Standard Terms and Conditions of Service

Unless expressly stated by Data & Voice Communications Limited (trading as DVCOMMS) in writing, all quotations are made and Orders accepted on the following terms and conditions

1. Definitions In this Agreement
2. Purpose and Acceptance
3. Duration
4. Airtime Services Agreements
5. Products and Services Supplied Directly by DVCOMMS
6. Payment
7. Warranty and Liability
8. TERMINATION
9. GENERAL
10. Network Commission Clawback
 11. Data & Voice Communications Ltd. Complaints Procedures for Customers

1. Definitions In this Agreement the following words shall have the meanings set out below:
(a)"Agreement" means the terms of an Order and the terms and conditions set out herein;
(b)"Airtime Services Agreement’’ the connection to and use of a telecommunication network for mobile telephone calls;
(c)"'Airtime Services Agreement" means an agreement between an Airtime Service Provider and the Customer for the supply of Airtime Services;
(d)"Airtime Services Provider " means a third party supplier of Airtime Services introduced to the Customer by DVcomms.
(e)"Associated Airtime Services Agreement" means the Airtime Services Agreement in connection with which the Products are supplied for use;
(f)"Minimum Period" means the minimum ter1ll of the Airtime Services Agreement as stated therein.
(g)"Order" means a request for Products, Services or Introduction to Airtime Service Providers signed by the Customer and delivered to DVCOMMS.
(h)"Products" means the equipment supplied to the Customer as stated in the Order;
(i)"Services" means the ancillary services provided to the Customer by DVCOMMS in connection with the Product as stated in the Order

2. Purpose and Acceptance
2.1 Each Order and these terms and conditions set out the terms and conditions of business between DVCOMMS and the Customer in respect of the supply of Products, Services and the introduction to Airtime Service Providers. These terms and conditions shall govern the Agreement to the exclusion of any other terms and conditions subject to which the Customer has accepted or purported to have made an Order.
2.2 Each Order shall be binding on DVCOMMS only after it indicates its acceptance by sending out a welcome letter to the Customer or C01nmences provision of the Service whichever is earlier, prior to acceptance the Customer agrees that DVCOMMS may carry out such credit checks as it deems necessary.
2.3 Any recommendations DVCOMMS makes resulting in changes to the Customer's communications systems will be as a result of consultation with the Customer, and based solely upon the information provided to DVCOMMS by the Customer, taking into account DVCOMMS’s knowledge of the products and services available in the industry
2.4 For the avoidance of doubt, DVCOMMS does not provide Airtime Services. If the Customer chooses to enter into an Airtime Services Agreement, the Customer must enter into such agreement with the Airtime Services Provider directly. DVCOMMS is not a party to any such arrangement and has no liability to the Customer in connection with any such agreement.
2.5 It is the sole responsibility of the Customer to familiarize themselves with the terms and conditions imposed by any Airtime Services Provider before entering into any Airtime Services Agreement with them

3. Duration
3.1 Each Agreement shall Commence on the date specified in the Order (or as otherwise notified to the Customer in writing by DVCOMMS)and shall continue for a minimum period of three year (unless otherwise agreed) and thereafter can be terminated by either party giving not less than three months' notice in writing to the other party.

4. Airtime Services Agreements
4.1 DVCOMMS has well established links to all the major Airtime Services Providers and is able to introduce the Customer to independently sourced communication solutions
4.2 As with any competitive business, tariffs for Airtime Services adjust to market conditions. DVCOMMS will use reasonable endeavors to propose the Airtime Services Provider and tariff that satisfies the Customer's stated communication objectives, at the time of consultation
4.3 The Customer is responsible for the administration of the Airtime Services Agreement and for the transfer of mobile telephone numbers to new networks DVCOMMS will on request use reasonable endeavors to assist the Customer with queries relating to the Administration of Airtime Services Agreements but on any contractual issues the Customer must deal with Airtime Services Provider direct. For the avoidance of doubt DVCOMMS cannot cancel Airtime Service Agreements on behalf of the Customer.
4.4 Where an Order slates that DVCOMMS agrees to re-pay the Customer any charges incurred in transferring to a different Airtime Services Provider, this payment will be made by DVCOMMS not earlier than four months from the date of transfer unless otherwise agreed in the Order. Any such payment will be limited to the actual mobile numbers transferred at the payment dated. The Customer must claim from DVCOMMS such payments but shall not be entitled to payment under Clause 4.4 where the Airtime Services Agreement is terminated prior to the date of payment.
4.5 As common industry practice, DVCOMMS will derive income from the Airtime Services Providers in the form of commissions for introducing Customers to their services.
4.6 If the Order states that a cash incentive inducement or subsidy shall be paid to the Customer by DVCOMMS where the Customer enters into an Airtime Services Agreement, any such payment will be made by DVCOMMS to the Customer in three equal installments, in arrears, at the end of month 4, 13 and 18 of the Airtime Services Agreement on production of Invoice to DVCOMMS & paid invoice of air time service agreement, unless otherwise stated. Cash payments shall only be made to the Customer where the Airtime Services Agreement has not been terminated before the end of the minimum period. It is the responsibility of the customer to claim such payments and must on request produce evidence to DVCOMMS's reasonable satisfaction that the Airtime Services Agreement is in existence and has not been terminated prior to making any payment under this Cause 4.6.
4.7 Any cash incentives or subsidy's offered under clauses 4.4 and 46 that have not been claimed by the customer within 14 days from the end of the given time become null and void
4.8 Where any incentive is offered by the Airtime Services Provider or the manufacturer of a Product, DVCOMMS is not responsible for payment of such sums or satisfaction of any such obligation to the Customer and the Customer hereby acknowledges that It must apply direct to the relevant third party for payment and/ or performance.

