Terms & Conditions
These terms and conditions ("Conditions") shall govern the agreement between COM-TEL Telecom Ltd ("us" or "we") and the individual or organisation applying for the provision of the Goods or Services ("you").
By using our website and/or ordering any services from us, you are deemed to have read and agreed to these Conditions.
We may, at any time, change, modify, add to or remove part or all of these Conditions. You should therefore check these Conditions periodically to see if they have changed. Your continued use of our website and/or services provided us will be deemed to constitute acceptance by you of any such changes. These Conditions take precedence if there are any inconsistencies with the material on our website.
If you are a consumer, the terms set out within these Conditions do not affect your statutory rights. However, please note we are a business to business service provider.
Conditions relating to your use of our websites, services or software.
COM-TEL Telecom Ltd endeavour to ensure that the information on its website is correct and accurate, but here excludes liability for any error or omission. The website is not part of a contract or licence with the exception as may be expressly agreed by COM-TEL Telecom Ltd in writing.
All designs, text, graphics and the compilation (meaning the collection, arrangement and assembly) of all content on the website are the copyright of COM-TEL Telecom Ltd and its licensors unless indicated otherwise. You may electronically copy or print portions of the website for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the website is strictly prohibited. No links to the website may be included in any other web site without express written authorisation from COM-TEL Telecom Ltd.
Any link (be it a hypertext link or other referral device) used on the website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation COM-TEL Telecom Ltd and does not mean that COM-TEL Telecom Ltd has any association with the linked site. COM-TEL Telecom Ltd is not responsible for the content of any websites that have links with the website or for the legal consequences of your entering into any contracts with the third parties that have these linked web sites.
COM-TEL Telecom Ltd does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred you as a result of this. COM-TEL Telecom Ltd will use your information, together with other information, including any which you provide to COM-TEL Telecom Ltd, for administration, marketing and customer services.
COM-TEL Telecom Ltd will NOT disclose your details to parties outside the COM-TEL Telecom Ltd group of companies or related companies except as described in our privacy policy. You may, from time to time, when you are using the website, be asked to provide or be provided with a password to enable you to access certain services. You must, at all times keep your password private and confidential and you may not permit third parties to use your password.
COM-TEL Telecom Ltd will NOT release your details to business partners. However we may contact you by mail, telephone, email, SMS or fax to let you know about any COM-TEL Telecom Ltd goods, services or promotions of the business partners which are considered relevant to the services provided to you by us.
Further details of COM-TEL Telecom Ltd's use of your information are set out our Privacy Policy, available on our website
COM-TEL Telecom Ltd will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including, without limitation, any financial losses such as loss of profit) which you may incur as a result of any event beyond COM-TEL Telecom Ltd's reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
COM-TEL Telecom Ltd undertakes no control, responsibility or liability whatsoever for the content of the information passing through its network. We make no effort to validate any information passing through our network for content, accuracy, usability or for any other reason.
