General Terms and Conditions
1. INTERPRETATION
1.1 Definitions.
In this Agreement, the following definitions apply:
- Agreement: these terms and conditions as amended from time to time in accordance with clause 14.
- Internet Services: means fibre leased line and next generation broadband services provided by Glow Telecom to the Customer pursuant to the terms of this Agreement and the Internet Services Terms.
- Commencement Date: has the meaning set out in clause 2.2.
- Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
- Customer Sales Order: means the Service Agreement and/or Sales Order detailing the agreed Services to be provided by Glow Telecom to the Customer pursuant to these General Terms and Conditions and any applicable supplemental terms.
- Customer: the person, firm or company who purchases the Equipment and/or Services from Glow Telecom.
- Intellectual Property Rights: patents rights to inventions, copyright and related rights trade marks, business names and domain names.
- Delivery Location: has the meaning set out in clause 42.
- Equipment: the goods set out in the Customer Sales Order comprising of Glow Telecom communication equipment and accessories.
- Force Majeure Event: has the meaning given to it in clause 14.1.
- Initial Hourly Rate: means the sum of £95.00 +VAT, or such rate as expressly agreed between the parties and stated on the Customer Sales Order.
- Internet and Email Acceptable Use Policy: the internet and email policy the Customer hereby agrees to adhere to.
- Mobile Network Operator: means the mobile network provider to Telcoinabox Limited.
- Mobile Services: mobile phone services provided by Glow Telecom to the Customer.
- Telephone Services: the calls and lines rental services provided by Glow Telecom to the Customer pursuant to this Agreement.
- Term: means a minimum term of 24 months commencing on the date of installation/handover.
1.2 Construction.
In this Agreement, the following rules apply:
- A reference to a party includes its successors or permitted assigns.
- A person includes a natural person, corporate or unincorporated body.
- A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted.
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Customer to purchase Equipment and/or Services in accordance with this Agreement.
2.2 The Order shall only be deemed to be accepted when Glow Telecom issues written or electronic acceptance of the Customer Sales Order.
2.3 The Contract constitutes the entire agreement between the parties.
2.4 Any samples, drawings, or advertising issued by Glow Telecom shall not form part of this Agreement.
2.5 These terms together with the Mobile Services Terms, the Internet Services Terms, Telephone Services Terms and Internet and Email Acceptable Use Policy, apply to this Agreement.
2.6 Any Customer Sales Order provided by Glow Telecom shall not constitute an offer and is only valid for a period of 30 days from its date of issue.
3. EQUIPMENT
3.1 The Equipment is described in the Customer Sales Order as modified by any applicable Equipment Specification.
3.2 Glow Telecom reserves the right to amend the Customer Sales Order.
4. DELIVERY OF EQUIPMENT
4.1 Each delivery of the Equipment is accompanied by a delivery note.
4.2 Glow Telecom shall deliver the Equipment to the Delivery Location.
4.3 Delivery of the Equipment shall be completed on arrival at the Delivery Location.
4.7 If 10 Business Days after Glow Telecom notified the Customer that the Equipment was ready for delivery and the Customer has not accepted delivery, Glow Telecom may resell or dispose of part or all the Equipment.
4.8 The Customer shall not be entitled to reject the Equipment if Glow Telecom delivers up to and including 5 percent more or less than the quantity ordered.
5. MAINTENANCE AND QUALITY OBLIGATIONS
5.1 Following a request by the Customer for maintenance service, Glow Telecom shall confirm that the Customer has carried out necessary procedures.
5.6 Glow Telecom warrants that on delivery, and for a period of 12 months from the date of delivery, the Equipment shall conform in all material respects with their description.
5.8 Glow Telecom shall not be liable for the Equipment's failure to comply with the warranty if the defect arises due to the Customer's failure to follow Glow Telecom's instructions.
6. TITLE AND RISK
6.1 The risk in the Equipment shall pass to the Customer on completion of delivery.
6.2 Title to the Equipment shall not pass to the Customer until payment in full is received.
7. SUPPLY OF SERVICES
7.1 Glow Telecom shall provide the Services to the Customer.
7.4 Glow Telecom warrants to the Customer that the Services will be provided using reasonable care and skill.
8. CUSTOMER'S OBLIGATIONS
8.1 The Customer shall provide Glow Telecom with the necessary information and materials to supply the Services.
8.2 If Glow Telecom's performance is delayed by the Customer, Glow Telecom shall have the right to suspend performance of the Services.
9. CHARGES AND PAYMENT
9.1 All Charges due from the Customer in respect of the Services and/or Equipment shall be set out in the Customer Sales Order Form and/or the Invoice.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Glow Telecom.
11. CONFIDENTIALITY
A receiving party shall keep in strict confidence all technical or commercial know-how, specifications, and any confidential information disclosed by the disclosing party.
12. LIMITATION OF LIABILITY
12.1 Nothing in this Agreement shall limit or exclude Glow Telecom's liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation.