Elite Comms Terms & Conditions

1. Perception

1.1 These terms and conditions are an abbreviated version of the Full Terms agreed by the Customer by signing the Elite Communications Group Ltd Service Agreement, found on www.elite-com.co.uk/terms

2. Supply of the Service

2.1 Disparity to these terms will only be conclusive when agreed in writing by the Supplier.

2.2 The supplier must be supplied with necessary documents, data, and other materials or information at the expense of the customer to enable the supplier to facilitate the service and equipment in sufficient time periods within the contract. The correctness of the equipment provided is the responsibility of the customer.

2.3 The terms and conditions can be changed (including charges) at any time. Any increase in the cost will be in line with the rate of inflation determined by the RPI. Elite Communications Group guarantees annual increases to be no more than 5%

2.4 . Elite Communications Group Ltd may take instruction from a person who it thinks, with good reason, is acting with the Customers permission.

2.5 Guarantees or conditions stated in the Special Conditions section of the Elite Communications Group Service Agreement, override any conflicting conditions in these Terms and Condition

2.6 The customer authorizes the supplier to place network transfers on the customer's behalf upon signing the agreement (I.e Number of ports, broadband transfers/provides)

3. Managing the Service

3.1 Any faults which are reported in the service, will be responded to by Elite Communications Group in accordance with the level of repair service the customer has chosen. These SLAs will be in place following receipt of the report of the fault from the customer. 3.1.1 The following service level categories apply to lines on the Openreach network. To find out what service level your lines are currently on, check your Service Agreement or contact your account manager.

3.1.1.1 Care level 1: Fault cleared by 23:59 the day after next, Monday to Friday, excluding Public and Bank Holidays. For example, a report Tuesday, clear Thursday. 3.1.1.2 Care level 2: Fault cleared by 23:59 next, Monday to Saturday, excluding Public and Bank Holidays. For example, a report Tuesday, is clear Wednesday.

3.1.1.3 Care level 3: Report by 13:00, fault cleared by 23:59 the same day, report after 13:00, clear by 12:59 the next day, seven days a week, including Public and Bank Holidays.

3.1.1.4 Care level 4: Fault cleared within 6 hours, any time of the day, any day of the year.

3.2 If Elite Communications Group agrees to work outside of the hours covered by the repair that the Customer has chosen, the Customer will be charged an extra fee.

3.3 If the Customer reports a fault and Elite Communications Group finds that there is none, or that the Customer has caused the fault, Elite Communications Group may charge the Customer for any work undertaken to discern the reported fault.

4. Call Monitoring

4.1 By completing the Elite Communications Group Service Agreement, the Customer accepts that Elite Communications Group will monitor and record all calls to and from Elite Communications Group. This is done for training and to improve the quality of the company's customer service.

5. Accessing the Premises

5.1 The Customer agrees to take responsibility for the disposal of previous equipment. They will also take responsibility for putting back any items moved during installation and any redecorating which could be required.

5.2 Any repairs or replacements required following damage are to be paid by the customer. This does not apply to items that are faulty, fair wear and tear, or anyone acting on behalf of Elite Communications Group.

6. Customer Equipment

6.1 If the Customer desires to connect Customer Equipment to the telephone network supporting broadband, the Customer must first obtain Elite Communications Group’s approval, or the Customer may be held liable for any damages caused by the problem.

6.2 Any Customer Equipment must be:

(a) technically compatible with the Service and not harm the network or another customer’s equipment;

(b) connected and used in line with any relevant instructions, standards or laws.

7. Misuse of the Service

It is absolutely prohibited for anyone to use the Service:

(a) fraudulently or in the course of committing a criminal offense; or

(b) to make obscene, lewd, threatening, harassing, or hoax phone calls

The Customer commits to take all reasonable precautions to prevent this from happening. In paragraph 23, Elite Communications Group explains what action it can take if this occurs. Even if the Customer account has the Fraud Protection Service, if a claim is made against Elite Communications Group because the Service has been misused in this way, the Customer must refund Elite Communications Group for any sums Elite Communications Group is obligated to pay.

8. Charges and Deposits

8.1 The Customer is responsible for paying all charges for the Service as specified on the service agreement and within the terms and conditions (or as otherwise agreed).

8.2 If the client wants any more features or services not listed as included in the Service Agreement, a fee will be charged in accordance with our additional features price list, which is available upon request.

