WEBSITE TERMS & CONDITIONS
These terms and conditions apply to the use of this website (the “Website”). Please read these terms and conditions carefully. Your use of the Website is confirmation that you have understood and agreed to be bound by all of these terms and conditions. Marston’s Telecoms may suspend your use of this site immediately if you do not comply with these terms and conditions.
The Website is communicated by and is the property of Marston’s Telecoms, and all the material on this Website is subject to copyright with all rights reserved.
Use of the Website
Users may not link any other website to the Website without obtaining the prior written consent of Marston’s Telecoms. Users must also not use the Website in a way which causes or may cause:
The Website or the service offered to be interrupted, damaged or impaired;
offence or detriment to any other person who uses the Website or any services offered;
Marston’s Telecoms, you or any other user of the Website to be in breach of applicable law or regulation; or detriment to any person who supplies services to Marston’s Telecoms in connection with the Website.
Access to the Website is not open to persons resident in, or citizens of, any territory outside of the United Kingdom where to allow such access would require any registration, filing, application for any license or approval or other steps to be taken by Marston’s Telecoms in order to comply with local laws or other regulatory requirements in such overseas territory. We make no representation that any material contained on this Website is appropriate for any jurisdiction other than the United Kingdom. The server on which this Website is maintained is located in England and the information delivered via the site is deemed to have been delivered in England.
The Website is for informational purposes only. Nothing in the Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction, and must not be relied upon in connection with any investment decision.
The information on the Website, including all opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services, but is for information purposes only.
No warranty, condition or undertaking or term, either express or implied, is given that the information or opinions contained in this website are accurate, reliable or complete or as to the freedom of this site from defects, viruses, malicious programs or macro or as to the appropriateness of the content of the Website for any use which the recipient may choose to make of it. The information published on the Website is provided as a convenience to visitors and should be used for informational purposes only and is subject to change without notice. If you require additional information, you should contact appropriate Marston’s Telecoms personnel.
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THE WEBSITE AND ALL THE INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to the Website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any direct, special, consequential or indirect or punitive damages, losses, costs or expenses and any loss of profit incurred by you, whether arising in tort, contract or otherwise, and arising out of or in connection with your access to or use of, or inability to use, the Website or use of any material on the Website even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this Website by unauthorised third parties.
In addition, any software which may be offered by the site from time to time is downloaded at your own risk. If you are in any doubt as to the suitability of this software for your computer, it is recommended that you obtain specialist advice before downloading it.
We provide no warranty that the Website will be available at any time. We will attempt to correct all faults as soon as we reasonably can. Marston’s Telecoms makes no representations or warranties in particular as to the accuracy, currency or completeness of any information contained on the Website and may change the information at any time without notice.
The content of the Website is subject to copyright with all rights reserved. The copyright and all other rights in all of the material on the Website (including without limitation the screen displays, the content, the text, graphics and look and feel of the site) are owned by Marston’s Telecoms and its licensors. You may download or print out a hard copy of such individual pages and/or sections of the Website as you may reasonably require provided that this is for private, non-commercial or domestic use only and that you do not remove any copyright or other proprietary notices. Any downloading or other copying from the Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Website without our prior written permission. Any unauthorised reproduction or use of the Website or the information presented therein may be the subject of prosecution, particularly for infringement of copyright. Any rights not expressly granted in these terms are reserved.
Links to External Sites
The Website may contain links to or from other websites over which Marston’s Telecoms has no control. These linked sites are for your convenience only and you access them at your own risk. We are not responsible for the content of any linked sites. We do not in any way endorse the linked sites. Links to the Website may not be included in any other website without the prior written consent of Marston’s Telecoms. We will not be responsible for the content of any advertising that may appear on our site nor for its compliance with any applicable laws or regulations.
You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications to us by means of this Website, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
No Representation or Warranty
No representation, warranty or guarantee or any kind, express or implied, is given by Marston’s Telecoms.
While we use reasonable endeavours to obtain information from sources which we believe to be reliable and to ensure that the information on the Website is up to date and accurate, Marston’s Telecoms makes no representation or warranty that the information or opinions contained on the Website are accurate, reliable or complete. The information and opinions contained on the Website are provided by Marston’s Telecoms for personal use and for informational purposes only. You are solely liable for any use you may make of this information. Marston’s Telecoms makes no representation, warranty, condition, undertaking or term, whether express or implied, as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness or freedom from viruses of the content contained on the Website or that such content will be accurate, up to date, uninterrupted or error fee. Whilst we take every care to ensure that the standard of the Website remains high and to maintain the continuity of it, the internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time, for which Marston’s Telecoms accepts no responsibility.
