Below you can find all the exciting terms and conditions, and policies and procedures governing how we operate, and the services we provide to our clients.
Terms and Conditions concerning your use of this website.
Our policy governing how we handle your data, and our use of cookies.
Introduction
These terms govern all our dealings with you as a customer. It is important that you know and understand these terms. Computercentric pride ourselves on transparency, and we know you don’t want to have to read through reams of statements and clauses, so here are the main points of this document:
• The price agreed on our order documents is final, unless you decide to change what is being supplied / developed.
• The manufacturer, not Computercentric is responsible for any product warranty. Computercentric may offer to assist and advise in the event of a warranty claim.
• Invoices must be paid according to the terms stated on the invoice otherwise we can collect unpaid goods and withdraw services.
• Computercentric are not liable for any loss or damage you may suffer.
• Ownership of goods does not pass to the customer until paid for in full.
• Liability for goods passes to the customer on receipt.
• Although we may advise solutions, it is your responsibility to ensure these solutions are fit for purpose and used legally within your organisation.
• These are “general” terms and conditions of business. Other terms and conditions specific to the product or service concerned will apply, and are listed below.
• We won’t sell your data to anyone, but we might send you information which may be useful to you. If you no longer want to receive this information, just tell us.
If you do like reams of statements and clauses, please continue!
1. Definitions
Customer – The organisation who agrees to purchase goods or services from Computercentric Ltd.
Computercentric – Computercentric Ltd, registered at 200 Rookery Lane, Aldridge, Walsall WS9 8NP.
Sales Order / Quotation – Document stating the goods / services to be supplied.
Invoice – Document requesting payment for goods / services.
2. General Conditions
2.1 These conditions shall form the basis of the agreement between Computercentric and the customer in relation to the sale of goods and services, and the provision of support. Further terms and conditions of use may apply in addition to these, in relation to particular services such as web hosting and connectivity services.
2.2 All sales orders and quotations shall be deemed to be an offer by the customer to purchase goods and services pursuant to these conditions.
2.3 Acceptance of a sales order or quotation shall be deemed to include acceptance of these conditions.
2.4 These conditions supersede any other conditions previously agreed.
2.5 These conditions are subject to change, which will be notified in writing to the customer.
2.6 Other services such as telephony and connectivity services will have their own specific terms and conditions which can be supplied on ordering, or on request and are also available here:
- Ethernet connectivity services agreement: https://computercentric.co.uk/legal-stuff/internet-connectivity-service-level-agreement
- Broadband (ADSL, ADSL2, FTTC, FTTP and SOGEA) services agreement: https://computercentric.co.uk/legal-stuff/broadband-connectivity-service-agreement
- VirtEx telephony services agreement: https://computercentric.co.uk/legal-stuff/terms-virtex
- Callswitch telephony services agreement: https://computercentric.co.uk/legal-stuff/terms-voip-callswitch
2.7 Acceptance of a quotation to provide goods or services is indicated by the Customer confirming the same verbally, over email or other medium, or by electronic or wet signature.
3. Price and charging for support and installation work
3.1 The price stated on an agreed sales order or quotation is subject to VAT at the rate in force at the time of the invoice date.
3.2 Pricing for any and all services is subject to change. In the event of a price change we will endeavour to give notice at least 30 days in advance of any price changes taking effect.
3.3 Acceptance of these terms indicates acceptance of our standard rates which can be provided on request.
3.4 Chargeable off-site and on-site time will be charged at our standard rates based on the number of hours or part-hours.
3.5 If the customer requires Computercentric to obtain a Purchase Order or approval from appointed staff prior to commencing work this must be indicated to Computercentric.
3.6 For ad-hoc, non-quoted work, Computercentric will provide a job visit report on completion of a chargeable site visit. This will detail the time of attendance and the work completed. Once approved by the customer this will form the basis of the job invoice and will not be questioned by the customer.
3.7 Computercentric reserve the right to charge for travelling time for customers with a regular support agreement. This will only apply to exceptionally long or occasional journeys which the customer requires Computercentric to make. In this event, notification will be made to the customer beforehand of the expected travelling expenses.
3.8 We reserve the right to charge a reasonable cancellation fee in the event of cancellation of an order on which work has already commenced.
4. Payment & Returns
4.1 Payment of invoices is strictly on agreed terms. These terms of payment will be stated on each invoice.
4.2 Computercentric will exercise its statutory right to claim interest, compensation and reasonable debt recovery costs under the late payment legislation, typically at a rate equivalent to the prevailing Bank of England Base Rate plus 8%. Computercentric will charge a per-incident fee of £9 in the event of a returned Direct Debit to cover administration and penalties fees from our Direct Debit provider.
4.3 Any invoice disputes must be advised by email or by post within 14 days of the invoice date in order that we can resolve any disputes fairly and quickly.
4.4 Computercentric reserve the right to alter credit terms without agreement or prior notice.
4.5 Computercentric reserves the right to terminate services in the event of non-payment of any invoices, and accepts no liability for loss or damage which may occur as a result of the withdrawal of such services.
4.6 With effect from February 2017, all recurring service invoices must be settled by means of a Direct Debit mandate. In rare circumstances where this may not be possible, for example, the absence of a suitable business bank account, other payment methods are acceptable, with the inclusion of a 5% non-Direct Debit administration fee.
4.7 The decision to re-stock hardware that has been ordered is entirely at the discretion of Computercentric. Computercentric reserve the right to charge a restocking fee should you wish to return goods that you no longer require. Restocking fees vary between 10% and 60%, dependent on the supplier. We may offer to accept an item back into our own stock at 0%, at our discretion, in the case of items that we can easily resell.
4.8 With respect to ad-hoc work, ie. items and services not on a recurring monthly, quarterly or annual schedule, invoices will be raised when Computercentric determine the work has been completed.
4.9 The customer may request a Statement of Work (SOW) in respect of any ad-hoc work. This may incur additional costs, depending on the scope of the project.
4.10 In the case of a faulty item, Computercentric will work with the supplier to obtain a fix or replacement on your behalf. If a supplier agrees a fix is not possible, and is happy to authorise a full refund, we will refund your purchase price and help you obtain a suitable replacement.
5. Warranties
5.1 Computercentric do not provide any hardware or software warranties, however we may act on behalf of the customer to obtain fixes or repairs under the terms of a manufacturer’s warranty.
5.2 In the presence of a suitable support agreement, Computercentric may decide to act to the contrary, however it is accepted that it is the responsibility of the customer to liaise with the manufacturer in the event of any warranty claim.
5.3 In the event of a hardware failure outside of the manufacturer’s warranty period, Computercentric may offer to liaise with a manufacturer on behalf of the customer to obtain a quotation for repair, however any associated costs, and the decision to proceed with such a repair are the responsibility of the customer.
