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Terms and Conditions

 

 

CONTRACT DEFINITION

Concept Data Solutions is a trading name of Eze Talk Limited, Rear Courtyard, Dane Mill, Broadhurst Lane, Congleton, CW12 1LA. Company registration number 04122939.

Eze Talk Ltd are an Appointed Representative of CDS Regeneration Limited who are authorised and regulated by the Financial Conduct Authority under FRN 823299. We are a broker not a lender.

1.1 Act means the Communications Act 2003 and any amendments to the Act from time to time or any subsequent substitution thereof.

1.2 Application Form means the Application/Order Form relating to the provision of the Services in the form provided by Concept Data Solutions from time to time incorporating these terms and conditions.

1.3 Authorised Person means a Director or authorised signatory of Concept Data Solutions.

1.4 Account Number means the account opened by Concept Data Solutions in the name of the Customer upon creation of the Contract and relating to the Services.

1.5 Customer means a person, company, body corporate or other entity or association whatsoever or howsoever whose Application Form is accepted by Concept Data Solutions and for whom Concept Data Solutions has opened an Account Number.

1.6 Contract means the Contract governed by these terms and conditions made between Concept Data Solutions and the Customer created upon acceptance by Concept Data Solutions of the Customers Application Form and evidenced by the opening of an Account Number. The Agreement becomes effective when signed by a Director or authorised signatory of Concept Data Solutions.

1.7 Early Termination Charges means any charges which become due and payable to Concept Data Solutions if the Customer decides to end the Contract before the end of the Minimum Term and (if applicable) where the Customer has not achieved the Minimum Call Spend as at the date of the notice of termination.

1.8 Concept Data Solutions Equipment means any equipment supplied by Concept Data Solutions (including for the avoidance of doubt, mobile telephones) or any third party on behalf of Concept Data Solutions to the customer.

1.9 Additional Provisions means any Terms additional to those outlined within the Terms of this Agreement as evidenced on the Application Form.

1.10 Least Cost Routing means programming present on a telephone system which automatically enables the routing of calls via different telephone operators.

1.11 Minimum Call Spend means the level of spend which the customer has committed to over the minimum term as set out in this agreement.

1.12 Mobile Services means the provision of services in relation to mobile telephony.

1.13 Minimum Term means the minimum duration of this Contract, which unless otherwise expressly stated on the Application Form shall be 36 months from the date the Customer first starts to receive the Services. The contract term of 36 months is defined as 36 clear monthly payments.

1.14 One off Charge means any up-front contribution from the customer.

1.15 Services means re-routing the Customer’s telecommunications including without limitation all calls, lines and data traffic over the Concept Data Solutions Network and any additional Services as outlined on the Application Form and provided under the terms of this Agreement.

1.16 Services Literature means Concept Data Solutions ’s literature specific to the Services and other associated services existing from time to time.

1.17 Total Monthly Charge means the monthly rental plus the lease monthly rental.

1.18 User means the Customer and any individual or company utilising the Services provided to the Customer under the Terms of this Agreement.

  1. THE SERVICES

2.1 a) The Customer shall complete, sign and return to Concept Data Solutions an Application Form prior to Concept Data Solutions agreeing to provide the Services. b) Where the Customer has Least Cost Routing in use at its premises, Concept Data Solutions will, if necessary, and at its sole discretion, reprogram it in order to provide the Services. c) Where the Customer does not have Least Cost Routing available for use at its premises, Concept Data Solutions will, if necessary, and at its sole discretion arrange for the Customers telephone system to be programmed in order to provide the Services. d) Concept Data Solutions shall use all the reasonable care and skill of a competent telecommunications provider to provide the Customer with the Services throughout the term of the Contract. e) Concept Data Solutions shall be at liberty, where necessary, to improve, update or upgrade the Services or alter the provision of the Services without any notice to the Customer.

