MAINTENANCE TERMS AND CONDITIONS
System Maintenance Agreement Conditions
- MAINTENANCE PERIOD & CHARGE
The customer shall pay the initial maintenance charge for the Maintenance Service as specified on the face of this Agreement (“The Initial Contract Charge”) for the “Equipment” (being the Equipment described on the face hereof) on the Commencement Date (“PCI Date”) unless specified otherwise, on face if document.
The contract charge and any other amounts payable under terms of this Agreement are exclusive of Value Added Tax or any other similar tax levies or duties which will be added to or charged on invoices at the appropriate rate.
UNIFIED VOICE & DATA (“The Maintainer”) may alter the cost of service for any year following the primary period on giving to the Customer 42 days written notice.
Termination of this contract must be in writing and be received a minimum of 42 days prior to the annual renewal date. Request for termination after this period will be considered as notice for the next contract period.
All alterations to the Equipment and extensions including wiring shall be carried out by an installer authorised by UNIFIED VOICE & DATA.
Any alterations shall be notified to UNIFIED VOICE & DATA 14 days prior to commencement of service.
- MAINTENANCE & REPAIR
UNIFIED VOICE & DATA must be notified of any alteration and additions to maintain cover. There may be an additional charge to cover such alterations and additions. Any alterations and additions must be installed in accordance with the requirements of BS6701.
(a) a fault due to Customer’s error
(b) the Equipment being subjected to abnormal physical or electrical stress
(c) the Equipment being damaged due to accident, neglect, misuse by the Customer, acts of God, failure or fluctuation of electrical power or causes other than ordinary use
(d) the Equipment being tampered with by the Customer or any other party
(e) any failure or defective working of the Equipment due to any fault failure or change in the electricity supply and/or Network service and connections and/or host PABX systems.
The above faults or damage which are outside UNIFIED VOICE & DATA service liability under the Agreement may be repaired by UNIFIED VOICE & DATA at a price applicable at the time.
The Equipment may be replaced at the option of UNIFIED VOICE & DATA for any length of time at discretion with similar equipment which will also be subject to the Terms and Conditions of this Agreement.
The wiring between the network connections point as defined in the relevant legislation and any extension socket is covered by this Agreement providing it meets BS6701 requirements. Any underground or overhead routes unless specified and costs agreed to in schedule 2 will not be covered under this contract. The cost of any repairs to site wiring other than for a fault in correctly installed wiring shall be borne by the Customer at the Maintainers current charging rates for work and materials from time to time in force.
Extension sockets that are found to be faulty will be replaced with our standard socket and faceplate. Customers requiring faceplates to match décor other than standard faceplate will be liable for any extra costs.
- CUSTOMERS RESPONSIBILITIES
The customer will give or procure to be given to UNIFIED VOICE & DATA or its servants or agents at all reasonable time access to the premises on which the Equipment is situated for inspection, repair, adjustment or replacement. In addition the Customer will keep all records of Equipment, installation details and visit reports in a site log folder for reference to, by the Maintainer.
The Customer must not allow any person apart from UNIFIED VOICE & DATA its employees or argents to service or in any way interfere with the Equipment during any term of this Agreement. Any Maintenance by UNIFIED VOICE & DATA necessitated by such service or interference shall be charged to the Customer at the price applicable at the time.
The Customer agrees to pay an additional payment that may become due during the period covered by the contract charge as a result of additions or alterations to the “Equipment” any such further payment to be paid by the fifteenth day of the month following the date if the Company’s invoice thereafter.
The Customer acknowledges that it is its responsibility to effect insurance in respect of all risks relating to the maintenance of the Equipment not covered in Paragraph 5.
Interest at an annual rate of 4% above Barclays Bank plc Base Rate from time to time will accrue daily and be calculated on a daily basis on any sum not paid on the due date from the due date until the payment is received.
The Maintainer may terminate the Agreement by giving 28 days’ notice if the Customer has not paid the amount scheduled by the due date. The charge for any maintenance cover provided from the due date to the cancellation date, must be paid in full.
- LIMITATIONS OF LIABILITY
UNIFIED VOICE & DATA shall not be responsible to the Customer for any loss whatsoever arising out of any reason beyond the control of UNIFIED VOICE & DATA which shall include without prejudice to the generality of the foregoing any acts of God, fire, flood, accident, strike, lockout, or stoppage of UNIFIED VOICE & DATA business.
UNIFIED VOICE & DATA shall not be required to carry out servicing beyond its normal boundaries.
In the event of a fault being reported to UNIFIED VOICE & DATA which is found to be a fault external to the equipment then UNIFIED VOICE & DATA reserves the right to make a reasonable call-out charge.
The Company shall have the right to cancel the provision of Maintenance Service if it is prevented from or hindered in providing the service through circumstances beyond its control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, without incurring any liability for any loss or damage whatsoever resulting there from.
UNIFIED VOICE & DATA will be responsible for personal injury to any persons caused through UNIFIED VOICE & DATA negligence but apart from this shall be under no liability for any injury, damage or loss caused. The Customer hereby agrees to indemnify UNIFIED VOICE & DATA in respect of any liability for damage and/or costs incurred by any person whatsoever arising out of the use of the Equipment.
The Agreement and any conflict arising there from shall be governed and judged by the Law of England.
All notices required to be given in writing shall be sent by first class post to the last known address of the Customer or UNIFIED VOICE & DATA address as given above. All such notices shall be deemed to have been served on the expiration of 48 hours after posting.
Either party may terminate the Agreement by giving 42 days’ notice if the other party has failed to perform any of its obligations under the Agreement and such failure continues for a period of 42 days after written notice thereof.
UNIFIED VOICE & DATA may assign this Agreement to any other person without serving prior notice to the Customer. The Customer cannot assign any rights arising out of this Agreement without the prior written consent of UNIFIED VOICE & DATA.
This agreement shall form the whole of the terms of Agreements between UNIFIED VOICE & DATA and the Customer and no variation thereof shall be of any consequence whether prior or after the date of the Agreement unless expressed in writing and signed by or on behalf of UNIFIED VOICE & DATA and the customer.
The construction of this Agreement is not affected by any heading. Reference to the plural shall include singular and vice versa
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