This Contract sets out the Terms & Conditions on which Simton agrees to provide services (“Service”) to you. The contract commences on the date that Simton first accepts your order. This Contract sets forth the Terms & Condition on that Simton accepts to provide Services and /or Products to you .This Contract begins on the date that Simton first accept your purchase order.

The expressions “Simton”, “we” ,”us” and “our” indicate Simton which is a Maxteleco registered trademark with registered offices at 3 Accommodation Road. London United Kingdom NW11 8ED. The terms “you” and “your” indicate you the Customer, the term “Charges” indicates the charges for and relating to our Service and Products, in accordance with the Contract. The term “Products”, refers to products as defined on a href="http://www.simton.co.uk/">www.simton.co.uk

The terms “you” and “your” indicate you the customer, the terms “Charges” indicates the charges for and related to the Service and Products, as applicable in accordance with the Contract.

The term “products”, refer to products, defined in www.simton.co.uk through mutual Contract under the terms of this Contract.

1. Essential Service Information

1.1: By signing up to this Contract you acknowledge and consent that the service is pre-configured to access emergency call services by using a local PTSN Line which been connected to Simton devices . This will be the responsibility of your administrative office to ensure fully operational 999/112 access.

2. Use of the service

2.1: You agree that you will utilize our Service in accordance with such instructions as we may notify to you and in accordance with any applicable laws and regulations in the UK. You are responsible for all activities and usage of the Service and for any breaches of this Contract that may result. It is your responsibility to make sure that the Service is not used, either you or by anyone else, for any unlawful or fraudulent purposes.

2.2: You undertake not to use the Service nor allow others to use the Service:

2.2.1 To convey a message which is defamatory, abusive, obscene, unpleasant, threatening or otherwise criminal in nature or in breach of any copyright, privacy or any other rights; or

2.2.2 In a way that in Simtons’ reasonable opinion might affect the performance of the Service and/or Products supplied by us either deliberately or due to malfunction.

2.3: All information presented by you must be true and accurate.

2.4: You consent that Simtons’ service is for your business use only and that you will not without our prior permission in writing re-sell or re-supply the Service and/or Products to others for money’

2.5: You consent to notify us straight away by calling Simton customer support if the Product used to access the Service is stolen or if you become aware of any unauthorised use of the Service. Failure to do so may result in you being accountable for any losses occurring as a result of such unauthorised use and suspension or termination of your Service.

2.6: You must not reconfigure or interfere with any products provided to you for the purpose of accessing the Service and/or Products. In the case if you do so, Simton reserves the right to withhold support and suspend or terminate the Service.

2.7: The Product should be kept and used in strict accordance with instructions issued by the manufacturer or us and should not be used in conjunction with other products not approved by the manufacturer or us. You are only allowed to use the Products to connect to the Simton network.

2.8: You will not share your account with any unrelated person ('unrelated' being persons outside your own household or organisation). Where you authorise another related party to use your account, you are liable for their usage of your account.

2.9: If you give your account details to any third party, you are responsible for any use or abuse they might make of that information, for example the use of any calling credit.

2.10: If the Service is affected or unavailable other than due to our fault you will continue to be billed for the Service.

2.11: If using any call diversion (forwarding) facilities you must ensure that any third party is aware that you are forwarding calls to them.

2.12: You must keep your service password confidential and inform us immediately of any suspected breach of its confidentiality.

3. Termination of Service

3.1: We can terminate the services upon notifying you by email if you breach or are suspected of breaching this Contract and fail to remedy the breach within a reasonable time specified in a written notice from us to do so.

3.2: We will terminate your services if you make an arrangement with your creditors: a) you commit an act of bankruptcy, b) someone brings a petition, c) receiving order or administration order against you to make you bankrupt, d) you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets. We may also terminate this Contract if we assume any of the above things may happen.

3.3: We can terminate this Contract if any regulatory amend touching our facility to offer the Service is established, including but not limited to any authorisation or licence under which we provide the Service expiring or being revoked.

