The following Acceptable Use Policy (AUP) forms an important part of the contract between you, the ‘End User’ and us, ‘CommPoint’ Limited. It governs the way you use the products or services we provide to you and under what circumstances we may restrict or refuse to continue supplying those products or services to you.
This AUP is required to ensure that all End Users enjoy a satisfactory level of service that is not compromised by the actions of other End Users. It is in place for the benefit of everyone and should be read as an extension to the specific features and/or limitations of each individual product or service detailed in our sales quotation, order confirmation or on our website commpoint.it
To remain current and to continue to provide the best possible service to all our End Users we may modify, add to or delete provisions within this AUP from time to time. The most up to date version of this AUP will be made available on our website commpoint.it, please ensure that you keep up to date with any changes that are made, as they form the basis of your continued use of our services.
2. Legal compliance
The End User warrants with CommPoint that it will not use our products or services for any purpose that either is, or could reasonably be deemed to be, illegal or cause offence in any jurisdiction that it provides those products or services. The End User further warrants that it indemnifies CommPoint against all or any illegal action and associated costs of defending such action in those jurisdictions.
In particular the End User should note that it is responsible for ensuring that its use in any particular jurisdiction is lawful in that jurisdiction and does not violate the terms of this AUP or any local laws in which the products or services are being used.
The Internet is a global medium and is regulated by the laws of many different countries. Material which is illegal in this country may be legal in another, and vice versa. As a user in this country you should not access any sites carrying child pornography, hardcore pornography or incitement to violence. This is not intended to be an exhaustive list and should be extended as appropriate for the country from which you are accessing our products or services.
You should also note that when you visit a website, a copy of the visited pages are stored on your PC in the web browsers’ cache files. Storage of illegal material in this way may well constitute a criminal offence. If you are in any doubt, we recommend you take independent legal advice.
Connecting to any of CommPoint’s products or services that transit the public telephone network is governed by the Telecommunications Act in the United Kingdom. You must ensure you comply with all legal requirements concerning telephone network misuse, as set out in the Telecommunications Act. Misuse of the telephone network is a serious criminal offence which can lead to fines and/or imprisonment.
The following provides some examples of what might be deemed to contravene the Act, but you should note that it is not exhaustive and you are urged to seek independent legal advice to clarify any specific part of the act and how it might affect you.
Improper Use of the Public Telecommunications System
A person who;
- Sends by means of a public telecommunication system, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character.
- Sends by those means, for the purpose of causing annoyance, inconvenience or needless anxiety to another, a message that he knows to be false or persistently makes use for that purpose of a public telecommunication system, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine…or both.
3. Things you can do to protect yourself
Taking the following steps could help you to protect yourself from becoming a victim of abuse while connected to our products or services and aid your compliance with this AUP and our terms and conditions;
- Ensure that you are running good quality antivirus software. The vast majority of antivirus software vendors also provide an option to protect you against phishing attacks, malware and intrusion detection, although you may have to pay an additional fee for these features.
- Hackers are people who try to hack into your computer to either cause mischief or find your usernames and passwords, usually with the aim of trying to defraud you. You should be aware that some hackers have the ability to seriously damage your computer system. If you keep sensitive information on your computer, we strongly recommend you use encryption software to protect it.
- While connected to the Internet, do not publicise your IP address. This is the unique address that we allocate to you while you are connected to the Internet. This is especially important if you are running publicly available remote desktop servers, directory services, or messaging/communications applications such as Skype, CHAT or video conferencing etc.
- Before installing software from an unknown source online, verify if the software is published by a reputable author. Most computer viruses and Trojans are installed unknowingly while installing shareware or freeware applications that are supposedly designed to make your life easier. If in doubt, don’t install it!
4. Things you Must Not do
You must not use any product or service that we provide to you to engage in, or incite others to engage in, any activity that is illegal, fraudulent or seeks to significantly disadvantage another person or entity by engaging in that activity. We reserve the right to terminate any product or service, without notice, where we reasonably believe that this type of action has or is occurring.
Sharing log-on details
CommPoint prohibits End Users from sharing log-on details under any circumstances whatsoever. Any End User discovered sharing their details with a third party, whether that third party is an End User of CommPoint or not, will have their product or service terminated immediately without notice.
CommPoint prohibits the use of port scanning software on any of its products or services, save for the purpose of initially securing your access to our products or services and in ensuring the continued security of both your own and CommPoint’s computer systems. It should not be used for any other purpose. We reserve the right to restrict or terminate any product or service, without notice, where we reasonably believe that this type of action has or is occurring.
Shared Internet Access & Private SMTP E-mail Servers
Some methods of sharing internet access or applications can expose your internal computer systems to other internet users, and enable them to send unsolicited bulk emails (SPAM). CommPoint do not block any ports, it is therefore the sole responsibility of the End User to configure their network securely to prevent this from happening. Failure to secure your network properly may result in your temporary disconnection from our services until we are satisfied that your network has been secured correctly.
5. Why is there a need for an Acceptable Use Policy (AUP)?
CommPoint is committed to providing our End Users with high quality business grade services at a highly competitive price. To achieve this, CommPoint uses an IP network that only carries data for businesses. We manage and monitor the available bandwidth our End Users consume carefully in order that all End Users receive a high quality of service. If an End User consumes a disproportionately large amount of bandwidth (i.e. through download or transfer) then this may:
- Negatively impact the available bandwidth on our network for all End Users
- Increase the cost of providing our products or services to all our End Users
- Cause instability on our network, potentially causing loss of service for other End Users
CommPoint provide mostly unmetered services (where we do not charge for the total amount of data transferred), so it is important that all customers use the service fairly. To ensure a high quality service at a competitive price, an Acceptable Use Policy therefore applies to all End Users.