Changes to the Terms
Changes are periodically made to the information on the Website and to these terms and conditions and these changes will be incorporated in new editions of this site. Marston’s Telecoms reserves the right to alter or amend any information set out in the Website and these terms and conditions without notice. If you use the Website after Marston’s Telecoms has posted the changes, you will be bound by the new terms. You should therefore ensure that you read the terms and conditions each time you use the Website.
Marston’s Telecoms does not give persons accessing the Website permission to use any trade mark contained in the Website. Unauthorised use may constitute an infringement of the relevant owner’s rights.
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable whilst preserving their intent or, if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions in any other jurisdiction and the validity of the part(s) in question shall not be affected thereby.
You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.
Government Law and Jurisdiction
These terms and conditions, your use of the Website, and all matters connected with them (whether contractual or non-contractual) are governed by and shall be construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the English courts. If you access the Website from outside the UK you are responsible for ensuring compliance with any local laws relating to access.
TERMS AND CONDITIONS FOR THE PROVISION, DELIVERY AND BILLING OF TELECOMMUNICATION SERVICES
1. Pre-contractual notices
(a). This agreement is an on-line agreement. You are therefore not required to sign and return it in order to be bound by its content. You are not obliged to accept this agreement. However, your attention is brought to Paragraph 5 below, which clearly defines the conditions under which this agreement between you and us shall commence and the duration of its term. If you have any queries relating to this agreement, then please contact us. Our contact details can be found on the web page www.marstons.co.uk/contactus.htm.
(b). From time to time we will update these terms and conditions. Each time we update them we will publish the updated version on our website page www.marstons.co.uk/telecoms_terms_and_conditions.htm and, in order that you can refer to them, we will retain a copy of the pre-updated terms and conditions, on our website page www.marstons.co.uk/telecoms_terms_and_conditions_old.htm.
(c). We will inform you whenever changes occur via a notification on our monthly invoice to you, and if you do not write to us within Fourteen days of our notification, clearly stating which changes you do not accept. It will be assumed that you have seen our notification to you of the change(s) in our terms and conditions, read the latest version of them and, found them to be acceptable.
In these conditions (unless the context otherwise requires) the “Act” means the Telecommunications Act 1984 and any amendments, modifications re-enactment or replacements of the Act that may be made from time to time. “We”, “us” and “our” means Marstons Telecoms Ltd., and its successors in title and assigns from time to time. The “Contract” means the contract between you and us for the provision of Services. The “Hire Agreement” means the hire agreement for the hardware (if any) made between the Customer and the Company of even date herewith. “You” and “your” means the person or firm with whom the Contract is made. The “Services” means the telecommunications services to be supplied by us pursuant to the contract.
(a). These conditions shall apply to the Contract to the exclusion of any other terms and conditions contained or referred to in any order, letter, form of contract or other communication sent by you to us and the provision of these conditions shall prevail unless expressly varied in writing and signed by a Director on our behalf. Where we specifically agree terms with you in writing those terms shall prevail over any conflicting terms in these conditions.
(b). Any concession made or latitude allowed by us to you shall not affect our rights under the Contract.
(c). In the event that a service(s) we have provided to you that were subject to a Contract is/are upgraded/enhanced or modified in any manner whatsoever, as a result of your request, then the terms and conditions of this contract shall supercede the terms and conditions of the pervious contract that you agreed to enter into.
4. The Services
(a). We undertake to provide you with the Services in accordance with these conditions.
(b). If appropriate, you authorise us, our agents, employees or other authorised personnel to reprogram and/or install access equipment, in order to provide the Services.
(c). All times, dates and periods given for performance of the Services are given in good faith, but without responsibility on our part.
