Simetric Telecom Terms and Conditions

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This document describes our standard Terms and Conditions, referred to in all Simetric Telecom contracts.

Simetric Telecom Terms and Conditions – Bundle Agreement Addendum

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This document describes the additional Terms and Conditions that apply to Bundles. This Agreement is an addendum to the standard Terms and conditions that applies for all customers.

Service Policies

Your use of our Service is also subject to our Service Policies which can be downloaded from the Simetric Support Portal knowledge base (login required) at support.simetric.net

Pricing

Full details of service pricing, call charges, equipment costs, fees and other penalties are available on request from Support or from your Account Manager. Please email support@simetrictelecom.com

Complaints Code of Practice

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Simetric services are all designed to offer great performance and a high quality experience, backed up by a pro-active Support team and monitored to clear service levels. But sometimes things can go wrong, and we take complaints very seriously. Please contact us via the normal routes as quickly as you can so that we have the opportunity to remedy any problems. If there is still reason to complain, our code of practice explains how to do this.

Terms and Conditions documents and links

Simetric Terms & Conditions of Sale

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This Agreement (“Agreement”) is between Simetric Telecom Ltd, trading under the Simetric Telecom brand name, (or as the case may be, Simetric Technology, the company set out in a sales order form) (referred to as “Simetric Telecom”) and you and consists of these terms & conditions as (updated from time to time and available at www.simetrictelecom.com ) and a sales order form which has been accepted in writing by us (the “Order”).

This Agreement governs the supply of communications equipment, technology and services (including numbers) (“the Services”) supplied by Simetric Telecom to you.

In this Agreement, “you” and “your” means you, the customer of the Services, and “Simetric Telecom”, “we”, “our” and “us” means Simetric Telecom, and any Simetric Telecom companies authorised to provide you with the Services.

By submitting your sales order form to us or by registering for, enrolling in, activating, using, or paying for the Services, you agree to these terms and to the prices, charges, licence or other supplementary terms provided to you with respect to the Services, including those product or service specific terms or licences defined on the Order, or as available on www.simetrictelecom.com (or otherwise provided to you) all of which are incorporated into this Agreement by reference.

Where equipment to be comprised in the Services is to be rented or leased to you, the terms of our rental agreement must be signed by you and shall be incorporated into and supplement this Agreement. The terms of our rental agreement are set out at www.simetrictelecom.com.

Where equipment to be comprised in the Services is to be subject to on site maintenance, the terms of our maintenance agreement must be signed by you and shall be incorporated into and supplement this Agreement. The terms of our on site maintenance agreement are set out at www.simetrictelecom.com.

Where Services to be provided include hosted applications or other IP services, our Hosted Services Terms shall be incorporated into and supplement this Agreement. Hosted Services – Supplemental Terms are set out at www.simetrictelecom.com.

Unless otherwise agreed by us in the Order, where Services consist of communications services or calls and line rental, then, the Initial Term (as defined at clause 2.1 below) shall be a minimum of 36 months.

1.Acceptance of Orders

All quotations made, and price or product lists supplied by us are subject to withdrawal and alteration without notice and do not constitute an offer to supply the Services.

No Order submitted by you shall be deemed accepted until we have confirmed it in writing.

No Order which has been accepted by us may cancelled by you except with our written agreement. We reserve the right to accept or refuse sales order forms.

You will be responsible for ensuring the accuracy of the terms of any Order (including the detail of the order form) and for giving us all necessary information within a sufficient time to enable us to perform the Services.

2. Services

2.1 Initial Term

Other than for the purchase of equipment, the Services are to be provided for the period set out in the Order, or if no such period is specified then for a minimum term of 36 months which period begins on the date that we first supply the Services (“the Initial Term”). Subsequent terms of this Agreement will automatically renew on a 3 monthly basis without further action by you unless you give us notice of non-renewal.

If you terminate Services prior to the end of the Initial Term, you will be responsible for charges to the date of termination, including without limitation unbilled charges, plus any disconnection fees or early termination fees (as applicable), all of which shall immediately become due and payable. Details of applicable disconnection fees or early termination fees are set out in the Order or at www.simetrictelecom.com. We may waive disconnection fees or early termination fees if we enter into a new agreement with you for a comparable service.

Expiration of the term or termination of the Services does not excuse you from paying all unpaid, accrued charges due.

Upon termination of this Agreement your rights of use of the Services shall cease.

