Terms & Conditions
The purpose of this document is to outline the Telecoms & IT services Terms and Conditions offered by TeesNet Ltd to its clients.
Supplier: TeesNet Ltd
Company Number: 16221338
Office: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
Telephone: 02036496165
Email: info@teesnet.uk
Client: Anyone requesting support or development from TeesNet Ltd
Working Hours: Working hours are 9am to 5pm, Monday to Friday, excluding UK Public Holidays.
Language: Support Language is English
1. Interpretation
The Customer (as defined in Clause 1.7 below) acknowledges that, in order to receive the equipment/service (as defined in Clauses 1.8 & 1.17 below), it may be required to enter into two separate agreements. These agreements are as follows:
- The Purchase Order Agreement (POA) (as defined in Clause 1.1 below) with TeesNet Ltd., and
- An airtime agreement with the relevant network/service provider.
1.1 ‘POA’ refers to the binding TeesNet Ltd Purchase Order Agreement and/or any associated contract(s) entered into between the Company and the Customer for the goods and/or services outlined in the POA, which shall be governed by these terms and conditions.
1.2 ‘Company’ refers to TeesNet Ltd, whose registered office is located 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
1.3 ‘Contract’ refers to the POA or any supplementary contract to the POA, subject to these terms and conditions.
1.4 ‘Contract Start Date’ refers to the date on which the Contract is signed by or on behalf of the Customer (including any electronic signature). The Contract becomes effective from this date.
1.5 ‘Operational Service Date’ refers to the date on which the service is first made available to the Customer, marking the commencement of payment obligations for the services.
1.6 ‘Fixed Line/Line’ refers to each landline, PSTN line, leased line, ISDN line (including individual channels), VOIP license, Voice Licenses, Digital Telephone Lines, Dedicated Fibre Lines, virtual line, SIP trunk, and any broadband or fibre broadband connection – or digital product - to be installed under the POA.
1.7 ‘Customer’ refers to the individual named in the POA and any person or entity reasonably presumed by the Company to be acting with that individual’s or organization’s authority.
1.8 ‘Equipment’ refers to products provided under the POA or those supported as part of a maintenance POA.
1.9 ‘Infrastructure’ refers to the existing telecommunications infrastructure in and around a building, including interior and exterior cables, conduits, ducts, and connecting hardware, prior to the connection of services by the Company.
1.10 ‘Subsidised Equipment’ refers to products offered at a reduced price, contingent upon the signing of the POA and fulfillment of the associated terms and conditions.
1.11 ‘Line Provision’ refers to the installation of a network circuit or connection typically resold on behalf of a third party.
1.12 ‘Line Rental’ refers to the rental of a network circuit or connection typically resold on behalf of a third party.
1.13 ‘Maintenance Service’ refers to the regulated support (both hardware and software) for all equipment specified in the POA, as further detailed below.
1.14 ‘Minimum Period/Term’ refers to the minimum contract period or a longer duration as specified by the operational service date, including but not limited to terms such as contract length, term, or contract period. The minimum term for a fixed line is calculated from the Operational Service Date, not the Contract Start Date or installation date.
1.15 ‘Termination Fee’ refers to a charge of £350 per line/connection.
1.16 ‘Term Fees’ refer to compensatory fees calculated by multiplying the remaining months of the minimum period by the monthly charges for the services (excluding any discounts).
1.17 ‘Cancellation Fees’ include the term fees, return of any buyout paid by the Company to the Customer, return of any deal incentives, and the return at the recommended retail price (as of the commencement date) of any equipment provided by or on behalf of the Company, in addition to the termination fee.
1.18 ‘Connection’ refers to an electronic communications channel (or channels) established for transmitting voice and/or data between two or more parties. Examples include, but are not limited to, analogue, ISDN2, ISDN30, ADSL, SDSL, and Kilostream circuits.
1.19 ‘Service(s)’ refers to any service(s) specified in the POA or contract or as detailed below.
1.20 ‘Site’ refers to the location where the Company agrees to provide the service or equipment.