(d). You acknowledge that in order to avoid delays occurring in the ordering process we will need to be notified by British Telecommunications Group Plc., (hereinafter referred to as “BT”) and/or any other of your existing incumbent(s) of any products or Services presently in use on your line(s) which are both compatible and incompatible with the Services BT and/or any other of your existing incumbent(s) provide to us. BT and/or any other of your existing incumbent(s) are under a strict duty not to disclose information about one of their customer’s telecommunication services to a third party unless their customer has consented to such disclosure. Upon entering into this Contract you give consent to BT and/or any other of your existing incumbent(s) to disclose such information to us.
5. Length of the Contract
(a). The Contract shall come into force on and with effect from the date of acceptance by us of your order and (unless otherwise agreed by us in writing) shall continue for a period of twelve calendar months from the date of our first sales invoice to you for the Services ordered. Unless indicated by either party, in writing, either during the term of the contract or within fourteen days from the expiration date of the Contract, that the Contract is to not be renewed on its anniversary date, the Contract shall automatically renew for the same period of time, to the period of time that it was entered into in the first instance. This renewal process will recur on each anniversary date of the Contract.
(b). When (at any time after you have entered into agreeing with our terms and conditions for the first time) you order additional services from us, upon the date that each of these new services are provided, each of them will invoke a ‘new instance of our most recent terms and conditions at that date’, being agreed by you.
6. Your use of the Services
(a). It is agreed by you that at any time we can change our preferred method of routing your telecommunications over the Services we have provided.
(b). It is expressly agreed by yourselves to not route any telecommunications material over the Services we have provided with any third party provider without our prior consent to you in writing.
(c). You undertake not to contravene the Act nor any other relevant regulations or licenses regarding the provision and use of our telecommunications services.
(d). You shall ensure that your telecommunications apparatus shall at all times conform to the relevant standard(s) (if any) under the Act and we shall not be under any obligation to connect or keep connected any of your apparatus if it does not conform or if in our reasonable opinion it is liable to cause death, personal injury or to impair the quality of any Services provided by us or to put us in breach of our obligations to any third party. You shall also comply with all relevant statutes, regulations or other regulations in force from time to time.
(e). You undertake to use the Services in accordance with the Act, and any license granted there under.
(f). You further undertake not to use the Services; as a means of communications for a purpose other than that for which the Services are provided; for the transmittance of any material which is defamatory, offensive or of an abusive or obscene or menacing character or is of a nature which when transmitted would constitute a criminal offence or which infringes the rights of any third party including but not limited to contractual rights and intellectual property rights; for any purpose which we may notify to you from time to time by reason of any relevant legislation which comes into force.
(g). You shall indemnify us from all losses, fines, damages, claims, costs and expenses suffered or incurred by us arising from or in connection or in breach of any provision of the Contract.
7. Our Access to your Premises
You shall permit or procure permission for us, our agents, employees and other persons authorised by us to have access to your premises in order that we can have access to any equipment that we have provided.
8. Suspension of Service
(a). We may at our sole discretion upon giving you written notice elect to suspend forthwith our Services until further notice without compensation to you.
(b). In the event that we temporarily suspend our Services to you as a result of your failure to pay our invoice to you by its due date, and you request we re-instate our Services to you. You agree to pay, in advance of our Services being re-instated to you; a “Pro Forma” invoice we shall issue to you for a value, equal to no more than three months average monthly billing for the Services (net of VAT) and a £20.00 GBP (twenty GB pounds) re-connection administration charge per line and/or circuit. The amount you pay to us in respect of the “Pro Forma” invoice, less the £20.00 GBP (twenty GB pounds) re-connection administration charge(s) will be held on account by us as a security bond, until such time as our telecommunication Services to you are de-provisioned and a final account has been reconciled by us.
9. Our Liability
(a). In these Conditions we do not exclude or restrict our liability for death or personal injury resulting from our negligence of our employees while acting in the course of their employment insofar as the same is prohibited by the United Kingdom statute.
(b). In the event that the Services fail and it is deemed necessary by us that your telecommunications are to be delivered by another carrier, we shall not be obliged to pay any charges incurred with the carrier(s) and you agree to indemnify us from any expenses we may incur.
(c). Nothing in these Conditions shall impose any liability upon us in respect of any non-performance of Services which are not performed in accordance with the Contract arising out of your own acts, omissions, negligence or default.
10. Charges and Payment
(a). You agree to pay for our Services by Direct Debit Mandate, within fourteen days of our invoice to be rendered once in each calendar month during the continuance of the contract.
