The term “Russell Telecom” or “us” or “we” refers to the owner of the website whose registered office is Communications House, Keel Row, The Watermark, Gateshead, Tyne & Wear, NE11 9SZ. Our company registration number is 02554543. The term “you” refers to the user or viewer of our website.
The information contained in this website is for general information only. The information is provided by Russell Telecom and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy and suitability in respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Russell Telecom. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Russell Telecom takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its content is copyright of Russell Telecom – © Russell Telecom 2011. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
1) You may print or download to a local hard disk extracts for your personal and non-commercial use only 2) You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
3) You may not, except with our express written permission, distribute or commercially exploit the content. or transmit it or store it in any other website or other form of electronic retrieval system.
STANDARD TERMS OF TRADING
All quotations are made and orders accepted subject to the following Terms of Trading, and no alterations or modifications of terms inconsistent herewith shall have effect unless embodied in a formal agreement with the customer as expressly accepted by Russell Telecom Ltd (the Company) in writing, signed by a director of the Company. Where the context permits, these Terms shall apply to the provision of services as well as the supply of goods. The Company reserves the right to vary the Terms without notice, an updated copy, if applicable, will be supplied on request to the Company.
Should any of the information or data supplied by the customer for the preparation of the quotation prove not to be sufficient or accurate the Company reserves the right to amend the quotation, and increase the quoted price to cover any resultant increase in cost.
3. Delivery & Terms of Dispatch
The Company will endeavour deliver the goods upon the estimated delivery date quoted. The Company shall be under no liability whatsoever for any delay in dispatch or delivery. If the customer shall refuse to accept delivery of any goods for any reason, the Company shall be entitled to charge the customer for all additional delivery and other costs incurred by as a result.
4. Settlement Terms
Unless otherwise specified in the quotation or other agreement, all supplies must be paid for on installation. The Company reserves the right to charge interest at the rate of 3% per annum over the Bank of England base rate on the invoice price from the due date until the date of payment. The customer shall not be entitled to make any deduction from the price in respect of any set-off or counterclaim.
5. Property & Risk
All risks in the goods shall pass to the customer upon delivery. Property in the goods shall remain with the Company until payment of the full price, including any interest charged in accordance with the preceding condition. The Company or its agents shall be entitled to enter any premises where the goods may be for the purpose of re-taking possession thereof. The Company shall be entitled to bring action for the price whether or not property in the goods has passed to the customer.
6. Liability & Risk
In no event shall the Company be liable for economic loss which shall include loss of profit, business revenue, goodwill and anticipated savings or damages in respect of special, indirect or consequential loss or damage, other than direct physical damage property caused by the negligence of the Company or its employees.
Should an employee of the Company enter into an agreement which is outwit our normal scope of trade, the Company cannot be bound by the agreement and will be entitled to vary it, in accordance with Section 1 above.
The Company shall not be liable to the customer for any failure to perform its obligations due to any circumstances beyond its control (including strikes, lockouts, industrial disputes, failure of power supply, delays caused by Public Telephone Operators or any other person, firm or company, delays caused by any manufactured of the goods, riots, civil disturbances, war, fire, explosion, flood or natural causes) and in such event the Company may elect by written notice to cancel any agreement, or elect that the time for performance shall be extended until such time as the Company can reasonably effect performance.
STANDARD TERMS & CONDITIONS RELATING TO THE TELECOMMUNICATIONS CALLS & LINES SERVICES PROVIDED BY RUSSELL NETWORK SOLUTIONS LIMITED
1.1 This agreement concerns the provision by Russell Network Solutions Limited to you the customer (you) of one or more of Russell Network Solutions Limited telecom services. Russell Network Solutions Limited will provide you with the service(s) as specified on the Application form subject to the provisions of this agreement. Russell Network Solutions Limited may vary how these services are provided if Russell Network Solutions Limited 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 is Calls, Line Rental, Broadband or Inbound 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 service available from BT Plc and such incompatible services are excluded from Russell Network Solutions Limited services.