2. General
2.1 Infrastructure
The Company will make reasonable efforts to advise the Customer regarding the condition of existing infrastructure (e.g., cables, switches, routers, ancillary equipment). The signing of the POA does not guarantee the efficiency of the existing infrastructure, and the Company assumes no liability for system faults caused by infrastructure not installed by the Company.
2.2 Assignment
2.2.1 Assignment of the POA by either party shall not be unreasonably withheld.
2.3 Changes
2.3.1 Should the Customer request any changes to the service, the Company may request confirmation in writing. The Company will inform the Customer if such changes would result in an amendment to the charges payable.
2.4 Confidentiality
2.4.1 Both parties shall maintain confidentiality regarding any information of a confidential nature obtained under the POA and shall not disclose such information to any third party (except to their employees or professional advisors) without prior written consent from the other party.
2.5 Entire Agreement
2.5.1 Unless explicitly stated otherwise by the Company, the POA and any associated contract(s) constitute the entire agreement between the parties in relation to the subject matter.
2.6 Law
2.6.1 The services or equipment shall not be used unlawfully.
2.6.2 These terms and conditions shall be governed by and construed in accordance with English law.
2.7 Liability
2.7.1 The Company assumes no liability for failure by external suppliers to meet their obligations.
2.7.2 The Company shall not be liable for any financial, consequential, or indirect loss, including but not limited to, loss of profits, economic loss, loss of goodwill, data loss, property damage, or personal injury, except where caused by the Company’s negligence.
2.8 Matters Beyond Control
2.8.1 If either party is unable to perform any obligation due to events such as lightning, floods, severe weather, fire, war, or civil disorder, the other party shall bear no liability for such failure.
2.8.2 If such events persist for more than three months, either party may terminate the POA or contract by serving notice.
2.9 Notices
2.9.1 Notices, including cancellations or terminations, must be in writing and may be delivered by hand, courier, fax, email, or first-class post to the Company’s registered office with three months notice prior to contract end date, failure to do so will result in administration fee’s at TeesNet discretion.
2.9.2 Any claim against the Company must be brought within one year from the date of the invoice, and the claim shall be limited to an amount equal to the invoice value for the goods or services concerned.
2.10 Subcontractors
2.10.1 The Company may, at its discretion, subcontract work to suitably qualified third parties.
2.11 Suspension
2.11.1 The Company may terminate any service, including data services, if the Customer is in breach of contract or if the service is used unlawfully, as outlined in Clause 2.6.1.
2.12 Termination
2.12.1 Upon termination of any service, the Customer shall not be entitled to reimbursement for any pro-rata portion of services paid for in advance.
2.12.2 If the Customer does not provide 30 working days' written notice to terminate the contract (excluding leased line contracts), the contract will automatically renew for 30 working days, continuing in this manner until proper notice is given.
2.12.3 Leased line contracts require 90 working days' written notice for termination; otherwise, the contract will automatically renew for a 90 working day period.
2.13 Payment
2.13.1 Payments may be made by direct debit, bank transfer, or cheque.
2.13.2 Recurring charges are due on the agreed date, and other charges are due within fifteen days of the invoice date.
2.13.3 Late payments will incur a £30 fee, with an additional £30 charge for each subsequent late payment.
2.13.4 The Company may charge interest on late payments at a rate of 4% per annum above Barclays Bank’s base lending rate.
2.13.5 All charges are exclusive of VAT unless otherwise specified.
2.13.6 The Company may adjust charges for services delivered after the minimum service period by providing one month’s notice.
2.13.7 The Company reserves the right to pass on any increase in charges imposed by third-party suppliers.
3. Specific Terms
3.1 Payment and Reclamation of Subsidies
3.1.1 The company may provide the customer with a subsidy as part of the customer's agreement under the POA, subject to the terms of this clause.
3.1.2 The subsidy may be offered using one or more of the following methods:
3.1.3 By deducting it from the price of the equipment or services ordered by the customer, or;
3.1.4 By paying the customer in quarterly installments over the duration of the POA.
3.1.5 By using the subsidy to offset network termination charges, provided the company receives the relevant termination invoice (note: no other termination charges from other agreements will be covered unless agreed to in writing).
