Policies
Telecom Terms & Conditions
These terms and conditions apply to our telephony and telecom services.
1. Definitions
In this agreement: "Agreement" means the Order Form and these terms and conditions; "Customer" means the person or entity whose details are set out on the Order Form; "Customer Equipment" means any telecommunications apparatus or system owned or controlled by the customer; "Order Form" means the request for services attached; "Minimum Term", unless otherwise set out on the Order Form, means a period of 60 months; "Service" means the telephony service the Customer has requested from Millennium Telecom on the Order Form; and "Service Equipment" means the electronic communications equipment Millennium Telecom or its sub-contractors may install at the Customer's premises for the purposes of providing the Service.
2. Acceptance
This Order Form shall be binding on Millennium Telecom only after it indicates its acceptance by commencing provision of the Service. Prior to acceptance the Customer agrees that Millennium Telecom may, itself or by its sub-contractors, carry out such credit checks as it deems necessary pursuant to paragraph 7.3.
3. Service Levels
Millennium Telecom agrees to provide the Service and the Customer agrees to use the Service on the terms set out in this Agreement. Millennium Telecom shall provide the Service with the reasonable skill and care of a competent telecommunications service provider.
Millennium Telecom shall use reasonable endeavours to ensure the Service is available, but owing to the nature of telecommunications networks it is impossible to guarantee a fault-free service, and quality depends on the quality and availability of other telecommunications networks across which calls or data are transmitted.
Any faults must be reported to Millennium Telecom or its sub-contractors on the telephone number shown on the Order Form. Standard Care cover provides cover between 09:00 and 17:30 Monday to Friday (excluding public and bank holidays); Millennium Telecom aims to respond to a fault report received before 17:00 on one working day by the end of the next working day. Faults reported outside these hours are treated as reported at the beginning of the next working day.
Millennium Telecom may change the Service for operational reasons, including a change to the code or telephone number used, provided any change to the technical specification does not materially affect performance.
4. Access and Installation
The Customer shall at its own expense, in advance of any installation work: obtain all necessary licences or consents (including for any alterations to buildings); provide sufficient approved electricity connection points in close proximity to the Service Equipment; and provide an appropriate environment for installation and carry out any making good or decorator's work required.
Millennium Telecom or its appointed sub-contractors shall deliver and install any Service Equipment required. Any delivery date specified is an estimate only and neither Millennium Telecom nor its sub-contractors accept liability for failure to meet it. The Service Equipment shall at all times remain the property of Millennium Telecom or its sub-contractors.
The Customer must not add to, modify or interfere with the Service Equipment, nor allow anyone else (other than someone authorised) to do so, and shall be liable for any loss or damage except fair wear and tear or damage caused by Millennium Telecom. The Customer must grant access during 08:00 to 18:00 Monday to Friday (excluding public holidays); work outside these hours is subject to additional charges. The Customer shall provide a suitable and safe working environment.
5. Use of the Service
The Service is for the supply of both a Telephone Access Line(s) and outbound Call Traffic over that Access Line(s). The Customer shall not request Carrier Pre-Selection or use any other Indirect Access routing method to route Call Traffic through another Service Provider.
The Customer shall ensure that Customer Equipment is in proper working order and complies with all applicable standards and approvals for network connection. The Customer shall ensure the Service is not used for any fraudulent, criminal, defamatory, offensive, obscene, indecent or abusive purpose (including menacing, nuisance or hoax calls) or so as to infringe the rights of any third party, and shall comply with all applicable laws and reasonable instructions.
Millennium Telecom may recover all reasonable costs incurred in investigating or remedying any fault caused by the Customer's negligence or default, by Customer Equipment, or where the fault does not lie with Millennium Telecom. The Customer acknowledges it does not own the telephone number(s) and may not transfer them without permission. The Customer indemnifies Millennium Telecom against any claims arising from use of the Service in breach of this paragraph 5.
6. Payment
The Customer shall pay the charges for the Service from the date the Service is first made available, as set out in the Order Form or the Millennium Telecom tariff. All prices are exclusive of VAT and subject to change on not less than 20 days' prior written notice.