2.2 The Customer undertakes to Concept Data Solutions that: a) for the duration of the Minimum Term it will route all its inbound, non-geographic and outbound calls (including without limitation all its voice, fax and data traffic) via Concept Data Solutions on an exclusive basis. For the avoidance of doubt the Customer acknowledges and accepts that during the Minimum Term it shall not use any services offered by a third party which are competitive with or substantially similar to the Services. In the event of any breach by the Customer of this Condition

2.3 (a) the terms of Condition 4.11 shall apply; b) the Services and the Concept Data Solutions Network will only be used in accordance with the Contract; c) only the Customer and Users shall use the Services and the Concept Data Solutions Network and no other person shall be suffered or permitted to use the same; d) upon the termination of the Contract: (i) no attempt shall be made to make calls via the Services or otherwise to use the Concept Data Solutions Network and; e) the Services Literature and any other instructions regarding the use of the Services and the Concept Data Solutions Network as may be notified to the Customer by Concept Data Solutions from time to time shall be complied with promptly and such literature and instructions shall be deemed to form part of the Contract.

2.4 The Customer agrees that at all times during the term of the Contract it shall: a) provide access to all appropriate sites for any Authorised Persons during the Customer’s normal working hours; b) keep its telecommunications equipment in good working order and ensure that the equipment complies with all applicable standards and approvals so as to enable Concept Data Solutions to provide the Services; c) provide all reasonable assistance required by Concept Data Solutions to enable it to provide the Services; d) inform Concept Data Solutions by one month’s prior notice in writing of any premises relocation or change of telephone number(s) on which the Services are registered; e) provide a safe working environment for Authorised Persons working on the Customer’s premises; f) Indemnify Concept Data Solutions fully against all losses, liabilities, costs (including without limitation legal costs) and expenses which Concept Data Solutions may incur as a result of any breach of the Customers obligations under the Contract or misuse of the Services or the Concept Data Solutions Network; g) pay Concept Data Solutions (at its then current published rates) for all call-out visits required from Concept Data Solutions where Concept Data Solutions determines the problem with the Services or the Concept Data Solutions Network is not the fault of Concept Data Solutions;

2.5 The Customer undertakes to Concept Data Solutions that the Services and the Concept Data Solutions Network are not used:- a) for the transmission of any material which is intended to be a hoax call to emergency services or is of a defamatory, offensive, abusive, obscene or menacing character; or b) fraudulently or in connection with a criminal offence; or c) otherwise in a manner which constitutes a violation or infringement of the rights of any other party; or d) otherwise than for the purpose of a telecommunications system.

2.6 Concept Data Solutions does not guarantee that the Services will be continuously available or free from Service Failures.

  1. CONCEPT DATA SOLUTIONS’S RIGHTS

3.1  Concept Data Solutions shall be entitled to alter any access or authorisation number or method of accessing the Services from time to time and may reprogram the Customer’s equipment as a result. 

3.2 Concept Data Solutions may suspend the Services to the Customer at its sole discretion including but not limited to the following: – a) in the interests of the quality of the Services or the Concept Data Solutions Network; b) if any credit limit agreed between Concept Data Solutions and the Customer from time to time is exceeded; c) if any term of the Contract is breached (including, without limitation, in the event of a failure to make any payment or provide any deposit required to be made or provided under
the Contract); d) in order to comply with an order, instruction or request of any government, emergency service organisation or other competent authority; or e) if fraud or attempted fraud is suspected by Concept Data Solutions (in its reasonable opinion) in connection with the use of the Services or the Concept Data Solutions Network. f) if in Concept Data Solutions ’s reasonable opinion it suspects the Customer is offering to resell the Services to any third party.

3.3 Concept Data Solutions may collect and store data and information about the Customer and its use of the Services and provide this information to companies affiliated with Concept Data Solutions including without limitation any Associated Company and (ii) third parties.

3.4 Concept Data Solutions reserve the right to review and terminate the contract after 24 months.

  1. CHARGES AND PAYMENTS FOR THE SERVICES

4.1 All sums due to Concept Data Solutions under the Contract shall become due on the date of the relevant invoice and are payable within 14 days (including weekends and bank holidays) of the date of the relevant invoice. Unless otherwise stated, any rental or recurring charges are invoiced monthly in advance and call charges and any ad hoc maintenance or similar charges are invoiced monthly in arrears which will begin on the date on which the Service becomes operational. Charges will be based on Concept Data Solutions ’s records

4.2 In the event of any error or omission in a Concept Data Solutions invoice for any period, Concept Data Solutions may issue a corrective invoice at a later date.

