Clearvision Terms & Conditions
Terms and conditions
1.1 ‘application form’ means the application/order form relating to the provision of the services in the form provided by Clear Vision communications ltd (clear vision) from time to time incorporating these terms and conditions.1.2 ‘associated company’ means any subsidiary or holding company of Clear Vision or other associated company as defined by sections 736 and 736a of the companies act 1985.
1.3 ‘authorised person’ means a director or authorised signatory of clear vision.
1.4 ‘account number’ means the account opened by Clear Vision in the name of the customer upon creation of the contract and relating to the services.
1.5 ‘customer’ means a person, company, body corporate or other entity or association whatsoever or howsoever whose application form is accepted by Clear Vision and for whom Clear Vision has opened an account number.
1.6 ‘contract’ means the contract governed by these terms and conditions made between Clear Vision and the customer created upon acceptance by Clear Vision of the customers application form and evidenced by the opening of an account number. Subject to clause 1.17, the agreement becomes effective when signed by a director or authorised signatory of clear vision.
1.7 ‘clear vision’ means Clear Vision communications ltd which expression shall, where the contest so requires, include its successors and assigns and any associated company thereof.
1.8 ‘Clear Vision equipment’ means any equipment supplied by clear vision
1.9 ‘additional provisions’ means any terms additional to those outlined within the terms of this agreement as evidenced on the application form.
1.10 ‘discount’ means the amount at which any of the services are provided by Clear Vision to the customer during the contract at less than the full rate as outlined under additional provisions on the application form.
1.11 ‘discount services’ means any services provided by Clear Vision to the customer from time to time and not charged for by Clear Vision from time to time or charged at a discount.
1.12 ‘least cost routing software’ means software installed on a telephone system which automatically enables the routing of calls via different telephone operators.
1.13 “minimum term” means the minimum duration of this contract, which unless otherwise expressly stated on the application form shall be 12 months from the date the customer first starts to receive the services.
1.14 ‘services’ means re-routing the customer’s telecommunications including without limitation all calls, voice, fax and data traffic over the Clear Vision network and any additional services as outlined on the application form and provided under the terms of this agreement. Services shall be deemed to include discount services where appropriate.
1.15 ‘services literature’ means clear vision’s literature specific to the services and other associated services existing from time to time.
1.16 ‘user’ means the customer and any individual or company utilising the services provided to the customer under the terms of this agreement.
1.17 ‘refusal of service’ means the non provision of the services outlined on the application form due to circumstances outside of clear vision’s control and including, but not limited to, the customer’s poor credit history. Clear Vision reserves the right to make a reasonable administrative charge for service thus far rendered to the customer in such instances.
- The services
- A) the customer shall complete, sign and return to Clear Vision an application form prior to Clear Vision agreeing to provide the services.
B) where the customer has least cost routing software available for use at its premises, Clear Vision will, if necessary, and at its sole discretion, reprogram it in order to provide the services.
C) where the customer does not have least cost routing software available for use at its premises, Clear Vision will, if necessary, and at its sole discretion supply, install and connect the customer to Clear Vision access equipment in order to provide the services.
D) Clear Vision shall use all the reasonable care and skill of a competent telecommunications provider to provide the customer with the services throughout the term of the contract.
E) Clear Vision shall be at liberty, where necessary, to improve, update or upgrade the services or alter the provision of the services without any notice to the customer.
A) for the duration of the minimum term it will route all its inbound, non-geographic and outbound calls (including without limitation all its voice, fax and data traffic) via Clear Vision on an exclusive basis. For the avoidance of doubt the customer acknowledges and accepts that during the minimum term it shall not use any services offered by a third party which are competitive with or substantially similar to the services. In the event of any breach by the customer of this condition 2.2(a) the terms of condition 4.12 shall apply;
b) the services and the Clear Vision network will only be used in accordance with the contract;
c) only the customer and users shall use the services and the Clear Vision network and no other person shall be suffered or permitted to use the same;
a) no attempt shall be made to make calls via the services or otherwise to use the Clear Vision network and; (ii) the customer shall pay in full an amount equal to the discount for the period any of the services have been supplied as discount services. Such payment to be in accordance with and subject to condition 4;
b) the services literature and any other instructions regarding the use of the services and the Clear Vision network as may be notified to the customer by Clear Vision from time to time shall be complied with promptly and such literature and instructions shall be deemed to form part of the contract.
A) provide access to all appropriate sites for any authorised persons during the customer’s normal working hours and allow the removal, installation and maintenance of Clear Vision access equipment;
b) keep its telecommunications equipment including without limitation the Clear Vision access equipment in good working order and ensure that the equipment complies with all applicable standards and approvals so as to enable Clear Vision to provide the services;
c) only use and connect those telephones, ducting, cables, sockets and other equipment to the Clear Vision network that have been approved in advance by Clear Vision in writing and comply with all the relevant legislation relating to the use of such equipment;
d) provide all reasonable assistance required by Clear Vision to enable it to provide the services;
e) inform Clear Vision by one month’s prior notice in writing of any premises relocation or change of telephone number(s) on which the services are registered;
f) provide a safe working environment for authorised persons working on the customer’s premises;
g) indemnify Clear Vision fully against all losses, liabilities, costs (including without limitation legal costs) and expenses which Clear Vision may incur as a result of any breach of the customer’s obligations under the contract or misuse of the services or the Clear Vision network;
h) pay Clear Vision (at its then current published rates) for all call-out visits required from Clear Vision where Clear Vision determines the problem with the services or the Clear Vision network is not the fault of Clear Vision or the Clear Vision access equipment or
4 the customer undertakes to Clear Vision to ensure that the services and the Clear Vision network are not used:-
a) for the transmission of any material which is intended to be a hoax call to emergency services or is of a defamatory, offensive, abusive, obscene or menacing character; or
b) fraudulently or in connection with a criminal offence; or
c) otherwise in a manner which constitutes a violation or infringement of the rights of any other party; or
d) otherwise than for the purpose of a telecommunications system.
Clear Vision’s rights
3.1 Clear Vision shall be entitled to alter any access or authorisation number or method of accessing the services from time to time and may reprogram the customer’s equipment as a result.
3.2 Clear Vision may suspend the services to the customer at its sole discretion including but not limited to the following:-
a) in the interests of the quality of the services or the Clear Vision network;
b) if any credit limit agreed between Clear Vision and the customer from time to time is exceeded;
c) if any term of the contract is breached (including, without limitation, in the event of a failure to make any payment or provide any deposit required to be made or provided under the contract);
d) in order to comply with an order, instruction or request of any government, emergency service organisation or other competent authority; or
e) if fraud or attempted fraud is suspected by Clear Vision (in its reasonable opinion) in connection with the use of the services or the Clear Vision network
f) if in clear vision’s reasonable opinion it suspects the customer is offering to resell the services to any third party.
3.3 Clear Vision may collect and store data and information about the customer and its use of the services and provide this information to companies affiliated with Clear Vision including without limitation any associated company and (ii) third parties.