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Terms & Conditions
Chalvington Group is a company registered in England and Wales.

 

 

OVERVIEW

 

Please find below our most recent and up to date Terms & Conditions of Business.

1. DEFINITIONS

The following words have the following meaning:

1.1 “The Agreement” means these and/or any Service specific Terms and Conditions and the Customer Order Form or Purchase Order.

1.2 “Chalvington Group”, “Chalvington Comms”, “Chalvington Network Services”, “Chalvington Mobiles”,

Chalvington ICT Solutions” and Chalvington Energy” mean the Telecommunications, ICT and Business Service Provider, which is a part of Chalvington Communications Ltd, Registered No 750547825, Registered Office 18 Hyde Gardens Eastbourne, East Sussex, and may also be referred to as “We”, “Our” and “Us”.

1.3 “B.T.” means British Telecommunications PLC.

1.4 “B.T. Openreach” are a division of United Kingdom Telecommunications operator BT Group, established

after BT reached an Agreement with Ofcom to implement certain undertakings, pursuant to the Enterprise

Act 2002, after Ofcom’s strategic review of telecommunications.

1.5 “Service Provider” a company that provides a specific Service or Services.

1.6 “Customer” means the Company, Partnership, Sole Trader or other legal entity named in the Customer

Order Form, and may also be referred to as “You” or “Your”.

1.7 “Order Form” means the accompanying document titled Order Form containing details of the Customer

and Services or Purchase Order provided by the Customer.

1.8 “Purchase Order” means the instruction to supply Goods or Services or acceptance of a Quotation, provided to Us by the Customer in writing (by post, fax or email).

1.9 “Accepted Quotation” means a quote We have provided for Goods or Services, which the Customer has indicated their acceptance of either verbally (for which a recorded call will be retained) or in writing (by post, fax or email).

1.10 “Data Services” means the Services relating to Data and specified in the Customer Order Form.

1.11 “Equipment” means any Equipment supplied by the Chalvington Group to the Customer.

1.12 “Line Rental” means Rental of the Customer’s telephone Lines previously supplied by B.T. or other

Service Providers.

1.13 ”Minimum Term” means the minimum term shown on the Customer Order Form, Purchase Order, Accepted Quotation, or where applicable the Term specified in a particular section of these Terms and Conditions.

1.14 ”Services” means the Services requested by the Customer and particularised in the Customer Order

Form, Purchase Order or Accepted Quotation.

1.15 “Goods” means products provided by the Chalvington Group, including but not limited to Equipment,

Cabling, Hardware and Software products as particularised in the Customer Order Form, Purchase Order or Accepted Quotation.

1.16 “Third Party” means any Person, Organisation or Business which is not part of, or employed by the Chalvington Group.

1.17 “Standard Rate” means the set charge for Goods or Services including but not limited to Equipment, Remote Support and On-Site Labour, full details of which are available on request.

2. NETWORK AND DATA SERVICES

2.1 We will supply and charge the Customer for Calls, Line Rental and xDSL as set out in the Network/Data

Services Plan (and amended at Our discretion). We will invoice the Customer by email monthly in arrears for

Call Charges and in advance for Line Rental. The Customer must pay the invoice by the eighteenth (18th) day

of the month of invoice by Direct Debit (where the Customer fails to complete the Direct Debit form, a £4.50 (£5.50 from 1 January 2015) surcharge shall be added to the charges and where the Customer fails to accept invoicing by email, there will be a monthly postal charge of £2.50 (this is also applicable for any replacement invoice sent by post).

2.2 Our Network Service Tariffs include, but are not limited to: UK Local and National Geographic numbers (01, 02), UK Mobile numbers (O2, Vodafone, T Mobile, Orange, EE), Non Geographic numbers, Special, Satellite and Freephone numbers (0845, 0870, 0871, 0700, 090, 0800, 03), European numbers (Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, Spain, Sweden and Switzerland) and other International numbers during business hours (08:00h to 18:00h Monday to Friday). Any queries regarding these should be addressed prior to acceptance of the relevant Agreement.