2.2 Installation

No work or materials other than as set out in an Order will be supplied or fitted. We shall not be responsible for any damage to the premises at which the Services are to be installed (“the Premises”) and we do not undertake to determine if the Premises are suitable for installation of the Services.

You will provide us and our workmen with access to the Premises at all reasonable times so that we may complete the installation of the Services in accordance with the Order.

You will allow the free use of any services supplied to the Premises for the purpose of carrying out the installation.

You must clear and make ready for the installation of the Services at the Premises on the due date. Where you fail to do so, you will incur our proper charges for this work. We are not obliged to carry out any structural alteration or building work. We are not responsible for and will not undertake any wiring, electrical, plumbing or heating work except to the extent that any such work is necessary for the proper installation of the Services.

Unless and except to the extent expressly agreed otherwise. We will not undertake any decorating work and will not be responsible for any damage caused to plastering, tiling or decorations

The safety of all materials left on site and part completed installation shall be your responsibility. You will be liable for any theft, accidental, malicious or negligent damage and you will ensure the provision of adequate insurance to cover any loss thereby caused.

2.3 Standard of Services

In performing our obligations under this Agreement we shall do so at all times by exercising the reasonable skill and care of a competent provider of communications equipment, technology and services.

We will use our reasonable endeavours to ensure the Services conform to any service description or service levels we provide in respect of such Services.

Except as expressly set out in this Agreement, all warranties, representations or agreements with respect to the Services, whether written or oral and whether express or implied either by law or by custom and practice are excluded to the extent permissible at law.

2.4 Use of the Services

You agree to use the Services only for lawful purposes. You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (i) interferes with our ability to provide service to you or our other customers; or (ii) avoids your obligation to pay for communication services.

You agree not to use the Services for transmitting or receiving any communication or material of any kind when in our sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable law or offend public sensibility; or (ii) encourage conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable law or offend public sensibility.

If we, in our sole discretion believe that you have violated any of the restrictions in this clause, we may forward the objectionable material and any personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

You are liable for any and all such use of the Services by you or any person making use of the Services and you agree to indemnify us against any and all liability for any use of the Services.

We reserve the right to terminate the Services immediately and without advance notice if we in our sole discretion, believe that you or someone else making use of the Services has violated any of the restrictions set out in this clause. We may also in such circumstances immediately suspend or restrict the Services without advance notice.

We may from time to time and with as much as notice as reasonably practicable in the circumstances suspend the Services for the purposes of upgrading, modifying or maintenance of the Services or due to overriding emergency procedures or due to legal requirements or if we reasonably believe that you are acting in default of or intend to act in default of your obligations under this Agreement.

2.5 Theft or Fraudulent Use of Services

You agree to notify us immediately, if the Services (or any equipment forming part of the Services) is stolen or if you become aware at any time that the Services are being stolen or fraudulently used. Failure to do so in a timely manner will result in the termination of your Services and additional charges to you. Until such time as we receive notice of the theft or fraudulent use, you will be liable for all use of the Services stolen from you and any and all stolen Services or fraudulent use of the Services. We enforce by default configuration a set of security policies and recommendations and it is your responsibility to ensure these are complied with. We may, where we suspect theft of the Services or fraudulent use of the Services, immediately suspend or restrict the Services without advance notice.

3. Ownership and Risk of Loss

Unless any equipment comprised in the Services are the subject of a rental agreement with us, to which the provisions of our rental agreement will additionally apply (as such terms are available from us in writing or as set out at www.simetrictelecom.com), then notwithstanding delivery or installation of the Services, title to any equipment comprised in the Services shall remain with us until all charges due to us from you have been paid in full. Until such time as title to any equipment comprised in the Services passes to you, you shall permit us (or our agents) at any time to enter onto your premises to recover any such equipment and agree to indemnify us in respect of all loss damage or claims arising in respect of such equipment.

4. Intellectual Property Rights

In this clause the term “Intellectual Property Rights” means all copyright, trademarks, design rights, patents, domain names and other intellectual property rights arising in respect of the Services, and in whatever media, whether or not registered or capable of registration or applications or extensions of such rights any where in the world”

The Services including any equipment, any firmware or software provided to you in conjunction with the Services and all information, documents and materials provided by us are protected Intellectual Property Rights. All Intellectual Property Rights of Simetric Telecom (or our third party suppliers) are and shall remain the exclusive property of Simetric Telecom (or our third party suppliers) and save as permitted in this Agreement you shall have no right or license to use or sub licence any such Intellectual Property Rights.

