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0845
Number Ordering - Terms and Conditions
CHANGES FROM 1st SEPTEMBER 2006
Note : Existing customers will be unaffected by this change.
- The starndard rebate rate of 0.5p per minute daytime will be reduced to 0.3p per minute daytime. This change is in order to increase our payments to our affiliates.
- Customers which do not reach the minumum payment threshold of £10 after 2 years from the date of the first order will loose all rebates due.
DEFINITIONS
"The Service" means the 0845 service
as listed and described in free-0845.com's product
literature and publications issued from time
to time.
"The Company" means free-0845.com
"The Customer" means the company or
individual or organisation named on the application
form.
"Terminating Number" means the customer
telephone number that is called when the 0845
number is dialled.
THE SERVICE
The 0845 Service will enable you to receive Incoming
calls at the customers cost, at local rate,
via the use of an 0845 number.
The company will use reasonable efforts to make
the service available at all times. However, the
quality and availability of the service may be
affected by factors outside the companys
control such as Industrial action, default or
failure of a third party, or environmental factors.
The service may also be affected by faults In
the Public Switched Network.
DURATION
This agreement shall come into force with effect
from the date of commencement of service.
The customer may terminate this agreement by giving
not less than 30 days written notice, such notification
will only become effective upon receipt of such
written notice following which the service will
be disconnected.
SUSPENSION OF SERVICE
The company may at its sole discretion upon giving
the customer 7 days written notice elect to suspend
forthwith provision of the service or any part
of the service until further notice without compensation
in the event that:
a) The customer is in breach of a material term
of this agreement.
The company reserves the right to make any reasonable
re-connection charge and impose differing cashback
terms following such suspension.
LIABILITIES
The company will not be liable for any inability
to provide the service due to any factor outside
the companys control, including but not
limited actions or events mentioned under "THE
SERVICE" above.
The customer is required to indemnify the company
in respect of any costs or legal fees incurred
by the company as a result of any breach by the
customer of this agreement.
CHARGES AND PAYMENT
Payment of any charge incurred is due within
14 days of the date of the invoice. If
payment is not made on the due date the company
may suspend part, or all of the service as provided
for under "SUSPENSION OF THE SERVICE"
above. An administration
charge will be made for any change of terminating
number.
An administrative payment of £20 is due whenever the destination number is changed.
The company reserves the right to charge daily
interest on amounts outstanding on unpaid invoices
14 days after the invoice due date, until payment
in full is received, such interest rate to be
equal to 3 per cent above the National Westminster
Bank Plc. Base Lending Rate as current from time
to time, whether before or after judgement. Interest
shall continue to accrue notwithstanding suspension
or termination of this agreement.
All prices are quoted exclusive of VAT.
TERMINATION
Notwithstanding anything to the contrary expressed
or implied in this agreement, either party (without
prejudice to Its rights) may terminate this agreement
forthwith in the event that:
A liquidator (other than for the purpose of amalgamation
or reconstruction), trustee in bankruptcy, administrator,
receiver or receiver and manager is appointed
in respect to the whole or part of the assets
and/or undertaking of the customer or the customer
enters into an arrangement or composition with
its creditors, or if the customer becomes unable
to pay its debts or the customer is in breach
of a material term of this agreement and upon
being given notice of that breach in writing fails
to remedy that breach within 14 days.
GENERAL
This agreement represents the entire understanding
between the parties in relation to the subject
matter hereof and supersedes all other agreements
and representations made by either party, whether
oral or written and this agreement may only be
modified if such modification is in writing and
signed by a duly authorised representative of
each party thereto.
Failure by either party to exercise or enforce
any right conferred by this agreement shall not
be deemed to be a waiver of any such right nor
operate so as to bar the exercise or enforcement
thereof or of any other right on any later occasion.
Any notice, invoice or other document which may
be given by the company under this agreement shall
be deemed to have been duly given if left at or
sent by post to an address notified to the company
in writing by the customer as an address to which
notices, invoices or other documents may be sent,
or the customer's usual or last known place of
abode or business, or if the customer is a limited
company, its registered office. The company's
address for the service of any notice by the customer
under this agreement shall be such address as
is shown on the last invoice rendered to the customer
or such address as the company may prescribe for
that purpose.
Any concession or extra time allowed is limited
to the specific circumstances in which it was
given.
Any bill or notice from the company will be deemed
as served within 48 hours of posting.
The company may vary its charges or terms and
conditions at any time by giving 30 days notice
thereof to the customer.
This agreement shall be governed by and construed
and interpreted in accordance with English law
and the parties hereby submit to the jurisdiction
of the English courts.
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