2.3 If the Customer fails to make any payment by the eighteenth (18th) day of the month of invoice, a late

payment fee of £5.00 will be automatically applied. If the Customer fails to make any payment within twenty one (21) days of the date stated on the invoice, We may suspend the Services and to reactivate there is a charge of £35.00 per line. Reactivation of Services may take up to forty eight (48) hours and includes working days only (Monday to Friday).

2.4 If the Customer is unobtainable and/or bills remain unpaid, We reserve the right to suspend Network/Line

Services for forty eight (48) hours. If contact is still not made after a further twenty four (24) hours, or payment of the full amount due is not received within seven days of suspension, Network/Line Services may be ceased. This may result in telephone numbers being lost and new installation costs to reinstall Lines.

2.5 FRAUD MONITORING

2.5.1 We provide cover for dial-thru telephone fraud (where a Third Party/’hacker’ gains unauthorised access to a telephone system or line and uses it to make calls to numbers that generate a return for them) as standard on all telephone numbers we support at a cost of £0.95 per active telephone number.

2.5.2 The Service provides cover for one (1) single instance of fraud from one (1) single source within a twenty four (24) hour period (which begins from the time of the first fraudulent call), for Carrier Pre-Selected (CPS) calls made to destinations other than UK Geographic and UK Mobile numbers. Should calls to destinations other than those specified exceed £500.00 within the twenty four (24) hour period, an automatic bar on activity/outgoing call traffic will

be placed until the customer has been contacted and agrees to lift the bar. The Customer excess for this is the first £500.00 of any claim.

2.5.3 The Customer must be able to prove that the activity under investigation is fraudulent and that sufficient measures have been taken to ensure adequate protection including but not limited to; implementation of secure passwords for telephone system voicemail, controlled external access to mailboxes and timed telephone system functionality.

2.5.4 In the event that a subsequent instance of fraud re-occurs from a previous source, We reserve the right to refuse cover should the Customer fail to implement measures recommended by Us which they are reasonably able to do.

2.5.5 For Session Initiation Protocol (SIP) Customers, Fraud Monitoring is subject to daily and or weekly spend limits as agreed with the Customer. An automatic bar on activity/outgoing call traffic is applied once qualifying calls (see 2.5.2) exceed the agreed limit, the amount for which is also the excess for any claims.

2.6 There may be occasions when telephone Calls ‘leak’ over the Chalvington Network during or following the transfer of Services from Our Network to a Third Party. It is the responsibility of the Customer to pay these charges as calls cannot be billed twice.

2.7 In the event of leakage over a Third Party Network (e.g. BT) while Services are retained by Us, We reserve the right to levy additional charges for costs which We may incur as a result.

2.8 We take no responsibility for any additional costs incurred should BT Openreach decide that any work is required further to the work quoted in order to provide the Customer with their Service.

2.9 We take no responsibility for missed appointment charges. The Customer will be informed of the date

and time slot of their appointment and if the BT Openreach engineer is unable to gain access to the premises in

order to carry out their work, We will levy a ‘Missed Appointment’ charge. Should the BT Openreach engineer fail

to attend during the agreed time slot, it is the responsibility of the Customer to inform Us of such failure within

one working day.

2.10 We take no responsibility for any Services lost or not retained, permanently or for a period of time, including CLIs (Caller Line Identification, your telephone number) by BT Openreach.

2.11 We take no responsibility for any termination charges or additional charges brought by any losing party as a result of the transfer of your Service, unless specifically obtained in writing, from a representative of Chalvington Group, prior to the signing of any Agreement or Purchase Order, or the acceptance of any Quote.

2.12 In the event that the Service migration date is changed following a request by the customer, a charge of £15.00 per number will be due in respect of BT Openreach and administration costs.