The Customer shall be invoiced monthly in advance for Access Line(s) charges and in arrears for call charges, plus VAT. Payment is due within 14 days of the invoice date. If payment in full is not received by the due date, Millennium Telecom may levy a late payment charge of £10 + VAT on any unpaid overdue balance, with interest charged daily under the Late Payment of Commercial Debts (Interest) Act 1998. Invoices paid by means other than direct debit are subject to an additional £10 monthly charge.
Following a credit check, Millennium Telecom may require a cash deposit or bank guarantee, or place a limit on the Customer's account. Where the Customer fails to provide access for installation or fault repair, Millennium Telecom may charge for an aborted visit at the rate of £500.00 (plus VAT) per day or part day.
7. Provision of Information and Data Protection
The Customer undertakes to promptly provide, free of charge, all information and cooperation Millennium Telecom may reasonably require to perform its obligations. Millennium Telecom undertakes to keep any personal data in accordance with relevant data protection legislation and not to use or disclose it for any unlawful purpose, and may disclose personal data to its sub-contractors and service providers in order to supply the Service. Millennium Telecom may carry out credit checks and register information about the Customer with credit reference agencies.
8. Liability
Nothing in this agreement excludes or restricts liability for death or personal injury resulting from negligence, for fraudulent misrepresentation, or for any other liability that cannot be excluded by law.
Subject to the above, Millennium Telecom's total aggregate liability to the Customer in respect of all causes of action arising in each calendar year shall be limited to 125% of the total charges paid or payable for the Service in that calendar year, or £5,000, whichever is the greater.
Subject to the above, neither Millennium Telecom nor its sub-contractors shall be liable for loss of revenue, business, data, profit, anticipated savings, time, wasted expenditure, opportunity, or any indirect or consequential loss. Neither shall be liable for failure to perform due to circumstances beyond its reasonable control (including BT "Matters Beyond Our Reasonable Control").
9. Suspension of Service
Millennium Telecom may immediately suspend the provision of the Service without liability, on notifying the Customer, where: the Customer is in breach of any term; the Customer prevents or delays prearranged maintenance or fault repair; the Customer is suspected of involvement with fraud; Millennium Telecom is obliged to comply with an order of any government, emergency service or competent authority; operational reasons or an emergency require it; an event in paragraph 10.3 occurs; or the Customer's charges reach the limit set under paragraph 6.5. The Customer must continue to pay charges during any suspension up to the date of termination.
10. Term and Termination
This Agreement starts on the date the Service is first made available and shall remain in effect for the Minimum Term and thereafter for further periods of one year unless and until terminated in accordance with this paragraph 10. On termination for any reason the telephone service may be disconnected unless the Customer makes alternative arrangements with another provider.
Each party may terminate on not less than 90 days' notice in writing to expire at the end of the Minimum Term or on each anniversary thereof. Written termination notice must be sent strictly by recorded delivery to Millennium Telecom, 17 Midland Court, Oakham, Rutland, LE15 6RA.
Millennium Telecom may terminate immediately if: the Customer commits a material breach incapable of remedy, or fails to remedy a remediable breach within a reasonable time; the Customer is repeatedly in breach; any contract on which Millennium Telecom relies is terminated; the site is demolished; or the Customer becomes insolvent or subject to bankruptcy/insolvency proceedings. Millennium Telecom may also terminate immediately where the Customer fails to make any payment when due.
On termination, the Customer shall provide prompt access to remove any Service Equipment. Where this Agreement is terminated prior to the end of the Minimum Term, other than for breach by Millennium Telecom, the Customer shall pay any outstanding charges up to the end of the contracted period, the cost of de-installation, and a sum equal to 30% of the average monthly call spend multiplied by the number of months remaining in the contracted period.
11. General
The Customer may not assign or transfer this Agreement without Millennium Telecom's prior written consent. Millennium Telecom may assign, transfer, charge, mortgage or sub-contract any or all of its obligations to any third party or agent.
Any notice, invoice or other document may be given by leaving it at, or sending it by post (registered post in the case of notice) or fax (confirmed by post) to an address notified by the other party. Millennium Telecom may change this Agreement at any time on 30 days' notice in writing, provided any change does not materially affect the Service except where reasonable.
If any provision is found to be invalid, unlawful or unenforceable, the remaining provisions continue to apply to the fullest extent permitted by law. Failure to enforce any right is not a waiver of it. This Agreement, with any documents referred to in it (including the Millennium Telecom tariff), represents the entire agreement and supersedes all prior understandings. This Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English courts.