Terms and Conditions for Website Use
1.Introduction
Welcome to www.sipcom.com
This page tells you the terms on which you may use our website www.sipcom.com whether as registered user or guest. Please read carefully before use.
By using the site, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the site.
2.Who We Are
www.sipcom.com is operated by SIP Communications Group Limited.
Some important details about us:
3.Use of the Site
You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
You agree to follow our website acceptable use policy. You can read our policy here on the website.
If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.
Only use the site as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
We follow our privacy policy in handling information about you. You can read our policy here on the website.
By using the site, you agree to us handling this information and confirm that data you provide is accurate.
If you order goods or services from us through the site, your order will take place under our Terms and Conditions for the Supply of Goods and Services, which are available on request and form part of our order.
4.Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
5.Our Legal Responsibility to You
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
6.Uploading to our Site
If you contact other users of our site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy on this website. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won’t be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn’t follow our acceptable use policy.
7.Computer Offences
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn’t try to get access to our site or server or any connected database or make any ‘attack’ on the site. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
8.Links to Our Site
You are allowed to make a legal link to our website’s homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.
You mustn’t suggest any endorsement by us or association with us unless we agree in writing.
9.Links From Our Site
Links from our website to other websites are for information only. We don’t control them and don’t accept responsibility for other websites, or any materials found upon them or any loss you suffer from using them.
10.Variation
We change these terms from time to time and you must check them for changes because they are binding on you.
11.Trade Mark
SIPCOM is our UK registered trademark and an application to trademark this is the USA has been filed.
SIPCOM Halo is currently being registered as a trademark in the US and EU.
12.Applicable Law
12.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
12.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event appoint a mediator under a mediation procedure.
12.4 Within 14 days of the appointment of the mediator, the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
12.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
12.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
12.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator arbitration scheme.
12.8 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.
12.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.
13.Contact Us
Please email us at legal@sipcom.com to contact us about any issues.
Acceptable Use Policy for Website
1.Introduction
This is our acceptable use policy. If you use our website, it means that the policy applies to you and that you agree with it as part of our Website Terms.
We may change these terms, so we expect you to check this page from time to time as the changes will be binding on you. There may also be changes elsewhere on our site.
2.Who We Are
www.sipcom.com is operated by SIP Communications Group Limited.
Some important details about us:
3.What you must not do
You must not use the site to do any of the following:
4.Content Standards
Here are our content standards. They apply to all material that you contribute to our site and to all interactive services.
You must follow these standards carefully, but please also follow the spirit of them.
Your contributions must be:
Your contributions must not be:
And they must not:
5.Interactive Services
Our standards for interactive services, such as chat rooms and bulletin boards, are as follows:
Please note, however, that we are not required to moderate our interactive service. We will not be responsible for any loss to anyone who does not use our site according to our standards (whether or not we have moderated the service).
6.Important Notice for Parents
Use of our interactive service by a child is subject to parental consent. If you permit your child to use the service, we advise you to explain the risks. Moderation is not always effective. Please contact us if you have a concern about moderation.
7.Disclosure to Courts
If you have to disclose Confidential Information by order of a court or other public body, you may do so.
8.Suspension and Termination
If we think you have breached this policy, we will take whatever steps we think are necessary.
These might include:
We exclude legal responsibility and cost for actions we take to deal with your breach of our policy.
The Buyer hereby orders and the supplier, by accepting the purchase order, agrees that it will supply the Goods specified overleaf upon and subject to these conditions which shall govern the Contract to the exclusion of any other terms and conditions. Any reference overleaf to the supplier’s quotation, specification, price list or like document shall be solely for the purpose of describing the Goods to be supplied and no terms and conditions endorsed upon, delivered with or referred to in such apply to the Contract.