You acknowledge that you are not given any license to use the Intellectual Property Rights of Simetric Telecom (or our third party suppliers ) other than a non-transferable, revocable license to use such Intellectual Property Rights (without making any modification thereto) strictly in accordance with this Agreement and solely for the purposes of this Agreement.

You will indemnify Simetric Telecom (or our third party suppliers) against any and all liability arising out of your unauthorised use of the Intellectual Property Rights.

5. Numbers

Any telephone numbers provided by us to you for the purpose of using the Services (“Numbers”) shall be leased and not sold. You shall not obtain any rights, title or interest in the Numbers. You are not to use the Numbers with any other equipment, other than equipment comprised in the Services without our prior express written permission.

6. Termination

By you:

If you terminate the Services before completing the Initial Term, you will be charged disconnection fees or early termination fees. Termination may take up to thirty days to become effective. You will be charged for any remaining periodic or usage charges after contacting us to terminate the Services.

By us:

We reserve the right to discontinue Services without incurring any liability, immediately and without notice if we determine that such action is necessary to prevent or to protect against fraud or to otherwise protect our personnel, agents, facilities, or services to other customers. Without limitation, we may take such actions if:

a. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of communications services, or your planned use of the Services;

b. You indicate that you will not comply with a request for security for the payment for Services;

c. Your Services usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible misuse of the Services or fraud;

d. You use, or attempt to use, Services with the intent to avoid the payment, either in whole or in part, of the charges for the Services by (i) using or attempting to use Services by rearranging, tampering with, or making connections to Services in an unauthorised manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or equipment;

e. You act, or fail to act, in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate your legal obligations;

f. You were previously provided with notice of breach of contract, took corrective action, but thereafter engage in the same breach activity; or

g. You act in a manner that is threatening, obscene, harassing, or abusive to our personnel or third parties.

We reserve the right to discontinue the Services, without incurring any liability, immediately upon written notice to you if:

a. Any invoice charges remain outstanding; or

b. You fail to comply with our requests for security for the payment for Services.

The discontinuance of Services by us pursuant to these provisions does not relieve you of any obligation to pay us for charges due and owing for Services supplied up to the time of termination or in respect of any disconnection fees or early termination fees.

7. Billing and Payment

Except as otherwise agreed in writing by us (including in respect of any rental of equipment), the price for any equipment comprised in the Services shall be paid in full upon receipt by you of notice that the equipment is ready for delivery or installation, unless you are an account customer, in which case payment is required within fourteen days of the date of our invoice, or as agreed on the Order.

We may charge you for services subscriptions, SIM cards, line rental, fixed and mobile broadband, voice services, wifi services monthly in advance and for call and data charges in arrears.

You will be invoiced from the point of Service activation. You will be provided with a Service activation date which will be no more than 6 weeks from Order acceptance and signing.

Except as otherwise agreed in writing by us, Payment for Services is due within 14 days of date of our invoices.

Payment shall be deemed to be made only when cleared funds have been received by us and our bank account credited.

In addition to any other remedies available under law, if any charges are due but unpaid for any reason we may suspend or terminate any or all of the Services and we may charge you interest (both before and after any judgment) on the amount unpaid, on a daily basis and on the basis of a year of 365 days at the rate of 4 %per annum above National Westminster Bank plc base rate from time to time until payment in full is made).

No termination of the Services or of this Agreement shall relieve you from paying any amounts due hereunder.

All charges shall be exclusive of Value Added Tax and any other taxes from time to time in force.

We may apply a credit limit to the provision of the Services and require you to provide security for payment of the Services.

8. Modifications

We may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective no sooner than 14 days after we post them on www.simetrictelecom.com or otherwise provide written notice to you of such changes.

If we increase any periodic or usage charges for which you are liable for under this Agreement or we modify a material term of this Agreement and the modification would be materially adverse to you, you may terminate the Services without paying an applicable disconnection fees or other early termination fees (which is your only remedy) by following the cancellation instructions in the notice we provide of the relevant modification. If you do not terminate the Services by following the instructions in the notice, then you agree to be bound by the increase or modification.

Notwithstanding the above, we reserve the right to make any changes to the Services which are required to conform to any applicable safety or other statutory requirements or which do not materially affect their quality or performance.

