1 SERVICES – This agreement covers the provision by Maxima Telecom to you of our telephone and broadband services. If there is any conflict between the terms of this agreement and any other services agreement agreed to in the past, the terms of this agreement shall prevail. We may vary how these services are provided if we wish to maintain or improve their quality or need to comply with any law or regulation. You agree to be bound by these terms and conditions if you decide to use the services after the variations. The provision of the broadband service is conditional upon:
a. The premises being located within the Service Availability Area.
b. You having a current valid contract with Maxima Telecom for a fixed line and calls telephone service and the use of an analogue direct exchange telephone line which terminates on a master socket forming part of BT’s telecommunications network.
c. Successful installation of equipment, cables, leads, configuration of computer and/or laptop.
d. Broadband download speed is subject to a line test and factors including local availability and distance from the exchange. Maxima Telecom will supply the best available speed for the broadband option you choose. Backups of websites or personal home pages posted utilising additional web space are not made by Maxima Telecom. Maxima Telecom cannot be held responsible for any loss, damage or interference to such pages. Maxima Telecom exercises no control over any information passing through the network and makes no warranty as to its quality, accuracy or freedom from defects or viruses. You acknowledge that neither the Internet nor Maxima Telecom’s server is secure and does not guarantee the security of any of your information.
2 CONTRACT TERM & DURATION : Our standard contract term is 36 months, however we may offer 12 months or 24 months contract on special request to our selected customers. You also acknowledge that in order to avoid delays occurring in the ordering process, Maxima Telecom will be notified by BT of any products or services presently in use on your line that are incompatible with the telephone and broadband service. Maxima Telecom is under a strict duty not to disclose information about a customer’s telephone services to a third party unless the customer has consented to such disclosure. In signing this agreement you give consent to Maxima Telecom to disclose such information . You also give Maxima Telecom authority to act on your behalf to arrange and maintain connection onto services. The agreement may be ended immediately by you if we break a term of this agreement, which after written notice has not been rectified within 14 days. We may end this agreement immediately if you break any of your obligations under clause 7 which have not been rectified 14 days following receipt of written notice of breach from us.
3 CANCELLATION – If you wish to end your contract with us, you may do so at the end of any contracted period, providing you give us advance notice i.e. during month 11 of a 12 month contract or during month 23 of a 24 month contract or during month 35 of a 36 month contract. If you wish to end your contract with us without giving us the required notice, you will be liable to pay a termination fee as specified in section 6i. Early Termination Charges – Basic Line – £250 excl. VAT, Basic Line with CPS – £220 excl. VAT, Basic Line with Broadband – £300 excl. VAT
4 CHARGES AND PAYMENT TERMS – Maxima Telecom charges you for using the services covered by this agreement. You are charged at the rates specified on the confirmation of your order and/or published in our price lists and updates. Prices can be found at www.maximatel.com or available upon request for customers without internet access. Please note:
a. charges are calculated from data recorded by us and not from your own records
b. where a direct debit is unpaid due to insufficient funds or cancellation, a minimum charge of £10 will be included on your next monthly bill.
c. Direct debit is the only method of payment. You are protected at all times by the direct debit guarantee.
d. We may change our prices (upwards as well as downwards) but will endeavour to inform you at least 14 days in advance of any change we are making. From date of notification by us you have 14 days in which to cancel without breach of contract. However continued use of the services after the effective date of the changes without any notification shall constitute acceptance.
e. Unless we advise otherwise our charges include VAT at the prevailing rate, which you must pay.
f. Maxima Telecom reserves the right to refuse customers not wishing to pay by direct debit.
g. Maxima Telecom reserves the right to apply charges for late payment or payment not made by Direct Debit and any associated charges incurred. These charges include debt collection fees. Maxima Telecom reserves the right to apply call restrictions until any outstanding amounts are paid.
h. cancellation of the direct debit does not constitute notice of cancellation of the agreement and outstanding balances are liable for payment under the terms of this agreement
i. Upon transfer to the Maxima Telecom service a call bar preventing calls being made to Premium Rate numbers will be applied. This will be applied for an initial 90 days to protect both the customer and Maxima Telecom from potential unauthorised use. After 90 days the bar can be removed if requested but Maxima Telecom reserve the right to request a security deposit if the customer does not meet Maxima Telecom credit criteria.
