Technology Telecom

Terms & Conditions

  • 1. SERVICE

    In this agreement "service" means the service or services indicated overleaf. Technology Telecom Ltd. of suite 20 Willow House, Newhouse Business Park , Grangemouth FK3 8LL ("Technology Telecom Ltd.") agrees to provide the Service to the Customer and the Customer agrees to use the Service on the terms set out in this Agreement

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  • 2. DURATION

    This Agreement shall come into full force and effect from the date of acceptance by Technology Telecom Ltd. and shall continue unless terminated by either party giving to the other not less than one months prior written notice.

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  • 3. EQUIPMENT and SOFTWARE SYSTEMS

    In the event that Technology Telecom Ltd. agreed to let on hire and maintain any equipment as described overleaf and the Customer agrees to rent such equipment from Technology Telecom Ltd. for the terms specified overleaf, the following terms and conditions shall apply:

    • 3.1
      Technology Telecom Ltd. shall deliver the equipment to the Customer. Any delivery date specified shall be treated as an estimate only and whilst Technology Telecom Ltd. will take all reasonable steps to deliver within the period quoted,such date shall be treated as an estimate only and shall not be a term of this Agreement. Technology Telecom Ltd. accepts no liability for failure to meet the delivery date.
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    • 3.2
      Technology Telecom Ltd. or its appointed agent shall install the equipment at the Customers site
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    • 3.3
      The equipment shall at all times remain the property of Technology Telecom Ltd. and at all times when the ownership of the equipment is in question,the Customer shall advise any third party that the equipment is the property of Technology Telecom Ltd..
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    • 3.4
      The Customer shall be responsible for the equipment whilst it is in the Customer's custody and shall indemnify Technology Telecom Ltd. against any loss or damage to the equipment save that the Customer shall not be responsible for any loss or damage attributable to the wilful act,fault or omission of Technology Telecom Ltd.. It shall be the responsibility of the Customer to notify Technology Telecom Ltd. immediately of any loss or damage to the equipment.
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    • 3.5
      Upon notification of a fault, Technology Telecom Ltd. shall use its reasonable endeavours, during Technology Telecom Ltd.'s normal working hours to attend to such fault PROVIDED THAT the fault has arisen from normal use of the equipment.
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    • 3.6
      Technology Telecom Ltd. has no responsibility for faults arising from the Customer's negligence or default: or
      any act or omission associated with any other telecommunications system not run by Technology Telecom Ltd.; or any other cause beyond the control of Technology Telecom Ltd..
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    • 3.7
      Technology Telecom Ltd. shall have the right to charge the Customer in the event that the need for maintenance results from any of the events in Conditions 3.6.
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    • 3.8
      The Customer agrees not to carry out or procure the carrying out of any alterations, modifications, replacements, extensions,attachments,additions or otherwise after the equipment has been installed except with the prior written consent of Technology Telecom Ltd., which consent will not be reasonably withheld.Any alterations and changes as aforesaid will,if appropriate,be carried out by Technology Telecom Ltd..
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    • 3.9
      Technology Telecom Ltd. reserves the right to charge the Customer for all costs incurred as a result of carrying out maintenance or repair work which in Technology Telecom Ltd.'s reasonable opinion is considered unnecessary.
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  • 4. PAYMENT

    • 4.1
      Pricing the Service shall be as stated in Technology Telecom Ltd.'s tariff as current from time to time. All prices are exclusive of Value Added Tax and all prices are subject to change upon Technology Telecom Ltd. giving not less than thirty days prior written notice to the Customer..
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    • 4.2
      All sums due to Technology Telecom Ltd. under this Agreement shall be paid in full by the Customer without any off-set whatsoever.
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    • 4.3
      The Customer shall be invoiced monthly by Technology Telecom Ltd. for all charges under this Agreement plus Value Added Tax. Payment is due within fouteen days of the invoice date.The time of payment of all sums due to Technology Telecom Ltd. under this Areement shall be of the essence of this Agreement. If payment in full is not received by Technology Telecom Ltd. upon the due date, Technology Telecom Ltd. shall be entitled to levy a late payment charge at a rate of 1.5% per month on any unpaid overdue balance.
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    • 4.4
      All charges payable under this Agreement shall be calculated by reference to data recorded or logged by Technology Telecom Ltd. and not by reference to data recorded or logged by the customer.
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    • 4.5
      Technology Telecom Ltd. shall be entitled to levy a monthly rental fee for the equipment.
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    • 4.6
      Technology Telecom Ltd. shall be entitled to levy an installation fee for the equipment, which Technology Telecom Ltd. agrees to waive provided that the Customer does not terminate this Agreement within the minimum period as prescribed by Technology Telecom Ltd.
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    • 3.7
      Technology Telecom Ltd. shall have the right to charge the Customer in the event that the need for maintenance results from any of the events in Conditions 3.6.
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    • 3.8
      The Customer agrees not to carry out or procure the carrying out of any alterations, modifications, replacements, extensions,attachments,additions or otherwise after the equipment has been installed except with the prior written consent of Technology Telecom Ltd., which consent will not be reasonably withheld.Any alterations and changes as aforesaid will,if appropriate,be carried out by Technology Telecom Ltd..
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    • 3.9
      Technology Telecom Ltd. reserves the right to charge the Customer for all costs incurred as a result of carrying out maintenance or repair work which in Technology Telecom Ltd.'s reasonable opinion is considered unnecessary.
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  • 5. USE OF THE SERVICE.

