Document Reference: CXNWB 005
Version Number: 2
Date Created: 30.05.2020
Agreement Structure
Your agreement with us (“this agreement”) consists of the following documents:
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These conditions for hosted phone system services.
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The conditions for communication services.
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The sales order form.
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The relevant tariff(s) for the services we agree to provide to you.
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Any further conditions relating to specific services.
The terms of this agreement form part of the conditions of sale and shall be incorporated into the sales order form signed by the customer. These terms are to be read in conjunction with the conditions for communication services. If your hosted phone system solution includes our business broadband product, the conditions for business broadband services shall also apply. No individual set of terms will constitute a full-service contract. In the event of any conflict between these conditions and the conditions for communication services, the terms within these conditions will prevail.
1. The Service
1.1 We will supply you with the services in accordance with our terms and conditions, the signed sales order form, and the completed customer requirement form (CRF), which together form the agreement.
1.2 All details on the proposal document, sales order form, and CRF are based on information supplied by you and/or collected during a site survey (remote or onsite) and may be amended as per clauses 1.4 to 1.6.
1.3 We or our subcontractors may conduct surveys to determine if amendments to the service, equipment, installation fee, or service fee are required.
1.4 If amendments are needed, we will provide a replacement proposal and sales order form. Your written or email agreement to the replacement will supersede the original. If you do not agree, both forms will be cancelled 14 days after notification. Amendments may also be agreed via email, forming a binding record.
1.5 After surveys and signing of the replacement sales order form (if applicable), we will confirm the delivery and service commencement date.
1.6 We will use reasonable efforts to meet agreed timelines, but these are estimates only. Service levels are targets, not guarantees.
1.7 Delays in providing access to your premises will delay service commencement, and we are not liable for such delays.
1.8 You must:
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Prepare sites and networks as per our instructions.
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Provide full access to sites and networks.
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Ensure a suitable operating environment for equipment.
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Furnish necessary information and documents.
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Obtain third-party consents and comply with laws.
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Implement adequate security and virus checks.
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Manage your network to prevent conflicts with the HPS service.
Failure to comply may result in rescheduling, aborted visit charges, or reconfiguration fees.
1.9 We or our subcontractor will install the service and perform commissioning tests. Successful testing deems the service ready for use, and invoicing will commence from this date.
1.10 Site surveys may be required. Aborted visits due to your failure to prepare or provide access will incur standard aborted visit charges.
1.11 You must agree to an installation appointment within 14 days of our notification. Failure to do so will result in the appointment being fixed for our preferred date.
1.12 If your HPS service includes ethernet or wireless access, you are responsible for router installation unless otherwise agreed.
1.13 We will maintain the service to the service demarcation point.
1.14 Use of your own router remains your responsibility. Faults caused by non-Connexin equipment will incur charges for site visits.
1.15 We do not issue IP addresses for this service. Access is subject to internet authority rules.
1.16 An online portal will be provided for service control, but 24/7 access is not guaranteed.
1.17 999/112 emergency call services are supported but may not function during internet outages. Location and number may not be automatically identified.
1.18 Use of non-Connexin access circuits is your responsibility. Faults caused by such access will incur charges.
1.19 Third-party installation indemnifies us from claims or losses.
1.20 Daily sign-off for work may be required. Our sign-off is binding if you fail to provide it.
1.21 Unallocated user-based features may be recovered by us.
2. Acceptance
2.1 We will notify you when installation is complete. You must inspect and test the service and report material non-conformities.
2.2 We will remedy non-conformities that materially affect the service.
2.3 Acceptance occurs on the earlier of:
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Your written confirmation of testing completion.
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Five working days after our notification if no non-conformities are reported.
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Five working days after remedying reported non-conformities.
2.4 Additional time spent remedying non-conformities may extend project timelines. False claims of non-conformities will be charged as professional services.
