Terms of use

1. DEFINITIONS

The following terms used in these terms and conditions shall have the meanings given to them below:

1.1 ‘This Contract’ means the contract for the supply of the Services which the Customer enters into with HQ TELECOM and which includes these terms and conditions.

1.2 ‘HQ TELECOM’ means HQ TELECOM company, registration number 04792871 registered at Unit D4, Braintree Road, Ruislip, HA4 0EJ.

1.3 ‘Customer’ means the person or body corporate contracting HQ TELECOM to supply the Service(s) under this Contract.

1.4 ‘Service’ or ‘Services’ means the supply, connection and provision of the Services and equipment as indicated in this Contract.

1.5 ‘Minimum Notice’ means the notice of termination so prescribed for the relevant Service.

1.6 ‘Minimum Period’ means the minimum period for the supply of the relevant Service, where relevant.

1.7 ‘Numbers’ means telephone numbers allocated to the Customer as part of a Service by HQ TELECOM.

1.8 ‘Prices’ means the prices for the relevant Service as amended by HQ TELECOM from time to time; 30 days prior written notice shall be given to the Customer of any amendments in Charges.

1.9 ‘Call Charges’ means the sums payable by the Customer for telephone calls made (or, as the case may be, for telephone calls received) by the Customer in using the Service and all other charges of a periodical nature made in pursuance of this Contract and to which the Customer has agreed.

1.10 ‘Additional Charges’ means any other charges not included in the Call Charges, which the Customer agrees, is liable to pay under this Contract, such other charges being deemed part of the Price List for purposes of amendment.

1.11 ‘Call Credits’ means any rebate payable to the Customer by HQ TELECOM for telephone calls received (or, as the case may be, for telephone calls made) by the Customer in using the Service.

1.12 ‘Credit Limit’ means the credit limit agreed between HQ TELECOM and the Customer in this Contract.

1.13 ‘Equipment’ means any equipment or products (including Single or Multi-line diallers, Call loggers or Bill and Call Analysis software) supplied by HQ TELECOM to the Customer as part of the Service.

1.14 ‘Rented Equipment’ means any equipment that remains the property of HQ TELECOM which is provided for the customer’s use.

1.15 ‘Property’ means the Customer’s Property at which any Equipment shall be installed (and programmed) if necessary and/or the Service provided.

2. PROVISION OF THE SERVICE

2.1 HQ TELECOM shall provide the Customer with the Services, and the Customer shall pay the Call Charges and Additional Charges, and HQ TELECOM shall pay the Call Credits as appropriate.

• 2 HQ TELECOM does not warrant that the Services are, or shall be, provided continuously or that the Services are or will be free of any faults.
• 3 The Service shall be exclusive to HQ TELECOM for network call charges associated with the lines specified in this agreement for the duration of the agreement.
• 4 The Service shall be exclusive to HQ TELECOM for calls made from the site(s) outlined within this agreement, except for calls which may occasionally require BT override. Other lines and calls are excluded where they are installed for Security and Fire protection.
• 5 Should the organisation move to new premises, this agreement shall remain in place for the remainder of the term.
• 6 HQ TELECOM will connect customers when requested, without terms and conditions being signed by the customer.
• 7 HQ TELECOM terms will be provided by recorded post or via e-mail with read receipt. Customers will then be provided with network Services with the HQ TELECOM Terms and Conditions effectively in place.