4.3 If the Customer fails to make any payment within the 14-day period following the date of the relevant invoice, without prejudice to its other rights hereunder, Concept Data Solutions shall have the right to require the Customer to pay all sums due on demand.

4.4 Time of payment of all sums due to Concept Data Solutions under the Contract shall be of the essence.

4.5 Concept Data Solutions reserves the right to amend its charges for the Services from time to time.

4.6 Concept Data Solutions shall use its best endeavours to bring to the attention of the Customer any variation in prices prior to their implementation.

4.7 Without prejudice to Concept Data Solutions ’s rights to treat the non-payment as a material breach of the Contract, Concept Data Solutions reserves the right to charge interest on outstanding amounts from the due date until payment is received in full at a rate equal to 4% per annum above the Lloyds TSB Bank plc base lending rate as current from time to time whether before or after judgement. Interest shall continue to accrue notwithstanding termination of the Contract for any cause whatsoever and is deemed to accrue on a day-to-day basis from and including the date for payment under Condition 4.1.

4.8 Concept Data Solutions reserves the right to charge for administrative costs incurred by Concept Data Solutions in pursuing late payers.

4.9 All sums due to Concept Data Solutions under the Contract are subject to Value Added Tax (VAT), and any other applicable taxes, levies or charges which may from time to time be introduced.

4.10 The Customer shall be liable for all charges arising from use of the Services by any person utilising the Customer’s registered Services telephone number(s) (with or without Customer’s authorisation);

4.11 In the event of the Customer obtaining any services from a third party which are competitive with or substantially similar to the Services during the Minimum Term or if there has been a material breach of the Contract, the Customer accepts that Concept Data Solutions shall be entitled to invoice the Customer an amount equal to: a) the average of the monthly amounts invoiced by Concept Data Solutions to the Customer prior to the breach by the Customer of Condition 2.2(a) multiplied by the number of months contractually remaining prior to the expiry of the Agreement as laid out in Clause 1.11 and 2.2(a).

4.12 If Concept Data Solutions has agreed to pay any termination fees from your existing provider, the total sum must be agreed at the point of sale and confirmed on the verification call. The amount agreed is fixed and cannot be changed at a later date. All termination fees must be claimed within 90 days of contract agreement.

4.13 Porting is charged at £30 per number. 

4.14 There is a cancellation administration charge of £300. 

  1. CONCEPT DATA SOLUTIONS EQUIPMENT
    5.1
    The Customer shall provide without charge or cost to Concept Data Solutions appropriate equipment space, ducting, environment and continuous stable electrical power to install and maintain any equipment Concept Data Solutions may require to provide the Services.

5.2 It is deemed that title to any Concept Data Solutions equipment shall remain with Concept Data Solutions and whilst the Concept Data Solutions equipment is on the Customer’s premises, the Customer shall ensure that it is kept safe, secure and fully insured and is not interfered with by any person.

5.3 Upon termination of the Contract, the Customer will ensure that Concept Data Solutions is allowed prompt access to all relevant premises to remove the Concept Data Solutions equipment.

5.4 On termination of this Agreement, the Customer must return all equipment supplied by Concept Data Solutions within 14 days and in good working order. If the Customer fails in this respect, they will be liable for any costs Concept Data Solutions incur in recovering the equipment. If Go Connect

UK are prevented from recovering the equipment, or if the Customer fail to return it to Concept Data Solutions , the Customer will be liable to pay to Concept Data Solutions on demand a reasonable sum commensurate with the value of the equipment.

5.5 Any trade in handsets need to be sent to Concept Data Solutions within 14 days of your service going live. Any handsets not received by Concept Data Solutions will be charged to you on your next invoice or deducted from any cancellation fee due. Cancellation fees will on by paid once you are live, the equipment has been received and any trade in handsets have been received by Concept Data Solutions.

