The following is in addition to specific terms and conditions that may be discussed in relation to individual services. The Terms and Conditions are written in plain English to avoid misunderstandings in the event of a query arising, rather than in the spirit of a legally binding contract.
| Parties |
| 1. |
Unless otherwise agreed, the agreement will be between Storacall Technology Ltd, trading as and known hereunder as 'X-on' and X-on's single customer known hereunder as the client. |
| Payment |
| 2. |
Set-up fees will be normally payable 1 month prior to service commencement unless otherwise agreed. |
| 3. |
Set-up fees will be refundable only in the event that X-on fails to provide the service as agreed by the date agreed. |
| 4. |
X-on commits to provide services as agreed in writing or verbally only upon receipt of set-up fees. |
| 5. |
Transaction fees will be payable within 14 days of invoice in order that service is to be maintained. |
| Continuity and Performance of Service |
| 6. |
X-on aims to provide the client with 100% availability of service. X-on will, however, accept no liability for loss of revenue, damage to business or other problems encountered due to non-availability of service caused by any reason. |
| 7. |
X-on will inform clients of any known periods of non-availability together with full reasons for this non-availability. |
| 8. |
In the unlikely event of scheduled downtime being required to upgrade services or equipment, X-on will only do this will full consent of the client and at a time when minimum inconvenience is caused to the client and the client's customers. |
| 9. |
X-on wishes to provide sufficient bandwidth (either in terms of data availability or simultaneous telephone or fax calls) in order service all the client's transactions. It is in the interest of both X-on and the client that realistic traffic predictions are supplied and that increases in traffic due to promotion are forecast. |
| 10. |
X-on will provide services to perform to agreed criteria, provided that realistic traffic predictions have been provided. Instances of failure to meet response agreements should be informed to X-on preferably in writing at the earliest opportunity. |
| Products and Content |
| 11. |
Supply of products and content (e.g. text, data, pictures or sound) is a contractual arrangement between the client and the client's customers. |
| 12. |
X-on will not take liability for the client's failure to supply products ordered through an X-on service. |
| 13. |
Where payments are received for Products or Content, either through Merchant facilities, Premium Rate calls or other means, these payments will be directly to the Client and not to X-on. |
| 14. |
In the case of telephone Premium Rate services, the client is the Service Provider and is responsible for abiding by the relevant PhonepayPlus regulations for such services. |
| Cancellation |
| 15. |
Other than for reasons in the above sections, X-on requires 30 days cancellation in writing before services are discontinued. |
| 16. |
Other than for reasons in the above sections, X-on will give 30 days cancellation in writing before services are discontinued. |
| 17. |
Upon cancellation, all rights to recordings, telephone numbers, email addresses, web content and other resources that may be offered as part of the service revert to X-on. |
| 18. |
The client should ensure that email, fax, telephone and Internet traffic is not forwarded to X-on addresses after the service has been terminated. |
