
You must pay all charges and rental as soon as you receive your bill and deposits when we ask for them. Our standard payment terms are payment within 14 days by direct debit unless agreed otherwise in writing. If at any time a direct debit is not in place (e.g. due to cancellation) then payment must be made by another means within 14 days.
10. YOUR OTHER RESPONSIBILITIES
10.1 Connecting and using your equipment with our network
(a) You may only connect phones, extension wiring, sockets or other equipment to our network using a main telephone socket that we have fitted and maintain, unless we agree otherwise. We may end any such agreement after giving you reasonable notice.
(b) Equipment must only be used with our network in a way that meets the relevant standards. If your equipment does not meet those standards, you must immediately disconnect it, or allow us to do so at your expense. If you ask us to test your equipment to make sure that it meets those standards, you must pay us the charge set out in the BT Price List.
10.2 SUPPLYING A PLACE AND ELECTRICITY FOR OUR EQUIPMENT
We will have to place equipment on your premises to provide you with the Service. For residential customers this will normally be just a main telephone socket. You must provide a suitable place and conditions for our equipment. If we have to supply equipment that needs a continuous mains electricity supply and connection points, you must provide them where we need them at your own expense.
10.3 PREPARING YOUR PREMISES
You must prepare your premises before we arrive according to any instructions that we give you. When our work is completed, you will also be responsible for putting items back and for any necessary re-decorating. Entry to your premises
(a) If our engineers have to enter your premises you must let them do so as long as they show their Identity Card. We will meet your reasonable requirements about the safety of people on your premises and you must do the same for us.
(b) If we need someone else's permission to cross or put our equipment on their premises, you must get that agreement for us and make any necessary arrangements.
Nobody must tamper with our equipment that is on your premises. If anyone does and there is any damage to or loss of our equipment, you must pay the charge in the BT Price List for any necessary repair or replacement.
10.6 MISUSE OF THE SERVICE
Nobody must use the Service:
(a) To make offensive, indecent, menacing, nuisance or hoax Calls;
(b) Fraudulently or in connection with a criminal offence; and you must make sure that this does not happen. The action we can take if this happens is explained in paragraph
13.4. If a claim is made against us because the Service is misused in this way, you must reimburse us in respect of any sums we are obliged to pay.
If you use the Service for business purposes, you must indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them.
IF THINGS GO WRONG
11. IF WE BREAK THIS AGREEMENT
11.1 We accept liability for being late in providing the Service or repairing a failure of the Service, or for failing to keep an appointment, unless for a reason covered by paragraph 12. However, our liability is limited as set out in the Customer Service Guarantee and in this paragraph
11. 11.2 We accept liability if you are injured or die as a result of our negligence. We do not limit that liability and paragraphs 11.3, 11.4 and 11.5 do not apply to that liability.
11.3 Unless the Customer Service Guarantee says otherwise, we have no liability under this agreement. Our liability under this agreement for a failure in provision of the Service or the Service itself is detailed in the Customer Service Guarantee. This does not affect our liability if we are negligent.
11.4 We have no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed.
11.5 Any liability we have of any sort (including any liability because of our negligence) is limited to £1 million for any one event or any series of related events, and in any 12-month period to £1 million in total.
11.6 Each part of this agreement that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.
12. MATTERS BEYOND OUR REASONABLE CONTROL
If we cannot do what we have promised in this agreement because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. However, we will refund a day's rental to you for any day, or part day, that there is a failure of the Service because of something beyond our reasonable control.
13. IF YOU BREAK THIS AGREEMENT
13.1 We can suspend the Service or end the agreement (or both) at any time without telling you if:
(a) You break this agreement or any other agreement you have with us for telephone services and fail to remedy the breach within a reasonable time of being asked to do so;
(b) We believe that the Service is being used in a way forbidden by paragraph 10.6. This applies even if you do not know that the Calls are being made or the Service is being used in such a way;
(c) Bankruptcy or insolvency proceedings are brought against you, or if you do not make any payment under a judgment of a Court on time, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
13.2 If your agreed Credit Level is reached before your next monthly bill is sent to you, we will inform you of the amount you have spent and agree any necessary action. If you have a limited payment history for the Service (less than 3 bills received and paid in full) we may also restrict your ability to make outgoing calls pending payment of charges accrued on our billing system.