5.6  All hardware is owned by Concept Data Solutions, including mobile handsets. 

  1. TERMINATION

6.1 The Contract may be terminated by either Concept Data Solutions or the Customer at any time by giving 90 days prior written notice prior to any anniversary of the Agreement. The anniversary of this Agreement occurs annually from the date Services were first supplied to the Customer until 90 days prior written notice prior to the next anniversary of this Agreement is received in accordance with Clause 14.

6.2 If neither Concept Data Solutions nor the Customer provide notice to terminate in accordance with Condition 6.1 the Client and Concept Data Solutions agree that the Contract shall automatically be renewed for the length of your original contract term minimum Term on each successive anniversary where notice to terminate hasn’t been served;

6.3 Concept Data Solutions (without prejudice to its other rights) may terminate the Contract forthwith in the event that:

  1. a) the Customer fails to make any payment when it becomes due to Concept Data Solutions or shall default in due performance or observance of any obligation under the Contract or any other contract with Concept Data Solutions or an Associated Company and (in the case of remedial breach) fails to remedy the breach within a reasonable time specified by Concept Data Solutions in its written notice so to do; or b) an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented or a bankruptcy order is made against the Customer or if any circumstances arise which entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order.

6.4 The terms of this Contract shall continue to bind the parties hereto to such extent and for so long as may be necessary to give effect to the rights and obligations embodied in it including without limitation Conditions 2.2, 4, 7 and 8.

6.5 If the Contract is terminated by either party hereto, the Customer shall: a) pay to Concept Data Solutions all arrears of charges, termination fees as laid out in Clause 4.11 and any interest payable under the Contract and; b) return to Concept Data Solutions all equipment owned or provided by Concept Data Solutions and/or allow Concept Data Solutions or its Agent access forthwith to the Customer’s premises for the removal of any Concept Data Solutions equipment and pay any reasonable charges Concept Data Solutions may have incurred in so doing; c) undertake and comply with the provisions of Condition 2.2(d); and d) cease being provided the Services and have no right to use the same.

6.6 The Termination Fee Credit is payable upon invoice and proof of termination. The fee is payable within 30 days.

  1. CONFIDENTIALITY
    7.1
    The Customer and any User shall at all times keep confidential the terms of this Contract and all matters relating to the Services, and shall not disclose the same to any third party without the prior written consent of Concept Data Solutions.

7.2 The confidentiality obligations set out in Condition 7.1 shall survive the termination of the Contract.

7.3 Nothing in the Agreement shall prevent Concept Data Solutions disclosing any of the Customer’s confidential information to a Service Provider’s employees, subcontractors, advisers and other consultants on a ‘need to know’ basis provided those persons are aware of the confidential nature of the information.

  1. LIMITATION OF LIABILITY

8.1 The following provisions set out Concept Data Solutions ’s entire liability (including any liability for the acts and omissions of its directors, officers, employees, agents or sub-contractors) to the Customer in respect of: a) any breach of its contractual obligations arising under this Contract; and b) any representation statement or tortuous act or omission including negligence arising under or in connection with this Contract.

8.2 Any act or omission on the part of Concept Data Solutions or their directors, officers, employees agents or sub- contractors falling within Condition

8.3 shall for the purposes of this Condition 8 be known as an “Event of Default”.

8.4 Concept Data Solutions ’s liability to the Customer for the tort of deceit and for death or injury resulting from their own or that of their directors, officers, employees, agents or sub-contractors negligence shall not be limited.

8.5 Subject to the provisions of condition 8.3, Concept Data Solutions ’s entire liability in respect of any event of default shall be limited to damages not exceeding the sums paid by the customer to Concept Data Solutions for the services pursuant to this Agreement in the preceding twelve month period in the case of a single event of default and twice the sums paid by the customer to Concept Data Solutions for the services pursuant to this Agreement in the preceding twelve month period in the case of all events of default or series of connected events of default occurring in any twelve month period.

8.6 Subject to Condition 8.3, Concept Data Solutions shall not be liable to the Customer in respect of any Event of Default for loss of profits, goodwill, contracts, opportunity or any other type of special, indirect or consequential loss whatsoever or howsoever even if such loss was reasonably foreseeable or Concept Data Solutions had been advised of the possibility of the Customer incurring the same.