2.1 In these Conditions: –
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“the Buyer” means SIP Communications PLC a company registered in England and Wales under number 5759363 whose registered office is at 25 Camperdown Street, London E1 8DZ;
“these Conditions” means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;
“the Contract” means the contract for the sale and purchase of the Goods constituted by the Seller’s acceptance of the Order in accordance with these Conditions(also known as the “Agreement”);
“the Delivery Address” means the address stated on the Order for delivery of the Goods;
“the Goods” means the goods (including any instalment of the goods or any part of them) and/or any services described in the Order;
“the Order” means the Buyer’s purchase order to which these Conditions are annexed;
“the Price” means the price of the Goods;
“the Seller” means the person so described in the Order;
“Specification” includes any plans, drawings, data or other information relating to the Goods; and
“Writing” includes facsimile, transmission, electronic mail and comparable means of communication.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3.1The Order constitutes an offer by the Buyer to purchase the Goods subject to these Conditions.
3.2The Supplier shall accept the Order placed by the Buyer and a binding contract for the supply of the Goods subject to these conditions, shall exist by whichever is the earlier of: –
a) the Supplier’s acceptance of the Order, in writing or orally, subject to these conditions; or
b) Delivery of Goods
3.3 Any typographical clerical or other accidental error or omission in the Order placed by the Buyer or in any drawings specifications, instructions, tools or other material supplied by the Buyer, shall be subject to correction without any liability on the part of the Buyer.
3.4 No variation to the Contract shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
4.1 The quantity, quality and description of the Goods shall, subject as provided in these Conditions, be as specified in the Order and/or in any applicable Specification supplied by the Buyer to the Seller or agreed in writing by the Buyer.
4.2 Any Specification supplied by the Buyer to the Seller, or specifically produced by the Seller for the Buyer, in connection with the Contract, together with the copyright, design rights or any other intellectual property rights in the Specification, shall be the exclusive property of the Buyer. The Seller shall not disclose to any third party or use any such Specification except to the extent that it is or becomes public knowledge through no fault of the Seller, or as required for the purpose of the Contract.
4.3 The Goods shall be marked in accordance with the Buyer’s instructions and any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course.
4.4 The Seller shall not unreasonably refuse to take any steps necessary to comply with any request by the Buyer to inspect or test the Goods during manufacture, processing or storage at the premises of the Seller or any third party prior to despatch, and to provide the Buyer with any facilities reasonably required by the Buyer for inspection or testing.
4.5 If as a result of inspection or testing the Buyer is not satisfied that the goods will comply in all respects with the Contract, and the Buyer so informs the Seller within seven days of inspection or testing, the Seller shall take such steps as are necessary to ensure compliance.
4.6 The Seller shall comply with all applicable regulations or other legal requirements concerning the manufacture, packaging, packing and delivery of the Goods.
5.1 The Price of the Goods shall be as stated in the Order and, unless otherwise so stated, shall be:-
b) exclusive of any applicable value added tax (which shall be payable by the Buyer subject to receipt of a VAT invoices); and
c) inclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Goods to the Delivery Address and any duties, imposts or levies other than value added tax.
5.2 No increase in the Price may be made (whether on account of increased material, labour or transport costs, fluctuation in rates of exchange or otherwise) without the prior consent of the Buyer in writing.
5.3 The Buyer shall be entitled to any discount for prompt payment, bulk purchase or volume of purchase customarily granted by the Seller, whether or not shown on its own terms and conditions of sale.
6.1 The Seller shall be entitled to invoice the Buyer on or at any time after delivery of the Goods, as the case may be, and each invoice shall quote the number of the Order.
6.2 Unless otherwise stated in the Order, the Buyer shall pay the Price of the Goods within 45 days after the end of the month of receipt by the Buyer of a proper invoice or, if later, after acceptance of the Goods in question by the Buyer, but time for payment shall not be of the essence of the contract.
The Buyer shall be entitled to set off against the Price any sums owed to the Buyer by the Seller.
7.1 The Goods shall be delivered to the Delivery Address on the date or within the period stated in the Order, in either case during the Buyer’s usual business hours.
7.2 Where it is agreed in writing that the date of delivery of the Goods is to be specified by the Seller after the placing of the Order, the Seller shall give the Buyer reasonable notice in writing of the specified date.