If an End User’s usage is continually excessive, unfair, inappropriate, affects other End Users enjoyment of our products or services, or is not consistent with the usage we would typically expect for that product or service, we reserve the right to upgrade the End User to a package more suited for their usage or, in extreme cases, suspend, restrict or terminate their ability to access the affected CommPoint product or service.
How will this policy affect End Users?
End Users affected by this policy are usually those using significantly higher levels of resources than other End Users. In our experience this may be because of poorly configured systems on the End Users network, or the End User is abusing the terms and conditions of the product or service we supply to them or they are using our products or services illegally.
This unreasonable use of our products or services can cause considerable problems for other End Users. Any such use of our products or services will therefore be considered a breach of contract and will allow us to suspend, restrict or in extreme cases terminate, the product or service we supply to the End User without notice.
End Users using our products or services for the use for which they are designed should not be affected by any action to suspend, restrict or terminate any products or services you may have with us. If you do have any concerns regarding your specific use of our products or services however, then please contact your account manager, who will be happy to answer your questions.
Please email firstname.lastname@example.org to register an appeal against a decision to restrict or terminate your product or service. We will look at the merits of all appeals on a case by case basis and aim to respond to all such appeals within 15 working days. We reserve the right to uphold any decision and our decision will be final.
6. Email – Acceptable Use Policy (AUP)
Exchanging emails with others generally involves using common sense regarding the content material and being polite and courteous. The vast majority of CommPoint’s End User’s understand what is appropriate when sending or receiving emails. Regrettably, there are occasions when individuals or groups of people exchange emails or involve in online activities, which are considered to be unacceptable. This is described by the generic term of ‘abuse’.
This ‘Email AUP’ is an extension to our general AUP and covers Email service provided by CommPoint directly (on its own network) and also that of its commercial partners, such as Microsoft and others. Where service is provided by a third party, the End User covenants with CommPoint to use the services in accordance with any terms and conditions imposed by the provider of that service.
It is not always obvious whether an activity is innocent, inadvertent or intentional, but in general email users should be aware that what is unacceptable (and possibly illegal) offline (oral or written), applies equally online.
You must not send any emails which cause annoyance, inconvenience or needless anxiety. You should not send false messages likely to cause distress (e.g. advising the recipient that a relative has been in an accident when they have not), or any other material which is distressing, grossly offensive, indecent, obscene, menacing or in any other way unlawful.
Particular care should be taken to avoid any material which is offensive or discriminatory to people on grounds of gender, race, colour, disability, religion or belief, age or other similar category.
Always be sensitive to the fact that children might have access to email content.
SPAM (unsolicited bulk emails)
You must not use CommPoint’s email systems or those systems of its partners to send unsolicited emails, bulk or otherwise. The sending of such emails is an abuse of the service and you will be in breach of our terms and conditions and liable to have the service restricted or terminated.
Setting up your mail server (open relay)
If you choose to run an SMTP email server on a private network on your premises you must ensure that it is configured correctly, so as to only accept email from your private domain. CommPoint may block access to your SMTP email server from outside of your domain to prevent it from being exploited for the purpose of sending unsolicited emails.
Internet connection sharing
If you share the resources of your internet connection over a private network on your premises, you must make sure that your network is secure, and that any internet connection sharing software that you are using does not permit access from outside of your network.
This is especially important if running an open proxy server. This is because an open proxy server will allow other users of the Internet to exploit your Internet connection, and use it as if it were their own. For example, an external user could access your local network and/or send unsolicited (SPAM) emails that would appear to come from you.
What action will CommPoint take?
Compliance with all provisions of this Acceptable Use Policy is a contractual requirement. If you fail to comply, any product or services we supply to you may be suspended or terminated. CommPoint may operate systems to ensure your compliance with this AUP, including without limitation port scanning and testing of open servers and mail relays.
If we discover that you are using our products or service for illegal purposes, we may notify the police. If we receive a court order requesting us to reveal your identity to someone complaining that you have used this service in an abusive manner we will do so.
A suspended account may be restored at CommPoint’s discretion, upon receipt of a written undertaking by the abuser not to commit any future abuse. All cases are, however, considered by CommPoint on their individual merits and we reserve the right to refuse any appeal.
A guide to newsgroup abuse
CommPoint does not currently host or moderate any newsgroups, however it does aim to filter out access to any newsgroups that are perceived by their titles to have illegal content. This is done on a best endeavours basis and CommPoint does not warrant that it can or will filter all illegal content.
CommPoint therefore asks that if you do identify a newsgroup with illegal content, you notify us as soon as possible in order that we can consider adding that group to our list of barred groups.
In order to mimimise the likelihood of receiving abuse via a newsgroup we recommend that you take some simple precautions as follows;
- Do not give out your email address unless you are absolutely sure you can trust the recipient. You should treat your email address as you would treat your telephone number.
- When posting into newsgroups it is wise to configure your newsreader so that it does not show or it disguises your email address, i.e. email@example.com. This makes it more difficult for automated newsgroup trawlers to strip email addresses from the postings that may subsequently be used for the bulk sending of SPAM emails.
- Avoid posting into newsgroups if you are not entirely sure about the nature of their subject matter. If you are going to post into these groups, be aware that there is very little CommPoint can do to protect you if you become a victim of abusive emails resulting from your posting or a ‘flame war’. If you do post into such newsgroups it is a sensible precaution to keep your email address private, as often the only cure to stop nuisance emails is to change your email address.