6. Liability
6.1 Computercentric shall under no circumstances be liable for any loss, damage, expense or injury of any kind in excess of the order value, be it direct, consequential or otherwise arising in connection with the act of supplying, installing or maintaining equipment or services.
6.2 If Computercentric offer Live Support as a means of resolving a problem, providing advice or demonstrating software, and your representatives accept this invitation, you accept that whilst all reasonable measures have been taken to ensure this system is problem free, Computercentric shall not be liable to the customer for any loss, damage or disruption experienced by the customer as a result of using our Live Support system.
6.3 Computercentric gives no assurance as to the suitability or compatibility of any hardware or software.
6.4 Except where the customer is dealing as a consumer (as defined in the Consumer Rights Act 2015, c15, s2(3)) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of goods, whether implied by Statute, Common Law or otherwise are excluded.
6.5 Whilst Computercentric may monitor and advise on the performance of any backup solutions, it is the responsibility of the customer to ensure that all data that is required to be backed up is included in any backup routine, and that the backup routine is functional and recoverable.
7. Delivery
7.1 Computercentric does not guarantee the date of delivery or supply of its products or services. Reasonable efforts will be made to adhere to agreed dates, however Computercentric cannot take responsibility for the actions of its suppliers and couriers.
7.2 Unless otherwise agreed in writing, Computercentric shall not be liable for any loss or damage to the customer’s equipment in the event that it is removed to our premises for work.
7.3 Carriage will be due on all sales which are delivered to the customer’s premises at the rate stated on the sales order / quotation.
8.Title and risk
8.1 Title to all goods does not pass to the customer until said goods are paid for in full.
8.2 Liability for the safekeeping of goods shall pass to the customer on receipt of goods. The customer must ensure they have sufficient insurance in place to protect the goods.
8.3 Computercentric may at any time before title passes, and without liability to the client repossess, dismantle and re-use any equipment or software. In this event, the customer agrees to facilitate inspection and collection of goods by Computercentric.
8.4 Where Computercentric are providing a bespoke solution, title to the solution is transferred to the customer upon receipt of full payment. Computercentric reserve the right to charge a reasonable fee to cover the costs of transferring source code and raw data to the client, should this be required.
9. Security
9.1 It is the responsibility of the customer to ensure data is safe and has been backed up satisfactorily prior to Computercentric undertaking any work.
9.2 Computercentric may recommend, install and monitor methods of data backup, however Computercentric shall not be responsible for the failure of such systems and any costs incurred as a result.
10. Transfer of Services / Change of Billing Details
10.1 Computercentric will amend billing details for the provision of services only if the account is in good standing and no invoices remain unpaid outside of our payment terms.
10.2 If the new details relate to a new business entity, this is treated as a transfer of service. All existing and applicable contracts with the losing party must be re-negotiated and agreed with the receiving party.
10.3 If the new details relate to a new business entity, and in the absence of authorisation from the losing party, the receiving party must be able to provide evidence that title to any data, licences or hardware and software is maintained.
11. Licensing
11.1 Computercentric may recommend and assist with the correct licensing of software, however it is the responsibility of the customer to ensure that any software in use is licensed accordingly, and is used in compliance with the license.
11.2 In the event that Computercentric is required to manage or monitor third party services, the customer understands that those service providers may require that a licence be provided or consumed for our administration account.
12. Privacy
12.1 Although Computercentric may provide advice, It is the customer’s responsibility to ensure that all applicable civil liability legislation and personal privacy safeguards are complied with when using software supplied by Computercentric, both those enshrined in UK and EU law, and those included in any telecoms service contracts entered into by the client.
12.2 Computercentric will not disclose, publish or pass on in any way, sensitive information which we may acquire in the course of our work with the customer.
12.3 Computercentric may use the customer’s own details for the purposes of information updates, communication and in-house marketing, however we will never pass these details on to a third party.
12.4 Any data subject access requests can be submitted to dataprivacy@computercentric.co.uk. Or addressed to the Managing Director at our registered office address, 200 Rookery Lane, Walsall WS9 8NP.
12.5 Computercentric may record telephone calls made to or from any of our staff or representatives for the purposes of compliance, establishment of facts, monitoring our own performance and standards and to confirm effective operation of our communication systems. Processes governing the access to, and retention of such recordings is detailed in our Privacy Policy.
12.6 Computercentric use a CCTV system for the principle purposes of preventing and detecting crime and safeguarding staff and visitors to our offices. It is understood that any staff, contractors or representatives of our customers and suppliers attending our premises may be recorded by this system. A CCTV Policy is in effect, and a copy of this is available on request by speaking to any of our colleagues or by email to dataprivacy@computercentric.co.uk.
13. Indemnity
13.1 The client will indemnify Computercentric, its staff, contractors and representatives for any loss or damage suffered or incurred on its premises as a result of the customer’s failure to adhere to recognised guidelines and laws.
14. Force Majeure
14.1 Computercentric shall not be liable to the client for any loss or damage which may be suffered by the client as a result of the delivery of goods, materials or the execution of an order being delayed, prevented, hindered or made uneconomical by reason or circumstances or events beyond our control including, but not limited to:
(i) acts of God, riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense;
(ii) failure by the customer to give adequate instructions or supply the necessary information in due time;
(iii) failure by any third party to carry out their part of the work or otherwise perform their obligations when required;
15. Waiver
15.1 Any waiver by Computercentric of any of these conditions shall be valid only if given in writing.
16. Severance
16.1 Computercentric and the customer believe that these conditions are reasonable. If any provision shall be held to be contrary to applicable law, such provision shall be severed from the remainder and the remainder shall continue in full force and effect.
16.2 In the event of a client entering into administration or liquidation proceedings, or any change of circumstances which may result in non-payment, Computercentric reserves the right to cease supply of services with immediate effect to avoid our exposure to increasing losses resulting from our continued supply of services. In such an event, the remaining balance due on any contracted services will become due.
16.3 Computercentric reserves the right to alter terms of supply and credit at any time.
16.4 Computercentric reserves the right to terminate the provision of any or all services at any time by giving 30 days’ written notice to the Customer. We will not do this without good and substantive reason, such as:
- Threat or risk of violence, injury or other damage to the physical, mental or moral well-being of our staff or contractors.
- A breakdown of trust or confidence in our relationship, as would be required for us to continue to maintain our high standard of service.
- The Customer requesting us to break the law or compromise any of our professional standards.
16.5 With respect to rolling monthly support agreements – the customer may cancel such agreements giving a minimum 30 days’ notice in advance of the next renewal date, usually the 10th of the month. The normal monthly service fees for the final months will become payable at the end of the notice period, and must be settled in full by this date, otherwise the agreement will be deemed to continue.