3. Your Obligations
3.1 You must procure third-party consents (e.g., landlord, wayleave) and cover associated costs.
3.2 Provide named contacts with authority to make decisions.
3.3 Ensure a safe working environment for our staff and contractors.
3.4 You must:
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Fulfill contractual obligations.
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Follow our instructions.
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Provide up-to-date information and cooperation.
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Supply necessary facilities (office, IT, telecoms).
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Maintain backup copies of data.
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Comply with relevant laws and regulations.
3.5 Prevent unauthorised access or modification to equipment/service.
3.6 Obtain licenses for music on hold files and indemnify us for failures.
4. Your Use of the Service
4.1 Do not use the service for unlawful activities. Indemnify us against related claims.
4.2 Ensure materials transmitted are legal and non-infringing.
4.3 Agree to:
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House equipment as instructed.
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Keep equipment stationary.
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Avoid unauthorised modifications.
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Use only approved equipment.
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Maintain in-life changes via the online portal (charges apply for our assistance).
5. Equipment
5.1 Faulty equipment replacement depends on manufacturer warranties. Engineer visits are chargeable.
5.2 No warranties beyond correct configuration work.
5.3 Handsets are pre-configured; we do not unlock them.
5.4 Title to equipment remains ours if provided without separate charge.
5.5 Full retail price may be charged for equipment if:
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Invoices are unpaid.
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Contract is terminated early.
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Equipment is misused.
6. Risk and Warranty
6.1 Risk of damage/loss passes to you on delivery.
6.2 Notify defects within 30 days for replacement.
6.3 Equipment defects exclude service level obligations.
7. Fees and Payment
7.1 Pricing is indicative until confirmed post-survey. VAT-exclusive; valid for 30 days.
7.2 Pay installation fees upfront (or monthly if agreed) and service fees monthly.
7.3 Discounts apply only during the initial term unless otherwise agreed.
7.4 Fees may increase due to third-party costs or regulatory changes.
7.5 Deposits or guarantees may be required.
7.6 Call allowances are subject to fair usage; excess calls are charged.
7.7 Ceasing any HPS service element does not reduce liability for full monthly rental.
7.8 HPS ultimate package has fair usage limits (2000 minutes each for UK landline and mobile).
8. Service Suspension
8.1 We may suspend the service for:
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Operational reasons.
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Regulatory/legal changes.
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Court/authority orders.
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Harmful use.
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Breach of obligations.
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Non-payment of invoices.
8.2 Service level obligations are excluded during suspension.
9. Term and Termination
9.1 Contract starts on sales order form signing. Initial term is 36 months (unless stated), renewing annually unless 30 days’ notice is given.
9.2 We may terminate for:
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Material breach (28 days to remedy).
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Insolvency.
9.3 We may terminate on 30 days’ notice, extending beyond the minimum term.
9.4 Early termination incurs fees for the remaining term. Port-out fees apply (£15 per number).
9.5 Cancellation charges include incurred costs and lost revenue.
9.6 Termination may occur due to regulatory/legal changes.
10. Liability
10.1 No liability for delays beyond our control.
10.2 Implied terms are excluded to the maximum extent.
10.3–10.6 Liability is not excluded for death/personal injury, title breaches, or fraud.
10.7 No liability for indirect losses (e.g., profit, revenue, goodwill).
10.8 No liability for missed deadlines or service levels.
10.9 No liability for non-Connexin service elements.
11. Disputes
Complaints may be submitted:
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By email: disputes@connexin.co.uk
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By phone: 01482 363738 (followed by email).
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By post: Customer Complaints, Connexin Limited, K3 Business Park, 200 Clough Road, Hull, HU5 1SN.
Unresolved complaints after 12 weeks may be escalated to the Ombudsman Services (www.ombudsman-services.org).
12. Definitions
Key terms include:
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Acceptance: Completion of service per clause 2.3.
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Equipment: Routers, handsets, etc., provided by us.
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Service Demarcation Point: Maintenance boundary for the service.
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Working Day: Monday–Friday, excluding English holidays.