7.3 The time of delivery of the Goods is of the essence of the Contract.
7.4 A packing note clearly quoting the number of the Order must accompany each delivery or consignment of the goods. In the event the Goods are despatched electronically or undertaken as a service then the Seller must communicate this in writing for the approval of the Buyer.
7.5 If the goods are to be delivered by instalments, the Contract will be treated as a single contract and not severable.
7.6 The Buyer shall be entitled to reject any Goods delivered which are not in accordance with the Contract, and shall not be deemed to have accepted any Goods until the Buyer has had a reasonable time to inspect them following delivery.
7.7 The Seller shall supply the Buyer in good time with any instructions or other information to enable the Buyer to accept delivery of the Goods.
7.8 The Buyer shall not be obliged to return to the Seller any packaging or packing materials for the Goods, whether or not any Goods are accepted by the Buyer.
7.9 The Seller acknowledges that the Buyer has a legitimate commercial interest in the Goods being delivered on the specified delivery date and that the Buyer should have an appropriate remedy if they are not so delivered. Accordingly, if the Goods are not delivered on the due date then, without prejudice to any other remedy, the Buyer shall be entitled to deduct from the Price or (if the Buyer has agreed to pay any part of the price in advance of delivery) to claim from the Seller by way of liquidated damages for delay 5 per cent of the Price for every week’s delay, up to a maximum of 50 per cent of the price, without prejudice to claim any other remedy for any further delay in delivery once that maximum amount of liquidated damages has been reached.
7.10 The Buyer shall not be deemed to have accepted the Goods until it has had 7 days to inspect them following delivery or collection as the case may be. The Buyer shall also have the right to reject the Goods as though they had not been accepted for 7 days after any latent defect in the Goods has become apparent.
8.1 Where the Seller is not the manufacturer of the Goods, the Seller shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Seller.
8.2 The Seller warrants that (subject to the other provisions of these conditions) upon delivery , and for a period of 12 months from the date of delivery, the Goods shall:
b) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
c) be reasonably fit for purpose; and
d) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Seller in writing and the Seller has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Seller.
8.3 The Seller shall not be liable for a breach of any of the warranties in condition 8.2 unless:
b) the Buyer gives written notice of the defect to the Seller, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers the defect; and
c) the Seller is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Seller) returns such Goods to the Seller’s place of business at the Seller’s cost for the examination to take place there.
8.4 The Company shall not be liable for a breach of any of the warranties in condition 8.2 if:
b) the Buyer makes any further use of such Goods after giving such notice; or
c) the defect arises because the Buyer failed to follow the Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice.
8.5 Subject to condition
8.3 and condition
8.4, if any of the Goods do not conform with any of the warranties in condition 8.2 the Seller shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Seller so requests, the Buyer shall, at the Seller’s expense, return the Goods or the part of such Goods which is defective to the Seller.
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery to the Buyer in accordance with the Contract.
9.2 The property in the Goods shall pass to the Buyer upon delivery, unless payment for the Goods has been agreed to be made prior to delivery, when it shall pass to the Buyer once payment has been made and the Goods have been appropriated to the Contract.
10.1 The Buyer may assign the Contract or any part of it to any person, firm or company.
10.2 The Seller shall not be entitled to assign the Contract or any part of it without the prior written consent of the Buyer.
11.1 The Seller warrants to the Buyer that the Goods:-
b) will, both at the time of delivery and for a reasonable period of time thereafter, be of the best available design, quality, material and workmanship and conform in all respects with the Order and Specification supplied or advised by the Buyer to the Seller;
c) will be free from defects in design, material and workmanship;
d) will correspond with any relevant Specification or sample; and
e) will comply with all statutory requirements and regulations relating to the sale of the Goods.
12.1 The Seller shall indemnify the Buyer in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by the Buyer as a result of or in connection with:-
b) breach of any warranty given by the Seller in relation to the Goods;
c) any claim that the Goods infringe, or that their importation, use or resale, infringes, the patent, copyright trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any Specification supplied by the Buyer;
d) any act or omission of the Seller or its employees, agents or sub-contractors in supplying, delivering or installing the Goods.
e) all claims by the customers of the Buyer (and their sub-buyers) arising out of any breach whatever by the Seller of this contract for sale.
