Service Terms

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern HJS Technology Ltd’s relationship with you in relation to this website.

The term “HJS Technology Ltd” or “us” or “we” refers to the owner of the website whose registered office is 12-14 Carlton Place, Southampton, Hampshire. Our company registration number is 06164483 (registered in England). The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without HJS Technology Ltd’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England.

1. Payment Terms

Charges for our work will be invoiced promptly with payment terms shown on each invoice.

If payment is not made in accordance with these terms, HJS Technology Ltd reserve the right to charge interest on all amounts overdue at 5% above the Bank of England base rate in force at the time the amounts are overdue.

2. Targets

All forecasts for ‘deliverables’, are estimated in good faith using experience and judgment and do not constitute a guarantee.

3. Training

HJS Technology Ltd ensures that any person or persons dealing with technical issues has appropriate training for the task before any call is carried out.

4. Termination for Breach

HJS Technology Ltd shall be entitled to determine this agreement forthwith on: –

Failure on the part of The Client to make punctual payment of all sums due to HJS Technology Ltd.

The levying of any distress or execution against The Client or the making by The Client’s liquidation (other than a member’s voluntary liquidation).

Doing or permitting of any act by which HJS Technology Ltd’s rights in any intellectual property are prejudiced into jeopardy.

5. Force Majeure

HJS Technology Ltd shall not be held liable for failure of or delay in performing its obligations under this Agreement if such failure or delay is the result of an act of God, such as earthquake, hurricane, tornado, flooding, or other natural disaster, or in the case of war, action of foreign enemies, terrorist activities, labour dispute or strike, government sanction, blockage, embargo, or failure of electrical service. The non-performing party must make every reasonable attempt to minimise delay of performance. In the event force majeure continues longer than 120 days, HJS Technology Ltd or the client may terminate the Agreement.

6. Professional Standards

In rendering IT and Communication services, HJS Technology Ltd shall comply with all statutory requirements and regulations in force at the time the services are performed.

7. Confidentiality

HJS Technology Ltd shall, during and after a customer’s tenure, take all reasonable steps to ensure that all proprietary and confidential information supplied by a customer to HJS Technology Ltd, its employees, agents or subcontractors is not disclosed to any third party, except to the extent necessary for HJS Technology Ltd to deliver its services by agreement.

HJS Technology Ltd shall comply with Data Protection legislation. We will ensure that all our staff members involved in processing the personal information of you or your employees have signed a confidentiality agreement and we will take appropriate measures to ensure the security of processing.

HJS Technology Ltd will assist customers in providing subject access and allowing data subjects to exercise their rights under Data Protection legislation.

We will delete or return all personal data to customers (who are the data controllers) as requested, at the end of the contract. We will submit to audits and inspections.

8. Ownership

Ownership and all copyright of ideas, methodologies and manner of presentation (including briefs, proposals and reports) are the property of HJS Technology Ltd.

9. Proper Law

This agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England.

10. Soliciting Staff

The Client shall not, for a period of 12 months following cessation of this agreement, cause, encourage or assist any of HJS Technology Ltd employees to leave its services or to do anything which if done by The Client would be a breach of this agreement.

Background

This statement describes how HJS Technology Ltd, the data controller, collects, uses and protects your information.

How we collect your information

The information we hold about you comes from the way you engage with us, such as online through our website, via email, the post or over the telephone. We collect your information from the information you submit through our website, from information supplied by you (or your employer) to enable us to deliver services to you, and information provided during our business transactions and correspondence.

We may also obtain your information from publicly available sources such as Companies House or LinkedIn.

The type of information we hold

The information we hold will include name, business address, contact telephone numbers, email address.

How we use your information

We process personal data to:

· Provide you with information you have requested;

· Deliver the services you (or your employer) has requested; and

· Invite you to events.

We also use this personal data to contact you about other HJS services and offers that we believe may be of interest to you. You can opt-out of such contacts at any time by emailing techadmin@hjssolutions.co.uk

Who we will share your information with

We will not share personal information about you with external third parties without your consent unless the law allows us to. We are required, by law, to pass on some of this personal data to:

· Our suppliers who are involved in delivering the supply chain;

· HMRC; and

· DWP.

Storing your information

Your personal information will be stored on systems owned or operated by HJS Technology and will only be stored inside the European Economic Area (EEA), or a country approved by the EU.

Within HJS Technology Ltd your information will be stored on our secured systems in accordance with the HJS Technology’s Information Security Policy. Where your information is stored in countries outside the EEA or a country approved by the EU we will ensure it is protected by encryption during transmission.