2.13 We take no responsibility in configuring the xDSL Service to work with the Customers Network and/or Computers. Visits to site where connection has not been completed successfully following remote technical support will be charged at our Standard Rate.

2.14 We may obtain Telecommunication Services from a carrier in order to supply the Data Services to the Customer.

2.15 The Customer accepts that it is technically impracticable to provide Telecommunication and Data Services which

are entirely free of fault and that We do not undertake to do so, therefore We cannot offer compensation for any downtime experienced on Standard Care Lines. We may offer a gesture of goodwill payment for Lines with Enhanced Care where faults take longer than forty eight (48) hours to resolve.

2.16 The Customer accepts that they may not be able to receive Data Services due to certain technical restrictions. If such technical restrictions are discovered after the date of the Agreement, We shall have the right to immediately terminate the Agreement in whole or in part without prejudice to any of its rights under the Agreement.

2.17 Any installation fees associated with the Network/Data Services shall be payable within fourteen (14) days of the date of invoice.

2.18 All fees are subject to change from time to time. In the event that this becomes necessary or the carrier increases its fees, details of any such increase shall be provided to the Customer as soon as reasonably possible.

2.19 Nothing in this section of the Agreement shall affect the party’s rights of termination or after termination in the general provisions of the Agreement.

3. MOBILES

3.1 Should the Customer terminate the Mobile Telephone Agreement prior to the end of the Minimum Term or fail to settle termination costs, they will pay to Us any charges levied by the relevant Network as a result.

3.2 Goods or Services ordered at a distance (e.g. over the telephone or online) may be cancelled within seven (7) working days from the day after placing the order without liability to Us, but may not be cancelled once We have provided any part of such Goods or Services to the Customer within the Agreement.

3.3 Requests by the Customer to return Goods/Equipment must be made within one (1) working day of delivery of the Goods/Equipment and are subject to Our approval.

3.4 The Customer agrees that failure to provide any payment due to the Mobile Service Provider within the agreed Terms and Conditions of Service will render them liable for any costs/charges incurred by Us as a result and will be payable to Us on demand.

3.5 It is the responsibility of the Customer to check the suitability of any Mobile Telephone Hardware including but not limited to: handsets, tablets, dongles and signal coverage of the designated Service Provider for their needs before an order is place with Us.

3.6 Nothing in this section of the Agreement shall affect the party’s rights of termination or after termination in the general provisions of the Agreement.

4. FINANCE AND CREDIT

4.1 The Customer hereby consents to and will arrange to obtain the consent of its Owners, Directors, Officers and Assigns, to enable Us to carry out searches with credit reference agencies relating to the credit worthiness of the

Customer and/or its Owners, Directors, Officers and Assigns. The Customer undertakes to supply or procure the supply of all information requested for a credit search with a Credit Reference Agency, who will add to the Customer’s records and/or those records of its Directors, Officers and Assigns details of the searches and these will be seen by other organisations that make searches.

4.2 It is agreed that where We approach a Finance Provider to arrange Finance for the purchase of Equipment then We act as an agent for the Customer and not for the Finance Provider.

4.3 The Customer undertakes to supply all information requested by the selected Finance Provider(s) who will register searches with one or more Credit Agencies and will add to the person’s records, details of the searches which will be seen by other organisations that make searches.

4.4 Where Third Party indemnities are required by the Finance Provider, failure to provide such indemnities shall constitute a breach of these Conditions and shall entitle Us to retain any deposit paid by the Customer.

4.5 After Delivery and when Installation (where applicable) has been completed, any failure by the Customer to complete the Finance Agreement documentation and commence payment in accordance with the terms of the Finance Agreement shall render the Customer liable to pay to Us the whole of the Price (plus VAT) within seven (7) days of presentation of an invoice.

4.6 At the end of the Finance Agreement (where notification is received by Us from the relevant Finance Provider), We will write to the Customer advising them of their options and requesting a response within a specified time frame.