8.7 If a number of Events of Default give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under the Contract.

8.8 Except in the case of an Event of Default arising under Condition 8.3, Concept Data Solutions shall have no liability to the Customer in respect of any Event of Default unless the Customer shall have served notice of the same upon Concept Data Solutions within six months of the date the Customer became aware of the circumstances giving rise to the Event of Default or the date when it ought reasonably to have become so aware.

8.9 Concept Data Solutions shall not be responsible for complying with statutory regulations, or local by-laws, or the fulfilment of any special regulations affecting the Customer.

8.10  Save as set out in Condition 8.3, Concept Data Solutions shall have no liability under this Contract of the acts and omissions of other public telecommunication operators or the breakdown total or partial of the Concept Data Solutions Network or any other network.

8.11 To the extent that all or any part of the Services are faulty, unavailable or interrupted, the Customers sole and exclusive remedy shall be to be compensation in accordance with compensation schemes that may be introduced from time to time by Concept Data Solutions.

8.12 Concept Data Solutions shall not be liable for faults in the Customer’s telecommunications equipment which result in Concept Data Solutions being unable to provide the Services.

8.13 Dates and terms for provisions of the Services shall be estimates only and no liability shall accrue to Concept Data Solutions for failure to meet any such dates or times. Concept Data Solutions will not be held responsible for any loss due to programming errors or omissions made by any person.

8.14 In the event of any failure in the Services, Concept Data Solutions shall not be liable to the Customer for any charges incurred by the Customer should it direct its Services to another carrier.

8.15 Concept Data Solutions reserves the right not to provide the Services due to any technical limitation in the Customer’s telephone system, telephone exchange or Concept Data Solutions Access Equipment.

8.16 The obligations set out in this Condition 8 as to limitations of liability shall remain in full force and effect notwithstanding the expiration or any termination of this Contract for any reason whatsoever.

  1. DEPOSIT

9.1 Concept Data Solutions may at any time before or after the provision of the Services require payment by the Customer in a manner specified by Concept Data Solutions of a sum to be held by way of a deposit as and against any charges arising from use of the Services by the Customer and Concept Data Solutions shall be entitled to offset such deposit against any sums due under this Contract from time to time including interest due or owing to Concept Data Solutions pursuant to Condition 4.7.

9.2 Any deposit held by Concept Data Solutions will not accrue interest whatsoever although any deposit (or part thereof) which is held by Concept Data Solutions for over one year and which is subsequently repaid to the Customer may, at Concept Data Solutions ’s discretion, attract interest at an amount determined by Concept Data Solutions

  1. ASSIGNMENT

10.1 The Customer shall not assign, transfer, sub-contract, delegate or otherwise deal with all or any of its rights under the Contract.

10.2 Concept Data Solutions shall have the right to assign or otherwise transfer, subcontract, delegate all or any of its rights and obligations hereunder to an Associated Company or other person.

  1. MOBILE SERVICES
    11.1
    In respect of Mobile Services and unless Concept Data Solutions advise otherwise the Customer shall enter into an agreement direct with the Airtime Services Provider and is responsible for all aspects (including the management) of that airtime service agreement. Concept Data Solutions shall assist the Customer wherever possible in the management of the airtime service agreement.

11.2 If Concept Data Solutions agrees to reimburse to the Customer charges for specified mobile numbers
in respect of the Customer’s transferring Airtime Service Provider in respect of such mobile numbers reimbursement must unless otherwise agreed in writing (i) be claimed by the Customer not earlier
than 2 months from the date of transfer and (ii) be only claimed in respect of such mobile numbers as remain live and have not had a notice of termination of agreement served at the date of the claim.

11.3 Concept Data Solutions will be paid commission (initially and on an ongoing basis) by the Airtime Service Provider for introducing the Customer and other customers to it. Such commission may be clawed back in certain circumstances due to the act or omission of the Customer, including if the airtime service agreement is terminated or in respect of gateway or unauthorised use by the Customer. The Customer shall indemnify Concept Data Solutions against any such claw- back and immediately on demand pay to Concept Data Solutions an amount equivalent to that clawed-back.