Retention

We will retain your personal information in accordance with legal and regulatory requirements. You can request your information be deleted and if we can we will, but sometimes we must maintain records containing your personal information for legal reasons.

How you can access your information

If you would like a copy of your information we hold about you, please email a Director of HJS Technology Ltd at techadmin@hjssolutions.co.uk

Your Rights

If you are not happy how we are using your information or how we have responded to your request, you have the right to complain to the Information Commissioner’s Office at www.ico.org.co.uk.

Use of cookies

We may use cookies and similar technologies on our website. Cookies are small text files that may be stored on your computer or mobile device when you visit our website. Cookies do many different things, such as letting you navigate between web pages efficiently and remembering your preferences. We do not use cookies to track your use of our site, to make decisions about you or to send you marketing information electronically.

How we will tell you about future changes to this Privacy Statement

Any changes we make to our Privacy Statement will be put on our website. Please check for updates from time to time, so you are always fully aware of what information is collected and how it is used.

How to contact us

If you have any questions or concerns about our use of your personal information please email techadmin@hjssolutions.co.uk

At HJS Technology Ltd, we don’t underestimate the importance of playing our part in protecting the environment.

Our environmental policy includes :

• Recycling. All packaging is disposed of through a recycling system. Any unwanted hardware is also recycled.
• Minimising waste. Obsolete computer and telephone equipment is donated to a local charitable organisation which repairs old machines and redistributes them to under-privileged members of the community.
• Energy. Our office is fitted with low energy lighting and automatic sensors which ensure that lights are not left on longer than necessary. The electricity used at the HJS office is 100% renewable meaning that all energy use is sourced from renewable energy sources.
• Travel. We encourage all our people to consider the efficiency of travel and to combine journeys to customers in similar geographic locations. We use remote communication facilities (for example holding meetings via video meeting) to avoid unnecessary travel. Many of our customers are now using these facilities too.
• Transportation. We arrange for stock to be delivered straight to customers’ premises wherever possible, to avoid the need for two journeys.
• Stock suppliers. We use eco-friendly suppliers wherever possible, when sourcing items for our customers.
• Stationery & office supplies. We keep our stationery requirements to a minimum, by continually striving to reduce paper, but what we do buy comes from local suppliers.
• Encouraging others. We want to encourage our customers to operate an environmentally-friendly policy within their own businesses. We can provide cloud-based solutions which reduce the need for conventional servers. Virtualising just 20 servers saves the equivalent in server and cooling energy as taking around 20 cars off the road, or planting around 300 trees!  Click here for more details on how we can help.

1. Managed IT Services. Subject to the establishment of a Managed Services Agreement between the Customer and HJS Technology Ltd, and the payment of the monthly fees due under that Agreement, HJS Technology shall provide certain ongoing IT support services to the Customer.
1.1 The terms of support are provided in full in the Managed Services Agreement. Services will include the remote monitoring and support of the Customer’s IT equipment and a Helpdesk which provides telephone support during office hours for the Customer’s employees.
1.2 Work which is performed “remotely” ie at the premises of HJS Technology Ltd and which is required by the Customer to “maintain current position” (ie to restore functionality within the Customer’s existing IT infrastructure) shall be covered under the monthly fee.
1.3 Establishing a new position – including setting up new hardware – is not covered by the monthly support fee.
1.4 Hardware repairs are not covered by the support fee unless the item is inside its manufacturer warranty period and was purchased from HJS Technology Ltd.
1.5 If, on occasion, an engineer is required to attend the Customer’s site, a separate fee will apply based on the time spent on site, subject to a minimum of one hour.
1.6 Managed service fees may be subject to change, subject to the provision of 30 days’ notice.

2. Ad-hoc support. If a Customer chooses not to establish a Managed Services Agreement with HJS Technology Ltd but requires occasional IT support, the Customer will be invoiced for the time taken to carry out the required work.
2.1 The Customer must settle the invoice within the payment terms stated.
2.2 Fee levels will depend on the time spent on the work (subject to a minimum of one hour). Any work carried out at the Customer’s premises will be charged at a higher rate than work carried out at the premises of HJS Technology Ltd.
2.3 For Customers choosing to use HJS Technology Ltd on an ad-hoc basis, there is no obligation on the part of HJS Technology Ltd to undertake regular monitoring checks on the IT equipment and systems of the Customer, nor to undertake any preventative work relating to the Customer’s IT security.