4.7 We will call the Customer prior to the end of the specified deadline to confirm their choice of action. In the event that they cannot be reached, the Customer will be sent an email requesting confirmation of their decision.

4.8 If no written response is received from the Customer by the specified deadline, or We have been unable to reach them by telephone and email, We reserve the right to take this as notification that they wish to purchase title of the Equipment and an invoice will be provided accordingly.

4.9 At the end of the Finance Agreement, any Customers not wishing to take full ownership of the Equipment are liable to send all Equipment back to Us at their own cost.

4.10 Once the Finance Agreement is terminated if ownership is not taken, the Customer has seven (7) days to

return the Equipment, at their own cost, or incur charges of £25.00 per day. Removal of the Equipment by an engineer will be charged at Our Standard Rate.

4.11 If Equipment is not returned by the Customer, We or a nominated Third Party may enter upon any premises of the Customer or any Third Party where the Equipment may reasonably be believed to be stored and collect the Equipment without obstruction from the Customer or any other Third Party, the cost of which will be payable by the Customer.

4.12 Should returned Equipment be incomplete, We reserve the right to invoice the Customer for 50% of the suggested retail price of each missing item.

4.13 Nothing in this section of the Agreement shall affect the party’s rights of termination or after termination in the general provisions of the Agreement.

5. EQUIPMENT PAYMENT

5.1 Cash Sales: A deposit equal to one half of the Price (Plus VAT) is required at the time of placing an order. The balance of the Price (Plus VAT) as defined, is payable immediately upon completion of Delivery.

5.2 Finance Plans: Where payment is arranged through a Finance Provider, payment shall be in accordance with the terms of the Finance Agreement.

5.3 Unless otherwise specified, the Price is based on the assumption that the Equipment and (where applicable) Installation Services will be completed in one visit to the site. Accordingly, We may at Our discretion at any time, increase the Price to take account of any additional costs to Us (including but not limited to storage and delivery costs) by reason of delivery taking more than one visit.

5.4 Payment of all sums due to Us shall be made without any set-off whatsoever.

5.5 Nothing in this section of the Agreement shall affect the party’s rights of termination or after termination in the general provisions of the Agreement.

6. SUPPLY AND DELIVERY OF EQUIPMENT

6.1 It is the responsibility of the Customer to satisfy themselves that the Equipment ordered will meet their requirements.

6.2 We will use our best endeavours to deliver Goods in accordance with the Customers’ requirements but will not be responsible for any consequences of late delivery howsoever caused.

6.3 If the Customer fails to take delivery of the Equipment, or if by reason of any instructions or lack of instructions from the Customer, the delivery of any Equipment, in accordance with the Contract, is delayed for more than twenty eight (28) days, after We have given notice in writing to the Customer that the Equipment is ready for delivery, the Equipment shall be deemed to have been delivered in accordance with the Contract and thereafter the Equipment shall be deemed to be at the risk of the Customer. The Customer shall pay to Us, the reasonable costs of storing, protecting and preserving such Equipment after the expiry of such period of twenty eight (28) days.

6.4 If by reason of refusal or delay of delivery or installation, the Equipment shall be deemed to have been delivered in accordance with condition 6.3, then payment shall be made by the Customer to Us for the balance of the price within seven (7) days of such deemed delivery date.

6.5 The Customer will examine Goods immediately on delivery and immediately notify Us of any shortages/damages. We reserve the right to reject claims in respect of shortages or damage in transit or non-delivery eight (8) working hours after the due date for delivery.

6.6 Nothing in this section of the Agreement shall affect the party’s rights of termination or after termination in the general provisions of the Agreement.

7. ICT SOFTWARE

7.1.1 The Customer undertakes to comply strictly with any license requirements on software supplied by Us that are imposed by the Chalvington Group or any Third Party from whom the software has been originally licensed.