8.3 Rental rates are typically billed monthly in advance unless paragraph 8.4 applies, and call charges are normally invoiced monthly in arrears.

9. Service Fees

9.1 To call UK landlines, UK mobiles, and UK national non-geographic numbers, call bundles to utilize a fair usage standard of monthly minutes. UK numbers beginning 01 and 02 are classified as landlines. Mobile phones have a prefix of 07 and are offered by any of the networks listed in clause 9.4. Numbers beginning with 03. are classified as national non-geographic. Unless otherwise indicated in the Service Agreement, premium rate numbers and international calls are not included. Premium numbers are those that start with 084, 087, or 09. Any calls made above the package specified in the Service Agreement will be charged at the rates displayed in the Service Agreement and/or Elite Communications Group out of the bundle Rate Card if one of the packages below is selected in the Service Agreement.

9.1.1 White Bundle: 500 UK local and national, 250 UK mobile minutes.

9.1.2 Yellow Bundle: 1000 UK local/national, 1000 UK mobile, 100 UK national non-geographic minutes.

9.1.3 Green Bundle: 2000 UK local/national, 1000 UK mobile, 500 UK national non-geographic minutes.

9.1.4 Blue Bundle: 5000 UK local/national, 2000 UK mobile, 750 UK national non-geographic minutes.

9.1.5 Purple Bundle: 10000 UK local/national, 5000 UK mobile, 1000 UK national non-geographic minutes.

9.2 All pricing in the Service Agreement is exclusive of VAT, any relevant value-added tax, import or export duties, and any other taxes or duties that the Customer is responsible for paying.

9.3 The Supplier reserves the right to change the tariff indicated in the Service Agreement at any time.

9.4 Any UK mobile call bundles include the major mobile networks only: EE (Orange & T Mobile), Vodafone, O2, and Three.

10. Terms of Payment

10.1 In the event that payment is not received by the due date, the Supplier may:

10.1.1 cancel the Contract;

10.1.2 render the Equipment non-functional until such time as all outstanding invoices and interest are settled in full.

10.1.3 charge a late payment fee per invoice paid late.

10.2 For any Customer that chooses not to pay the monthly bill by Direct Debit, a non-Direct Debit fee will be applied.

10.3 Fraud Protection Service will be automatically added to the Customer's bill as an opt-out service. Opting out must be done via email.

11. Delivery of Equipment

11.1 Dates for equipment delivery are estimates only, and the Supplier is not responsible for any delays in the delivery of the Equipment.

12. Risk and Property

12.1 Unless otherwise stated in writing, the Supplier retains ownership of the Equipment.

12.2 If the Customer fails to deliver the Equipment to the Supplier on demand, the Supplier may access any customer or third-party premises where the Equipment is stored and repossess the Equipment.

13. Customer's Obligations

13.1 The Customer acknowledges that, under the terms of this agreement, the Customer will:

13.1.1 Use the Service and Equipment in accordance with the Supplier's instructions.

13.1.2 Ensure that only the Telecommunications Act 1984-approved attachments and the Supplier are connected to the Service.

13.2. In addition, the Customer agrees to:

13.2.1 Resolve outstanding payments payable under this agreement with the Supplier within the agreed-upon settlement timeframes.

13.3 The customer shall grant the Supplier entire access to the Equipment during the agreed-upon hours and in accordance with the agreed-upon service tier in order for the abovementioned Equipment to be maintained

14. Disputes

14.1 Elite Communications Group will try to resolve any disputes with the Customer. However, suppose the parties cannot agree, the Customer may refer the dispute to an ADR (Alternative Dispute Resolution) scheme or the Ombudsman or any recognized dispute resolution service upon notifying the Supplier. Further details of these can be provided upon request.

15. Transfer of Contract

15.1 The Supplier has the right to assign the Contract's rights and duties. The Customer may not assign the Contract's rights and responsibilities.

16. Third Party Rights

16.1 Under the Contracts (Rights of Third Parties) Act 1999, the parties agree that the terms of this Contract are not enforceable by a third party.

17. Providing Notice

If the parties need to communicate in writing, they must do so as follows: (a) to Elite Communications Group at the address listed on the bill or accounts@elite-com.co.uk

(b) to the Customer at the address to which Elite Communications Group has been requested to send invoices, the Customer's regular email address, the Customer's premises address, or, if the Customer is a limited business, its registered office address.