16.6 For annual support agreements – the customer may cancel the agreement giving a minimum 90 days’ notice in advance of the renewal date. Monthly service fees will continue to be invoiced as normal up to the end of the agreement term, however any payments outstanding at the end of the agreement term must be cleared in full, otherwise the agreement will be deemed to be renewed. Once notice is served, Computercentric reserves the right to request full settlement of any remaining service fees in advance of the renewal date.
16.7 Requests for cancellation of services must be delivered by email to support@computercentric.co.uk. Computercentric will produce a cancellation request form for approval by a director or other approved member of staff, the cancellation process will not be deemed to have started until this request form is approved.
16.8 With respect to broadband connectivity services and in the absence of an agreement or sales order to the contrary, services will be deemed to have a minimum recurring term of 12 months from the original date of supply. The customer may cancel the service giving a minimum 30 days’ notice in advance of the renewal date. Monthly service fees will continue to be invoiced as normal up to the end of the next renewal date, however any payments outstanding at the end of the agreement term must be cleared in full, otherwise the services will be deemed to be renewed. Once notice is served, Computercentric reserves the right to request full settlement of any remaining service fees in advance of the renewal date.
16.9 With respect to all services other than support and broadband connectivity, and in the absence of a contract or sales order specific to the service in question, services will be considered to be on a rolling monthly term, and may be cancelled or transferred by giving a minimum 30 days’ notice in advance of the next monthly invoice date (usually the 10th). The normal monthly service fees for the final months will become payable at the end of the notice period, and must be settled in full by this date, otherwise the supply of the service will continue into the following month.
16.10 Computercentric reserves the right to charge a cancellation fee with respect to any and all non-support services in the event of cancellation or transfer of services. This will generally be determined by the vendor or partner concerned. For a full list of current cancellation fees please contact us.
17. Notices and amendments
17.1 Any notice hereunder shall be deemed to have been duly given if sent pre-paid first class post, fax or e-mail to the party concerned at the address specified.
18. Law
18.1 All contracts to which these conditions apply shall be governed and construed in accordance within the laws of England and Wales, and the parties hereby submit to the jurisdiction of the courts of England and Wales.
Our Broadband Connectivity Service Agreement provides details regarding our broadband services portfolio, and what level of service and applicable compensations you can expect as a user of these services.
Broadband includes ADSL, ADSL2 and 2+, FTTC (fibre to the cabinet), FTTP (fibre to the premises).
Our Ethernet Connectivity Service Agreement provides details regarding our Ethernet Services portfolio, and what level of service and applicable compensations you can expect as a user of these services.
Introduction
This Agreement sets out the terms of which Computercentric agrees to provide its VoIP Services (“Service”) to you. This Agreement commences on the date that Computercentric first accepts your order. The acceptance is declared by Computercentric by making VoIP Services available to the customer. The customer is bound to their order for 30 calendar days.
This Agreement comprises these Terms and Conditions, our respective Service Description, our Privacy Policy which is available at computercentric.co.uk/privacy-policy and our tariff list which is available on request. Orders for the Service are accepted at our sole discretion.
The expressions, “Computercentric”, “we”, “us” and “our” refer to Computercentric Ltd whose registered office is located at 200 Rookery Lane, Walsall WS9 8NP. The expressions “you” and “your” refer to the customer.
1. Use of the Service, Suspension and Termination
1.1. By accepting these terms, you are agreeing NOT to allow through your actions, or those of others, the use of Services from Computercentric for unlawful or illegal purposes; including but not limited to making offensive, indecent or prank/hoax calls, place bulk unsolicited commercial calls or use automatic diallers allowing others to do so, using the Services fraudulently or to commit or further a criminal offence.
1.2. You are agreeing NOT to cause damage to this or any other communication or data system, and you fully indemnify Computercentric against any liabilities (including such things as legal expenses, losses, costs, claims and damages), brought about by your action or inaction in violation of this Agreement. You may NOT submit or publish through Computercentric any materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You will comply with all reasonable instructions provided by Computercentric in relation to the Service.
1.3. You agree that the Service is for your own personal or business use only and that you will not without our prior written consent, re-sell or in any way re-supply the Service to others for money or monies worth.
1.4. Significant (even contractual) communication processes are carried out via e-mail. The customer accepts this procedure and hereby declares that he will regularly check his emails.
1.5. If there are changes with respect to relevant customer data, the customer commits to update this data without delay. Relevant customer data shall mean in particular but not exclusively
- Change of address of the customer,
- Change of the e-mail address of the customer,
- Change of payment data e.g. bank account data for direct debit procedure or credit card data.
All information provided by you shall be true and accurate and will be relied upon by us for the provision of the Service.
1.6. Prerequisite for the utilisation of Services is suitable internet access. The customer shall be responsible regarding their access to the internet. The mutual obligation resulting from the Agreement shall not be affected if the customer has no access to the internet.
The Customer is obliged to keep all login data regarding his/her Computercentric VoIP accounts confidential and secure. The customer accepts that passing login data on to third parties (e.g. staff or family) is carried out at his/her own risk. The customer must inform third parties regarding the obligation to keep login data confidential and secure.
The Customer is responsible for all necessary and usual safeguards against the accidental and abusive use of Services by third parties. If a customer notices an unintentional or abusive use of Services, he/she should inform Computercentric immediately. In case customer fails to inform Computercentric in due time, he will be liable for all damages resulting from this delay.
1.7. If, at any time, the Service is affected or unavailable other than due to our fault you will continue to be billed for the Service.
1.8. Without prejudice to our rights to terminate this Agreement, we may suspend the Service if we reasonably believe you are in breach of any terms of this Agreement or any other Agreement with us or you abuse, threaten us, or a member of our staff. We may also suspend the Service if we are obliged to comply with an order, instruction or request from a government department or other competent authority.
1.9. We can end this Agreement immediately upon email notification if:
- you breach this Agreement and fail to remedy the breach within a reasonable time, specified in a written notice to us to do so;
- you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition against you, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to liquidate the company is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this Agreement if we think any of these actions or similar actions may happen;
- any regulatory change affecting our ability to offer the Service is introduced, including but not limited to any authorisation or licence under which we provide the Service expiring or being revoked.
1.10. Upon any suspension or termination according to 1.8 or 1.9, you are responsible for all charges, including, without limitation to unbilled charges and other charges all of which immediately become due and payable. We may immediately charge these amounts to your account in the case of the credit balance not covering these amounts.
1.11. We may terminate this Agreement at any time without liability if any underlying arrangement with other operators or suppliers is terminated for whatever reason.
