SPECIFIC TERMS AND CONDITIONS (“SPECIFIC CONDITIONS”) - HOSTED PHONE SYSTEM SERVICES
1. GENERAL
1.1 The Services are provided by Elite Telecommunication Limited (Company Number 16026481)
(Supplier) a company registered in England and Wales whose registered office is 4 Office Village, Forder Way, Peterborough, England, PE7 8GX.
1.2 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
Seat means one hosted user
Services means the hosted phone system service provided by the Supplier
to the Customer pursuant to the terms of the Contract.
Start Date has the meaning in clause 3 of the General Conditions.
3. EMERGENCY CALLS
3.1 The Services provided to the Customer may be a voice over internet protocol (“VoIP”) or
analogue service.
3.2 The Customer acknowledges that where the Services are VoIP based:
3.2.1 they are dependent on a valid connection to the data network and telephony
network;
3.2.2 the Services allow calls to the emergency numbers 999 and 112 however, calls to
these services may fail if there is a power cut at the Customer’s premises or if the
broadband or telephony connection fails; and
3.2.3 the Supplier accepts no liability for any failure in the Services which may occur by
reasons outside of the Supplier’s control such as a failure in the data network,
telephony network, power supply or other third party failure.
3.3 As part of the Services, the Supplier may be requested to provide a landline. In the event
that, for any reason the Customer does not require the Supplier to provide a landline and
the Supplier agrees to price the Services on that basis, the Supplier strongly recommends
that the Customer maintains a landline for emergency purposes.
3.4 Any information about the location of a call provided to the emergency services is limited
to the location details associated to the Customer’s primary landline, but depending on
the circumstances this may not be where the call was originated. The Customer
understands and acknowledges that the address provided by it, or the location details
associated with the Customer’s primary business landline’s billing address, is the location
that the emergency services will use and that it is the Customer’s responsibility to notify
the Supplier of any changes to this information. In the event that the users of the Services
have the option to work from different permanent locations, the Supplier strongly
recommends that the Customer registers and updates the location information of these
users with the Supplier whenever accessing the Services from a new location or different
locations, so that up-to-date information can be used for emergency location information.
3.5 By ordering the Services, the Customer confirms that it shall be its sole responsibility to
make available to its users of the Services alternative means of accessing emergency calls
services, and to inform or otherwise make aware users of the Services of the possible
limitations of this service set out above.
4. ORDERING THE HOSTED PHONE SYSTEMS SERVICES
4.1 Once the Customer has applied for the Services, the Supplier is authorised to
communicate on the Customer’s behalf with any relevant providers(s) of similar or related
services (e.g. landline, broadband, etc.) to the Customer and to supply to such provider,
for the purposes of and to the extent necessary for arranging performance of the Services,
any information which the Customer may have provided to the Supplier in connection
with the Services. The Customer also hereby authorises its previous telephone or
broadband provider(s) and/or network providers to disclose relevant information to the
Supplier for the purposes of enabling it to provide the Services.
4.2 There may be consequences from the transfer of the Services arising from an existing
contract, such as termination charges, and it is the Customer’s responsibility to check the
terms and conditions of any existing contracts relevant to the transfer of services to the
Supplier. The Supplier shall not and the Customer shall procure that the Supplier shall not
be liable for any costs or charges which the Customer incurs as a result of terminating any
services with another provider.
5. THE SUPPLIER’S OBLIGATIONS
5.1 Subject to the Customer’s compliance with its obligations under this Contract, the Supplier
agrees to provide the Services in accordance with the terms of these Specific Conditions
and, where applicable, to arrange for the delivery of any necessary Supplier Equipment.
5.2 The Supplier shall use its reasonable endeavours to ensure that the Services shall include:
5.2.1 the installation or takeover and rental of one or more fixed telephone line(s);
5.2.2 the ability to make or receive telephone calls;
5.2.3 the ability to send and receive information through the Customer’s telephone
line. For example, from computer equipment;
5.2.4 any one of a range of call price plans that enable the Customer to make
discounted telephone calls;
5.2.5 any other facilities such as caller display that the Supplier agrees to give the
Customer;
5.2.6 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 BT directories, and will be available on directory enquiries
services, unless the Customer informs the Supplier in writing that it does not
require this;
5.2.7 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
5.2.8 any other hosted phone system related services that the Supplier agrees in writing
to provide to the Customer.
