SPECIFIC TERMS AND CONDITIONS (“SPECIFIC CONDITIONS”) - FIXED LINE & SIP TRUNKS

1. GENERAL

1.1 The Services are provided by Elite Telecommunication (Company Number 16026481)

(Supplier) a company registered in England and Wales whose registered office is 4 Office Village, Forder Way, Peterborough, England, PE7 8GX .2 These Specific Conditions form part of the Contract. All the terms and conditions

contained in the General Conditions shall apply to the Services unless there is any

inconsistency between any of the provisions of the General Conditions and the provisions

of these Specific Conditions, in which case, the conflicting provisions of these Specific

Conditions shall prevail.

2. INTERPRETATION

2.1 In these Special Conditions, unless the context otherwise requires, the following

expressions have the following meanings:

Charges the charges payable by the Customer for the supply of the

Services in accordance with the provisions of the Contract

(including but not limited to the charges described on the relevant

Charges Sheet and Tariff Sheet (as defined in the General

Conditions).

Contract has the meaning defined in the General Terms and Conditions.

Customer means you, the user of the Services who is not an individual

consumer and who is contracting for the purposes of a business and

having a legal identity separate from the persons (if any) of which

it is composed, including but not limited to, a company, a body

corporate, a corporation sole, a charity, a partnership, a

government body and a public authority.

General

Conditions

means the general terms and conditions found at

https://www.elitetechgroup.co.uk/terms-and-conditions

Services means the Fixed Line & SIP Trunks & SIP Trunks Services provided

by the Supplier to the Customer pursuant to the terms of the

Contract.

Start Date has the meaning in clause 2 of the General Conditions.

3. OUR FIXED LINE & SIP TRUNKS & SIP TRUNKS SERVICES

3.1 The Customer acknowledges that the terms of these Specific Conditions shall not apply to

any provision of broadband by the Supplier to the Customer and that separate terms and

conditions shall apply to such service.

3.2 The Supplier shall use its reasonable endeavours to ensure that the Services shall include:

3.2.1 the installation or takeover and rental of one or more fixed telephone line(s);

3.2.2 the ability to make or receive telephone calls;

3.2.3 the ability to send and receive information through the Customer’s telephone

line. For example, from computers equipment;

3.2.4 any one of a range of call price plans that enable the Customer to make

discounted telephone calls;

3.2.5 any other facilities such as caller display that we agree to give the Customer;

3.2.6 one phone number for each fixed telephone line that the Customer rents from

the Supplier, which will be published (with the Customer’s business details) in the

appropriate telephone directories, and will be available on directory enquiries

services, unless the Customer informs the Supplier in writing that it does not

require this;

3.2.7 where possible (and in particular not when the Customer operates a hosted

telephone system) access to the emergency services and provision of caller

location information; and

3.2.8 any other fixed telephone line related services that the Supplier agrees in writing

to provide to the Customer under these Specific Conditions.

4. COMMENCEMENT

4.1 Where the Services include the installation of telephone lines, a date for the installation

will be agreed between the Supplier and the Customer. If the Customer cancels any

appointment for the installation of the Customer service after 12.00pm on the day before

we agree to install the Customer telephone line, the Customer will be liable to pay a

missed appointment charge at our then current Charges.

4.2 Time is not of the essence for the delivery of the Services. The Supplier will use its

reasonable endeavours to provide the Services by any date agreed with the Customer, but

any suggested date is an estimate only and should not be relied upon when creating

corresponding obligations with third parties.

4.3 Where, as part of the Services the Supplier is required to arrange telephone line transfers,

the Supplier will use its reasonable endeavours to arrange the transfer of the telephone

line from the Customer’s current provider within ten working days of being requested to

do so by the Customer. The time taken to port telephone numbers from other networks

varies and sometimes it may not be possible or reasonably practicable to do so at all. The

Supplier gives no assurances, representations nor warranties about the time scale or

possibility of porting telephone numbers and where it is not possible to do so, will provide

the Customer with a new telephone number(s).

5. HOW THE FIXED LINE & SIP TRUNKS & SIP TRUNKS SERVICES ARE PROVIDED TO THE

CUSTOMER

5.1 The Supplier provides the Services via wholesale line rental (WLR) and, for telephones

lines with the Supplier’s broadband services, Next Generation Networks (NGN). WLR

means that the Supplier will invoice the Customer for line rental of the Customer’s

telephone line and the relevant provider (an example being, BT Openreach™) will

continue to maintain the Customer’s telephone line and be responsible for fixing any

faults that may occur. The Supplier shall not be liable in respect of the maintenance of the

Customer’s telephone line and any disruption to the Services which may occur as a result

of that failure.