7.1.2 Programs from Third Parties are supplied by Us according to the manufacturer’s specification.

7.1.3 It is the Customer’s responsibility to confirm that all programs, whether manufactured by Us or by a Third Party, suit the Customer’s purposes prior to purchase.

7.1.4 We accept no liability for any loss or damage (whether consequential, economic or otherwise) from a failure on the part of the Customer to adhere to the licensing requirements of any software.

7.1.5 The Customer agrees to reimburse or refund any costs, legal expenses or damages incurred by Us by reason of the Customers failure, intentional or otherwise to adhere to the licensing requirements of any software.

7.1.6 Any program designed and manufactured by Us is only warranted to work according to our provided specification and provided that the Customer strictly complies with any instructions from Us

7.2 DATA SECURITY

7.2.1 It is the responsibility of the Customer to ensure that adequate backup copies of system, program and Data files are taken. We may advise on the frequency and method of such backing up but take no responsibility for any problems arising from inadequate backup process or availability.

7.2.2 It is the responsibility of the Customer to ensure that the power supplied to the computer and ancillary Equipment is of a stable nature and not subject to interference from other electrical or electronic Equipment. We take no responsibility for any loss or damage resulting from an insufficient or unstable power supply.

7.3 Engineering services outside of Maintenance Agreements are charged at Our Standard Rate in either hourly, half daily or daily increments.

7.4 Nothing in this section of the Agreement shall affect the party’s rights of termination or after termination in the general provisions of the Agreement.

8. MAINTENANCE, INSTALLATION AND ENGINEERING SERVICES

8.1 The Period of Maintenance will start on the installation date and continue for the Standard Minimum Term or the period of the lease/hire Agreement, whichever is greater unless otherwise specified on the Order Form, Purchase Order, Accepted Quotation, or the individual Service Agreement.

8.2 The Customer shall at all times:

a. Immediately notify Us of any information We reasonably require to enable Us to proceed with the performance of the Services.

b. Afford Our staff and other authorised personnel full and safe access to the installation address to enable Us to carry out the Maintenance or Installation Services.

8.3 Where a date/time for on-site Service has been agreed, the Customer accepts that failure to provide access when specified will result in charges for time at our standard rate which will be payable to Us on demand.

8.4 If Equipment becomes faulty and Maintenance has not been taken out, this becomes the responsibility of the Customer and any assistance provided by Us or new Equipment purchased, will be at their cost.

8.5 Engineering services outside of Maintenance Agreements are charged at Our standard rate (details available on request) in either hourly, half daily or daily increments.

8.6 For full Terms and Conditions of Maintenance and Service Agreements, it is the responsibility of the Customer to refer to the individual Support Agreement, or Our website (www.chalvingtongroup.com).

8.7 Nothing in this section of the Agreement shall affect the party’s rights of termination or after termination in the general provisions of the Agreement.

9. GENERAL PROVISIONS INVOICING AND PAYMENTS

9.1.1 All sums due to Us under the Agreement or quoted for by Us in relation to Goods and Services are exclusive of Value Added Tax and any other applicable taxes, which may from time to time be introduced unless otherwise specified in writing. These shall be charged in accordance with the relevant regulations in force at the time of making the taxable adjustment and must be paid by the Customer.

9.1.2 Any disputes arising from invoices received are to be notified to Us in writing within seven (7) days of the invoice date.

9.1.3 If payment should not be received within thirty (30) days from the date of invoice, We will be entitled to charge the sum of £85.00 per invoice in administration costs incurred in taking steps to secure payment. In addition to these costs, a special administration fee of £100 will also be chargeable should the debt go to a third party for recovery.

9.1.4 If payment of non-Network and Data Service invoices should not be received within forty five (45) days from the date of invoice, we reserve the right to restrict Services or Functionality of any Equipment which is supplied and/or maintained by Us, until such time as full settlement has been made.