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 and if that occurs the service may need to be temporarily withdrawn in which case you will receive a pro rata rebate of the relevant charges paid by you in advance of the withdrawal.
1.4 If you want the connection point for the service (i.e. the terminal block, socket for a removable plug, distribution box or other device which connects your equipment to an exchange line) to be moved to another place within your site, Russell Network Solutions Limited may agree to this subject to your paying Russell Network Solutions Limited applicable charge. At Russell Network Solutions Limited request you will arrange for your equipment to be reprogrammed by your maintainer in accordance with instructions given by Russell Network Solutions Limited but Russell Network Solutions Limited will not bear any responsibility for such reprogramming.
Any service other than Calls, Line Rental, Broadband and Inbound Solutions will be provided on the basis of a 36 month initial period from the date you sign the Application Form with the same provisions for automatic renewal unless terminated by proper notice as are applicable to the Broadband service.
Russell Network Solutions Limited charges you for using the services covered by this agreement. Initially you are charged at the rates specified on the application form or published in our price lists. Please note:
3.1 Charges are calculated from data recorded by us and not from your own records.
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. Russell Network Solutions Limited may lower its prices and will endeavour to inform you at least 14 days in advance of any such changed. If the prices for any products which Russell Network Solutions Limited acquires from its suppliers and which form part of the Services provided under the Supply Agreement are increased for any reason for example (but without limitation pursuant to a direction or decision of Ofcom), Russell Network Solutions Limited reserves the right to increase its Charges for the Services accordingly.
3.4 All Russell Network Solutions Limited charges (whether referred to in the Application Form, this Agreement or elsewhere) are subject to VAT at the prevailing rate
3.5 Russell Network Solutions Limited will charge £110.00 to reinstate lines that have been ceased due to non-payment
4. Payment Terms
4.1 If any payment is not made in cleared funds by the due date then in addition to other rights and remedies Russell Network Solutions Limited reserves the right to require that all future payments are made by monthly variable direct debits and if you refuse to set up a direct debit arrangement in these circumstances Russell Network Solutions Limited can terminate the Agreement.
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 and if you fail to pay any sum due, we shall be entitled to charge interest on the amount due at the rate of four percent (4%) above the Bank of England official bank rate paid on commercial bank reserves prevailing from time to time calculated from the due date until collection.
4.4 Cancellation of the direct debit does not constitute notice of cancellation on termination of the contract.
4.5 You are protected at all times by the direct debit guarantee as detailed on Russell Network Solutions Limited website www.russell- telecom.co.uk
4.6 Russell Network Solutions Limited reserves the right to charge a £5.00 administration fee for payments tendered by means other than direct debit. Russell Network Solutions Limited reserves the right to increase this amount without notice
4.7 Russell Network Solutions Limited reserves the right to perform a credit check with no prior notice on you, and to pass your credit history with Russell Network Solutions on to the credit agencies and/or the Court.
4.8 Russell Network Solutions Limited 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 County Court Judgment or if unusual usage and call charges are incurred. Should this request not be met within 30 days of notification by Russell Network Solutions Limited, Russell Network Solutions Limited reserves the right to terminate the contract and to demand full and immediate payment of any outstanding balance.
4.9 Russell Network Solutions Limited 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 such credit limit, Russell Network Solutions Limited may demand immediate payment of the charges and/or suspend the service; and you will still be responsible for all charges incurred including those exceeding the credit limit.
4.10 Russell Network Solutions Limited will charge a £199 disconnection fee should your agreement with Russell Network Solutions Limited be terminated due to your non-payment.
5.1 All call types where prices are not listed on the Application Form will be charged at Russell Network Solutions Limited 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) and 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 Application Form, will be charged at Russell Network Solutions Limited standard tariff prices, details of which are available on request.