13.1 Without prejudice to any other right or remedy which the Buyer may have, if any Goods are not supplied in accordance with, or the Seller fails to comply with, any of the terms of the Contract the Buyer shall be entitled to avail itself of any one or more of the following remedies at its discretion, whether or not any part of the Goods have been accepted by the Buyer:
b) to rescind the Order;
c) to reject the Goods (in whole or in part) and return them to the Seller at the risk and cost of the Seller on the basis that a full refund for the Goods so returned shall be paid forthwith by the Seller;
d) at the Buyer’s option to give the Seller the opportunity at the Seller’s expense either to remedy any defect in the Goods or to supply replacement Goods and carry out any other necessary work to ensure that the terms of the Contract are fulfilled;
e) to refuse to accept any further deliveries of the Goods but without any liability to the Seller;
f) to carry out at the Seller’s expense any work necessary to make the Goods comply with the Contract; and
g) to claim such damages as may have been sustained in consequence of the Seller’s breach or breaches of the Contract.
14.1 The Buyer shall be entitled to cancel the Contract in respect of all or part only of the Goods by giving notice in writing to the Seller at any time prior to delivery or performance, in which event the Buyer’s sole liability shall be to pay to the Seller the Price for the Goods in respect of which the Buyer has exercised its right of cancellation, less the Buyer’s reasonable estimate of the Seller’s net saving of cost arising from cancellation.
14.2 The Buyer shall be entitled to terminate the Contract without liability to the Seller by giving notice to the Seller at any time if:-
b) the Seller makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction; or
c) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Seller; or
d) the Seller ceases or threatens to cease, to carry on business; or
e) the Buyer reasonably apprehends that any of the events mentioned above is about to occur in relation to the Seller and notifies the Seller accordingly.
15.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 15.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
15.2 Sub-clause 15.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
15.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
15.4 If and when the period of such incapacity exceeds 3 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
16.1 All pre-existing intellectual property rights, including the right to patent, copyright, trademarks, mask works and design rights in the Goods (“Pre-Existing IPRs”) shall remain vested absolutely in the Seller and/or its licensors, as the case may be.
16.2 The Seller hereby grants, including by way of a present licence of future rights (or shall procure that any relevant third party shall grant) a perpetual non-exclusive, irrevocable, royalty-free licence (with the right to grant sub-licences) for the Buyer to use the Pre-Existing IPRs and to use, copy and publish (electronically and in hard copy formats) the descriptions of the Goods where such is required by its customers solely to the extent necessary to utilise the services as contemplated by this Order for the benefit of its customers. This licence shall include the right to make any and all documentation available at any time to the Buyer. All Pre-Existing IPRs in the Goods descriptions shall remain vested absolutely in the Seller (or its consultants, Sellers or sub-contractors, in which case the Seller shall ensure that it has the right to license such descriptions.
16.3 All intellectual property rights, including copyright in documents and data and any specially written software, created by the Seller specifically for the purposes of this Order (and paid for by the Buyer) shall vest in the Buyer (“Designated IPRs”) and the Seller shall, it its own cost and expense, promptly take any action and do anything and execute any document necessary to effect this purpose and shall, upon request from the Buyer, assist the Buyer to promptly apply for Designated IPR protection.
16.4 In the event of any delay in the vesting of any Designated IPRs in the Buyer under this Order, the Seller shall hold such rights in trust for the Buyer.
16.5 The Seller hereby assigns to the Buyer, for no additional payment, with full title guarantee all right, title and interest to or in the Designated IPRs referred to here of any and all encumbrances and third party rights.
16.6 The Seller shall from time to time at the Buyer’s request deliver up to the Buyer all source code, or other materials, embodying or embedded within Designated IPRs and specially written software and any adaptations and modifications to the same.