3.1.6 Subsidies under clause 3.1.2 will be paid quarterly, starting within 90 days from the date of the customer’s invoice to the company. It is the customer’s responsibility to ensure the company has received the invoice along with supporting documentation (an invoice is not required if the subsidy is deducted from the price of the equipment or services under clause 3.1.3). However:
3.1.7 The subsidy installment is due only if the service is still active and not pending disconnection at the time of payment.
3.1.8 If the invoice is due in installments or after a specified period, the trigger date must have passed.
3.1.9 The invoice must comply with the terms outlined in the agreement.
3.1.10 For termination charges (clause 3.1.5), the invoice must be issued within three months of the connection date. For subsidies related to payments (clause 3.1.4), the customer must invoice within 90 days of the due date. If the subsidy is deducted from the equipment/service price (clause 3.1.3), it must be claimed within the minimum term. If the customer fails to invoice or claim within the specified timeframes, the right to the subsidy will be forfeited.
3.2 Customer Acknowledgements
3.2.1 The subsidy is contingent upon the customer maintaining each service or connection for the minimum term, not migrating any service downward during the term, and meeting any other conditions specified by the company.
3.2.2 The company may provide the subsidy before the customer meets the conditions specified in clause 3.2.1, but this is subject to the provisions in clause 3.3.
3.3 Reclamation of Subsidy
3.3.1 The company has the right to reclaim any subsidy (or a portion of it) already paid to the customer or deduct it from any future subsidy payments if:
- A service or connection is disconnected or downgraded before the end of the minimum term.
- The service provider reclaims or withholds any connection funds paid to the company for that service. The company may reclaim the subsidy for each month (or pro-rated amount for partial months) remaining in the minimum term as of the disconnection or downgrade date.
3.3.2 If the service provider reclaims any connection funds, the company is entitled to recover the full amount of the reclaimed connection funds from the customer.
3.4 Breach of Contract
3.4.1 Either party may terminate the POA without notice if the other party commits a material breach of the terms that is not remedied within 90 days.
3.4.2 The customer is deemed in breach of contract and may be considered to have canceled the POA if:
- A material breach occurs that cannot be remedied.
- The customer is subject to bankruptcy, liquidation, voluntary agreements with creditors, or the appointment of a receiver or administrator.
- The customer fails to pay any amounts due for services on the due date.
- The customer cancels the POA for reasons other than a material breach of terms before the minimum term expires.
3.4.3 If any of the events in clauses 3.4.2 to 3.4.5 occur and no acceptable resolution is reached, the company may terminate all services to the customer, including data services, without notice.
3.4.4 If the customer cancels a service before the minimum term expires, or if the service is downgraded during this period, the customer will incur term fees and a termination fee of £250.00 per service.
3.4.5 The £250.00 termination fee is agreed upon as a fair estimate of the company's costs for processing the cancellation or downgrade. The customer agrees not to contest this fee as a penalty.
3.4.6 Any amount reclaimed or withheld under clause 3.3 will be invoiced to the customer and must be paid within 15 days of the invoice date unless otherwise withheld.
3.5 Line Provision
3.5.1 The company will make reasonable efforts to provide the service by the agreed date, but all dates are estimates, and the company is not liable for any failure to meet these dates.
3.5.2 The company is not responsible for delays caused by BT or any other third party.
3.6 Line Rental
3.6.1 If the customer cancels the service during the minimum term, the customer must pay a line rental termination charge.
3.6.2 The minimum term is as agreed in the POA.
3.6.3 The termination charge will be the sum of the remaining line rental, a £250 termination fee per line, and any third-party charges.
3.6.4 The £250 fee is a fair estimate of the company's costs and is not a penalty.
3.6.5 The company is not liable for any performance issues that negatively affect the customer’s business.
3.7 Data Services (Broadband/FTTC/FTTP/EFM/Leased Lines)
3.7.1 If the customer cancels the data service within the minimum term, they must pay the cancellation fees.
3.7.2 The minimum period is as agreed in the POA.
3.7.3 The cancellation charge includes the remaining term fees and a £250 termination fee per line, plus any third-party costs.
