Unified Voice and Data|Service Terms and Conditions


1. Definitions
In these terms and conditions the following words have the following meanings.
1.1 UNIFIED VOICE & DATA” means UNIFIED VOICE & DATA LTD of Innovation Way, Barnsley S75 1JL
1.2 “The Buyer” means the individual, firm, company, corporation or other body which enters into a contract with UNIFIED VOICE & DATA pursuant to these terms and conditions.
1.3 “The Buyer” means the individual, firm, company, corporation or other body which enters into a contract with UNIFIED VOICE & DATA pursuant to these terms and conditions.
1.4 “Equipment” means telephones, facsimile machines, personal computers, plugs, sockets, switchboards, modems, switch gear, circuit boards and all other telecommunication and ancillary equipment supplied by UNIFIED VOICE & DATA to the Buyer
1.5 “Services” means the installation, connection, commissioning, servicing and repairing of the equipment and the training of relevant members of the Buyer’s organisation
1.6 “System” means the equipment and all the cables or other electrical and electronic links between the various items of equipment
1.7 “Price” means the sums payable by the buyer to UNIFIED VOICE & DATA as defined in paragraph 6.1 of these conditions
1.8 “Commissioning Date” means the date by which the equipment is installed, and the system is fully operative.
1.9 “Contract” means the agreement subject to these conditions between UNIFIED VOICE & DATA and the Buyer for the supply and installation of equipment and services.
1.10 “Conditions” means these terms and conditions.
1.11 Headings in these conditions are for guidance only and have no legal
1.12 Significance as regards the meaning and interpretation of these conditions

2. Conditions governing contract
These conditions shall govern the contract between UNIFIED VOICE & DATA and the Buyer and shall prevail over any other terms and conditions.
2.1 Nothing that is said or done by UNIFIED VOICE & DATA or its employees or agents will constitute an acceptance of any other terms and conditions nor variation of these conditions.
2.2 The employees and agents of UNIFIED VOICE & DATA have no authority to agree variations of these conditions or to make any statement or representation which is binding on UNIFIED VOICE & DATA as regards the contents, meaning, or interpretation of these conditions.
2.3 These conditions can only validly be varied in writing by an Executive Director of UNIFIED VOICE & DATA.

3. Delivery, risk and time
3.1 Delivery is complete, and the risk of loss or damage to the equipment passes to the Buyer when that equipment is brought into the Buyer’s premises or, if the Buyer wrongfully refuses or fails to take delivery of the equipment, at the time when UNIFIED VOICE & DATA has tendered delivery.
3.2 For the purposes of paragraph 3.1 above the address for delivery is the Installation address shown on UNIFIED VOICE & DATA’s order form.
3.3 Despite the risk of loss or damage to the equipment passing to the Buyer upon delivery the property in that equipment is retained by UNIFIED VOICE & DATA until it is paid for in full (see paragraph 8 below).
3.4 Time and dates for delivery and installation given by UNIFIED VOICE & DATA are approximate only and whilst every effort will be made by UNIFIED VOICE & DATA to meet those dates, time is not of the essence.
3.5 UNIFIED VOICE & DATA shall not be liable for any delay, however long, that is caused by the Buyer, the network provider or any other person or body other than UNIFIED VOICE & DATA.
3.6 For the avoidance of doubt, where work is required from others, in order to render the system fully operative UNIFIED VOICE & DATA may arrange this work but does so as an intermediary or facilitator, but not an agent, on behalf of the Buyer and without any liability being incurred or assumed by UNIFIED VOICE & DATA

4. Licenses, consents
It is not UNIFIED VOICE & DATA’s responsibility to obtain any licences necessary for the lawful use of the equipment. All software and End User licences sold as part of the solution are sold in accordance with the current “End User Licence Agreement” published by the system manufacturer. (Copies of the EVLA are available on request).

5. Training
Where UNIFIED VOICE & DATA agrees to provide training to members of the Buyer’s organisation such training will cover only the basic operation and functions of the equipment. It will not include training in every function or feature of the equipment where this is covered by manuals or instructions provided with the equipment nor will it include training, for example, in telephone technique. The provision of training will be appropriate to the complexity of the equipment.

6. Liabilities
6.1 UNIFIED VOICE & DATA is not liable for:
(1) Any consequential economic loss suffered by the Buyer, howsoever it may have been caused;
(2) The work of any person or body other than its own employees or contractors;
(3) The work of any person or body other than its own employees or contractors;
Any loss or damage caused by the pre-existing cabling or any equipment not supplied by UNIFIED VOICE & DATA pursuant to this contract;
(4) For any failure to perform its obligations under the contract, or any variation in the way in which it is performed, if performance in the way originally agreed is made impossible or uneconomic, or is delayed or hindered, by events or circumstances beyond UNIFIED VOICE & DATA’s reasonable control and UNIFIED VOICE & DATA shall not be required to use its best endeavours to circumvent the impossibility, delay, hindrance or circumstances making performance uneconomic.
(5) For any claim notified by the buyer more than 28 days after the commissioning date.
6.2 UNIFIED VOICE & DATA reserves the right to change the specification of the equipment in any way which is required in order for it to comply with any legal requirement and the Buyer shall be obliged to perform the contract unless any such change materially affects the quality or fitness of the equipment.
6.3 Under no circumstances, other than the event of death or bodily injury, shall UNIFIED VOICE & DATA’s liability exceed the price payable under this contract as defined in these Conditions.
6.4 UNIFIED VOICE & DATA Communications will take all reasonable measures against toll fraud however, toll fraud is a form of Cyber Fraud, and therefore it is your responsibility as an end customer to have the correct business insurance for this as you will be liable for any fraudulent call charges made using your telephone lines/system.