- Never publicise your home address or telephone number.
- Do not post material that falls outside the topic under discussion. Every newsgroup has a title; the content should reflect that title.
- Do not post binary attachments, (pictures or files on your computer etc.) into newsgroups not designed for that purpose.
- You must observe copyright laws. Do not post material that you did not create, unless you have the permission of the owner of the relevant rights in that material
- Do not post advertisements into newsgroups of a non-commercial bias.
- Be careful what you post. What may seem amusing to you may very well be offensive to another participant in the newsgroup.
- Try not to cross post (post the same article to a number of groups).
If you do become a victim of Usenet abuse, outside of the “isp NAME.” hierarchy, there is often very little CommPoint can do to stop the abuse. However, the ISP of your abuser can possibly take action under its own terms and conditions.
We would therefore recommend you take the following action;
- Email the abuse department for the individual’s ISP.
- Send the ISP as much evidence as possible. It is no use simply complaining about the activities of an individual, you must provide evidence of the abuse, e.g. send the whole email, newsgroup posting or the URL of the website to abuse@ the ISP. The ISP will most probably need the IP address that the abuser was using at the time of the abuse. This is the unique ID allocated to that user at that specific moment and can be found/seen in the header of the email, and in the header of the newsgroup posting. It is unlikely that an ISP will simply give out the name and details of an alleged offender. However, an ISP may need to divulge such information to appropriate authorities, such as the police or the courts, if formally requested to do so.
In cases of extreme abuse, you may need to contact the police if you think further action should be taken. If you decide to do so, you must be prepared to provide the police with any evidence you have. The police will then consider whether a criminal offence may have been committed and whether further action can or should be taken.
Please note that CommPoint takes complaints made by and against its End Users very seriously, even if they concern End Users that use newsgroups that are not hosted by CommPoint. We will therefore always cooperate fully with any lawful requests for information made by law enforcement agencies.
7. Version Control
Standard Terms and Conditions – Version 1.0 – 19th April, 2018 – Copyright CommPoint Limited.
These are the Standard Terms and Conditions of Sale for COMMPOINT LIMITED (hereinafter referred to as the company), which shall form the basis of the contract between the company and the client. No alterations to these conditions either in inference or contract will be accepted unless expressly stated in writing by the Managing Director of the company.
These Terms and Conditions of Sale shall apply to all orders accepted by the company, including sales made online by electronic means and any or all additions and alterations thereto.
These Terms and Conditions of Sale override any Terms and Conditions of Purchase that the client may include as part of his/her instructions to the company, whether written, electronic, oral or otherwise.
These Terms and Conditions of Sale apply to the supply only and/or supply, delivery, installation and commissioning (including final testing and customer training, if applicable) of any products and/or services that are the subject of the companies written or verbal specifications/quotations previously submitted to the client – including details provided on any of the companies websites.
The company reserves the right to extend the scope of these Terms and Conditions of Sale to apply to any other products/services that it might add to its’ product and/or service portfolio in the future.
Provide on-site training commensurate with the amount of training agreed to by the company (if any) in the specification/quotation/order confirmation, to cover technical administration, if required and end-user training for all supplied products. This provision is specifically excluded from any purchases made on any of the companies’ websites, unless specifically agreed to the contrary in the company’s official specification and/or quotation/order confirmations.
Additional training may be provided at the request of the client, at a cost to be agreed at the time of request.
We undertake to always carry out all works in a workmanlike manner and to a good standard of workmanship.
Where certification is mandatory or has been agreed to as part of the overall delivery and commissioning of a system, commissioned systems will be certificated and handed over to the client’s nominated representative on completion, or shortly thereafter (within 15 working days).
The company reserves the right to distribute the commissioning/handover certification and/or any end user manuals/instructions to the clients representative in electronic format or otherwise and at its option by any means it thinks suitable (i.e. post, e-mail, fax etc).
The company reserves the right to accept all orders.
A binding contract shall exist between the company and the client on receipt by the company of a correctly signed and dated copy of the company’s quotation from the client. The company may at its discretion and from time to time, choose to accept orders by e-mail, fax or other means from the client. This shall not in any way dilute the companies Terms and Conditions of Sale, which shall apply at all times.
These Terms and Conditions of Sale will have effect from the date of receipt by the company of the company’s signed and dated quotation at its offices and/or, with the prior written agreement of the company, the date on which the client agrees to enter into a contract with the company by the issuing of his/her instructions, either in writing or verbally, by letter, telephone, e-mail, fax or by other means.
Quotations/specifications may be withdrawn or revised at any time prior to receipt of a signed copy of the company’s quotation from the client, or at the company’s option, confirmation in writing of acceptance of an order to the client from the company. Thereafter no changes to the company’s quotation/specifications will be accepted without the companies’ written agreement.
Where it becomes necessary to vary or amend any quotation/specification due to circumstances beyond the companies’ control, the company hereby reserves the right to supply a suitable alternative product that meets with or exceeds the minimum specification originally quoted/specified for. The client has the right to reject any alternative product offered if it is reasonable to do so, in which case the company further reserves the right to offer a further alternative product for approval by the client.
1.4 Terms and Conditions
- No communication from the company or its agents shall be of any contractual effect or be relied on as a representation condition or warranty unless incorporated in the company’s quotation, or confirmation of order in writing and no variation of these conditions of any contract terms shall be effective unless confirmed by the company in writing.
- Unless otherwise confirmed by the company in writing these Terms and Conditions of Sale shall apply to the exclusion of all other terms, conditions and warranties whether express statutory or implied to the extent that such other terms, conditions and warranties are inconsistent herewith.