    The Customer undertakes to use the Service in accordance with such conditions as may be notified in writing to the Customer by Technology Telecom Ltd. from time to time.
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  • 6. PROVISION OF INFORMATION

    The Customer undertakes to promptly provide Technology Telecom Ltd., free of charge, with all information and co-operation that Technology Telecom Ltd. may reasonably require to enable it to proceed without interruption with the performance of its obligations under this Agreement.
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  • 7. LIABILITY.

    • 7.1
      Nothing in this Agreement shall exclude or restrict Technology Telecom Ltd.'s liability for death or personal injury resulting from the negligence of Technology Telecom Ltd. or its employees while acting in the course of their employment.
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    • 7.2
      Subject to Condition 7.3. Technology Telecom Ltd. shall be liable for the damage to the property of the Customer caused by any negligent act or omission of Technology Telecom Ltd. or its employees provided that such liability of Technology Telecom Ltd. in contract, tort or otherwise,including any liability for negligence,howsoever arising out of or in connection with the performance of Technology Telecom Ltd.'s obligations under this Agreement shall be limited to 20,000 for any one incident or £50,000 for any series of incidents arising from a common cause in any twelve month period.
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    • 7.3
      Technology Telecom Ltd. shall not be liable to the Customer in contract,tort or otherwise, including any liability for negligence, for any loss of revenue, business, anticipated savings or profit or of any indirect or consequential loss however arising.
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    • 7.4
      In the event of any failure in the Service,Technology Telecom Ltd. shall not be liable to the Customer for any charges incurred by the Customer should the Customer divert its traffic to another carrier.
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    • 7.5
      The provisions of this Condition 7 shall continue to apply notwithstanding the termination of this Agreement.
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    • 7.6
      Technology Telecom Ltd. shall not be liable in any circumstances for making good Customer premises in the event of the removal of equipment.
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  • 8. AVAILABILITY .

    Technology Telecom Ltd. will use all reasonable endeavours to ensure that the Services are available for the use by the customer in accordance with the Service standards for the time being set out in Technology Telecom Ltd.'s service literature. Technology Telecom Ltd. may from time to time introduce compensation schemes should Technology Telecom Ltd. fail to achieve the standard of Service set out in its service literature.
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  • 9. TERMINATION.

    • 9.1
      Without prejudice to their rights under the Agreement Technology Telecom Ltd. and the Customer shall have the right to terminate this Agreement forthwith in the event that:
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      • 9.1.1
        the other party is in default in its performance or observance of any of its obligations under this Agreement, and, in the case of a remediable breach,fails to remedy the breach within a reasonable time specified by the non defaulting party in its written notice to do so ; or
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      • 9.1.2
        an interim order is applied for or made, or a voluntary arrangement approved, or if a petition for bankruptcy order is presented or a 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 arrangement is proposed or approved or an administration order is made ,or a receiver or administrative receiver is appointed or any of the party's assets or undertaking or a winding-up resolution or petition is passed or presented otherwise than for the purposes of reconstruction or amalgamation ) r if any circumstances arise which entitle the court or creditor to appoint a receiver,administrative receiver or administrator to present a winding-up petition or make up a winding up order.
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    • 9.2
      Without prejudice to its other rights, Technology Telecom Ltd. shall have the right forthwith to terminate this Agreement by notice in writing to the Customer in the event that;
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      • 9.2.1
        the Customer fails to make any payment when it becomes due to Technology Telecom Ltd.; or
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      • 9.2.2
        Technology Telecom Ltd.'s licence expires or it is revoked; or
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      • 9.2.3
        a licence under which the Customer has the right to run its telecommunications system and connect it to the Technology Telecom Ltd. system is revoked,amended or otherwise ceases to be valid and is not immediately replaced by another valid licence.
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    • 9.3
      In the event of termination by Technology Telecom Ltd. under conditions 9.1.1, 9.1.2, 9.2.1,or 9.2.3. Technology Telecom Ltd. shall be entitled to recover from the Customer all costs,losses and expenses incurred by Technology Telecom Ltd. including but not limited to the cost of removing the Service from the Customer's premises.
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  • 10. SUSPENSION OF SERVICE

    Technology Telecom Ltd. may at its sole discretion elect to suspend forthwith the provision of the Service until further notice without liability to the Customer on notifying the Customer either orally, (confirming the same in writing) or in writing in the event that;
    • 10.1
      the Customer is in breach of any term of this Agreement; or
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    • 10.2
      the Customer prevents or delays prearranged maintenance from being carried out; or
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    • 10.3
      the Customer is suspected in Technology Telecom Ltd.'s reasonable opinion, of involvement with fraud or attempted fraud in connection with the use of the Service
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  • 11. GENERAL

    • 11.1
      This Agreement may not be assigned in whole ,or in part, by the Customer without the prior written consent of Technology Telecom Ltd., such consent not to be reasonably withheld.
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    • 11.2
      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.
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    • 11.3
      This Agreement represents the entire Agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior undertakings and representations, whether written or oral and this Agreement may only be modified if such modification is in writing and signed by Technology Telecom Ltd. and the Customer.
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    • 11.4
      Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be 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
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    • 11.5
      Any notice, invoice or other document which may be given by either party under this Agreement shall be deemed to have been given if left or sent by post or facsimile transmission (confirming the same by post) to an address notified by the other party in writing as an address to which notices,invoices or other documents may be sent.
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    • 11.6
      Technology Telecom Ltd.'s address for service of any notice hereunder shall be such address as appears on the last invoice rendered to the Customer or such other address as may be prescribed by Technology Telecom Ltd. for that purpose.
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    • 11.7
      This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties herby submit to the exclusive jurisdiction of the English Courts.
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