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MAINTENANCE - TERMS AND CONDITIONS

1. THE CUSTOMER AGREES: -

1.1 To pay the maintenance charges prescribed in the Schedule in all circumstances and if at any time should the whole or any part thereof be in arrears for more than 30 days then the Company shall be entitled to suspend all services hereunder until payment is made in full.

1.2 If the Equipment is to be connected to British Telecom or any other Service Provider’s apparatus it must comply with all their requirements and the Customer must arrange the provision of any such apparatus specially required for the Customer’s purpose, at the

customer’s expense.

1.3 To orally notify the Company immediately of any fault in the Equipment or any repair which may be necessary, such notification to be confirmed in writing and to provide the Company at all reasonable times with access to the Equipment and allow it to carry out maintenance of the Equipment under the terms of this Contract.

1.4 Not to maintain, service, repair, adjust, tamper or alter the Equipment or Extension wiring. In the event of requiring any alterations to the Equipment or Extension wiring to give the Company 14 days written notice and should any such alternations be affected by an agent not

appointed by the Company to allow the Company the right of inspection of that work which should be carried out in accordance with the current “Code of Practice” and should the work be found to be unsatisfactory to remedy the defect within 90 days of inspection or pay the

Company’s charges for effecting the remedy. Any breach of this condition may result in this Contract being terminated by the Company, if the Company so desires.

1.5 To pay the Company’s charge for reprogramming and/or service visits as a result of a programming error affected by the Customer or his agent.

1.6 Not to assign the benefit of this Contract without previous written consent from the Company.

 

2. THE COMPANY AGREES:-

2.1 To maintain the Equipment at the installation address in the Schedule (or such other address as may be agreed in writing by the Company) in efficient working order and during the continuance of this Contract to execute by its servants, agents or contractors without charge all repairs and replacements to the equipment necessitated by fair wear and tear and/or faulty workmanship and/or faulty materials provided the Customer shall have duly notified the Company of such fault or necessary repair in accordance with Clause 1.3 hereof. Such service to be provided between the hours of 09.00 and 17.00 Monday – Friday excluding Public Holidays. Provided however that the Company (without Prejudice to the terms and conditions of this Contract or the Customers’ liability for payment of maintenance charges) shall not be

obliged to service the Equipment if any such maintenance charge is overdue.

2.2 At the expense of the Customer to provide service where failure of the Equipment is subsequently found to be due to miss-operation or failure of British Telecom or another Service Provider’s Equipment and/or Host PBX Systems and/or electricity supply service or if any

person not authorised by the Company to do so shall have tampered with the Equipment.

2.3 At the request and expense of the Customer

- To carry out any alterations to the equipment or Extension wiring in accordance with the current “Code or Practice”.

- Upon receipt of 14 days notice to allow the customer’s appointed agents to carry out alterations to the Equipment or Extension wiring. Such alterations or extensions to be in accordance with the current “Code of Practice”. The Company reserves the right to inspection of such work and if found to be unsatisfactory shall require the Customer to remedy defect within 90 days of the inspection.

2.4 At the request and expense of the Customer to move the Equipment to alternative premises where in the opinion of the Company suitable service and reception facilities exit provided the Equipment does not thereby pass out of the possession or control of the Customer.

 

3. PAYMENT:-

3.1 All amounts quoted are exclusive of Value Added Tax and are subject to change if items are added or changes are made to the equipment as recorded in section f on the contract.

3.2 All Invoices are due strictly no later than 14 days from the date of invoice. If payment is made via Direct Debit Mandate, whether a monthly or annual maintenance payment has been agreed, payment for all outstanding invoices will be taken no less than 10 days after the date of invoice.

3.3 The time of payment of all sums due under this Agreement shall be the essence of this Agreement. If payment in full is not received upon the due date, TalkTech Ltd shall be entitled to levy a late payment charge at a rate of 2.5% per month on any unpaid overdue

balance.

3.4 All charges payable under this Agreement shall be calculated by reference to equipment recorded by TalkTech Ltd and not by reference to equipment recorded by the Customer.

3.5 Non-payment will result in TalkTech Ltd withholding support and maintenance of the customer equipment until full payment is received; however, the Customer’s obligations under this Agreement will remain.

 

4. DURATION OF THIS CONTRACT: -

4.1 The term of this Contract shall be for a two year period and thereafter will renew for a further period of 2 years on the same terms, unless either party shall give to the other three months written notice of termination prior to the end of any 2 year period. The Company may cancel this Contract at any time if the Customer commits any breach of the terms of this Contract.

 

5. VARIATION OF MAINTENANCE CHARGE:-

5.1 The company may vary the maintenance charge payable hereunder by written notice to the Customer provided that no such variation shall take effect earlier than the initial period specified in the schedule or less than one year after preceding variation.

 

6. PROHIBITION OF ORAL VARIATIONS:-

6.1 The terms and conditions in this Contract are the sole terms and conditions of the Contract between the Company and the Customer. No variation or modification of these terms or conditions and no agreement made or purported to be made between the Company and the Customer inconsistent with these terms and conditions shall be valid or of any effect unless made in writing and signed by a Director or the appointed Officer of the Company. No representation relating to or in any way connected with the Equipment shall be deemed to be made on behalf of the Company nor shall any such representation bind the Company unless such representation is made in writing and signed by a Director or the appointed Officer of the Company.

 

7. EXCLUSIONS:-

7.1 The Company shall not be liable for any delay in the execution of any work of installation, repair, replacement, alteration or removal of or to the Equipment howsoever caused.

7.2 The Company shall not be liable for making good defects in the electricity supply, British Telecom or any other Service Provider’s telephone service and connections and/or Host PBX systems. Service calls for these purposes will be charged to the Customer at the Company’s standard rates.

7.3 The Company shall not be liable for repair of damage resulting from accident, transportation, neglect or misuse, failure of electrical power, surge of electrical power or causes other than ordinary use.

7.4 The Company shall in no circumstances be liable for any future or defective working of the Equipment due to any fault, failure or change in the electricity supply service and/or British Telecom or any other Service Provider’s equipment and/or Host PBX system.

7.5 In no circumstances shall the company be liable for any loss of profit, business or production or any similar loss or damage whether direct, indirect or consequential howsoever caused.

7.6 The company shall not be liable for making good defects to the Customer’s telephone stations or other peripheral apparatus and service calls for these purposes will be charged to the Customer at the Company’s standard rates.

7.7 The Company shall not be liable under section 2(a) for costs of making good defects in the overhead and underground cables from the ‘Associated Wiring’ and service calls for these purposes will be charged to the customer at the Company’s standard rate.

7.8 The Company shall not be liable for any cost of any telephone calls or consequential loss resulting from any telephone calls, whether malicious or otherwise, made by any party, person, or device either within or external to the Customer’s premises.

 

8. GENERALLY:-

8.1 The Company’s right hereunder shall not be affected by granting any time or indulgence to the Customer.

8.2 All charges under this Contract are subject to Value Added Tax. This Contract is not a V.A.T. invoice. V.A.T. invoices will be sent to the Customer for all payments under this Contract.

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