DEFINITIONS
“We”, “us”, “our” – Fairlie Communications Limited
trading as Meridian Delta, registered at 3rd Floor,
Coronation Building, 65 Quayside, Newcastle upon Tyne,
NE1 3DE
“Customer”, “you”, “your”, “yours” – the person or
company named as the customer on the contract
“Fax”, – a communication defined as such by the ITU
Telecommunication Standardization Sector.
“Fax broadcasting”, "broadcast" – the act of sending
faxes to other fax machines in volumes of greater than 5
over the public switched telephone network.
“Equipment” – the electronic apparatus used by us to
deliver the service
“Service” – the service is the product which you order
from us and is specified on the contract
“Monthly Discount” – the scale of price reductions made
available to you by us when you order the service and
commit to ordering it at no less than the number of
broadcasts in the first month for more than one month.
“Service Month” – month is defined as the 14 days before
the Service begins and 14 days after the Service ends.
Service Month defines the time in which the Service
takes place.
“Price
List” – the scale of charges for the Service
which do not include any special offers which is
published from time-to-time. Price List charges are
indicated as such.
1. PROVISION OF SERVICES
The Service relies on the public switched telephone
network and the internet, and the Service may be
affected by problems with this network. We will not be
liable for any disruption in the Service caused by
technical difficulties with the public switched
telephone network.
We cannot guarantee that the Equipment will be ready to
carry out the Service at a specified time. If there is
to be any disruption in the Service caused by our
Equipment, we will notify you in advance and arrange a
new time and date at which service can begin.
Fax broadcasting is subject to regulatory compliance,
and we act within this guidelines.
2. THE SERVICE
The Service contains either some or all of the following
depending on the level of service required by you, and
includes but is not limited to: provision of data to be
sent to the fax servers (that which sends the
broadcast), sending of the broadcast, and design service
provided free to the client, collection of responses and
subsequent transmission thereof to you, database
management skills, regulatory compliance and other
features.
3. TIMESCALES
We will agree with you the timescale over which the
Service will be provided, including start dates and
expected length of time over which the Service will be
carried out.
If, for any reason, we are not able to carry out the
Service in the timescale agreed, we will notify you
immediately.
We will not be liable to compensate you if you wish to
change the details after we have begun providing the
Service.
4. BILLING AND PAYMENT
For any of the first four orders from us, we are to be
paid before Service commences.
If you decide to pre-pay your orders with a credit card,
you are not permitted to use chargeback against us. If
you do, we will require payment immediately and will
levy a £15 surcharge to cover our costs and
administration.You agree to pay us all charges due
within 14 days of the date of our bill if you are an
account customer. If you are more than 14 days late with
your invoice, you permit us to use any debit or credit
card we have registered to take payment. We may or may
not notify you of our intention to do this.
If you do not pay us according to these terms, we may,
at our sole discretion, levy a charge of £15 + VAT for extra
administrative work.
If you fail to pay all charges by the due date, we will
temporarily suspend Service without warning. In the
event of Service suspension, you will remain liable to
pay all charges due under the contract you have agreed.
We will charge you any expenses incurred to us in
chasing any debts you owe us, including but not limited
to third-party debt collection charges, solicitor fees,
court fees, and so on.
5. ENDING THE SERVICE (FOR ACCOUNTS WHERE SERVICE IS
PREBOOKED OVER MORE THAN ONE MONTH)
You can obtain substantial discounts on the price of the
Service when you book for two or more consecutive
months, or two or more months where a break has been
agreed during the Service.
No matter for how many months you book, the cancellation
period is 14 days. To cancel the Service, please write
confirming cancellation to Fairlie Communications
Limited, 3rd Floor, Coronation Building, 65 Quayside,
Newcastle upon Tyne, NE1 3DE
If you cancel early, you will be liable to pay for the
difference between the costs of the Services which have
been provided with the charge we would have levied for
the Service for the amount of time the contract runs.
For example, if you book for 6 months and have used the
Service for 3 months, we will re-bill you for the
Service over three months, taking into account any money
paid for the Service to the date of cancellation.
6. ADVERTISING AGENCY DISCOUNTS
If you are acting on behalf of another company as their
marketing or publicity agent, you are entitled to
additional discounts on our Service rates. To benefit
from this, you will need to send us your company
identification together with that of the company you are
representing. Please note that agency discounts are not
offered on special discounts but only from prices given
on the Price List.
7. FORCE MAJEURE
Neither we nor you shall be liable to the other or be deemed
to be in breach of the terms of this Agreement by reason
of any delay in performing, or any failure to perform
any of its obligations under this Agreement if the delay
or failure was due to any cause beyond that party's
reasonable control.
8. NOTICE
Notices may be given by either us or you to the other by
sending them to the registered office of the other
Party. Any such notice will be valid if sent by first
class post or fax and deemed to be received on the
second business day following posting or transmitting.
9. ENTIRE AGREEMENT
This Agreement comprises the entire agreement between us
and you and there are not any agreements,
understandings, promises or conditions, oral or written,
expressed or implied, concerning the subject matter
which are not merged into this Agreement and superseded
hereby. This Agreement may be amended only by an
instrument in writing executed by an authorized
representative of us and you.
10. LAW AND JURISDICTION
This Agreement is governed by and interpreted in
accordance with English law. We and you agree that the
English courts will have the exclusive jurisdiction to
hear any disputes relating to this Agreement. |
