Terms and Conditions

 

1. Acceptance.

These terms and conditions of business will apply to our dealings. If you use the goods and
services provided by us you will be deemed to have accepted them.

2. Prices and quotations exclude VAT (and any other taxes and duties on the goods) unless otherwise stated
(and their rate will be those applying at the time of delivery; exclude delivery unless otherwise stated; lapse
and are void after 7 days unless otherwise stated; may be adjusted upwards at any time before delivery to
reflect any increase in our costs of supplying the goods.

3. Clawback.

Some goods and services may be provided at a discounted price or with “cashback”. If you
cancel any contract with us, you agree to pay back to us that discount or cashback within 14 days notice from
us.

4. Delivery times quoted are estimates only and you have no claim against us for delay (including for direct
indirect or consequential loss; for loss of profits use or chance or for increase in the price of the goods) but if
we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract
(whereupon you will have no further claim against us) but such notice will be ineffective if we receive it after
the goods have been dispatched.

5. Delivery by instalments is permitted and each instalment may be treated by us as a separate contract.

6. Delivery and safety.

We may decline to deliver if we believe that it would be unsafe, unlawful or
unreasonably difficult to do so or the premises (or the access to them) are unsuitable.

7. Credit Account.

If you have an approved credit account, we may (at any time without notice) withdraw it
or reduce your credit limit or bring forward your due date for payment.

8. Payment must be made by cheque cash or certain credit / debit / charge cards on or before delivery.

9. Payment difficulties.

If you fail to pay us in full, we may suspend or cancel future deliveries; charge you
£25 plus VAT for any dishonoured cheque; cancel any discount offered to you and charge you interest (before
and after judgment, unless the court orders otherwise) and compensation at a rate equivalent to that set for
the purposes of the Late Payment Of Commercial Debt (Interest) Act 1998.

10. Lien.

While you owe money to us, we have a lien on any of your property in our possession (“your
Property”). You agree that if you owe that money to us for 3 months the title to your Property automatically
passes to us and we may sell your Property to recoup what we are owed.

11. Title.

Until you pay all debts you may owe us, all goods supplied by us remain our property; you must
store them so they are clearly identifiable as our property; you must insure them (against the risks for which a
prudent owner would insure them) and hold the policy on trust for us.

12. License.

You may use the goods in the ordinary course of your business, but not if we revoke that right
by informing you in writing or you become insolvent (of which event you must inform us in writing). If your
right to use the goods ends you must allow us to remove the goods.

13. Right of entry.

We have your permission to enter any of the premises where the goods may be stored at
any time, to inspect / list / photograph them and after your right to use and sell them has ended, to remove
them using reasonable force. Alternatively, we have the right to take legal proceedings to recover the price of
goods supplied should you not pay us by the due date.

14. Indemnity.

You hereby indemnify us in full and hold us harmless from all expenses and liabilities we may
incur (directly or indirectly and including legal costs on a full indemnity basis.) following any breach by you of
and of your obligation under these terms.

15. Agency.

Unless otherwise agreed you are not our agent and you have no authority to make any contract
on our behalf in our name.

16. Risk.

The goods are at your risk from the time of delivery, which takes place at our premises (if you are
collection them or arranging carriage) or at your premises (if we are arranging carriage).

17. Insurance.

We can sell you insurance (with a well known insurer) against loss or damage to goods but we
hereby notify you that we have not researched the market for the best policy nor do we guarantee that the
premium is the keenest for the cover afforded. You must take advice on such matters elsewhere.

18. Inspection.

You must inspect the goods on delivery. If any goods are damaged (or not delivered) you
must write to tell us within 3 working days of the delivery (or the expected delivery time). You must give us
(and any carrier) a fair chance to inspect and / or replace any damaged goods.

19. Warranties.

We warrant that the goods comply with our description of them; are free from material
defect at the time of delivery and have the benefit of any warranty provided by the manufacturer but we give
no other warranty (and so far as is permitted by law we exclude any warranty, term or condition that would
otherwise be implied) as to the quality of the goods or their fitness for any purpose.

20. Faults.

20.1. If the goods develop a fault- 

20.1.1. within 14 days of delivery, you must inform us (in writing), with full details within 3 days of
discovering the fault, and allow us to investigate (we may need to examine the goods). If the goods are found
to be defective in material or workmanship (following our investigations) we will (at our option) replace the
goods or refund the price.

20.1.2. after 14 days of delivery time then you have the benefit of any manufacturer’s warranty and you
should contact the manufacturer of the goods.

20.2. We are not liable for any other loss or damage (including indirect or consequential loss, financial loss,
loss of profits use or chance) arising from the contract or the supply of goods or their use, even if we are
negligent.