5 RESPONSIBILITIES – We agree to provide you with the service as specified on the confirmation of your order subject to the provisions of this agreement. You agree:
a. to use the services in accordance with this agreement, any reasonable instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the services;
b. not to allow an alternative supplier to override or bypass our service either through installation of equipment or the BT local exchange;
c. to be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier;
d. not to use the service either landline or Broadband 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; and
e. not to re-supply or re-sell or otherwise make services available to any person on an arms length commercial basis and not to use the service in any way or for any purposes prohibited by law.
f. to ensure that any broadband equipment as referred to in clause 1 used to access Maxima Telecom’s broadband is compatible to the service.
g. to use the Maxima Telecom service in compliance with the Maxima Telecom Fair Usage Policy which may notify to you from time to time and maintain site traffic volumes. Clause 6 may be exercised if you fail to comply with these requirements and/or utilise the service in a way that severely affects Maxima Telecom’s servers, equipment, network and the ability to provide its services to other customers.
h. to maintain full responsibility for all use of your home phone and broadband account. If you suspect that there is, or has been, unauthorised use of your broadband password or account, you should notify Maxima Telecom immediately and you should change your password.
i. Maxima Telecom does not control the messages, information or files that you transmit or receive through the broadband service. If you have engaged in activities or if Maxima Telecom believes you have engaged in activities which are illegal or prohibited including but not limited to the activities set out below Maxima Telecom may exercise any of the rights set out in clause 6.
j. You must not transmit or receive material which is in breach of copyright or any other intellectual property rights. If you wish to transmit, receive or post material protected by any such rights it is your responsibility to obtain the owner’s written permission.
k. You agree, when using the services to observe the provisions of the Data Protection Act 1984 as amended and all other relevant legislation.
l. You shall not knowingly or recklessly transmit or receive material which contains viruses or other code or defects which may cause damage to any computer system or data, or engage in any other activity which is in breach of the Computer Misuse Act 1990 as amended.
m. You may not use the broadband service to engage in any activity which is in breach of any applicable national or international laws.
n. If any advertisement or offer for sale of goods or services is displayed on your website or homepage on an Maxima Telecom server such advertisement or offer for sale of goods or services must comply with the code of practice of the UK Advertising Standards Authority.
o. You may not participate in the sending of unsolicited e-mails.
p. Maxima Telecom reserves the right (but does not assume any obligation) to inspect the content of data to ensure compliance with this agreement or any applicable laws, regulations or codes of practice. PT reserves the right to disclose the content of data that you transmit or receive or to remove offending material if required to do so by the police or other law enforcement authorities.
6 SUSPENSION OR TERMINATION OF SERVICE – We may suspend your service (without being liable to compensate you):
a. in the event of a local or national emergency;
b. to comply with a request from a government or other authority;
c. to protect or provide service to rescue or other essential services or otherwise;
d. to maintain the quality of our services;
e. if we reasonably believe that you will fail to pay any amount due to us (whether or not we have issued you an invoice);
f. if an event occurs which is beyond our reasonable control;
g. if you break any part of this agreement. Without prejudice to the generality of this agreement, Maxima Telecom shall have a right to recover from you the cost to Maxima Telecom of any staff time spent dealing with technical and other problems which may arise as a result of any misuse of your account which may include but is not limited to unlawful or prohibited activities. If during the contract period you change premises and you wish to continue to use the broadband service, you will need to apply for a further minimum contract term at your new address and at our then published rates. Any new application for services at the new Premises will form a separate contract to which these conditions will apply. Under the terms of this agreement for whatever reason, you will:
h. immediately pay any outstanding invoices. In addition, if this agreement is terminated before your contract end or subsequent renewable period without proper notice as detailed in section 3 you will:
i. reimburse Maxima Telecom for any costs incurred in transferring to Maxima Telecom service; and pay a termination fee for ending the agreement early by way of compensation to us. The termination fee will be £250.00 excluding VAT per line connection.
j. you may terminate this contract in respect to the broadband service only (as part of a telephone and broadband package) before the expiry of the minimum contract term and downgrade to a telephone service only contract, on condition that you pay to us an early termination fee i.e. line rent for every part and full month remaining to the end of the initial period or subsequent renewable period. The early termination fee and any other outstanding charges will become immediately due and payable by you upon receipt by us of your notice of termination.