(b). If payment is not made by Direct Debit Mandate, we are at liberty to levy a monthly administration charge of £5.00 GBP (five GB pounds) against your account.
(c). In the event that our monthly invoice to you is not paid prior to our next month’s invoice to you, we shall change your call tariff rate to bill all your calls at BT’s Standard “non-discounted” Retail tariff.
(d). We are entitled (both before and after any judgment) to charge daily interest on amounts outstanding fourteen days after the due date of our invoice until payment is received, at a rate equal to two per cent above the base lending rate as is current at that time. Interest shall continue to accrue until payment is received in full.
(e). In the event that a payment you make to us is either returned or rejected by your bankers, or forwarded by your bankers to a 3rd party banker for payment, we shall be entitled to levy a £50.00 GBP (fifty GB pounds) administration charge against your account with us.
(f). In the event you request your monthly invoice is posted to you in an envelope via the mail postal system, we shall be entitled to levy a £5.00 GBP (five GB pound) monthly administration charge against your account with us, which we will pass on to the benefit of “The Rainforest Foundation” UK Registered Charity No. 801436
(g). We shall be entitled to increase our charges at any time and shall give to you thirty days notice of any such increases, such increases shall take effect after the expiry of such notice.
11. Termination of the Contract
(a). Notwithstanding any other provision of these conditions, either we or you (without prejudice to its other rights) may terminate this Contract with immediate effect by giving notice in writing to the other, in the event that; the other is in breach of any provision of the Contract and where such breach is remediable fails to remedy that breach within fourteen days of a written notice from the non-defaulting part specifying the breach; or the other is subject to bankruptcy or insolvency proceedings, or is making any composition or arrangement with creditors or assignment for their benefit.
(b). It is agreed by you that you will not be entitled to early termination of this contract.
(c). It is agreed by you that until such time that we provide you with a “unique release code”, you will not be permitted to move the billing in respect of the access/rental charges and/or the call charges pertaining to any circuits or any telephone numbers that constitute a part of this contract, to the account of another company.
(d). Upon notification by you to us that you wish to terminate the Contract, you agree to pay a “Pro Forma” invoice we shall issue to you for a value equal to no more than three months average monthly billing (net of VAT) for the Services. The amount you pay to us in respect of the “Pro Forma” invoice will be held on account by us until such time as your telecommunications activities are de-provisioned from the Services. A final account will be reconciled by us and any funds due to you will be refunded within thirty days from the date we calculate your final account.
(e). Prior to us agreeing to termination of the Contract, you agree to settle your account with us in full and either return any hardware that has been installed and not been paid for in full or pay for the cost of that hardware.
(f). It is agreed by you that you will underwrite any costs incurred in de-provisioning our Services to you.
(g). In the event that you terminate the Contract before its assigned date of expiration, you will be liable to us for loss of profits we would have received during the Contract period. Our loss of profits shall be based on the previous three months average monthly billing (net of VAT) for the Services by us to you. An example of how this amount will be calculated is as follows:-
An amount due calculated as being £1,959.00 will be shown on your Invoice Report as:-
Avg. of £376.28, £364.33, £239.03 until 31.05.09 | Early Termination Fee (clause 11g) | £1,959.00
£1,959.00 was calculated from your previous 3 month’s Invoices
Invoice No. 18491 Dated 31/08/2008 £442.13 (Net of VAT amount £376.28)
Invoice No. 18578 Dated 30/09/2008 £428.09 (Net of VAT amount £364.33)
Invoice No. 18668 Dated 31/10/2008 £280.86 (Net of VAT amount £239.03)
The average of the 3 amounts above is £326.54666
£326.54666 is multiplied by 6. Which in this example, is the amount of months remaining until the end of the contract term (31.05.09). Equalling a final sum due under clause 11(g) as:- £1,959.00
(h). Unless otherwise agreed in writing, Non-Geographic (inbound services) telephone numbers will not be supported by us as stand alone products at our standard tariffs. In the event your outbound service lines cease to be operative on our account, you will be given the option of entering your Non-Geographic (inbound services) telephone number(s) into a new twelve month contract with us at BT Retail’s then current per minute call rates, plus a monthly rental charge ‘per number’ of £10.00 GBP (ten GB pounds). Failure to exercise this option within thirty calendar days from our notification to you will result in your Non-Geographic (inbound services) telephone number(s) being ceased.