2. General Service Information
2.1. The Emergency Service Description is part of the Terms and Conditions. The Customer declares that he/she has read the Emergency Service Description and accepts these regulations.
2.2. Number portability is generally available with the Service as far as applicable law obliges Computercentric to provide such a service, and as far as relationships between number registrars will permit.
In all other cases Computercentric will port numbers as far as possible/feasible from or to another provider.
Computercentric will not process a number porting request to another provider unless the customer’s balance is completely current, including payment for all Service charges and the applicable number porting fee.
2.3. Computercentric is entitled to change the customer’s telephone number(s) in the event of a:
- customer request
- change of telephone number is based on legal or regulatory measures or
- other reasonable economic or legal necessities that may force Computercentric to change the telephone number(s).
2.4. An inactive Account may be deleted after prior email request to the customer.
2.5 The delivery, and your experience of the service is not guaranteed to be continuous. VoIP services are inherently susceptible to degradation or failure as a result of network congestion, limited bandwidth or other network issues at any point between the end users making or receiving calls.
2.6 In order to reduce customer and our own exposure to fraud risk we reserve the right but not obligation to carry out routine penetration tests against your public IP addresses. The main reason for such testing is to try to help identify and resolve mis-configured routers, networks or services which could give attackers a means of accessing your systems and making calls at your expense.
3. Billing and Terms
3.1 Provision of the Service is subject to the receipt of a valid and current Direct Debit mandate.
3.2 Computercentric issues invoices solely as a PDF file via e-mail or as a download. Computercentric invoices comply with the VAT prerequisites.
The issuing of an invoice in paper form is generally not possible. The customer accepts that invoices are sent via e-mail although a confidential transfer of the data cannot be guaranteed. Computercentric invoices do not include any itemised billing, although this is available from your xCentric portal.
The customer can access their call charges at any time via their itemised bill in the xCentric account.
3.3. Invoice details required for VAT purposes are taken from the customer’s Computercentric account. The customer is obliged to currently update this information in his account. Computercentric is not obliged to provide invoices with other data.
3.4 Your agreement will be subject to a minimum term, this will be indicated on your quotation or order. The date of expiry of the minimum term will be based on the data the order was signed.
3.5 Unless the agreement is cancelled or modified prior to the minimum term of the renewal term, it will be deemed to renew for a period of 12 months from the date of the end of the previous initial / renewal term.
3.6 During the initial or renewal terms, quantities of licences may only be increased, not decreased. A decrease in licences can be requested at any time, but will only take effect at the next renewal of the agreement.
4. Charges and Payment Terms
4.1. Provision of the Service is conditional upon the customer paying all fees and charges applicable to the Service in accordance with this Agreement and the tariff list.
Where VAT must be paid we have included it at the current rate. All invoices are available by accessing the customer’s online account.
4.2. If payment is made by credit card, Computercentric reserves the right at any time to stop accepting credit cards from one or more providers.
4.3. The customer’s initial order for the Service authorises Computercentric to charge the customer’s debit or credit card, or bank account by Direct Debit, unless another payment procedure is regulated in the Service description. The authorisation will remain valid until Computercentric receives the customer’s written notice terminating Computercentric’s authority.
4.4. If the customer’s bank details, credit or debit card data or other data related to the payment procedure change, the customer must update this information immediately in the customer’s online account. Failure to do so may lead to suspension or termination of Service.
If the customer fails to update his/her bank details, credit or debit card details or other data relevant for payments, or if the customer cancels a direct debit authorisation or the customer causes a return debit note, a negative balance (Computercentric claims against the customer) may result. In this case, Computercentric is entitled to request the customer to balance their negative account. Computercentric is entitled to charge reasonable processing costs.
4.5. The Customer has to reimburse the costs caused by a return debit note or similar costs caused due to a failure according to No. 4.4. In this case Computercentric charges a flat amount of £10. However, Computercentric is entitled to charge more than the flat fee in the case of Computercentric being able to quantify a higher cost of damage.
4.6. We may suspend or terminate our Service at any time acting reasonably, if you fail to make any payment that is due. You must pay all sums due in full and you cannot set off, deduct or withhold any part of any sum of money that you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
4.7. We can change the payment terms for any good reason, for instance, if you do not pay your bills on time.
4.8. You must notify Computercentric in writing within 7 days after the date of your invoice or statement if you dispute any Computercentric charges. Billing disputes must be sent to accounts@computercentric.co.uk.
4.9. By using the Service you agree to be bound by our fair usage policy. If you do not comply with our fair usage policy or you use the Service for anything other than for normal and reasonable purposes and contrary to usage patterns reasonably expected of a residential or business user, as the case may be, we may freely suspend the Service immediately and offer you an alternative tariff list or terminate the Service immediately.
4.10. If you accept an equipment upgrade, special offer, promotion or benefit, such as a free month of Service, free installation, a rebate or other incentives, there may be a term of commitment associated with the benefit you accepted (“Commitment”). The Commitment will be disclosed as part of the promotion. The Commitment begins on the date you activate the new equipment or accept the special offer, promotion or benefit. If your Service is disconnected prior to the end of the Commitment period, you agree to pay Computercentric a recovery fee in an amount equal to the difference between the price you paid and the recommended retail price (RRP) of the goods, Service or other benefits you received at the time the Commitment period began. Recovery fees are cumulative and are independent of any other charges or fees you may owe Computercentric, including any disconnection fees, for example.
4.11. You accept that when you order the Service from us we may carry out credit reference enquiries about you and that we may also carry out identity and fraud prevention enquiries. All information disclosed to us following such enquiries will be protected and kept secure in accordance with our privacy policy.
5. Cancellation
5.1. Except when stated otherwise cancellation of the Service / an agreement between the parties is possible but generally requires one months prior notice. If the agreement is cancelled prior to the end of the current renewal term, all costs that would otherwise have been liable for the remainder of the term will become billable.
5.2. If you want to cancel this Agreement in full, or if you want to cancel some but not all of your features of the Service, for any reason you must inform us in writing or via email at support@computercentric.co.uk. Your written notice of cancellation must be received no later than 1 working day before the end of the current calendar month, otherwise cancellation will not become effective until the end of the following calendar month. Computercentric will send you confirmation of your cancellation by email. A working day does not include Saturdays, Sundays or any public or bank holidays in the United Kingdom.
5.3. If the customer has credit in his / her account at the point of cancellation, Computercentric will reimburse the customer on request, to the value of the credit balance, minus Computercentric’s reasonable processing fees. A refund is not issued in the case of the balance not exceeding £10.
A prerequisite of a reimbursement, is a written customer request, stating the customer number / SIP-ID, a bank or credit card account and a copy of proof of ID (passport/driving license). The refund of a positive balance becomes time-barred from three years after the date of termination.