6. Your Responsibilities – You agree:
6.1 To use the services in accordance with this agreement, any instructions given by Russell Network Solutions Limited 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 Russell Network Solutions Limited service either through the installation of equipment or through the BTTM local exchange.
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 provider and irrevocably authorise and request Russell Network Solutions Limited to cancel on your behalf any such existing contract and to provide Russell Network Solutions Limited with such information as Russell Network Solutions Limited reasonably requires and to allow access to the site at which the service is to be provided for Russell Network Solutions Limited, BT or any other telecommunications supplier to Russell Network Solutions Limited and you acknowledge that Russell Network Solutions Limited cannot process the provision of the services until such information is provided and such access is allowed.
6.7 You will be responsible for providing the site conditions Russell Network Solutions Limited advises you will be required for provision of the service including electricity supply connection points and computer terminals. Russell Network Solutions Limited will not be responsible for reinstating the site after the installation work has been carried out, other than where damage has been caused by Russell Network Solutions Limited or by those for whom Russell Network Solutions Limited 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 Russell Network Solutions Limited 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 provider disclosing to Russell Network Solutions Limited any information relating to the transfer or removal of BT’s (or other relevant service providers’) products and services that exist on the line as at the time of its transfer to Russell Network Solutions Limited
7. Suspension of Service
Russell Network Solutions Limited 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 essential services or otherwise.
7.4 To maintain the quality of Russell Network Solutions Limited services.
7.5 If Russell Network Solutions Limited reasonably believe that you will fail to pay any amount due to Russell Network Solutions Limited (whether or not we have issued you with an invoice)
7.6 If an event occurs which is beyond Russell Network Solutions Limited reasonable control
7.7 If you break any part of this agreement
7.8 If Russell Network Solutions Limited has good reason to suspect fraudulent activity or misuse of Russell Network Solutions Limited services or any other breach by you of this agreement.
The agreement may be ended immediately by you on written notice to Russell Network Solutions Limited if Russell Network Solutions Limited breaks a term of this agreement, which after written notice has not been rectified within 14 days. Either you or Russell Network Solutions Limited may end this agreement without notice if the other stops trading or becomes insolvent or is wound up. Russell Network Solutions Limited 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 Russell Network Solutions Limited 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 Russell Network Solutions Limited will not have to compensate you for any harm to your business, lost revenues, loss of anticipated savings, lost profits or other indirect consequential or special losses nor for any charges incurred by you with another call carrier.
9.4 Without prejudice to this Russell Network Solutions Limited liability to you in contract or tort arising under or in connection with this agreement shall be limited to a refund of Russell Network Solutions Limited line rental charges for the period during which you were unable to use the services and in no event shall Russell Network Solutions Limited liability to you for any event or series of connected events exceed £500 for each year commencing on the date our agreement with you comes into effect.
9.5 The service cannot be guaranteed to be fault free but Russell Network solutions Limited will provide you with a similar standard of service as it provides to its customers generally.
9.6 Russell Network Solutions Limited does not seek to limit Russell Network Solutions Limited liability for death or personal injury resulting from Russell Network Solutions Limited negligence.
9.7 Russell Network Solutions Limited accepts no liability for claims relating to your ability to use or continue to use a particular telephone number.
9.8 Russell Network Solutions Limited 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 Russell Network Solutions Limited.
10. Wholesale Line Rental (WLR)
On the WLR Service, Russell Network Solutions Limited will bill you for line rental of your BTTM line and BT OpenreachTM 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, Russell Network Solutions Limited will need to be notified by BTTM of any products or services presently in use on your line that are incompatible with the WLR service. BTTM 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 BTTM to disclose such information to Russell Network Solutions Limited. You also give Russell Network Solutions Limited authority to act as your agent to arrange connection onto Russell Network Solutions Limited services. If Russell Network Solutions Limited is unable to take over the billing of your line rental, for whatever reason, you hereby authorise Russell Network Solutions Limited to carry your phone calls only through carrier pre-selection.