3.4: We may terminate this Contract at any time without liability to you if any underlying arrangement with other operators or suppliers is ended.

3.5 On termination of this Contract for whatever reason you must co operate with Simton, upon Simtons’ request, in the removal of any Products and the re programming of your telephone system if needed within the normal working hours of Simton.

4. Suspension of Service

4.1: Without prejudice to our rights to terminate this Contract, we may suspend the Service if we reasonably believe you are in violation of any term of this Contract.

4.2: We may also suspend the Service if we are obliged to comply with an order, instruction or request of government or other competent authority including without limitation OFCOM.

4.3: We suspend the Service If you fail to remit any payment when it is due to Simton.

4.4: We may suspend the Service If you prevent or delays pre-fixed maintenance from being carried out.

4.5: We will suspend the Service if in Simtons’ reasonable opinion we find association with fraud or attempted fraud or acts which are of a defamatory, offensive, abusive, or obscene nature with use of Simtons’ Service.

4.6: We will suspend the Service if Simton requests to carry out emergency works for the provision of the Service and/or network.

4.7: You must pay to Simton all reasonable costs and expenses incurred by Simton as a result of suspension of the Service which is a consequence of any violation, fault or omission of the Customer hereunder and any costs and expenses incurred in connection with reconnection of the Service, as may be applicable.

4.8: Simton may carry on billing you during the period the Services are suspended.

5. Cancellation

5.1: Simton invoices and statements include a fixed amount plus monthly bills based on customer usage in regular monthly sequences beginning from the date on which Simton agrees to your order and ending on the day before the same date in a following month ("Billing phase"). If you wish to cancel this Contract in full, or to cancel some but not all of your lines and other features of the Service, for any reason you must either:

Telephone us by calling 0208 965 9999(or such other telephone number as may be posted on our web site from time to time). The telephone notice of cancellation should be received no later than 5 working days before the end of the then current Billing Phase otherwise cancellation will not become effective until the end of the next following Billing Phase. Simton will send you confirmation of your cancellation by email. A working day does not include Saturdays, Sundays or any public or bank holiday in the United Kingdom;

or

Complete a form by logging on to your account at www.Simton.co.uk and if we can’t resolve the problem with you directly, you will be issued with an RMA number. You then have 14 days to return the goods to the address you are provided with. Once we have received the item, we'll issue a refund for the product. All equipment must be returned complete and in its original packaging and in an "as new condition". Please note you cannot return equipment to our registered address as this, building is not permitted to receive packages for security reasons. Please note if we do not receive a cancellation of order request before the product is dispatched, then you must meet any return postage or courier costs. Also we will not issue a refund if the product is sent back to us more than 14 days later than original delivery date to the Customer.

5.2: You will be charged with a set up fee and any applicable disconnection fee for each line respectively and any other Service feature disconnection and you will be responsible for paying all charges under the applicable call plan without limitation including unbilled charges and other charges that may become due.

5.3: Simton will only waive the applicable disconnection fee if:

A line or other Service feature is disconnected after 1 year following the activation date. Provided you have not used the services following any amends as explained in Section 6, if these amends are a significant loss to you, you may end this Contract (with exceptions due to legal or regulatory reasons). However, you will be liable for all charges due up until the date of the cessation.

5.4: If ‘call credit' is purchased to call a PSTN, this will be non-refundable and cannot be transferred to another user (account). Unused credit expires after 6 months, so we advise only purchasing call credit which you plan to use it within the timeframe and making sure that you purchase it on the right account (if you have more than one account with us ). No refunds will be given on cancellation for pre-paid calling credits, or any of our monthly services.

6. Charges & Payment

6.1: Provision of the Service is conditional following receiving all fees and charges applicable to the Service in connection with this Contract. Simton publishes all call plans, fees, prices and charges such as activation fees, shipping fees, number change fees and applicable disconnection fees at www.Simton.co.uk.

6.2: The Charges for the Service shall be as stated in the Order. All Charges are exclusive of VAT and are subject to change in accordance with clause 7.