9. Indemnity

You agree to defend, indemnify, and hold us and any other third party who supplies Services to you in connection with this Agreement, harmless from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees) by, or on behalf of, you or any third party or user of your Services, relating to or arising out of the Services or this Agreement. This paragraph shall survive termination of this Agreement.

You agree that we should not be responsible for any third party claims against us that arise from your use of the Services. Further, you agree to reimburse us for all costs and expenses related to the defence of any such claims, including legal fees, unless such claims are based on our wilful misconduct or gross negligence. This provision will continue to apply after the Agreement ends.

10. Claims and Liability

By activating, using or paying for the Services, you agree that you have read this Agreement and understand the limitations described in this clause.

We will use our reasonable endeavours to deliver the Services in accordance with the Order.

We will, except as excluded by or in this Agreement, make good, free of charge, any defects which under proper use appear in the Services, within a period of 12 months of first use or after installation of the Services (whichever is the later) and which are due to faulty materials, provided there has been no maltreatment or misuse thereof and provided further that we are notified in writing immediately such defects appear. Under no circumstances shall this provision replace any maintenance services to be provided by us the (whether provided under this Agreement or a separate maintenance agreement).

Notwithstanding the above, we shall have no liability at any time: in respect of (i) any defect arising from any drawing, design or specification supplied by you; or (ii) any defect appearing in the Services, or any component part of the Services, which is due, or partly due, to the material of which the same is made, its design or any method of manufacture or process of treatment applied by any person other than us, or as specifically requested by you, in which case you will be entitled to the benefit of such warranty or guarantee only as is given by the manufacturer to us (iii) any defect in the Services arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, maltreatment, misuse or alteration, or repair of the Services without our approval in writing; or (iv) any alleged defect in the Services following discovery of which you continue to use the Services without material interruption.

Except as excluded above, where the Services are defective for any reason, including negligence, our liability (if any) shall be limited (subject to the final paragraph of this clause) at our sole discretion to: (i) replacing the Services; (ii) rectifying such defects at our own expense; or (iii)granting you a full or partial refund and/or credit note for the appropriate part of the charges in which case (subject to the final paragraph of this clause) we shall have no further liability to you.

Subject to the final paragraph of this clause, we shall not be liable to you under the terms of this Agreement, or by reason of any breach of any of the foregoing, for: (i) any loss of profits or anticipated savings, or any loss of revenue, contracts or goodwill; nor (ii)any special,indirect or consequential loss, damage, costs or expenses or other claims for special, indirect or consequential compensation whatsoever (whether or not we had been advised of the possibility of any such loss, damage, costs, expenses or other claims occurring); nor (iii) any sum or sums to the extent that they exceed the value of the Services.

Any suggestions or recommendations by us for any person to act as an installer of the Services is made in good faith but without any responsibility on our part. No such installer shall be regarded as our agent for any purposes whatsoever.

We will have no liability whatsoever for any unauthorised access, damages or modifications to, or loss or destruction of, any of your software, files, data or peripherals or for copyright, trademark, patent, trade secret or other intellectual property infringement.

We shall not be liable for any delay or failure to provide the Services, or any interruption or degradation of voice quality that is caused by any of the following:

(i) act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; (ii) act or omission of you or any person using the Services; or (iii) any other cause that is beyond our reasonable control, .

Further, Simetric Telecom shall not be liable to you or others for any damages arising from the content of any data transmission, communication or message transmitted to or received by you (whether read or unread, solicited or unsolicited), or losses resulting from any goods or service purchased or messages received or transactions entered into through the Services.

Nothing in this Agreement shall exclude our limit our liability for death or personal injury as a result of our negligence or our liability resulting from our fraud or any other liability which cannot be excluded by law.

11. Manufacturer Warranties for Equipment

If you received any equipment as part of the Services and such equipment includes a warranty from its manufacturer at the time of receipt, you must refer to this separate warranty document for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.

12. General

Dispute Resolution & Governing Law

You agree that you will first negotiate with us in good faith to settle any claim or dispute between you and us in any way related to or concerning the agreement, or our provision to you of the Services (“claim”). You must send a written description of your claim to us.

This Agreement is subject to the laws of England and to the exclusive jurisdiction of the English Courts.