11. Carrier Pre-Selection (CPS)
CPS is the routing of your phone calls through a carrier other than BTTM. Your phone line(s) are still maintained by BTTM engineers but the calls are carried on another network. Russell Network Solutions Limited 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 Russell Network Solutions Limited to give all notices, nominations and other authorisations necessary for Russell Network Solutions Limited to provide the CPS service.
12. Repairs to Service
12.1 BT OpenreachTM 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 Customer Service and Fault Notification is 0191-4614200.
12.2 In relation to the Line Rental Service, if BT OpenreachTM charges Russell Network Solutions Limited 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, Russell Telecom Limited 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 Russell Network Solutions Limited customer services department, where it will be dealt with in accordance with Russell Network Solutions Limited fault repair service. Russell Network Solutions Limited may ask that you have your equipment checked by your own maintainer. If Russell Network Solutions Limited agrees to fix a fault that is not Russell Network Solutions Limited responsibility, or if no fault is found, Russell Network Solutions Limited may charge you for work carried out by Russell Network Solutions Limited at its applicable engineer’s rates.
13.1 You may not transfer this agreement or any rights under it without Russell Network Solutions Limited prior written consent.
13.2 Russell Network Solutions Limited 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 Russell Network Solutions Limited, to the exclusion of any terms subject to which you may accept, or purport to accept, the service.
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 Russell Network Solutions Limited).
13.6 If there is any inconsistency between this agreement and the Application form, the Application form shall take precedence.
13.7 Any failure by either Russell Network Solutions Limited 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. The address for service of Russell Network Solutions Limited (subject to any change notified by Russell Network Solutions Limited to you) is the address stated on your signed Application Form. Your address for service is the address set out on the most recent invoice or such address as has been subsequently notified to Russell Network Solutions Limited in accordance with this clause.
14.2 A notice will be treated as served as follows:-
i) 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
ii) 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)
iii) 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 and a line is the apparatus forming part of the network used by Russell Network Solutions Limited to connect you to a telephone exchange.
15.2 Unless discounted or waived installation charges apply, the agreement for Calls is for a minimum of 36 months or, if it is longer, the period specified on your signed Application Form. The period starts 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 after that unless either Russell Network Solutions Limited or you gives the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.
15.3 If Russell Network Solutions Limited discounts or agrees to waiver any line installation charges then the agreement for calls will be for a minimum of 60 months rather than 36 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 after that unless either Russell Network Solutions Limited or you gives the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.
15.4 Calls are charged at the rates set out in the Application Form but where prices are not listed on the Application Form calls will be charged at Russell Network Solutions Limited 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:
(i) £99.00, and
(ii) 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 Terms and Conditions.
16. Line Rental
16.1 “Line Rental” means the provision of apparatus forming part of the network used by Russell Network Solutions Limited to connect you to a telephone exchange.
16.2 Unless discounted or waived installation charges apply, the agreement for Line Rental is for a minimum of 36 months or, if it is longer, the period specified on your signed Application Form. The period starts 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 after that unless either Russell Network Solutions Limited or you gives the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.
16.3 If Russell Network Solutions Limited discounts or waives any line installation charges then the agreement for Line Rental will be for a minimum of 60 months rather than 36 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 after that unless either Russell Network Solutions Limited or you gives the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.
16.4 The fee for the Line Rental service is the monthly rental set out in your signed Application Form but where prices are not listed on the Application Form line rental will be charged at Russell Network Solutions Limited 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 more. This is in addition to any other charge imposed by virtue of these Terms and Conditions.
16.6 In addition, if you terminate this agreement prior to the end of the period specified on the 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 Russell Network Solutions Limited breach or insolvency or winding up), you will reimburse Russell Network Solutions Limited for any costs incurred in releasing you from your contractual obligations with BTTM prior to transferring you to the Russell Network Solutions Limited service (if applicable).
