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| Terms & Conditions | |
| Definitions | |
| "GNIL" means Global Networks International Ltd. "Service" means the Service or Services requested by the Customer overleaf and to be provided to the Customer by GNIL. "Public Switched Network" means the public telecommunications system by which the Service is made available through the System. "System" means the communications system provided to GNIL by a network operator. "Act" means the Telecommunications Act 1984 and includes any amendments to the Act that may be made from time to time. "Customer" means the person, partnership or company detailed overleaf. "Due Date" means the date by which payment should reach GNIL. | |
| Agreement means this agreement entered into by and between GNIL. and the Customer and is subject to both the terms set out on the Customer Application Form and those herein | |
| 1. The Service | |
| 1.1The Service will, subject to these terms and conditions, enable you to receive incoming calls at your own cost via the use of a non-geographic number. | |
| 1.2 GNIL shall provide the Service to the Customer subject to these Terms and Conditions and subject to availability and shall exercise due care in the provision and maintenance of the Service. The Customer undertakes to use the Service in accordance with the conditions set out herein and such variations as may be notified in writing from time to time to the Customer by GNIL and in accordance with the Act or any other regulations relating to the Service. In ordering the Service the Customer agrees to submit to a check of their creditworthiness by GNIL or their agent. Use of the Service by the Customer will remain within the resulting credit limit at all times. The Customer shall indemnify and hold harmless GNIL against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated with any use of the Service by the Customer or provision of the Service by GNIL, any refusal of credit or any temporary or permanent suspension of the Service due to the imposition of the credit limit by GNIL or its Service. The Service may also be affected by faults in the Public Switched Network or the System. | |
| 2. Duration | |
| 2.1 The term of this Agreement is for a minimum period of 30 days and comes into effect from the date the Service commences, and is automatically renewed thereafter. Either party may cancel the Service at any time after the minimum period, on giving not less than fourteen (14) days written notice, such notification will only become effective upon receipt of written acknowledgement (or cancellation notice if cancelled by GNIL) from GNIL, following which the Service will be disconnected. | |
| 2.2 If cancellation notification is not received in writing from the Customer, then the terms of this Agreement will continue to apply. | |
| 2.3 The Customer may cancel an application prior to Service connection,. however any payments made at that time are refunded only at the sole discretion of GNIL. No refund will be possible if cancellation is requested after Service connection. | |
| 3. Provision of the Service | |
| 3.1 Subject to the general law, the phone number for the Service and all the rights in that number belong to GNIL. The Customer cannot sell it, transfer it, grant security over it or agree to do any of the foregoing, without seeking and obtaining GNIL's consent, which will not be unreasonably withheld. | |
| 3.2 If the Customer is supplied by GNIL with exclusive use of an AlphaNumeric number (or a 6 digit ex. BT memorable number) and at a later date decides to Port the number away from GNIL, the Customer agrees to pay to GNIL the sum of £250 / month or 3p / minute of traffic, whichever is the greater, for the entire lifetime usage of that number and cannot ever pass on to a third party the use of the number without the same undertaking being in place. | |
| 3.3 When the Service supplied is for the sole and exclusive use of a number within a pre-agreed region/area of the UK, then the Customer accepts that actual ownership of the number remains with GNIL, although GNIL guarantees never to unreasonably demand it be returned, whilst the Customer still wishes to use it. Should the Customer cease using the Service, it may be resold again as soon as GNIL is able to do so. | |
| 4. Suspension of the Service | |
| 4.1 GNIL may at its sole discretion upon giving the Customer three (3) days written notice elect to suspend forthwith provision of the Service (or any part of it) until further notice without compensation, in the event that: (a) Any demand for payment has been ignored, including the cancellation of an automated payment process, i.e. standing order, direct debit or such like. (b) The Customer is in breach of a material term of this Agreement (c) GNIL is obliged to comply with an order, instruction or request of the Government, an emergency services organisation, a third party Service provider, or other competent administrative authority. 4.2 The Customer shall reimburse GNIL for all reasonable costs and expenses incurred by the recommencement of the provision of the Service as appropriate. This shall not apply where the suspension is implemented otherwise than as a consequence of breach fault or omission of the Customer. | |
