Standard Terms and Conditions Barker Telecommunications
The following words have the following meaning:
"Act" means the Telecommunications Act 1984.
"BT" means British Telecommunications plc.
"Bartel" means Barker Telecommunications Ltd.
"Charges" means the charges payable by the Customer to Bartel in respect of the services as set out in Schedule 7.
"Customer" means a person or entity who enters into a customer contract.
"Customer Contract" means an agreement between the customer and Bartel for a service.
"Equipment" means any equipment which is supplied to the customer for the provision of the services;
"PBX" means Private Branch Exchange;
"Site" means the locations at which the Services are to be provided to the Customer.
1.2 A reference to an Act of Parliament in the Agreement includes any amendment, replacement or re-enactment and includes any by-laws, statutory instruments, rules, regulations, orders, notices, directions, consents or permissions made under it and any conditions imposed by it.
2.1 This agreement shall commence on the date hereof and will continue thereafter until the expiry of the Period and thereafter unless it is terminated as per clause 8.
3.1 Customer will not interfere with or modify any Equipment and will not remove or alter an identification mark on the Equipment showing that it is owned by BarTel; and
3.2 When the ownership of the Equipment is relevant, the Customer will make clear to third parties that the equipment is BarTel's property; and
3.3 The Customer is responsible at all time for ensuring the safe use and safe custody of the equipment whilst it is in the Customer's custody, including procuring and maintain an appropriate insurance policy; and
3.4 The Customer shall not attempt to let, sell, charge or otherwise deal with the equipment,
3.5 The Customer must allow engineering access to their company premises, should BarTel deem it necessary to ensure calls are carried over our service within 14 days of a request. Failure to do so will be treated as a breach hence termination charges detailed in Clause 8.3 will apply.
BarTel may at any time change the BarTel Network or service:
4.1 If it needs to do so to comply with any applicable safety or other statutory requirements; or
4.2 Where the change does not materially detract from the quality or performance of the Services.
5.1 BarTel may, without terminating this agreement, immediately suspend part or all of the Services until further notice if:
5.1.1 Bartel is obliged to comply with an order, instruction or request of Government, an emergency services organization, or other competent administrative authority (including Oftel and ICSTIS). BarTel will give the Customer the maximum period of notice reasonably practicable in the circumstances if it needs to suspend the Services for this reason; or
5.1.2 BarTel suspects fraudulent use of the Services.
5.1.3 Customer fails to pay under agreed terms as per 7.1
6.1 The customer will be responsible for ensuring that the Services are not used for sending of any defamatory, offensive or abusive or obscene, or menacing material or in a manner which infringes the rights of any person (including rights of copyright or confidentiality) and if BarTel incurs any liability to any person or expense in any way connected with any such use then the customer will promptly reimburse such amounts to BarTel.
6.2 BarTel recommend that the customer includes telephone system related applications as part of their security policy and seek insurance against such acts. BarTel will not be liable for any costs incurred due to fraud of any kind.
7.1 The customer must pay BarTel the Charges for the Services by the thirtieth day after the date of the invoice. If the Customer fails to make any payment within 30 days of the date of the date of invoice BarTel may require the Customer to pay all sums due under this Agreement on demand.
7.2 All sums due to BarTel under this Agreement are exclusive of Value Added Tax and any other applicable taxes which may from time to time be introduced, which shall be charged in accordance with the relevant regulations in force at the time of making the taxable supply and must be paid by the Customer.
7.3 The amount of Charges due to Customer shall be by reference to data recorded or logged by BarTel and no data recorded or logged by the Customer.
7.4 If the Customer wishes to dispute any invoice the following provisions apply:
7.4.1 The Customer must contact the helpline in writing or by telephone within 14 days of the date of invoice. The customer must pay any undisputed amount by the due date;
7.4.2 BarTel will use its reasonable endeavours to resolve any dispute about a genuine grievance within 60 days of the Customer contracting the helpline;
7.4.3 If the dispute is resolved in the Customers favour, BarTel will accept any payment of a lesser amount as agreed and give credit to the Customer in it's next invoice;
7.4.4 If the dispute is resolved in BarTel's favour, the customer must pay any amount it has withheld within seven working days and BarTel may require the customer to pay any fees or expenses reasonably incurred by BarTel in collecting, or attempting to collect, any charges owed by the Customer.