20.3. Our total liability to you (from one single cause) for damage to property caused by our negligence is
limited to £1 million.

20.4. For all other liabilities not referred to elsewhere in these terms our liability is in damages to the price
of the goods.

21. Death or Personal Injury.

Nothing in these terms restricts or limits our liability for death or personal
injury resulting from negligence.

22. Returning of goods.

Unless otherwise agreed we will accept returns from you only if you comply with
the returns policy of the appropriate manufacturer or supplier of the goods. We will not accept the return of
goods from you except by prior arrangement (confirmed in writing); on payment of an agreed handling charge
(unless the goods were defective when delivered) and where the goods are fit for sale on their return as they
were on delivery.

23. Cancellation.

We may suspend or cancel the order, by written notice if you fail to pay us any money due
(time to be of the essence and whether under the order or otherwise); become insolvent or fail to honour
your obligations hereunder. You may not cancel the order unless we agree in writing. If the order is cancelled
(for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which
we are committed) for the order.

24. Waiver and variations.

No waiver or variation of these terms is binding unless made (or recorded) in
writing; signed on behalf of each party and expressly stating an intention to vary these terms contained
herein.

25. Force majeure.

If we are unable to perform our obligations to you (or able to perform them only at
unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our
obligations to you, without any liability. Examples of force majeure include act of God, accident, explosion,
fire, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

26. Liability.

If “you” are more than one person, each of you has joint and several liability.

27. Severance.

If any of these terms are unenforceable as drafted, it will not affect the enforceability of any
other terms; and if it would be enforceable if amended, it will be treated as so amended.

28. Insolvency.

We may treat you as insolvent if you are unable to pay your debts as they fall due; you (or
any item of your property) become the subject of any formal insolvency procedure (examples of which include
receivership, liquidation, administration, administrative receivership, voluntary arrangements, moratorium
and bankruptcy); any application or proposal for any formal insolvency procedure; or any application,
procedure or proposal overseas with similar effect or purpose.

29. Representations.

The only statements upon which you may rely in making the contract with us, are
those made in writing by someone who is our authorised representative and either; contained in our estimate
(or any covering letter) and not withdrawn before the contract is made; or which expressly state that you may
rely on them when entering in to the contract. Nothing herein affects or limits our liability for fraudulent
misrepresentation

30. Promotional material.

All brochures, catalogues and other promotional materials are to be treated as
illustrative only. Their contents form no part of any contract between us and you should not rely on them in
entering into any contract with us

31. Rights of Third Parties.

No contract will create any right enforceable by any person not identified as
buyer or seller.

32. Notices.

Any notice to be served hereunder shall be in writing and shall be deemed given when
personally delivered or 3 days after being sent by pre-paid First-Class Post to a corporate party’s registered
office or a non-corporate party’s last known business address or such other address as a party last provided to
the other by written notice given in accordance with this provision.

33. Promotions.

On occasion we may offer promotions linked to your contract such as cashback. Where a
cashback is offered it is agreed on the basis of you fulfilling your contractual obligation with the relevant
airtime provider. Failure to do this will require full and immediate repayment of the cashback. The cashback
sum will be the total cashback divided by the number of months in your contract. This sum will be paid
monthly into your nominated bank account starting after your first bill has been paid to the relevant airtime
provider.

34. Complaints.

We will endeavour to deal with all complaints within 7 days. Complaints should be made in
writing to Customer Services, DWD Telecoms, Block 4, 6-8 Brook Way, Brook Way Business Park, Ivyhouse
Lane, Hastings, East Sussex TN35 4NN
35. Law. English law applies and the parties submit to the exclusive jurisdiction of the English courts

Fixed Line / VoIP/Broadband Terms And Conditions

1. Important Information

The Customer acknowledges that VoIP services are dependent on the Customer’s
connection to the data network and the data network itself. The Customer’s service may therefore cease to
function if there is a power failure or a failure in the underlying data network.
The Customer understands and acknowledges that this service allows calls to the emergency services numbers
999 and 112 and that calls to these services may fail if there is a power cut or if the customer’s broadband
connection fails.
The customer understands and acknowledges that the address provided by the customer will be passed to the
Emergency Services and will be used in location finding during a 999 call. The customer understands and
acknowledges that the address provided is the location that the service will be used and that it is the
customer’s responsibility to notify DWD Telecoms of any changes to this information.

2. Services

Subject to the terms and conditions of this Agreement, DWD Telecoms will provide to the Customer, the
telecom services and/or related services described in the specific package of services chosen by you. DWD
Telecoms shall take all due care in the provision and maintenance of the service to provide quality and
reliability. In the event of any failure or malfunction within our networks DWD Telecoms shall then correct any
failure or malfunction as soon as is reasonably practical.