| 4.3 In case of breach fault or omission by the Customer, GNIL reserves the right to make a charge for any reconnection and apply different payment terms. | |
| 5. Liabilities | |
| 5.1 GNIL accepts liability without limitation for death or personal injury resulting from its negligence and, where the Customer is a consumer (as defined in Section 12, Unfair Contract Terms Act 1997) for any breach by it of any obligation implied by statute to use reasonable skill and care in the provision of the Service and liability which it cannot exclude by virtue of Section 7, Consumer Protection Act 1987. | |
| 5.2 GNIL also accepts liability up to a maximum of five hundred pounds (£500) for direct physical damage to or loss of property resulting from its negligence. | |
| 5.3 The Customer must notify GNIL of any claim as soon as reasonably practicable and in particular, within ten (10) days of suffering any alleged physical damage to/for loss of property. | |
| 5.4 This Section (5) specifies GNIL's entire liability to the Customer (including liability for negligence). Except as provided above, it shall not be liable for any loss, damage or injury to you whatsoever and howsoever arising, whether in contract, tort (including without limitation, negligence) or otherwise howsoever, and whether direct or indirect, consequential or contingent and whether foreseeable or not. In particular it shall not be liable for any financial loss, loss of business, profit savings, revenue loss or goodwill. All other statutory express, implied or collateral terms, conditions, or warranties are negated or excluded. | |
| 5.5 GNIL will not be liable if it is unable to perform an obligation or provide the Service because of any Force Majeure Factors, or in the event any telephone number allocated to the Customer is required to be changed for any reason whatsoever. | |
| 5.6 The Customer shall indemnify GNIL in respect of any costs or legal fees incurred by GNIL as a result of the Customer's breach of this Agreement or as a result of GNIL exercising any of its rights in this Agreement. | |
| 5.7The Customer undertakes to provide to GNIL free of charge and in full co-operation any information reasonably required by GNIL in order to fulfill its obligations under this Agreement. | |
| 5.8GNIL reserve the right to charge the volume of calls according to the estimated Monthly Minute Volume where the actual call minutes fall short of the expected targets. | |
| 6. Charges and Payment | |
| 6.1 The Customer shall pay for use of the Service according to GNIL's tariff as amended from time to time. Usage charges payable by the Customer shall be calculated by GNIL according to data recorded by GNIL or its Service provider. GNIL shall invoice the Customer monthly in arrears for use of the Service and for any standing charges as indicated overleaf but in advance where the Customer is required to maintain the account in credit. Where payment is by Direct Debit, the Customer's Account will be debited 14 days after the Invoice Date. Any queries should be settled before the account is due to be debited. Any sums owed by the Customer outside these payment terms shall attract interest at the rate of 5% per annum above the HSBC's Lending rate. The time of payment by the Customer of all sums due to GNIL under the Agreement shall be the essence of the Agreement. | |
| 6.2 Where the agreement is that the Customer will pay invoices by cheque, payment is due within seven (7) days of receipt of the invoice by the Customer. If payment is not received by the Due Date GNIL may, at any time after that date and without prejudicing its right to terminate this Agreement, suspend part, or all of the Service and/or prevent the Customer making further use of GNIL Services. | |
| 6.3 Invoices will normally be submitted by the 15th working day of the following month. Notwithstanding this, GNIL may ask for a deposit at any time, as security for payment of the Customer's invoices. If such deposit is not forthcoming, GNIL reserve the right to disconnect the Service. | |
| 6.4 GNIL shall arrange for submission of invoices and usage charges where applicable. Usage charges payable shall be calculated by reference to data recorded by GNIL and not by reference to any data recorded or logged by the Customer. | |
| 6.5 All bills will be itemised by date, time, duration and cost, the billing style is per second with a minimum of 60 seconds, and to make a change to the 0800 / 0845 / or 0870 target number will involve an administration fee of £5 | |
| 6.6 If and when BT (or other Carriers) begin charging a surcharge for 0800 calls made from their payphones to cover their maintenance costs, the Customer agrees to pay this and GNIL guarantee not to alter or increase it in any way. | |
| 6.7All prices are quoted exclusive of VAT, and VAT will only be charged where VAT is applicable to the Service. Details of VAT chargeable or non-chargeable services are available on request and are subject to Domestic and European legislation. | |