5.4 You are solely responsible for your actions and the content of your transmissions through or in connection with the Service, it being understood that each employee acts on behalf of the Company with which such employee is associated in all actions and submissions on or in connection with the Service. You agree:
- to abide by all applicable local, state, national, and international laws and regulations in your use of the Service;
- not to use the Service for illegal purposes;
- not to use or attempt to use another person’s or entity’s account, telephone number, service or system without authorisation from the owner;
- to comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of the United Kingdom);
- not to “stalk”, threaten, or harass anyone through, in connection with, or utilising any data collected through the Service;
- that we neither endorse the content of any of your communications nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Services;
- not to interfere or disrupt networks connected to the Service or otherwise attempt to interfere with the proper function of the Service; and
- not to attempt to obtain unauthorised access to the Service.
Computercentric may, in its sole discretion, immediately terminate your access to the Service respectively the Service should your conduct fail to conform with any provision of this Section.
6. Changing the Agreement
6.1. We may at any time change the terms and conditions of this Agreement, any policy or document referred to in this Agreement, our charges and tariff list by email. We shall endeavour to notify you of changes to tariff lists and charges at least 5 days before they are due to take effect, however, we may have to make changes without giving the full 5 days notice. You agree that if you use the Service, you will be bound by the changes, once the changes to the charges are made. You may contact us for details of changes to charges and to the tariff list at any point.
6.2. Provided you have not used the Service following any change as described in clause 7.1, you may end this Agreement without incurring any applicable disconnection fee if the changes are not to your liking, provided that you will remain liable for all charges due up until the date of termination. To exercise your right of termination you will need first to give us notice via email.
7. Warranty
We warrant that we shall provide the Service with reasonable skill and care, within a reasonable time and substantially as described in this Agreement and in the Service Description. We do not warrant that the provision of the Service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the Service. We do not make any other promises or warranties about the Service. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of that the Service will always be optimal, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the full extent permitted by law. The Equipment and the Service is made available for your own use only.
We reserve the right to modify or discontinue the Service respectively part of the Service, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Service. We will not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Service.
Nothing in this Agreement affects your statutory rights.
8. Liability and Indemnity
8.1. Nothing in this Agreement excludes or limits our liability for any liability that cannot be excluded or limited by law.
8.2. You accept and agree that you will have no claim against Computercentric or any underlying network access provider if you are unable to access the Service and the exclusions and limitations of liability in this clause shall apply to all claims arising from your use of the Service including claims against our business associates.
8.3. We shall not be liable for you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.
8.4. Except in the case of clause 8.1, our liability to you (if any) for direct loss or damages in contract, tort, including negligence or breach of statutory duty, or otherwise, arising out of or in connection with this Agreement shall be limited to £1000 per incident per customer.
8.5. In the event of any failure in the Service, we shall not be liable for any charges incurred by you, should you divert your traffic to another provider.
8.6. You will indemnify Computercentric from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service or Equipment (whether or not supplied by Computercentric).
8.7. We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.
We shall not be in breach of this Agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our reasonable control.
8.8 OFCOM and our trusted partners each have the power to withdraw an allocation of telephone numbers and therefore any telephone numbers offered to the Customer under the agreement cannot be guaranteed as being available. The Company shall not be liable for any costs incurred by the Customer in relation to any such telephone number (including, without limitation, in the advertising of such telephone number) which is withdrawn by OFCOM and/our service partners.
9. Privacy
We comply with all applicable data protection laws in the UK and our current Privacy Policy is published at computercentric.co.uk/privacy-policy. By entering into this Agreement you confirm that you have read and understood our Privacy Policy and you agree to us using your data as outlined in our Privacy Policy.
10. Intellectual Property
All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Computercentric are and shall remain the exclusive property of Computercentric throughout the world. Nothing in this Agreement shall grant you the right or licence to use such marks.
11. General
11.1. If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
11.2. If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning.
11.3. Except as provided in clause 9, nothing in this Agreement confers on any third party any right to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.4. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent.
11.5. The survival of the clauses is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement.
11.6. This Agreement represents the entire Agreement and understanding between us in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral. This clause shall not affect the parties’ rights and remedies in respect of any fraudulent misrepresentation.
11.7. This Agreement is governed by the laws of the United Kingdom. The parties submit to the exclusive jurisdiction of the UK Courts to the extent this is permissible.
12. Emergency Service Provisions
12.1. If the Service is fully operational, public emergency call services can generally be accessed from within England, Wales, Scotland and Northern Ireland.
Important notice: In order to be able to contact the emergency services from your account, you have to configure and activate your emergency location! Please be sure to submit your correct and valid UK address as foreign addresses are not accepted. Without doing so, making an emergency call is not possible and could put you and your loved ones in jeopardy should an emergency occur!
However, you understand and acknowledge that there may be some limitations as set out in the following paragraphs.
12.2. For each phone line that you utilise the Service with, you must register with Computercentric, the physical location where you will be using the Service. It is your responsibility to maintain the accuracy of your address my notifying Computercentric. If you do not update us with any changes, it may or may not be possible for emergency operators and authorities to identify your location and phone number when you call emergency services. When you call the emergency services you will need to state your location and phone number promptly and clearly, as emergency operators and authorities may not have this information. Similarly, understand that emergency calls originating from users of the system who are not based at the main address cannot rely on the correct address being detected by emergency services despatchers.
12.3. If there is a Service outage for any reason, such outage may prevent access to public emergency call services. Also, the VoIP originated Emergency Call may have to pass over the public internet where it will not receive the same network priority or quality assurance as an Emergency Call made on a mobile network or on a circuit-switched fixed line. Please be aware that the VoIP application requires a power source and an enabled internet connection to make emergency calls.
12.4. You agree to inform potential users of the Service of the above limitations and you understand and accept that you should always have alternative means of accessing emergency services.
12.5. If Computercentric suspends the Service you may not be able to call emergency services.
13. Service Level Agreement
13.1 Provisioning – All stated timelines are from the receipt of a fully validated order and they exclude any activity that requires site survey, non-gold addresses or installations that require additional line plant. Timelines are subject to supplier engineer availability and failure to meet the guidelines below will not result in any financial compensation. All timelines are stated in working days.
- Number porting – Target Provision Time: 4 to 25 days (maximum likely lead time, heavily dependent on losing provider).
13.2 Faults – Please note that the following table excludes service requests and is based on the assumption that the incident has been successfully reported by telephone to the appropriate department. All resolution timescales are based on the delivery of either full resolution or workaround and any issue requiring significant product development will follow standard service request principles. For faults where we need to involve our external suppliers, the following Service Levels may not apply, although the target resolution timeline will still be our aim. Failure to meet the guidelines below will not result in any financial compensation. All timelines are in working days. Please note that clock hours run during the time in which the fault is within our control. Where a fault is with the customer for further action, the clock stops and will restarts when details are confirmed back to us.