3. Term

The initial term of this Agreement shall be as stated in the Order (“Initial Term”). The Initial Term shall begin
upon commencement of Service to the Customer, provided, however, no Service shall commence unless and
until DWD Telecoms receives and accepts a completed Order from the Customer plus payment in full for
Services to be rendered during the Initial Term and any setup charges.
DWD Telecoms reserves the right to reject any submitted Order for any or no reason prior to acceptance by
DWD Telecoms. After the Initial Term, the contract can be cancelled by giving 30 days notice in writing, unless
renewed. Notice is not confirmed until you have written confirmation from us.

4. Fees And Payments

DWD Telecoms may, at any time amend the Services and/or the rates and fees it charges for the Services. Fees
for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such
renewal period.
All users signing up for DWD Telecoms service will be asked to read and agree to our terms and conditions
before registration is completed. By agreeing to these terms and conditions the user agrees to abide to the
terms and conditions.
In the event that any amount due to DWD Telecoms remains unpaid after 30 days, DWD Telecoms, in its sole
discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes
of DWD Telecoms) shall be paid by the Customer.

5. Security Of Service

The customer is wholly responsible for the safety and security of their DWD Telecoms account and the
equipment used by them to access the DWD Telecoms network and services and must put in place such
safeguards as necessary to prevent unauthorised use. The customer is responsible for all persons who use
their username and password to access the service, whether authorised or not. DWD Telecoms accepts no
responsibility for costs incurred by the customer from unauthorised usage of a customer’s account.
DWD Telecoms reserves the right to check the security of a customer’s equipment or devices used to connect
to its network if it reasonably believes that equipment on the customer’s network may be at risk from external
attack (hacking) or if they believe that its terms and conditions of use are not being followed.

6. Content And Customer’s Responsibility

DWD Telecoms will exercise no control whatsoever over, nor have any responsibility or liability whatsoever
for, the content of the information passing through its network. DWD Telecoms shall make no effort to
validate any information passing through its network for content, correctness, usability or for any other
reason.
Any users causing in appropriate cpu (central processor unit) usage, system load, performing any illegal
activities or misusing 999 / 112 services will be immediately suspended.
Any users found on our servers which fit any of the descriptions above will be immediately disabled, removed,
and are subject to a £450 clean-up and service fee upon termination. On such accounts all monies outstanding
must be paid and refunds for any remaining months will not be given.
Non-UK Telephone numbers: When ordering non-UK telephone numbers you are obliged to conform to the
telephone numbering regulations of the country concerned. This will normally mean that you must use the
service from within the geographic numbering range you wish to order and should you should register an
account with DWD Telecoms from an address covered by the number range. Failure to do this may result in
the loss of your number.
Customers are responsible for the security and integrity of their own systems and network infrastructure.
When contacting our customer services department you will be asked for your account number and the last
three digits of your pass our customer services stall will never ask for your full password by email or any other
method of communication so you should never disclose it.
Customers are required to keep their user details safe and secure and are responsible for security and
integrity of their own local network and email addresses.
The Customer agrees to use all DWD Telecoms Services and facilities, and any information obtained through
or from DWD Telecoms, at Customer’s own risk. Customer acknowledges and understands that neither DWD
Telecoms, nor any of its employees, representatives, agents or the like, warrant that the Services offered or
provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation
as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content
of any information service or merchandise contained in or provided through the Service, unless otherwise
expressly stated in this Agreement. DWD Telecoms specifically disclaims all warranties of any kind, including,
without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or
implied, for the Service it is offering or providing hereunder.

7. Limited Liability

Under no circumstances, including negligence, shall DWD Telecoms, its officers, agents or anyone else
involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third
party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or
punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service;
or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in
operations, or transmission or any failure of performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorised access to DWD Telecoms’ records, programs or
services.
DWD Telecoms further shall have no responsibility whatsoever to the Customer or any third party for the
accuracy or quality of information obtained through or in connection with its Services provided hereunder.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses, costs or causes of actions
from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise,
shall not exceed the amount which the Customer paid during the month immediately preceding the claim or
the term of this Agreement, whichever is less.

8. Indemnification

The Customer shall defend, indemnify, save and hold DWD Telecoms harmless from any and all damages,
demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys’ fees,
compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter “Liabilities”)
asserted against DWD Telecoms, its agents, its Customers, servants, officers and employees, that may arise or
result from any service provided or performed or agreed to be performed by the Customer, its agents,
employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or
assigns.

