Terms and Conditions
Introduction
Please read the following terms and conditions of use before completing your registration for Connexin services (the 'Service'). By proceeding with your order, you agree to the following Terms and Conditions governing use of the Service.
1. General
The prices shown on the Connexin website exclude VAT, unless otherwise stated. Prices and promotions are correct at time of going to press, but may change at any time.
2. Our Service
2.1 Service Provision
Connexin will provide its services following successful completion of the signup process. If you wish to utilise the full capability of the Connexin phone system, you will need:
· Suitably enabled Broadband connection with router.
· A desktop/laptop computer, speakers and headset if a softphone is used.
· Or a SIP compatible handset.
2.2. Service Agreement
2.2.1 Home User Packages
Pay as You Go (PAYG)
A setup charge of £5 (ex vat) is required on signup for Pay As You Go (PAYG) accounts. PAYG accounts are subject to our fair usage policy. All PAYG accounts are pre-pay, meaning it is the users responsibility to ensure there is enough call credit in their account to make calls. Connexin reserves the right to terminate PAYG accounts which have shown no activity in a 6-month period.
UK 500 & International 500:
Our monthly packages (UK 500 and International 500) are subject to a minimum 12-month contract and fair usage policy. You may cancel your contract within 7-days of registration subject to a termination charge of £39 (ex. vat). If the contract is cancelled during this 7-day period, any call charges incurred in this period must be paid for. You may terminate your contract following the 12-month period for free, however, a 30-day notice of cancellation is required in writing. This can either be via post or email. The UK 500 package is a monthly subscription charged at 7.99 (Inc. VAT) per month and the International 500 package is a monthly subscription charged at £9.99 (Inc. VAT) per month. Payment must be made by Direct Debit, subscribers must submit a valid direct debit mandate form within 10 days of signing up. Users will be invoiced for the relevant subscription costs and for any additional calls made or products purchased in that period that are not covered by their chosen package. Our billing date is on or around the 1st of every month, on this date invoices will be sent via email to the users registered email address. We offer 15-day payment terms. Customers who use our direct debit facility will have their account automatically debited within 15 days of invoice(s) being sent. A late payment fee of £10.00 (ex vat) will be incurred if full payment is not received within 30-days from invoice. Direct debit must not be cancelled without prior notice. Penalty charges might be incurred and we hold the right to block and even cancel your account straight away.
2.2.2 Business Packages
Startup Package:
The Start up package is a free package and is subject to our fair usage policy. All Startup accounts are pre-pay, meaning it is the users responsibility to ensure there is enough call credit in their account(s) to make calls. Payment in arrears can be setup in certain circumstances but has to be agreed by Connexin. Connexin reserves the right to refuse service. Connexin reserves the right to terminate Startup accounts which have shown no activity in a 6-month period.
Grow, Max and other Business Packages:
Our monthly business packages (Grow and Max) are subject to a minimum 12-month contract and fair usage policy unless otherwise stated. You may cancel your contract within 7-days of registration subject to a termination charge of £39 (ex. vat). If the contract is cancelled during this 7-day period, any call charges incurred in this period must be paid for. You may terminate your contract following the 12-month period for free, however, a 30-day notice of cancellation is required in writing. This can either be via post or email. The Grow package is a monthly subscription charged at £6 (ex VAT) per month and the Max package is a monthly subscription charged at £10 (ex VAT) per month. Payment must be made by Direct Debit, subscribers must submit a valid direct debit mandate form within 10 days of signing up. Users will be invoiced for the relevant subscription costs and for any additional calls made or products purchased in that period that are not covered by their chosen package. Our billing date is on or around the 1st of every month, on this date invoices will be sent via email to the users registered email address. We offer 15-day payment terms. Customers who use our direct debit facility will have their account automatically debited within 15 days of invoice(s) being sent. A late payment fee of £10.00 (ex vat) will be incurred if full payment is not received within 30-days from invoice. Direct debit must not be cancelled without prior notice. Penalty charges might be incurred and we hold the right to block and even cancel your account straight away.
2.3 Service Usage
Connexin aims to provide a continuous service to the Customer, but the Service may be impaired by other data on the broadband connection or on the wider internet due to circumstances beyond our reasonable control.