- Critical / Loss of service with multiple services affected – Target Resolution Time: 4 Hours.
- High / Loss of service, single customer or service affected – Target Resolution Time: 8 Hours.
- Medium / Disruption to service – Target Resolution Time: 3 Working Days.
- Low / Single number destinations or QOS issues – Target Resolution Time: 7 Working Days.
13.3 Service Availability – We are able to provide service availability for CallSwitch. Service Availability is defined as the ability of a Service to perform its required function over a stated period of time. It is reported as the percentage of time that a Service is actually available for use by the customer within agreed Service Hours. Availability is calculated as the total number of minutes of unplanned downtime in the current measurement period divided by the the total number of minutes in the current measurement period.
Target availability for each service component is as follows:
- CallSwitch Auto-attendant, Call recording and Unified Messaging – 99.5%.
- CallSwitch GUI – 99.5%.
- CallSwitch User Subscriptions – 99.5%.
The following shall not be included when calculating the Service Levels:
- Outages which are deemed by us to be the result of matters outside of our or our trusted partners’ direct control.
- Planned or notified emergency maintenance works.
- User error.
13.4 Please note the Service Availability relates to the core CallSwitch services and does not include access or local CPE elements.
13.5 Call Quality Performance As a means of determining and measuring the call quality of the CallSwitch service, we measure the quality of calls passing through the our core IP network and Platform. The performance is measured using Mean Opinion Score (MOS) that cover a scale from 1 (poor) to 5 (excellent) for call quality. The CallSwitch Product supports the following codecs, G.711 and G.729 for external call termination. The MOS score targets for the supported CODECs for the CallSwitch product are as follows:
- Codec G.711 – MOS 4.5 in One Calendar Month.
- Codec G.729 – MOS 4.0 in One Calendar Month.
The targets are measured using our SIP Monitoring Service, auto generating report every 24 Hours. These performance measures apply to the performance provided within our core network.
13.6 Service credits will be applicable should the level of core service availability not meet the target monthly percentage, as per the table below. Service credits will be applied to the monthly subscription charges only. Service credits would need to be requested by the Customer with evidence of services that you feel have been impacted. Any agreed service credits would be applied against the next scheduled payment.
For services with a target availability of 99.5%, claimable credits are as follows:
- Measured availability 99.90-99.94% – 5% Service credit.
- Measured availability 99.50-99.89% – 7.5% Service credit.
- Measured availability <99.50% – 10% Service credit.
14. More About Us
Services are provided by Computercentric Ltd and it’s trusted partners. Please contact us at support@computercentric.co.uk.
Introduction
This Agreement sets out the terms of which Computercentric agrees to provide its VirtEx VoIP Services (“Service”) to you. This Agreement commences on the date that Computercentric first accepts your order. The acceptance is declared by Computercentric by making VoIP Services available to the customer. The customer is bound to his order for 30 calendar days.
This Agreement comprises these Terms and Conditions, our respective Service Description, our Privacy Policy which is available at computercentric.co.uk/privacy-policy and our tariff list which is available on request. Orders for the Service are accepted at our sole discretion.
The expressions, “Computercentric”, “we”, “us” and “our” refer to Computercentric Ltd whose registered office is located at Anchor House, Anchor Road, Walsall, WS9 8PW. The expressions “you” and “your” refer to the customer.
1. Use of the Service, Suspension and Termination
1.1. By accepting these terms, you are agreeing NOT to allow through your actions, or those of others, the use of Services from Computercentric for unlawful or illegal purposes; including but not limited to making offensive, indecent or prank/hoax calls, place bulk unsolicited commercial calls or use automatic dialers allowing others to do so, using the Services fraudulently or to commit or further a criminal offence.
1.2. You are agreeing NOT to cause damage to this or any other communication or data system, and you fully indemnify Computercentric against any liabilities (including such things as legal expenses, losses, costs, claims and damages), brought about by your action or inaction in violation of this Agreement. You may NOT submit or publish through Computercentric any materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You will comply with all reasonable instructions provided by Computercentric in relation to the Service.
1.3. You agree that the Service is for your own personal or business use only and that you will not without our prior written consent, re-sell or in any way re-supply the Service to others for money or monies worth.
1.4. Significant (even contractual) communication processes are carried out via e-mail. The customer accepts this procedure and hereby declares that he will regularly check his emails.
1.5. If there are changes with respect to relevant customer data, the customer commits to update this data without delay. Relevant customer data shall mean in particular but not exclusively
- Change of adress of the customer,
- Change of the e-mail address of the customer,
- Change of payment data e.g. bank account data for direct debit procedure or credit card data.
All information provided by you shall be true and accurate and will be relied upon by us for the provision of the Service.
1.6. Prerequisite for the utilisation of Services is internet access. The customer shall be responsible regarding his access to the internet. The mutual obligation resulting from the Agreement shall not be affected if the customer has no access to the internet.
The Customer is obliged to keep all login data regarding his/her Computercentric VirtEx account (passwords and SIP passwords) confidential and secure. The customer accepts that passing login data on to third parties (e.g. staff or family) is carried out at his/her own risk. The customer must inform third parties regarding the obligation to keep login data confidential and secure.
The Customer is responsible for all necessary and usual safeguards against the accidental and abusive use of Services by third parties. If a customer notices an unintentional or abusive use of Services, he/she should inform Computercentric immediately. In case customer fails to inform Computercentric in due time, he will be liable for all damages resulting from this delay.
1.7. If, at any time, the Service is affected or unavailable other than due to our fault you will continue to be billed for the Service.
1.8. Without prejudice to our rights to terminate this Agreement, we may suspend the Service if we reasonably believe you are in breach of any terms of this Agreement or any other Agreement with us or you abuse, threaten us, or a member of our staff. We may also suspend the Service if we are obliged to comply with an order, instruction or request from a government department or other competent authority.
1.9. We can end this Agreement immediately upon email notification if:
- you breach this Agreement and fail to remedy the breach within a reasonable time, specified in a written notice to us to do so;
- you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition against you, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to liquidate the company is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this Agreement if we think any of these actions or similar actions may happen;
- any regulatory change affecting our ability to offer the Service is introduced, including but not limited to any authorisation or licence under which we provide the Service expiring or being revoked.
1.10. Upon any suspension or termination according to 1.8 or 1.9, you are responsible for all charges, including, without limitation to unbilled charges and other charges all of which immediately become due and payable. We may immediately charge these amounts to your account in the case of the credit balance not covering these amounts.
