1.1 In these terms and conditions (“the Conditions”) the following definitions shall apply:
1.1.1 “Company” means STRATUS TELECOM;
1.1.2 “Customer” means any business or other body or person using the Service by agreement with the Company and includes the Customer named in the Customer Service Agreement;
1.1.3 “Act” means the Communications Act 2003 and SI 2000/730 and includes amendments to the “Act” that may be made from time to time;
1.1.4 “Service” means indirect access by the Customer to the telecommunications network by means of the services provided by the Company and/or any similar system provided by its sub-contractors and/or agents;
1.1.5 “Agreement” means the contract made between the Company and the Customer upon the Conditions and incorporating the Customer Service Agreement and the Specification all which together form the Agreement;
1.1.6 “Customer Service Agreement” means the form overleaf, signed by the Customer requesting the Service and agreeing to and incorporating the Conditions;
1.1.7 “Company’s Tariff Schedule” means the schedule of charges used to calculate value of usage of the Service by the Customer, as varied from time to time;
1.1.8 “Access Code(s)” means any code which enables the Customer to access the Company’s telecommunications network;
1.1.9 “Term” means the period from and including the date of commissioning of the Service by the Company or the Customer’s first use of the Service (whichever is the earlier in accordance with clause 2.1) until such time as the Agreement is terminated by either party giving to the other not less than thirty (30) days prior written notice of its intention so to terminate (or three months notice in the case of ADSL circuits) in accordance with clause 4. The Customer may opt for a Term of 1 month (“1 month Term Agreement”), a Term of 3 years (“3 year Term Agreement”) or 5 years (“5 year Term Agreement”). The Term includes any period of notice required to terminate this Agreement. Unless otherwise agreed the minimum term for agreements is 1 month;
1.1.10 “Customer Equipment” means any equipment or software not supplied by the Company;
1.1.11 “Company Equipment” means any equipment or software supplied by the Company to enable the Customer to use the Service;
1.1.12 “Equipment” means Customer Equipment and/or Company Equipment;
1.1.13 “Price” means the price payable for the Company Equipment set out in the Customer Service Agreement;
1.1.14 “Charges” means the charges for the Customer’s usage of the Service calculated and charged on a monthly usage basis in accordance with the Tariff Schedule and invoiced monthly in arrears;
1.1.15 “Act of Insolvency” means in respect of a party the insolvency, bankruptcy or liquidation of such party or such party being unable to pay its debts, having a receiver, trustee or manager appointed in respect of any of its assets or having a bankruptcy order presented or a winding up petition or order filed in respect of it;
1.1.16 “Force Majeure” has the meaning in clause 9;
1.1.17 “Tariff Schedule” means the Company’s schedule of tariffs payable from time to time and which may be varied at any time subject to either giving the Customer 30 days written notice of such variation or posting on the Company’s website notice of such variation;
1.1.18 “Target Date” means the target date (if any) for installation of the Company Equipment as set out in the Customer Service Agreement; and
1.1.19 “Specification” means the specification section in the service proposal submitted to the Customer subject to any modifications in the Customer Service Agreement;
1.2 The Conditions supersede all previous conditions, including any terms and conditions of the Customer or its servants or agents and shall not be superseded, varied or waived other than by the express written consent of the Company.
1.3 Any order, purchase order, request for or use of the Service by the Customer shall be conclusive proof of the Customer’s acceptance of the Conditions which shall apply instead of and notwithstanding any terms and conditions of the Customer whether included in such order and whenever arising.
1.4 In the event of any conflict between the Customer Service Agreement and the Conditions and/or the Specification then the Customer Service Agreement will prevail.