5.3 The Supplier can only provide the Services, in areas of the United Kingdom in which it is
technically able to offer telephony and broadband services from time to time.
5.4 The Customer acknowledges that the Supplier is dependent upon certain third parties to
install and provide the Services. The Customer also acknowledges that there may be
physical and/or technical limits that prevent the Supplier from delivering the Services. The
Supplier will use its reasonable endeavours to provide the Services. However, the quality
of the service delivered is dependent on the quality of the broadband service at the
Customer’s location and at the Customer’s exchange and this could vary due to congestion
within the network, the ability of the Customer’s landline to carry data services and the
distance from the exchange. Furthermore, the quality of the service may be reduced at
times.
5.5 It is technically impracticable to provide the Services entirely free of faults. Likewise, the
Customer cannot control the quality of transmission via the internet, and may not be able
to prevent interference of the Services with other existing telecommunications services
received by the Customer, the functioning of computers or software installed in the
Customer’s computer, or other electronic equipment.
5.6 The Supplier cannot guarantee that any data generated, stored, transmitted or used via
or in connection with the Services will be complete, accurate, secure, up to date, received
or delivered correctly or at all.
5.7 The Customer acknowledges that the Supplier does not provide a back-up of the
Customer’s data or guarantee the integrity of the Customer’s data.
5.8 The Customer acknowledges that the Supplier shall not be liable for any hardware or
equipment of the Customer.
6. THE CUSTOMER’S OBLIGATIONS
6.1 The Services are provided solely for the Customer’s use and the Customer must not resell
or attempt to resell the Services (or any part of it) to any person or business.
6.2 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.
6.3 The Services usually include a broadband connection provided by the Supplier. In the
event that the Customer uses:
6.3.1 an alternative broadband connection to transport the delivery of the hosted
phone systems calls, the Supplier shall not be responsible for the connectivity of
the Customer alternative broadband connection with the Services and therefore
the Supplier cannot (and shall not) guarantee calls over that broadband
connection; and/or
6.3.2 the Customer’s broadband connection for downloading data simultaneously, this
can materially affect the quality of the VoIP call and the Supplier cannot (and shall
not) guarantee calls and/or connectivity. Therefore, the Supplier recommends
that the broadband connected to the Services is used solely for voice and not
simultaneously with data downloading.
6.4 The Customer must promptly supply the Supplier with all information and materials
reasonably required by the Supplier to provide the Services.
6.5 The Customer undertakes to use the Supplier Equipment and the Services in accordance
with the terms of these Specific Conditions and with our reasonable instructions and in
accordance with the relevant legislation or other regulatory requirements from time to
time. The Supplier may from time to time vary the technical and/or operational
procedures for the use of the Services.
6.6 In order to use the Services, the Customer will need the Supplier Equipment or Customer’s
own equipment approved by the Supplier in advance. The Customer must also ensure that
compatible cables and extension leads are used with the Services.
6.7 The Customer must not connect any equipment such as PCs, Laptops, IP CCTV and any
other non hosted phone system related equipment to a dedicated hosted phone system
broadband circuit unless previously authorised in writing by the Supplier. In any event,
the Supplier cannot (and shall not) guarantee calls and/or connectivity even if the Supplier
allows the connection of such equipment to the Supplier’s dedicated hosted phone
system broadband circuit.
6.8 The Customer shall not configure any VoIP/IP voice services from other providers to an IP
telephone handset that is configured to be used with the Services, unless prior written
consent from the Supplier has been given.
6.9 The Customer is entirely responsible for evaluating any goods or hosted phone systems
services offered by third parties via the broadband services or on the internet.