No Third Party Beneficiaries

Save as provided with respect to our third party suppliers in this Agreement, no provision of this Agreement provides any person or entitles any party not a party to this Agreement with any remedy, claim, liability, right of reimbursement, or cause of action or creates any other third party beneficiary rights.

Matters Beyond Our Control

We will not be responsible to you for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labour disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for the Services supplied.

Assignment

We may assign all or part of our rights or duties under this Agreement without notifying you, and without such assignment being considered a change to the Agreement. In such cases, Simetric Telecom will have no further obligations to you. You may not assign this Agreement or the Services under any circumstances without our prior written consent. Subject to these restrictions, this Agreement will bind our successors, subcontractors, and assigns, who will receive its benefits.

Notices

We may send notices to you at the e-mail address specified by you in the Order or as subsequently notified by you to us (“mail address”). You are responsible for notifying us of any mail address changes. You agree that sending a message to the mail address is an agreed means of providing notification pursuant to this Agreement. The mail address will be used by us to communicate important information about the Services.

Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

Entire Agreement

This Agreement, along with our rates and related terms concerning the Services as set out at our website constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals concerning the supply of the Services, including representations, whether written or oral. This Agreement can only be amended as provided herein. No written or oral statement, not expressly contained in or referred to in this Agreement will be allowed to contradict, explain, or supplement it.

You represent that you may legally enter into this Agreement, have reviewed this Agreement and have read and clearly understand its terms. You are responsible for all charges incurred by any person you authorise to access or allow to use the Services.

Confidentiality

We undertake to you and you undertake to us to keep all confidential information of each other, secret and confidential and only to use such confidential information in accordance with this Agreement and in particular not to use, copy, adapt, alter or part with possession of, or disclose to any other third party any confidential information provided that the party receiving confidential information shall not be prevented from using or disclosing the same to the extent that it is in or comes into the public domain (otherwise than through the default or negligence of the receiving party), or to the extent that its disclosure is required by law.

Privacy Policy

You authorise us to use and disclose, in the UK and abroad, information about you and your use of the Services and how you conduct your account with us for the purposes of operating your account, the direct marketing to you of Simetric Technology group company products or services or as required under law. If you do not wish to receive direct marketing information, then please write to us and we will amend our records accordingly.

Simetric Telecom Terms and Conditions – Bundle Agreement Addendum

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Agreement and Order
This Agreement (“Agreement”) for the sale of a Bundle of services including phone calls, SMS messages and internet data (“Bundle”) is between Simetric Telecom Ltd, trading under the Simetric Telecom brand name, (or as the case may be, Simetric, the company set out in a sales order form) (referred to as “Simetric Telecom”) and You, and consists of these terms & conditions as (updated from time to time and available at www.simetrictelecom.com ) and may also include a sales order form (the “Order”). If You request or add a Bundle to one of your accounts using our website or our web interface (“API”) we will also treat that as a sales Order for a Bundle.

In this Agreement, “you” and “your” means you, the customer of the Services, and “Simetric”, “Simetric Telecom,” “we,” “our,” and “us” means Simetric Telecom, and any Simetric Telecom companies authorised to provide you with the Services.

By submitting your sales order form to us or by registering for, enrolling in, activating, using, or paying for the Bundle, you agree to these terms and to the prices, charges, licence or other supplementary terms provided to you with respect to the Bundle, including those product or service specific terms or licences defined on the Order, or as available on www.simetrictelecom.com (or otherwise provided to you) all of which are incorporated into this Agreement by reference, and by continuing to use our services you confirm acceptance of any changes that we may make to this Agreement.

Definition
A Bundle is an allowance of call minutes, SMS messages and megabytes (MB) of data that is available as an addition to some of our telecoms Services for an individual Subscriber, including mobile and business PBX services, as defined in our product specifications.
A Bundle can be added to a subscriber where a subscriber has an ongoing monthly subscription for a telecoms Service, such as a mobile subscription, and is only valid while that Service is in place. Not all Bundle types may be available to all customers, nor for all combinations of products and services. A Bundle may not be used in conjunction with other offers or discount schemes.

Types
Reseller and retail Telephony Bundles
These bundles apply to packaged mobile and hosted PBX products, such as Mobile-X and Connect Xpress.
Unless otherwise agreed by us in writing, a Telephony Bundle will normally include calls, voicemails and messages to 01, 02, 03 and 07 major mobile network numbers (Orange, EE, Vodafone, O2, Three, BT, T-Mobile); calls to 05, 07, 08, 09 service or premium numbers are excluded from bundles. A Bundle may also include an allowance for data usage on the mobile network. Not all service types (call or message destinations, or data usages) may be included in a Bundle, and roaming services are excluded unless a Bundle explicitly includes roaming.