9. Termination

This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior
written notice; (ii) by DWD Telecoms, at any time, upon 20 days’ prior notice if in the sole judgment of DWD
Telecoms, The Customer breaches any material provision of this Agreement and has not cured same by the
end of the 20 days; (iii) by DWD Telecoms in the event of non-payment by the Customer as provided in
Paragraph 3 above; and (iv) by DWD Telecoms, at any time, without notice, if, in DWD Telecoms’ sole
judgment, the Customer is in violation of any terms or conditions of DWD Telecoms’ Usage Policy. Number Export charges apply to some networks. If a contract is terminated in its minimum term, early termination charges will apply. These will be calculated on request. 

10. Additional Terms And Conditions

The Customer hereby acknowledges that the Customer has seen and reviewed a copy of DWD Telecoms’
“Usage Policy” provided on the DWD Telecoms website and that the terms of the Usage Policy are
incorporated herein by reference. DWD Telecoms reserves the right to amend these terms & conditions and
the Usage Policy from time to time and the Customer shall be bound by any such amendments. The Customer
shall have the obligation to periodically visit DWD Telecoms’ Web site to review the terms and conditions and
its Usage Policy and to make certain that the Customer is in full compliance therewith. In the event of any
inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.

11. Notice

All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a
notice must be in writing. All notices to DWD Telecoms shall be delivered to its address stated below or its
email address as provided. All notices to the Customer shall be delivered to its mailing address or its email
address as provided on the Order. The parties may change their respective address by notice delivered to the
other party.
All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt
requested. Evidence of successful transmission of all notices delivered by email must be retained by the
delivering party.

12. Miscellaneous

This Agreement sets forth the entire agreement between DWD Telecoms and The Customer with respect to
the subject matter hereof and supersedes all previous representations, understandings or agreements and
shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the
parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the
remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or
assign this Agreement without DWD Telecoms’ prior written consent.
This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be
brought exclusively in English courts located in England. The parties hereby consent to submit to the
jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum.
The Customer is deemed to have agreed to this Agreement, when commencing use of any of DWD Telecoms
services.
Telephones are the lifeline of most businesses and you can’t afford to lose contact with your customers.
Arming yourself with knowledge and implementing best practice is your best protection against telecoms
fraud.
Customers are responsible for the security and integrity of their own systems and network infrastructure. The
customer is wholly responsible for the safety and security of their DWD Telecoms account and the equipment
used by them to access the DWD Telecoms network and services and must put in place such safeguards as
necessary to prevent unauthorised use.
The customer is responsible for all persons who use their username and password to access the service,
whether authorised or not. DWD Telecoms accepts no responsibility for costs incurred by the customer from
unauthorised usage of a customer’s account.
DWD Telecoms reserves the right to check the security of a customer’s equipment or devices used to connect
to its network if it reasonably believes that equipment on the customer’s network may be at risk from external
attack (hacking) or if they believe that its terms and conditions of use are not being followed.
Please see below:-

13. Customer Security Agreement

DWD Telecoms will exercise no control whatsoever over, nor have any responsibility or liability whatsoever
for, the content of the information passing through its network. DWD Telecoms shall make no effort to
validate any information passing through its network for content, correctness, usability or for any other
reason.
Taking a few simple measures to safeguard your business could save you thousands of
pounds.
· In the same way that you would never dream of using the word ‘password’ as your password, make sure
you change the security settings and passwords on your telephone system from the default or factory settings.
Do not use anything obvious either · Change voicemail and DISA (Direct Inward System Access) passwords regularly and protect them and your
access codes from un-authorised use
· Remove or de-activate any telephone system functionality you don’t need including remote access ports
· Never publish the remote access phone numbers that connect callers to your voice mail system
· Program your telephone system to disallow access after three invalid attempts, in the same way as
entering the wrong PIN at the cash machine
· Remove redundant mailboxes
· Immediately de-activate access codes and voice mail passwords of people who leave your business
· Keep an eye on your monthly phone bills for anything that looks unusual. Check them each month and
contact us with any queries straight away – fixedline@dwdtelecoms.com or 0345 3456 575
· Carry out regular audits of your telephone systems including privileges and restrictions
· Restrict access to equipment and hardware and limit users’ systems access to the minimum level it needs
to be
· Implement policies and procedures to help minimise risk
· Protect yourself with Fraud Monitor. Fraud Monitor keeps a close eye on your account throughout the
month and alerts you to any unusual activity when it happens
· If your lines are purely being used for broadband, then we would recommend placing a bar on the line to
block all outgoing calls. Please advise if you would like us to do this
· We would recommend putting an international and UK premium rate bar on the line. Please advise if you
would like us to do this
· We are able to offer some protection which will help to limit the exposure up to £500. If you would like
us to quote on this, then please contact us for more details.