1.5 Liability for Defects
- The company has based the specifications for all equipment the subject of its quotations/specifications and as previously submitted to the client, either verbally or otherwise, on the verbal or written instructions of the client. The company is satisfied that the equipment specified will satisfy the requirements of the client insofar as it understands the client’s requirements. The client hereby agrees that all verbal and/or written representations made to the client regarding its requirements are complete and correct and indemnifies the company against any later claim for non-performance the result of any inadequacy of the clients’ original instructions.
- The company warrants that it will make good by replacement, or (at the company’s option) by repair, any defects in the goods supplied which arise out of faulty design (other than a custom design made, furnished or specified by the client for which we disclaim responsibility) or the use of faulty materials or bad workmanship on the manufacturers part and which are notified to the company within one year (15 years in the case of internal structured cabling systems) from the date of dispatch or installation to the client provided that:
- The client shall have used the goods properly and in accordance with the manufacturer’s instructions without un-authorized modification, and;
- The goods are returned to the company (in the case of supply only) if the company so request, and;
- The companies liability shall be limited to delivery and installation of the repaired or replacement goods only, free of charge to the original contractual place of delivery/installation, and;
- These Terms and Conditions of Sale shall apply to the repaired or replacement goods.
- Subject to paragraphs b) and d) hereof, the company shall be under no liability whatsoever for any breach of contract, howsoever arising, whether of any express or implied condition, warranty or terms of the contract (and whether amounting to a repudiation of fundamental breach or not) nor for negligence including mis-statement either in tort or contract otherwise nor, beyond the terms of paragraph b), for any loss, injury or damage whether direct or consequential where flowing from any defect latent or otherwise and whether or not attributable to any delay in repair or replacement by the company and whether in tort or contract or otherwise.
- Nothing in this condition shall be construed as excluding or restricting liability for death or personal injury resulting from the companies’ negligence as defined in Section 1 of the Unfair Contract Terms Act 1977.
The client will be advised by the company either in writing or verbally of the delivery/commencement date and likely duration of any works at least 24 hours prior to works commencing unless agreed otherwise with the client, notwithstanding the following and the provisions of Clause 2.7.
- Delivery shall be as stated above and shall be extended appropriately if the company is delayed by reason of an event of Force Majeure as defined in Clause 1.7 herein.
- Whilst the company will endeavour to maintain delivery dates, it is a condition that the company shall not be liable for damages (direct, consequential or otherwise) for later delivery, nor under any other liability in respect thereto.
1.7 Force Majeure
The company shall be relieved of all its obligations under these Terms and Conditions of Sale, to the extent to which fulfilment thereof is prevented, frustrated or impeded as a consequence of any circumstances outside the companies control including, but not limited to, failure of suppliers, industrial action, war, statutes, rules, regulations, orders or requisitions issued by any Government Department or other duly constituted authority or non-availability of raw materials, fuel and energy.
1.8 Patent Liability and Intellectual Property Rights
The client shall indemnify the company against all damages, penalties, costs and expenses to which the company may become liable as a result of work done in accordance with clients’ specifications or designs which involves or is alleged to involve the infringement of any registered design or similar rights.
1.9 Listed/Conserved Buildings
The client shall indemnify the company against all damages, penalties, costs and expenses to which the company may become liable as a result of work done in accordance with clients’ specifications or instructions which involves or is alleged to involve a breach of statutory regulations relating to works carried out in listed/conserved buildings.
2.0 Reservation Of Title
The risk in the goods supplied shall pass to the client on delivery, but neither legal nor equitable title shall pass until receipt by the company of the full purchase price.
2.1 Legal Construction
These Terms and Conditions of Sale shall in all respects be construed and operate as an English contract and in conformity with English Law.
Unless otherwise specified, all prices exclude delivery.
2.3 Payment Terms
It is essential that payments against outstanding invoices be made on the due dates subject to the following;
Cash Account Customers Only
All goods/services shall be paid for in full, subject to 2.3(d), prior to the dispatch of goods or provisioning of services by the company. Payments may be made by cash, cheque, BACS, CHAPS or by most major credit cards.
Credit Account Customers Only
- Materials: – Payment due either by cheque or BACS to our nominated account no later than thirty working days from date of invoice.
- Labour: – Payment due either by cheque or BACS to our nominated account no later than thirty working days from date of invoice.
- Subcontract Works:- Payment due either by cheque or BACS to our nominated account no later than seven working days from date of invoice. All subcontract works will be invoiced and those invoices should be settled, in advance of any works commencing.
- Nett cash in British Pounds Sterling.
- Payment within terms is of the essence – no supplies and/or services will be provided against overdue accounts under any circumstances.
- Please note orders will not be accepted until an acceptable letter of credit or approved account has been received/authorized by the company.
- In the event of late, returned or non-payment, all Bank Charges incurred will be to the clients account.
- Where the final purchase cost is settled by way of finance through a third party lender, then the lenders terms and conditions (together with any additional terms imposed by their underwriters) will prevail following receipt of the full purchase price from the third party lender by the company.
- Having regard for h) the Purchaser warrants that a lenders ‘Note of Satisfaction’ will be duly completed and signed upon completion of works as per the lenders standard terms and conditions and forwarded to the company without delay.
2.4 Value Added Tax
All prices stated exclude Value Added Tax (unless otherwise stated), which will be added to the invoice at the appropriate rate.
2.5 Cancellation and Returns
Subject to the provisions of Clause 1.7 & 2.3(e) orders cannot be cancelled without the written permission of the company by the Managing Director.
