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TERMS AND CONDITIONS OF 4WARD COMMUNICATIONS LTD SERVICE AGREEMENT
THESE TERMS AND CONDITIONS COVER THE AGREEMENT BETWEEN YOURSELF AND 4WARD COMMUNICATIONS LTD.

1. Service:

1.1 This agreement concerns the provision by 4ward Communications (4ward) to you the customer (you) of one or more of 4ward’s telecommunications services. 4ward will provide you with the service(s) as specified on the Agreement subject to the provisions of this agreement. 4ward may vary how these services are provided if 4ward wishes to maintain or improve their quality or needs to do so in order to comply with any applicable law or regulation.

1.2 Where the service is Calls, Line Rental, Broadband or Inbound Solutions, the provisions in this Agreement specific to that service shall apply and if they conflict with any provision elsewhere in the Agreement, the specific provisions shall prevail.

1.3 You acknowledge that certain services are incompatible with the calls and line service available from British Telecommunications Plc (BT) and such incompatible services are excluded from 4ward’s services.

You also acknowledge that some technical limitations within the network used to provide the services may not become apparent until the service has been operating for some time and if that occurs the service may need to be temporarily withdrawn in which case you will receive a pro rata rebate of the relevant charges paid by you in advance of the withdrawal.

1.4 If you want the connection point for the service ( i.e., the terminal block, socket for a removable plug, distribution frame or another device which connects your equipment to an exchange line) to be moved to another place within your site, 4ward may agree to this subject to your paying 4ward’s applicable charge. At 4ward’s request, you will arrange for your equipment to be reprogrammed by your maintained in accordance with instructions given by 4ward but 4ward will not bear any responsibility for such reprogramming.

2. Duration:
Any service other than Calls, Line Rental, Broadband and Inbound Solutions will be provided on the basis of a 24 month initial period from the date you sign the Agreement with the same provisions for automatic renewal unless terminated by proper notice as are applicable to the Broadband service.

3. Charges:
4ward charges you for using the services covered by this agreement. Initially, you are charged at the rates specified on the Agreement published in our price lists. Please note:

3.1 Charges are calculated from data recorded by us and not from your own records.

3.2 Where a direct debit is unpaid due to insufficient funds or cancellation, a £50.00 administration charge will be included on your next monthly bill.

3.3 A charge o£25.00 will be added to your next bill to reinstate services barred due to non-payment of an invoice. 4ward may lower its prices and will endeavour to inform you at least 14 days in advance of any such changed) If the prices for any products which 4ward acquires from its suppliers and which form part of the Services provided under the Supply Agreement are increased for any reason (for example (but without limitation) pursuant to a direction or decision of Ofcom), 4ward reserves the right to increase its Charges for the Services accordingly.

3.4 All 4ward charges (whether referred to in the Agreement, this Agreement or elsewhere) are subject to VAT at the prevailing rate (currently 20 %) 3.5 4ward will charge £25.00 to reinstate lines that have been ceased due to non-payment of outstanding current bill.

4. Payment Terms:
4.1 If any payment is not made in cleared funds by the due date then in addition to other rights and remedies 4ward reserves the right to require that all future payments to be made by monthly variable direct debits and if you refuse to set up a direct debit arrangement in these circumstances, 4ward can reserve the right to add a monthly charge of £10.00 for non-direct debit payments or to terminate the Agreement.

4.2 Direct Debit payments are mandatory and must be settled and complied with at signature of a contract with 4ward Communications Ltd.

4.3
You will be notified of any problems with your payments or direct debit settlement accordingly.

4.4
Payments are to be made by you without set-off or deduction, and if you fail to pay any sum due, we reserve the right to charge interest on the amount due at the rate of four percent (4%), above the Bank of England’s official bank rate paid on commercial bank reserves prevailing from time to time, calculated from the due date until collection.

4.5 Cancellation of the direct debit does not constitute notice of cancellation on termination of the contract.

4.6
You are protected at all times by the Direct Debit Guarantee Schemes, as detailed on 4ward’s website www.4ward-communications.co.uk.