3. Block Hour Contracts. A Customer requiring ad-hoc support can choose to purchase blocks of time from HJS Technology Ltd in advance of HJS Technology Ltd providing services.
3.1 The fee for block hours will be invoiced at the point that the time is made available against the Customer’s account and will be payable in accordance with the terms on the invoice, even if the services have not yet been provided.
3.2 HJS Technology Ltd and the Customer may agree an ongoing arrangement for the purchase of additional hours as required. If that is not the case then any excess time required by the Customer, above the remaining balance of hours on their account, may be subject to a separate charge.
3.3 Any unused time which remains on the Customer account at the end of the Contract period (usually 12 months) is not automatically carried into a new Contract period.
3.4 Clause 2.3 above applies to Customers who select a Block Hours Contract.

4. Supply of hardware and hardware warranties.
4.1 HJS Technology Ltd will make every endeavour to supply equipment within timescales agreed with the Customer but cannot accept responsibility for any delays which may be caused by the supplier of said equipment.
4.2 Notwithstanding clause 4.1 HJS Technology Ltd shall ensure that the Customer is kept informed of delivery times and wherever possible make arrangements to suit the Customer.
4.3 Should the item of equipment ordered become obsolete prior to delivery, HJS Technology Ltd shall communicate with the Customer to agree on a suitable alternative before delivery takes place.
4.4 HJS Technology Ltd will remain responsible for hardware until any installation work is complete and accepted by the Customer. Should there be any fault with the item after that time, then the standard manufacturer’s warranty for that particular item will apply, unless
4.4.1 The fault is as a result of the actions of HJS Technology Ltd or its employees, in which case resolution will be at the cost of HJS Technology Ltd.
4.4.2 There was negligence or wilful damage on the part of the Customer or its employees, in which case resolution will be at the cost of the Customer.
4.4.3 The Customer has specifically requested an extended warranty for the item and has paid for that extended warranty, in which case the item will be protected for a longer period than standard.

5. Consultancy and advice. HJS Technology Ltd will, as part of its ongoing provision of services, provide to its Customers when required, advice and recommendations for their IT solutions. That advice will be given in good faith, and will be based on industry knowledge and experience and available solutions on the market at the time, subject to:
5.1 The Customer having provided any requested information accurately, and having allowed HJS Technology Ltd access to review the Customer’s current IT infrastructure if required.
5.2 A reliance on suppliers within the industry (including Microsoft) whose products and services are provided. HJS Technology Ltd does not produce its own products and services.

6. Microsoft Office 365.  HJS Technology Ltd is a reseller of cloud services and solutions provided by Microsoft.  We abide by and pass on the terms and conditions of each service to our clients.  HJS Technology Ltd cannot influence pricing or be responsible for the service, outage or data held on these cloud services.  We act as a first line support in all these cases and are backed with direct support from Microsoft if escalation is required.

Please see the full terms and conditions here : https://azure.microsoft.com/en-gb/support/legal/subscription-agreement/

This section covers the following services:
• ADSL / FTTC Broadband
• Converged ADSL/FTTC connections
• Ethernet Services (Leased Lines)
• Domain names
• E-mail