These disclaimers, exclusions and conditions shall be governed and construed in accordance with the law of England and Wales. If any provision shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
General conditions relating to the provision of services
1 Definitions
In the following conditions unless the context otherwise requires the following terms shall have the following meanings:
"Bandwidth" the allocated transmission capacity, measured in bits per second, as specified in the relevant Contract;
"Bandwidth Provision" the provision of Bandwidth by COM-TEL Telecom Ltd;
"Bankruptcy or Insolvency Proceedings" bankruptcy proceedings, sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed;
"Contract" the contract for the provision of Services between COM-TEL Telecom Ltd and you incorporating these Conditions, the COM-TEL Telecom Ltd Order Form (where completed by yourself and accepted by COM-TEL Telecom Ltd) and (where applicable) the Price List or as set out in the applicable Separate Contract;
"Domain Name Registration" the submission of applications for the attempted registration of domain names by COM-TEL Telecom Ltd via the relevant naming authority;
"Email Provision" the COM-TEL Telecom Ltd email service provided COM-TEL Telecom Ltd as detailed on the website from time to time;
"Fee" the fees (including any applicable VAT) due for the provision of the Services as set out in the Price List or, in the absence of provision in the Price List, the fees for the provision of the Services agreed between you and COM-TEL Telecom Ltd as detailed in the applicable Order Form accepted COM-TEL Telecom Ltd in writing;
"General Conditions" the general conditions relating to the provision of services set out in Section B of these Conditions;
"Hosting" the provision of hosting services by COM-TEL Telecom Ltd;
"Hosted Service" a service that is hosted by COM-TEL Telecom Ltd under its Hosting Service;
"Intellectual Property Rights" any and all intellectual property rights and similar rights including, without limitation, patents, trade marks or trade names, service marks, brand names, registered designs, design rights, rights in databases, Know-How, copyrights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating or attached thereto and all extensions and renewals thereto;
"Know-How" any and all know-how, confidential information, experience, drawings, designs, source code, programs, code, notes, flowcharts, other technical information including the benefit of obligations of confidentiality in relation thereto howsoever arising;
"Minimum Contract Term" any minimum contract term applicable in respect of the provision of Services as specified in the relevant Contract;
"Order Form" the COM-TEL Telecom Ltd on line order form;
"Price List" COM-TEL Telecom Ltd's published charges for the provision of the Services from time to time;
"Separate Contract" any separate contract for the provision of Services entered into you and COM-TEL Telecom Ltd;
"Services" the COM-TEL Telecom Ltd Service, the Domain Name Registration Service, Hosting, Bandwidth Provision, Email Provision, SMS Service, Telecom Service, Webcam Installation Service and any other service or facility provided to you COM-TEL Telecom Ltd as detailed on the relevant Order Form and/or as accessed or used you via the website;
"Site" the premises or location at which a Service is or is to be provided
"SMS Service" COM-TEL Telecom Ltd's facilitation of the sending and/or receipt of SMS text messages via an internet or gsm based interface to or from a mobile phone type device or emulation thereof;
"Specific Conditions" the specific conditions relating to the provision of specific categories of services set out in Section C of these Conditions;
"Telecoms Service" the provision of voice and fax telephony services by COM-TEL Telecom Ltd;
"Webcam Installation Service" the provision of webcam installation and consulting services by COM-TEL Telecom Ltd.
2 Basis of Provision of Services
2.1 Save as provided in clauses 2.2 and 2.3 these General Conditions apply to each and any provision of Services to you COM-TEL Telecom Ltd to the exclusion of all other conditions, agreements, understandings or arrangements not set out in the applicable Contract.
2.2 The applicable Specific Conditions are also included in each Contract for the provision of Services.
2.3 Certain Services are provided COM-TEL Telecom Ltd on the terms of Separate Contracts. If you enter into a Separate Contract with COM-TEL Telecom Ltd in relation to the provision of any Services the terms of that Separate Contract shall take priority over these Conditions. The Services in relation to which COM-TEL Telecom Ltd currently uses Separate Contracts are server collocation, Webcam Installation, Telecom Services and the provision of virtual server accounts (which excludes standard hosting accounts).
3 Fees and Payment
3.1 In consideration of the payment of the appropriate Fees, COM-TEL Telecom Ltd will provide the Services. The appropriate Fees for the provision of Services are such Fees as are expressly agreed in writing you and COM-TEL Telecom Ltd in respect of the Services or, in default of such agreement, such Fees as are calculated in accordance with the Price List in force at the time you submit a completed Order Form for the provision of the Services to COM-TEL Telecom Ltd.
3.2 All Fees must be paid in full, upon receipt, without set off or deduction in UK pounds sterling either:
3.2.1 debit or credit card when you make your order if you complete an Order Form on line; or
3.2.2 payment of COM-TEL Telecom Ltd's invoice debit or credit card or cheque within 14 days of invoice date if you submit an Order Form fax or post. You can find details of the credit and debit cards that are accepted COM-TEL Telecom Ltd following the "order" link on the website. Please note that if you make payment cheque and your bank returns the cheque to COM-TEL Telecom Ltd unpaid, you may be liable for an administrative fee of £25. COM-TEL Telecom Ltd may also make an administrative charge for refunding credit card transactions.