4.7
4ward reserves the right to charge a £15.00 administration fee for payments tendered by means other than direct debit. 4ward reserves the right to increase this amount without notice.

4.8 4ward reserves the right to perform a credit check with no prior notice on you, and to pass your credit history with 4ward on to the credit agencies and/or to Court for any claim against you.

4.9 4ward reserves the right to request from you and at any time a deposit, paid in advance, should periodical credit checks reveal an insufficient credit scoring or County Court Judgment proceeding and/or any unusual usage and call charges are incurred. Should this request not be met within 30 days of notification by 4ward, 4ward reserves the right to terminate the contract and to demand a full and immediate payment of any outstanding balance.

4.9 4ward may, at its sole discretion and at any time, impose a credit limit on your account due to trustworthiness. Any credit limit imposed can be
amended without prior notice. If you exceed any such credit limit, 4ward may demand immediate payment of the charges and/or suspend the service immediately; however, you will still be responsible for all charges incurred including those exceeding the credit limit.
4.10 4ward will charge a £199 disconnection fee should your agreement with 4ward be terminated due to your non-payment.

5. Pricing:

5.1 All call types where prices are not listed on the Agreement will be charged at 4ward’s standard tariff prices, details of which are available on request.

5.2 Local and national calls are numbers beginning with 01 and 02 only and do not include non-geographic number (0845, 0870 etc) premium rate
numbers (09xx) and Internet access numbers.

5.3 Mobile calls are calls to 02, Vodafone, T-Mobile or Orange and 3g Network. Calls to other network operators, unless specified otherwise in the Agreement, will be charged at 4ward’s standard tariff prices, details of which are available on request.

The UK means calls inside the inclusive call period for your calling plan to Local and National numbers beginning 01, 02 and 03. Excluded calls include non-geographic numbers (e.g. 0871), Premium Rate

services, operator-controlled calls, calls to the internet, information and paging services, local, national and all non-geographic numbers used to dial-up ISPs, other non-voice calls and

calls to the Channel Islands


HARDWARE:

Phone Systems and Security Equipments.

5.4 Maintenace contract does not cover you out of date warranty equipment.

6. Your Responsibilities - You agree:

6.1 To use the services in accordance with this agreement, any instructions given by 4ward from time to time and any laws, regulations and licenses which apply to the use by you of the services.

6.2 Not to allow an alternative supplier to override or bypass 4ward’s service either through the installation of equipment or through the BT™ local exchange.

6.3 To be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any
previous supplier.

6.4 Not to use the service 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 in order to commit a fraud or other criminal offence.

6.5 Not to transfer or agree to transfer any number provided to you for use with the service, nor attempt to do so.

6.6 To the termination of your existing contract for equivalent services with your current provider and irrevocably authorise and request 4ward to cancel on your behalf any such existing contract and to provide 4ward with such information as 4ward reasonably requires and to allow access to the site at which the service is to be provided for 4ward, BT or any other telecommunications supplier to 4ward and you acknowledge that 4ward cannot process the provision of the services until such information is provided and such access is allowed.

6.7 You will be responsible for providing the site conditions 4ward advises you will be required for the provision of the service including electricity supply connection points and computer terminals. 4ward will not be responsible for reinstating the site after the installation work has been carried out, other than where damage has been caused by 4ward or by those for, whom 4ward is responsible.

6.8 You will ensure that your equipment, building and architecture meet all legal and regulatory compliance and approved for installation and connection to the network. You must disconnect any non-compliant equipment immediately or allow 4ward to do so at your expense, subject to 4ward disconnection fee.

6.9 You are responsible for removing any equipment not required for or incompatible with the service and returning it to its owner.

6.10 You consent to BT or other relevant service provider disclosing to 4ward any information relating to the transfer or removal of BT’s (or other
relevant service providers’) products and services that exist on the line as at the time of its transfer to 4ward Communications Ltd.

