1. PROVISION OF SERVICE
1.Products and services can be ordered from Countrywide Broadband either via the telephone, email or in person with a representative from the company. All orders will be confirmed via email from Countrywide Broadband and require acceptance by return email or in writing before any products or services are provided.
2.The minimum period for Service will be agreed at the point of order and will be confirmed in the agreement correspondence. This agreement will continue after the expiry of the minimum period unless and until:
2.1 It is terminated by either party giving the other written notice, by email or recorded delivery, to terminate the Agreement. In the case of notice given by the Customer, the notice shall be acknowledged and thereby confirmed by way of a cancellation acceptance from any appropriate person employed by Countrywide Broadband. This email will be sent within 2 working days of receipt of your cancellation – if you do not receive this you must contact Countrywide Broadband.
The services are supplied subject to all limitations of the Telecommunications Network including the risk of imposed prefix, number or call cost changes. Countrywide Broadband are unable to guarantee that all overseas systems will be able to access the Customer using the Telephone Number or that telephone keypads will use the same alphanumeric combinations as are currently used in the UK.
3. Each order will, with these terms, comprise a separate contract between the parties unless the order specifies that it is an amendment to an existing contract & is agreed as such by Countrywide Broadband to the customer.
4. Countrywide Broadband numbers are supplied on a rental/service agreement. Countrywide Broadband retain the overall ownership of numbers originally supplied to clients and fixed charges made are deemed as rental/service fees for the duration of the agreement. Administrative fees for ports/migrations are charged at £25+VAT per number that is to be ported/migrated, this is a fixed charge and includes all costs incurred by Countrywide Broadband from the losing and gaining operators respectively. Should Countrywide Broadband need to move numbers, as number owners and managers, they may do so without notification to the customer as long as it does not impede the service or functionality of the number. Customers who port or transfer numbers to Countrywide Broadband retain the right to return or move them subject to:
4.1 The new operator having porting agreements in place with our number range holder or network carrier.
4.2 Countrywide Broadband notifies customers that the business, number range or service is being closed down or made unavailable.
4.3 Countrywide Broadband cannot maintain the existing number or service originally purchased by the customer.
Charges to complete the process will be confirmed & invoiced to clients before any work is completed, with payment being received by BACS/Internet Banking in advance of the process being administered.
5. COUNTRYWIDE BROADBAND – AIMS & PROMISES
5. Countrywide Broadband agrees to provide Services to the Customer on the terms and conditions of this Agreement. Countrywide Broadband will use reasonable endeavours to provide the products and services ordered. Countrywide Broadband shall not be liable for any failure resulting from factors outside their control. In particular Countrywide Broadband is not responsible for the operation of the Telecommunications Network.
6. Countrywide Broadband reserves the right to improve or alter the Services as it deems appropriate, provided that such changes do not substantially change the nature of the service that has been ordered or supplied.
7. CUSTOMER RESPONSIBILITIES
7. The Customer shall at all times:-
7.1 Comply with any reasonable directions or instructions (including requests for help or information) issued from time to time by Countrywide Broadband in connection with the services, products supplied and payments required.
7.2 Pay Countrywide Broadband under this Agreement on or before the due date for payment without set off or deduction (unless with the full authority & agreement of Countrywide Broadband in writing by either email, from an appropriate Countrywide Broadband email account or letter delivered by hand).
7.3 Ensure insofar as is possible that the Telephone Numbers or Services are not used in any unlawful, improper or damaging manner.
7.4 Indemnify and hold harmless Countrywide Broadband against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from any improper use of the Services.
7.5 Indemnify and hold harmless Countrywide Broadband against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from a claim by a third party where the third party claims it has the right to prevent the Customer from using the Telephone Number or Service.
8. CHARGES AND PAYMENT
8.1 Connection charges may be payable upon invoice or prior to the initial connection at our discretion by BACS/internet transfer, Direct Debit, or Bank Deposit.We accept cash only when agreed by an appropriate person of the company.
8.2 Countrywide Broadband may invoice monthly, annually or however it deems suitable for the products & services supplied. If Charges are ascertainable in advance, such as rentals, they may be invoiced in advance – this will be advised in the Order Confirmation. In respect of unascertainable future charges, such as call charges, Countrywide Broadband normally bills these in arrears, however, we reserve the right to secure a pre-payment. Countrywide Broadband will notify customers of this requirement before accepting their order. Countrywide Broadband may impose pre-payments or deposits upon existing customers if they have failed to pay on time or if present reasonable cause to do so.