16.7 Where the service involves the installation of a new line, Russell Network Solutions Limited will allocate a telephone number to that line and, unless you do not require it, will arrange for one free standard entry to be made in a telephone directory published by BT or any other operator (as appropriate).
16.8 If Russell Network Solutions Limited has an appropriate agreement with your existing service provider, Russell Network Solutions Limited can provide, at your request, a telephone line using your existing number as long as
i) there are no technical reasons preventing the use of that number
ii) the existing service provider agrees to release the number
iii) you authorise Russell Network Solutions Limited to cancel on your behalf the service on the existing line using that telephone number
iv) you provide Russell Network Solutions Limited with sufficient information including (but not limited to) the account name, account number, service address and billing address
v) you pay Russell Network Solutions Limited charges for number portability, and number portability is available at the site
17.1 “Broadband” means all broadband services, including ADSL and SDSL.
17.2 The agreement for Broadband is for a minimum of 24 months or, if it is longer, the period specified on your signed Application Form. The period starts 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 after that unless either Russell Network Solutions Limited or you gives the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The 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 Application Form.
17.4 If you cancel the Broadband 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 more. This is in addition to any other charge imposed by virtue of these Terms and Conditions.
18. Inbound Solutions
18.1 “Inbound 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 36 months or, if it is longer, the period specified on your signed Application Form. The period starts 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 after that unless either Russell Network Solutions Limited or you give the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.
18.3 The fee for the Inbound Solutions service is the monthly service fee set out in your signed Application Form.
18.4 If you cancel the Inbound Solutions 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 more. This is in addition to any other charge imposed by virtue of these 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 Russell Network Solutions Limited apply, such cancellation charges are cumulative.
STANDARD TERMS & CONDITIONS RELATING TO RUSSELL TELECOM’S SERVICE AGREEMENT
1.0. The Customer agrees:
1.1 Promptly to pay the service charges in all circumstances. If at any time they are in arrears in whole or in part then the company shall be entitled to suspend all services hereunder until payment is made. Terms of payment are noted on each invoice.
1.2 If the equipment is to be connected to apparatus of BT or of other network providers to comply with all such providers requirements and at the customer’s expense to arrange the provision of any additional equipment specially required for the customer’s purpose.
1.3 To orally notify the company immediately of any fault in the equipment or of any repair which may be necessary, and to provide the company at all reasonable times with access to the equipment and allow it to carry out service of the equipment under the terms of this contract.
1.4 Not to maintain, service, repair, adjust or tamper with the equipment or wiring nor to allow any other person to do any such thing without the company’s prior consent. In the event of requiring any alteration to the equipment or wiring to give the company 14-days written notice naming the person it wishes to carry out the work, and to comply with section 7.1 below. Should any such alteration be affected by an agent not appointed by the company, to allow the company the right of inspection of that work which should be carried out in accordance with any code of practice and standards. Should the work be found to be unsatisfactory to remedy the defects within 30-days of inspection or pay the company’s charges for effecting the remedy. Any breach of this condition may result in this contract being terminated by the company, if the company so desires.
1.5 To pay the company’s charges for reprogramming and/or services required as a result of instructions, acts or omissions effected by the customer or his agent – including those demanded by any relevant statutory or commercial authority.
1.6 That if applicable, labour charges will include a callout fee and an hourly rate for time. Labour charges apply to works undertaken either remotely or on site and are rounded up to half-hour increments.
1.7 To reasonably cooperate with the company to resolve faults without physically attending the site. This may include but is not limited to remote diagnostics, liaising with the company over the telephone, dispatching (at own expense) and receiving equipment by post/courier and fitting simply equipment.
1.8 To pay any service charges levied when no faults were found with the equipment after investigation, despite a fault being reported.
1.9 To pay any service charges levied where a site visit has been undertaken but the customer has been unable to provide access to the equipment or provide a person with knowledge of the reported fault resulting in any company servant, agent or sub- contractor leaving site without works being undertaken.