7 EQUIPMENT – We will deliver any equipment you order for broadband connection to the premises you specify and you will be liable to pay for this (where applicable) at our then current rates in addition to our reasonable costs of delivery postage and packaging. If you fail to accept delivery of the equipment, then without prejudice to other rights or remedies Maxima Telecom may have, Maxima Telecom may store the equipment at your cost and risk until actual delivery. Maxima Telecom will have no liability to you for any equipment lost or damaged in transit unless you have notified Maxima Telecom of such loss and/or damage within 5 days from the date of delivery. It is a condition of use of the equipment that you accept and abide by the equipment manufacturers terms and conditions before you use the equipment. On condition that you have, where required, paid for the equipment, title and ownership of it will pass to you on the commencement date. You will be responsible for the safe upkeep of the equipment while in your possession and you will use the equipment to access the Service in accordance with the manufacturer’s security, safety and operating instructions. If you cancel the contract before the commencement date and fail to return any equipment, complete, un-damaged and in its original packaging, within 7 days Maxima Telecom will, charge you for the equipment at our then published rates or if you have paid for the equipment, no refund will be due from us to you in respect of the price of the equipment. You are responsible for the risk and cost of returning the equipment to us. Maxima Telecom does not give any warranties in relation to the equipment. Maxima Telecom will, so far as is possible, assign to you the benefit of the warranties provided by the equipment manufacturer. Faults in the equipment covered by the manufacturer’s warranty must be reported to our technical helpdesk (contact details for which are available upon request) within 14 days of the fault first occurring. Where necessary, you may be required to return the equipment to us in the original packaging for inspection, repair and/or replacement in accordance with terms of the manufacturer’s warranty.
You are responsible for the risk and cost of returning the equipment to us. Once we are in receipt of the equipment, and have determined the nature and potential cause of the problem, replacement equipment will be dispatched to you where appropriate. We only offer technical support with regard to the equipment supplied by ourselves. If you experience a problem with your equipment, which is still covered by the manufacturer’s warranty, you should call our technical support department. If the fault cannot be resolved over the telephone you should return the equipment to us, or our appointed agent, for testing within 14 days of reporting the fault. If Maxima Telecom are satisfied that the equipment is faulty and that the fault/faults, is/are not as a result of your failure to take proper care of and/or your improper use of the equipment, then you will be sent replacement equipment free of charge.
8 LIABILITY – Neither of us will have to compensate the other for any detrimental event beyond the others reasonable control. In this agreement, ‘beyond reasonable control’ includes any act of nature, reduction or failure of power supply, other telecommunication operators and suppliers or their equipment including access lines, act or omission of national or local government authority, war, military operation, riot or delay, employee dispute. We are not liable for any equipment that we do not supply or arrange to supply. In any event, we will not have to compensate you for any loss of anticipated savings or other indirect, consequential or special losses nor for any charges incurred by you with another call carrier. We are only liable for consequential losses that are foreseeable if we are in breach of contract. Should you have an internet package that you do not declare to us at the point of signature, we do not accept any liability for any increase in call charges that you may incur. You accept liability for any claims, costs, damages, losses, expenses and liabilities (including, without limitation, legal costs and expenses) resulting from illegal actions by you or any other person using the services with your permission. We do not limit our liability for death or personal injury resulting from our negligence.
9 LIMITATION OF LIABILITY AND INDEMNITY
a. The liability of Maxima Telecom (if any) in contract, tort, negligence or otherwise arising out of or in connection with this agreement, in respect of all defaults related or unrelated, occurring in any one year will not exceed in aggregate the charges received by Maxima Telecom from you during that year.
b. In no event will Maxima Telecom be liable for any indirect loss or damage of any kind however caused and whether arising under contract, tort or otherwise.
c. You agree to indemnify Maxima Telecom against any claims brought by a third party resulting from your use of our broadband service and in respect of any losses or liabilities incurred directly by Maxima Telecom as a result of your breach or non-observance of any of these terms and conditions. Any breach or non-observance your normal rights in law apply.
d. The provisions of this clause shall survive any termination of this agreement.
10 REPAIR TO SERVICE – We will endeavour to correct any defect or fault in the services provided to you as rapidly as possible. Where the fault is not a network issue, and is found on internal wiring, customer equipment, or line jacks damaged beyond reasonable wear and tear an engineering charge will be levied. During loss of service diverts to alternative numbers are available, but are chargeable.
11 GENERAL – If any provision or condition of this agreement shall be invalid or unenforceable, the remaining terms shall continue to apply. This agreement and the documents referred to in it represent the entire contract between us, to the exclusion of any terms subject to which you may accept, or purport to accept, the service. Any variations (other than charges made in accordance with this agreement) we recommend shall be accepted by both of us in writing. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right. Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and/or agents to:
a. identify you when you make telephone enquiries;
b. help administer any accounts, services and products offered by Maxima Telecom now or in the future.
c. help us to detect fraud or loss.
This agreement is governed by English law.