9.1.5 Unpaid cheques and returned requests for Direct Debit, where We have not been notified in advance by the Customer, for reasons including but not limited to: changes in banking details, cancellation of the instruction and insufficient funds are chargeable at £35.00.

9.1.6 We reserve the right to allocate monies We hold from the Customer under other Agreements they have with Us to cover any outstanding amounts the Customer owes Us.

9.1.7 Should the Customer fail to settle any amount due following the termination of Services, We reserve the right to automatically debit the amount from any direct debit mandate that may be set up in Our favour at the time without obstruction by the Customer.

9.1.8 Should We fail to charge for Goods or Services immediately following their provision whether by Our failure to charge or charges being supplied to Us late by a Third Party, it will not constitute a breach or waiver Our right to request payment.

9.1.9 We reserve the right to charge for administration costs with regard to extraordinary activity on Your

Account, including but not limited to repeated requests for information and dealing with invalid disputes. Any

letters sent following the initial response to resolve a query, may be charged at £15.00 per letter and copy

invoices provided in any medium other than email, may be charged at £1.50 per invoice.

9.2 RETENTION OF TITLE

9.2.1 All Goods remain Our property until paid for in full.

9.2.2 Should payment not be received by Us in full within the agreed Terms, We shall be entitled to require the Customer to deliver up the Equipment to Us and if the Customer fails to do so forthwith, to enter upon the premises of the Customer and repossess the Equipment without obstruction by the Customer. The Customer will also pay to Us any sums lost or incurred as a result of this.

9.3 INCENTIVES AND BONUSES

9.3.1 From time to time We may offer incentives to Our Customers. Should the Customer decide not to utilise these offers, We are not obliged to offer an alternative.

9.3.2 Any incentives/free Services offered by Us must be used within twelve (12) calendar months of the commencement of The Agreement unless otherwise stated on the Order Form, Purchase Order or Accepted Quotation. No Carry-over is permitted.

9.4 DURATION, CANCELLATION AND TERMINATION

9.4.1 In signing this Agreement, the Customer agrees to pay for the Services specified in the Order Form, Purchase Order or Approved Quotation for a minimum term of thirty six (36) calendar months unless otherwise specified in the Terms and Conditions or the additional notes section of the Order Form.

9.4.2 The Customer agrees that signing this Agreement will terminate any corresponding Service Agreements with their existing Service Provider including but not limited to Calls, Line Rental and xDSL. The Customer authorises Chalvington Communications Ltd to use all information they provide in order to liaise directly with the Service Provider.

9.4.3 No cancellation, suspension or variation of an order requested by the Customer shall be valid unless agreed by Us in writing. In the case of the Customer cancelling before installation/delivery, they shall be subject to provide payment to Us in compensation for expense incurred in connection with the order and for loss of profit amounting to 25% of the invoice value.

9.4.4 Following the relevant Minimum Term, the Agreement may be terminated at any time by either party giving the other not less than three (3) calendar months written notice.

9.4.5 If the Agreement is terminated by the Customer before the expiry of the Minimum Term, We reserve the right to charge the full Rental of Services in relation to any unexpired part of the relevant term, as well as Call charges based on the average Calls invoiced during the previous three (3) calendar months.

9.4.6 If the agreement is terminated following the expiry of the Minimum Term, all tariffs and pricing will revert to Our Standard Rates until the relevant services have ceased billing on Our Network or moved to a Third Party.

9.4.7 Without prejudice to any other rights or remedies under the Agreement or at law, We may terminate the Agreement, or cancel the Services at any Site immediately by serving written notice on the Customer if:

a. the Customer becomes insolvent or is subject to a court winding up order, or

b. the Customer commits the breach of any material obligation under this Agreement and in the case of a remediable breach, fails or is not capable to remedy the breach within fourteen (14) days of receiving written notice to do so from Us – following which all Service/Maintenance charges to the end of the relevant Minimum Term/s and Call charges based on the average Calls invoiced during the previous three (3) calendar months will become due.