6.10 The Supplier has no control over the data that the Customer uploads through the Services.
The Customer shall not upload any material which contained intellectual property rights
owned by a third party through the Services unless it is owner of such intellectual property
rights or it has previously obtained unequivocal express consent from the relevant
owner/licensor.
6.11 The Services may the Customer to have multiple DDI phone numbers to display a main
number on outbound calls or to use presentation numbers identifying a caller’s extension
number behind a DDI switchboard. Notwithstanding the above, the Customer shall not
use this capability to display any other numbers in its outbound calls unless the Customer
is previously authorised in writing by the Supplier. In that case, the Customer agrees and
undertakes that only authentic calling party numbers will be generated. In any event, the
Customer shall not display at any time numbers allocated to third parties (not without the
third party’s express consent in writing) or emergency service numbers. Furthermore, this
number must not be a number that connects to a Premium Rate Service (prefixed 09) or
to a revenue sharing number that generates excessive or unexpected call charges.
6.12 The Customer will fully indemnify the Supplier against all losses, damages, amounts paid
by way of settlement, costs and expenses (including legal fees) of whatsoever nature
suffered or incurred by the Supplier arising out of or in connection with any actual or
potential claims or legal proceedings against the Supplier by a third party because of the
Customer’s use of the Services in breach of the provisions of these Specific Conditions.
6.13 For technical reasons, prior to the Supplier commencing the provision of the Services the
Customer must cancel any other VoIP service supplied by another company over the
broadband service on the Customer’s telephone landline that the Customer wishes to use
to receive the Services. The Customer acknowledges that the Services are provided under
the Supplier’s Fair Usage Policy which can be found at
https://www.elitetechgroup.co.uk/terms-and-conditions
7. CHARGES
7.1 The Customer shall be liable for the Charges in respect of the Services at the rates
specified in these Specific Conditions.
7.2 In addition to the Charges, the Supplier will also be entitled to charge and the Customer
shall be liable for further amounts in respect:
7.2.1 reinstating the Services when they have been discontinued due to the Customer’s
non-payment of the Charges (including any installation or maintenance charges)
or due to the Customer’s breach of any terms of these Specific Conditions.
7.2.2 moving fees Customer changing address and requesting to transfer the Services
to a new address.
7.3 Where applicable, the Supplier will charge the Customer a fixed monthly subscription fee
per Seat in advance as set out below. The fixed monthly subscription fee per Seat may
include an amount to repay the cost of the Supplier Equipment depending on the payment
scheme the Customer chose.
7.4 Calls not included in per inclusive minutes packages will be charged (and inclusive
allowances deducted) in one second increments (with any part seconds rounded up to the
nearest second), individual call Charges may be rounded dependent upon the call tariff or
package chosen by the Customer and the total call Charges rounded up to the nearest
whole penny. In addition, and notwithstanding the preceding sentence, there may be a
per call connection charge and the details of these call connection charges will be specified
in the Tariff Sheet.
7.5 The Supplier’s Fair Usage Policy applies to all call tariffs or packages and the Supplier
reserves the right to disconnect or to switch the Customer to a more appropriate tariff at
any time in the event of excessive call volumes being made.
7.6 If a broadband provider or underlying carrier of the Supplier increases the costs payable
by the Supplier in respect of any element of the Services, then the Supplier shall be
entitled to increase the Charges payable in respect of such element on a pro rata basis.
The Supplier shall provide the Customer with as much notice of any increase of the
Charges as is reasonably practicable in all the circumstances, having regard to (among
other things) the amount of notice provided to the Supplier by the relevant third party
provider in relation to the increase of the costs payable by the Supplier.
7.7 The Supplier may also increase the Charges by giving the Customer 30 days’ written
notice. Without limitation, such notice may be contained in the billing information
provided to the Customer.
7.8 The Customer’s liability for Charges starts from the Start Date whether or not use is made
of the Hosted Phone Systems Services. The Customer is liable for the Charges even where
the Hosted Phone Systems Services are used or calls are made by third parties either with
or without the Customer’s knowledge or consent.