1.10 To sign an Attendance Report when work had been undertaken denoting that the customer had tested equipment to his satisfaction – unless otherwise indicated on the Attendance Report when signed on the day of completion. If an Attendance Report is not available to be signed then the customer will inform the company in writing if works had not been completed to his satisfaction. To be received within 2-4 days of completion.
1.11 For the avoidance of doubt, agrees to pay all labour charges in respect of fitting all parts whether replacement, faulty or otherwise, when this agreement relates to replacements parts only.
1.12 Not to assign the benefit of this contract without previous written consent from the company.
2.0. The Company agrees (subject to clause 6)
2.1 To be available to repair the equipment located at the installation address in the schedule (or at such other address as may be agreed in writing by the company either remotely or otherwise and in accordance with the terms and conditions of this contract) in efficient working order and during the continuance of the contract to execute by its servants, agents or contractorswithout charge for replacement parts only to the equipment necessitated by fair wear and tear and/or, where provided by the company or its servants or agents faulty materials, provided the customer shall have duly notified the company of such fault or necessary repair in accordance with clause 1.3 hereof. Such service is to be provided according to the levels of service specified overleaf. Provided however that the company or subsidiary thereof (without prejudice to the terms and conditions of this contract or the customer’s liability for payment of service charges) shall not be obliged to provide service if any such charges or subsidiary account is overdue.
2.2 At the expense of the customer to provide service where failure of the equipment is due to misoperation or failure of network provider’s equipment and/or host systems and/or electricity supply service and/or electricity surge or fluctuation due to storms or adverse weather conditions or if any person not authorized by the company to do so shall have tampered with the equipment.
2.3 At the request and expense of the customer
2.3.1. To carry out any alterations to the equipment or extension wiring.
2.3.2. Upon receipt of 14-days notice as in section 1.4 above to allow the customer’sappointed agents to carry out alterations to the equipment or wiring. Such alterations to be in accordance with any current code of practice or industry standards. The company reserves the right of inspection of such work and to charge for such inspection. If found to be unsatisfactory shall require the customer to remedy the defect within 30-days of the inspection.
2.4 At the request and expense of the customer to move the equipment to alternative premises where in the opinion of the company suitable service and reception facilities exist provided the equipment does not thereby pass out of possession or control of the customer.
2.5 To warrant any parts or replacement parts relating to equipment detailed in the schedule for 3 months from installation.
2.6 To warrant any labour only work and not involving parts for a period of 4-weeks from when work commenced.
2.7 Warranty period shall commence from the date of the first day of repairing a reported fault.
3.0. Service Levels
3.1.A Monday to Friday : 9am to 5pm. Excluding Public Holidays. (Standard) 3.2.B 4-hour response. Monday to Friday 9am to 5pm Excluding Public Holidays. (Premier Plus)
3.3.C Seven day service : 9am to 5pm. Excluding Public Holidays. (Premier)
4.0. Duration of this Contract:
The initial term of this contract shall be a fixed Initial Period of 5-years and thereafter, from year to year on completion of the initial period. Either party may terminate by giving 42-days written notice of termination by registered post to expire at the end of the initial period or at the end of any following year of the contract but not otherwise. Provided that if the customer has committed any breach of this contract and has not remedied such breach with 14-days after notice to that effect from the company this contract may be terminated forthwith by notice from the company to the customer at the latter’s last known address. If the customer purports to terminate the contract during the initial term the charge shall nevertheless continue to be payable as if the contract had continued up until the end of the initial term.
5.0. Variation of Maintenance Charge:
5.1. The company may vary the service charge payable hereunder provided that no such variation shall take effect during the initial period nor within a year of a previous increase. The increase in the maintenance charge shall not be greater than the rate of inflation as determined by the Average Earnings Index.
5.2. Any additional equipment supplied but not shown on the schedule overleaf will attract service charges at the company’s prevailing rates from the date of its supply and is subject to the terms of this agreement.