Occasionally, for operational reasons, Connexin may have to change the codes or the numbers given to you, or interrupt the service. Connexin will restore the interrupted Service as quickly as possible.
The ability to make emergency calls (999 or 112) cannot be guaranteed. Whenever possible, alternative arrangements should be made and a standard Public Service Telephone Network link be maintained.
If the Service includes a telephone number, you do not own any number nor have the right to sell or to agree to transfer any number provided to you by Connexin.co.uk. You accept that occasionally Connexin may provide instructions regarding the Service that must be followed.
2.4 Service Misuse
You agree that you will only use the Service in accordance with these Terms and Conditions.
You agree that when using the Service you will comply with applicable laws and regulations at all times, and will not, including but not limited to: violate the legal rights (such as the rights of privacy and publicity) of others; make offensive, indecent, menacing, nuisance or hoax calls; use the service fraudulently or in connection with a criminal offence; distribute spam or any other form of unsolicited electronic mail or SMS messaging; upload or distribute illegal material or information which might constitute a criminal or civil offence; upload files that contain software or other material which are the intellectual property rights of any third party without having received all necessary consents; upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Service or other computers; upload or distribute any Customer Data that damages, denigrates or brings into disrepute Connexin.co.uk or its employees, associates or affiliates in any way.
The Service must not be used for purposes which, in our opinion, are not in keeping with those reasonably expected for personal use (for example telemarketing).
2.5 Service Management
Connexin will use all reasonable endeavours to correct any reported fault as soon as reasonably practicable.
2.6 Specific Conditions on the provision of telephony services
We will supply the Services with reasonable skill and care.
However, we do not guarantee:
- that the Services will be uninterrupted, secure or error-free; or
- that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
We do not provide a back-up of your Data or guarantee the integrity of your Data, however, we will use our reasonable endeavours to provide copies of Data for disaster recovery purposes.
We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
Specific Conditions on the Provision of Telephony Services
By purchasing our Telephony Services (VoIP) you confirm that you understand that our services:
- may not offer all of the features you may expect from a conventional phone line;
- may not connect you to the public emergency service and if we do, may not provide your phone number and location details to the operator if you make a public emergency services call. You will have to provide your location information and phone number verbally to the operator; an
- may not offer you the ability to transfer (port) your existing number to an alternative service if your service ends.
The Service provided by us is not a Publicly Available Telephone Services (PATS) and your attention is specifically drawn to the service descriptions at www.connexin.co.uk that sets out the Service offering and service limitations for our customers. The Service is subject to different regulatory treatment than a Publicly Available Telephone Services (PATS) and this may limit or otherwise affect your rights of redress before regulatory agencies such as OFCOM in the UK.
3. Charges and Payments of fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and Billing Agent terms and conditions in effect at the time a fee or charge is due and payable.
Connexin reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 5 working days prior notice to you, which notice may be provided by e-mail.
A late payment fee of £10.00 (ex vat) will be incurred if full payment is not received within 30-days from invoice. Connexin reserves the right to terminate late paying accounts.
4. Fair Usage Policy
All Connexin Services are subject to this Fair Usage Policy.
Connexin may apply this Fair Usage Policy where in our reasonable opinion your usage of our Services is excessive and/or unreasonable as detailed in this paragraph. Connexin has developed this Fair Usage Policy by reference to average customer profiles and estimated customer usage of our Services. If your usage of our Services materially exceeds estimated use patterns over any month, then your usage shall be considered excessive and/or unreasonable. UK Unlimited includes 500 monthly minutes to the defined destinations, additional minutes are charged at the standard “Pay As You Go” rate. International Unlimited includes 500 monthly minutes to the defined destinations, additional minutes are charged at the standard “Pay As You Go” rate.
If your usage is excessive and/or unreasonable Connexin may contact you to advise you that your usage is in breach of this Fair Usage Policy. Connexin may then request that you desist from or alter your usage to come within our Fair Usage Policy. If your excessive or unreasonable usage continues after receipt of a request to desist from or alter the nature of such usage, Connexin may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of our Services or withdraw your access to the Services.