9.4.8 On termination of this Agreement for any reason the Customer will:-

a. Pay Us all outstanding charges due under this Agreement, in full and on demand.

b. If a Company changes ownership, it is the responsibility of the signatory on the Order Form to secure and provide payment for all outstanding invoices.

c. If a Company changes ownership, the new Owner takes responsibility for payment of any Services provided by Us and must transfer or request the cease of any Services it does not wish Us to continue to provide within thirty (30) days or enter into a new Minimum Term Agreement.

d. If a Company changes ownership and the new Owner fails to complete the requested documentation, We reserve the right to suspend Services. Should the requested documentation not be received within the specified time period, all services on the relevant account will be ceased. This may result in telephone numbers being lost and new installation costs to reinstall Lines.

9.5 WARRANTIES AND LIABILITY

9.5.1 Goods supplied to the Customer will be subject to the manufacturer’s warranty, however it is always recommended that the Customer purchase a Maintenance contract in addition to any warranty.

9.5.2 We shall be under no liability for any damage or loss (whether consequential, financial or otherwise) arising or said to arise from the use of any products sold by Us. Where Goods are supplied by Us and are used in conjunction with Goods supplied by a Third Party, Our responsibility shall be limited solely to the correct working and functioning of the Goods We have supplied.

9.5.3 We shall not be under any liability whether in contract, tort or otherwise and whether or not resulting from Our negligence or that of Our Employees, Servants or Agents, in respect of Goods delivered or for any damages or loss resulting from the use of Goods.

9.6 PROVISION OF NOTICES AND HANDLING OF COMPLAINTS

9.6.1 The Customer may send Us notices under or in connection with this Agreement by post to Chalvington Group, 6 & 7 Apex Business Park, Hailsham, East Sussex, BN27 3JU; by email to info@chalvingtongroup.com; or via our website at http://www.chalvingtongroup.com/contact-us/.

9.6.2 Should the Customer wish to complain about the Goods or Services provided by Us, they may do so by: Calling 01323 440555, writing to Us at 6 & 7 Apex Business Park, Hailsham, East Sussex, BN27 3JU, or emailing resolutions@chalvingtongroup.com. Full details of our Complaints Policy may be found at www.chalvingtongroup.com/policies/.

9.6.3 Any notices provided to Us by post should be sent via recorded delivery, notices sent by email should request a read receipt. Failure to provide proof of postage/reading for items sent which are not received by Us will render the notice void.

9.6.4 If the Customer is not happy with the outcome of a complaint, they may contact the Ombudsmen Service, the details of which are available on request.

9.7 MISC

9.7.1 The Customer agrees that by signing this Agreement, they are using the Services for Business Purposes, are not a Consumer, have read and accept Our Terms and Conditions and are legally able and duly authorised, to enter into this Agreement. The Customer acknowledges that We occasionally monitor and always record calls made to Us or by Us relating to Our business. We do this for training purposes and to improve the quality of Our Customer Services, including complaint handling and resolution of disputes.

9.7.2 The Customer agrees that any information including but not limited to personal, trading location and status provided to Us, is true, accurate, current and complete in all respects and that any changes will be notified to Us immediately in writing or by calling Us on 01323 440555.

9.7.3 In the event of fraudulent activity by the Customer, the Customer agrees to return any and all Goods/Equipment related to the fraud and shall pay all costs/charges incurred by Us as a result on demand.

9.7.4 We will use reasonable endeavours to provide the Customer with the Services/Equipment as detailed on the Order Form, by the date We agree and any delay in the execution of any Service Provision/Installation of Equipment, shall not be sufficient cause of cancellation of this contract.

9.7.5 Requests by the Customer to return Goods/Equipment must be made within one (1) working day of delivery of the Goods/Equipment and are subject to Our approval. Approved returns must be sent recorded delivery and received by Us unused and in the original undamaged packaging within twenty four (24) hours of authorisation. All returns are subject to an administration fee of £25.00+vat.