7. Suspension of Service:
4ward reserves the right to suspend the service and that without being liable to compensate you:

7.1 In the event of a local, national, international emergency, caused by fire, flooding, any seismic natural catastrophic disaster, civil or worldwide war, terrorism, military operation, and riot.

7.2 To comply with a request from a government or other competent authority and that as a result of any fraud investigation related to communication or for preventing the society at large.

7.3 To protect or provide service to rescue or other essential services or otherwise.

7.4
To maintain the quality of 4ward’s services.

7.5
If 4ward reasonably believe that you will fail to pay any amount due to 4ward (after issuing an invoice)

7.6
If an event occurs which is beyond 4ward’s reasonable control (recalled in section 7.1 and 7.2)

7.7
If you break any part of this agreement.

7.8
If 4ward has good reason to suspect fraudulent activity or misuse of 4ward’s services or any other breach by you of this agreement.

8. Termination:
 6 months notice period is required for all services with 4ward Communications.

The agreement may be ended immediately by you on written notice to 4ward if 4ward breaks a term of this agreement, which after written notice has not been rectified within 30 days. 4ward may end this agreement without notice if the other stops trading or become insolvent or is wound up. 4ward may end this agreement on written notice to you but without needing to give you prior notice if you break any of the obligations under clause 4 (Payment) or 6 (Your Responsibilities). On termination of this agreement for whatever reason, you will:

8.1 Immediately pay and clear any outstanding invoices.

8.2 Be responsible for any required engineering reprogramming costs involved enable to use an alternative supplier then.

8.2 IMPORTANT INFORMATION

In light of your decision to transfer your telephone service to another provider, please note you will be liable for termination charges if you are still within your contract term. An invoice for the termination charges will be issued upon completion of the order and all outstanding invoices paid. Please note any service charges and/or line rental paid in advance shall be forfeited.

9. Liability:

9.1 Neither 4ward nor you will have to compensate a third party for any detrimental event beyond the third party’s reasonable control.

9.2
In this agreement, events “beyond… reasonable control” includes any act of God, reduction or failure of power supply, other telecommunications operators and suppliers or their equipment including access lines, act or omission of national or local government authority, war, the act of terrorism, military operation, riot or delay or employee dispute.

9.3 In any event 4ward will not compensate you for any harm to your business, lost revenues, loss of anticipated savings lost profits or other indirect consequential or special losses nor for any charges incurred by you with another call carrier.

9.4 Without prejudice 4ward’s liability being in a position of tort to you under or in connection with this agreement shall be limited to a refund of 4ward’s line rental charges for the period during which you were unable to use the services. In no circumstance shall 4ward’s liability to you exceed £500, for each year commencing on the date of the agreement that comes into effect.

9.5 The service cannot be guaranteed to be fault free but 4ward will provide you with a similar standard of service as it provides to its customers
generally.

9.6 4ward does not seek to limit 4ward’s liability for death or personal injury resulting from 4ward’s negligence.

9.7
4ward accepts no liability for claims relating to your ability to use or continue to use a particular telephone number.

9.8
4ward accepts no liability for any charges incurred by you should your traffic be diverted to another service provider other than when this is due to a negligent act or omission on the part of 4ward.

10. Wholesale Line Rental (WLR)
The agreement for all new ISDN installations is for a minimum of 60 months except specified otherwise.
On the WLR Service, 4ward will bill you for line rental of your BT™ line and BT Openreach™ will continue to maintain your line and fix any faults that may occur. You acknowledge that in order to avoid delays occurring in the ordering process, 4ward will need to be notified by BT™ of any products or services presently in use on your line that are incompatible with the WLR service. BT™ 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 under the Freedom of Information Act 2000. In signing this agreement you give consent to BT™ to disclose such information to 4ward. You also give 4ward authority to act as your agent to arrange connection onto 4ward services. If 4ward is unable to take over the billing of your line rental, for whatever reason, you hereby authorise 4ward to carry your phone calls only through carrier pre-selection.