1.11. We may terminate this Agreement at any time without liability if any underlying arrangement with other operators or suppliers is terminated for whatever reason.
2. General Service Information
2.1. The Emergency Service Description is part of the Terms and Conditions. The Customer declares that he/she has read the Emergency Service Description and accepts these regulations.
2.2. Number portability is generally available with the Service as far as applicable law obliges Computercentric to provide such a service.
In all other cases Computercentric will port numbers as far as possible/feasible from or to another provider.
Unless otherwise regulated in a service description the number porting fee generally amounts to £40 per number to be ported.
Computercentric will not process a number porting request to another provider unless the customer’s balance is completely current, including payment for all Service charges and the applicable number porting fee.
2.3. Computercentric is entitled to change the customer’s telephone number(s) in the event of a:
- customer request
- change of telephone number is based on legal or regulatory measures or
- other reasonable economic or legal necessities that may force Computercentric to change the telephone number(s).
2.4. An inactive Account may be deleted after prior email request to the customer.
3. Billing
3.1 Provision of the Service is subject to the receipt of a valid and current Direct Debit mandate.
3.2 Computercentric issues invoices solely as a PDF file via e-mail or as a download. Computercentric invoices comply with the VAT prerequisites.
The issuing of an invoice in paper form is generally not possible. The customer accepts that invoices are sent via e-mail although a confidential transfer of the data cannot be guaranteed. Computercentric invoices do not include any itemised billing, although this is available from your VirtEx portal.
The customer can access their call charges at any time via his itemised bill in his VirtEx portal.
3.3. Invoice details required for VAT purposes are taken from the customer’s Computercentric account. The customer is obliged to currently update this information in his account. Computercentric is not obliged to provide invoices with other data.
4. Charges and Payment Terms
4.1. Provision of the Service is conditional upon the customer paying all fees and charges applicable to the Service in accordance with this Agreement and the tariff list.
Where VAT must be paid we have included it at the current rate. All invoices are available by accessing the customer’s online account.
4.2. If payment is made by credit card, Computercentric reserves the right at any time to stop accepting credit cards from one or more providers.
4.3. The customer’s initial order for the Service authorises Computercentric to charge the customer’s debit or credit card, or bank account by Direct Debit, unless another payment procedure is regulated in the Service description. The authorisation will remain valid until Computercentric receives the customer’s written notice terminating Computercentric’s authority.
4.4. If the customer’s bank details, credit or debit card data or other data related to the payment procedure change, the customer must update this information immediately in the customer’s online account. Failure to do so may lead to suspension or termination of Service.
If the customer fails to update his/her bank details, credit or debit card details or other data relevant for payments, or if the customer cancels a direct debit authorisation or the customer causes a return debit note, a negative balance (Computercentric claims against the customer) may result. In this case, Computercentric is entitled to request the customer to balance their negative account. Computercentric is entitled to charge reasonable processing costs.
4.5. The Customer has to reimburse the costs caused by a return debit note or similar costs caused due to a failure according to No. 4.4. In this case Computercentric charges a flat amount of £10. However, Computercentric is entitled to charge more than the flat fee in the case of Computercentric being able to quantify a higher cost of damage.
4.6. We may suspend or terminate our Service at any time acting reasonably, if you fail to make any payment that is due. You must pay all sums due in full and you cannot set off, deduct or withhold any part of any sum of money that you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
4.7. We can change the payment terms for any good reason, for instance, if you do not pay your bills on time.
4.8. You must notify Computercentric in writing within 7 days after the date of your invoice or statement if you dispute any Computercentric charges. Billing disputes must be sent to accounts@computercentric.co.uk.
4.9. By using the Service you agree to be bound by our fair usage policy. If you do not comply with our fair usage policy or you use the Service for anything other than for normal and reasonable purposes and contrary to usage patterns reasonably expected of a residential or business user, as the case may be, we may freely suspend the Service immediately and offer you an alternative tariff list or terminate the Service immediately.
4.10. If you accept an equipment upgrade, special offer, promotion or benefit, such as a free month of Service, free installation, a rebate or other incentives, there may be a term of commitment associated with the benefit you accepted (“Commitment”). The Commitment will be disclosed as part of the promotion. The Commitment begins on the date you activate the new equipment or accept the special offer, promotion or benefit. If your Service is disconnected prior to the end of the Commitment period, you agree to pay Computercentric a recovery fee in an amount equal to the difference between the price you paid and the recommended retail price (RRP) of the goods, Service or other benefits you received at the time the Commitment period began. Recovery fees are cumulative and are independant of any other charges or fees you may owe Computercentric, including any disconnection fees, for example.
4.11. You accept that when you order the Service from us we may carry out credit reference enquiries about you and that we may also carry out identity and fraud prevention enquiries. All information disclosed to us following such enquiries will be protected and kept secure in accordance with our privacy policy.
5. Cancellation
5.1. Except when stated otherwise cancellation of the Service / an agreement between the parties is possible but generally requires one months prior notice.
5.2. If you want to cancel this Agreement in full, or if you want to cancel some but not all of your phone lines and other features of the Service, for any reason you must inform us in writing or via email at support@computercentric.co.uk. Your written notice of cancellation must be received no later than 1 working day before the end of the current calendar month, otherwise cancellation will not become effective until the end of the following calendar month. Computercentric will send you confirmation of your cancellation by email. A working day does not include Saturdays, Sundays or any public or bank holidays in the United Kingdom.
5.3. If the customer has credit in his / her account at the point of cancellation, Computercentric will reimburse the customer on request, to the value of the credit balance, minus Computercentric’s reasonable processing fees. A refund is not issued in the case of the balance not exceeding £10.
A prerequisite of a reimbursement, is a written customer request, stating the customer number / SIP-ID, a bank or credit card account and a copy of proof of ID (passport/driving license). The refund of a positive balance becomes time-barred from three years after the date of termination.
5.4 You are solely responsible for your actions and the content of your transmissions through or in connection with the Service, it being understood that each employee acts on behalf of the Company with which such employee is associated in all actions and submissions on or in connection with the Service. You agree:
- to abide by all applicable local, state, national, and international laws and regulations in your use of the Service;
- not to use the Service for illegal purposes;
- not to use or attempt to use another person’s or entity’s account, telephone number, service or system without authorisation from the owner;
- to comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of the United Kingdom);
- not to “stalk”, threaten, or harass anyone through, in connection with, or utilising any data collected through the Service;
- that we neither endorse the content of any of your communications nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Services;
- not to interfere or disrupt networks connected to the Service or otherwise attempt to interfere with the proper function of the Service; and
- not to attempt to obtain unauthorised access to the Service.