5. Refunds & Cancellation Policy
You may cancel your contract within 7-days of registration, unless otherwise stated, subject to a termination charge of £39 (ex. vat). If the contract is cancelled during this 7-day period, any call charges incurred in this period must be paid for. You may terminate your contract following the 12-month period for free, however, a 30-day notice of cancellation is required in writing. This can either be via post or email. If you wish to terminate your contract during the agreed contract period, this can be done so by paying for all the outstanding charges and future charges due for the remaining contract period. We will also charge a £39 (ex. vat) administration fee for any contracts which are terminated during a contractual period. Connexin does not issue refunds for telecommunication services or call charges. You can receive a full refund for hardware purchased from Connexin if a valid refund request is submitted within 14 days from the order being placed.
6. Despatch and Delivery
Next day delivery is available on all orders where the following criteria have been met:
- The order is placed before the specified cut off time of 4:30 pm, Monday - Thursday, and all security checks have been completed. Orders placed on Friday, before the cut of time of 4:30 pm will be delivered on the following working day.
- All items on the order are in stock and available for delivery.
- Cleared funds have been received in full for the order total.
- Delivery is to a UK mainland address, post code restrictions apply.
Orders placed outside the cut off time of 4:30 pm and on weekends, will be processed on the following working day.
7. Matters beyond Connexins reasonable control
Neither party shall be liable to the other for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, acts of other parties, governmental laws, regulations or requirements, the acts or failure to act of any governmental authority, acts of civil or military authority, labour disputes, fires, riots, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power or fuel, equipment or services failure (including the unavailability of third party telecommunications services, lines or other equipment).
8. Intellectual Property
Connexin alone (and its suppliers, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Connexin.co.uk Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Connexin.co.uk Technology or the Intellectual Property Rights owned by Connexin. The Connexin.co.uk name, the logo, and the product names associated with the Service are trademarks of Connexin.co.uk, and no right or license is granted to use them.
9. Security
9.1 Password
You will be responsible for keeping all password information secure and not disclosed to unauthorised people. If a disclosure does occur, you must inform us immediately, and take all steps necessary to prevent unauthorised use of the Service.
9.2 Privacy
We will respect any business and personal information provided by you and undertake to comply with all data protection legislation currently in force. Any personal information provided by you shall be subject to our Privacy Policy. We shall not disclose your registration details to any third party without your permission unless in accordance with the terms of the Privacy Policy.
10. Termination
At its sole discretion, Connexin has the right to terminate or restrict your access to any component of the Service without notice and the right to remove any content from the Service that it considers in its sole discretion to be objectionable. These rights are in addition to any other rights and/or remedies available to Connexin and without any liability whatsoever.
Connexin reserves the right to permanently remove accounts that have remained inactive for a period of six months.
10.1 If the Customer Breaks the Contract
In addition to any other rights granted to Connexin herein, Connexin reserves the right to suspend or terminate this Agreement and your access to the Service if your account falls into arrears.
Connexin reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Connexin has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is in arrears for 30 days or more.
11. Warranty
We do not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this Service, and Connexin.co.uk expressly disclaims all warranties and conditions, including implied warranties and conditions or satisfactory quality, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Connexin assumes no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, browsing, or use of the Service. In no event shall Connexin be liable for any injury, loss, claim, damage, or any exemplary, punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings, loss of business opportunities or contracts) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Service, (ii) any failure or delay (including, but not limited to) the use of or inability to use any component of the Service (iii) the performance or non-performance by Connexin even if we have been advised of the possibility of damages to any other party (iv) the provision of or failure to provide services (v) any information, software, products, services and related graphics obtained through the Service.
You warrant that the Customer Data supplied shall not be blasphemous, defamatory, deliberately false or otherwise infringe the rights of any third party and you indemnify Connexin for any loss caused to Connexin resulting from a breach of this warranty or any other undertaking under this agreement.
12. Liability and Indemnity
To the extent permitted by law, neither Connexin nor any person associated with Connexin shall be liable for any loss resulting from use of the Service or otherwise in the providing or failing to provide the Service.
You shall indemnify and keep Connexin indemnified against all actions, claims, losses, costs (including all legal costs), damages and expenses that are suffered or incurred by Connexin whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms and Conditions.
13. General Provisions
1. Governing Law: These Terms and Conditions shall be governed and interpreted in accordance with English law.
2. Resolving Disputes: Please see our complaints policy (section 13) below.
3. Assignment: Connexin may assign the benefit of this agreement to any third party. You may not assign your rights under this agreement.