13.3 If a payment is late, we will not suspend the Service or end the agreement until 14 days after the payment was due. However, if we suspend the Service and you miss another payment during the 12 months after we provide the Service again, we may then suspend the Service or end the agreement (or both) 7 days after the payment was due. In the case of a bill for Call charges only we may suspend the Service or end the agreement (or both) 14 days after payment was due. Cheques not honoured or Direct Debit returns will be given 24 hours to rectify, if not then immediate suspension of all services will ensue.
13.4 If we suspend the Service, we will not provide it again until you do what you have agreed, or satisfy us that you will do so in future or that the Service will not be used in a way that is forbidden by paragraph 10.6.
13.5 If we suspend the Service because you break this agreement, the agreement will still continue. You must pay us rental until we end the agreement by giving notice under paragraph 13.1 or you or we end the agreement by giving notice under paragraph 18.1.
13.6 All invoices are due for payment within 14 days of the invoice date. Any invoice outstanding after a further 14 days beyond this period will be referred to a third party for collection and will be subject to a surcharge of £250 plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
If we cannot resolve any dispute with you, you can refer the dispute to the Chartered Institute of Arbitrators.
Changing and ending the agreement
15. CHANGING THE AGREEMENT
15.1 IN GENERAL
If you ask us to make any change to the Service you must confirm your request in writing.
We can change the conditions of this agreement including our charges at any time. We will notify you with your monthly invoice at least 2 weeks before it takes place. If you are a residential customer, we will also give you at least 2 weeks notice in accordance with paragraph 19.
16. TRANSFERRING THE AGREEMENT
You cannot transfer or try to transfer this agreement or any part of it to anyone else.
17. CANCELLING THE SERVICE BEFORE IT IS PROVIDED
You may cancel Service any time up to 7 days before agreed date of provision. However, if you have ordered Service for business use you must pay for any work we have performed or monies we have expended.
18. ENDING THE AGREEMENT AFTER THE SERVICE IS PROVIDED
18.1 This agreement, or the supply of the Service, can be ended by:
(a) 14 day's notice from us to you; or
(b) 28 day's notice from you to us after the minimum 1 year term has expired.
18.2 If you give us notice that ends during the Minimum 1 year term (other than because we have increased our charges or materially changed the conditions of this agreement to your detriment), you must pay us the all payments that would have fallen due within the minimum term and cancellation period.
18.3 If you have paid any rental for a period after the end of the agreement, we will either repay it or put it towards any money you owe us.
18.4 You must pay all charges for the Service until the date on which we stop providing the Service to you.
18.5 We can end this agreement at any time without telling you if paragraph 13.1 applies.
19. HOW TO GIVE NOTICE
Any notice given under this agreement must be delivered by hand or sent by email or prepaid post as follows:
(a)To us at the address shown on our website or in section 6.2 of this agreement, or at any other address agreed by a Director of Systems Supported Ltd.
(b) To you at the address you have asked us to send bills to.
20. THIRD PARTY RIGHTS
A person who is not a party to this agreement, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
21. EXPLANATIONS OF CERTAIN WORDS
"Call" means a signal, message or communication that is silent, spoken or visual on each line that we agree to provide to you under this agreement.
"Credit Level" means the sum of money; you agree with us, you expect to spend on Call Charges during the period covered by your bills.
"Your equipment" means equipment that is not part of our network and which you use or intend to use with the Service.
"Failure of the Service" means the continuous total loss of the ability to make or to receive Calls or the continuous total loss of a related service.
"Your line" means a connection to our network.
