Desk-Phone (DESK COMMS LIMITED) ServicesThis Agreement covers the provision by Desk COMMS Limited to you of our Services. DESK COMMS LIMITED”, “Desk-Phone”, “we”, “us”, or “our” means DESK COMMS LIMITED a limited company incorporated in England and Wales registered under Number 8429703 whose registered office is at Lawford House, Albert Place, London, N3 1QA.
TERMS FOR SERVICES
1 Our ServicesThis Agreement covers the provision by DESK COMMS LIMITED to you of our Services which are detailed in the list below.The Services provided by DESK COMMS LIMITED consist of:
- Telephone Rental of a handset
- Line Rental
- Provision of a landline number
- Initial setup of your telephone
- Provision of calls
- Provision of Voicemail, directory, history
2 Service commencement
- Our contract for services begins when the user requests and makes an agreement to pay the contracted price.
- From this time the user is liable for charges and will be required to pay any charges occurring ongoing.
3 Provision of servicesDESK COMMS LIMITED provides telephone configuration and depenending on the size of the requirement consultation services for office telephone systems. These are usually provided by mail order and delivery.
4 Contract Term & TerminationOur contract of service begins on the date of order and continues on a rolling monthly contract until the user initiates termination of the service. One months notice must be given in order to terminate the contract for service. Request to terminate the service can come at any time.
5 Effects of TerminationOn termination of this Agreement:
- all services provided by Desk Comms will be terminated effective immediately.
- The rental phone provided to you will need to be returned immediately to our trading address (207 Southwark Bridge Road, London, SE1 0DN).
- Your monthly direct debit will be immediately terminated.
- DESK COMMS LIMITED charge for provision of office phone services and rental of our handsets. You will be charged at the rates published in our communications and on our website. You acknowledge and agree that:
- Where a charges on your account are unpaid due to insufficient funds or direct debit cancellation, an administration charge will usually be included on your next monthly bill.
- DESK COMMS LIMITED will add a reasonable additional charge to your next bill to reinstate services suspended or terminated due to your breach of your payment obligations.
- All our charges are subject to VAT at the prevailing rate.
- Your invoice will normally include; handset rental, line rental, allocated tariff charges and support. Any charges that are incurred outside of your call plan such as calls outside your prepaid minutes will be added to your bill the following month.
- If an engineer visits your premises you will be charged for this service and billed separately. We reserve the rights to use a third party for such services.
7 Our Payment terms
- You are responsible wholly responsible for and must pay the Charges for the Services.
- You shall pay your invoices by either monthly variable direct debit which is processed using Go Cardless or Debit or Credit Card through our payment gateway Authorize.net. We reserve the right to refuse any new customer not wishing to pay by direct debit and subject to whether we believe them to be credit worthy.
- If your monthly direct debit or credit card payment fails we reserve the right to add a charge for payment failure/non payment of £5 to your account for every month where the payment failure/non payment occurs.
- You will be notified of any problems with your payments or direct debit instruction. Arrears and/or unwillingness to maintain payment by direct debit may result in your lines being restricted and in the termination of your Agreement.
- Cancellation of your direct debit does not constitute notice of termination of the Agreement by you, but we reserve the right to terminate the Agreement immediately if you cancel your direct debit for the payment of the Services and/or you chose another payment method.
- You are protected at all times by the direct debit guarantee which is governed by Go Cardless (http://www.gocardless.com)
- Desk Comms reserves the right to perform a credit check on you with no prior given notice, and to pass your credit history with Desk Comms on to other credit agencies and/or County Court.
- In the event that you wish to raise a complaint or dispute an invoice, you must contact one of our desk comms customer services operators within 2 months from the date of the invoice. After such period, any undisputed invoice will be deemed correct.
- All prices are given in GBP and cover all of the services detailed in section one of this document.
- Your inclusive minute plan will be re-set at the beginning of every month and will not roll over. Minutes are deducted from your monthly allowance at the rates that are displayed in our tariff documents rounded up to the nearest penny.
- Call Charges for any calls which fall outside of your inclusive allowances (based on your tariff) will then be rounded up to the nearest penny. In addition, desk comms may apply a per call connection Charge.
- All of our unlimited call price tariffs are subject to a fair usage policy, currently 2000 minutes (of which a maximum of 500 minutes may consist of calls to numbers other than UK local and national geographic numbers).
- In the event that you exceed the limits included in this fair usage policy:
- We will charge you our then current call charges as described above.
- We reserve the right to switch you to a more appropriate Tariff or call price plan at any time, to suspend the Services, or to terminate this Agreement with immediate effect.
- Local & national calls are numbers beginning 01 and 02 and 03 only and do not include non-geographic numbers (0845, 0870 etc) premium rate numbers (09xx) and Internet access numbers.
- Mobile call rates refer to calls to T-Mobile, Virgin, Orange, Vodafone and O2 only.