Wholesale partner Mobile Network Bundles
These bundles apply to wholesale mobile interconnect services, such as Mobile-X Interconnect.
Unless otherwise agreed by us in writing, a Mobile Network Bundle will normally include transit calls and messages across our network to and from the mobile network to the partner network.
PSTN termination for calls and messages is not normally within the scope of interconnect services, and so is excluded from bundles unless otherwise agreed by us in writing. A Mobile Network Bundle may also include an allowance for data usage on the mobile network. All roaming services are excluded from these Bundles.

Fair use policy
We may exclude from your inclusive Bundle allowance any calls or messages which we reasonably believe are being used for forwarding services, onward calling services or numbers that pay a revenue share. Bundles are designed and priced to allow customers and their subscribers to manage their usage and monthly spend but are not designed for subscribers to use exactly the bundle amounts in every month of the bundle contract. Simetric reserves the right to terminate Bundles for subscribers who consistently use the exact amount of the Bundle allowance (to the nearest 0.5%) for calls or data in more than three consecutive months.

Sharing and Rollover
A Bundle cannot be shared between users and cannot be transferred between customer groupings, subscribers, numbers or services. A Bundle that is applicable to a mobile Service is for usage by a single device containing our SIM card, and may not be shared across multiple connected devices, for instance in tethered devices or gateways.

The usage allowance for a Bundle does not rollover to the following month and cannot be spread across months. Bundle allowances are per calendar month, are reset each month and are calculated on a month by month basis.

Term and Termination
All bundles have a minimum Initial Term. Unless otherwise agreed by us in the Order, the Initial Term is a minimum of 12 months which period begins on the date that we first activate the Bundle (“the Initial Term”) and runs to the termination date. Subsequent terms of this Agreement will automatically renew on a 1 monthly basis without further action by you unless you give us notice of non-renewal.

If you terminate the Bundle prior to the end of the Initial Term, you will be responsible for charges to the date of termination, including without limitation unbilled charges, plus any disconnection fees or early termination fees (as applicable), all of which shall immediately become due and payable. Termination may take up to thirty days to become effective. Early termination discounts are not available. Non-payment, direct debit cancellation and requests to port numbers away will not in any way release customers or their subscribers from their obligations to the terms of the Bundle.

Bundles may not be downgraded (switched to a lower cost or shorter term Bundle) within the Initial Term but may at our discretion be upgraded within the Initial Term. An upgrade to a Bundle, for instance to a larger inclusive allowance, cannot be applied retrospectively in any given month, and will only be applicable to the next monthly cycle. If a Bundle is upgraded You will enter into a new Agreement for a Bundle, and a new Initial Term will commence on the date of activation of the new Bundle Agreement.

We may at our discretion waive disconnection fees or early termination fees if we enter into a new agreement with you for a comparable or upgraded service. Expiration of the term or termination of the Bundle does not excuse you from paying all unpaid, accrued charges due.

Upon termination of this Agreement your rights of use of the Bundle shall cease.

We reserve the right to discontinue the Bundle, without incurring any liability, immediately upon written notice to You if:
a. Any invoice charges remain outstanding; or
b. You fail to comply with our requests for credit security for the payment for Bundles; or
c. You fail to comply with other terms of the Agreement.

The discontinuance of Services by us pursuant to these provisions does not relieve you of any obligation to pay us for charges due and owing for Services supplied up to the time of termination or in respect of any disconnection fees or early termination fees.

Billing
Bundles are charged as a monthly cost per subscriber for an inclusive free to use allowance of call minutes, SMS messages and megabytes (MB) of data usage within each calendar month. In each calendar month only the inclusive allowance for that Bundle is free of charge. Any usage over the total allowance is classified as out of bundle usage and is charged at a separate out of bundle rate. Any part of the allowance that is unused at the end of the month is lost and cannot be transferred in any way nor carried forward into a future month nor refunded or credited.