3.3 Fees are quoted COM-TEL Telecom Ltd (whether in the Price List or otherwise) exclusive of Value Added Tax. If Value Added Tax is applicable, you must pay it in addition to the quoted Fee at the rate prescribed law.
3.4 COM-TEL Telecom Ltd reserves the right to increase the Fees for Services in respect of which it has entered into a Contract with you upon 14 days prior written notice to you.
3.5 Without prejudice to COM-TEL Telecom Ltd's other rights and remedies under these Conditions and/or at law, if any sum payable is not paid on or before the due date, COM-TEL Telecom Ltd shall be entitled forthwith to:
3.5.1 withhold or, where provision of the Services has commenced, suspend the provision of Services to you; and/or
3.5.2 charge interest (both before and after judgment) at a rate of 4% over the base rate from time to time of Barclays Bank Plc on the overdue sum; and/or
3.5.3 charge you an administration fee in respect of time spent and costs incurred COM-TEL Telecom Ltd in taking steps to recover payment of the due sums. COM-TEL Telecom Ltd also reserves the right in respect of Hosting and domain name registration renewals to charge you a £25 reconnection charge if such services are suspended under this clause 3.5.
3.6 we reserve the right to attempt to recover monies for outstanding invoices by contacting the admin email address or owner email address for the account, or by any other contact details we have been provided pertaining to that account.
3.7 COM-TEL Telecom Ltd reserves the right to charge a Fee for support or administration which is deemed by COM-TEL Telecom Ltd to be outside the scope of normal services. This may include any support out of office hours, support or administration not directly related to the restoration of a service affecting issue or loss of passwords. In any event, the final decision as to whether support will be chargeable will lie with COM-TEL Telecom Ltd and notified to the customer in advance of provision of such support. Fees will be charged per hour or part thereof and rates are available on request. The charge and payment of the Fee does not constitute that the result of the support actions shall be correct or free from errors.
3.8 The Billing Party may in a separate invoice (containing the information referred to in these Billing Procedures) make backdated claims for amounts outstanding from a previous Billing Period which were not previously invoiced for technical or other reasons. For the avoidance of doubt the failure of the Billed Party to collect any amount from any end user or other customer shall not constitute a legitimate reason for non payment of the Billing Party's invoice and the Billing Party shall not be liable for any amount which the Billed Party fails to collect from customers.
3.9 We request that a valid VAT number is supplied prior to making payment should you believe you're exempt from VAT payments in the United Kingdom. You may be required to request removal of VAT from subsequent invoices. Unfortunately we do not offer refunds of paid VAT should it not have been requested to be removed prior to payment being made and/or valid VAT number supplied.
4 Warranties
4.1 COM-TEL Telecom Ltd warrants that it will provide the Services with reasonable care and skill.
4.2 All conditions, terms, warranties and representations, whether imposed statute, operation of law or otherwise, that are not expressly stated in these Conditions are here excluded to the fullest extent permitted by law.
5 Intellectual Property Ownership
All Intellectual Property Rights in and to the Services provided by COM-TEL Telecom Ltd are, as between you and us, the property of and remain the property of COM-TEL Telecom Ltd.