9 Rental agreement
- All handsets remain the property of Desk Comms Limited, being rented to the user as part of our service package.
- Phones must not be sold or removed from the location to which they are delivered or installed.
- Our phones must not be serviced or altered in any way by anyone that is not a Desk Comms Limited engineer.
- In the event that we deem that the phones have been damaged as a result of misuse other than reasonable wear and tear you will be charged the full price to replace the handset.
- On termination of your contract the phones must be returned to desk comms and we reserve the rights to visit premises or send in third party recovery specialists in order to recover our property.
- In the event that you become insolvent or your company goes into liquidation the phones are not salable as they are the property of Desk Comms Limited and can not be given to another creditor or sold with the business.
10 Your Obligations
- Breach of this agreement will result in the termination of your services and can result in legal action being taken by Desk Comms against you. As part of this agreement you agree:
- To use the Services in accordance with the terms stated in this Agreement, any instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the Services.
- 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 to commit a fraud or other criminal offence.
- If you are on an unlimited Tariff, you shall not exceed our fair usage policy, detailed in this document.
11 Repairs to the Services or hardwareDesk Comms are responsible for replacing faults in our hardware that are a result of reasonable amounts of wear and tear. This will entail us sending a new replacement Desk Phone to you. You will need to return your existing handset, postage will be at our expense.
12 Suspension of the Services
- Any failure to comply with the terms of this agreement may result in the suspension of your services (without being liable to compensate you):
- In the event of a local or national emergency;
- To comply with a request from a government or other competent authority;
- To protect or provide service to rescue or other essential services or otherwise;
- To maintain the quality of our Services or to upgrade the Services;
- If you fail to pay any amount due to us;
- If an event occurs which is beyond our reasonable control;
- If you materially breach any part of this Agreement; or
- If we have good reason to suspect fraudulent activity or misuse of our Services or any other breach by you of this Agreement.
- If bankruptcy or insolvency proceedings are brought against you, or if you make an arrangement with your creditors or if a receiver, an administrative receiver or an administrator is appointed over any of your assets or if you go into liquidation or a corresponding event under Scottish Law.
- The cancellation notice on all of our plans is 30 days from the date we receive your request. If you wish to terminate your service before the end of the 30 day cancellation period a £25 early termination fee would be added to your account. In addition, if we need to cancel your plan early due to non payment a £25 early termination fee would be added to your account and would need to be paid before your services can be re-activated.
13 ComplaintsAt desk comms we endeavour to ensure that all of our users are happy with the level of service they receive from us. However, despite our these efforts, our services have the potential to go wrong. We will always take customer complaints very seriously and aim to resolve them quickly, fairly and efficiently. If you have a complaint about any part of our service, please contact our customer service team.
14 Our Liability
- Desk Comms will not be required to compensate you as a user of our service for any detrimental event beyond our reasonable control. In this Agreement, ‘beyond reasonable control’ includes any act of God, reduction or failure of power supply, other telecommunication operators and suppliers or their equipment including access lines, act or omission of national or local government authority, war, act of terrorism, military operation, riot or delay, employee dispute, or supply of equipment by third parties.
- Nothing in this Agreement shall exclude or restrict a Party’s liability for matters which cannot by law be excluded or restricted. Nothing in this Agreement excludes or limits your liability to pay the Charges (or any amount owed by you under this Agreement) or each Party’s liability with respect to death or personal injury resulting from the negligence of that Party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit. However, nothing in this Clause gives a Party any right or remedy which it would not otherwise have.
- We shall not be liable to you, whether in contract, tort (including negligence) or otherwise, for direct or indirect loss of profits, business, production, revenue, any contract, opportunity, or anticipated savings, or wasted expenditure, loss of goodwill or injury to reputation, nor for any indirect or consequential or special loss or damage or for any destruction, corruption or loss of data, or losses arising from your use whether any such losses could be reasonably foreseen by us or not.
- Desk Comms, its employees and its sub-contractors’ entire liability to you (including liability for negligence) in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall, for any one incident or series of related or unrelated incidents within a period of 12 months, be limited to the annual Charges paid by you to Desk Comms;.
15 Monitoring and recording calls and Data protection
- Desk Comms may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our services.
- We may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain our Services.
- By registering for the Services you consent to us using and/or disclosing your personal information for the following purposes:
- processing your application (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account);
- providing or arranging for third parties to provide customer care/help desk facilities and billing you for the Services (which may involve disclosing your information to third parties solely for those purposes);
- to maintain quality and for training purposes, we may monitor and record telephone conversations with you;
- to inform you about other Desk Comms products or services, or products and services from our group of companies unless you opted out to this during the application process or you notify our customer services in writing, signifying that you do not wish to receive this information from us;
- to disclose all or part of your personal data to a regulator (i.e. Ofcom, the Information Commissioner Office), a court, or to a public body to comply with any regulatory, government or legal requirement; and
- to communicate information that describes the habits or usage patterns and/or demographics of the whole or a part of our customer base (including you) but which is anonymous and does not describe or reveal the identity of any particular customer to any third party.