7. Payment
7.1 For the avoidance of doubt the provisions of sub-paragraphs 7.5 and 7.7 do not apply where equipment is acquired on lease.
7.2 The price is the cost of the installation and delivery of the equipment, the equipment itself and training including Value Added Tax.
7.3 UNIFIED VOICE & DATA shall be entitled to vary the price of the equipment should the price charged by any supplier to UNIFIED VOICE & DATA vary between the date of the Buyer’s order and the date of delivery.
7.4 UNIFIED VOICE & DATA shall be entitled to be paid quantum merit for any work it is unable to complete for reasons beyond its control such as the Buyer being locked out of premises by a landlord.
7.5 Any quotation or estimate provided by UNIFIED VOICE & DATA to the buyer is valid only for 30days and, unless specifically stated, the estimated or quoted price is based on the following assumptions:
(1) That UNIFIED VOICE & DATA, upon given reasonable notice to the buyer, be allowed free and uninterrupted access to all parts of premises where equipment;
(2) That the installation work will take place between 8.30 am and 5.30 pm Monday to Friday;
(3) That all cable runs will be surfaced fixed;

7.5a The Buyer will pay the price in the following instalments:
(1) 20% upon order;
(2) 50% on delivery;
(3) 30% on the commissioning date
Payment of the first instalment of 30% of the price will only be refundable to the Buyer if performance of the contract is prevented within the meaning of Paragraph 6.1 (4) above before delivery. Time shall be of the essence and interest will accrue on any overdue balance at 4% above Barclays Bank base lending rate from time to time.
7.6 If UNIFIED VOICE & DATA has to take any proceedings whatsoever in order to recover the price or any part of it or to recover any property or to protect, enforce or defend its rights under this contract any costs reasonably incurred in those proceedings shall be paid by the Buyer on an indemnity basis.
7.7 In the event that any part of the price remains unpaid by the Buyer more than 30 days after the commissioning date UNIFIED VOICE & DATA shall have the right to prevent the Buyer from using the system other than to accept incoming calls and data notwithstanding any set-off that Buyer may claim against UNIFIED VOICE & DATA and without UNIFIED VOICE & DATA incurring any liability by reason of its exercising the right conferred by this sub-clause.
7.8 In the event of cancellation or repudiation of the contract by the Buyer otherwise than in accordance with these conditions the buyer shall be liable to pay to UNIFIED VOICE & DATA by way of liquidated damages:
(1) One-third of the price if the cancellation or repudiation takes effect before UNIFIED VOICE & DATA has begun installation works; and
(2) One-third of the price plus the cost of any installation works carried out if the cancellation or repudiation takes effect after the commencement of installation works.

8. Buyer’s insolvency
8.1 If the Buyer does any of the following:
(1) goes into administration;
(2) goes in receivership or administrative receivership; or
8.1a To refuse to do any further work, whether it be installation, servicing, replacement, or maintenance; and
(1) To refuse to supply any further equipment.

9. Retention of title
9.1 The equipment shall remain UNIFIED VOICE & DATA’s property until the Buyer has paid the price in full, including any interest and costs to which UNIFIED VOICE & DATA is entitled under paragraphs7.5 (3) and/or 7.6 above.
9.2 Until such time the Buyer holds UNIFIED VOICE & DATA’s equipment as bailee.
9.3 Although the equipment remains UNIFIED VOICE & DATA’s property until it is paid for in full it is nevertheless at the Buyer’s risk from the time of delivery and the Buyer shall insure it against loss or damage accordingly.
9.4 The Buyer loses the right to possession of any goods which remains UNIFIED VOICE & DATA’s property if;
(1) the price together with any costs and interest has not been paid in full within the period provided for in these conditions or within any extended period granted by an executive director of UNIFIED VOICE & DATA in writing; or
(2) The occurrence of any of the events described in paragraph 8.
9.5 If the buyer’s right to possession of the equipment ceases in accordance with this sub-clause the Buyer shall, at its, their, his, her own expense make the goods available to UNIFIED VOICE & DATA and allow UNIFIED VOICE & DATA to repossess them.
9.6 The buyer hereby grants UNIFIED VOICE & DATA, its employees and agents an irrevocable licence to enter any premises where the equipment is in order repossess it or inspect it at any time.
9.7 If, in exercising its rights under this paragraph, UNIFIED VOICE & DATA repossesses goods for which the Buyer has already paid, UNIFIED VOICE & DATA may set-off against any sums which become due from it on that basis any sums due from the Buyer in respect of other contracts.
9.8 The buyer is not entitled to sell any equipment which remains the property of UNIFIED VOICE & DATA. Should the Buyer sell goods the proceeds of such sale must be paid into a separate bank account and the Buyer must account to UNIFIED VOICE & DATA for those proceeds.

10. Dispute resolution
10.1 Any dispute between UNIFIED VOICE & DATA and the Buyer may, at the election of UNIFIED VOICE & DATA, be referred for Alternative Dispute Resolution by a mediator or facilitator appointed by ADR Group Limited or CEDR and the Buyer hereby irrevocably agrees to such Alternative Dispute Resolution.
10.2 If any dispute is referred to Court it shall be dealt with by the Courts in England and Wales.
10.3 Whether any dispute be referred to the Court or for Alternative Dispute Resolution the contract is governed by, and the dispute shall be resolved reference to, the procedural and substantive law of England and Wales.


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