6.3: Rates published in advertisements promotional tariff sheets are shown on pence per minute. Call charges will be rounded up to the nearest pence per minute before VAT is applied.

6.4: If payment is by credit card, Simton reserves the right at any time to stop accepting credit cards from one or more issuers.

6.5: You accept to inform us immediately, if the details of your credit or debit card changes. Failure to do so may lead to suspension or termination of the Service. You will be charged a fee of £1.50 per month for payment of the Service by methods other than Direct Debit.

6.6: Your first order for the Service gives us permission to charge your debit or credit card. The authorisation will stay valid until 30 days after we receive your written note to end Simton's authority.

6.7: We may emend the payment terms, for example, if you do not reimburse your bills on time.

6.8: You must notify us in writing within 7 days after the date of your debit or credit card statement if you dispute any Simton’s charges. Please email us on billing@Simton.co.uk.

6.9: Simton may impose a credit limit on your account and Simton may charge your debit or credit card for the full sums of charges incurred and offset the sum credited against the full sums of charges due at the end of the Billing Period.

6.10: Simton may suspend/ terminate the Service performing reasonably, if you fail to make any payment when it is due. You should pay all amounts due in full and you cannot set off, deduct or refuse to give any part of any amount you owe us. Simton reserves the right to charge for administration costs incurred in recovering any amount you owe Simton and Simton reserves the right to employ debt collection agencies to collect your debt.

6.11: All subscription charges will be billed monthly in advance.

6.12: If you use the Service other than for normal and reasonable principle and contrary to usage patterns reasonably supposed of a business or residential user as the case we apply a fair usage policy to our inclusive call plans. By using the service you consent to be bound by our fair usage policy as well. Failure to do so, we may at our sole discretion either suspend the Service immediately and offer you an alternative call plan or terminate the service immediately. In the case of any termination you will be responsible for paying all charges under your applicable call plan including without limitation unbilled charges, applicable disconnection fees and any other charges which are due and payable.

6.13: If you accept a product upgrade, special offer, promotion or benefit, such as a free month of service, free installation, reimbursement, there may be a term commitment associated with the benefit you accepted. The Commitment will be included as an element of that promotion. The Commitment commences on the date you activate the new product or accept the special offer, promotion or benefit. If your Service is disconnected prior to the end of the Commitment period, you consent to pay us recovery fee in a sum equal to the difference between the price you paid and the suggested retail price of the products, service or other benefit you received at the time the Commitment period began. Recovery fees are cumulative and plus any other charges or fees you may owe us, such as any applicable disconnection fees.

6.14: Simton may amend the Services and/or the rates and fees it charges for the Services. Fees of renewal periods after initial term shall be due and owing instantly upon the first day of such renewal period.

6.15: All taxes, fees and governmental charges relating to the Services provided, other than income taxes of Simton shall be paid by you.

7. Amending the Contract

7.1: Simton reserves the right to amend to these Terms and Conditions and/or Charges by informing you in (28) days notice, unless such changes are due to legal and/or regulatory grounds, in which event the amend will be made straight away on the website without prior notice.

7.2: Should an increase in the Charges and/or amend in the Terms and Conditions leave you at a significant disadvantage, Provided you have not used the Service following any amend as explained in clause 7.1 you have a right to immediately terminate the Contract, however you will remain liable for all charges due up until the date of termination.

8.  Matters Beyond Our Control

We shall not be liable for any delay or failure to perform any of our obligations under this Contract if such delay or failure is due to a cause beyond our reasonable control.

9.  Warranty of Services & Products

9.1: We warrant that we will provide the Service with reasonable care and skill, within a practical time and very much as expressed in this Contract. Simton does not make any other promises or warranties about the Service. You accept and consent that in entering into this Contract you do not do so on the basis of, and do not rely on any representation, warranty or other provision apart from as specifically presented in this Contract and all setting, warranties or other terms implied by statute or common law are excluded to the fullest possibility authorized by law. The Product and the Service is prepared available for your own use only . Nothing in this Contract affects your legal rights.