16.7 The assignment under this clause shall be a present assignment of future rights that shall take effect immediately on the coming into existence of the relevant Designated IPRs. The Seller shall ensure that any author of the Designated IPRs the title in which is to pass to the Buyer hereunder unconditionally and irrevocably waives all moral rights which may exist now or in the future in respect of the aforementioned Designated IPRs.
17.1 For the purposes of this Agreement “Restricted Information” means, in relation to either party, information which is disclosed to that party by the other party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such).
17.2 Each party undertakes that, except as provided by Clause 17.8 or as authorised in writing by the other party, it shall, at all times during the continuance of this Agreement and for 2 years after its termination:-
a) use its best endeavours to keep confidential all Restricted Information;
b) not disclose any Restricted Information to any other person;
c) not use any Restricted Information for any purpose other than as contemplated by and subject to the terms of this Agreement;
d) not make any copies of, record in any way or part with possession of any Restricted Information; and
e) ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that party, would be a breach of the provisions of (a), (b), (c) or (d) above.
17.3 Either party may:-
a) disclose any Restricted Information to:-
b) any sub-contractor or supplier of that party;
c) any governmental or other authority or regulatory body; or
d) any employee or officer of that party or of any of the aforementioned persons; to such extent only as is necessary for the purposes contemplated by this Agreement, or as required by law, and in each case subject to that party first informing the person in question that the Restricted Information is confidential and (except where the disclosure is to any such body as is mentioned above or any employee or officer of any such body) obtaining and submitting to the other party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause, to keep the Restricted Information confidential and to use it only for the purposes for which the disclosure is made and
1.2 use any Restricted Information for any purpose, or disclosure it to any other person, to the extent only that it is at the date of this Agreement, or at any time after that date becomes, public knowledge through no fault of that party, provided that in doing so that party does not disclose any part of that Restricted Information which is not public knowledge.
1.3 The provisions of this Clause shall continue in force in accordance with their terms, notwithstanding the termination of this Agreement for any reason.
2. Communications
2.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:
a) (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller; or
b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or
c) (in any other case) to any address of the Seller set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
2.2 Communications shall be deemed to have been received:
a) if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
b)if delivered by hand, on the day of delivery; or
c) if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
2.3 Communications addressed to the Buyer shall be marked for the attention of Financial Controller.
2.4 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
3. Waiver
No waiver by the Buyer of any breach of the Contract by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.
4. Severance
If any provisions of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
5. Third Party Rights
A person who is not a party to the Contract shall have no rights under this Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
6. Ethics
The Seller accepts that the Buyer has an Ethics Policy and should adopt the same or similar standards. Also the Seller is committed to ensuring that there is no slavery or human trafficking in its own business or its supply chains.
7. Governing Law and Jurisdiction
The Contract shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.
1.Introduction
This is our UK small business code of practice. If you use our services and are a small business, it means that this applies to you and that you agree to it as part of our terms and conditions of use. If you are not a UK small business, then the complaint handling and dispute resolutions process will be set out in your contract with Sipcom.
We may change this policy, so we expect you to check this page from time to time as the changes will be binding on you. There may also be changes elsewhere on our site.
The purpose of this code is to inform you about our products, services, customer-care policies and where to find information about our charges and terms and conditions. This Code of Practice is published on our website www.sipcom.com Additional copies are available on request and free of charge to any small business customer.
While we may not provide all the component parts of our services ourselves, we do take responsibility for the services delivered to you. So, we will liaise with our suppliers to ensure that any problems with their services are resolved promptly.
2.Who we are
SIP Communications Limited is part of the SIP Communications Group Limited.
Some important details about us:
3.How to Contact Us
Please contact our Customer Service Team using one of the following:
4.Our Commitment to You
We are committed to giving you the highest quality of customer service. When we purchase our services from wholesale providers, we choose those providers carefully to ensure that you get a high-quality service. We make every reasonable effort to supply services that satisfy your requirements. We work to all relevant laws and regulations.
Our Products and Services
For more details on any of our products and services, or to place an order immediately, please contact our Customer Service Team on info@sipcom.com
You may also purchase our services from local dealers and retailers around the UK. For more information, please contact the Customer Service Team on info@sipcom.com
Marketing
We work to the principles in the British Code of Advertising, Sales Promotion and Direct Marketing, which are set out on the website www.cap.org.uk.