6 Use of the Services
6.1 You represent, undertake and warrant to COM-TEL Telecom Ltd that you will use Services provided COM-TEL Telecom Ltd only for lawful purposes. In particular, you represent, warrant and undertake that:
6.1.1 you will not use the Services in any manner which infringes any law or regulation or which infringes the rights of or, causes annoyance, inconvenience or needless anxiety to any third party, nor will you authorise or permit any other person to do so;
6.1.2 you will not use the Services to post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; (b) any material containing a virus or other hostile computer program; and/or (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any intellectual property right;
6.1.3 (a) you will keep secure any identification, password and other confidential information relating to the Services and shall notify COM-TEL Telecom Ltd immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information;
6.1.3 (b) the customer shall fully indemnify against any and all costs, claims, demands, losses, damages, expenses (including, without limitation, legal expenses) and liabilities of whatsoever nature suffered or incurred by (aq) relating to any access or attempted access or activity or malicious activity deemed to have originated from or associated with the Customers of the Service. Such origination may include the use of the Customers password or origination from the Customers IP address"
6.1.4 you will observe the procedures which COM-TEL Telecom Ltd may from time to time prescribe and shall make no use of the Services which is detrimental to COM-TEL Telecom Ltd's other customers;
6.1.5 you will procure that the Services are used in accordance with all applicable legislation (including data protection legislation) and in a secure manner;
6.1.6 (if you are an individual), you are using the services for business use and are at least 18 years of age; and
6.1.7 (if you are a company), the Services will not be used anyone under the age of 18 years.
6.2 Whilst COM-TEL Telecom Ltd will use reasonable endeavours to ensure the integrity and security of the Services, COM-TEL Telecom Ltd does not guarantee that the Services will be error or interruption free or free from unauthorised users or hackers.
6.3 COM-TEL Telecom Ltd may from time to time:
6.3.1 temporarily suspend part or all of the Services without notice for the purposes of repair, maintenance or improvement. COM-TEL Telecom Ltd undertakes to use reasonable endeavours to restore the Services as soon as possible after any such suspension;
6.3.2 give instructions regarding the use of the Services which in COM-TEL Telecom Ltd's reasonable opinion are necessary in the interests of safety or to maintain or improve the quality of the Services provided COM-TEL Telecom Ltd and any such instructions shall, whilst they are in force, be deemed to form part of the Contract between You and COM-TEL Telecom Ltd; and/or
6.3.3 vary the technical specification of the Services for operational needs.
7 Termination
7.1 COM-TEL Telecom Ltd may terminate its Contract with you at any time, immediately upon written notice via post, email or SMS message if you:
7.1.1 breach any term of the Contract; or
7.1.2 are subject to Insolvency Proceedings.
7.1.3 if COM-TEL Telecom Ltd consider your behaviour or interaction with any member of COM-TEL Telecom Ltd staff to be inappropriate or abusive. In such an event, the final decision shall rest with COM-TEL Telecom Ltd without burden of proof.
7.1.4 refuse to comply with any of COM-TEL Telecom Ltd's prescribed methods of interacting with COM-TEL Telecom Ltd, which may change from time to time to account for COM-TEL Telecom Ltd working practices, for example submitting support via support ticket.
7.2 Either you or COM-TEL Telecom Ltd may terminate your Contract at any time upon at least 30 days notice to the other expiring on the last day of the Minimum Contract Term (if any) or at any time thereafter. If no Minimum Contract Term is specified, the Minimum Contract Term shall be deemed to equal the period for which the services were purchased. The notice to terminate shall take effect upon the last day of the notice period. In any event you must pay the Fees for all Services provided to you up to and including the date of termination or the Minimum Contract Term whichever is the later date.
7.3 COM-TEL Telecom Ltd reserves the right to terminate any Contract at any time (notwithstanding any Minimum Contract Term) giving to you not less than 30 days prior written notice of termination. If COM-TEL Telecom Ltd terminates your Contract under this clause 7.3 it will refund any Fees that you have paid in advance for Services that, as a result of COM-TEL Telecom Ltd's termination of the Contract, you will not receive.
7.4 Termination and/or expiry of your Contract is without prejudice to any rights and/or liabilities accrued as at the date of expiration or termination.
7.5 On termination or suspension of Services under the Contract COM-TEL Telecom Ltd shall be entitled to immediately block any website or Service provided to You or hosted for You COM-TEL Telecom Ltd as part of the Services and to remove all data located on it. COM-TEL Telecom Ltd shall be entitled to delete all such data but COM-TEL Telecom Ltd may, at its discretion, hold such data for such period as COM-TEL Telecom Ltd may decide, to allow you to collect it at your expense, subject to payment in full of any amount outstanding under Contract and payable to COM-TEL Telecom Ltd. COM-TEL Telecom Ltd shall further be entitled to post such notice in respect of the non-availability of such website as COM-TEL Telecom Ltd thinks fit.