- Orders, which require special manufacture/fabrication or modification, are accepted on the understanding that in the event of cancellation, the client accepts full liability for all finished products, work in progress and/or any new materials procured to fulfil such order.
- Orders placed for non-stock items cannot normally be cancelled unless expressly agreed in writing by the company, with the permission of the Managing Director.
- No credit will be given for any materials returned by the client unless previously agreed in writing by the company and/or accompanied by a returns authorization number.
2.6 Returns Policy – Internet Purchases Only
If for any reason you are unhappy with your purchase, simply return it to us in its original condition and packaging within 30 days from date of invoice. We will issue a full refund for the price you paid for the item.
If the return is due to an error we have made we will gladly refund the delivery charges. Please see contact details below for advice.
If the item is either faulty or damaged please contact our Returns team who will arrange for a replacement or refund:
To return an item, please use our returns form. Please pack the item securely, enclosing the completed form and attaching the address label supplied on the returns form.
For your own protection we recommend that you use a recorded-delivery service. This returns policy does not affect your statutory rights.
RIGHT TO CANCEL – INTERNET PURCHASES ONLY
In addition, under the Consumer Protection (Distance Selling) Regulations you may cancel your order for any reason within seven working days following the day on which you receive the goods. We regret that this does not apply where goods purchased have been supplied in sealed wrapping or are software based products.
Please ensure that the goods are returned in their original condition.
You should notify us by using our standard returns form. Post this form with the securely packaged goods back to the Returns Department straight away using a recorded delivery service.
We will reimburse you in full on receipt of the returned goods in our warehouse. You will, however, be responsible for the costs of returning the goods to us (unless these goods are faulty or have been delivered by us in error).
2.7 Delivery Schedules
Orders for phased delivery against the clients forward delivery schedules are accepted on the understanding that any amendments to such schedules, not occasioned by delays upon our part, are subject to confirmation and acceptance by the company – we do reserve the right to invoice for all goods/services as per the original order if any amendments significantly delay the completion of the original schedule.
All installation works specified are normally quoted to be undertaken as continuous works, should delivery dates be significantly delayed as a result of delays on the part of the client, the company reserves the right to contra charge for any costs incurred as a result.
2.8 Health & Safety
The company operates a formal Health & Safety policy. A copy of this policy can be supplied upon request. It is incumbent on the client to advise the company immediately if any part of this policy conflicts with its own policy and/or procedures.
The client should advise the company prior to installation works commencing of its own Health & Safety requirements and its nominated contact on site with whom the company should liaise.
2.9 Version Control
Standard Terms and Conditions – Version 1.0 – 19th April, 2018 – Copyright CommPoint Limited.
1.1 This agreement (Agreement) concerns the provision by CommPoint Limited (CP) to you the customer (you) of one or more of CP’s telecommunications services. CP will provide you with the service(s) as specified on the quotation or any application form, subject to the provisions of this Agreement. CP may vary how these services are provided if CP wishes to maintain or improve their quality or needs to do so in order to comply with any applicable law or regulation.
1.2 Where the service provided is Calls, Line Rental (WLR), Broadband or Inbound Call Solutions, the provisions in this Agreement specific to that service shall apply and if they conflict with any provision elsewhere in the Agreement, the specific provisions shall prevail.
1.3 You acknowledge that certain services are incompatible with the calls and line services available from British Telecommunications Plc (BT) and such incompatible services are excluded from CP’s services.
1.4 You also acknowledge that some technical limitations within the network used to provide the services may not become apparent until the service has been operating for some time. If this occurs the service may need to be temporarily withdrawn, in which case you will receive a pro rata credit of any advance charges paid by you to CP in advance of the withdrawal.
1.5 If you want the connection point for the service ( i.e., the terminal block, socket for a removable plug, distribution frame or other device which connects your equipment to an exchange line) to be moved to another place within your site, CP may agree to this subject to your paying CP’s applicable charge. At CP’s request you will arrange for your equipment to be reprogrammed by your maintainer in accordance with instructions given by CP but CP will not bear any responsibility, or cost, for such reprogramming.
Any service including (but not limited to) Calls, Line Rental, Broadband and Inbound Solutions will be provided on the basis of a 12 month initial period from the date you sign the quotation or any application form, unless specifically stated to the contrary on the quotation or any application form.
Provision for automatic renewal of this Agreement, unless terminated by proper notice under the appropriate section of this Agreement, shall apply to both the initial and any renewal term.
CP charges you for using the services covered by this Agreement. Initially you are charged at the rates specified on the quotation or any application form or as published in our price lists (and varied from time to time). If the wholesale prices for any products which CP procures from its suppliers and which form part of the Services provided to you under this agreement are increased for any reason, for example (but not limited to) pursuant to a direction or decision of Ofcom, then at it’s sole discretion CP reserves the right to increase its Charges for the Services it supplies to you proportionately.
3.1 Charges are only calculated from data recorded by us and not from your own records or any other source.
3.2 Where a Direct Debit is unpaid due to insufficient funds or cancellation, a £5 administration charge will be included on your next monthly bill.
3.3 A charge of up to £20 will be added to your next bill to reinstate services barred due to non-payment of an invoice.
3.4 All CP charges (whether referred to in the quotation or application form, this Agreement, elsewhere or not) are subject to VAT at the prevailing rate.
3.5 CP will charge £110 to reinstate lines that have been ceased due to non-payment.
4. Payment Terms
4.1 It is a condition of service that all payments be made by Direct Debit on or before the due date shown on our invoices.