"Main telephone socket" means the point where your equipment is connected to our network, which is called the Network Termination Point in your license.
"Minimum Term" means the first 12 months of the Service, or the minimum term stated on the Network Services Order Form, whichever is the greater.
"Our network" means the Telefonix Network or the Standard Network
"Your premises" means the place where the Service is or will be provided.
"Relevant standards" means the standards designated under Section 22 of the Telecommunications Act 1984
"Service" means all or part of the Service explained in paragraph 1 and any related services listed in our Price List that we agree to provide to you under this agreement.
"We" and "us" means Systems Supported Ltd t/a Telefonix Voice & Data
"Working day" means Monday to Friday 9.00 am to 5.00 pm not including Public Holidays.
"You" means the customer we make this agreement with. It includes a person who we reasonably believe is acting with the customer's authority or knowledge.
B. Additional Service Terms
MINIMUM TERM AND CONTRACT RENEWAL
The Minimum Term will be as specified on the Quotation or Order Form for each Service, or as otherwise agreed with you in writing. In the event that the Minimum Term is not on the Quotation or Order Form the Minimum Term will be 12 months from your Contract Commencement Date.
If this Agreement or any individual Services are terminated during the Minimum Term or any agreed term for the relevant Service(s) and you received free or subsidised installation or activation or any other contribution towards costs of any Services, Products, Equipment, Lines or third party termination charges as part of the Tariff or otherwise, then we reserve the right to impose a termination charge equal to the original cost.
After the expiry of the initial and each subsequent Minimum Term, unless otherwise agreed with you in writing, your contract will automatically renew for a rolling 30 day term.
RENTAL AND CALL CHARGES
You will incur charges from the time any part of a Service is used or received except in the case of Services subject to a periodic rental, in which case you will incur charges from the date the Service is made available for use. We will usually ask you to pay the rental in advance and your first invoice will include both one month's rental in advance and a charge for a part month's rental from the Contract Commencement Date up to the beginning of the first complete month, where appropriate, and then monthly in advance thereafter. Call and other charges will be invoiced in arrears. We will calculate the charges for Calls using the details recorded by our carrier's network.
PAYING OUR CHARGES FOR THE SERVICES
You must pay the charges for the Services according to the applicable Tariff(s). This applies whether you or someone else use the Services and whether the Services are used with your full knowledge and consent or otherwise. (This means by way of example but not by way of limitation that you are liable to pay for all calls made as a result of "rogue diallers", unbarred premium rate numbers and calls made by any third party gaining unauthorised access to your telephony systems).
1. If we consider that your bandwidth usage profile is abnormal or out of the ordinary (including without limitation extremely high levels of bandwidth use in a given period), we have the right to take such action as we deem appropriate which may include, without limitation, restricting or suspending your use of the broadband service.
2. We will make reasonable endeavours to inform you in advance if we impose any restrictions on your use of the broadband service.
3. Your use of the broadband service is entirely at your own risk. We will not be liable for any loss or damage arising from any virus, Trojan horse, spam or other malicious content that you may receive while using the broadband service notwithstanding that there may be a firewall contained in equipment supplied in connection with the broadband service.
IP and SIP connections require connectivity and need an additional power supply to operate. In the event of a service outage where a loss of connectivity or power failure occurs it is your responsibility to ensure you have the means to make emergency calls.
INCLUSIVE MINUTES - IPDC SIP TRUNKS
In accordance with your line order agreement calls to 01, 02 and 03 numbers are inclusive. The total number of calls per channel from an endpoint shall not exceed 5,000 minutes per month to 01/02/03 terminations. Should any endpoint exceed this amount in any month, the end user will be notified of the breach and given an opportunity to increase the number of channels to incorporate the additional minutes. If this opportunity is not taken, Telefonix Voice & Data reserve the right to charge a per minute price for the total volume of calls generated from that endpoint according to the standard, or existing IP rate card associated with the account.