11. Carrier Pre-Selection (CPS):
CPS is the routing of your phone calls through a carrier other than BT™. Your phone line(s) are still maintained by BT™ engineers but the calls are carried on another network. 4ward may select and at any time change any carrier or another service provider for the purposes of providing the CPS service. In signing the Agreement you irrevocably authorise 4ward to give all notices, nominations and other authorisations necessary for 4ward to provide the CPS service.

12. Repairs to Service:

12.1 BT Openreach™ will continue to maintain your line and will continue to fix any faults that may occur. We will use our best endeavours to correct any defect or fault in the services provided to you as rapidly as possible. The Customer Service and Fault Notification Number is 03443916400.

12.2 In relation to the Line Rental Service, if BT Openreach™ charges 4ward for repairs and an engineering call out charge, which will occur if the fault is found to be a fault in or is due to damage to the customers’ equipment, 4ward reserves the right to pass on those charges to you together with its own administration charge of £25 per call out.

12.3 You should report any fault to 4ward’s customer services department, where it will be dealt with in accordance with 4ward’s fault repair service. 4ward may ask that you have your equipment checked by your own maintainer. If 4ward agrees to fix a fault that is not 4ward’s responsibility, or if no fault is found, 4ward may charge you for work carried out by 4ward at its applicable engineer’s rates.

13. General:

13.1 You may not transfer this Agreement or any rights under it without 4ward’s prior written consent.

13.2
4ward may transfer its rights or any part of them under this agreement as it sees fit, on written notice to you.

13.3
If any provision or condition of this Agreement shall be invalid or unenforceable, the remaining terms shall continue to apply.

13.4
This Agreement and the documents referred to in it represent the entire contract between you and 4ward, to the exclusion of any terms subject to which you may accept, or purport to accept, the service.

13.5 Any variations (other than changes made in accordance with this Agreement) shall not be effective unless in writing and signed by you and by 4ward).

13.6 If there is any inconsistency between this Agreement and the Agreement, the Agreement shall take precedence.

13.7
Any failure by either 4ward or you to enforce any right shall not be deemed a waiver of any such right.

13.8
This Agreement is governed by English Law and the English Courts shall have exclusive jurisdiction for the purpose of determining any dispute or other matter which arises out of or in relation to this agreement.

14. Notices:

14.1 Any notice required to be served under any of the provisions of this Agreement must be in writing. The address for service of 4ward (subject to any change notified by 4ward to you) is the address stated on your signed Agreement. Your address for service is the address set out on the most recent invoice or such address as has been subsequently notified to 4ward in accordance with this clause.

14.2 A notice will be treated as served as follows:-

i) in the case of delivery by hand, on the day of delivery except that where that day is not a Working Day, or the delivery is made after 4 pm, then it will be treated as served on the next Working Day

ii) in the case of delivery by registered post or recorded delivery, on the date of delivery as proved by the proof of delivery advice issued by Royal Mail (or such other postal service providing a registered or recorded delivery service in place of or in addition to Royal Mail)

iii) in the case of any other method of service, at the time of service actually proved In this clause “Working Day” means Monday to Friday but does not include Bank Holidays.

15. Calls:

15.1 “Calls” means calls (including reverse charge calls) made on a line and a line is the apparatus forming part of the network used by 4ward to connect you to a telephone exchange.

15.2 Unless discounted or waived installation charges apply, the agreement for Calls is for a minimum of 24 months or, if it is longer, the period specified on your signed Agreement. The period starts on the date you first use the service, not the day the agreement was signed. After that, unless either 4ward or you give the other written notice of termination at the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.

15.3 If 4ward discounts or waives any line installation charges then the agreement for calls will be for a minimum of 60 months rather than 24 months commencing on the date you sign the Agreement It will be automatically renewed for a further period of 24 months and for successive further periods of 24 months after that unless either 4ward or you gives the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.

15.4 Calls are charged at the rates set out in the Agreement but where prices are not listed on the Agreement calls will be charged at 4ward’s standard tariff prices, details of which are available on request.

15.5 If you cancel the Calls service before it is duly terminated as described above, you will have to pay whichever the greater is of:(i) £395, and
(ii) an amount equal to the average of the Call charges for each of the last 3 complete months during which the Calls service was provided (but if there are less than 3 complete months then the average will be calculated on a weekly basis and the amount payable will be equal to 4 such average weeks).