9.2: Simton will provide a limited warranty on Products with manufacturing defects only for a period of one year from the date of Product purchased . If the Product provided by us is faulty because of manufacturing faults you should report the problem by telephoning us without delay on 0208 965 9999 (or other telephone number as may be posted on our web site from time to time) and Simton will replace the Product for you provided the faulty Product is returned to us (to an address notified to you by Simton) within a period of 28 days following the date on which the fault was reported . The faulty Product should be returned to us in its original packaging with the universal product code or bar code undamaged. All manuals, registration cards, components should be included and all requirements for use detailed in any literature supplied are complied with. You will be charged for the replacement Product(including our delivery costs) Your statutory rights are in no way affected by any of the above Terms & Conditions.

9.3: To enable Simton to fulfil its obligations under this Contract, you must permit or obtain permission for authorized representatives of Simton to access to your premises and shall provide Simton  with such rational support as Simton shall request.

9.4: Simton reserves the right to charge the Customer for all costs incurred as a result of carrying out maintenance or repair work on the Customer’s instructions which in Simton’s reasonable opinion is unnecessary.

9.5: If you damage or lose any Product that is supplied by Simton, then Simton may at its option require you to reimburse Simton for the reasonable cost of any repair or replacement of such Equipment.

9.6: If Simton has provided any Products to you for use, then the Customer shall immediately return such Product to Simton, when requested by Simton or on the expiry or cancellation of the Service or this Contract.

9.7: Simton will use its reasonable efforts to activate each Service by proposed Service start date. Nevertheless all such date(s) are estimates. Simton will not be liable to the Customer for any delay in the availability of any proposed Service.

9.8: Simton will not be liable for any loss or damage caused by any product used with the VOIP Service that Simton has not provided to you. It would not be refund for the customer CPE, if the customer ends the contract during the term.

9.9: The Customer shall take reasonable care of any Product supplied by Simton and the Customer should indemnify Simton for any theft, damage, loss, or sale of the Product apart from by normal wear and tear in the course of the correct utilisation of the Product .

9.10: Simton, or its authorised third party has the right to charge the Customer for any costs incurred as result of carrying out training , installation and set up on the Customer’s instruction.

9.11: An extended warranty is optional and can be purchased from Simton. We guarantee the Product free from defects in materials and workmanship. The warranty period covers products in normal use and environments for electronic equipment. Warranty does not extend to improper use, acts of God, or war.

10. Liability & Indemnify

10.1: You acknowledge and consent that you have no claim against us or any of our agents if you do not access the Service and the exclusions and limitations of liability in this clause 10 shall apply to all claims taking place from your use of the Service including claims against our network access providers.

10.2: Simton is not liable to you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, loss of contracts, loss of use, loss of good will, loss of business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.

10.3: In the event that Simton fails, for any reason to provide the Service or Products, we shall not be liable to you for any charges incurred by you.

10.4: Subject to clause 10.2. The total of Simtons’ liabilities arising under or in connection with this Contract whether arising in Tort, from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused shall not exceed the sum paid or payable by the Customer for the Products and/or Service in respect of which the liability arises.

10.5: The provisions of this Condition 10 shall maintain to apply notwithstanding termination or expiry of this Contract.

10.6: You will indemnify Simton from and against any and all costs, demands, expenses, (including reasonable legal fees), claims, and actions arising from or related to any breach of this Contract or any misuse of the Service or Products.

11. Privacy Policy

We comply with all applicable data protection laws in the UK (Data Protection Act 1998). By entering into this Contract you confirm that you have read and understood Simtons’ Privacy Policy and you agree to our using your data as detailed in our Privacy Policy.

"Personal Information" includes any information which can identify an individual, presented in any form, such as: name, address, income, credit references and records, ethnic origin.

Simtons’ Privacy Policy expresses our approach to complying with the Data Protection laws that apply in the UK, and applies to the collection of your Personal Information via the Site.