3.7.4 The £250 fee is a fair estimate of the company’s costs and is not a penalty.
3.7.5 The company is not liable for performance issues related to infrastructure not installed by the company.
3.8 Sale or Provision of Subsidized Equipment
3.8.1 Title to subsidised equipment remains with the company until the minimum term expires, even if the equipment has been delivered and accepted by the customer.
3.8.2 If the customer cancels or breaches the POA before the minimum term ends, they must pay the full replacement cost or the original cost of the equipment, whichever is greater. The company has the right to repossess the equipment at any time.
3.8.3 If the equipment is delivered but payment has not been made, the customer is considered a bailee of the equipment and the company can reclaim it if payment is not received by the due date.
3.9 Equipment Warranty
The company will repair equipment under the POA in accordance with the manufacturer’s warranty. The customer is responsible for returning and collecting the equipment at their own risk and expense.
3.10 Change of Address
3.10.1 The customer must promptly notify the company if they change the address where equipment is installed or to which a service is supplied. If the equipment is moved, the company’s obligations under the POA are voided.
3.10.2 The company is not responsible for infrastructure or service performance at the new address if the equipment or service is redirected.
3.11 Maintenance Insurance
3.11.1 If the customer has maintenance insurance, the company will make necessary repairs or replacements due to defective materials or workmanship. Access to the customer’s premises and equipment must be provided. If access is refused, the company may charge a fee.
3.11.2 Maintenance includes adjustments or repairs necessary for the equipment’s proper functioning.
3.11.3 Spare parts will become the property of the company, and any replacement parts provided may differ from the originals.
3.11.4 Commissioning faults must be reported within 7 days of installation.
3.11.5 The customer may not attempt to repair the equipment. Any unauthorized repairs void the company’s obligations.
3.11.6 The customer will ensure the health and safety of the company’s personnel and indemnify the company for any claims arising from their failure to do so.
3.12 Exclusions from Maintenance
The company is not obligated to provide maintenance if the issues arise from:
3.12.1 Broadband speed or issues caused by the customer’s provider.
3.12.2 Accidental damage from third parties.
3.12.3 Wear and tear.
3.12.4 Environmental conditions like power failure or inadequate air conditioning.
3.12.5 Neglect, misuse, or default by the customer
4. The company shall not be held responsible for any delays or failure in fulfilling its obligations if a required spare part is unavailable.
5. The company is not obligated to provide the services listed under this agreement and reserves the right to charge the customer if the services requested fall under the following categories:
5.1 Moving and re-cabling equipment.
5.2 Reprogramming equipment either on-site or at the company’s base.
5.3 Installation of additional equipment.
5.4 "No Fault Found" customer visits.
5.5 Failed visits due to the customer’s inadequate planning, such as missing parts, absence of customer personnel, or any other factor beyond the company’s control.
5.6 Servicing, repairing, or replacing customer equipment on-site due to neglect or misuse.
5.7 Servicing or repairing customer equipment at the company’s base due to neglect or misuse.
5.8 Resolving software or hardware conflicts caused by the customer’s IT system.
5.9 Resolving software or hardware conflicts caused by the customer’s IT provider. The customer is responsible for ensuring that in-house or third-party IT personnel cooperate.
5.10 Repairing or resolving failure or damage caused by BT when the company is not the telephone line provider.
5.11 Repairing or resolving failure or damage resulting from the connection or integration of unauthorized equipment without the company’s written consent.
5.12 Coordinating with customer-appointed service providers, contractors, or third parties to repair, resolve, or optimize systems.
6. When a customer reports a fault, the company will respond by:
6.1 Providing advice over the phone.
6.2 Carrying out remote diagnostic checks.
6.3 Attending the customer’s premises.
7. The company will respond to a complete system failure within 4 business hours of receipt of the report. In all other cases, the company will respond within 16 business hours of receiving a service maintenance request.
8. To resolve a fault, the company may need to reset the equipment. However, the company will not be responsible for reconfiguring or reprogramming the customer’s or its employees' specific requirements.