3. EFFECTIVE DATE AND TERM
   • 1 This Contract shall have full force and effect from the date on which this contract is signed.
   • This agreement, subject to condition 9 shall continue to be in full force and effect for a Minimum Period of 24 months. It shall continue for subsequent 12-month periods, unless and until terminated by either party giving to the other not less than 90 days’ notice in writing.
   • 2 HQ TELECOM’s offer is based on the Customer fulfilling the Minimum Term per Connection: The Minimum Term per Connection is 24 months from the Service Commencement Date for each Connection.
   • 3 If the Service involves installing equipment at more than one site, the minimum period will start on the Service start date of the first site equipment is installed at, unless the special terms say otherwise.
   • 4 This minimum period may be increased if the parties agree that a greater minimum period shall apply, as set out on the HQ TELECOM order form.
   • 5 The Service will be provided in the United Kingdom.
4. CUSTOMER’S ADDITIONAL OBLIGATIONS
   • 1 The Customer undertakes to comply with all reasonable instructions given by HQ TELECOM relating to the Service and not to use the Service for any purpose which is improper, unlawful or offensive or in any manner which constitutes a violation or infringement of any act or regulation or of any duty or obligation of HQ TELECOM, statutory or otherwise, to any third party. See HQ TELECOM’s Acceptable Use Policy.
   • 2 The Customer undertakes to notify HQ TELECOM immediately the Customer discovers or becomes aware of the possibility of any fault in any of the Services.
   • 3 The Customer warrants that this contract is entered into in the course of the Customer’s business and not as a private individual.
   • 4 The Customer undertakes to give over to HQ TELECOM free of charge and in full cooperation any information reasonably required by HQ TELECOM in order to fulfil its obligations under this Contract.
   • 5 If required PAC codes are not received within this period, new telephone numbers will be issued.
   • 6 The Customer shall give permission to enable access by HQ TELECOM or its nominees, representatives or agents to any Property where such access is reasonably required by HQ TELECOM in order to fulfil its obligations under this Contract.
   • 7 HQ TELECOM will only provide the Service if our survey (or that of the relevant third party) of the site is satisfactory.
   • 8 Should the Customer demand that access given in accordance with condition 4.5 falls outside normal working hours, then the Customer shall reimburse HQ TELECOM for any reasonable extra expense incurred in complying with such requests.
   • 9 The Customer will return any rented equipment to HQ TELECOM upon request or upon the agreement concluding, or the equipment no longer being required.
5. EQUIPMENT
   • 1 Where HQ TELECOM is supplying Equipment to the Customer as part of the Service, any specified delivery date shall be treated as an estimate only and shall not be a term of this Contract. HQ TELECOM accepts no liability for failure to meet any delivery date.
   • 2 Wherever necessary, HQ TELECOM or its nominee representative or agent shall install the Equipment at the Property. HQ TELECOM shall not be liable for any loss, damages or expenses due to any installation or programming, including reprogramming of least cost routing software if carried out by a person other than its nominee representative or agent.
   • 3 The Equipment shall always remain HQ TELECOM’s property. The Customer shall not let, sell, charge, assign, sub-license, allow use by a third party of, or otherwise encumber the Equipment in whole or in part in any manner whatsoever and shall not prejudice HQ TELECOM rights in such Equipment in any way.
   • 4 The Customer shall be responsible for the Equipment whilst it is in the Customer’s custody and shall notify HQ TELECOM immediately of any faults, which occur, any repairs, which become necessary or of any loss or damage to the Equipment. The Customer shall indemnify HQ TELECOM against any loss or damage to the Equipment.
   • 5 Subject to condition 4.6, HQ TELECOM will use its reasonable endeavours to carry out all repairs to the Equipment, which become reasonably and properly necessary to maintain the Service, during normal working hours and without charge to the Customer. Still, HQ TELECOM reserves the right to carry out repairs to the Equipment outside normal hours (Customers demanding out-of-hours Service are dealt with in the general right of entry at condition 4.6).
   • 6 The Customer undertakes not by itself, its agents or its servants or otherwise to carry out any repairs, alterations, modifications or maintenance or make any additions or attachments to or otherwise alter the Equipment without the prior consent of HQ TELECOM.
   • 7 HQ TELECOM shall not be responsible for faults arising or repairs necessary where such faults arising or necessity of repairs results from: –
     
     5. Breach of condition 5.6.
     6. The Customer’s negligence or default.
     7. Failure by the Customer to use the Service in accordance with this Contract or any reasonable or necessary introduction by HQ TELECOM.
     8. Any act, omission or fault associated with a telecommunications system other than that of HQ TELECOM.

• Or any other cause beyond the reasonable of HQ TELECOM.

• 8 The Customer shall be responsible for obtaining and, where appropriate, paying for all necessary licences, consents and approvals required by third parties and for the installation and use of Equipment.
• 9 The Customer undertakes that any telecommunications equipment supplied or used by the Customer in conjunction with the Equipment is in good working order and complies with all applicable legislation and standards.
• 10 Any programming of the local exchange to set up CPS for the customer will be carried out by a third party (typically BT). Any issues with this should be raised to BT directly by calling 152 (business helpline).
• 11 All completion dates issued by HQ TELECOM Limited are estimated only and we will not be held liable for any costs incurred should the timescales not be met.