7.4.5 BarTel may at any time vary the charges by:
7.4.6 Decreasing the charges without notice, but will notify the Customer of any decrease as soon as reasonably practicable after it becomes effective.
8.1 To terminate your agreement with BarTel, you must give written notice of at least 30 days before the agreement anniversary. Such notice must be served by recorded first class post to the registered address of BarTel on letterhead or from a recognised email address. Upon receipt of written notice BarTel will provide you with a unique Advanced Termination Reference Number (ATRN). No notice will be deemed valid until such time as you have received your unique (ATRN) from BarTel. Failing this your agreement will be renewed automatically for an additional term, being the term of the original agreement as stated on the most recent contract. If notice is not given charges will be raised for the 30 day period as calculated in section 8.3
8.2 BarTel may suspend service where it could terminate this agreement or when the customer has failed to pay any amount due, or it reasonably believes that the customer will fail to pay any amount due and any such suspension will be without prejudice to the right to terminate.
8.3 In the event of the agreement being terminated pursuant to clause 8.1 then the customer shall pay to BarTel a termination fee in the sum equal to the following: an administration fee of £100.00 plus the total amount that would have been payable in respect of line rental for the remaining period of the supply period had the supply period not been terminated early because of the customers breach or insolvency, plus thirty percent of the customers estimated monthly expenditure for each of the remaining months of the supply period, that would have occurred had the supply period not been terminated early because of the customer's breach or insolvency. (if the customer fails to enter on to the services of BarTel this will be calculated at £100.00 per month for the agreed contract term) The customer agrees that the termination fee, as calculated herein represents a fair and reasonable estimate of the losses, expenses and costs which BarTel would suffer in the event of this agreement being terminated pursuant to clause 8.1
9.1 Neither party is liable to the other party except as expressly set out in this agreement, and has no other obligation or liability whatsoever in contract, tort or otherwise to other party.
9.1.2 Nothing in this Agreement excludes or restricts either party's liability;
9.1.3 For death or personal injury resulting from that party's negligence or its employee's negligence while acting in the course of their employment; or
9.1.4 Arising from any defect in equipment if and to the extent that party is liable under Part 1 of the Consumer Protection Act 1987 or any safety regulations made under it; or
9.1.5 Arising from a breach by that party of its statutory duty under section 41(1) of the Consumer Protection Act 1987, not to contravene any obligation contained in the safety regulations made under section 11 of the Consumer Protection Act 1987.
9.2 Without prejudice to the Consumer's obligations to pay BarTel the charges, neither party will be liable to the other under this Agreement in contract, tort (including negligence) or otherwise for any loss of revenue, business contracts, anticipated savings, or profits.
9.3 Neither party will be liable to the other for any failure to comply with its obligations under this agreement to the extent that this liability arises as a result of the failure by the other party to fulfil its obligations under this agreement.
9.4 The customer indemnifies BarTel and will keep BarTel fully and effectively indemnified against all and any losses, claims, damages, costs charges, expenses and other liabilities which may be brought or established against it by any person and which in any case arise out of or in relation to or by reason of:
9.4.1 Any breach by the customer of its obligations under this agreement; or
9.4.2 The negligence, recklessness or wilful misconduct of the customer in the performance of it's obligations
9.4.3 The provisions of this Clause continue to apply despite the termination or expiry of this agreement.
10.1 Neither party shall be obliged to carry out any obligation under this agreement where performance of such obligation is prevented due to any causes beyond that party's reasonable control, including, but not limited to, failure or shortage of power supplies, labour shortage or labour disputes, the order, instruction, request, act or omission of Government, an emergency services organisation, other telecommunications operators or administrations or other competent authority, legal or statutory obligations, the obstruction by a third party of line of sight between microwave installations, or difficulty, delay or failure in manufacture, production or supply by third parties of either equipment or services or both resulting from the same or a similar type of force majeure cause.
11.1 The provisions of this Clause do not apply to any confidential information which:
11.1.2 Is in or enters the public domain other than by breach of the agreement; or
11.1.3 Is obtained from a third party who is lawfully authorised to disclose such information; or
11.1.4 Is authorised in writing by BarTel for release.
11.2 Nothing in this Clause prevents the Customer from disclosing confidential information where it is required to be disclosed by judical, administrative, governmental or regulatory process in connection with any action, suit proceeding or claim or otherwise by applicable law.