11.4 Where it is agreed that Concept Data Solutions shall pay to the Customer a cash incentive inducement or subsidy for entering into an airtime services agreement, any such amounts must be invoiced by the Customer in three equal amounts such invoices to be dated and delivered at the end of months 6, 12 and 18 of the airtime services agreement. Payment shall only be due to the Customer where the airtime services agreement has not been terminated before the end of the minimum term of the airtime service agreement. The Customer shall produce to Concept Data Solutions such evidence as Concept Data Solutions may reasonably require as to the continuation in force of the airtime service agreement.

11.5 Any cash incentives or subsidies due under this Clause that have not been claimed by the Customer within 14 days from the end of the minimum term of the airtime service agreement become null and void.

11.6 Any Equipment supplied in connection with Mobile Services shall be supplied subject to these Terms and Conditions. Concept Data Solutions shall endeavour to supply the Equipment as soon as practicable and reserves the right to alter specifications or designs at any time to meet such delivery target.

11.7 All such Equipment will be supplied with the manufacturer’s guarantee, unless otherwise agreed in writing. The Customer hereby acknowledges that the manufacturer’s guarantee is only valid if the Customer complies with the terms and conditions of manufacturer’s guarantee.

11.8 The Customer shall be liable for the full costs of any repairs carried out to the Equipment which are not covered by the manufacturer’s guarantee.

11.9 The Customer agrees that Concept Data Solutions shall not be liable for any loss or costs suffered by the Customer:

11.9.1 Following any loss by the Customer of Equipment and/or the unlawful use thereof by a third party.

11.9.2 Resulting from loss of network service or other network issues (including the porting of numbers).

11.9.3 The Customer shall be liable for the costs incurred by Concept Data Solutions of obtaining PAC, MAC or similar codes required for the transfer of the Services.

  1. CUSTOMER’S OBLIGATIONS

12.1 (i) All pre-existing mobile handsets (together with the relevant information required to operate each handset such as passcodes or words) should be sent to Concept Data Solutions by way of trade in within 14 days of the Commencement date. The handset should be fully functional, so any “Find My iPhone” activation lock or similar lock which prevents a new account or profile being registered should be removed. If the handset is not fully functional, the Customer shall no longer be eligible for any agreed Deal Incentive.

 

12.2 The obligations set out above are conditions of the contract.  In addition to any other remedies that Concept Data Solutions may have for a breach of those conditions by the Customer, whether set out in the Contract or otherwise, if the Customer breaches condition 7.1 (i) the Customer is liable to pay £500 to Concept Data Solutions per handset that is retained by the Customer (or £500 where the Customer has not provided the correct information such as a pass code or word, or if the information is incorrect or if a handset has an activation lock).  Concept Data Solutions may set off the monies due against any sums due from the customer where Concept Data Solutions is liable to pay a Deal Incentive, Termination Fee or any other sums to the Customer. If the trade in value available at mazumamobile.com for the returnable mobile handset (s) is less that the value specified in the Order (for example, the condition is worse than declared by the customer), Concept Data Solutions may elect to set off the difference in value against any deal incentive or Termination Fees.

  1. MOBILE CHARGES AND PAYMENT

13.1 The price for the Service and Mobile equipment shall be the price set out in the Order or, if no price is quoted, the price set out in Concept Data Solutions’s price list as at the Commencement Date, this is in addition to the charges set out in these Conditions. As a primary obligation, the full monthly (non-discounted) Charges detailed in the Order shall be payable for the Minimum Period.  There are certain charges that may be payable directly to the Network Provider and / or where applicable to a third party under the Mobile Equipment Leasing Contract.  By accepting these Terms and Conditions, the Customer agrees to this.  The price payable for additional services and charges out of bundle (unless indicated as included in the Order), including but not limited to, bolt on services, call features, calls to international numbers, calls to the Channel Islands, roaming charges (usage outside of the UK), calls to service numbers, calls to premium rate numbers, calls to 08 & 09 numbers, calls to 0845 & 0870 numbers, calls to 0500 numbers, calls to mobiles, calls to retrieve messages, internet calls, calls to 074 numbers, calls to 070 numbers, calls to a personal numbering service, satellite calls, calls to or involving Lyca Mobile or similar international call providers, MDM services, usage above or in breach of the Fair Usage Policy, information and paging services, data usage, text messages, picture or multi-media messages shall be the price specified on Concept Data Solutions’s price list at the time such additional services or out of bundle services are utilised. Fixed bundles (including World Traveller Select) for usage outside of the UK (where available) attract a daily or bundle charge the price for which is available upon request.