8 Notices
Any notice to be given by you or COM-TEL Telecom Ltd to the other may be sent by either email or recorded delivery to the address of the other party as appearing in the relevant Contract (or, in the case of COM-TEL Telecom Ltd, as appearing on the website) or such other address as either party may from time to time have communicated to the other in writing. If sent email a notice shall, unless the contrary is proved, be deemed to be received on the day it was sent or, if sent recorded delivery, shall be deemed to be served two days following the date of posting.
9 Matters Beyond Our Reasonable Control
COM-TEL Telecom Ltd is not liable for any breach of Contract or any delay or failure in its performance of any of its obligations under a Contract when caused as a result of any matter beyond its reasonable control including, but not limited to, war, civil disorder, industrial disputes, adverse or extreme weather, acts of local or central government or other competent authorities or failure of other service providers, registries or other suppliers.
10 Liability
10.1 COM-TEL Telecom Ltd shall not in any way be liable for any loss of profits, anticipated savings, goodwill or business opportunity, for the loss, corruption or destruction of data, for injury to reputation or third party losses or for indirect, consequential or special loss or damage regardless of form of action, whether in tort (including negligence) contract, strict liability or otherwise and regardless of whether COM-TEL Telecom Ltd knew or had reason to know of the possibility of the loss, injury or damage in question.
10.2 Nothing in these Conditions shall operate so as to exclude COM-TEL Telecom Ltd's liability for death or personal injury resulting from its negligence or for fraudulent misrepresentation.
10.3 COM-TEL Telecom Ltd's total aggregate liability under any Contract for any claim arising out of or in connection with the provision of the Services shall be limited to the Fees paid by you in respect of the Services which are the subject of any such claim.
10.4 In any event no claim shall be brought against COM-TEL Telecom Ltd unless you notify COM-TEL Telecom Ltd of the claim within 6 months of it arising.
11 Indemnity
You shall indemnify and hold COM-TEL Telecom Ltd harmless from and against any breach you of these Conditions and/or the terms of any Contract and any claim brought against COM-TEL Telecom Ltd a third party resulting from the provision of Services to you and your use of the Services other than in accordance with the terms of these Conditions and the applicable Contract.
12 Waiver
The failure or delay of COM-TEL Telecom Ltd to enforce or exercise, at any time or for any period of time, any term of or any right, power or privilege arising pursuant to the Contract does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect COM-TEL Telecom Ltd's right later to enforce or exercise it. No single or partial exercise of any remedy, right, power or privilege preclude any further exercise of the same or the exercise of any other remedy, right, power or privilege.
13 Validity
The invalidity or unenforceability of any term of or any right arising pursuant to this Agreement shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.
14 Third Party Rights
Nothing in this Agreement shall be construed so as to confer any benefit or impose any obligation upon any person who is not a party to it whether under the Contracts (Right of Third Parties) Act 1999 or otherwise.
15 Headings
The headings in these Conditions are for ease of reference only and shall not affect the interpretation of the Conditions.
16 Language
All documentation and correspondence in connection with this Agreement shall be in the English language.
17 Law and Jurisdiction
The construction, validity and performance of these Conditions and each and every Contract is governed the law of England and Wales and the parties accept the exclusive jurisdiction of the courts of England and Wales.
18 Non-solicitation of Employees
You agree that you shall not on your own account or in partnership or association with any person, firm, company or organisation for the duration of this agreement and for a period of six (6) months thereafter, directly or indirectly solicit, entice away, employ or engage (or endeavour to do the same) any employees of COM-TEL Telecom Ltd who were involved in the performance of its obligations under this agreement without the prior written consent of COM-TEL Telecom Ltd.
