Clearvision Website T&Cs
1.1 ‘Application Form’ means the application/order form relating to the provision of the Services in the form provided by Clear Vision Communications Limited (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.
- 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;
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.
4 The Customer agrees that at all times during the term of the Contract it shall:
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;
3, 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.
- CHARGES AND PAYMENTS FOR THE SERVICES
4.1 All sums due to CLEAR VISION under the Contract shall become due on the date of the relevant invoice and are payable within 14 days (including week-ends and bank holidays) of the date of the relevant invoice. Unless otherwise stated, any rental or recurring charges are invoiced monthly in advance and call charges and any ad-hoc maintenance or similar charges are invoiced monthly in arrears which will begin on the date on which the Service becomes operational. Charges will be based on CLEAR VISION’s records
4.2 In the event of any error or omission in a Clear Vision invoice for any period, Clear Vision may issue a corrective invoice at a later date.
4.3 If the Customer fails to make any payment within the 14 day period following the date of the relevant invoice, without prejudice to its other rights hereunder, Clear Vision shall have the right to require the Customer to pay all sums due on demand.
4.4 Time of payment of all sums due to Clear Vision under the Contract shall be of the essence.
4.5 Clear Vision reserves the right to amend its charges for the Services from time to time.
4.6 Clear Vision shall use its best endeavour to bring to the attention of the Customer any variation in prices prior to implementation.
- CLEAR VISION ACCESS EQUIPMENT
5.1 The Customer shall provide without charge or cost to Clear Vision appropriate equipment space, ducting, environment and continuous stable electrical power to install and maintain the Clear Vision Access Equipment at its premises and to enable Clear Vision to provide the Services.
5.2 It is deemed that title to any Clear Vision Access Equipment shall remain with Clear Vision and whilst the Clear Vision Access Equipment is on the Customer’s premises, the Customer shall ensure that it is kept safe, secure and fully insured and is not interfered with by any person.
5.3 Upon termination of the Contract, the Customer will ensure that Clear Vision is allowed prompt access to all relevant premises to remove the Clear Vision Access Equipment.
5.4 On termination of this Agreement, the Customer must return all Clear Vision Access Equipment supplied by Clear Vision within 14 days and in good working order. If the Customer fails in this respect, they will be liable for any costs Clear Vision incur in recovering the Equipment. If Clear Vision are prevented from recovering the Equipment, or if the Customer fails to return it to Clear Vision, the customer will be liable to pay to Clear Vision on demand a reasonable sum commensurate with the value of the Equipment.
6.1 The Contract may be terminated by either Clear Vision or the Customer at any time by giving 90 days prior written notice prior to any anniversary of the Agreement. The anniversary of this Agreement occurs annually from the date Services were first supplied to the Customer until 90 days prior written notice prior to the next anniversary of this Agreement is received in accordance with Clause 14.
6.2 If neither Clear Vision nor the Customer provide notice to terminate in accordance with Condition 6.1 the Client and Clear Vision agree that the Contract shall automatically be renewed for a further 12 month minimum Term on each successive anniversary where notice to terminate hasn’t been served;
6.3 Clear Vision (without prejudice to its other rights) may terminate the Contract forthwith in the event that:
- a) the Customer fails to make any payment when it becomes due to Clear Vision or shall default in due performance or observance of any obligation under the Contract or any other contract with CLEAR VISION or an Associated Company and (in the case of remedial breach) fails to remedy the breach within a reasonable time specified by Clear Vision in its written notice so to do; or
- b) an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented or a bankruptcy order is made against the Customer or if any circumstances arise which entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order.
6.4 The terms of this Contract shall continue to bind the parties hereto to such extent and for so long as may be necessary to give effect to the rights and obligations embodied in it including without limitation Conditions 2.2, 4, 7 and 8.
6.5 If the Contract is terminated by either party hereto, the Customer shall:
- a) pay to Clear Vision all arrears of charges, Termination fees and any interest payable under the Contract and;
- b) return to Clear Vision all equipment owned or provided by Clear Vision and/or allow Clear Vision or its Agent access forthwith to the Customer’s premises for the removal of any Clear Vision Access Equipment and pay any reasonable charges Clear Vision may have incurred in so doing;
- c) undertake and comply with the provisions of Condition 2.2(d); and
- d) cease being provided the Services and have no right to use the same.