13.2  The customer shall be liable to pay Concept Data Solutions:

13.2.1 Where a line is connected or due to be connect under the contract, there is a fee of £250.

13.2.2 A consultation fee of £500.

13.3 In such instances as the Order provides for MDM or MaaS360 included in the Charges, the number of licenses or handsets included should not exceed the number of Lines or connections under the Contract.  All other MDM or Maa360 licences and or handsets that exceed the number of connections under the Contract shall be chargeable and the Customer will be charged £5 a month per licence or handset.  Any MDM or Mass360 offered as inclusive under the Contract shall be the provider’s basic or ‘essential’ package only and any other package is to be charged at the rate of £5 per Line, connection or handset.  The Customer is responsible for managing its MDM or MaaS360 account to avoid selecting options or features that are not included in the basic or ‘essential’ package.  Certain options or features may automatically involve upgrading the package whereupon the Customer shall be liable to pay to Concept Data Solutions £5 per month per MDM or MaaS360 licence or handset.

13.4 There is a fee of £30 for each porting authorisation code (PAC code) for each and any Line connected under the Contract or Network Contract and if such request is made during the Minimum Period, clause 14.2 shall apply.

13.5 Where Customers are not Small Business Customers, Concept Data Solutions reserves the right to:

(a)       increase the Charges from time to time and shall provide the Customer with at least 7 days’ notice prior to such increase taking effect.  For the avoidance of doubt, the Customer shall not be entitled to terminate the Contract upon any increase in Charges; and

(b)       increase the price of the Mobile Equipment, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Mobile Equipment to Concept Data Solutions.

13.6 There will be an annual adjustment by the RPI Rate to the monthly tariff charge (as detailed in the Order) and the adjusted amount (new tariff price) will appear on the Customer’s April invoice onwards. The Customer also acknowledges and agrees that (where applicable) the Network Contract is subject to an RPI Rate adjustment each year.

  1. FORCE MAJEURE

Neither Concept Data Solutions or the Customer shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any act of God, inclement weather, failure or shortage of power supply, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act or omission of Government. highway authorities, public telecommunication operators or other competent authority, war, military operations, or riot, difficulty, delay or failure in manufacture, production or supply by third parties of the Services or any part thereof.

  1. NO WAIVER

Failure by either Concept Data Solutions or the Customer to exercise or enforce any right conferred by this Contract 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.

  1. ENTIRE CONTRACT

The Contract represents the entire understanding between the parties in relation to the subject matter of the Contract and supersedes all other agreements and representations made by either party, whether oral or written.

  1. SERVICE OF NOTICE
    17.1
    All notice to Concept Data Solutions herein provided shall be sent by the Customer in writing by 1st Class Recorded Delivery post and the Customer must retain the relevant receipt as proof.
  2. GENERAL

18.1 Reference to any statute or statutory provision includes a reference to that statute or statutory provision us from time to time amended, extended or re-enacted, with or without amendment.

18.2 Unless there is something inconsistent in the subject or contest, words denoting the singular number only include the plural and vice versa; words denoting one gender only include the other genders.

18.3 Unless the context otherwise requires, a reference to a Condition is to a condition of the Contract.

18.4 The headings in the Contract are inserted for convenience only and do not affect its interpretation.

18.5 If any provision of the Contract is held invalid, illegal or unenforceable for any reason, such provision shall be severed, and the remainder of the provisions here of shall continue in full force and effect as if the Contract had been entered into with the invalid provision eliminated.

18.6 A person who is not a party to this Contract has no right under the Contracts (Rights of Third parties) ACT 1999 to enforce any provisions of this Contract.

  1. GOVERNING LAW

The Contract shall be governed, construed and interpreted is accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim, matter or dispute arising out of or relating to the Contract or any document entered into pursuant to the Contract.