Standard Terms & Conditions of Trade

These terms apply whenever VoIP HQ Ltd Limited provides goods and services for customers.

“Services” are defined as the provision of voice telephony services provided by VoIP HQ Limited including device management, number management and technical support Monday to Friday between 8:30am and 5pm.

1. Our Commitment to You

1.1 We will:

  1. a) provide the Services to your business with reasonable care and skill. We will use all reasonable efforts to ensure that the Services are reliable at all times although we do not guarantee that the Services will be continuous or fault free;
  2. b) ensure that all work that we perform in connection with the provision of the Services is carried out by competent and suitably qualified personnel and in a professional manner;
  3. c) endeavour to remedy any fault or outage with the Service within the timeframe specified or otherwise within a reasonable timeframe.

1.2 Owing to operational or other reasons, we may from time to time restrict or suspend a Service. In those circumstances, we will give your business as much notice as reasonably possible and will endeavour to ensure that suspensions or restrictions take place outside of normal business hours. Where we are restricting or suspending a Service in the case of an emergency or in order to protect people or property, or due to events beyond VoIP HQ reasonable control, we may not be able to give your business any notice prior to such restriction or suspension, but will endeavour to inform your business as soon as reasonably possible.

1.3 While we will do our best to provide quality Services, because of the nature of telecommunications, it is impossible to provide a fault-free service and the quality and coverage of the Services depends partly on Your Equipment, partly on VoIP HQ network and partly on other Telecommunication Service Providers and telecommunications networks to which our network is connected or connects.

1.4 The Services can be adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages on other networks and provider sites, the configuration or limitations of your, or your intended recipient’s equipment, or other operational or technical difficulties which means that your business may not receive some or all of the Services in certain areas or at certain times.

1.5 The Services can also change with network expansion or reconfiguration.

2. Your commitment to Us

2.1 You agree:

  1. a) not to use or permit the Services to be used in any way which is illegal, in any way abusive or which constitutes harassment or which causes harm or damage of any sort
  2. b) not to use or permit the Services to be used in any way that could interfere with or damage VoIP HQ Network or that of any other operator;
  3. c) to follow our reasonable instructions about the use of the Services;
  4. d) only to use the Services for the purpose for which they are provided.

2.2 your business will ensure that all information you provide VoIP HQ is accurate and complete. This includes advising VoIP HQ promptly if your business changes premises or postal address.

2.3 you acknowledge that your business is responsible for any use of the Services by yourself or by any third party, whether authorised by you or not.

2.4 your business will, if we ask you to, obtain any third party authorisation, license or consent that we may reasonably require in connection with the provision of the Services.

2.5 your business agrees to follow our instructions about the use of the Services and ensure that everyone who uses our Services also meets your responsibilities when using the Services. You agree to keep us protected against any legal action taken against VoIP HQ and to meet any losses we may incur as a result of such use of the Services. You are responsible if anyone else, whether authorised by your business or not, uses or misuses our Services.

3. Quotation

Our quotations remain available for one calendar month. Prices we quote are based on the cost of labour, materials, customs duties, sales tax, transport charges, marine insurance rates and any other government charges we have to pay from time to time. If between the dates of quotation and completion of the work there are variations in these costs the quoted prices will be subject to amendment to provide for such variations. For labour escalations, base rates will be taken as minimum award rates together with a margin of twenty five percent as set by the relevant union of workers.

4. Payment

You agree that any progress payments will be paid on the 20th of the month following the invoice. Any maintenance retentions are to be paid fourteen days after completion of the contract; any failure to make these payments without any deductions whatsoever on the specified due dates shall attract interest at the rate of 3% above our trading bank overdraft account.

5. Force Majeure

We cannot accept any responsibility or liability for the delay caused directly or indirectly by weather conditions, labour disputes, strike, lockout, accident, fire, act of God or the Queen’s enemies, epidemic, blockade, embargo, inability to obtain fuel, power, raw materials, labour, transportation facilities, governmental laws or regulations, labour or civil commotion, riots, crime, or any event (whether of a similar or dissimilar nature) that are beyond our control.

6. Ownership

It is a condition of the contract that the above mentioned system and works and all it’s component parts and appurtenances shall remain our sole and absolute property until the contract price, together with all moneys and interest (if any) payable for extras or other work done (if any) shall have been paid without any deductions whatsoever and upon default in payment of any progress, final or other payment as and when due, we may at our discretion, with servants, workmen and others, enter upon any premises in which the installation of parts or parts thereof may be and remove the same or any parts or any goods to the value of the work done and turn off water and perform any act reasonably necessary to facilitate such removal and without any liability for any loss or damage occasioned thereby and without prejudice to our other rights under this contract or otherwise at law.

7. Facilities

You agree to provide at your cost sufficient safe storage for our materials and working space required for the efficient performance of our work. You also agree to provide at your cost the uninterrupted use of light, electricity or other power and other facilities as we may reasonably need, including use of telephone and goods and passenger lifts, hoists and builders’ scaffold, if such facilities exist.

8. Overtime

Unless specifically stated otherwise, our quote provides for work to be done on week days during normal working hours and should it become necessary to work on other days or after and/or before such hours at your request owing to machinery in motion, public congestion or other circumstances rendering impracticable or hazardous the carrying out of this work during such ordinary working hours, you agree to be liable and pay extra cost.

9. Extras

Whenever any alteration or addition to the building, equipment, appliances, fittings or fixtures after our survey or by any alteration made to the plans the quote was based on, or by any delay in the continuity of the work caused by any act or default on your part, an extra cost will be incurred to the contract.

10. Damage to Property

Any damage happening to the/your property during the work of installation and directly caused by our negligence or default shall be made good only if reported to us in writing after it’s occurrence. Any claim is limited to the maximum amount payable under our Public Liability Insurance.

11. Arbitration

If there should be any dispute or difference arise between us as to the construction of the contract or as to any matter or thing or whatsoever nature arising thereunder or in connection therewith then such dispute or difference shall be referred to arbitration in accordance with the provisions of the Arbitration Act 1908 and its amendments or any similar Act for the time being in force.

12. All Goods and Services Acquired for Business Purposes

You warrant that in terms of Section 43 of the Consumer Guarantees Act 1993, you are acquiring our goods and services supplied under this Agreement for the purposes of a business and as a result of this warranty it is agreed that the provisions of the Consumer Guarantee’s Act 1993 shall not apply to this Agreement.

13. Use of Information

You agree that we may obtain information about you, and you consent to any person providing us with such information. You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes. You must notify us of any change in circumstances that may affect the accuracy of the information provided by you to us. If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information which we hold about you.

14. Variation

These terms shall not be varied unless agreed by both parties in writing.