ADSL/FTTC Broadband

1. Products & Specifications
1.1. ADSL 2+
1.1.1. A service for offices with up to 10 users, also suitable for home workers or single users. Offering speeds of “up to 24Mbps” downstream and “up to 1.3Mbps” upstream. Speeds are location dependent.
1.2. Annex M
1.2.1. A service for offices with up to 10 users, also suitable for home workers or single users. Annex M is a technology that offers a boost to the upstream speed (of up to 1Mbps) in return it can take up to 15% off the downstream speed. This type of product suits users who want to utilize the upstream for Calls using VoIP or to upload amounts of data. Offering speeds of “up to 24Mbps” downstream and “up to 2.5Mbps” upstream. Speeds are location dependent.
1.3. FTTC 40:10
1.3.1. High-speed broadband offering a service for offices with up to 20 users, also suitable for home workers or single users. Offering speeds of “up to 40Mbps” downstream and “up to 10Mbps” upstream. Speeds are location dependent.
1.4. FTTC 80:20
1.4.1. High-speed broadband offering a service for offices with up to 20 users, also suitable for home workers or single users. Offering speeds of “up to 80Mbps” downstream and “up to 20Mbps” upstream. Speeds are location dependent.
1.5. Note: All of the above products are rate adaptive and will provide the best possible speed that a business’ telephone line will support.  The DSL line rate is the speed at which the customer CPE syncs up with the equipment in the BT Exchange. This rate is affected by factors such a line length, quality and ‘noise’ on the line.
1.6. Note: Why we use the term “up to” in relation to the service speeds? This is because we can share the broadband technology headline speeds, each premises has to contend with the distance from the exchange and/or cabinet (speeds reducing over distance due to the signal strength diluting over distance using a copper wire connection.)
2. Access Network
2.1. All services will be provided on BT’s WBC (Wholesale Broadband Connect) network where possible. This is their full next generation network. If a customer cannot be served by WBC (coverage is currently 94% of the UK), the service will be provided on IPStream Connect (IPSC) – BT Wholesale’s next generation access network that utilizes legacy exchange equipment (DSLAM).
3. Fibre Broadband Products
3.1. Fibre broadband is delivered using Fibre To The Cabinet (FTTC). Provided by Fibre connections between the local exchange and the roadside cabinet, replacing the existing copper connection. From the cabinet to the end user premises, a copper connection is retained. This service is only available on the Wholesale Broadband Connect (WBC) group of products. Further benefits of FTTC:
3.2. Can support multiple users
Download speeds of up to 80 Mbps and Upload speeds of up to 20 Mbps Receive and transfer large files in a fraction of the time
Ability to open numerous functions at the same time and operate more effectively
3.3. Currently, FTTC is available to over 70% of premises in the UK; this figure will continue to increase. To check availability please use the Suitability Checker in the Gamma Portal. A CLI has to be used when running this check. Post codes are too generic to use when checking for FTTC availability, this is because a post code area can be widespread and be served by more than one BT exchange or cabinet.
3.4. Fibre installations are carried out on our behalf by Openreach Engineers. The installation appointment has to be booked in advance. It is important that someone is at the premises to enable the Engineer entrance to install the service. Failure to do so will incur a charge of £105.00.
4. Limitations
4.1. Certain technical and geographical limitations may apply which would prohibit the delivery of broadband. These include, but are not limited to, customer sites which are an unusually long distance from the local BT exchange, where there is poor quality wire connecting the location, or where the customer has incompatible products and services on their line (see below).
4.2. Incompatible products & services
4.3. Orders for Gamma Broadband will be rejected if any of the following products are associated with the line in question. When such a rejection is encountered an alternative line should be used.
4.3.1.1. 30k loop
4.3.1.2. Private Circuits
4.3.1.3. ISDN – all types
4.3.1.4. Red ABC
4.3.1.5. RedCare ISDN
4.3.1.6. Meter Pulse Facility
4.3.1.7. PBX and AUX lines that do not terminate on an NTE5
4.3.1.8. Telecom Red – RedLine
4.3.1.9. Red Alert
4.3.1.10. FeatureNet
4.3.1.11. FeatureLine – Hunt Groups
4.3.1.12. Light User Scheme
4.3.1.13. End-user private metering
4.3.1.14. Private circuits
4.3.1.15. DACS
4.3.1.16. Other broadband DSL services
4.3.1.17. PDQ and Fax
4.3.2. Some new generation faxes may not work as they use some of the same bandwidth frequency as ADSL, making the fax and the ADSL line incompatible with one another. PDQ machines are also known to conflict with broadband services.
4.4. Unmetered
4.4.1. The end-user pays a flat monthly fee for using the service. These services are governed by an Acceptable Usage Policy.
4.5. Capped
4.5.1. The end-user pays a monthly fee for a service that is capped at an advertised and agreed monthly data-usage cap. If the capped data limit is exceeded in a month, then they will be charged for the excess data transferred on a per GB basis. The price will be £0.50 per GB for WBC capped products and £1.00 per GB for IPSC products.