6. PAYMENTS
   • 1 The Customer undertakes to enter into a monthly payment agreement with HQ TELECOM for the payment of the Call Charges and Fixed Charges.
   • 2 Unless otherwise agreed, the Customer shall be invoiced monthly in arrears in accordance with the billing cycle notified to it by HQ TELECOM for all Call Charges, and in advance for the fixed charges under this Contract plus value-added tax.
   • 3 HQ TELECOM will estimate the costs for installing and connecting the Service, and those estimated costs will be covered by charges set out in the order form. If when a survey is carried out, the survey
   • indicates that there will be extra costs (above the estimated costs) to provide the Service; when installing and connecting the service, something is discovered which was not highlighted by the
   • survey, and this results in there being extra costs (above the estimated costs as confirmed or as changed as a result of any extra costs arising from the survey); or when installing and connecting the Service, you or the landlord of your site asks to (and we agree to) make a change to the Service, and this results in there being any extra costs; the Customer will be advised.
   • 4 In these circumstances HQ TELECOM can, after giving written notice, increase charges by the amount of the extra costs. The Customer will have the right to cancel the agreement by giving written notice within seven days of receiving the written notice. There may be a cancellation charge if the Customer exercises this right to cancel. If the Customer does not exercise this right to cancel, the Customer must pay the increased charges.
   • 5 HQ TELECOM may increase charges or make new ones:

1. Increase the rental and increase or introduce other recurring charges after the end of the minimum period.
2. Prices will rise by3.9%+ inflation. Under the new terms, HQ Telecom has written into contracts that it can increase the price of airtime each year, by 3.9% plus the retail prices index (RPI) measure of the rate of inflation in January (this is usually announced in February).

• 6 HQ TELECOM may reduce charges at any time without giving notice, and this would not give the right to end the agreement.
• 7 Time of payment of all sums due to HQ TELECOM under this Contract shall be of the essence. If payment in full is not received by HQ TELECOM by the due date, HQ TELECOM shall be entitled at its sole discretion:
  1. To suspend the Service forthwith until payment in full has been received, including any interest payable.
  2. To charge daily interest on the amount due at the rate of 3% per month on any unpaid overdue balance until such amount is paid in full. And no later than two months after the date of the invoice/statement. Upon receipt of a credit statement, the Customer is to send an invoice for the sum stated to HQ TELECOM for payment.
• 8 If the Customer’s Call Charges exceed the Credit Limit, the Customer’s Services may be suspended, and HQ TELECOM shall have the right to demand immediate payment of the full amount owing, including any money in excess of the Credit Limit (HQ TELECOM will use its reasonable endeavours to give Customers advanced warning of a breach of their Credit Limit during any particular month. However, HQ TELECOM gives no warranty or assurance that it will ensure that such a warning shall be given).
• 9 All Call Charges payable under this Contract shall be calculated by reference to data recorded or logged by HQ TELECOM or their nominee and not by reference to data recorded or logged by the Customer.
• 10 HQ TELECOM shall be entitled to charge an Extra Charge for any Equipment supplied to the Customer in the event that this Contract is terminated for any reason (other than a breach of this Contract by HQ TELECOM) within the Minimum Period.
• 11 All charges relating to any number provisioning shall be payable before this Service is provisioned unless otherwise agreed in writing.
• 12 Any other charges shall be payable within the strict timescales laid out in the side agreement applicable for such Services.
• 13 All payments from the customer should be via Direct Debit unless stated in writing by HQ TELECOM and attached to the acceptance document.