8.3 Countrywide Broadband may require the Customer to pay by direct debit as a condition of sale. In the event that the Customer is unwilling or unable to pay by Direct Debit Countrywide Broadband may apply manual billing charges, these will be notified before doing so.
Countrywide Broadband may impose a penalty for failed Direct Debit collections & invoice the Customer an additional £5 administration charge to be levied for each invoice.
8.3.1 Manual Billing Charges Of £5 per invoice raised and mailed.
8.3.2 Failed Payment Fees of £5 for the first Direct Debit or Payment Card failure, thereafter, £5 per Direct Debit or Payment Card transaction failure.
8.3.3 £5 to re-set Direct Debit or payment instructions with the banks.
8.4 Certain Services (e.g. diverts to mobile or international) have additional costs which are outside the control of Countrywide Broadband. Where any such charges are increased to Countrywide Broadband, Countrywide Broadband shall increase its own charges for the same Services & will confirm all changes with the customer with itemized billing.
8.4.1 Minimum usage charge for Numbers may be imposed without notice.
8.5 Invoices are payable within 14 days or by the date specified on the invoice. Countrywide Broadband reserves the right to apply a £5 “Late Payment Fee”.
8.6 Overdue payments shall be subject to a fixed sum penalty of £5 per billing month until the account is either settled or terminated.
8.7 Charges advertised are exclusive of Value Added Tax.
8.8 Countrywide Broadband shall in respect of each Service be entitled to review and vary from time to time the Charges and introduce new charges.
8.9 The Customer shall not dispute the amount of any Operator generated Charges unless and then only to the extent that Countrywide Broadband is entitled to dispute such charges with the Operator.
9. THIRD PARTIES
The customer agrees that Countrywide Broadband may, if necessary, use third party companies for billing charges, collecting direct debits, credit card payments and outstanding debts.
Countrywide Broadband retains all rights in respect to its billing, collection and business partners for any activities required.
10. COUNTRYWIDE BROADBAND LIABILITY
10.1 Countrywide Broadband does not exclude or restrict any liability to the Customer for death or personal injury attributable to its own negligence or that of its employees or agents.
10.2 Countrywide Broadband shall exercise reasonable skill and care in the provision of the Numbers & Services supplied.
10.3 Except as stated expressly otherwise in this Agreement, in relation to the provision of Services, Countrywide Broadband shall have no obligation, duty or liability in or for contract, tort (including negligence and breach of statutory duty) or otherwise and all other conditions, warranties, terms representations and undertaking, express or implied (whether they are implied by statute, common law or in any other way) are excluded to the fullest extent permitted by law.
10.4 Where any Service has been continuously unavailable to a Customer for a continuous period of more than 7 days and not as a result of any action or omission of the Customer or any event beyond the reasonable control of Countrywide Broadband the Customer may apply to Countrywide Broadband for a rebate of any time-based Charges in respect of the unavailable Period and Countrywide Broadband shall allow the Customer a proportionate rebate of such time based charges. Countrywide Broadband shall have no other liability for failure or unavailability of the Telecommunications Network or external body.
10.5 Countrywide Broadband shall not be liable for any indirect or consequential losses, damage or expenses suffered by the Customer including (but not limited to) loss of anticipated sales profits or savings, goodwill, business contracts or losses resulting from third party claims.
11. SUSPENSION OF SERVICES
11.1 Countrywide Broadband may suspend all or part of the Services or any of them for so long as reasonably required or disconnect the Telephone Number at any time without notice if:-
11.1.1 The Customer is in material breach of this Agreement or any other agreement between the parties.
11.1.2 The Customer acts in such a way or permits anything to be done which, in the reasonable opinion of Countrywide Broadband, relates to the Services that may impair or jeopardize the operation of the Services or any part of the Telecommunications Network;
11.1.3 Required to do so directly or indirectly by law, the Operator, industry regulatory body, OFCOM
11.1.4 Required for modification or maintenance or in cases of emergency
11.1.5 Countrywide Broadband has good reason to believe the Services are being used for unlawful, fraudulent or improper purposes.
11.1.6 Payments or pre-payments for any monthly, annual or adhoc charges fail or are not received by Countrywide Broadband on or before the due date, as specified by Countrywide Broadband.
