Terms and Conditions
Henley Telecom Terms and Conditions
This Agreement ("Agreement") is between Henley Telecom Ltd (HT), and the Customer. The parties agree as follows:
The Customer acknowledges that this is a Voice over Internet Protocol service (VoIP), and as such, it is dependent on the Customer's connection to the data network and the data network itself. The Customer's service may therefore cease to function if there is a power failure or a failure in the underlying data network.
Subject to the terms and conditions of this Agreement, HT will provide to the Customer, the telecom services and shall take all due care in the provision and maintenance of the service to provide quality and reliability. In the event of any failure or malfunction within our networks HT shall then correct any failure or malfunction as soon as is reasonably practical.
The Initial Term shall begin upon commencement of Service to the Customer. No Service shall commence unless and until HT receives from the Customer payment in cleared funds for Services to be rendered during the Initial Term and any setup charges.
HT reserves the right to reject any submitted Order for any or no reason prior to acceptance by HT. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term."
Fees and Payments
All fees for Services rendered or provided to the Customer shall be in accordance with the HT price list then in effect, the terms of which are incorporated herein by reference. A price list setting forth HT's current rates for Services is available on the web site.
HT may, at any time amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.
All users signing up for the HT service will be asked to read and agree to our terms and conditions before registration is completed. By agreeing to these terms and conditions the user agrees to abide to the terms and conditions. When you purchase monthly services or set up auto top up this will automatically grant HT continuous authority on that credit card until such time as the service(s) or auto top up are cancelled by the user. Should the user choose to cancel their monthly service(s) or auto top ups then HT's continuous authority is immediately ceased.
In the event that HT is unable to take a continuous authority payment from the user’s credit card then the user will be informed by email and will be prompted to make an immediate payment in order for their services to continue.
In the event that any amount due to HT remains unpaid after 7 days, HT, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of HT) shall be paid by the Customer.
Security Of Service
The customer is wholly responsible for the safety and security of their HT account and the equipment used by them to access the HT network and services and must put in place such safeguards as necessary to prevent unauthorised use. The customer is responsible for all persons who use their username and password to access the service, whether authorised or not. HT accepts no responsibility for costs incurred by the customer from unauthorised usage of a customer's account
HT reserves the right to check the security of a customer's equipment or devices used to connect to its network if it reasonably believes that equipment on the customer's network may be at risk from external attack (hacking) or if they believe that its terms and conditions of use are not being followed.
Content and Customer's Responsibility
HT will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. HT shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.
Any users causing in appropriate cpu (central processor unit) usage, system load, performing any illegal activities or misusing services will be immediately suspended.
Any users found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a £500 clean-up and service fee upon termination. On such accounts all monies outstanding must be paid and refunds for any remaining months will not be given.
Customer conduct: HTwill not tolerate bad language, verbal or threatening behaviour either via phone, email or any other form of communication HT expects that their Customer service and support representatives act in a polite and courteous manor at all times although when faced with over demanding, threatening or abusive callers they are empowered to terminate calls and suspend a users account pending investigation.
HT reserves the right to determine what constitutes abuse of their staff or services.
Customers are required to keep their account in good order and ensure that they check their account on a regular basis by logging in to your online Portal.
Customers are responsible for the security and integrity of their own systems and network infrastructure.
Customers are required to keep their user details safe and secure and are responsible for security and integrity of their own local network and email addresses.
From time to time, HT will email its customers with information that it judges necessary for the ongoing upkeep and maintenance of their accounts and with information about changes, updates and new services that have become available. The Customer agrees to accept these emails unless and until they cancel all active services on their account.
The Customer agrees to use all HT Services and facilities, and any information obtained through or from HT, at Customer's own risk. Customer acknowledges and understands that neither HT, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. HT specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
Under no circumstances, including negligence, shall HT, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to HT's records, programs or services.
HT further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the amount which the Customer paid during the month immediately preceding the claim or the term of this Agreement, whichever is less
The Customer shall defend, indemnify, save and hold HT harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against HT, its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.
This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior written notice; (ii) by HT, at any time, upon 7 days' prior notice if in the sole judgment of HT, The Customer breaches any material provision of this Agreement and has not cured same by the end of the 7 days; (iii) by HT in the event of non-payment by the Customer as provided in above; and (iv) by HT, at any time, without notice, if, in HT’s sole judgment, the Customer is in violation of any terms or conditions of HT's Usage Policy.
Additional Terms And Conditions
The Customer hereby acknowledges that the Customer has seen and reviewed a copy of HT's "Usage Policy" provided on the HT website and that the terms of the Usage Policy are incorporated herein by reference. HT reserves the right to amend these terms & conditions and the Usage Policy from time to time and the Customer shall be bound by any such amendments. The Customer shall have the obligation to periodically visit HT' Web site to review the terms and conditions and its Usage Policy and to make certain that the Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.
Notice: All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to HT shall be delivered to its address stated or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
This Agreement sets forth the entire agreement between HT and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without HT's prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of HT's services.