Computercentric may, in its sole discretion, immediately terminate your access to the Service respectively the Service should your conduct fail to conform with any provision of this Section.
6. Changing the Agreement
6.1. We may at any time change the terms and conditions of this Agreement, any policy or document referred to in this Agreement, our charges and tariff list by email. We shall endeavour to notify you of changes to tariff lists and charges at least 5 days before they are due to take effect, however, we may have to make changes without giving the full 5 days notice. You agree that if you use the Service, you will be bound by the changes, once the changes to the charges are made. You may contact us for details of changes to charges and to the tariff list at any point.
6.2. Provided you have not used the Service following any change as described in clause 7.1, you may end this Agreement without incurring any applicable disconnection fee if the changes are not to your liking, provided that you will remain liable for all charges due up until the date of termination. To exercise your right of termination you will need first to give us notice via email.
7. Warranty
We warrant that we shall provide the Service with reasonable skill and care, within a reasonable time and substantially as described in this Agreement and in the Service Description. We do not warrant that the provision of the Service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the Service. We do not make any other promises or warranties about the Service. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of that the Service will always be optimal, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the full extent permitted by law. The Equipment and the Service is made available for your own use only.
We reserve the right to modify or discontinue the Service respectively part of the Service, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Service. We will not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Service.
Nothing in this Agreement affects your statutory rights.
8. Liability and Indemnity
8.1. Nothing in this Agreement excludes or limits our liability for any liability that cannot be excluded or limited by law.
8.2. You accept and agree that you will have no claim against Computercentric or any underlying network access provider if you are unable to access the Service and the exclusions and limitations of liability in this clause shall apply to all claims arising from your use of the Service including claims against our business associates.
8.3. We shall not be liable for you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.
8.4. Except in the case of clause 8.1, our liability to you (if any) for direct loss or damages in contract, tort, including negligence or breach of statutory duty, or otherwise, arising out of or in connection with this Agreement shall be limited to £1000 per incident per customer.
8.5. In the event of any failure in the Service, we shall not be liable for any charges incurred by you, should you divert your traffic to another provider.
8.6. You will indemnify Computercentric from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service or Equipment (whether or not supplied by Computercentric).
8.7. We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.
We shall not be in breach of this Agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our reasonable control.
9. Privacy
We comply with all applicable data protection laws in the UK and our current Privacy Policy is published at computercentric.co.uk/privacy-policy. By entering into this Agreement you confirm that you have read and understood our Privacy Policy and you agree to us using your data as outlined in our Privacy Policy.
10. Intellectual Property
All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Computercentric are and shall remain the exclusive property of Computercentric throughout the world. Nothing in this Agreement shall grant you the right or licence to use such marks.
11. General
11.1. If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
11.2. If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning.
11.3. Except as provided in clause 9, nothing in this Agreement confers on any third party any right to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.4. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent.
11.5. The survival of the clauses is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement.
11.6. This Agreement represents the entire Agreement and understanding between us in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral. This clause shall not affect the parties’ rights and remedies in respect of any fraudulent misrepresentation.
11.7. This Agreement is governed by the laws of the United Kingdom. The parties submit to the exclusive jurisdiction of the UK Courts to the extent this is permissible.
12. Emergency Service Provisions
12.1. If the Service is fully operational, public emergency call services can generally be accessed from within England, Wales, Scotland and Northern Ireland.
Important notice: In order to be able to contact the emergency services from your account, you have to configure and activate your emergency location! Please be sure to submit your correct and valid UK address as foreign addresses are not accepted. Without doing so, making an emergency call is not possible and could put you and your loved ones in jeopardy should an emergency occur!
However, you understand and acknowledge that there may be some limitations as set out in the following paragraphs.
12.2. For each phone line that you utilise the Service with, you must register with Computercentric, the physical location where you will be using the Service. It is your responsibility to maintain the accuracy of your address via your online account. If you do not update us with any changes, it may or may not be possible for emergency operators and authorities to identify your location and phone number when you call emergency services. When you call the emergency services you will need to state your location and phone number promptly and clearly, as emergency operators and authorities may not have this information.
12.3. If there is a Service outage for any reason, such outage may prevent access to public emergency call services. Also, the VoIP originated Emergency Call may have to pass over the public internet where it will not receive the same network priority or quality assurance as an Emergency Call made on a mobile network or on a circuit-switched fixed line. Please be aware that the VoIP application requires a power source and an enabled internet connection to make emergency calls.
12.4. You agree to inform potential users of the Service of the above limitations and you understand and accept that you should always have alternative means of accessing emergency services.
12.5. If Computercentric suspends the Service you may not be able to call emergency services.
13. More About Us
VirtEx is provided by Computercentric Ltd. Please contact us at support@computercentric.co.uk.
Our Cyber Security Policy describes our approach to data security.
Our procedure for handling complaints relating to our telephony services.
We make every effort to ensure that our customers are happy with the level of service they receive from us. However, despite our best efforts, we acknowledge that things can occasionally go wrong. We take customer complaints very seriously and aim to resolve them quickly and efficiently. The purpose of this Code is to inform customers of how we will deal with any complaint we receive.
Computercentric operates a ticketed support and help desk policy. All complaints, reports of non-conformity and requests for help are handled using this system.
If you have a complaint about any part of our service, please do not hesitate to contact our support team. We will try to resolve your complaint quickly and efficiently, and to keep you informed at all times. We will acknowledge your complaint as soon as practical. We will investigate the complaint fully and in detail before responding in detail. We will attempt to respond in detail to any complaint within 7 days of its receipt, however there may be occasions when we are unable to do so because we have been unable to resolve issues with third parties or technical issues. In any event we will seek to keep you informed as soon as practical.
If your complaint is not resolved to your satisfaction, you can refer it to the Managing Director at the address published on this web site.
If we still cannot resolve the problem, we will write to you to say so. We may also suggest that we use the alternative dispute resolution procedure described below.
Under section 54 of the Communications Act, all Communication providers must provide customers with access to an independent dispute resolution procedure, should a customer be unable to resolve a dispute Computercentric would use the Ombudsman Services.
Customers must give the company a chance to settle their complaint before applying to Ombudsman Services. Customers can apply to use Ombudsman Services if their complaint has not been settled within 8 weeks of first complaining to the company, or if the company has referred the customer to the scheme. An application form must be sent to Ombudsman Services within nine months of first complaint.
The Ombudsman Services referral and procedures are at no cost to the customer.
You may contact Ombudsman Services as follows:
Ombudsman Services: Communications
PO Box 730
Warrington
WA4 6WU
T: 0330 440 1614
F: 0330 440 1615
Our Ethernet Service Provisioning Guide explains everything you need to know about the Ethernet Service ordering and installation process.