This is in addition to any other charge imposed by virtue of these Terms and Conditions.

16. Line Rental:

16.1 “Line Rental” means the provision of apparatus forming part of the network used by 4ward to connect you to a telephone exchange.

16.2
Unless discounted or waived installation charges apply, the agreement for Line Rental is for a minimum of 24 months or, if it is longer, the period specified on your signed Agreement. The period starts on the date you sign the Agreement. It will be automatically renewed for a further period of 24 months and for successive further periods of 24 months after that unless either 4ward or you give the other written notice of termination at least six months before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.

16.3 If 4ward discounts or waives any line installation charges then the agreement for Line Rental will be for a minimum of 60 months rather than 24 months commencing on the date you sign the Agreement It will be automatically renewed for a further period of 4 months and for successive further periods of 24 months after that unless either 4ward or you gives the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.

16.4 The fee for the Line Rental service is the monthly rental set out in your signed Agreement but where prices are not listed on the Agreement line rental will be charged at 4ward’s standard rates details of which are available on request.

16.5 If you cancel the Line Rental service before it is duly terminated as described above, you will have to pay the service fee of the Agreement £395, This is in addition to any other charge imposed by virtue of these Terms and Conditions.

16.6 In addition, if you terminate this agreement prior to the end of the period specified on the Agreement and after your account has been provisioned (except if you terminate, in accordance with the provisions of this agreement, as a result of 4ward’s breach or insolvency or winding up), you will reimburse 4ward for any costs incurred in releasing you from your contractual obligations with BT™ prior to transferring you to the 4ward service (if applicable).

16.7 Where the service involves the installation of a new line, 4ward will allocate a telephone number to that line and, unless you do not require it, will arrange for one free standard entry to be made in a telephone directory published by BT or any other operator (as appropriate).

16.8 If 4ward has an appropriate agreement with your existing service provider, 4ward can provide, at your request, a telephone line using your existing number as long as i) there are no technical reasons preventing the use of that number

ii) the existing service provider agrees to release the number

iii)
you authorise 4ward to cancel on your behalf the service on the existing line using that telephone number

iv)
you provide 4ward with sufficient information including (but not limited to) the account name, account number, service address and billing address

v) you pay 4ward’s charges for number portability, and number portability is available at the site

17. Broadband: With a Fair Usage policy of 200GB per month.

17.1 “Broadband” means all broadband services, including ADSL and SDSL.

17.2
The agreement for Broadband is for a minimum of 24 months or, if it is longer, the period specified on your signed Agreement. The period starts on the date you sign the Agreement. It will be automatically renewed for a further period of 24 months and for successive further periods of 24 months after that unless either 4ward or you give the other written notice of termination at least one month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.

17.3 The fee for the Broadband service is the monthly service fee set out in your signed Agreement.

17.4 If you cancel the Broadband service before it is duly terminated as described above, you will have to pay the service fee of the Agreement of £395, This, in addition to any other charge imposed by virtue of these Terms and Conditions.

18. Inbound Solutions:

18.1 “Inbound Solutions” means services provided via Non-Geographic Numbers (Nuns), such as fax to email service, interactive voice response, time of day by day of week routing, call queuing and outbound call recording services.

18.2 The Agreement for Inbound Solutions is for a minimum of 24 months or, if it is longer, the period specified on your signed Agreement. The period starts on the date you sign the Agreement. It will be automatically renewed for a further period of 24 months and for successive further periods of 24 months after that unless either 4ward or you give the other written notice of termination at least six month before the end of the initial or the relevant succeeding period. The General Terms and Conditions explain how notices must be served.

18.3 The fee for the Inbound Solutions service is the monthly service fee set out in your signed Agreement.

18.4
If you cancel the Inbound Solutions service before it is duly terminated as described above, you will have to continue paying the monthly service fee of the Agreement of £395, whichever is the highest. This is in addition to any other charges imposed by virtue of these Terms and Conditions.