5.2 Developments in network technology (known as Local Loop Unbundling or LLU) may

enable the Supplier to provide the Services with broadband service to the Customer

through Next Generation Networks (NGN). If the Customer has previously agreed to

receive the Supplier’s WLR service the Supplier may, at its discretion, transfer the

Customer to its LLU network, provided the Services are substantially the same supplied to

the Customer prior to such transfer. If a NGN is available to the Customer at the time of

the Customer’s transfer to the Supplier, the Supplier may, at its own discretion, transfer

the Customer directly to this network. In all circumstances the Customer telephone line

from the exchange to the Customer premises will continue to be maintained and repaired

by the relevant third party provider and the Supplier shall not be liable in respect of the

maintenance of the Customer’s telephone line and any disruption to the Services which

may occur as a result of that failure.

5.3 The Customer acknowledges that in order to avoid delays occurring in the start of the

Services, the Supplier will need to be notified by the relevant third party provider of any

products or services presently in use on the Customer line that are incompatible with the

WLR or NGN service provided as part of the Services. The relevant third party

provider or other network providers are under a strict duty not to disclose information

about a customer’s services to a third party unless the customer has consented to such

disclosure. In entering into these Specific Conditions the Customer gives consent to the

relevant third party provider or other network providers to disclose such information to

the Supplier. The Customer also gives the Supplier authority to act as the Customer’s

agent to arrange connection to the Services and will provide the Supplier with all

necessary assistance in this regard and indemnify the Supplier for any loss suffered by the

Supplier for the purposes of acting as an agent. If the Supplier is unable to take over the

billing of the Customer line rental, for whatever reason, the Customer hereby authorises

the Supplier to carry the Customer phone calls only through CPS (see below).

6. CARRIER PRE-SELECTION SERVICE (CPS) & LOCAL LOOP UNBUNDLING (LLU)

6.1 CPS & LLU is the routing of the Customer services through a carrier other than BT™. Your

phone line(s) are still maintained by the relevant third party provider’s engineers but the

calls and broadband service are carried on another network. The Supplier reserves the

right to select and, at any time, change any carrier or other service provider for the

purposes of providing the CPS or LLU service. The Customer hereby irrevocably authorises

the Supplier to give all notices, nominations and other authorisations necessary for us to

provide the CPS or LLU service and will provide the Supplier with all necessary assistance

in this regard.

7. PRICING

7.1 The Charges will be calculated in accordance with the Contract.

7.2 Where the Services are supplied without an unlimited call plan, the inclusive minute

allowances specified in the Contract, will be deducted in one minute increments (with any

part minutes rounded up to the nearest minute).

7.3 Where calls are made in excess of the inclusive minute allowance in the Customer’s

Contract, those calls will be charged in accordance with the Supplier’s Charges then in

existence and will be rounded up to the nearest whole penny. In addition, a per call

connection charge will be payable by the Supplier.

7.4 Where the Services are supplied as part of an unlimited call price plan, usage is subject

to the Supplier’s Fair Usage Policy (as defined in the General Conditions).

7.5 In the event that the Customer exceeds the limits included in our Fair Usage Policy:

7.5.1 the Customer will be charged at the Supplier’s then current call Charges;

7.5.2 the Supplier reserves the right to switch the Customer to a more appropriate tariff

or call price plan at any time, to suspend the Services, or to terminate the Services

with immediate effect in the event of excessive calls being made.

7.6 When determining the Charges in relation to the Services, the following will apply:

7.6.1 Local & national calls are numbers beginning 01 and 02 and 03 only and do not

include non-geographic numbers (0845, 0870 etc.) premium rate numbers (09xx)

and Internet access numbers.

7.6.2 Mobile call rates refer to calls to all mobile networks and limited to UK only calls.

7.6.3 Inclusive international minute allowances under a calling card package will be

deducted in one minute increments (with any part minutes rounded up to the

nearest minute). Charges for international calls outside of the Customer inclusive

minute allowances will then be rounded up to the nearest whole penny. In

addition, a per call connection Charge will apply.

7.6.4 The Customer shall be liable for connection charges which apply to all calls except

to calls which are part of an inclusive call price plan (or calling card package) or

calls to free -phone numbers as specified in our Tariff Sheets (defined in the

General Conditions).

7.7 If any part of a bundled service (e.g. phone and broadband) is cancelled, the Supplier will

automatically apply to the Customer its then current Charges for any remaining part of

the Services.

8. CUSTOMER’S OBLIGATIONS

8.1 The Customer agrees and confirms:

8.1.1 to use (and permit the use of) the Services in accordance with the Contract;

8.1.2 to promptly and fully comply with any instructions given by the Supplier from time

to time and any laws, regulations and licenses which apply to the use by the

Customer of the Services or related services;

8.1.3 not to allow an alternative supplier to override, bypass or otherwise interfere with

the provision of the Services either through the installation of equipment or

through the BTTM local exchange during the term of the Contract;

8.1.4 not to use the Services in any way the Supplier considers is or is likely to be

detrimental to the provision of the Services to the Customer, or to the services

we provide to any other customers of the Supplier's customers;

8.1.5 to be responsible for any engineering reprogramming costs or equipment removal

costs that may be required to terminate the services of the Customer’s previous

supplier(s) and to indemnify the Supplier for any loss suffered in respect of such

costs;

8.1.6 not to use the Services in any way which contradicts the Acceptable Use Policy

contained here https://www.elitetechgroup.co.uk/terms-and-conditions 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 to commit a fraud or other criminal offence;

8.1.7 if the Customer is on an unlimited tariff, not to exceed the Supplier’s Fair Usage

Policy.