4.6. IP Addressing
4.6.1. Gamma provides a single fixed IP address on all connections. Where the end customer does not want to use NAT and needs to assign public IP addresses to machines on their LAN, Gamma will provide specific routed IP subnets:
5. E-mail
5.1. SMTP Relay
5.1.1. This is a closed service only available to Gamma NextGen Broadband customers. This is a relay service only and Gamma takes no responsibility for email content filtering or other regulatory compliance e.g. logging of message traffic.
5.1.2. Gamma’s SMTP relay can be found at smtprelay.business-access.co.uk. No other credentials are required.
5.1.3. Note: We explicitly reserve the right to change the rules governing the SMTP relay service at any time with or without prior notice.
5.2. Bulk mailing
5.2.1. Gamma’s SMTP Relay does not support bulk mailing. Bulk mailing is defined as: E-mails with more than 120 recipients per email
Sending E-mails at a rate of over 10 E-mails per minute
5.3. Other Restrictions
5.3.1. Gamma’s SMTP Relay will not process E-mails that are larger than 28 Mega Bytes (MB) in size.
5.3.2. Potential Error Messages
5.3.2.1. Relaying denied – Not a recognised IP address
5.3.2.2. Relaying denied by ISP – We have specifically blocked this user. There may be an active ticket regarding it
5.3.2.3. Admin Prob – Max recipients reached, as above
Rate Limit exceeded – Limit above reached
Size to big – As above, for the email and size of attachments
5.4. Mail Server Blacklisting
5.4.1. Gamma operates a shared Mail Server and at times we will see some of the users of the service being highlighted as being “Blacklisted”.
6. Care Levels & SLAs
6.1. Gamma provides 2 levels of maintenance care:
6.1.1. Standard Care
6.1.1.1. This is the default service level provided at no extra cost. For the reporting of faults, this care level operates during business hours only. Gamma will acknowledge receipt of a fault report logged by the customer and will clear the fault within 48 clock hours of receipt of the fault report if received by Gamma before 4pm on a working day. If an engineering visit to a site is required, then Gamma will respond during business hours.
6.1.2. Business Care
6.1.2.1. This is a chargeable option and operates 24 hours a day, 7 days a week (including UK Public and Bank Holidays). Gamma will respond to a fault within 5 clock hours of receipt of the fault report and will clear the fault within 22 clock hours of receipt of the fault report.
6.2. Please note that clock hours run during the time in which the fault is in Gamma’s control. Where a fault is with the partner, the clock stops and only restarts when passed back to Gamma. Please refer to the separate SLA document for more details.
7. 
Engineering Visits
7.1. If the underling access provider cannot remotely resolve a suspect DSL fault, then a Special Faults Investigations Engineer may be suggested. 
Broadband Special Faults Investigation 2 (SFI2) is an end-to end maintenance service to investigate faults that have not been revealed through initial fault testing. SFI2 forms part of the overall fault journey and must be used to aid a Broadband repair when required. At the point in the Service Assurance process when BT Wholesale have completed the diagnostics and repair activity and pass the fault back to the customer as Right When Tested (RWT), Fault Not Found (FNF) or Customer Mis-Op, the partner has the option to make an appointment for a Broadband Special Faults Investigation 2 or accept the Clear to Close the Fault. 
SFI2 has a modular approach.
7.1.1. The Base module is the basic product and starts with an engineering visit to the end customer’s premises to check the BT network at the Network Termination Point (NTP) and run a series of tests to help locate the area of any problem. Any further work required in the BT Network (including the Exchange) will be carried out as part of BT Wholesale’s input into the SFI2. 
The end customer’s installation (Wiring module and Equipment module) can also be included within the SFI2 remit, at the partner’s discretion. These will allow the SFI2 engineer to work in the end customer’s premises to help resolve the issue. Charges can apply to some activities carried out as part of the SFI2.
7.2. A Co-Op call to enable the partner to talk directly with the SFI2 engineer can also be arranged, but a charge will always be made for this service. All module selection must be made at the time when ordering the SFI2.
7.3. The request will generate an appointed field engineering visit. This will be resourced by an engineer with appropriate skills, and the next available appointment will be offered to the partner. An appointment is mandatory for all SFI2’s.
7.4. Point of no return (PONR)
7.4.1. Point of no return (PONR) applies to all SFI2 appointments and they cannot be cancelled / amended past this point. The PONR is set to 15:00hrs the day before the appointment.
7.5. Engineering charges
7.5.1. The SFI2 base module and the partner-authorised internal modules all have a charge associated with them. The charges raised for an individual SFI2 appointment will in all cases be based on the output of the checklist and the modules used.