Specific conditions
19 Specific Conditions applicable to Domain Name Registration
19.1 You acknowledge that despite COM-TEL Telecom Ltd's acceptance of any order for a domain name COM-TEL Telecom Ltd does not warrant or represent that the domain name you wish to register is or will continue to be available for use and registration and (save as provided in clause 4.1) accepts no liability in respect of the registration or failed registration of your domain name or your use thereof.
19.2 The registration and use of your domain name is subject to the terms and conditions of use applied the relevant naming authority including (but not limited to) those relating to renewal of registrations (see below). You must ensure that you are aware of those terms and conditions and that you comply with them.
19.3 COM-TEL Telecom Ltd does not monitor and accepts no liability in relation to the renewal of the registration of your chosen domain name. It is your responsibility to arrange for the renewal of the registration of your domain name either with COM-TEL Telecom Ltd or with the relevant naming authority as and when required. If you do not make such arrangements the registration of your domain name will lapse.
19.4 COM-TEL Telecom Ltd makes its best efforts to raise a renewal invoice for domains in a timely manner. However, it is the responsibility of the registrant to monitor the status of their domain independently of any information provided by COM-TEL Telecom Ltd. COM-TEL Telecom Ltd shall not be liable for any costs or losses associated with non-registration or non-renewal due to non-receipt of invoice or for errors or omissions within an invoice or for lack of communication or errors in communication with You, the registrant or customer.
20 Specific Conditions applicable to Hosting
20.1 COM-TEL Telecom Ltd makes no representation, gives no warranty as to and accepts no liability in relation to your use of the Hosting Service, the accuracy or quality of information received any person via the Hosting Service and/or any loss of or damage to any data stored or transferred via the Hosting Service.
20.2 Any access to other networks connected to the Hosted Service must comply with the rules appropriate for those other networks. This specifically, but not exclusively, includes NSFNET, GLOBIX, INSNET, XO, CLARA, GSX Networks, entanet, tiscali, (aq) Networks Limited, RIPE, Telehouse UK limited and Telecity Redbus Limited.
20.3 Save as provided below the maximum amount of data transfer allowed through the Hosted Service (without incurring an excess charge) will be 500 Megabytes (MB) per calendar month per 10 Megabytes (MB) of server space leased. The maximum Bandwidth of any Hosted Service shall not exceed an average of 64kbps over 24 hours without prior written approval of COM-TEL Telecom Ltd. Excess data transfer may be permitted at the discretion of COM-TEL Telecom Ltd, charged at £0.05 per Megabyte over the monthly quota payable upon receipt of an COM-TEL Telecom Ltd invoice.
20.4 If, as part of the Hosted Service, webspace is provided free of charge, the total (all protocols) data transfer shall not exceed 200 Megabytes (MB) per calender month. Any excess will be entirely at COM-TEL Telecom Ltd's discretion and will be charged at £0.05 per Megabyte over the monthly quota payable upon receipt of an COM-TEL Telecom Ltd invoice.
21 Specific Conditions applicable to Email Provision, Telecom Services, SMS Services and Broadband / Internet Services
21.1 COM-TEL Telecom Ltd makes no representation, gives no warranty as to and accepts no liability in relation to your use of the Email Provision, Telecom Services, SMS Services and / or Broadband / Internet Services ("Specified Services") the accuracy or quality of information received by any person via Specified Services and/or any loss of or damage to any data stored or transferred via the Specified Services.
21.2 COM-TEL Telecom Ltd reserves the right to suspend any SMS account if it remains unused (namely if no outbound messages are sent) for a period of three months and delete any remaining credit balance, without refund. In the case where an account is active but credits remain unused after a period of twelve months or greater, COM-TEL Telecom Ltd reserves the right to remove any unused credits from the balance of the account without refund.
21.3 Under normal circumstances one message credit is consumed per message delivery or attempted delivery. COM-TEL Telecom Ltd reserve the right to charge internetworking or network termination fees or to deduct messages from an sms account balance of equivalent value to any internetworking or termination fees due. COM-TEL Telecom Ltd reserve the right, without notice, to change the number of message credits used per delivery of an SMS message or to charge more than one credit for longer SMS messages.