Terms and Conditions
When you subscribe to a service from Sipcom, we will send you our Standard Terms and Conditions and ask you to sign a contract, if applicable. If you have any questions, please phone our Customer Service Team on 0203 328 5000. We may carry out a credit check as part of our assessment procedures.
Where applicable the minimum contract term for our services will be 36 months. We aim to provide services within three working days of your original request, subject to the availability and provisioning requirements and installation of any equipment and, where appropriate, lines to your premises. If we need to carry out a survey of your premises or lay additional cabling, we will inform you of the revised timescales as soon as we can.
Cancellation
If you decide to cancel your order or agreement before we have provided the services, you may do so without charge within 10 working days of your order being placed. For cancellations after 10 working days we will charge you an administration fee as set out in your contract. If you wish to terminate your contract within the minimum term of 36 months, please call our Customer Service Helpdesk on 0203 328 5000. We will charge you a fee as set out in your contract. After the minimum term you can cancel any service by calling our Customer Service Helpdesk giving us the required notice as set out in your contract.
Faults and Repairs
Please call our Incident Team on 0203 328 5000 if you experience a fault with any of our services. For domestic customers we aim to have this investigated and repaired within 2 days. For SMEs we will agree the timescales applicable to activation of a new service, restoration following loss of service, keeping a pre-agreed engineer appointments etc during the customer order process.
Compensation and Refund Policy
We do not offer automatic compensation payments in cases where the service level targets are not met and will assess any claim for compensation on a case by case basis. Any payment made will be on a purely discretionary basis.
We do not feel that fixed level compensation payments are appropriate for business customers, who we advise to seek other ways, such as insurance, to protect themselves against the impact of any loss of service.
Price Lists
Our pricing structure is available from our Customer Service Team and would also be set out on your order acceptance document. We will inform you in advance if we change the pricing structure on your products and services.
Billing and Payment
We will bill you monthly. Generally, services are billed in advance and usage like calls are billed in arrears. You can choose to pay us via a range of options including Direct Debit, credit card, cheque and Bank Transfer. These are agreed at the start of your contract. If you wish to change your method of payment at any time, please call our Customer Service Team. We provide itemised bills as part of our service to you.
If you have difficulty paying your bill, please contact us on 0203 328 5000 and we will try to arrange a different method of payment. We will do all we can to help our small business customers to manage their bills and avoid disconnection. In any event, you will be given 48 hours’ notice of any decision to disconnect your services.
Moving Home or Office
Please call our Customer Service Team on 0203 328 5000 no later than 14 days before your move date. We will amend your account and billing requirements as necessary. We will endeavour to offer you the same telephone number to minimise disruption but please note that for geographic numbers this is not always possible.
Number Porting
Sipcom recognise that keeping your existing telephone numbers may be important to you. If you move your business to us and wish to keep the number that you have with your old provider, we will arrange it if you ask us. We will work with you to ensure that the services are switched over at a convenient and appropriate time. For more information, please call our Customer Service Team on 0203 328 5000.
If we fail to allow you to move your number away from us, we will pay you compensation at a rate of 1/365th cost of number rental (if applicable) per day of delay.
Directory Entries
You are entitled to a Directory Entry listing (including an entry in the Phone Book) for both your fixed and mobile telephone numbers. If you do want your details included, please contact our Customer Service Team on 0203 328 5000.
Complaints
We make every effort to ensure that our customers are happy with the level of service, and the products and service they receive from us. However, despite our best efforts, things can go wrong. We take customer complaints very seriously and aim to resolve them quickly and efficiently.
Our Code of Practice on Complaint Handling and Dispute Resolution explains how customers can complain. The code also provides information on how we deal with complaints and your right to take unresolved complaints to Alternative Dispute Resolution. You can find a copy of our Complaints Code on our website. Alternatively, copies are available free of charge and on request from our Customer Service Team on 0203 328 5000.