8.2 If the Customer requests and the Supplier agrees to a change of all or part of the Services,

or a change of the location where the Services are provided to the Customer, the

Customer must complete such formalities as the Supplier shall require, giving effect to

such change. The Customer shall pay to the Supplier its then current Charges to reflect

such change of Services of location change. The Supplier may require payment prior to

effecting such changes. The Supplier shall be entitled to revise the Charges the Customer

pay to reflect the changes agreed with the Customer.

8.3 The Customer is responsible for terminating, at the Customer’s own expense, any

contracts the Customer may have with the Customer’s previous suppliers for services

similar to the Services and the Customer shall indemnify the Supplier for any loss suffered

in respect of such costs.

8.4 The Customer is responsible for terminating, at the Customer’s own expense, any

contracts the Customer may have with the Customer’s previous suppliers for services

which are not compatible with the Services and the Customer shall indemnify the Supplier

for any loss suffered in respect of such costs.

8.5 Minimum system requirements to enable the Services to be delivered will be notified to

the Customer in writing from time to time by the Supplier. The Customer confirms that it

will be responsible for complying with these minimum system requirements and

acknowledges that the delivery of the Services is dependent upon the Customer

complying with such minimum system requirements.

9. REPAIRS TO THE FIXED LINE & SIP TRUNKS & SIP TRUNKS SERVICES

9.1 The Supplier will use its reasonable endeavours to provide the Services on an

uninterrupted basis, but the Customer acknowledges and agrees that from time to time

faults may occur.

9.2 The Supplier is not responsible for repairing and/or maintaining the Customer’s landline

and shall not have any liability in this regard. The relevant third party provider (such as,

BT Openreach™) will continue to have responsibility for maintaining the Customer’s

landline and fix any faults that may occur. Furthermore, if the Customer has a broadband

service on the landline which is not supplied by the Supplier, the Supplier shall not be

responsible for repairing faults at the exchange level or have any other liability in this

regard. The Supplier may, at its sole discretion and where applicable, report any fault to

the party responsible for the service but makes no assurances as to whether this will be

done on all occasions.

9.3 The Supplier will use its reasonable endeavours to correct any defect or fault in the

Services unless such fault is as a result of the fault of the Customer and/or a third party.

The Customer should notify any faults on the Services on the Customer Service & Fault

Notification: 01733 731993, which the Supplier will use its reasonable endeavours to

make available at all times.

9.4 Where a fault in the Services is reported by the Customer to the Supplier, the Supplier will

apply an engineering call out charge if the Supplier sends an engineer to the Customer’s

premises and a fault or failure is on the Customer’s own equipment or use of the Services,

and not in the Supplier’s equipment or the Services, or is caused by accidental damage.

Additional time related charges and replacement equipment costs may also be charged

as part of the Charges.

10. SUSPENSION OF THE FIXED LINE & SIP TRUNKS & SIP TRUNKS SERVICES

10.1 We may suspend the Services (without being liable to compensate the Customer):

10.1.1 the event of a local or national emergency;

10.1.2 to comply with a request from a government or other competent authority;

10.1.3 to protect or provide service assistance to rescue or other essential services or

otherwise;

10.1.4 to maintain the quality of our the Services or to upgrade the Services;

10.1.5 if the Customer fails to pay any amount due to us;

10.1.6 if an event occurs which is beyond our reasonable control;

10.1.7 if the Customer breaches any part of the Contract; or

10.1.8 if the Supplier has a reasonably held suspicion of the Customer’s fraudulent

activity or misuse of the Services.

11. ALLOCATION, NUMBER PORTABILITY AND DAILY RATE RENTAL CREDIT

11.1 The Supplier will use its reasonable endeavours to provide number portability to the

Customer, as soon as reasonably practicable and on reasonable terms, when the

Customer requests so and provided that:

11.1.1 there are no technical or physical reasons preventing the portability of the

number(s) requested by the Customer; and

11.1.2 the Customer undertakes to pay the Supplier’s reasonable charges for such

number portability if applicable;

11.1.3 if the Customer requests a transfer of the Customer’s telephone number from

another telephone provider, the Supplier will use reasonable endeavours to do

this if reasonably practicable and provided that the Customer’s existing telephone

provider agrees to release the number; and

11.1.4 if it is not reasonably practicable, the Supplier will provide the Customer with a

new number(s).

11.2 Any telephone numbers allocated to the Customer by the Supplier (if any) do not belong

to the Customer. The Customer accepts that it does not acquire any rights whatsoever in

such telephone numbers and the Customer must make no attempt to apply for

registration of the same as a trademark, service mark, or domain name or any other

registered intellectual property right in any jurisdiction whether on its own or in

conjunction with some other words or trading style. The Customer is not entitled to sell

or agree to transfer to a third party any telephone number allocated to the Customer by

the Supplier.