4.2 You will be notified of any problems with your payments or Direct Debit instructions.
4.3 Payments are to be made by you without set-off or deduction of any kind. If you fail to pay any sum due we shall be entitled to charge interest on the amount due at the rate of four per cent (4%) above the Bank of England official base lending rate, prevailing from time to time and calculated from the due date until payment in full.
4.4 Cancellation of the Direct Debit does not constitute notice of cancellation or termination of this Agreement.
4.5 You are protected at all times by the Direct Debit Guarantee as shown on the Direct Debit Mandate.
4.6 CP reserves the right to charge a £5.00 administration fee for payments tendered by means other than Direct Debit. CP reserves the right to increase this amount without notice.
4.7 You agree and CP reserves the right, to pass your details to credit reference agencies for the purposes of assessing your general credit worthiness when extending you credit and in the interests of preventing fraudulent activity on your account.
4.8 CP reserves the right to request from you at any time a deposit, paid in advance, should periodical credit checks reveal an insufficient credit scoring or a County Court Judgement is made against you, or if any unusual usage and/or call charges are incurred. Should you not provide the requested deposit within 30 days of a request being made by CP, CP reserves the right to terminate this Agreement and to demand full and immediate payment of any outstanding balance.
4.9 CP may, at its sole discretion and at any time, impose a credit limit on your account. Any credit limit imposed can be amended without prior notice. If you exceed any credit limit, CP may demand immediate payment of the charges and/or suspend the services it provides to you; and you will still be responsible for all charges incurred, including those exceeding the credit limit.
4.10 CP will charge a £199 disconnection fee should your Agreement with CP be terminated due to your non payment.
5.1 All call types (routes) where prices are not listed on the quotation or any application form will be charged at CP’s standard tariff prices, details of which are available on request.
5.2 Local and national calls are numbers beginning with 01 and 02 only and do not include non-geographic number (0845, 0870 etc), premium rate numbers (09xx) or internet access numbers.
5.3 Mobile calls are calls to 02, Vodafone, T-Mobile or Orange. Calls to other network operators, unless specified otherwise in the quotation or any application form, will be charged at CP’s standard tariff prices, details of which are available on request.
5.4 You agree that we may charge (according to CP’s standard tariff prices), for any supplemental services, including (but not limited to) CLIP, COLP, and DDI Number Assignment, that are not specifically included in any quotation or any application form, but that are required in order to successfully deliver any other services that we may provide to you that you have agreed to purchase.
6. Your Responsibilities – You agree:
6.1 To use the services in accordance with this Agreement, any instructions given by CP from time to time and any laws, regulations and licenses which apply to the use by you of the services.
6.2 Not to allow an alternative supplier to override or bypass CP’s service either through the installation of equipment or through the BT™ local exchange using (but not limited to) services such as CPS (Carrier Pre Selection).
6.3 To be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier.
6.4 Not to use the service to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone, or in order to commit a fraud or other criminal offence.
6.5 Not to transfer or agree to transfer any number provided to you for use with the service, nor attempt to do so.
6.6 To the termination of your existing contract for equivalent services with your current telecommunications provider and irrevocably authorise and request CP to cancel on your behalf any such existing contract. You also agree to provide CP with such information as CP reasonably requires enabling us to cancel such services and also to allow us (or one of our authorised suppliers/contractors) access to the premises where service is to be provided in order to install our equipment. You acknowledge that CP cannot process the provision of your services until such information is provided and access to the premises is allowed.
6.7 You will be responsible for providing the site conditions CP advises will be required for provision of the service including electricity supply connection points and computer terminals. CP will not be responsible for reinstating the site after the installation work has been carried out, other than where damage has been caused by CP or by those for whom CP is responsible.
6.8 You will ensure that your equipment meets all legal and regulatory requirements and is approved for connection to the network. You must disconnect any non-compliant equipment immediately or allow CP to do so at your expense.
6.9 You are responsible for removing any equipment not required for or incompatible with the service and returning it to its owner.
6.10 You consent to BT or other relevant service providers’ disclosing to CP any information relating to the transfer or removal of BT’s (or other relevant service providers’) products and services that exist on the line at the time of its transfer to CP
6.11 Where you are still in contract with another service provider, to account to them for all their costs under the terms of any contract or agreement you hold with them, or as incurred as a result of moving your services to CP, including (but not limited to) contract termination costs, early termination penalties or any other charges properly incurred. You fully indemnify CP against all such costs and it is a condition of entering into this Agreement that you agree to hold us harmless against all such charges.
7. Suspension of Service
CP may suspend the service (without being liable to compensate you):
7.1 In the event of a local or national emergency.
7.2 To comply with a request from a government or other competent authority.
7.3 To protect or provide service to rescue or other emergency services or otherwise.
7.4 To maintain the quality of CP’s services.
7.5 If CP reasonably believe that you will fail to pay any amount due to CP (whether or not we have issued you with an invoice)
7.6 If an event occurs which is beyond CP’s reasonable control.
7.7 If you break any part of this Agreement.
7.8 If CP has good reason to suspect fraudulent activity or misuse of CP’s services or any other breach by you of this Agreement.
The Agreement may be ended immediately by you on written notice to CP if CP breaks any term of this Agreement, which after written notice has not been rectified within 14 days. Either you or CP may end this Agreement without notice if the other stops trading or becomes insolvent or is wound up. CP may end this Agreement on written notice to you but without needing to give you prior notice if you break any of the obligations under clause 4 (Payment) or 6 (Your Responsibilities).
On termination of this Agreement for whatever reason, you will:
8.1 immediately pay any outstanding invoices.
8.2 be responsible for any required engineering reprogramming costs for you to use an alternative supplier.