7. LIABILITY AND INDEMNITY
   • 1 Subject as expressly provided in this Contract all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
   • 2 The Customer expressly affirms that it is not relying on any warranty, condition or representative not contained in this contract.
   • 3 HQ TELECOM’s entire liability and the Customer’s sole remedies in respect of any Default (defined in condition 7.4 herein) shall be set out in this condition 7.
   • 4 The Customer’s remedies against HQ TELECOM for any Default shall be limited to damages.
   • 5 Subject only to condition 7.4, HQ TELECOM aggregate liability to the Customer for damages in respect of negligence, breach of contract, tort, misrepresentation or any other legal liability in connection with or related to the subject matter of this Contract (‘Default’) shall in no circumstances exceed £1,000 in respect of any one incident or £2,000 in respect of a series of incidents arising from a common cause whether successive or concurrent.
   • 6 HQ TELECOM does not exclude or limit liability for death or personal injury arising from the negligence of HQ TELECOM, their employees, agents and authorised representatives.
   • 7 In the event of any failure in the Service which, using its reasonable endeavours, HQ TELECOM could not have prevented, HQ TELECOM shall not be liable to the Customer for any charges incurred by the Customer should the Customer divert its voice and/or data traffic, as applicable, to another carrier.
   • 8 When providing the Service, HQ TELECOM will use the reasonable skill and care expected of a competent electronic communications Service provider. However, providing the Service entirely free of faults is practically impossible, and we do not guarantee to do so.
   • 9 HQ TELECOM will only accept liability for direct damage to the Customer’s physical property where such damage results from the proven negligence of HQ TELECOM in the performance of this Contract up to a limit of £1,000 in respect of one incident or £2,000 in respect of a series of incidents arising from a common cause whether successive or concurrent.
   • 10 Subject only to condition 7.4, HQ TELECOM shall not, in any event, be liable for any indirect, consequential, incidental or special damages or any loss of profits, revenue, goodwill or anticipated savings whether sustained by the Customer or any other party even if advised of the possibility of such loss or damages.

7.11 The Customer agrees to indemnify and hold harmless the Wholesale Provider and its parent, subsidiaries, affiliates, officers and employees from any claim or demand whatsoever, including any made by a third party, arising out of the User’s use of the Service or any interference with the Intellectual Property Rights.

7.12 The Customer agrees not to hold the Provider or the Wholesale Provider or its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of the Service, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained through the Service, errors and omissions, defects, viruses, delays in transmission, interruption of Service or loss of data.

7.13 Further, the Provider and the Wholesale Provider disclaim, and the User agrees, any responsibility for the performance of its messaging or telephones Services and any other Internet sites accessible through the Service.

• 14 The minimum guaranteed download speed shall be 50% of the advertised download speed of the relevant qualifying Service on the date that your order was accepted by us / the Customer signed the contract. In respect of a speed fault, we shall have no liability to you. Therefore you will not be entitled to receive any compensation for any loss or damage suffered as a result of, or arising out of or in connection with, the speed fault.

7.15 Traffic management is not enforced on business broadband connections, but HQ TELECOM operates an Acceptable Use Policy to protect bandwidths and speeds.

7.16 Terminal equipment restrictions – unless agreed otherwise in writing, the Customer must not connect more than 30 (or any other number stated in the order form) devices, such as personal computers, to the equipment.  If you break this clause,  we will be entitled to end the agreement.

8. CUSTOMER LIABILITY
   • 1 The Customer undertakes to indemnify and hold harmless HQ TELECOM and its wholesale providers against all liabilities, claims, damages, losses, costs and proceedings arising in connection with the Customer’s breach of its undertakings under this Contract (including but not limited to undertakings under Conditions 3 and 4 hereof).

9. TERMINATION
   • 1 Without prejudice to the rights of the parties under this Contract, either party may terminate this Contract forthwith in the event that: –
     • The other party is in default in its performance or observance of any of its obligations under this Contract or any other agreement between the parties and, in the case of a remediable breach, fails to remedy the breach within a reasonable time specified by the non-defaulting party in its written notice to do so; or
     • An interim order is applied for or made, a petition for a bankruptcy order is made, or a voluntary arrangement is approved, or an administration order is made, or a receiver is appointed in respect of any of the other party’s assets or a resolution or a petition to wind up the other party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation), or if any circumstances arise which entitle a Court or a creditor to appoint a receiver, an administrative receiver or an administrator, or to present a winding up petition or obtain a winding up order.
   • 2 Without prejudice to its other rights, HQ TELECOM shall have the right to terminate this Contract forthwith in the event that: –
     • The Customer fails to make any payment when it becomes due;
     • The Provider of the Services ceases to hold a licence granted to it pursuant to section 7 of the Telecommunications Act 1984, or any other requisite licence;
     • The Customer fails to use the Service for at least three months – after the minimum period has elapsed; or Any other circumstances outside the control of HQ TELECOM prevent the continuing supply of the Service including, but not limited to, any licence held by the Customer ceasing to be valid.
   • 3 If either party terminates the Agreement for any reason, then all sums due under this Contract shall become immediately due and payable by the Customer.
   • 4 In the event of termination of this Contract by either party for any reason, including if the Customer fails to give notice of termination in writing, HQ TELECOM shall be entitled to recover from the Customer all Equipment or the cost thereof as appropriate, including but not limited to the cost of removing the Equipment from the Property, and except in the event of termination by the Customer under condition 9.1 above all liabilities, claims, damages, costs, losses and expenses incurred by HQ TELECOM.