| 6.8 The Customer shall make all payments to GNIL without any deductions or reduction whatsoever and without any set off or counterclaim. | |
| 7. Termination | |
| 7.1 In the event that the Customer is in breach of the Agreement, provision of the Service to the Customer may be suspended forthwith by GNIL upon notification to the Customer orally followed by written notification without liability to the Customer and until further notice. The Customer shall pay GNIL all reasonable costs associated with such suspension of the Service and subsequent re-connection if it occurs. Without prejudice to their rights under the Agreement expressed or implied GNIL may terminate the Agreement in the event that a liquidator, trustee in bankruptcy, receiver or administrator is appointed in respect of the assets and/or business of the Customer or if the Customer is deemed insolvent according to the Insolvency Act 1986, or if any licence under which the Customer operates its business is revoked, amended or ceases to be valid. | |
| 7.2 Upon termination of this Agreement all amounts the Customer owes for use of any Services shall be due and payable in full upon demand. In the event the Customer cancels this Agreement, the Customer will reimburse to GNIL on demand all GNIL's costs and expenses in connection with any Services provided to the Customer. | |
| 8. General | |
| 8.1 The express terms of this Agreement represent the entire understanding between the parties in relation to the subject matter hereof and supersedes all other agreements and representations made by either party, whether oral or written and this Agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party thereto. | |
| 8.2 Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion. | |
| 8.3 Any notice, invoice or other document which may be given by GNIL under this Agreement shall be deemed to have been duly given if left at or sent by post to an address notified to GNIL in writing by the Customer as an address to which notices, invoices or other documents may be sent, or the Customer's usual or last known place of abode or business, or if the Customer is a limited company, its registered office. | |
| 8.4 The Customer warrants that all equipment and systems used by it in connection with the Service are fully licensed in accordance with applicable law and confirm in all respects with all applicable laws, rules and regulations from time to time. | |
| 8.5 The Customer will maintain the confidentiality of all information (not being information generally available to the public) which GNIL may provide the Customer in connection with the Service and this Agreement. | |
| 8.6 The Customer shall ensure that in it's use of the Service it shall not breach or infringe the rights of any third party howsoever arising or any statutory provision. | |
| 8.7 GNIL makes no warranty or representation and gives no covenant to undertaking that the use by the Customer of the Service will not infringe the rights of any third party, including without limitation any copyright design right patent trademark service mark confidential information or any other right whatsoever and GNIL shall have no liability or responsibility to the Customer in the event that the Service does infringe any such rights. | |
| 8.8 The Customer may not assign charge grant security over or otherwise transfer (or agree to do any of the foregoing) its interest in or the benefit or burden of this Agreement save with the prior written consent of GNIL. GNIL may assign charge grant security over or otherwise transfer (or agree to do any of the foregoing) its interest in or the benefit or burden of this Agreement at its entire discretion. Should GNIL so require, Customer will enter into a novation of this Agreement in favour of any third party nominated by GNIL from time to time. | |
| 8.9 The Customer shall abide by such instructions as GNIL may give from time to time in connection with the proper operation of the Service. | |
| 8.10GNIL may carry out any tests or other works in connection with the provision of the Service at any time and may suspend or interrupt the provision of the Service either with or without notice to do so. | |
| 8.11Failure by either party to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion. | |
| 8.12Any Bill or notice from GNIL will be deemed served within 48 hours of posting. | |
| 8.13Calls to (and from) GNIL may be monitored and/or recorded for staff training purposes and to improve customer service levels. | |
| 8.14GNIL may vary its Charges/Terms and Conditions at any time and will give 30 days notice thereof to the Customer. | |
| 8.15The Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all prior agreements, representations or understandings by either party whether oral or written. | |
| 8.16The Agreement shall be governed by and construed and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts. | |
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