- We shall be entitled to make your name, address and telephone number available to the emergency services.
16 Warranties and Representations
- Other than as expressly set out in this Agreement and to the greatest extent permitted by law, Desk Comms Limited makes no representations or warranties with respect to the Services, or the performance of its obligations hereunder, and expressly excludes such representations and warranties, whether implied, statutory or otherwise to the maximum extent permitted by law.
- In particular, but without prejudice to the generality, you acknowledge and accept that:
- Desk Comms does not warrant that the Services will be available at any particular time or continuously; and
- Desk Comms is not responsible for any loss of or disruption to the Services due to failure of a carrier network or broadband provider.
- You Warrant to us that:
- You have the authority to enter into this Agreement; and
- You will comply with any legal and regulatory requirements applicable to the Services provided under this Agreement
- You may not transfer or assign this Agreement or any rights under it without our prior written consent. We may assign or transfer our rights and obligations under this Agreement to a party who agrees to continue complying with our obligations under the Agreement. If any provision or condition of this Agreement shall be invalid or unenforceable, the remaining terms shall continue to apply. This Agreement represents the entire agreement between the Parties in relation to its subject matter and supersedes all agreements and representations made by either Party, whether oral or written. If there is any inconsistency between this Agreement and your Confirmation Letter, the Agreement shall take precedence. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right. If either Party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either Party waives a breach of this Agreement that waiver is limited to that particular breach. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England. The Parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). The Parties do not intend that this Agreement be enforceable by any person not a Party to this Agreement including under the General Terms (Rights of Third Parties) Act 1999. The Parties acknowledge and agree that they have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it. Any notices sent by you to us must be sent by post (or fax) to our address above, must quote your account number and shall not be effective until received by us. Notices sent by us to you may be sent (i) by hand, post or by recorded delivery to your billing address specified on your Order or to your registered office; or (ii) by fax to your fax number specified on your Order or as otherwise notified by you to Desk Comms in writing; or (iii) by email to your email address specified on your Order or as otherwise notified to us in writing (iv) by posting information in our website. Notice by us to you given by hand shall be deemed given the same day. Notice by us to you given by post shall be deemed to have been received 48 hours from the date of posting. Notice by us to you given by recorded delivery shall be deemed given on the date and at the time of signature of the delivery receipt. Notice by us to you given by fax shall be deemed given when transmitted, provided that the sender shall have received a transmission report confirming correct transmission. Any communication from Desk Comms to you by email shall be deemed to have been made on the working day on which the notice is first stored in your electronic mail-box.
18 The Direct Debit Guarantee
- This guarantee is offered by Go Cardless.
- The efficiency and security of the Scheme is monitored by Go Cardless.
- If you receive a refund you are not entitled to, you must pay it back immediately when desk comms asks you to.
- You can cancel a direct debit at any time by writing to your bank or building Society. Please also send a copy of your letter to us.
- Delivery Charges – Our standard UK charge of £7.30 covers packing and postage. All delivery charges will be shown at checkout, before and after confirmation of your order. (NB All prices include VAT at current ruling rate.)
- Delivery Timeframes – Standard delivery is by courier. When ordered before 4pm Monday-Thursday we aim to deliver next day but please allow up to 3-5 working days for delivery. Delivery will be attempted between 8am and 6pm. Any charges for failed deliveries may be passed on the customer (see below for more detail). If any products you’ve requested aren’t in stock, we’ll email you to let you know.
- Delivery Locations – We deliver to all postal areas in the UK, including England, Wales and Scotland. Delivery to addresses on islands or in remote areas of the UK mainland may take a little longer than our usual delivery times, with delays possible if you live in the following postcode areas: AB, BT, DD, GY, HS, IM, IV, JE, KW, PA, PH, PO30 – PO41, TR21 – TR25, ZE. If we believe that the delivery address you’ve given may not be not secure (for example, if it’s a communal postal address or PO Box), we may contact you to make alternative arrangements. Customers outside the UK please contact support at email@example.com with details of the products you’d like to order, so that we can send you a shipping quotation.
- Drop shipping – We’re happy to deliver all or part of your order to addresses other than your own, and during the checkout process you’ll be given the option to tell us where you want to send the items in your basket. (Opting for multiple delivery addresses will incur additional delivery charges. – please contact firstname.lastname@example.org
- Failed Deliveries – Deliveries are usually made on Mondays to Fridays, between 8am and 6pm. If the recipient isn’t in, our courier (APC) will leave a card confirming that they’ve tried to deliver your parcel and it will be held at your local APC depot. Please find help and advice from APC here https://apc-overnight.com/receiving-a-parcel/faqs-receiving/
- Partial Orders – If there are any items missing from the order (as detailed in your order confirmation email), please contact support at email@example.com or phone us on 020 3434 2068.