Services for People with Special Needs
We are committed to helping all our customers to communicate easily. We offer the following additional services on request for customers who are older or who may have a disability:
Data Protection
We comply fully with our obligations under the Data Protection Act 2018.
6.Code of Practice for Premium Rate Service Calls
This code informs you, our small business customers, about our policies on providing information about Premium Rate Service (PRS) calls and on our charging policy for calls to PRS numbers.
Premium Rate Services
Premium rate services (PRS) are telephone numbers that offer some form of information or entertainment that is charged to your phone bill. UK-based PRS numbers are normally prefixed by “09” or “118”. Numbers starting 087 are also designated as Premium Rate numbers and subject to PRS regulation when they cost 7p per minute or more. Typical services include TV votelines, mobile ringtone downloads, technical helplines, charity fund-raising and adult entertainment.
Charges for these services are made up of two parts, a service charge and an access charge and the total is added to your telephone bill. You will see the service charge advertised by the company providing the service alongside the number and this can be between 7p and £3.60 per minute, or £6 per call or per text (including VAT) for 08 and 09 prefixes. Calls to 118 services can cost up to £15.98 per call plus a £7.99 per minute charge (including VAT). The access charge is kept by us, your phone company. Our access charge for calling these services is shown in our price list, which is available on request from our Customer Services Team and via our website.
If you have a problem with PRS, we can help. We can provide advice on checking the telephone number of any PRS charges that appear on your bill and will try to help you identify the premium rate service provider. We can use call barring to restrict access to “09” numbers. Please call our Customer Service Team on xxxx for advice on this. We can give you a factsheet on PRS.
You can also ask for help from the Phone-paid Services Authority (PSA) which is the industry-funded regulatory body for Premium Rate Services. PSA operates a Code of Practice that sets out standards for the operation of PRS. You can use the PSA website at www.psauthority.org.uk to check PRS numbers direct and find contact details for the company in question or to submit a complaint. PSA has the legal powers to require a provider of PRS to amend its service or promotional material (or both) and can also order refunds and impose penalties on service providers for breaches of the PSA Code. For other ways to contact Phone-paid Services Authority, see the “Useful addresses” section below.
If you are unhappy with the help you have received from us on a problem with PRS, please contact us by phone: 0203 328 5000 or by email: support@sipcom.com and ask for the Chief Commercial Officer who has responsibility for compliance with our code of practice for PRS. You may also complain using the complaints procedure set out in our complaints code including, ultimately, referring your complaint to Ombudsman Services/CISAS.
The Telephone Preference Service
If you don’t want to get sales and marketing calls you have not requested, you can add your details to a list run by the Telephone Preference Service (TPS). If your number is on the list, it is illegal for a company to call you for marketing purposes. You can contact the Telephone Preference Service via www.tpsonline.org.uk or by telephoning 0845 070 0707.
7.Who owns this document?
The Chief Commercial Officer is the owner of this document and is responsible for ensuring that this procedure is reviewed in line with the review requirements of the business. A copy of the Policy is available on our website or by emailing legal@sipcom.com.
Useful Addresses
The Ombudsman Services
3300 Daresbury Park, Daresbury, Warrington, WA4 4HS
T: 0330 440 1614
(CP questions can be directed to osaccountmanagers@ombudsman-services.org )
CISAS
70 Fleet Street, London, EC4Y 1EU
T: 0845 1308 170 or 0207 520 3827
Ofcom
Riverside House, 2a Southwark Bridge Road, London, SE1 9HA
T: 020 7981 3040 or 0300 123 3333
Phone-paid Services Authority
40 Bank Street London, E14 5NR
T: 0800 500 212 or 020 7940 7474
Telephone Preference Service
DMA House, 70 Margaret Street, London W1W 8SS
T: 0845 070 0707
Federation of Communication Services (FCS)
Provident House, Burrell Row, Beckenham, Kent BR3 1AT
T: 020 7186 5432
Licence Number 2428
Correct at time of printing, published July 2020
1. Introduction
This is our UK small business customer complaints policy. If you use our services and are a small business it means that the policy applies to you and that you agree with it as part of our terms and conditions of use. If you are not a UK small business, then the complaint handling and dispute resolutions process will be set out in your contract with Sipcom.