5. Products and Services Supplied Directly by DVCOMMS
5.1 DVCOMMS shall supply the Products stated in the relevant Order subject to these terms and conditions
5.2 All Products supplied by Data & Voice Communications LTD come with a 12 month manufacturer's guarantee ("Product Guarantee"), unless otherwise agreed in writing. The Product Guarantee is only valid if the Customer complies with the terms and conditions of Product Guarantee.
5.3 DVCOMMS reserves the right to charge the Customer for time and materials used on repairs carried out as a result of improper or incorrect usage of the Product and/or where the Customer has not complied with the terms and conditions of the Product Guarantee.
5.4 Except for bank Holidays and other public holidays, for the purpose of performing repairs and services in connection with the Product the normal working hours shall mean 9am to 5.30pm Monday to Friday
5.5 DVCOMMS will Endeavour to supply or install the Products by the date (if any) specified in the Order However, DVCOMMS does not guarantee that delivery or installation wiII be effected by such date and does not accept any liability in respect of late delivery or installation for whatever reason
5.6 DVCOMMS reserves the right to alter specifications or designs at any time. No warranty, statement, or promise of any kind given by DVCOMMS, its employees, agents or contractors shall be binding unless confirmed in writing by DVCOMMS.

6. Payment
6.1 Where an Order states that a charge is made for the Product, title to the Product passes to the Customer upon receipt of payment of the charge in full
6.2 Where an Order states that a Product is supplied free of charge. then title in the Product remains with DVCOMMS and on termination of the Associated Airtime Service Agreement (for whatever reason) the Customer must return the Product to DVCOMMS (which shall include without limitation SIM card, battery, charger, user guide, and any other materials that the Customer received with the Product, together with any accessories supplied by DVCOMMS). If the Customer fails to comply with this Clause with 6.2 within 30 days of the date of termination of the Associated Airtime Service Agreement DVCOMMS reserves the right in its absolute discretion to
6.2.1 charge the Customer the full cost of the Product incurred by DVCOMMS at the time of supply and the Customer shall make payment of the same; and/or
6.2.2 enter the premises of the Customer or any third party where the Goods are kept and repossess the Goods.
The provisions of this clause 6.2 shall apply on termination of an Agreement for whatever reason.
6.3 Notwithstanding that ownership may not have passed to the Customer, risk the Product shall pass to the Customer on delivery
6.4 Unless otherwise stated, Prices are quoted exclusive of V AT which charged in addition
6.5 All invoices raised by DVCOMMS are to be paid by the Customer within 14 days of the date of invoice If the Customer fails to make payment on the due date, DVCOMMS reserves the right to charge (both before and after judgment) daily interest on late payments at a rate equal to 4% per annum above the base lending rate of Barclays Bank PIC until the date that payment is made
6.6 DVCOMMS reserves the right to amend rates and charges from time to time. The prices applicable shall be as stated in the relevant Order.

7. Warranty and Liability
7.1 Subject as expressly provided in these terms and conditions and except where the Goods and/or Services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by state or common law are excluded to the fullest extent permitted by law.
7.2 Where the Goods and/or Services me sold or supplied under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affect by these terms and conditions.
7.3 A claim by the Customer which is based on any defect in the quality or conditions of the Goods and/or Services or their failure to correspond with the description staled in the Order shall (whether or not delivery is refused by the Customer) be notified to DVCOMMS, within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify DVCOMMS accordingly, the Customer shall not be entitled to reject the Goods and/or Services and DVCOMMS shall have no liability for such defect or failure, and the Customer shall be bound to pay the prices as if the Goods and/or Services had been delivered in accordance With the Agreement
7.4 Where a valid claim in respect of any of the Goods and/or Services which is based on a defect in quality or condition of the Goods and/or Services or their fail to meet specification is notified to the Seller in accordance with these terms and conditions, DVCOMMS may replace the Goods (or the parts in question) or re-perform the Services (in whole or in part) free of charge, or at DVCOMMS's sole discretion, refund to the Customer the price of the Goods and/or the Services (or a proportionate part of the price), in which case DVCOMMS shall have no further liability to the Customer
7.5 Except in respect of death or personal injury caused by DVCOMMS's negligence, DVCOMMS shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of the Agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of DVCOMMS, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods and/or Services (including any delay in supplying or any failure to supply the Goods and/or Services in accordance with the Agreement or at all) or their use or resale by the Customer and the entire liability of DVCOMMS under or in connection with the Agreement shall not exceed the price of the Goods and/or Services except as expressly provided in these terms and conditions.
7.6 DVCOMMS shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any fail me to perform, any of DVCOMMS's obligations in relation to the Goods and/or Services, if the delay or failure was due to any cause beyond DVCOMMS's reasonable control.

