Terms and Conditions
Act means the Telecommunications Act 1984 and includes any
amendments to the Act that may be made from time to time.
IC communications means Ian Meredith T/A: IC communications
Customer means the person, partnership or company detailed
Service means the service or services requested by the Customer
overleaf and to be provided to the Customer by IC communications.
Agreement means this agreement entered into by and between
IC communications and the Customer and is subject to both
the terms set out overleaf and those herein.
ICSTIS means The Independent Committee for the Supervision
of Standards of Telephone Information Services.
This Agreement shall come into full force and effect from
the date of acceptance by IC communications as indicated overleaf
and shall continue for a minimum period of twelve months whereupon
it will then continue unless terminated by either party giving
the other not less than three months prior written notice
or unless terminated by IC communications subject to Section
9 of this Agreement.
2) Use of Service
2.1) IC communications shall provide the Service to the Customer
subject to the Agreement and subject to availability and shall
exercise all due care in the provision and maintenance of
the Service to provide high quality and reliability.
2.2) All information relating to the Customer collected by
IC communications in the course of providing the Service shall
remain confidential between the Customer and IC communications
subject only to the permitted uses of that information under
the Agreement or as may be required under the Act or any other
regulations relating to the Service and except that IC communications
at its sole discretion may use data about use of the Service
by the Customer as part of any report or publication without
revealing the identity of the Customer.
2.3) The Customer undertakes to use the Service in accordance
with the conditions set out herein and such variations as
may be notified in writing from time to time to the Customer
by IC communications and in accordance with the Act or any
other regulations relating to the Service.
2.4) The Customer shall indemnify and hold harmless IC communications
against all liabilities, claims, losses, damages or expenses
arising directly or indirectly or in any way associated with
any use of the Service by the Customer or provision of the
Service by IC communications.
2.5) The Customer shall not use or allow use of the Service
in any manner or for any purpose unlawful or offensive.
2.6) The Customer shall notify IC communications immediately
upon becoming aware of any failure or malfunction in the Service.
2.7) IC communications shall correct any failure or malfunction
in the Service as soon as is reasonably practicable.
2.8) The customer recognises that the service is not guaranteed
to be "continuous" and that there may be periods
of time when the service is unavailable for operational or
3) Provision of Information
3.1) The Customer undertakes to provide to IC communications
free of charge and in full co-operation any information reasonably
required by IC communications in order to fulfil its obligations
under the Agreement.
3.2) IC communications shall at its sole discretion use this
information for any credit reference or debt collection purpose
including disclosure to and use by its agent or agents acting
on its behalf.
The rental prices in this agreement shall not change during
the first twelve months of this Agreement after which time
they may be changed subject to thirty days notice in writing
being provided to the customer. Call charges are changing
frequently, whereas the general trend is that they are decreasing,
this cannot be guaranteed and they may change at any time
5) Acceptance by IC communications
5.1) A pre-requisite of acceptance of this agreement by IC
communications is that the customer supplies a complete copy
of their latest telephone bill to IC communications.
5.2) If credit card payment is opted for, then it shall be
permitted, provided that the customer supplies IC communications
with a copy of the credit card statement clearly showing the
card-member's name and the credit limit applied to that card.
6) Liability & Compensation
6.1) If the service provided by IC communications is not available
for any reason for a continuous period in excess of forty
eight hours and a customer makes a request by telephone and
confirms it in writing to IC communications during the period
in which the service is unavailable, the customer shall be
paid compensation in the amount of double the amount of rent
which the customer has paid for the period when the service
6.2) Under no circumstances shall the amount paid in compensation
exceed the amount paid in rent by the customer. IC communicationsshall
have no liability whatsoever to the Customer in contract,
tort or otherwise, including any liability due to negligence
for loss of goodwill, revenue, anticipated savings, profit
or for any direct, indirect or consequential financial loss
7.1) The Customer shall pay for use of the Service according
to IC communications’s tariff as amended from time to
7.2) Usage charges payable by the Customer shall be calculated
by IC communications according to data recorded by IC communications.
7.3) IC communications shall invoice the Customer monthly
in arrears for use of the Service and for any standing charges
as indicated overleaf but the Customer is required to maintain
the account in credit at all times.
7.4) Where the Customer pays by Direct Debit they will receive
at least fourteen days notice in writing of the Direct Debit
to be taken. Any sums owed by the Customer outside these payment
terms shall attract interest at the rate of 5% per annum above
the Barclays Bank Lending Rate.
7.5) The customer may if preferred, pay by credit card.
7.6) All sums due to IC communications under the terms of
the Agreement are inclusive of Value Added Tax and/or any
other taxes applicable at the appropriate rate, such taxes
to be paid by the customer.
7.7) Failure to pay on time may result in
services being suspended or terminated at the discretion of
IC communications (subject to section 8).
8) Suspension of Service
8.1) In the event that the Customer is in breach of the Agreement,
provision of the Service to the Customer may be suspended
forthwith by IC communications upon notification to the client
orally followed by written notification without liability
to the Customer and until further notice.
8.2) Suspension of the Service will entitle IC communications
to payment on demand of all amounts owed by the Customer under
the Agreement whether already invoiced or not.
8.3) The Customer shall pay IC communications all reasonable
costs associated with such suspension of the Service and subsequent
re-connection if it occurs.
9.1) Without prejudice to their rights under the Agreement
expressed or implied the Customer or IC communications shall
have the right to terminate the Agreement in the event that
the other party is in default either in observation of or
in performance of its obligations under the Agreement and
in the case of rectifiable default fails to rectify the default
within a reasonable time specified by the non-defaulting party
9.2) Without prejudice to their rights under the Agreement
expressed or implied IC communications may terminate the Agreement
in the event that a liquidator, trustee in bankruptcy, receiver
or administrator is appointed in respect of the assets and/or
business of the Customer or if the Customer is deemed insolvent
according to the Insolvency Act 1986, or if any licence under
which the Customer operates its business is revoked, amended
or ceases to be valid.
9.3) Without prejudice to their rights under the Agreement
expressed or implied IC communications may terminate the Agreement
in the event that its licence under the Act is revoked.
IC communications shall have the right to assign, delegate
or otherwise deal with their rights under the Agreement in
part or in whole. The Customer shall not have the right to
assign, delegate or otherwise deal with their rights under
the Agreement in part or in whole.
11) Entire Agreement
The Agreement represents the entire understanding between
the parties in relation to the subject matter hereof and supersedes
all prior agreements, representations or understandings by
either party whether oral or written.
12) No Waiver
Failure by either party to exercise or enforce any right conferred
by the Agreement shall not be deemed to be a waiver of any
such right nor operate so as to bar the exercise or enforcement
thereof or of any other right on any later occasion.
Any notice, invoice or other document which may be given under
the Agreement shall be deemed to have been duly given if sent
by post to the address shown on the application form.
14) Force Majeure
Neither party shall be held to be in breach of its obligations
under the Agreement, save for obligations to make payments
under the Agreement, to the other party for any loss or damage
which may be suffered by the other party due to any cause
beyond the reasonable control of the first party including
but not limited to any act of God, inclement weather failure
or shortage of power supplies, flood, drought, lightning or
fire, strike, lock-out, trade dispute or labour disturbance,
act or omission of Government authorities, other telecommunications
providers, war, military operations or riot.
15) Governing Law
The Agreement shall be governed by and construed and interpreted
in accordance with English Law and the parties hereby submit
to the jurisdiction of the English Courts.