11.3 Both parties must comply with Data Protection Act 1998 when dealing with information given to the other party under this agreement.
11.4 The provisions of this clause survive the termination or expiry of this agreement.
12.1.1 Notices under this agreement (other than contacting the helpline under clause 12.3) must be in writing and shall be hand delivered or sent by first class prepaid post or facsimile transmission to the recipient's address specified on the first page as varied by notice in writing from time to time.
12.2 A notice given in accordance with clause 12.1.1 is taken to be received, in the absence of evidence of earlier receipt;
12.2.1 If hand delivered, on delivery
12.2.2 If sent by first class prepaid post, three days after the date of posting; and
12.3 The customer will contact the helpline in writing, by telephone, fax or by E-mail if it wishes to dispute any invoice under clause 7 or it has any operational queries that are not a notification under this agreement.
Notwithstanding any other provision of this agreement, BarTel may very the agreement at any time by notice in writing to the customer if it needs to do so to comply with any law or statutory obligation and will use its reasonable endeavours to ensure that any change to the agreement does not result in any deterioration in the service.
14.1 The parties to this agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
14.2 Failure by either party to enforce any of its rights under this agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.
14.3 Part or all of any clause of this agreement that is unenforceable or illegal will be served from this agreement and will not affect the enforceable of the remaining provisions of this agreement.
14.4 This agreement sets out the entire agreement between the parties in relation to the services.
14.5 This agreement is governed by the law of England and Wales, and the parties agree to submit disputes in connection with this agreement to the exclusive jurisdiction of the courts of England and Wales.
Terms and Conditions ADSL Barker Telecommunications
1.1 In these terms:
"BT" means British Telecommunications PLC
"Company" means Barker Telecommunications Ltd (registered in England and Wales under number 3619397)
"Contract" means the contract for the services to which these terms are attached;
"Customer" means the person, firm, partnership or company set out in the contract;
"DTI" means the Department of Trade and Industry
"Equipment" means the equipment set out in the contract;
"Terms" means the terms and conditions of the Services set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the company and the customer.
1.2 Any reference in these terms to a statue or a provision of a statue shall be construed as a reference to that statue or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these terms are for convenience only and shall not affect their interpretation.
1.4 These terms govern the supply of services by the company to the customer to the exclusion of all other terms (unless expressly agreed by the company in writing). Provisions relating solely to the fixed line service, free phone service or mobile service (as the case may be) are to govern those services only but are to be read in conjunction with those provisions relating to the services generally.
2.1 Subject to the prior termination of the contract in accordance with these terms and unless otherwise agreed by the company in writing the company shall supply the service 24 months and continue thereafter until either party provides written notice of termination as per clauses 8.2, 8.3 and 8.4.
3.2 The company warrants to the customer that the services will be performed by appropriately qualified and trained personnel, and in accordance with the standards of a competent telecommunications provider (and in compliance with applicable BT and DTI requirements) with due care and diligence and to such high standard of quality as it is reasonable for the customer to expect in all the circumstances.
3.3 Subject always to clause 10.1, the company shall use its reasonable endeavours to provide the service to the customer from or before the date notified to the customer for the commencement and correct any faults in the services notified to it by the customer as soon as reasonably possible.
3.4 The customer should provide all reasonable assistance to the company (including access to all locations at which the company's equipment is situate or is to be situate) so as to enable the company to supply and continue to supply the services.
3.5 The customer shall not use the service for any improper or unlawful purposes, nor allow others to do so.
4.2 The customer acknowledges that ownership in the free-phone number(s) allocated to it by the company shall not pass to the customer and the customer shall have no right to use such free-phone numbers upon termination of the free-phone service.
4.3 The customer reserves the right upon giving to the customer not less than one month's written notice to after (without incurring any liability) the free-phone number(s) allocated to it by the company so as to enable the company to devote appropriate telecommunications capability to such free-phone number(s).
4.4 The customer shall promptly inform the company of any event which is likely to substantially affect the number of calls to the free-phone number's) allocated to it by the company so as to enable the company to devote appropriate telecommunications capacity to such free-phone number(s).