Converged ADSL/FTTC

1. Products & Specifications
1.1. NOTE: The product details below include information and specifications that relate to current and retired products (Converged products purchased before April 2016 may have chosen the 200GB Cap limit option). Since April 2016 all new orders for Converged services have unlimited monthly usage (subject to our Acceptable Usage Policy – Excessive use of capacity, limiting end users to 100GB per day. See Acceptable Usage Policy notes for full details by clicking here)

1.2. Gamma Converged 2+
1.2.1. This product is accessed using ADSL 2+ broadband and comes with two monthly usage limit options; Unlimited or 200GB (See Table 1).

1.3. Gamma Converged FTTC
1.3.1. This product is accessed using FTTC broadband and comes with two monthly usage limit options: Unlimited or 200GB

1.4. Note: Speed at which the customer CPE syncs up with the equipment in the BT Exchange are affected by factors such a line length, quality and ‘noise’ on the line.  Expected service speeds will always be less than the line rate, although this maximum cannot be guaranteed. Expected service speeds are returned when a suitability check is run from the Gamma Portal.

2. Access Network.

2.1. All services will be provided on BT’s WBC (Wholesale Broadband Connect) network. This is their next generation network. Coverage of WBC is over 92% of the premises in the UK.  Please be aware that Converged Broadband is not provided over IP Stream access due to the low levels of upstream available on the product and the future retirement of IP Stream services.

3. Service Options

3.1. Converged 2+ – offers up to 5 voice channels (@ G.729), delivered over ADSL 2+ Annex A
3.2. Converged 2+ – offers up to 2 voice channels (@ G.711), delivered over ADSL 2+ Annex A
3.3. Converged FTTC – offers up to 75 voice channels (@ G.729), delivered over FTTC
3.4. Converged FTTC – offers up to 30 voice channels (@ G.711), delivered over FTTC

3.5. Note: Subject to line conditions (determined by the distance from the exchange, state of the internal wiring and impact of external noise)

4. Relaxed Firewall

4.1. The Relaxed Firewall option allows you to manage your own firewall and have access from any source to your Local Area Network on the Converged product. This means that you can now use the Converged product with a Relaxed Firewall if customers want to host security solutions, web servers, allow VPN access or be able to remote in from dynamic IP addresses.

5. Service Limitations

5.1. Certain technical and geographical limitations may apply which would prohibit the delivery of broadband. These include, but are not limited to; unable to access WBC or FTTC products, customer sites which are an unusually long distance from the local BT exchange, where there is poor quality wire connecting the location, or where the customer has incompatible products and services on their line (see below).

5.2. Incompatible Products & Services

5.2.1. Orders for Gamma Converged 2+ and FTTC will be rejected if the circuit is not enabled for WBC/FTTC (whichever is relevant to your enquiry) or any of the following products are associated with the line in question. When such a rejection is encountered an alternative line should be used.

5.2.1.1. 30k loop
5.2.1.2. Private Circuits
5.2.1.3. ISDN – all types
5.2.1.4. Red ABC
5.2.1.5. RedCare ISDN
5.2.1.6. Meter Pulse Facility
5.2.1.7. PBX and AUX lines that do not terminate on an NTE5
5.2.1.8. Telecom Red – RedLine
5.2.1.9. Red Alert
5.2.1.10. FeatureNet
5.2.1.11. FeatureLine – Hunt Groups
5.2.1.12. Light User Scheme
5.2.1.13. End-user private metering
5.2.1.14. Private circuits
5.2.1.15. DACS
5.2.1.16. Other broadband DSL services
5.2.1.17. PDQ and Fax

5.2.2. Some new generation Fax’s may not work as they use some of the same bandwidth frequency as ADSL 2+, making the Fax and the ADSL line incompatible with one another. PDQ machines are also known to conflict with broadband services.

6. Monthly Usage Options

6.1. Gamma Converged Broadband offers 2 basic monthly usage allowance options:

6.1.1. Unlimited

6.1.2. The end-user pays a flat monthly fee for using the service. These services offer unlimited monthly usage. However, they are governed by a Fair Usage Policy (FUP). The purpose of the FUP is to recognize that the service being purchased is being used by thousands of other Business users. In order to ensure the quality of the service we will review any circuits that threaten to compromise the quality of other end users performance.

6.1.3. Capped

6.1.4. We provide a generous monthly usage cap level of 200GB. If a user transfers more than 200GB (upstream & downstream usage) of data in a month, then they will be charged for the excess data transferred on a competitive, per GB basis. The price per GB is included in the Price List.

7. Router

7.1. Customers connect their Converged Broadband service using a Gamma supplied router, exclusively the Cisco 800 series. Each router provided by Gamma is dispatched to the customer (or an alternative delivery address) pre-configured and ready for service. The router is configured to support business quality voice traffic and internet access. It will be configured to prioritise a level of concurrent voice calls consistent with the product ordered.

7.2. The router is also sent out with a generic configuration with regards to DHCP and default gateway address and with no specific port forwarding rules set up.