9. The company reserves the right to exercise a lien over any customer-owned equipment or goods in its possession, control, or custody as collateral for any outstanding charges or monies owed, whether invoiced or not.
10. The customer is responsible for providing all consumables necessary for the company to rectify defects in the equipment, including but not limited to cassette tapes, print ribbons, toner, developer, and paper.
11. Change of Address
11.1 The customer must promptly notify the company if it intends to change the address where the equipment is installed or where services are supplied. If the equipment is moved, the company’s obligations under the POA will be waived, and any outstanding liabilities will become immediately payable. The company may, however, choose to continue providing maintenance services on the terms specified in section 3.11.
11.2 If the equipment is moved to another premises and maintenance services continue, the company reserves the right to review and, if necessary, increase the maintenance charges to cover any additional costs incurred by the company at the new location.
11.3 Infrastructure
The company will make reasonable efforts to advise the customer on the condition of existing infrastructure (such as cables, equipment, broadband service, etc.). However, the signing of the POA does not guarantee 100% infrastructure efficiency, and the company will not be liable for any system faults caused by defective infrastructure not installed by the company.
12. Inspection
12.1 The company is entitled to inspect the equipment before agreeing to undertake any maintenance responsibilities.
13. Cancellation
13.1 If the customer wishes to cancel maintenance services within the minimum period specified in the POA, the customer must pay a termination charge.
13.2 The maintenance service termination charge will include a sum equivalent to 30 days of service, any third-party liabilities, and a termination fee of £250.00.
13.3 The customer agrees that the £250.00 charge is a reasonable estimate of the expenses incurred in processing the cancellation and agrees not to contest the charge as a penalty.
13.4 Upon the termination of maintenance services for any reason, the customer will not be entitled to any reimbursement for maintenance services paid for in advance.
13.5 If the company does not receive cancellation notice at least 30 days before the renewal date, the maintenance agreement will automatically renew for another 30-day period.
14. Service Charges
14.1 The maintenance insurance pricing covers support for hardware, handsets, contact center routing, and integrated voicemail systems. It excludes applications or peripheral equipment such as analogue devices, music-on-hold systems, contact center servers, vendor-specific voicemail systems, third-party voicemail, call loggers, fax machines, EPOS, BACS, door entry systems, Bluetooth headsets, and any additional DECT equipment specific to the core system.
14.2 Services outside the specified service level or those not requested by the customer will incur the following charges:
- Telephone service, remote assistance, or ‘at base’ repairs: £20.00 per half-hour or part thereof.
- Engineer site visits:
- Up to 2 hours: £125.00
- Half day: £250.00
- Full day: £500.00
- Labour charges only. Parts and consumables are additional.
- Travel exceeding 40 miles will be charged at £0.45 per mile.
15. Site Visits
15.1 Site visits by the company are at the company’s discretion and will only occur once a customer purchase order or written request has been received.
15.2 Purchase orders or requests can be submitted by email, fax, in writing by hand, or via Royal Mail.
16. Acceptable Use Policy
The customer shall not use the services to store, distribute, or transmit any viruses, or any material that:
16.1 Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive.
16.2 Involves fraudulent activities or facilitates illegal activities.
16.3 Contains sexually explicit content or promotes unlawful violence.
16.4 Is discriminatory based on race, gender, color, religion, sexual orientation, disability, or any illegal activity.
16.5 Causes damage or injury to any person or property.
16.6 Violates applicable laws or infringes any intellectual property or proprietary rights of third parties.
The customer shall not use the services to:
16.7 Transmit unsolicited or unauthorized advertising or promotional material (spam).
16.8 Intercept or monitor data or messages while being transmitted over the network.
16.9 Access any computer, system, network, or data without authorization or attempt to test system vulnerabilities.
16.10 Impersonate any party or alter message header information.
16.11 Use the network to commit impersonation or forgery.
16.12 Interfere with or disrupt the company's, network’s, or any device's business operations.
The customer must report any potential security breaches or compromises to the company immediately.
In case of a breach or suspected breach, the company may monitor usage, conduct investigations, and take corrective actions, including suspension or termination of services and cooperation with law enforcement or regulatory agencies.
TeesNet Ltd
71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