11.1: To assist improve Simtons’ Services and in the interests of security, Simton may record the Customer’s telephone calls with us.

11.2: Simton may obtain such personal information for the intentions to administer and manage its business operations and, as part of its use of such information ,we may pass your personal information to other Simton affiliates in jurisdictions outside the United Kingdom, which also provide the same level of protection for personal information as be conducted in the United Kingdom.

11.3: Simton may also, from time to time, use such personal information to identify your needs and/or preferences with details of promotions, products and services of Simton which Simton considers may be of interest to the Customer.

11.4: Simton may use such information to evaluate your financial status and eligibility for credit when operating account(s) or other-wise providing the Services.

12. Dispute Resolution

In the case of a dispute between Simton and You, You in the first instance must contact Simton direct. Full company details are shown below. In the rare case that a complaint cannot be settled between us, your complaint will be dealt with an independent Ofcom approved adjudicator.

And also CISAS set out an easily accessible dispute resolution scheme for the purpose of bringing such complaint to a satisfactory resolution.

Contact details for CISAS are as follows:

CISAS
24 Angel Gate .London EC1V 2PT

Website: www.cisas.org.uk

Email: info@cisas.org.uk

Telephone: 020 7520 3827

Fax: 020 7520 3829

You can write to us at Suite3, Rays House, North Circular Road .London NW10 7PX

You may email us on dispute@Simton.co.uk

13. Return & Repair

13.1: You should notify us of any items damaged in transit within 1 day of delivery.

13.2: Please ensure that when Simton products are delivered, if there is damage to the packaging, you sign the delivery note and declare it then.

13.3: Returns are subject to a 30% restocking fee.

13.4: Freight charges for returns will be the Customers responsibility.

14.4 Simton will not accept return of out-of-date  product past 30 days from release of new product or from the date when the Customer is notified of new product release.

13.5: Simton will not accept returns of out of date product past 30 days from release of new product or from the date when the Customer is notified of new product release.

13.6: Products will be repaired or replaced after testing by Manufacturer engineers within the warranty period. Only Manufacturer can assign RMA number for repair returns and RMA number must be secured before returning product. The customer shall pay the cost of shipping.

13.7: Your statutory rights are NOT affected in any way by our terms.

13.8: Items must always be returned as supplied with original packaging in all cases.

13.9: Please note, Proof of posting is not a receipt!

14. Provision of Information

You undertake to promptly provide us free of charge with all information and co operation that Simton may reasonably need to enable it to proceed without interruption with the performance of its obligations under this Contract.

15. Assignment

This Contract may not be assigned or transferred in whole, or in part, by you without the prior written consent of Simton.

16. Third Parties

The rights and obligations set forth in this Contract will be exclusively for the benefit of and will be enforceable only, by you as Simton Customer and Simton. A person who is not a party to this Contract has no right under the Contract (Rights of Third Parties) Act 1999 (“Act”) to enforce any terms of this Contract , but this does not affect any right of a third party which exists or is available apart from this Act.

17. Entire Contracts

This Contract represents the entire Contract and understanding between the parties in relation to the subject matter hereof and supersedes all prior Contracts, promises, covenants, arrangements, communications, whether understandings and representations, or warranties, whether written or oral except for any fraudulent misrepresentations. This Contract may only be emended if such amendment is in writing and signed by Simton and You.

18. Governing Law

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

19. General

19.1: We can record any conversations between you and Simton’s staff.

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

19.3: If any clause sets forth in this contract shall be held by any court or award in arbitration to be invalid or unenforceable, the validity or enforceability of that clause shall not affect the other clauses of this Contract, which shall continue in full force and effect.

19.4: All Clauses in the Contract which are either expressed to survive or which are by implication intended to survive termination or expiry of the Contract will continue to survive notwithstanding termination or expiry of the Contract.

19.5: The headings in these Clauses are inserted for convenience only and shall not be referred to in the interpretation of the Contract.

For more information contact info@simton.co.uk or call us on 0044208 965 9999.