The total number of mobile calls per channel from an endpoint shall not exceed 2,000 minutes per month to UK mobile destinations. Any endpoint that exceeds this aggregate amount will not receive any discounting and all minutes will be subject to a per-minute price in the existing IP rate card currently associated with the account.
INCLUSIVE MINUTES - TELEFONIX CLOUD SUBSCRIPTIONS
In accordance with your Telefonix Cloud quotation calls to 01, 02 and 03 numbers from Telefonix Cloud services are inclusive. This offering will be subject to the following conditions, applied against each individual user's Telefonix Cloud account: The total number of calls per user from an endpoint shall not exceed 2,000 minutes per month (to 01/02/03 terminations). Any users exceeding that limit will be subject to a per minute price for the total volume of calls per user account according to the current rate card currently associated with the account. In addition calls to numbers beginning 03 shall not exceed 15% of the total calls for that user.
CALLS TO MOBILE
In accordance with your Telefonix Cloud quotation calls UK Mobile destinations from Telefonix Cloud services are inclusive. This offering will be subject to the following conditions, applied against each individual user's Telefonix Cloud account: The total number of calls per user from an individual user to UK Mobile Destinations shall not exceed 2,000 minutes per month. Any users exceeding that limit will be subject to a per minute price for the total volume of calls according to the current rate card currently associated with the account.
IPDC SIP TRUNKS
Telefonix Voice & Data reserves the right to claim back the discounts provided if the number of channels on an endpoint reduces to less than 50% of the maximum number of channels on that endpoint over the term.
C. Terms For Proposals & Contracts
D. Terms For Website & Email Use
This web site (this "Site") is provided by Telefonix ("Telefonix"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Telefonix. In case of inconsistency between these Terms and Conditions and any other agreement you may have with Telefonix, the other agreement shall prevail, but only to the extent of the inconsistency.
1. Changes to Terms and Conditions
2. Changes to this Site
Telefonix may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. Telefonix reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
3. Permitted and Prohibited Uses
Subject to these Terms and Conditions, Telefonix grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of Telefonix; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from Telefonix; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. Telefonix will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Telefonix reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in Telefonix's sole discretion is objectionable or in violation of these Terms and Conditions.
4. Registration and Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Telefonix of any unauthorized use of your registration or password.
5. Proprietary Rights
Limited License and Copyright. This Site, including all Materials, is protected by UK and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Telefonix does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Telefonix. Trademarks. The Services names, company names and logos used on this Site may be trademarks, including registered trademarks of Telefonix. Such Services names, company names and logos of Telefonix may not be copied, imitated or used, in whole or in part, without the prior written consent of Telefonix. Other services and company names mentioned on this Site may be the trademarks of their respective owners. Reservation of Rights. Telefonix' Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Telefonix reserves all such rights. Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of Telefonix or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
6. Links and Third Party Content
Certain links on this Site may take you to other web sites. Telefonix provides these links only as a convenience. These linked sites are not necessarily under the control of Telefonix. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Telefonix is not responsible for the contents of any such linked page or any other page not under its control. Telefonix makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that Telefonix sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Telefonix.
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. Telefonix makes no representation or guarantee of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. Telefonix expressly disclaims all representations, warranties and conditions, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Telefonix does not guarantee that this site will continue to operate, operate without interruptions or that it will be error-free.
Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a byline, identification of publication source, or any other sort of third-party identifier, is provided by third parties on an "As Is" basis, and Telefonix does not review it. Telefonix and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information.
Because user authentication on the Internet is difficult, Telefonix cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release Telefonix (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Telefonix is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. Telefonix does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that Telefonix shall have no liability whatsoever for any such third party material, data or information.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, posting or other Content placed by you, as applicable on the Site.
