ACL undertakes to provide the Customer with voice data and mobile telecommunication services where specified, to the numbers indicated on the business service agreement. ACL undertakes to exercise appropriate care in the provision, operation and maintenance of the Service.

This agreement shall come into force and effect from the date of acceptance by ACL and shall continue until:

i) determined by either party giving to the other not less than 30 days written notice, except in the  case of mobiles where the minimum term is 12months or,

ii) terminated forthwith on ACL notice of a breach by the Customer of any of the Customer’s obligations under this agreement which are capable of remedy and are not remedied within 7 days of giving such notice.

1. The Customer shall be responsible for the safe custody and safe use of the Service and any related equipment after installation of the Service and, without prejudice to the generality of the foregoing, the customer agrees and undertakes:

1. to use the Service in accordance with such conditions as may be notified to it in writing by ACL from time to time:
2. not to cause any attachments other than those approved for connections under the Act to be connected to the Service:
3. not to contravene the Act or any other relevant regulations or licences:
4. not to use the service as a means of communication for a purpose other than for which the service is provided and as may be set out from time to time in ACL’s Service literature (ACL will provide the Customer with the maximum notice practicable should there be any change to ACL’s Service literature and ACL agrees not to make any such change as would materially affect the parties obligations):
5. not to use the Service for transmission of any material which is intended to be a hoax call to emergency services or is a defamatory, offensive, abusive, obscene or menacing character:
6. not to use the Service in a manner which constitutes a violation or infringement of the rights of any other party:
7. to maintain its telecommunication apparatus at all times during the period of this Agreement in good working order and in conformation with the relevant standard or approval for the time being designated under section 22 of the Act:
8. to provide ACL with all such information as it reasonably requests relating to the Customer’s telecommunications apparatus:

1. To enable ACL to exercise its obligations under this agreement:

1. the customer shall permit or procure permission for ACL and any person(s) authorised by ACL to have reasonable access to its premises and the Service’s connection points and shall provide such reasonable assistance as ACL may request.
2. ACL will normally carry out work by appointment during normal working hours, but may request the Customer to provide access at other times but such request shall not oblige the Customer to provide such access.                                                                                                                       
3. At the Customers request, ACL may agree to work outside normal working hours and the Customer shall pay ACL’s reasonable charges for complying with such a request.
4. If the Customer requests maintenance or repair work which is found to be unnecessary, the Customer may be charged for any costs incurred by ACL. ACL will give notice prior to raising any charges.

1. ACL may at its sole discretion upon giving the Customer 14 days written notice elect to suspend forthwith provision of the Service until further notice without compensation on notifying the Customer either orally (confirming such notification in writing) or in writing in the event that:

1. the Customer is in breach of a material term of this Agreement including for the purposes of this Agreement, its failure to pay monies due to ACL on the due date
2. ACL is obliged to comply with an order, instruction or request of the Government, an emergency services organisation or other competent administrative body.

      b.    The Customer shall reimburse ACL for all reasonable costs and expenses incurred by the implementation of such suspension and for the recommencement of the provision of the Service as appropriate, but only where the suspension is implemented as a consequence of breach, fault or omission of the Customer.

1. Nothing in this agreement shall exclude or restrict ACL’s liability for the death or personal injury resulting from the negligence of ACL or of its employees while acting in the course of their employment.
2. In the event that the Service fails to operate and the Customer diverts telephone traffic to another carrier, ACL will not be responsible for that carrier’s charges.
3. Neither party shall be liable in contract tort or otherwise for any loss of business, contracts, anticipated savings or profits or for any other indirect or consequential loss whatsoever.
4. ACL’s liability in contract tort or otherwise arising out of or in connection with the performance of its obligations under this Agreement shall be limited to £5,000 for any one incident or series of incidents and £10,000 in aggregate.
5. Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without any limitation any Act of God, inclement weather, failure or shortage of power supplied, flood drought, lightening or fire, strike or lock-out, trade dispute or labour disturbance, any act or omission of Government, highways authorities, other public telecommunication operators or other competent authorities.