5.0. Prohibition of Oral Variation:
The terms and conditions in this contract are the sole terms and conditions of the contract between the company and the customer. No variation or modification of these terms or conditions (including specifically but without prejudice to the generality of the foregoing a variation of the fixed initial period) and no agreement made or purported to be made between the company and the customer inconsistent with these terms and conditions shall be valid or of any effect unless made in writing and signed by a Director or the appointed officer of the company. No representation relating to or in any way connected with the equipment shall be deemed to be made on behalf of the company nor shall and such representation bind the company or the appointed officer of the company.
6.1. The company shall not be liable for any delay in the execution of any work of installation, repair, replacement, alteration or removal of or to the equipment howsoever caused.
6.2. The company shall not be liable for making good defects in the electricity supply, or other networks provider’s services and connections and/or host systems. Service calls for these purposes will be charged to the customers at the company’s standard rates.
6.3. The company shall not be liable for repair of damage resulting from accident, transportation, neglect or misuse, failures of electrical power, surge of electrical power, electrical storms or causes other than ordinary use. Service calls for these purposes will be charged at the company’s standard rates.
6.4. The company shall in no circumstances be liable for any failure or defective working of the equipment due to any fault or change in the electricity supply service and/or other network providers’ equipment and/or host systems.
6.5. In no circumstances shall the company be liable for any loss of profit, information, business or production or any other liability, loss or damage whether direct, indirect or consequential howsoever caused.
6.6. The company shall not be liable for making good defects to the customers telephone stations or other peripheral apparatus unless specified overleaf. Service calls for these purposes will be charged to the customer at the company’s standard rates.
6.7. The company shall not be liable under section 2.1 for costs of making good defects in cabling unless specified overleaf. In any event overhead and underground cabling will not be covered for this purpose will be charged to the customer at the company’s standard rate.
6.8. The company does not provide for the undertaking of any legislation that may require a service call for reasons other than a reported fault in accordance with clause 1.3 hereof.
6.9. The company shall not be liable under section 2.1 wherein its reasonable opinion parts or equipment have reached the end of their serviceable life, being no longer capable of economic repair and require replacement.
6.10. The company shall not be liable for the repair or replacement of any items deemed consumables by the company or manufacturer. The company shall not be liable for any loss or damage incurred by the customer or any third party (including without limitation any loss of the equipment or loss or spoiling of the customer’s programmes or data) resulting from any breakdown or fault in the equipment unless such breakdown or fault is caused by the willful misconduct of the company.
6.11. The company shall not undertake to conduct works in respect of wiring and cable not supplied by the company.
6.12. The company is not responsible or have any liability for any faults or adverse effects caused by equipment, software or media not supplied by the company. The customer is expected to have appropriate security in place to protect information and communication systems from any threat from whatever source.
6.13. The company shall have no obligation or liability to the customer where the functionality of the supplied equipment and/or software is dependant (partially or wholly) on the performance of equipment (including software) not provided by the company under this contract.
6.14. Software upgrades are not included in this contract and thus upgrades are payable by the customer.
6.15. The company does not include cordless handsets within this contract for service. 6.16. The company does not include toll, access or similar transport taxes in this agreement.
The company reserves the right to invoice an annual surcharge in respect of these costs.
7.1. The company’s rights hereunder shall not be affected by granting any time or indulgence to the customer.
7.2. The company may perform any of its obligations or exercise any of its rights under these conditions by itself or through any other company and subcontract any of its obligations.
7.3. All charges under this contract are subject to value added tax. This contract is not a VAT invoice. VAT invoices will be sent to the customer for all payments under this contract.
7.4. This contract is made between Russell Telecom or any wholly owned subsidiary company who’s head offices are Keel Row, The Watermark, Metro Riverside, Gateshead, NE11 9SZ (”the company”) and “the customer” named overleaf to the terms and conditions set out above and overleaf.