9. Limitation of Liability
You agree that Telefonix and any third party mentioned on this site will not be responsible or liable for any loss or damages whatsoever, including without limitation indirect, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this site, the materials, any content provided or any linked website of a third party, even if Telefonix, or such a third party has been advised of the possibility of such damage or loss. In any event, you agree that Telefonix's aggregate liability for damages shall be limited to £100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless each of Telefonix, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms and Conditions.
11. Choice of law
This Site is controlled, operated and administered by Telefonix from its offices within Frimley, UK. Telefonix makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside the UK. If you access this Site from outside the UK, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in England & Wales, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in England. Each party hereby agrees to submit to the jurisdiction of the courts of England & Wales and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in England, in English and governed by the laws of England & Wales. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the UK and is independent of either party. Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
E. Telefonix Cloud - Service Level Agreements
Service Availability is defined as the ability of a Service to perform its required function over a stated period of time. It is reported as the percentage of time that a Service is actually available for use by the Customer within agreed Service Hours. Availability is calculated as: [Total number of minutes in the measurement period minus Unplanned Downtime x 100 ] divided by Total number of minutes in the measurement period. If a Service is partially available then the Unplanned Downtime shall be calculated in equal proportion i.e. if a service is 50% available then the unplanned downtime will be calculated as 50% x elapsed period of the incident. The availability Measurement Period is 1 Calendar month.
Telefonix Cloud user subscriptions will be available 99.95% of the time within a calendar month.
The Telefonix Cloud Graphical User Interface (GUI) will be available to end customers 99.9% of the time. Auto Attendant, Call Recording, and Unified Messaging subscriptions will be available 99.0% of the time.
Notes related to Service Availability:
|Target Availability||Measured Availability||Service Credit|
Subject to the fault processes detailed in the product Service Description and Customer Service Plan, the following definitions will be applied to faults raised on the Telefonix Cloud product:. Read more at: http://www.telefonix.co.uk/telefonix/terms.php
|Severity||Description||Time To Resolve|
|Priority 1||Critical Fault - Loss of service - Multiple services affected||4 clock hours|
|Priority 2||High - Loss of service - single service||8 clock hours|
|Priority 3||Medium - Disrupted service - multiple service||3 working days|
|Priority 4||Low - Single number destinations/QOS||7 working days|
Note: Service credits are not applicable against Fault Rectification performance metrics.
TELEFONIX CLOUD CALL QUALITY PERFORMANCE
As a means of determining and measuring the call quality of the Telefonix Cloud service, the Telefonix carrier measures the call quality of calls passing through the core IP network and Session Border Controllers (SBCs). The performance is measured using Perceptual Evaluation of Speech Quality (PESQ) score that cover a scale from 1 (bad) to 5 (excellent) for call quality. The Telefonix Cloud Product supports the following codecs, G.711 and G.729 for external call termination. The PESQ score targets for the supported CODECs for the Telefonix Cloud product are as follows:
|Codecs||Mean Average PESQ Score||Period|
|G.711||4.1||One Calender Month|
|G.729||3.7||One Calender Month|
The targets are measured from probes within the Telefonix Cloud Network auto generating test calls every 10 minutes through the Telefonix Cloud network infrastructure. These performance measures apply to the performance provided within the core network. Note: Service credits are not applicable against these performance metrics, and the scores relate to the averages across all network elements related to the Service.
The core services are self-provisioned through the Telefonix Cloud Portal by Telefonix. The core performance indicator is:
|Activity||Time To Complete||Availability|
|Provision of Site, user subscriptions and hardware delivered *||5 Working Days||99.5%|
*Any non-standard manual builds are excluded from this performance measure. Lead times are dependent on Telefonix receiving all necessary information from the Channel Partner to enable the order progress. Telefonix Cloud SLAs are only applicable if connectivity is provided by Telefonix Voice & Data's carrier Gamma Communications. Telefonix Cloud SLAs are not applicable if the service becomes unavailable due to a connectivity service outage on connections not provided by Telefonix Voice & Data partner Gamma Communications.
F: Telefonix Voice & Data Mobile Terms & Conditions