18. The Service Guarantee

18.1 Elite Communications Group guarantees to implement a Service Failure repair in accordance with the repair service selected by the Customer. For regular service, this means by midnight on the first weekday following the day the defect is notified to Elite Communications Group (excluding public and bank holidays).

18.2 If Elite Communications Group is late in providing the Service or in correcting a Service Failure, the Customer may choose to divert their phone numbers or relocate their phones to a different physical location.

19. Application of This Guarantee

19.1 This guarantee applies to the Service, as well as any other connected services provided by Elite Communications Group to the Customer.

19.2 This guarantee is void if the fault was caused by someone other than Elite Communications Group or the infrastructure provider, if Elite Communications Group or the infrastructure provider requests access to the Premises and the Customer refuses, or if Elite Communications Group or the infrastructure provider reasonably requests other assistance and the Customer refuses.

20. Warranties and Liabilities

20.1 The Supplier makes no guarantee that the service will be completely fault free.

20.2 Subject to the terms set forth below, the Supplier will provide the Customer with the benefit of any manufacturer's warranty (to the extent that the Supplier is legally entitled to do so).

20.3 If the Customer presents a valid claim in writing for Equipment that is defective or does not meet the Service Agreement's requirements, the Supplier will remedy the defect if the Customer does not breach any of the Contract's provisions, but the Supplier will have no further duty.

20.4.1 Any defect caused by normal wear and tear, wilful damage, negligence (including improper storage), improper installation, use, or maintenance, abnormal working conditions, failure to follow the Supplier's instructions (whether oral or written), misuse, or unauthorized alteration or repair of the Equipment;

20.4.2 In the event that the Customer owes the Supplier any money,

20.4.3 If the Customer suffers a loss as a result of the Equipment failing to meet its requirements due to the default of the network provider or any other third party.

20.5 Except as otherwise specifically specified in these Conditions, the Supplier's complete liability to the Customer (including any liability for the acts and omissions of its employees, agents, and subcontractors) is set forth in the following provisions:

20.5.1 any breach of the Supplier's contractual duties arising out of or in connection with the Contract;

20.6 The Supplier shall not be liable to the Customer or be deemed to be in breach of the Contract as a result of any delay in performing, or failure to perform, any of the Supplier's obligations if the delay or failure was caused by any cause beyond the Supplier's reasonable control, including (without limitation) flood, fire, war or threat of war, sabotage, civil unrest, or governmental act.

20.7 The Customer shall completely reimburse the Supplier for any loss or damage to the Supplier's property, as well as the death of any of the Supplier's workers, caused by the Customer's carelessness or deliberate misconduct.

20.8 The Customer agrees to be solely responsible for and, if required, indemnify the Company for any costs incurred as a result of any third-party interference with, usurpation of, or unauthorized access to the calls (whether incoming or outgoing) provided by the Telephone Call Service, whether such interference or usurpation is part of a fraud, attempted fraud, or any other course of conduct. The Customer further agrees to pay the Company any payment sought in writing by the Company under this clause 20.8 as soon as possible.

20.9 The mentioned broadband speeds are estimates and should be regarded as an “up to” measurement rather than the actual service delivery speeds.

21. Termination by the Supplier

21.1 The Supplier may cancel this Contract immediately by delivering written notice to the Customer:

21.1.1 If the Customer breaches any term of the Contract and fails to correct the breach within 14 days of receiving written notice from the Supplier requesting rectification, the Supplier may terminate the contract and charge termination fees equal to an average of three months' revenue multiplied by the number of months left in the contract Term, as well as any applicable fees. 21.1.2 if the Customer does not have the required valid license to operate its telecommunications system at any time;

21.1.3 the Customer enters into a voluntary arrangement with its creditors or is subject to an administration order, or (being an individual or firm) becomes bankrupt, or (being a limited company) goes into liquidation, or an encumbrancer takes possession of, or a receiver is appointed, of any of the Customer's property or assets; or the Customer ceases, or threatens to cease, to carry on a business; or the Customer ceases, or threatens to cease, to carry on

21.2 The Supplier may cancel this Contract at any time by providing the Customer with a written notice of at least 28 days. .

22. Customer Termination

22.1 The Customer must give the Supplier at least 6 months' written notice before terminating this Contract. If this Agreement is terminated during the Contract Term, you will be charged an amount equal to the average of the previous three months' revenue multiplied by the number of months left on the contract, as well as any additional applicable fees. Where the cancellation notification is not received, the cancellation cost will be equivalent to the average of the past three months' billing times and the remaining contract duration.