5.2 The customer must pay the company the charges for the services by the twenty fifth day after the date of the invoice. If the customer fails to make payment within 30 days of the date of invoice the company may require the customer to pay all sums due under this agreement on demand.
5.3 All sums due to the company under this agreement are exclusive of Value Added Tax and any other applicable taxes which may from time to time be introduced, which shall be charged in accordance with the relevant regulations in force at the time of making the taxable supply and must be paid by the customer.
5.4 The amount of charges due to the customer shall be by reference to data recorded or logged by the company and not data recorded or logged by the customer.
5.5 If the customer wishes to dispute any invoice the following provisions apply:
5.4.1 The customer must contact the company in writing or by telephone within 14 days of the invoice.
5.4.2 The company will use its reasonable endeavours to resolve any dispute about a genuine complaint within 30 days of the customer contracting the helpline;
5.4.3 If the dispute is resolved in the customer's favour, the company will accept payment of a lesser amount as agreed and give credit to the customer.
5.4.4 If the dispute is resolved in the company's favour, the customer must pay any amount it has withheld within seven working days of such resolution and the company may require the customer to pay any fees or expenses reasonably incurred by the company in collecting, or attempting to collect, any charges owed by the customer.
5.4.5 The company may at any time vary the charges by changes the charges without notice, but will notify the customer of any changes as soon as reasonably practicable after it becomes effective.
5.4.6 The customer must pay the company for services via direct debit payment method as per payment terms due to this agreement under section 7.
6.2 Unless otherwise agreed by the company in writing, risk of damage to or loss of the equipment shall pass to the customer on delivery and/or installation (as the case may be) in accordance with the contract.
6.3 Unless otherwise agreed by the company in writing, the property in the equipment shall only pass to the customer once the company has received in cash or cleared funds payment in full of the equipment price.
6.4 Until such time as the property in the equipment passes to the customer, the customer shall hold the equipment as the company's fiduciary agent and bailee, and shall keep it separate from that of the customer and third parties and property stored, protected and insured and identified as the company's property , but shall be entitled to use the equipment in the ordinary course of it's business.
6.5 Until such time as the property in the equipment passes to the customer (and provide the equipment is still in existence and has not been resold) the company shall be entitled at any time to require the customer to deliver up the equipment to the company and, if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the equipment is stored and repossess the equipment.
6.6 The customer shall not be entitled to pledge or in any way charge by way of security for any indebt ness any of the equipment which remain the company's property, but if the customer does so all moneys owing by the customer to the company shall (without limiting any other right or remedy of the company) forthwith become due and payable.
6.7 Unless otherwise agreed by the company in writing, the property in the equipment shall remain with the company notwithstanding the delivery and/or installation (as the case may be) of the company's equipment at the customer's premises, or in such other location nominated by the customer. The customer agrees to indemnify the company for all costs, claims or expenses incurred by the company as a result of damage to or loss of the company's equipment whilst such equipment whilst such equipment is situate at the customer's premises or in such other location nominated by the customer.
7.2 The customer shall indemnify the company in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by the company as a result of or in connection with the customer's breach of the contract.
7.3 Except in respect of death or personal injury caused by the company's negligence, or liability for defective products under the Consumer Protection Act 1987, the company shall not be liable to the customer be reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express term of the contract, for loss of profit, or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the company, its employees or agents or otherwise) which arise out of or in connection with the supply of the services or the equipment (as the case may be) (including any delay in supplying or any failure to supply the services or the equipment (as the case may be) in accordance with the contract or at all) and the entire liability of the company under or in connection with the contract shall not exceed £100,000.00 and all conditions, warranties, representations, statements, liabilities and other terms implied by common law, statue or otherwise are excluded to the fullest extent permitted by law.
7.4 The statutory rights of the customer are not affected.
7.5 The company shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing, or failure to perform any of its obligations in relation to the services, if the delay or failure is beyond the company's reasonable control:
7.5.1 Default or failure of a third party (including any public telecommunications network operator or maintainer).
7.5.2 Failure in the supply of any third parties' telecommunications system;
7.5.3 Act of God, explosion, flood, tempest, fire or accident
7.5.4 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
7.5.5 Acts of Parliament, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any governmental, parliamentary or local authority.