The Customer will be invoiced monthly by ACL and agrees to pay the invoice within 14 days of invoice date, preferably by a Direct Debit arrangement with London and Zurich PLC who will collect the amount specified on the invoice within 14 days of invoice date on behalf of ACL.

1. Where payments are not made by Direct Debit, and payment is received after 14 days, the Customer agrees to pay an additional 2% of total invoice value in addition to all other charges.
2. The Customer will be wholly responsible for all charges generated as a result of this agreement for all CLIs specified overleaf or appended to this Agreement at the instigation of the Customer.
3. Usage charges will be at ACL’s current price list as appended to this Agreement.
4. ACL intend that there will be no increase in usage charges during the term of this agreement. Should price increases become necessary the Customer will have 28 days written notification of said increase(s) to terminate the Agreement without penalty.
5. Usage charges shall be calculated by reference to data recorded or logged by ACL and not by reference to any data recorded or logged by the Customer.
6. ACL reserves the right to charge daily interest on amount outstanding 14 days after invoice date until payment in full is received at a rate equal to 5% per annum above the Lloyds Bank Plc Base lending Rate as current from time to time, whether before or after judgement is obtained. All costs incurred in recovering outstanding monies shall be borne by the Customer and interest will continue to accrue notwithstanding termination of this agreement.
7. All sums referred to in the Agreement are exclusive of the Value Added Tax and any taxes of a similar nature which may from time to time be introduced.

1. Notwithstanding anything to the contrary expressed or implied in this Agreement, either party (without prejudice to its own rights) may terminate this Agreement forthwith in the event that a liquidator (other than for the purpose of reconstruction or amalgamation), trustee in bankruptcy, administrator, receiver and manager is appointed in respect of the whole part of the assets and/or undertaking of the Customer enters into an arrangement or composition with its creditors, or if the Customer becomes unable to pay its debt, within the meaning of section 123 of the Insolvency Act 1986, or other circumstances arise which entitle a court or creditor to appoint a receiver or administrator to make a winding up order.
2. Not withstanding anything to the contrary expressed or implied in this Agreement ACL (without prejudice to their own rights) may terminate this Agreement forthwith in the event that any license under which the Customer has the right to run its telecommunication system and connect it to the Service is revoked, amended or otherwise ceases to be valid.
3. If the customer wishes to cancel this agreement in whole or in part, ACL will agree to accept such cancellation upon the basis that the customer shall reimburse ACL for any costs involved relating to credit checking, provision of service, and any costs incurred by ACL in the provision of any equipment including automatic pre-fix dialling apparatus.

1. This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other agreements and representations made by either party, whether oral or written and this Agreement may only be modified if such modification is in writing and signed by a duly authorised party thereto.
2. Failure by either party to exercise or enforce any right conferred to this Agreement shall not be deemed to be a waiver of any such right not to operate so as to bar the exercise or enforcement thereof or of any other rights on any later occasion.
3. By signing the form Overleaf the Customer thereby agrees to the total exclusion of all its terms and conditions of business from this Agreement.
4. Any notice, invoice or other document which may be given by ACL under this Agreement shall be deemed to have been duly given if left at or sent by post to an address to which notices, invoices or other documents may be sent, or the Customer’s usual or last known place of abode or business, or if the Customer is a limited company, its registered office. ACL’s address for the Service of any notice by the Customer under this Agreement shall be such address as ACL shall prescribe for that purpose.
5. ACL shall be entitled for operational or technical reasons to share information about your account with other parties of ACL to assist in the management of your account.
6. This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the jurisdiction of the English courts.
7. Any Director or representative of a limited Company who signs on behalf of the Customer will be deemed an authorised signatory and thereby guarantees the Customer’s acceptance of its obligations under this Agreement.