Terms and Conditions Artis Telecom Revised January 2018
Contract period and how does it end?
Unlike most companies it is as short as it gets. Our 12 Month contract starts on the date of the product line activation, EG internet available, Phone system capable of handling calls in or out, this is the point that we start charging the monthly charges and will be shown on your first bill. You can terminate your Artis Telecom contract at any time without paying any cancellation fees, providing you give us three (3) months’ termination notice, after the initial twelve (12) months from your Service commencement date has passed. If you wish to cancel your Artis Telecom service please call us on 03333441121 or e mail to support@artistelecom.co.uk.
Note there are some services that have longer contract periods, these are shown on your proposal
Note there are some contract periods that are shorter or subject to special offers.
Artis Telecom may terminate your contract or suspend Services if:-
· You don’t pay us, by the due date, any money you owe us; or
· You misuse our Service (see our acceptable usage policy)
· Either you or Artis Telecom may terminate your contract by giving thirty (30) days’ written notice to the other if:
· If there has been a material breach of these Terms by the other party (and this isn’t remedied within thirty (30) days of a written notice notifying the breach)
· If an event, outside its reasonable control, prevents continued provision of the Services for more than thirty (30) days
· If the other is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); or becomes insolvent or bankrupt; or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or makes an application to a court of competent jurisdiction for protection from its creditors generally; or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or is subject to any analogous event or proceeding in any applicable jurisdiction.
If Artis Telecom is entitled to suspend your Service then all Charges for your Service will remain payable by you notwithstanding such suspension. If Artis Telecom is entitled to terminate your Service (other than without cause), then Artis Telecom will be entitled to charge you for the Charges which would have been payable to Artis Telecom as if you had provided us with a termination notice on the date of such termination.
What are Artis Telecom’s payment terms and charges?
· Fairly straight forward. You have a responsibility to pay the fees that apply to the Services you’re receiving from Artis Telecom (the ‘Charges’). These Charges are from the date of the product line activation, EG internet available, Phone system capable of handling calls in or out. Recurring Charges will be collected in advance, while one-off fees will be collected in arrears. Our billing dates fall on the first day of each calendar month and we expect payment in a maximum 30 days from that date.
Artis Telecom accepts payment by bank transfer, or cheque in exceptional circumstances. Please also be advised that Artis Telecom reserves the right to change prices at any time, by giving you notice in writing which will include sending an email to the email address you provide to Artis Telecom during the order process or agree for us to use for billing. You will receive a monthly invoice for all services. You must pay Artis Telecom all sums due to Artis Telecom in full and you cannot deduct or withhold any part of the sums you owe us, except as permitted by law.
All prices shown are exclusive of VAT and our invoices show VAT payable as a separate item on each invoice. In any event you are liable to pay VAT on all Services provided
What happens if there are Service interruptions?
Artis Telecom will take reasonable measures to rectify any interruptions in the Services that we provide. However, Artis Telecom cannot be held responsible for disruptions caused as a result of war, strikes, natural disasters or other ‘acts of God’ and shall not be liable for any delay or failure in the performance of its obligations to the extent that such delay or failure is attributable to matters beyond its reasonable control. We are however committed to providing you with a Service that has as few disruptions as possible.
What are your obligations?
You agree that you will comply fully with your obligations under these Terms, and at all times:
· Comply with the terms set out in Artis Telecom’s ‘Fair and acceptable usage policy’ and ensure that any others using Artis Telecom’s Services via your account comply with the ‘Fair and acceptable usage policy’ too
· Keep your security information safe and tell Artis Telecom immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your account
· Only you control the content you upload or download using the Artis Telecom network. We have no responsibility for any such content
What are the limitations of Artis Telecom’s responsibility?
Nothing in these Terms shall restrict or exclude either party’s liability for fraud or for death or personal injury caused by it or its employees’ or agents’ negligence. Except as set out in this section and the section called ‘What are your obligations?’ and except for the requirements for you to pay all Charges owing to us under this contract, neither party’s aggregate liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall exceed 100% of the Charges due in that calendar year. Neither of us will be liable to the other for any economic loss including, without limitation, any loss of profits, anticipated savings, business, contracts, revenue, time or goodwill or loss of data whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise or the cost of procuring substitute goods or services provided that doesn’t include:
· Charges payable
· Claims for any damage to your tangible property, caused by the negligence or otherwise by any act or omission of ours, our employees, agents or subcontractors, whilst on your premises
You shall at all times be under a duty to mitigate any losses suffered by you. Each provision of this section is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable. There are no representations, warranties, terms or undertakings, except as expressly set out in these Terms and any others are expressly excluded, whether express or implied, statutory or otherwise
Is there anything else?
Artis Telecom may assign your contract or any Service Artis Telecom provides to you to a third party, provided Artis Telecom gives you notice and obtains your consent (not to be unreasonably withheld, conditioned or delayed) on the Services Artis Telecom provides to you. If a court arbitrator or any government agency stipulates that any part of these Terms is unenforceable, the remaining Terms will still be valid and enforceable. These Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999. The Terms shall be governed and construed in accordance with English law and you and Artis Telecom submit to the non-exclusive jurisdiction of the English courts. The Terms set out the entire agreement between you and Artis Telecom relating to the provision of the Services to you
How will we contact each other?
You may contact Artis Telecom by sending an email to support@artistelecom.co.uk, by calling our sales and customer services telephone numbers and any important communications (including any notices or other communications required under these Terms) should additionally be sent by post to the address shown on our headed notepaper. Artis Telecom will contact you at the email address that you provide us for contact or billing.
Will any of this change?
Over time, this is possible. Artis Telecom may change these Terms from time to time by notifying you of the revised Terms and should any of these Terms change, we will inform you of these changes by email. Most changes will be due to legislation changes for internet and telephony and from any of our upstream providers.