22.2 Where the Contract is used to subsidize the costs of installing the Equipment, the Contract's minimum term will be as specified in the Agreement. If the Customer cancels the Contract before the end of the term, the Customer will be responsible for any equipment and installation subsidies provided at the time of signing.

22.3 Unless the Customer serves notice to terminate this Service Agreement 6 months prior to the end of the agreement's initial term or any subsequent terms, this Service Agreement will be automatically extended for a further period of 24 months after the end of the agreement's initial minimum term. A notice sent to a party under clause 22.3 must be sent for the attention of the Account Manager.

22.4 The Customer understands that upon signing this contract, Elite Communications Group will immediately begin processing orders for licenses, line transfers, broadband, and number ports. The Customer is also aware that there is no right of withdrawal or cooling off period.

22.5 The Customer understands that once licenses have been activated and transfers have been completed, the Service Agreement's contract term becomes a legally binding contract between the Customer and the Supplier. The Customer may end this contract at any time after it has been completed, but he or she will be charged an early termination fee.

22.6 Any modification or termination of a service or feature will be subject to a £50 admin fee per service/feature

23. If the Customer Breaks This Contract

23.1 Elite Communications Group may suspend the Service or terminate this Contract (or both) at any time without notice if one of the following applies: (a)Elite Communications Group has reasonable grounds to suspect that the Service is being used in violation of these Terms and Conditions. This holds true even if the Customer is unaware that the Service is being utilized in this manner.

(b) the Customer breaches this Contract or any other agreement with Elite Communications Group and fails to correct the violation within a reasonable period after being notified of the breach.

(c) the Customer files for bankruptcy or insolvency; or the Customer fails to make timely payments under a Court judgement, or makes an arrangement with its creditors; or a receiver, administrative receiver, or administrator is appointed over any of its assets; or the Customer goes into liquidation; or a corresponding event under Scottish law.

23.2 If a Customer fails to pay a bill, Elite Communications Group will usually only suspend the Service or terminate the Contract after 28 days have passed after the payment was due (14 days if the Customer pays monthly). However, if it was required to enforce this suspension/cancellation before, Elite Communications Group may take this action after only 7 days.

23.3 If the Service is suspended, Elite Communications Group will inform the Customer of the steps that must be taken in order for it to be reinstated. However, while this Contract is in effect, the Customer must continue to pay rental fees.

23.4 Any delay by either party in acting on a breach of this Contract will not be construed as a waiver of the breach. Any waiver by either party of a violation of this Contract is confined to that specific breach.

24. Maintenance

24.1 Under the terms and circumstances of this agreement, the Supplier agrees to provide maintenance services for the equipment. This is in accordance with clause 24.2 in exchange for the customer's payment of the monthly service charge in accordance with the Service Agreement's contents.

24.2 From month 12 onwards, unless otherwise indicated in the Service Agreement, maintenance will be charged at a rate of £5 per handset.

24.3 It is the customer's responsibility to pay the monthly service price for the maintenance service, which is paid in advance each month. Services delivered to the client that are not part of the maintenance services must be paid by the customer upon presentation of the Supplier's invoice.

24.4 Maintenance Services include the following:

24.4.1 Upon receipt of a Customer's request, the Supplier inspects, testing, and diagnoses (on-site or remotely) any problem reporting in an item of Equipment

24.4.2 The Supplier performing such repairs, replacements, or adjustments as the Supplier deems required to cure the said fault.

24.5 The maintenance will be performed by appropriately qualified engineers.

24.6 Unless otherwise specified, the Supplier commits to rectifying faults between the hours of 9.00 a.m. and 5.00 p.m. Monday through Friday, excluding weekends and public holidays, based on the agreed-upon tier of service detailed in the Service Agreement (this commitment is subject to non-prevention due to circumstances beyond the Supplier's control).

24.7 The Supplier will make every effort to ensure that response times to the Customer's notification of a fault do not exceed: Four working hours if the equipment has failed completely and Eight working hours if the equipment has failed partially.

25. Exclusions

25.1 The Supplier assumes no responsibilities or liability under the maintenance agreement:

25.1.1 Any defect resulting from deliberate damage, negligence (including poor storage), abnormal working conditions, failure to follow the Supplier's instructions (whether oral or written), abuse, or unauthorized alteration or repair of the Equipment;

25.1.2 The Customer's debt to the Supplier remains unpaid; 25.1.3 Where the Customer suffers a loss as a result of the Equipment failing to meet its specifications and the failure is attributable to defects in the network or broadband service provider's service;

25.1.4 In the event that a repair is not completed on time;

25.1.5 In the case of rectifying flaws in the Equipment's energy or network supply; defects caused by electrical power outages or surges; failure of the Equipment owing to changes in the electrical supply service or the public network.