8. TERMINATION
8.1 Either party may (without Limiting any other remedy) at any time terminate the Agreement by giving written notice to the other if the other commits any breach of these terms and conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
8.2 DVCOMMS do reserves the right to apply penalties if the contract with services provider is terminated for whatever reason within the agreed minimum period.
8.3 DVCOMMS may appoint / pass the third party to recover any type of charges without notice to the customer.

9. GENERAL
9.1 These terms and conditions (together with the terms, if any, set out in the Order) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
9.2 A notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may be at the relevant time have been notified pursuant to this provision to the party giving the notice
9.3 No failure or delay by either party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision
9.4 If any provision of these terms and conditions is held by any court or other competent authority or be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected
9.5 The Customer may only assign the benefit of an Agreement and any rights it may have under it either wholly or partly with DVCOMM’s prior written consent, such consent will not unreasonably withhold. DVCOMMS may sub contract and assign the benefit an all rights and obligations under an Agreement to a third party without the consent of the Customer
9.6 These terms and conditions shall be governed by and construed in accordance with the Laws of England and both parties herby submit to the jurisdiction of the English Courts.

10. Network Commission Clawback

If Data & Voice Communications Ltd receives a commission clawback from the network for any reason, relating to your mobile phone contract. Data & Voice Communications Ltd will seek to recover the full losses incurred. We will write to you confirming the reason and the full amount of the clawback. Data & Voice Communications LTD also reserves the right to pass/involve any third party for sole purpose of recovering the debt.

11. Data & Voice Communications Ltd. Complaints Procedures for Customers

This procedure is required to be issued in the event of a customer complaint.

Data & Voice Communications LTD will not consider complaints relating to anything that is out of their control or issues that have been caused by any actions of a 3rd party or disputes with any personnel not employed by them.
Data & Voice Communications LTD will consider all complaints received from an Eligible Complainant,
Data & Voice Communications LTD have classified as a person who is:
(a) An individual / business who has purchased a product or service from Data & Voice Communications LTD; or
(b) An individual / business who has been contacted by Data & Voice Communications LTD with a view to sell a product or service; or
(c) The complaint arises out of matters relevant to being or having been a customer of Data & Voice Communications LTD; or
(d) The complaint arises out of our actions or failure to act where the complainant is a potential customer of Data & Voice Communications LTD
NOTE: A complaint may be made on behalf of an eligible complainant by another party authorized in writing by you.

Informal complaints / comments will be taken by telephone on 0870 961 9126, should you wish to formalize your complaint you must do so in writing to “The Managing Director” at the address detailed below.

In the event that we receive a complaint we will enter it on to our complaint register, which will record the details of your complaint, and enable us to track your complaint through to resolution. We will retrieve all the necessary data /information/documentation relevant to you / your sale from our files / systems. This information will be used to assess the complaint and evaluate the best way to resolve your specific issue/s.

We will endeavor to respond to and resolve your complaint within 10 working days from the date that we receive your written complaint. However, we may need to carry out further internal investigations, if these are required we will send you a notice of Investigation letter within 5 working days from when we received your complaint.

The notice of investigation letter will include: An explanation of why a different person is responding if it is not the person you addressed your complaint to as well as the name and job title of the individual handling your complaint, a timescale for when we will correspond further, which will be no more than 4 weeks from the receipt of your complaint.

We would hope that we would be able to provide you with a full and final response within 4 weeks from the date that we received your letter of complaint. If after 4 weeks we are still not in a position to make a response, we will write to you and give reasons for the delay and an indication when we expect to provide a full and final response. At this point we will include details of Ofcom, whom you can refer your complaint to if you wish.

Once our investigations are complete we will write to you with our response, this will be either a final response, or an action letter, depending on the circumstances of your complaint.
A Final Response is:
• Where we believe we have fully addressed your complaint;
• Notified you that you may refer the complaint to Ofcom if you are still not satisfied with our response.
An action Letter is where we consider that we need to act to resolve your complaint, and believe that this will fully address your complaint. This will include an acceptance slip for you to sign and return to us. We will consider a complaint closed when we have sent you an action letter and received your signed acceptance or our final response, and where you fail to respond to either within 4 weeks from the date of our final written response / action letter.

You can contact us:
Complaints
Data & Voice Communications LTD
Legacy Centre
Hanworth Trading Estate
Hampton Road West
Feltham
TW13 6DH

Details of the network and complaints procedure can be obtained by calling us at 0870 961 9126 or by writing to the above address.