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0870 Fax to Email numbers > Adcall Fax to Email T&Cs
Agreement Terms and Conditions
Definitions Act
means the Telecommunications Act 1984 and includes any amendments to the Act that
may be made from time to time.
Customer means the person, partnership
or company detailed overleaf.
Service means the service or services
requested by the Customer overleaf and to be provided to the Customer by Adcall.
Agreement means this agreement entered into by and between Adcall and the
Customer and is subject to the terms set out herein. 1)
Duration
This Agreement shall come into full force and effect from the
date of acceptance by Adcall 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 Adcall subject to Section 9 of this Agreement. 2) Use
of Service
2.1) Adcall 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 Adcall in the
course of providing the Service shall remain confidential between the Customer
and Adcall 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 Adcall 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 Adcall and in accordance with
the Act or any other regulations relating to the Service.
2.4) The
Customer shall indemnify and hold harmless Adcall 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 Adcall.
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
Adcall immediately upon becoming aware of any failure or malfunction in the Service.
2.7) Adcall 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 other reasons. 3)
Provision of Information
3.1) The Customer undertakes to provide to Adcall
free of charge and in full co-operation any information reasonably required by
Adcall in order to fulfil its obligations under the Agreement.
3.2)
Adcall 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. 4) Prices
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 without notice. 5)
Liability & Compensation
If the service provided by Adcall is not available
for any reason, Adcall shall 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 howsoever arising. 6)
Royalty Out Payment
6.1) Royalty out
payments are not paid on the Fax to Email service. 7)
Suspension of Service
7.1) In the event that the Customer is in breach
of the Agreement, provision of the Service to the Customer may be suspended forthwith
by Adcall upon notification to the client orally followed by written notification
without liability to the Customer and until further notice.
7.2) The
Customer shall pay Adcall all reasonable costs associated with such suspension
of the Service and subsequent re-connection if it occurs. 8)
Termination
8.1) Without prejudice to their rights under the Agreement
expressed or implied the Customer or Adcall 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 in writing.
8.2) Without prejudice to their
rights under the Agreement expressed or implied Adcall 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.
8.3) Without prejudice to their rights under the Agreement
expressed or implied Adcall may terminate the Agreement in the event that its
licence under the Act is revoked. 9) Assignment
Adcall 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. 10) 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. 11) 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. 12)
Notices
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. 13) 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. 14) 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.
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What our customers say:
"Having
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new premises before we moved in, was effortless. An exemplary service and one
I readily commend to your prospective clients. Thanks again."
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impressed with this service." KL, Macclesfield "It's
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for your prompt reply to my question. Most sites often don't bother to reply at
all!" DL, London "I've
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use your service."
SA, Wilts "Very
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MT, Coventry "Thank
you for your prompt actions and help. It is as always a pleasure doing business
with you."
RS, Surrey "Thanks
for the excellent service." NO, Aldershot "Excellent
stuff. Thanks for the incredibly prompt response and service."
TW,
Southampton "Incredible service.
Thanks as always."
BG, High Wycombe
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