1. SERVICE

This agreement covers the provision by GTL (Global Telecom Ltd) to you of our standard business telecoms services. We may vary how these services are provided if we need to maintain or improve their quality or to comply with any law or regulation.

2. DURATION

The agreement begins when the service to be transferred from your current supplier is agreed by BT approving the ‘switch over’ date. After the initial twelve month period the agreement will continue unless terminated by either party.

Either of us may end this agreement:-

immediately if the other has broken a term of this agreement and, after written notice, has not corrected the breach within 14 days: or

immediately if the other stops trading or is likely to become insolvent or be wound up.

At the end of this agreement you must immediately pay us all sums owing to us and return any of our equipment you may have.

3. CHARGES

We will bill you for calls made in accordance with the prices in our price lists from time to time. Your bill will be calculated using data recorded by us and not from your own records. We may change our prices, but will aim to inform you 7 days in advance of any change we are making.

Any billing charges are set out in the Service Order Form. Unless we indicate otherwise, our charges are quoted without VAT which shall be charged and payable by you at the prevailing rate.

We will send you bills for calls made after the end of each month. We bill any rental charges in advance (if applicable). You agree to pay our bills within 14 days of the invoice date by Direct Debit unless other arrangements have been made in writing. If you are late paying us, you will be in breach of the contract and we may charge you interest at the rate of 3% over the base rate of the National Westminster Bank plc on the outstanding amount from the date the amount was due until we receive full payment whether or not this agreement has ended.

If you fail to pay our bills within 30 days we reserve the right to pass the debt to a third party collections company and charge you additional fees to collect the debt.( Seven days notice will be given in writing should this be necessary).

We may at any time ask you for a deposit as security for our charges.

4. RESPONSIBILITIES

We agree to provide you with the services you have requested in the application form subject to the provisions of this agreement.

You agree to use the services in accordance with this agreement, any instructions given by us from time to time and any laws, regulations and licences which apply to the use by you of the services and you agree to ensure that the equipment used by you to obtain access to the services conforms with these laws, regulations and licences.

You agree not to use the services to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or to commit a fraud or other criminal offence.

We may end this agreement without giving you notice if you do not comply with your responsibilities set out in these paragraphs.

5. CONSENT

By completing this form you (the customer) confirm we have obtained the your consent to BT disclosing to us information about products held by yourself.

5. EQUIPMENT

If we supply you with any equipment we may charge you in accordance with our price list from time to time.

6. REPAIRS

We will aim to give you at least 5 days notice before carrying out any maintenance of the services that may affect you ( if applicable). We will use our reasonable endeavours to correct any defect or fault in the services that you notify us of as soon as possible.

7. SUSPENSION OF SERVICE

We may suspend the service:-

to provide or safeguard any service to any emergency, rescue or other essential service or otherwise in a local or national emergency;

to comply with a request for instruction from a government or other competent authority;

to maintain the quality of the services;

if we reasonably believe that you will fail to pay any amount due to us (whether or not we have issued you a bill);

if an event beyond our reasonable control occurs; or if you break the terms of this agreement.

8. TERMINATION

If the customer is in breach of this contract the service can be terminated immediately without notice.

If the customer cancels the service prior to the connection date then the customer agrees to pay a £95 cancellation fee.

If the customer cancels the service or transfers the business to another service provider other than GTL, during the agreement period, then the customer agrees to pay compensation equal to the service rental charge plus 50% of the normal charges. The normal charges are the average monthly billed call spend over the last three months call spend.

9. LIABILITY

Neither of us shall have to compensate the other for any event beyond the others reasonable control. In this agreement, 'beyond reasonable control' includes any act of God, power failure or shortage, employee dispute, act or omission of government highway authorities, other telecommunication operators or their equipment including access lines, war, military operation, riot or delay or failure in manufacture, production or supply of equipment by third parties.

We will not have to compensate you for any harm to your business, lost revenues, loss of anticipated savings, lost profits or other indirect, consequential or special losses nor for any charges incurred by you with another carrier.

We do not limit our liability for death or personal injury resulting from our negligence.

10. GENERAL

You may not transfer this agreement or any rights under it without our prior consent in writing.

If any provision of this agreement shall be invalid or unenforceable the remaining conditions shall continue to apply.

This agreement and the documents referred to in it contains the entire agreement between us. Any variation to this agreement (other than changes made in accordance with this agreement) shall be signed by both of us in writing. If there is any inconsistency between this agreement and an service order form, the service order form shall take precedence. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right. This agreement is governed by English Law.