8.2 The company may suspend the ADSL services immediately if:
8.2.1 The company has reasonable grounds for believing that the equipment is used or may be used in an unauthorised or illegal manner; or
8.2.2 The customer is in breach of any terms of the contract; or
8.2.3 The customer notifies the company that the equipment is lost or stolen; or
8.2.4 The customer's network fails or is being tested, modified or maintained; or
8.2.5 The customer fails to pay to the company any charges when they become due.
8.3 In the event that the company suspends the services pursuant to clause 8.1
8.3.1 The company will not provides the applicable services again until the customer takes such action as may in the company's absolute discretion be required; and
8.3.2 The customer shall continue to be responsible for the company's charges in accordance with clause 5 unless the company ends the contract by giving notice in accordance with clause 8.3 or the customer ends the contract by giving notice in accordance with clause 8.4.
8.4 The company may terminate the contract in respect of all or part only of the service without liability to the customer by giving notice to the customer at any time if:
8.4.1 The customer commits any breach of the contract and, in the case of a breach capable of remedy, fails to remedy the same within 14 days after receipt of written notice from the company giving particulars of the breach and requiring it to be so remedied; or
8.4.2 The customer makes any voluntary arrangement with its creditors (within the meaning of the insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than foe the purpose of amalgamation or reconstruction); or
8.4.3 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the customer; or
8.4.4 The customer ceases, or threatens to cease, to carry on business or substantially changes the nature of it's business; or
8.4.5 The customer reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.
8.5 To terminate your Broadband agreement with Barker Telecommunication Ltd you must give written notice of at least 30 days before the agreement anniversary. Such notice must be served by recorded first class post to the registered address of Barker Telecommunications. Upon receipt of the written notice Barker Telecommunications Ltd will provide you with a unique Advanced Termination Reference Number (ATRN). No notice will be deemed valid, until such time as you have received your unique (ATRN) from Barker Telecommunications Ltd. Failing this your agreement will be renewed automatically for the duration of the original most recent contract. There is a standard £40.00 disconnection fee.
9.1 In the event that the contract is terminated in accordance with clause 8:
9.2 The customer will permit the removal of any of the Company's equipment situated or installed at the customer's premises or such other location notified to the company by the customer.
9.3 In the event of the agreement being terminated early then the customer shall pay to BarTel a termination fee in the sum equal to the following: an administration fee of £100.00 plus the total amount that would have been payable in respect of ADSL rental for the remaining period of the supply period had the supply period not been terminated early because of the customers breach or insolvency
10.1 The company reserves the right at any time to make any modification, change, addition or other statutory or regulatory requirements, or as otherwise required by the company in the normal course of running its business.
11.1 These terms shall apply to the contract to the exclusion of any other terms referred to by the customer.
11.2 No variation to the contract or these terms shall be binding unless agreed in writing by a director or authorised representative of the company.
11.3 The contract is personal to the customer and the customer shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations under the Contract without the Company's prior written consent. The company may assign or transfer any of its rights or sub-contract any of its obligations under the contract at any time.
11.4 A notice required or permitted to be given by the Customer to the company under these terms shall be in writing addressed to the address set out in the company's last invoice to the customer. A notice required or permitted to be given by the company to the customer under these terms shall be in writing addressed to the address to which the company's last invoice to the customer was sent. All such notices shall be served in writing by registered or recorded delivery post or delivered by hand.
11.5 The company may register information about the customer with a licensed credit reference agency. This information may be used to make credit decisions by the company and third parties. The information may also be used to prevent fraud and to trace debtors.
11.6 The company may monitor and record telephone calls made to it by the customer for training purposes.
11.7 No waiver by the company of any breach of the contract by the customer shall be considered as a waiver of any subsequent.
11.8 If any provision of these terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected.
11.9 The contract shall be governed by the laws of England.
11.10 A person who is not a party to the Contract has no rights 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.
Terms and Conditions Non Geographic Numbers Barker Telecommunications LTD
"Act" means the Telecommunications Act 1984;
"BT" means British Telecommunications plc;
"BarTel" means Barker Telecommunications Ltd.