10. SUSPENSION OF SERVICE

10.1 Notwithstanding Conditions 6.4 and 9 above, HQ TELECOM may at its sole discretion, elect to suspend the provision of the Service forthwith until further notice without liability to HQ TELECOM on notifying the Customer either orally (confirming the same in writing by email or SMS or by post)) or in writing (by email or SMS or by post) in the event that: –

• The Customer is in breach of any term of this Contract;
• The Customer delays necessary or pre-arranged maintenance or prevents it from being carried out; or
• The Customer is suspected, in HQ TELECOM’s reasonable opinion, of involvement with fraud or attempted fraud in connection with using the Service of this Contract.

11. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

11.1 All intellectual property rights subsisting in the Numbers shall remain the property of HQ TELECOM or its licensor.  HQ TELECOM grants to the Customer a non-exclusive and non-transferable licence to use the Numbers provided that at the termination of this Contract, any extra Intellectual Property which may have accrued in the Numbers (which shall include any goodwill) shall be deemed to be assigned to HQ TELECOM or its licensor.

11.2 All intellectual property rights subsisting in the Equipment (including any software which forms or is part of the Equipment) provided by HQ TELECOM shall remain the property of HQ TELECOM or its licensor.  HQ TELECOM grants to the Customer a non-exclusive and non-transferable licence to use the software in or which forms or is part of the Equipment solely for the operation of the Equipment under this contract.

11.3 On termination of this Contract for any reason, any software licence granted to the Customer under this Contract will terminate.  The Customer agrees that it will return or destroy, at HQ TELECOM’s request, and erase all copies thereof from its computer equipment, the software that forms the Equipment or part thereof.  On request by HQ TELECOM, the Customer will certify that it has complied with the provisions of this clause.

11.3. The Customer shall not reproduce, own nor allow any third party to use, nor modify the software.

11.4 HQ TELECOM does not warrant that any software supplied to it forming the Equipment or part thereof, will be free from defects or fit for any purpose except that described on any accompanying documentation nor does it make any representations or warranties concerning the compatibility of the software with the Customer’s own computer equipment.  HQ TELECOM shall not be liable for any loss or damage incurred by the Customer due to any defect in the software.  The sole liability of HQ TELECOM in respect of any defects shall be for HQ TELECOM to use its reasonable endeavours to procure that its own licensor provides correction of documented program errors not caused by a breach of Clause 4 by the Customer, its employees or agents.  HQ TELECOM’s obligation to procure correction of such program errors shall cease after 90 days from the Effective Date.

11.5 HQ TELECOM shall provide the Customer with updates whenever available to any software supplied which forms the Equipment or part thereof and reserves the right to charge the Customer a reasonable fee for such updates.

11.6 Copyright in all documents and information supplied to the Customer under this Contract shall remain vested in HQ TELECOM or the copyright owner.

11.7 All documents, drawings and information supplied by HQ TELECOM are confidential. They cannot be copied, disclosed or used except for the purpose for which they are supplied, without the prior written consent of HQ TELECOM.  The Customer shall ensure that its employees comply with the obligations of this clause 11.6.

12. GENERAL

12.1 This Contract and all rights, benefits and obligations under it may be assigned in whole, or in part, by HQ TELECOM without reference to the Customer.

12.2 This Contract with its rights, benefits and obligations under it may only be assigned in part, or in part, by the Customer with the prior written consent of HQ TELECOM.

12.3 This Contract represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral and unless otherwise stated in this Contract, this Contract may only be modified if such modification is in writing and signed by HQ TELECOM and the Customer.