We may change this policy, so we expect you to check this page from time to time as the changes will be binding on you. There may also be changes elsewhere on our site.
The purpose of this Policy is to help customers who have a complaint to raise it and get it resolved as soon as possible.
While we may not provide all the component parts of our services ourselves, we do take responsibility for the services delivered to you. So we will liaise with our suppliers to ensure that any problems with their services are resolved promptly.
We make every effort to ensure that our customers are happy with the level of service, and the products and service they receive from us. However, despite our best efforts, things can go wrong. We take customer complaints very seriously and aim to resolve them quickly and efficiently.
2. Who we are?
SIP Communications Limited is part of the SIP Communications Group Limited.
Some important details about us:
3. What is the complaints process?
If you have a complaint about any part of our service, please contact our Customer Service Team using one of the following:
If you telephone, our advisors will ask you about your complaint and seek to resolve the problem while you are on the line. During any discussions we will protect the privacy of the information that we hold on you. To do this we may have to ask questions to confirm that we are speaking to the right person.
If you make your complaint by email or in writing, we will acknowledge receipt, advise how and when we will next respond and provide you with a contact point for checking progress on the resolution of your complaint.
We will try to resolve your complaint quickly and efficiently, and to keep you informed at all times. We normally aim to resolve complaints within 10 working days but, depending on the nature of the complaint, this is not always possible. However, if you are not happy with progress in resolving your complaint you can ask the person to whom you are speaking to escalate the matter to the VP of Engineering, if it is a technical complaint, or the Chief Operating Officer, and ultimately to the Chief Executive Officer. If we cannot resolve the problem, we will write to you to say so.
If it has been more than 8 weeks from the date you first contacted us to complain or you have received a letter from us saying that your complaint has reached “deadlock”, then you may ask for help from:
Ombudsman Services – Communications
3300 Daresbury Park, Daresbury, Warrington, WA4 4HS T: 0330 440 1614
CISAS
70 Fleet Street, London, EC4Y 1EU T: 0845 1308 170 or 0207 520 3827
E: info@cisas.org.uk W: www.cisas.org.uk
Ombudsman Services/CISAS is an independent organisation which is approved by Ofcom to provide an alternative dispute resolution (ADR) service. Ofcom-approved ADR services sort out disputes between communications providers and their consumer and small business customers. Their job is to investigate complaints fairly by listening to both sides of the story. They look at the facts given to them before recommending any action that may be needed to put things right.
Alternatively, if at any time you are not satisfied with the progress of your complaint you can ask us to agree an early referral to ADR (i.e. that we issue a deadlock letter). However, we may decline to do so if we do believe we will shortly resolve your complaint and are taking active steps to do so.
4. Who owns this document?
The Chief Commercial Officer is the owner of this document and is responsible for ensuring that this procedure is reviewed in line with the review requirements of the business. A copy of the Policy is available on our website or by emailing legal@sipcom.com.
Useful Addresses
The Ombudsman Services
3300 Daresbury Park, Daresbury, Warrington, WA4 4HS
T: 0330 440 1614
(CP questions can be directed to osaccountmanagers@ombudsman-services.org )
CISAS
70 Fleet Street, London, EC4Y 1EU
T: 0845 1308 170 or 0207 520 3827
Ofcom
Riverside House, 2a Southwark Bridge Road, London, SE1 9HA
T: 020 7981 3040 or 0300 123 3333
Phone-paid Services Authority
40 Bank Street London, E14 5NR
T: 0800 500 212 or 020 7940 7474
Telephone Preference Service
DMA House, 70 Margaret Street, London W1W 8SS
T: 0845 070 0707
Federation of Communication Services (FCS)
Provident House, Burrell Row, Beckenham, Kent BR3 1AT
T: 020 7186 5432
Licence Number 2428
Correct at the time of printing, published July 2020