"Charges" means the charges payable by the customer to BarTel. In respect of the services as set out in Schedule 7;
"Customer" means a person or entity who enters into a customer contract;
"Customer Contract" means an agreement between the customer and BarTel for a service;
"Site" means the locations at which the services are to be provided to the customer.
1.2 A reference to an Act of Parliament in this agreement includes any amendment, replacement or re-enactment and includes any by-laws, statutory instruments, rules, regulations, orders, notices, directions, consents or permission made under it and any conditions imposed by it,
2.1 This agreement shall commence on the date hereof and will continue thereafter until the expiry of the period and thereafter unless and until terminated.
3.1 Non geographical numbers supplied by BarTel are and will remain the property of BarTel.
3.2 The customer may use supplied non geographical numbers whilst a customer of BarTel. Should the customer contract be ended with BarTel the numbers will remain with BarTel.
3.3 The customer shall not attempt to let, sell, charge or otherwise pass on non-geographical numbers to a third party.
BarTel may at any time change the BarTel Network or the services:
4.1 If it needs to do so to comply with any applicable safety or other statutory requirements; or
4.2 Where the change does not materially detract from the quality or performance of the services.
5.1 BarTel may, without terminating this agreement, immediately suspend part or all the services until further notice if:
5.1.1 BarTel is obliged to comply with an order, instruction or request of Government, an emergency services organization, or other competent administrative authority (including Oftel and ICSTIS). BarTel will give the customer the maximum period of notice reasonably practicable in the circumstances if it needs to suspend the services for this reason; or
5.1.2 BarTel suspects fraudulent use of the services.
5.1.3 Customer fails to pay under agreed terms as per 7.1
6.1 The customer must pay BarTel for the charges for the services are not used for the sending of any defamatory, offensive or abusive, or obscene or menacing material or in a manner which infringes the rights of any person (including rights of copyright or confidentiality) and if BarTel incurs any liability to any person or expense in any way connected with any such use then the customer will promptly reimburse such amounts to BarTel.
7.1 The customer must pay BarTel for the charges for the services by the thirtieth day after the date of the invoice. If the customer fails to make any payment within 30 days of the date of invoice BarTel may require the customer to pay all sums due under this agreement on demand.
7.2 All sums due to Bartel under this agreement are exclusive of Value Added Tax and any other applicable taxes which may from time to time be introduced, which shall be charged in accordance with the relevant regulations in force at the time of making the taxable supply and must be paid by the customer.
7.3 The amount of charges due to customer shall be by reference to data recorded or logged by the customer.
7.4 If the customer wishes to dispute any invoice the following provisions apply:
7.4.1 The customer must contact the helpline in writing or by telephone within 14 days of the date of the invoice. The customer must pay undisputed amount by the due date;
7.4.2 BarTel will use its reasonable endeavours to resolve any dispute about a genuine grievance within 30 days of the customer contacting the helpline;
7.4.3 If the dispute is resolved in the customer's favour, BarTel will accept payment of a lesser amount as agreed and give credit to the customer in it's next invoice;
7.4.4 If the dispute is resolved in BarTel's favour, the customer must pay any amount it has withheld within seven working days and BarTel may require the customer to pay for any fees or expenses reasonably incurred by BarTel in collecting, or attempting to collect, any charges owed by the customer.
7.4.5 BarTel may at any time vary the charges.
8.1 To port a non-geographical number away from BarTel 30 days notice must be given,
8.2 BarTel may suspend service where it could terminate this agreement or when the customer has failed to pay any amount due, or it reasonably believes that the customer will fail to pay any amount due and any such suspension will be without prejudice to the right to terminate.
8.3 A fee of £125.00 per non geographical number to be ported, shall be paid in advance of BarTel agreeing to the porting of any non geographical number.
8.4 Where a non geographical number is deemed by BarTel to be of high value i.e. ends in a double digit, the number has a pertinent significance or runs in sequence (ends 1234 etc) additional charges may be applied. This is entirely at the discretion of BarTel.
8.5 The customer agrees that the porting fee, as calculated herein represents a fair and reasonable estimate of the losses, expenses and costs which Barker Telecommunications Ltd would suffer in the event of this agreement being terminated.
9.1 Neither party is liable to the other party except as expressly set out in this agreement, and has no other obligation or liability whatsoever in contract, tort or otherwise to the other party.