19. Early Cancellation Charges lines and calls: £395 per line.
Where cancellation charges as described in Clauses 15 (Calls), 16 (Line Rental), 17 (Broadband), 18 (Mobiles) and 19 (Inbound Solutions) and in respect of any other service provided by 4ward apply, such cancellation charges are cumulative.

Connectivity:

a) If 4ward Communications Ltd. commit a serious breach of this Agreement and fails to correct it within 14 days of you notifying us, you may end this agreement by sending us written the notice.
b) If you fail to pay any sum due to 4ward Communications Ltd. on time or commit any other serious breach, then 4ward Communications Ltd. shall be entitled to terminate this Agreement immediately and disconnect all telephones from the system.
c) If 4ward Communications Ltd. ends this Agreement because of the reasons stated in clause 1. b) You will still have to pay the monthly line rental in respect to each telephone line supplied until the earliest date that you would have been able to terminate each supply.
d) If you become bankrupt, someone petitions you for bankruptcy or, if you are a company, you enter into liquidation, or if a receiver or administrator is appointed, 4ward Communications Ltd. may terminate this agreement at any time. If 4ward Communications Ltd. should enter into liquidation or have a receiver or administrator appointed to manage it’s affairs, you may terminate this agreement at any time by giving written a notice to 4ward Communications Ltd.
e) At the end of the term of this agreement may be terminated by giving 4ward Communications Ltd. one month’s notice in writing.
2. 4WARD COMMUNICATIONS' OBLIGATIONS
4ward Communications Ltd. will connect you to the network you have selected and will maintain that connection so far as it remains within its reasonable control to do so. 4ward Communications Ltd. cannot be responsible for coverage or quality of service that you receive from the network. 4ward Communications Ltd. accepts no responsibility for any loss of profits or other economic loss arising out of its breach of this Agreement.
3. YOUR OBLIGATIONS
a) You must pay all invoices issued by 4ward Communications Ltd. within 14 days of their issue.
b) All payments must be made by Direct Debit and you will be required to sign a Direct Debit form when you sign the agreement.
c) You will be charged for all use of the telephone connections supplied including monthly line rental which will be payable one month in advance and call charges which will be billed one month in arrears. IF YOU CHOOSE TO USE THE SERVICE WHILST ABROAD, THE CALL CHARGES WILL INCLUDE THOSE WHICH YOU RECEIVED DURING THAT PERIOD.
d) All queries about our charges must be made within 14 days of receipt of the invoice.
e) You must not use or allow others to use the service for any improper, immoral or unlawful purpose.
f) You must report the theft of any telephone connected to our service as soon as you become aware of it.
g) This agreement must not be transferred without written authority from 4ward Communications Ltd.
h) You must advise 4ward Communications Ltd. of any change of address or Company or personal details.
i) You must comply with all reasonable instructions given to you by 4ward Communications Ltd. with regard to the service provided under this Agreement.
4. SUSPENSION OF SERVICE
4ward Communications Ltd. may suspend service to you without notice if any of the followings apply:
a) We are advised by the network that it is necessary because of technical problems or for reasons of safety
b) We believe it is necessary to prevent a fraud taking place
c) You fail to pay any sum due under this agreement within 14 days of receipt of our invoice.
d) Your total charges exceed the credit limit that we have allocated to you. This can be increased on request subject to approval by 4ward Communications Ltd.
5. EXCLUSION FROM LIABILITY
Neither 4ward Communications Ltd. nor yourselves shall be liable to the other for any breach of this agreement, which is out of its or your reasonable control.
6. ENDING THIS AGREEMENT
When this agreement is ended, for whatever reason, 4ward Communications will disconnect you from the network and you must pay all charges owing at that date.
7. NOTICE
Any notice that is required to be given by you or 4ward Communications Ltd. under this Agreement will only be valid if sent by recorded delivery to 4ward Communication’s or your last known address.
8. LAW
This agreement shall be governed by and construed in accordance with United Kingdom Law.

 

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