9.1 Neither CP nor you will have to compensate the other for any detrimental event beyond the other’s reasonable control.
9.2 In this Agreement, events “beyond… reasonable control” include any act of God, reduction or failure of power supply, other telecommunications operators and suppliers or their equipment including access lines, act or omission of national or local government authority, war, act of terrorism, military operation, riot or delay or employee dispute.
9.3 In any event CP will not have to compensate you for any harm to your business, lost revenues, loss of anticipated savings, lost profits or any other direct or indirect, consequential or special losses resulting from your use of its’ services, nor for any charges incurred by you from a third party for any reason whatsoever.
9.4 Without prejudice, CP’s maximum liability to you in contract or tort arising under or in connection with this Agreement shall be limited to a refund of CP’s line rental charges for the period during which you were unable to use the services and in no event shall CP’s liability to you for any event or series of connected events exceed £500 for each year commencing on the date this Agreement with you comes into effect.
9.5 The service cannot be guaranteed to be fault free but CP will provide you with a similar standard of service as it provides to its customers generally and will do it’s utmost to provide a reliable and consistent service.
9.6 CP does not seek to limit it’s liability for death or personal injury resulting from CP’s negligence.
9.7 CP accepts no liability for claims relating to your ability to use or continue to use a particular telephone number.
9.8 CP accepts no liability for any charges incurred by you should your traffic be diverted to another service provider other than when this is due to a negligent act or omission on the part of CP.
10. Wholesale Line Rental (WLR)
On the WLR Service, CP will bill you for line rental of your BT™ line and BT Openreach™ will continue to maintain your line and fix any faults that may occur. You acknowledge that in order to avoid delays occurring in the ordering process, CP will need to be notified by BT™ of any products or services presently in use on your line that are incompatible with the WLR service. BT™ is under a strict duty not to disclose information about a customer’s telephone services to a third party unless the customer has consented to such disclosure. In signing this Agreement you give consent to BT™ to disclose such information to CP. You also give CP authority to act as your agent to arrange connection onto CP services. If CP is unable to take over the billing of your line rental, for whatever reason, you hereby authorise CP to carry your phone calls only through carrier pre selection (CPS).
11. Carrier Pre-Selection (CPS)
CPS is the routing of your phone calls through a carrier other than BT™. Your phone line(s) are still maintained by BT™ engineers but the calls are carried on another network. CP may select and at any time change any carrier or other service provider for the purposes of providing the CPS service. In signing the Agreement you irrevocably authorise CP to give all notices, nominations and other authorisations necessary for CP to provide the CPS service.
12. Repairs to Service
12.1 BT Openreach™ will continue to maintain your line and will continue to fix any faults that may occur. We will use our best endeavours to correct any defect or fault in the services provided to you as rapidly as possible. The CP Customer Service and Fault Notification number is 020 3325 3275.
12.2 In relation to the Line Rental Service, if BT Openreach™ charges CP for repairs and an engineering call out charge, which will occur if the fault is found to be a fault in or is due to damage to the customers’ equipment, CP reserves the right to pass on those charges to you together with its own administration charge of £25 per call out.
12.3 You should report any fault to CP’s customer services department (020 3325 3275), where it will be dealt with in accordance with CP’s fault repair service. CP may ask that you have your equipment checked by your own maintainer (if applicable). If CP agrees to fix a fault that is not CP’s responsibility, or if no fault is found, CP may charge you for work carried out by CP at its standard engineering rates.
13.1 You may not transfer this Agreement or any rights under it without CP’s prior written consent.
13.2 CP may transfer its rights or any part of them under this Agreement as it sees fit, on written notice to you.
13.3 If any provision or condition of this Agreement shall be invalid or unenforceable, the remaining terms shall continue to apply.
13.4 This Agreement and the documents referred to in it represent the entire contract between you and CP.
13.5 Any variations (other than changes made in accordance with this Agreement) shall not be effective unless in writing and signed by you and by CP).
13.6 If there is any inconsistency between the terms in this Agreement and the quotation or any application form, the terms in the quotation or any application form shall take precedence.
13.7 Any failure by either CP or you to enforce any right shall not be deemed a waiver of any such right.
13.8 This Agreement is governed by English Law and the English Courts shall have exclusive jurisdiction for the purposes of determining any dispute or other matter which arises out of or in relation to this Agreement.
14.1 Any notice required to be served under any of the provisions of this Agreement must be in writing. Our address for service (subject to any changes notified by CP to you) is shown on our website commpoint.it Your address for service is the address set out on the most recent invoice or such address as has been subsequently notified to CP in accordance with this clause.
14.2 A notice will be treated as served as follows:-
- in the case of delivery by hand, on the day of delivery except that where that day is not a Working Day, or the delivery is made after 4pm, then it will be treated as served on the next Working Day
- in the case of delivery by registered post or recorded delivery, on the date of delivery as proved by the proof of delivery advice issued by Royal Mail (or such other postal service providing a registered or recorded delivery service in place of or in addition to Royal Mail)
- in the case of any other method of service, at the time of service actually proved. In this clause “Working Day” means Monday to Friday but does not include Bank Holidays.
15.1 “Calls” means calls (including reverse charge calls) made on a line rented from us. For the avoidance of doubt a line is the apparatus forming part of the network used by CP to connect you to a telephone exchange or our I.P network to provide our services.
15.2 Unless discounted or waived, installation charges shall apply. The Agreement period for Calls is a minimum of 12 months or as specified on any signed quotation or application form. The initial period starts on the date you sign the quotation or application form and it will be automatically renewed for a further period of 12 months and for successive further periods of 12 months, unless either CP or you gives the other written notice of termination at least one calendar month before the end of the initial or the relevant succeeding period. These General Terms and Conditions explain how notices must be served.