9.1.2 Nothing in this agreement excludes or restricts either partys liability:
9.1.3 For death or injury resulting from that partys negligence or it's employees' negligence while acting in the course of their employment; or
9.1.4 Arising from any defect in equipment if and to the extent that party is liable under Part 1 of the Consumer Protection Act 1987, or any safety regulation made under it; or
9.1.5 Arising from a breach by that party of its statutory duty under section 41(1) of the Consumer Protection Act 1987, not to contravene any obligation contained in safety regulations made under section 11 of the Consumer Protection Act 1987.
9.2 Without prejudice to the customer's obligations to pay BarTel the charges, neither party will be liable to the other under this agreement in contract, tort (including negligence) or otherwise for any loss of revenue, business, contracts, anticipated savings, or profits.
9.3 Neither party will be liable to the other for any failure to comply with its obligations under this agreement to the extent that this liability arises as a result of the failure by the other party to fulfil its obligations under this agreement.
9.4 The customer indemnifies BarTel and will keep BarTel fully and effectively indemnified against all and any losses, claims, damages, costs, charges, expenses and other liabilities which BarTel may sustain or incur or which may be brought or established against it by any person and which in any case arise out of or in relation to or by reason of:
9.4.1 Any breach by the customer of its obligations under this agreement; or
9.4.2 The negligence, recklessness or wilful misconduct of the customer in the performance of its obligations.
9.5 The provisions of this clause continue to apply despite the termination or expiry of this agreement,
10.1 Neither party shall be obliged to carry out any obligation under this agreement where performance of such obligation is prevented due to any cause beyond that party's reasonable control, including, but not limited to, failure or shortage of power supplies, labour shortage or labour dispute, the order, instruction, request, act or omission of Government, an emergency services organisation, other telecommunications operators or administrators or other competent authority, legal or statutory obligations, the obstruction by a third party of line of sight between microwave installations, or difficulty, delay or failure in manufacture, production or supply by third parties of either equipment or services or both resulting from the same or a similar type of force majeure cause.
10.2 If any cause under clause 10.1 lasts for more than three months and prevents either party from performing all or a material part of its obligations during that period either party may cancel any service affected by the cause.
11.1 The provisions of this Clause do not apply to any confidential information which:11.1.2 Is in or enters the public domain other than by breach of the agreement; or
11.1.3 Is obtained from a third party who is lawfully authorized to disclose such information; or
11.1.4 Is authorized in writing by BarTel for release.
11.2 Nothing in this clause prevents the customer from disclosing confidential information where it is required to be disclosed by judical, administrative, governmental or regulatory process in connection with my action, suit, proceeding or claim or otherwise by applicable law.
11.3 Both parties must comply with the Data Protection Act 1998 when dealing with information given to the other party under this agreement.
11.4 The provisions of this clause survive the termination or expiry of this agreement.
12.1.1 Notices under this agreement (other than contacting the helpline under clause 12.3) must be in writing, and shall be hand delivered or sent by first class prepaid post or facsimile transmission to the recipient's address specified on the first page as varied by notice in writing from time to time.
12.2 A notice given in accordance with clause 12.1 is taken to be received, in the absence of evidence of earlier receipt:
12.2.1 If hand delivered, on delivery:
12.2.2 If sent by first class prepaid post, three days after the date of posting; and
12.2.3 If sent by facsimile, on the next working day following transmission.12.3 The customer will contact the helpline in writing, by telephone, fax or by E-mail if it wishes to dispute any invoice under clause 7 or it has any operational queries that are not a notification under this agreement.
Notwithstanding any other provisions of this agreement, BarTel may vary the agreement at any time by notice in writing to the customer if it needs to do so to comply with any law or statutory obligation and will use its reasonable endeavours to ensure that any change to the agreement does not result in any deterioration in the services.
14.1 The parties to this agreement do not intend that any of its terms will be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
14.2 Failure by either party to enforce any of its rights under this agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.
14.3 Part or all of any clause of this agreement that is unenforceable or illegal will be severed from this agreement and will not affect the enforceability of the remaining provisions of this agreement.
14.4 This agreement sets out the entire agreement between the parties in relation to the services.
14.5 This agreement is governed by the law of England and Wales, and the parties agree to submit disputes in the courts of England and Wales.
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