These terms and conditions (“Agreement”) shall govern the contractual relationship between Elisha Telecom (“We” or “Us”) and the individual or organisation seeking the provision of Goods or Services (“You” or “Your”).
Revisions:
Any renewal of the Services will be subject to our prevailing Conditions at the time.
Transaction Cancellation:
This Agreement becomes effective once we have successfully completed various tests, including but not limited to service coverage area assessment, hardware compatibility, telephone line evaluation, and activation checks. If these tests confirm the feasibility of providing the Service(s), the Agreement will commence on the Start Date. However, your obligations regarding Goods will commence upon your receipt of said Goods. Once a purchase order is confirmed, Goods cannot be cancelled.
Security:
You are responsible for maintaining the security and confidentiality of your account at all times. We are not liable for unauthorised calls made using your account. Any costs resulting from unauthorised use of your account are your responsibility. Strong password practices are recommended, such as using a minimum of 7 characters, a mix of numbers, letters, and special characters that are not easily guessable. Use caution when sharing details on public networks where interception may occur. If you employ servers (on-premises or in the cloud), a PBX, or other VoIP hardware, ensure passwords, including extensions, are secure. We may conduct security checks on your hardware or devices to mitigate external attack (hacking) risks.
Services:
We will provide you with Cloud-based communications-related services and/or related products and services tailored to your requirements, focusing on service quality and reliability. In the event of network failures or malfunctions, we will rectify issues promptly.
However, we do not guarantee:
- Error-free service
- Up-to-dateData backup; reasonable actions will be taken for disaster recovery data copies
- Unscheduled service suspension for repair, maintenance, or improvement
- Service unavailability due to events beyond our control, such as calamities, power disruptions, ISP failures, or broadband connection issues.
Sale of Goods:
Ownership of the Goods transfers upon delivery, but they remain our property until full payment is received. You must store Goods in a way that identifies them as our property. You may not damage, deface, or obscure any identifying marks or packaging. Charges relating to Goods should be communicated in writing to us.
Tax and Duties:
VAT is applicable at the prevailing UK rate of 20% for ALL UK orders. Goods delivered outside the UK are VAT-exempt, and you are responsible for local tax and duty payments.
Returns Policy:
We are not liable for Goods lost or damaged during transit. If Goods are defective or damaged, promptly notify us via email for a Returns Document. Return Goods within 7 days of receipt with a completed Returns Document, and ensure original packaging is intact. Faulty Goods will be repaired or replaced under warranty, and incurred postal charges will be reimbursed.
Indemnity:
You will indemnify us against claims, damages, costs, and liabilities related to your use of Services and/or Goods.
Termination:
Services paid annually or monthly are subject to a pre-agreed contract period with a minimum of twelve (12) months. Elisha Telecom can terminate or suspend Services with written notice if you breach terms, fail to pay dues, face insolvency, or violate regulatory requirements.
In the event that you wish to terminate the contract prior to its scheduled completion, you acknowledge and agree to the following terms:
- Notice Period: You shall provide written notice of your intention to terminate the contract in advance, specifying the desired termination date. The notice period shall be no less than 30 days from the date of notice.
- Pre-Termination Fee: Upon receipt of your termination notice, you shall be liable to pay a pre-termination fee, which shall be calculated as a percentage of the remaining contract value for the unexpired term. The exact percentage shall be determined based on the total duration of the contract and the notice period provided.
- Payment of Outstanding Obligations: In addition to the pre-termination fee, you shall settle any outstanding payments, fees, or charges owed to Elisha Telecom up to the date of termination.
- Return of Goods: Any Goods provided to you under the contract shall be returned to Elisha Telecom in their original condition, fair wear and tear excepted, within fifteen (15) days from the termination date. Failure to return the Goods within the stipulated timeframe may result in additional charges.
- Discontinuation of Services: Upon pre-termination, access to the Services shall cease on the agreed termination date, and Elisha Telecom shall have no further obligation to provide any services under this contract.
- No Refund: No refund or credit shall be issued for any prepaid fees or charges, including but not limited to the pre-termination fee, unless otherwise agreed upon in writing by Elisha Telecom.
- Effect on Rights and Liabilities: The termination of this contract, whether pre-termination or upon expiration, shall not affect the rights and liabilities accrued up to the termination date, including any obligations related to indemnity, confidentiality, or disputes.
By opting for pre-termination, you acknowledge and agree to abide by the terms outlined in this clause. Elisha Telecom reserves the right to withhold any services or Goods until all outstanding obligations have been fulfilled.
Non-Disclosure Agreement:
As part of providing services to our clients, Elisha Telecom and its clients may share certain confidential information, the Parties hereby agree to maintain strict confidentiality and not to disclose, reproduce, or otherwise disseminate any confidential information provided by either Party, except as required by law or with the express written consent of the disclosing Party. This Agreement shall remain in effect for for the duration of the contract period with Elisha Telecom plus two years and shall apply to all forms of confidential information exchanged between the Parties. Upon expiration or termination, the Parties shall promptly return or destroy all confidential information received. Any breach of this Agreement may result in legal remedies and equitable relief.
Eligibility:
By agreeing with this terms and conditions, both parties confirm that they possess the legal capacity and authority to do so in accordance with applicable laws. The contracting parties further warrant that they meet any age or legal requirements necessary to engage in this agreement. Should it be discovered at any point that a party lacks the requisite capacity or eligibility, the other party reserves the right to terminate this contract with immediate effect.
Service Modification:
Service interruptions may occur for fault correction or maintenance. We may modify or discontinue service with or without notice, and we are not obliged to support or update the service.
Use of Service:
Services must not be used for unlawful or illegal purposes. You agree not to cause damage to communication or data systems. Indemnification is required for any liability arising from violations.
Jurisdictional Issues:
Elisha Telecom’s Service may not be suitable for all locations. Users accessing the Service from other locations must comply with local laws.
Code of Practice for Complaint and Dispute Resolution:
To resolve complaints about sales, charging, or service, contact Elisha Telecom via phone or email. Written complaints can be sent to specified addresses. We assure privacy during complaint discussions.
Elisha Telecom – Europe:
Elisha Telecom Ltd.
Level 18, 40 Bank Street,
Canary Wharf, London, E14 5NR,
United Kingdom.
Tel: +44 (0) 20 7100 1114
Elisha Telecom – APAC:
Elisha Telecom Group Inc.
Towers Business Center, 11th Floor,
Cyber One Building, Eastwood City Cyberpark,
- Rodriguez Jr. Avenue, Bagumbayan,
Quezon City 1110, Philippines.
Tel: +63 2 7505 8739
Email: info@elishatelecom.com