4. Contract Changes: Connexin may amend these terms and conditions from time to time, which notice to you may be provided by e-mail.
5. Notices. If the parties need to write to each other they must do so as follows:
* To Connexin by email by completing the Contact From on our website. All customer queries will be answered within 5 working days.
* To the customer by email or post at the address information entered during registration, or subsequently updated on-line.
14. How do I make a complaint?
Our customer service advisors are trained to resolve customer complaints as soon as they become aware of them and should be the first people you contact. If there’s anything you’re unhappy with, you can contact our team in the following ways and we will attempt to resolve your complaint as quickly as possible:
Phone
For complaints about your landline and broadband service call Connexin Member Services on 0207 14 88 777 (free from your registered Connexin landline). Call charges from other providers will vary and calls from mobiles may cost substantially more. Lines are open 8am to 5pm, Monday to Friday. Phone is the best way of making a complaint as we can log it immediately and it is the quickest way to get through to us.
Email complaints should be sent online by completing our online contact form http://www.connexin.co.uk/contact. We aim to reply to every complaint we receive online within 7 working days.
Post
Please write to:
Connexin limited
St Johns Innovation Park
Cowley Road
Cambridge
CB4 0WS
We aim to reply to every complaint we receive by post to this address within 7 working days from receipt of the complaint.
What information do I need to include?
To help us deal with your query quickly, please confirm the following information when you write to us. If this information is not included we may need to contact you directly, which will slow the progress of your query.
- Your full name
- Your Connexin Phone or Account number
And one of the following:
- Connexin Account Name
All letters will be sent to the primary billing address unless stated otherwise. Please also include the best way to contact you about your query, such as your contact phone number or contact address.
How can I take the matter further?
- If you don't feel your complaint has been resolved after speaking to one of our customer service advisors, please ask to speak to a team manager. The team manager will deal with your complaint and will then aim to contact you within 3 working days.
- If you are still not satisfied after speaking to a team manager, you may ask the team manager to escalate your complaint to our CEO's office. Please give a team manager the opportunity to resolve your complaint first before contacting the CEO's office. You can also send your complaint directly by post to the address below.
Head of Complaints
CEO’s Office
Connexin Limited
St Johns Innovation Centre,
Cowley rd, Cambridge CB4 0WS
The CEO's office aim to respond to every complaint we receive within 7 working days from receipt of the complaint. You will be assigned a dedicated person who will own your complaint and keep you fully updated.
- If you are still not satisfied after speaking with the CEO’s office, you can ask the telecommunications Ombudsman (Ombudsman Service: Communication) to independently review your complaint. Ombudsman Service: Communication will not look at cases that are less than 8 weeks old unless you have received a deadlock letter from the CEO’s office which means that there is nothing further we can do to resolve your complaint. To find out more about Ombudsman Service: Communication:
Web: www.ombudsman-services.org/communications.html
Phone: 0845 050 1614
Textphone: 0845 051 1513
Email: enquiries@os-communications.org
You can also get free advice on your consumer rights from the citizen’s advice bureau (CAB), consumer advice centre, local authority trading standards or consumer protection department. You’ll find their numbers in the local telephone directory.
Service for customers who are vulnerable or who may need specific help
We’re fully committed to helping all of our customers contact us easily.
- If your circumstances mean you are unable to raise a complaint to us yourself you can nominate someone to contact us on your behalf. When they contact us, we will get in touch with you to verify that you are happy with this.
- If you require a copy of our code of practice in an alternative format we can also supply it in braille, large print and on audio CD. To request a copy in one of these formats, please call 02071488777
15. Definitions
"Content" means the documents, software, layout, logs, marks and other elements of the Service website and messaging, other than the Customer Data.
"Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service.
"Package" means a Connexin.co.uk product option purchased via the on-line order centre.
"Privacy Policy" means the Privacy Policy on the Connexin.co.uk web site.
"Registration" means a customer agreeing to a contract for services and/or hardware by either completing an online signup form or by signing an order form.
"Service" means any service (data or telecommunications) provided by Connexin.
"Connexin" means Connexin ltd, a company incorporated under the Companies Acts registered in United Kingdom No. 05823408 and having its registered office at St Johns Innovation Centre, Cowley Rd, Cambridge CB4 0WS.