15.3 If CP discounts or waives any line installation charges then the Agreement for calls will be for a minimum of 24 months rather than 12 months, commencing on the date you sign the quotation or any application form. The Agreement will be automatically renewed for a further period of 12 months and for successive further periods of 12 months unless either CP or you gives’ the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. These General Terms and Conditions explain how notices must be served.
15.4 Calls are charged at the rates set out in the quotation or any application form but where prices are not listed on the quotation or any application form, calls will be charged at CP’s standard tariff prices, details of which are available on request.
15.5 If you cancel the Calls service before it is duly terminated as described above, you will have to pay whichever is the greater of:
- £99, or
- an amount equal to the average of the Call charges for each of the last 3 complete months during which the Calls service was provided (but if there are less than 3 complete months then the average will be calculated on a weekly basis and the amount payable will be equal to 4 such average weeks). This is in addition to any other charge imposed by virtue of these General Terms and Conditions.
16. Line Rental
16.1 “Line Rental” means the provision of apparatus (i.e line or connection) forming part of the network used by CP to connect you to a telephone exchange or our I.P network.
16.2 Unless discounted or waived installation charges apply, the Agreement for Line Rental is for a minimum period of 12 months or, as specified on your signed quotation or any application form. The period starts on the date you sign your quotation or any application form. It will be automatically renewed for a further period of 12 months and for successive periods of 12 months unless either CP or you gives’ the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. These General Terms and Conditions explain how notices must be served.
16.3 If CP discounts or waives any line installation charges then the Agreement for Line Rental will be for a minimum of 24 months rather than 12 months commencing on the date you sign the Application Form. It will be automatically renewed for a further period of 12 months and for successive further periods of 12 months, unless either CP or you gives’ the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. These General Terms and Conditions explain how notices must be served.
16.4 The fee for Line rental is as set out in your signed quotation or any application form – where prices are not listed on the quotation or the application form, line rental will be charged at CP’s standard rates, details of which are available on request.
16.5 If you cancel the Line Rental service before it is duly terminated as described above, you will have to continue paying the monthly service fee up until the end of the then current period of the Agreement, or £99, whichever is the greater. This is in addition to any other charge imposed under these General Terms and Conditions.
16.6 Additionally, if you terminate this Agreement prior to the end of the period specified on the signed quotation or any application form and after your account has been provisioned (except if you terminate, in accordance with the provisions of this Agreement, as a result of CP’s breach or insolvency or winding up), you will reimburse CP for any costs incurred in releasing you from your contractual obligations with BT™ prior to transferring you to the CP service (if applicable).
16.7 Where the service involves the installation of a new line, CP will allocate a telephone number to that line and, unless you do not require it, will arrange for one free standard directory entry to be made in a telephone directory published by BT or any other operator (as appropriate), using the details provided on the signed quotation or any application form – unless previously advised to us to the contrary in writing and served according to these General Terms and Conditions.
16.8 If CP has an appropriate Agreement with your existing service provider, CP can provide, at your request, a telephone line using your existing number as long as:
- there are no technical reasons preventing the use of that number
- the existing service provider agrees to release the number
- you authorise CP to cancel on your behalf the service on the existing line using that telephone number
- you provide CP with sufficient information including (but not limited to) the account name, account number, service address and billing address
- you pay CP’s charges for number portability, and number portability is available at the site
17.1 “Broadband” means all broadband services provided by us, including ADSL and SDSL and any similar service (i.e Leased Lines, EFM, GEA etc) or other service providing a connection to the Internet.
17.2 The Agreement for Broadband is for a minimum of 12 months or, as specified on your signed quotation or any application form. The period starts on the date you sign the quotation or application form. It will be automatically renewed for a further period of 12 months and for successive further periods of 12 months unless either CP or you gives’ the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. These General Terms and Conditions explain how notices must be served.
17.3 The fee for the Broadband service is the monthly service fee set out in your signed quotation or any application form.
17.4 If you cancel the Broadband service before it is terminated as described above, you will have to continue paying the monthly service fee up until the end of the then current period of the Agreement, or £99, whichever is greater. This is in addition to any other charge imposed under these General Terms and Conditions.
18. Inbound Call Solutions (NGN – Non Geographic Numbers)
18.1 “Inbound Call Solutions” means services provided via Non-Geographic Numbers (NGNs), such as fax to email service, interactive voice response, time of day/day of week routing, call queuing and outbound call recording services.
18.2 The Agreement for Inbound Solutions is for a minimum of 12 months or, as specified on your signed quotation or application. The period starts on the date you sign the quotation or any application form. It will be automatically renewed for a further period of 12 months and for successive further periods of 12 months unless either CP or you gives’ the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. These General Terms and Conditions explain how notices must be served.
18.3 The fee for the Inbound Call Solutions service is the monthly service fee set out in your signed quotation or application form.
18.4 If you cancel the Inbound Call Solutions service before it is terminated as described above, you will have to continue paying the monthly service fee up until the end of the then current period of the Agreement, or £99, whichever is more. This is in addition to any other charge imposed by virtue of these General Terms and Conditions.
19. Early Cancellation Charges
Where cancellation charges as described in Clauses 15 (Calls), 16 (Line Rental), 17 (Broadband) and 18 (Inbound Solutions) and in respect of any other service provided by CP apply, such cancellation charges are cumulative.
20. Version Control
Telecommunications Services – General Terms and Conditions – Version 1.0 – 19th April, 2018 – Copyright CommPoint Limited.