In each month for which a valid Bundle was subscribed, we calculate usage of the Bundle by decrementing each individual item of usage (call, SMS or internet data session) from the total allowance for the Bundle. All calls will be rounded up to the nearest minute for the purposes of calculating both in Bundle and out of Bundle usage. Text messages that are longer than 155 characters (a single standard SMS less its control characters) will count as more than one message for the purposes of calculating Bundle usage. Data usage will be calculated to the nearest 10KB of each data session for the purposes of calculating Bundle usage. In the event that we are unable to process some services in the month to which the Bundle applies, we may roll these services into the next month.

A Bundle allowance becomes usable only on the day that we activate it, and may not be pre-ordered, pre-activated, delayed, deferred or back-dated in any way. A Bundle becomes chargeable immediately it is activated and will then run for its full Term. You will be invoiced from the first day of Bundle activation.
A Bundle may start from any date and any day in the month, but will be aligned to your normal billing cycle by use of pro-rata charging in the first and last months of charging. Where we pro-rate the charge for a Bundle because the activation is other than on the 1st of the month, we will also pro-rate the allowance contained in the Bundle for any pro-rated month at a rate of 1/30th of the allowance for each day to be included pro-rata.

Charges for a Bundle and any out of bundle usage will be invoiced, and appear, on your monthly bill in the normal way, meaning that the charge for the Bundle will normally be billed in advance for the coming month, while any out of bundle usage calculated during the billing cycle will be billed in arrears for the month just gone.

Each Bundle is offered on an uncapped basis, and we do not provide a usage checking service. It is up to partners, customers or subscribers to track and manage usage. We do not cap or alert on usage or Bundle limits but we do provide hourly CDR feeds which partners and customers may use to calculate cumulative usages.

Payment
Payment for a Bundle must be made at the same time as your normal monthly payment and on the same terms as the Agreement for the Services for the subscriber for whom the Bundle Agreement has been made.

Bundles are only available to customers paying by direct debit and who are within their terms of credit. Payment for a Bundle shall be deemed to be made only when cleared funds have been received by us and our bank account credited.

We may apply a credit limit to the provision of the Bundles or Services and require you to provide security for payment of the Services.

If at any time you fail to make payments within the normal payment terms defined by your Agreements with us, which is normally 30 days from date of invoice, in addition to any other remedies available under law, we may suspend or terminate your Services, or your Bundles without notice, or move your service to a standard retail usage tariff.

If any charges are due but remain unpaid for any reason at any point we may charge you interest under our standard terms.

No termination of the Bundle or of this Agreement shall relieve you from paying any amounts due hereunder.

All charges shall be exclusive of Value Added Tax and any other taxes from time to time in force.

Modifications
We reserve the right to replace, amend or withdraw at any time: any of the Bundle products (in whole or in part); the charges for a Bundle; the out of bundle charges; the inclusive allowances of a Bundle; or these terms, on reasonable notice. We will send notices to email contacts registered on our support system, and on our website, and we will give you at least 30 days notice if we make any significant changes to your disadvantage. If you continue to use the Bundles after the date on which the change comes into effect, your use of the Bundles indicates that you have agreed to the changed terms.

If we increase any Bundle charges for which you are liable for under this Agreement or we modify a material term of this Agreement and the modification would be materially adverse to you, you may terminate the Bundle without paying an applicable disconnection fees or other early termination fees (which is your only remedy) by following the cancellation instructions in the notice we provide of the relevant modification. If you do not terminate the Bundle by following the instructions in the notice, then you agree to be bound by the increase or modification.

Notwithstanding the above, we reserve the right to make any changes to the Bundle which are required to conform to any applicable safety or other legal or statutory requirements or which do not materially affect their quality or performance.

Complaints Code of Practice

Please review the attached document to see how to make a complaint or to talk to our Alternative Dispute Resolution service.

link to Complaints Code of Practice

Skyrack Telecom Terms and Conditions (ARCHIVED)

EFFECTIVE 01/07/2016 SKYRACK TECHNOLOGY LTD, T/A SKYRACK TELECOM, CHANGED COMPANY NAME TO SIMETRIC TELECOM LTD. ALL CONTRACTUAL TERMS, SERVICE DESCRIPTIONS AND OPERATIONAL POLICIES TRANSFER WITHOUT CHANGE FROM SKYRACK TECHNOLOGY LTD TO SIMETRIC TELECOM LTD. CLICK HERE TO VIEW THE DISCONTINUED, ARCHIVED TERMS AND CONDITIONS DOCUMENT.