7.3. Router Access.  Gamma provided routers cannot be accessed by any party other than Gamma technical support groups. Customer or third party access is never granted under any circumstance.

8. Customer CPE Security

8.1. Nothing that Gamma does with regards to security of the DSL connection, router and core network relieves Partners of the responsibility of ensuring that local CPE (more often than not a PBX) is secure. For example, a device connected locally to a PBX (e.g. a laptop) could transfer malware that could set up external access resulting in traffic generation to a level that brings down the customer’s connection.  Equally where Gamma is providing a hosted solution to the customer, both the customer and Partner remain responsible for those security aspects out of Gamma’s control. For example, credentials used to access call management portals that could be used to set up fraudulent calls over a Converged Broadband Services Connection.

9. IP Addressing

9.1. Gamma provides a single fixed IP address on all connections. Where the end customer does not want to use NAT and needs to assign public IP addresses to machines on their LAN, Gamma will provide specific routed IP subnets:

10. Service Levels Agreements (SLA)

10.1. The following SLA applies to the IP Telephony element of the Converged Broadband service. The details are as follows:

10.2. Round Trip Delay

10.2.1. The target level for Round Trip Delay (also known as Round Trip Latency) is <80ms.
10.2.2. Round Trip Delay is measured for packets sent from Gamma’s core network to the customer router and then back again. 10 x 200 byte ICMP packets are sent every 2 minutes.

10.3. Jitter

10.3.1. The target level for Jitter is < ± 45ms.
10.3.2. In order for voice to be intelligible, consecutive voice packets must arrive at regular intervals. Jitter describes the degree of variability in packet arrivals, which can be caused by bursts of data traffic or just too much traffic on the line.

10.4. Packet Loss

10.4.1. The target level for Packet Loss is <2%.
10.4.2. Packet Loss is measured in terms of packet delivery, and is defined as the percentage of packets sent that reach the destination within a certain time. Packet loss is a common occurrence in data networks, but devices/applications are designed to simply request a retransmission of lost packets. Voice traffic can tolerate no more than a three percent loss of packets before callers experience disconcerting gaps in conversation

10.5. Service Availability

10.5.1. Gamma will provide a target service availability of 99.95% for its core network
10.5.2. The Service Availability relates to the service from the Gamma network edge to the Gamma IP Telephony platforms. The availability is measured over a 3 month period and excludes any planned or emergency maintenance windows.

10.6. Fault Repair Times

10.6.1. All faults surrounding Converged Broadband Access will be targeted to be rectified within 22 clock hours from the point that the issue is reported to and accepted by Gamma.
10.6.2. Please note that clock hours run during the time the fault is in Gamma’s control. Where a fault is with the Partner the clock stops and only restarts when passed back to Gamma.
10.6.3. Note: The repair target time applies to both IP Telephony and Broadband faults.

10.7. Monitoring
10.7.1. Gamma will use a number of tools to remotely monitor your customer’s connections. These tools are used by Gamma technical staff to:

10.7.1.1. Sign off new circuits as Converged Broadband before handing them over to Partners
10.7.1.2. Help identify potential service issues
10.7.1.3. Diagnose and resolve reported service issues

10.8. These tools will not be made available to Partners. Partners will simply be asked to undertake simple 1st line diagnostics (reporting on the state of various service components – e.g. underlying PSTN line, wiring, router status, LAN connectivity and alike) before reporting the service issue to the Gamma support teams.

11. Support

11.1. In providing Gamma Converged Broadband services to its Partners, Gamma is providing an end- to-end IP Telephony & Broadband service. The Gamma Service Desk is the first point of contact for IP Telephony related faults.

11.2. Partners should carry out basic 1st line diagnostic procedures before passing on to the Service Desk and should identify the product as ‘Converged Broadband’ so that the SLA ‘target time to repair’ is activated.
11.3. If the Partner is confident that service issue being experienced (e.g. there is no sync between the router and BT) then they should contact the Service Desk directly for the most expedient route to rectifying the issue.

11.4. Communication with the end-user will remain the responsibility of the reseller. In some cases it may be necessary for the reseller to visit the site to carry out more in-depth diagnostics (which may or may not include running a Gamma diagnostic test from site).

11.5. For speedy fault resolution resellers should ensure they have Gamma Accredited technical staff and have sufficient resources to meet the support demands of their user base. Issues related to the Converged Broadband or IP Telephony services can be reported 24 hours per day, 7 days per week
12. Engineering Visits

12.1. If the underling access provider cannot remotely resolve a suspect DSL fault, then a Special Faults Investigations Engineer may be suggested.