12.4 Failure by either party to exercise or enforce any right conferred by this Contract shall not be deemed a waiver of any such right nor operate to bar the exercise or enforcement thereof, or any other right on any later occasion.

12.5 Neither party shall be held to be in breach of its obligations under the Agreement save for obligations to make payments under the Agreement, nor liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond the reasonable control of the parties including but not limited to any act of God including weather failure, shortage of power supplies, flood, drought, lightning, fire, lock-out, trade dispute or labour disturbance, act or omission of Government highways, authorities, other telecommunications operators or other competent authority war military operations or riot.

12.6 Any notice, invoice, or other document to be given under this Contract may be given by either party only by posting or via e-mail to the other party at the address notified by such other party in writing as the address to which notices, invoices and other documents may be sent.

12.7 HQ TELECOM Terms and Conditions of the provision of Services may change from time to time. Customers will be provided with updated terms and they will be considered binding upon receipt of them being read and acknowledged by the authorised customer representative.

12.8 This Contract shall be governed by and construed and interpreted in HQ TELECOM accordance with English law, and the parties hereby submit to the non-exclusive jurisdiction of the English Courts

12.9 Conditions 5, 6, 9, 10, 12 and 13 shall survive termination or expiry of this Contract.

12.10 Any provisions of this Contract which is declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions of this Contract which shall continue unaffected.

13. NETWORK SERVICES

13.1 Network Services shall be one or more of the Teleservices provided by HQ TELECOM from time to time, including but not limited to CPS, LCR, Provision of SIP and VOIP, Provision of Internet Access Services including FTTC, FTTP and Leased Lines, also routing of non-geographic numbers, network-based call recording, the following shall apply: –

13.2 If the Customer terminates this Contract within the Minimum Period, any Call Charges, Rental Charges or other Charges which would have otherwise been payable to the end of the Minimum Period shall become immediately due and payable. For the avoidance of doubt, the average monthly call and other charges of the previous 3 months of full use will determine the monthly and weekly call commitment for the subsequent period.

13.3 The customer is contracting to HQ TELECOM for the exclusive routing of telephone call traffic for the site or sites determined in this agreement. If the customer employs a competitor to HQ TELECOM for the provision of call services then this shall be considered a breach and HQ TELECOM would seek to remedy this or termination in line with clause 9.

13.4 The Customer acknowledges that any telephone number used by the Customer as part of the Service does not belong to the Customer and no rights shall be acquired by use of it, nor any attempt made to apply for registration of the same as a trade or service mark by the Customer.

13.5 Unless otherwise specified within the HQ TELECOM proposal or Schedule, Migration away from another service provider’s provision of exchange line services shall be an integral component of HQ TELECOM billing solution.

13.6 The customer accepts there may be downtime during the migration to HQ Telecom.

13.7 HQ TELECOM shall be entitled, for operational or technical reasons or in order to comply with any numbering scheme or other obligation by any competent authority, to withdraw or change any telephone number or code or group of numbers or codes allocated to the Customer, provided that HQ TELECOM gives the Customer the maximum period of notice in writing thereof practicable in the circumstances.

13.8 The Customer shall give HQ TELECOM no less than 30 days notice in the event that an above-average increase in the usage of any services based on volume or time limits reaches the maximum allowance of the Customer’s Price Plan in any part of the Service is likely to occur. If notice has not been served and service levels degrade, then HQ TELECOM shall not be deemed liable for the deterioration in service levels.

13.9 HQ TELECOM will take the following security measures to protect Customer data in the event of a security breach:

1. Implement appropriate technical and organisational measures to protect personal data from accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access (a data breach).
2. When HQ TELECOM becomes aware of a data breach, we notify the customer without delay. We will make reasonable efforts to identify the cause of the data breach and take steps to mitigate it.

14 ENTIRE AGREEMENT

14.1 This agreement contains all the terms agreed between the parties relating to its subject matter. Where you fail to pay for our issued invoices encompassing all charges/services, whether for the use of Mobile, VOIP, Fixed Line Calls, Wholesale Line Rental, Leased line, Broadband or any invoiced item. While the Service is suspended, You are liable for all charges that become due under the Contract prior to and during the period of suspension as well as any other losses suffered by Us as a result of any breach of the Contract by You including loss of profit, consequential loss and legal fees.

14.2 These conditions are available electronically and in larger font size upon request.