25.1.6 In the event of a defect caused by events beyond the Supplier's reasonable control, such as flood, fire, lighting, war, sabotage, civil unrest, or governmental action, import regulations, or embargoes.

26. Additional Equipment

26.1 Where the Supplier agrees to provide the customer with additional equipment (‘additional equipment') during the agreement term:

(a) such additional equipment will be considered part of the Equipment for the purposes of this Agreement, and the Agreement Term for the additional equipment will begin on the date the additional equipment was provided to the customer.

(b) In respect of the additional equipment, the annual service charge for the Equipment Maintenance Service shall be increased by an amount equal to the agreed service charge for the Maintenance Service as specified on the Additional Equipment purchase order, such increase to be effective from the date on which the additional equipment is provided to the Customer.

27. General

27.1 If Elite Communications Group is subsidizing the cost of any contract buyout, the Service Agreement will include an equivalent total amount payable under "Settlement" with the description "Total subsidies offered by elite communications group ltd/elite.comms." Any subsidy claims must be submitted within 90 days of the Service Agreement's start date. Claims must be made by submitting an invoice from the prior communications provider, as well as an invoice from the new customer, to Elite Communications Group for the amount of the termination penalty costs only, with no service charges included.

27.2 The Supplier's delay or failure to enforce any aspect of the Contract does not constitute a waiver of that or any other provision. The Supplier's waiver of the Customer's violation of the Contract will not be construed as a waiver of any subsequent breach of the same or any other condition. The Supplier's waiver will not be effective unless it is in writing.

27.4 These abbreviated Terms, the Full Terms, and the Service Agreement are the entire agreement between the Supplier and the Customer regarding the supply of the Equipment, its maintenance, and the provision of the Service, and they supersede and replace any prior arrangement, understanding, warranty, or representation (other than any fraudulent misrepresentation). Variations will only become legally binding once they have been signed by the Supplier's director. 27.5 Maintenance and monthly plan fees are reviewed on a yearly basis. Increases will correspond to the rate of inflation as measured by the Retail Price Index. The annual increases, however, will be limited to 6%.

27.6 If the Supplier receives the erroneous notification of an equipment problem more than twice in a calendar month, the Supplier has the option to levy a proportionate fee based on current rates.

27.7 If you want to modify the default royalty-free music that is played to callers while they are on hold, please contact your account manager.

27.8 The Contract is governed by English law, and the parties agree to submit to the exclusive jurisdiction of English courts. 27.9 For a Service Agreement with an upgrade option after a specified period of time, this entails surrendering the original equipment and entering into a new agreement after negotiating a new pricing structure, which may differ from the prior Service Agreement.

27.10 Any introductory credit provided is only applicable for the time period mentioned in the Service Agreement's Additional Information section under the heading Introductory credit. The introductory credit is included in the amount indicated under the ‘Monthly' part with the heading ‘Total monthly' fee. If there are any arrears on the order's terms, the supplier has the right to suspend or cancel this Introductory credit.

27.11 Customers with mobile SIM card(s) can set a limit on their mobile account if their consumption exceeds the assigned bundle; if no limit is set, the customer is responsible for out-of-bundle usage charges. Customers may be subjected to out-of-bundle limits without their knowledge, but to verify that a limit is in place, the client must submit a written request to Elite Communications Group by contacting accounts@elite-com.co.uk

27.12 Administration fee of £100.00 will be payable with the initial invoice to cover processing documentation.

27.13 If a customer has failed our standard credit checks installation and equipment charges will be applied on the initial invoice.

27.14 elite.comms will provide an opt-out fraud monitoring service to monitor the system for fraudulent call activity. If the customer is to opt-out of this service and is found making fraudulent calls they will be liable for potential fines and charges from the network provider. The service will be charged at a monthly fee of £8.99

27.15 An annual system maintenance fee is applied each year of £100.00 to cover the maintenance of your system and servers.

27.16 If a customer is to have failed our initial credit checks and a deposit for the equipment will be required will be applied on their first invoice.

27.17 A one-off installation fee of £350 is applied on the initial installation of the telephone system.