21.4 Message credits are non-refundable under any and all circumstances. In the case of non-delivery, if investigation as to the cause of the non-delivery is required, the customer must agree to pay any administrative charges levied by the delivering mobile network incurred by the investigation. Such charges may be estimated by COM-TEL Telecom Ltd and charged in advance, with any refunds made after the final costs have been levied by the mobile network concerned. In any event, the outcome of such investigations will not result in the refund of any credits relating to failed messages.
21.5 inbound sms : in absence of any other agreement, COM-TEL Telecom Ltd reserves the right to suspend any accounts where the amount of incoming or outgoing messages impinges on the provision of services to other users. In such instances the accountholder will be given an opportunity for compliance.
21.6 By purchasing our Voice over IP (VoIP) telephony services you understand that:
20.6.1 you may not get quality or reliability comparable to a conventional PSTN phone line and specifically, COM-TEL Telecom Ltd does not offer any warranty or assurances of same;
21.6.2. May sometimes be unavailable as a result of things over which COM-TEL Telecom Ltd have no control, for example, the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection and you understand that in such circumstances all services (including 999/112 public emergency call services) will also be unavailable.
21.6.3 Connectivity to the public emergency services is subject to 21.6.2 above and the phone number and location details will need to be provided verbally to the operator.
21.6.4. Where you use your VoIP service outside of mainland England, Wales, Scotland and Northern Ireland, you may not be connected to the domestic emergency services upon dialling the appropriate emergency number.
21.6.5. Emergency operators and authorities may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the service is not operational for any reason, Emergency operators and authorities may also not be able to hold your line open in the event that you hang up.
21.6.6. You agree to inform potential users of the services of the above limitations and you understand and accept that you should always have an alternative means of accessing 999/112 emergency services.
21.6.7. If COM-TEL Telecom Ltd suspends or terminates the service you may NOT be able to dial 999/112. In the event that you do not have any remaining credit on your COM-TEL Telecom Ltd account, you will still be able to make 999/112 calls.
21.6.8. in very limited circumstances, where a specific type of non-voice related service is on the line, you may not be able to port your number away from COM-TEL Telecom Ltd and where it is possible, a porting charge may be made by COM-TEL Telecom Ltd.
21.6.9. inbound fax services may not always be available nor compatible with all sending fax equipment.
21.6.10. outbound fax services may not be compatible with all document types.
21.6.11. If your COM-TEL Telecom Ltd account or telephone number is terminated or suspended for any reason you may not be able to use remaining VoIP credit. No refund of unused VoIP credit will be given. Nor can remaining credit be allocated against outstanding invoices or used as payment for another service.
21.7 By using our Satellite Broadband / Internet Services, you understand that:
21.7.1 We act as resellers for BigBlu Broadband in respect of Satellite Internet provision and therefore your contract for this service will be direct with them.
21.7.2 COM-TEL Telecom Ltd take no responsibility for the provision of Broadband / Internet services directly to its customers as detailed in 21.7.1. Any performance, technical or contractual issues should be directed to BigBlu Broadband via the appropriate support channels provided by them.
21.8 By using our SIM only 4G data services, including voice and data, you understand that:
21.8.1 We are authorised by OFCOM to resell mobile services from Vodafone and O2.
21.8.2 All of our services are offered on a 30 day rolling contract basis. If the service is cancelled within 24 months then the user will be subject to a £40 disconnection fee.
21.8.3 With specific regard to the cancellation of service within 24 months, as long as the disconnection fee is paid, the user will not be liable for the remainder of the 24 month term.
Complaints and dispute resolution
COM-TEL Telecom Ltd operate a complaints procedure to help ensure that any complaints are dealt with efficiently and to your satisfaction.
We are committed to providing excellent service and endeavour to deal with any complaint fairly and within a reasonable period of time. However, should a customer remain dissatisfied with any aspect of our service, they are welcomed to contact us whereupon we will do our utmost to resolve the problem as quickly as is reasonably practicable.
Full details of our complaints procedure can be found on our website.