11.2 The Customer shall remain liable for all Charges during any period of suspension attributable to the actions or omissions of the Customer
11.3 We reserve the right to charge reconnection fees of £4.95 + vat per number.
12. DATA PROTECTION ACT
12.1 Information that the Customer provides to Countrywide Broadband about private individuals relevant to Countrywide Broadband dealings with the Customer will be stored within Countrywide Broadband computer systems.
12.2 For the purpose of the Data Protection Act 1998 (“the Act”) Countrywide Broadband needs to specify the purposes for which it will use that information. It will of course only use it for legitimate purposes, including:-
12.2.1 Communicating with the individuals concerned as necessary in connection with the Customer’s dealings with Countrywide Broadband.
12.2.2 Communicating with the Customer in connection with Countrywide Broadband services generally;
12.2.3 Providing it to third parties as required by the Customer or the law or as necessary in connection with the Customer’s dealings with Countrywide Broadband.
12.3 By giving Countrywide Broadband that information the Customer consents to Countrywide Broadband holding using and disclosing it for those purposes.
12.4 Countrywide Broadband is permitted under the Act to hold and use personal data for the purposes specified above. It will not process such data provided by the Customer otherwise than for those purposes or as otherwise required by the Customer.
13. TERMINATION OF AGREEMENT
13.1 Countrywide Broadband may terminate this Agreement immediately by notice in writing, including email to the Customer if:-
13.1.1 The Customer is in breach of any of the terms of this Agreement or any other agreement between the parties and does not remedy the breach within 7 days of the date of written notice from Countrywide Broadband specifying the breach and requiring it to be remedied;
13.1.2 Any license, permission, agreement or authorization granted to the Operator or to Countrywide Broadband necessary for the provision of the Services is suspended, revoked or terminated; or
13.1.3 Countrywide Broadband is unable to recover from the Operator Revenue payments due to the Customer.
13.2 Countrywide Broadband may terminate Numbers, Agreements & Accounts immediately, without written notice, if it has reasonable reason to believe outstanding charges or debts will not be paid when due.
13.3 The Customer can at any time with 4 weeks’ notice, terminate any Agreement and cease use of the numbers and telephony services provided by Countrywide Broadband – unless under a pre-agreed contract. In these circumstances the Customer shall be liable for any outstanding charges accrued or incurred or scheduled to incur before the date of termination and will be required to pay Countrywide Broadband, including any penalty fees.
13.3.1 A Termination of services notification must be received by either email or recorded delivery to action an account closure, providing a minimum 4 weeks/advance calendar month notice. If by Email, a response acknowledging cancellation and/or account closure will be returned within 2 working days, providing the account is clear of outstanding charges. If emails are not received, a recorded delivery notice letter must be sent to Countrywide Broadband.
13.4 Any termination of this Agreement shall be without prejudice to the rights of either party accrued to the date of termination.
13.5 Countrywide Broadband requires a minimum of 4 weeks’ notice of termination of any agreements, products & services supplied by Countrywide Broadband to the customer, unless otherwise agreed by an appropriate officer of Countrywide Broadband in writing, including email. This does not cover agreements where annual charges and payments have been committed to and cannot be changed, such as Line Rentals, Internet and 3G/4G services. These fees must be paid.
13.6 Countrywide Broadband may terminate or re-price services, packages, solutions and call charges when an agreement broken:
14. USE OF SERVICE
141.1 By ordering any service supplied by Countrywide Broadband you the customer are agreeing to the Terms and Conditions set out in this agreement.
14.2 By ordering any service supplied by Countrywide Broadband you the customer are agreeing to Countrywide Broadband being able to change or add to these terms & conditions if so required by legislation, the Operator, OFCOM or any similar authority.
14.3 The Customer acknowledges that it has not been induced to enter into this Agreement by any representations made before or on entering into this Agreement (whether made negligently or innocently or whether oral or written) and that it has only relied upon matters set out in this Agreement in deciding to enter into this Agreement.
14.4 The Customer shall not assign or try to assign any or all of the rights and responsibilities under the Agreement, unless with the written agreement (including email) by all parties. Countrywide Broadband may transfer its right and obligations hereunder to a new service provider in which circumstances the Customer shall enter into a new agreement in the same terms as this with the new service provider (e.g. if Countrywide Broadband is purchased or cannot continue to support the products and services).