9.7.6 Where there are two or more parties as a Customer they are liable individually and together.

9.7.7 We may, at any time, increase the cost of Services by giving the Customer fourteen (14) days written notice or if less as much notice as is reasonably possible under the circumstances.

9.7.8 Change of Location – the Customer will not move any of the Equipment, nor remove the Equipment from its location as at the commencement date without Our prior written consent, (such consent not to be unreasonably withheld) nor any Network/Data Services for which the relevant Minimum Term has not yet expired. Where We consent to such relocation, We shall provide a relocation and installation Service, the cost of which shall be paid by the Customer in accordance with Our relevant Standard Rates and in addition to any other charges under the Agreement.

9.7.9 We take no responsibility for any damage, loss or inability to provide Services due to a Force Majeure/Act of God including but not limited to: Flood, Fire, Earthquake, and also including acts of Third Party theft or criminal damage, and accidental damage to property.

9.7.10 We take no responsibility for economic or other indirect or consequential loss including but not limited to: loss of profits, business, revenues or goodwill (including any such loss or damage payable to the Customer by a Third Party as a result of action brought by a Third Party), even if the loss was reasonably foreseeable or We had been advised of the possibility of the Customer incurring it and whether arising from negligence, breach of contract, statutory or otherwise.

9.7.11 The Agreement is the entire Agreement between the Customer and Chalvington Group.

9.7.12 The Agreement applies to all items of Equipment/Goods individually. If any item fails, it will not affect the rights and liabilities of either party for the other items.

9.7.13 The Customer’s duties under the Agreement will continue and will not be affected by the breakdown, theft, loss, destruction of or damage to any Equipment/Goods.

9.7.14 Notices under the Agreement must be made in writing and delivered by hand or sent by post to the other party’s address. The address will be the one stated in the Agreement, the Registered Office or the last known address of the other party. The notice will be taken to have been delivered on the date it was delivered by hand or within twenty four (24) hours after the date it was posted.

9.7.15 We reserve the right to assign, sub-contract or otherwise deal with all or any of its rights and obligations arising under the Agreement. The Customer may not assign this Contract without first having received written authority from Us. Such authority not to be unreasonably withheld.

9.7.16 There can be no variation to the terms of the Agreement unless approved in writing by both parties.

9.7.17 We are obliged to comply with an order, instruction or request of the Government, an Emergency Services organisation or other competent Administrative Authority; or if We have reasonable grounds to believe that the Services are being used fraudulently.

9.7.18 The unenforceability of any one term of the Agreement will not affect the enforceability of any other terms.

9.7.19 No person or body who is not a party to the Agreement has any rights under the Contracts Act 1999 to enforce any of the Agreement.

9.7.20 The Agreement is governed by English law and disputes will be subject to the exclusive jurisdiction of the English Courts.

9.7.21 The Customer shall not engage, employ or otherwise make use of any employee, representative or agent of Chalvington Group whether independent or otherwise during the life of this Agreement or within a period of twelve (12) calendar months following termination of this Agreement. Should such a person be engaged, employed or otherwise used by the Customer, the Customer shall make payment to Us a placement fee equivalent to twelve (12) calendar months remuneration, or a fee such is likely (in Our opinion) to be the equivalent thereto.

CONTACT
CONTACT INFORMATION

If you have any questions about how Chalvington Group uses your personal data that are not answered here, or if you want to exercise your rights regarding your personal data, please contact us by any of the following means:

– phone us on: 01323 440555

– e-mail us at: p.hewett@chalvingtongroup.com

– write to us at: Chalvington Group, Units 6&7 Apex Business Park, Apex Way, Hailsham BN27 3JU

You have the right to lodge a complaint with the Information Commissioner’s Office.  Further information, including contact details, is available at https://ico.org.uk

Date: Sept 2019

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