12. Matters beyond reasonable control
Neither we nor you shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond its reasonable control including without limitation an act of God, inclement, weather, failure or shortage of power supplies, flood, drought, lightning or fire strike, lock out, trade dispute or labour disturbances, any act or omission of Government, highways authorities, other public telecommunication operations or other competent authority.
13. Liability for loss of profits and or data
(a). We shall not be liable for any costs, claims, damages or expenses arising out of our negligence or out of our breach of contract or statutory duty calculated by your loss of profits or income production or by reference to the accrual or any such costs, claims, damages or expenses on a time basis.
(b). We shall not be liable for any costs, claims, damages or expenses arising out of our negligence or out of our breach of contract or statutory duty calculated by reference to any loss, anticipated savings or profits whatsoever, as a result of the corruption or destruction of data.
14. Limitation of Liability
Our aggregate liability (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed a sum equal to one month’s billing (net of VAT) for the Services by us to you based on the average billing for the Services by us to you over the previous three months.
Neither we nor you shall whilst the Contract is in force or thereafter, shall disclose any of the other’s confidential information nor any details of the other’s commercial or technical activities or policies except insofar as is strictly necessary for fulfilling its obligations hereunder and except for a disclosure required by statute or law and save for information which is or subsequently enters the public domain.
16. Assignment and sub-contracting
(a). We may assign or sub-contract the Contract either in part or in whole, without your prior written consent.
(b). You may assign or sub-contract the Contract either in part or in whole, however, your liability under the terms of the Contract will remain in force for the period of the Contract until such time as our terms and conditions have been mutually agreed in writing by us and the party(s) to whom you have assigned the Contract.
The Contract represents the entire understanding between you in relation to the subject matter hereof and supersedes all other agreements and representations made either by you or us, whether oral or written and the Contract may only be modified if such modifications are in writing and signed by a duly authorised representative of each of you and us.
The Contract shall be governed by and constructed and interpreted in accordance with English laws and the parties hereby submit to the non-exclusive jurisdiction of the English Courts of Law.
ADDITIONAL TERMS & CONDITIONS
Allowable Use (VoIP Bundled 12-36 Month Contracts)
Allowable use is reasonable and normal use in the day-to-day running of a typical business. You may not use methods to take advantage of the unlimited package by using the services excessively or by means not intended by Marston’s Telecoms Limited. Each user of the service requires one extension to be purchased. It may not be used with third-party PBXs. Marston’s Telecoms Limited. may suspend or terminate your service immediately if it determines, in its sole discretion, that you are abusing this service.
Some examples of non-normal, prohibited uses are:
- Use by call centres
- Use of auto-diallers
- Continuous dialling
- Extensive conference calling
- Resale to others
- Use by people that are not part of your business
- Non-voice calling
- Extensive call-forwarding
- Repeated calling to the same number
- Frequent dialling to non-repeated numbers
- SPIT (Spam over Internet Telephony)
- Fax broadcasting
- Dictation and translation services
- Monitoring services
- Continuous connectivity
- Multiple short duration calling
- Calling without two or more party dialogue
This is not an inclusive list. We will consider each potential abuse on its own merits when considering whether your usage is allowable under this contract.
In reaching a decision to suspend or terminate your service Marston’s Telecoms Limited. will take into account the activities above and compare your usage and calling patterns to the average usage and calling patterns of all its customers.
Abusive or excessive use may cause network congestion problems either in our own network or those of our partners that we inter-connect with. If your abusive or excessive use of the Marston’s Telecoms Limited service disrupts the Marston’s Telecoms Limited service or the services provided by our inter-connected partners either directly or indirectly it will result in the immediate disconnection of your service and may lead to the suspension or termination of your contract.
Depending on the form of abuse detected, your account may be suspended or permanently terminated. In Marston’s Telecoms Limited’s sole discretion you may be moved to a non-inclusive package or removed from the service entirely. If you are removed from service before the end of your contract you will be liable for the remaining costs of it.
Offer terms & conditions: Free WAN capability and free Firewall on all Ethernet circuits.
1) Applies to Ethernet connectivity ordered through Marston’s Telecoms only.
2) Promotion only applies for circuits placed together citing the Free WAN/Firewall promotion.
3) Promotion valid for orders accepted by Marston’s up to and including 31st December 2017.