12.2. Broadband Special Faults Investigation 2 (SFI2) is an end-to end maintenance service to investigate faults that have not been revealed through initial fault testing. SFI2 forms part of the overall fault journey and must be used to aid a Broadband repair when required.

12.3. At the point in the Service Assurance process when BT Wholesale have completed the diagnostics and repair activity and pass the fault back to the customer as Right When Tested (RWT), Fault Not Found (FNF) or Customer Mis-Op, the partner has the option to make an appointment for a Broadband Special Faults Investigation 2 or accept the Clear to Close the Fault.

12.4. SFI2 has a modular approach. The Base module is the basic product and starts with an engineering visit to the end customer’s premises to check the BT network at the Network Termination Point (NTP) and run a series of tests to help locate the area of any problem. Any further work required in the BT Network (including the Exchange) will be carried out as part of BT Wholesale’s input into the SFI2.

12.5. The end customer’s installation (Wiring module and Equipment module) can also be included within the SFI2 remit, at the partner’s discretion. These will allow the SFI2 engineer to work in the end customer’s premises to help resolve the issue. Charges can apply to some activities carried out as part of the SFI2.
12.6. A Co-Op call to enable the partner to talk directly with the SFI2 engineer is arranged. This element now comes as standard with the SFI2 process.

12.7. The request will generate an appointed field engineering visit. This will be resourced by an engineer with appropriate skills, and the next available appointment will be offered to the partner. An appointment is mandatory for all SFI2’s.

13. Point of no return (PONR)

13.1. Point of no return (PONR) applies to all SFI2 appointments and they cannot be cancelled / amended past this point. The PONR is set to 16:00hrs the day before the appointment.
13.2. Engineering charges

13.3. The SFI2 base module and the partner-authorised internal modules all have a charge associated with them. The charges raised for an individual SFI2 appointment will in all cases be based on the output of the checklist and the modules used.

Ethernet Services

1. Service Level Agreement
1.1. Gamma will use reasonable endeavours to comply with the service levels set out in this section, but these levels are target service levels only and Gamma has no liability for any failure to meet them except as set out in this section.
2. Service Demarcation
2.1. For all services, with the exception of wires-only internet access, the service demarcation point is the LAN-side port/ports of the Gamma customer premises router. For wires-only, the service demarcation point is the customer port of the Network Terminating Equipment (“NTE”).
3. Service Levels
3.1. Availability
3.2. The Ethernet Service can be used to deliver internet access or IP telephony services. Different network architectures are used to deliver each of these services.
3.3. When used for Internet Access each Ethernet circuit will be available for 99.9% of any given calendar month;
3.4. When a Ethernet circuit and a Ethernet backup circuit is taken, the service will be available for 99.99% of any given calendar month
3.5. When any Ethernet circuit and a xDSL or FTTC Broadband backup is taken, the service will be available for 99.93% of any given calendar month
3.6. When used for IP telephony services each Ethernet circuit will be available for 99.94% of any given calendar month as standard or 99.97% (with Broadband Backup) and 99.99% (with Ethernet backup) 
The following shall not be included when calculating the above service level(s):
3.7. Outages or delays which are deemed by Gamma to be the result of matters outside its direct control
3.8. Outages or delays which are a result of a WLR3 fault that affects the availability of the FTTC Ethernet/Broadband service
3.9. Planned or notified maintenance whether in response to an emergency or otherwise. 
Availability is calculated as:
Total number of minutes in the measurement period – Unplanned Downtime x 100 Total number of minutes in the measurement period
4. Performance
4.1. The performance measures below are for the end-to-end primary Ethernet service, from the Gamma core network (source) to the service demarcation point:
4.2. Latency (Source to Destination) <15ms
4.3. Packet Loss – <0.2%
4.4. Jitter (Source to Destination) – <5ms
5. Provisioning
5.1. Gamma will use reasonable endeavours to:
5.1.1. Notify the Company within 2 working days after the receipt of a CRF and Order Form as to the acceptance or rejection of the CRF and Order Form;
5.1.2. Notify the Company within 16 working days after the acceptance of a CRF and Order Form of the results of the site survey, whether or not service can be delivered and advise of any Excess Construction Charges;
5.1.3. Notify the Company within 18 working days after the acceptance of a CRF and Order Form of the amount of Excess Construction Charges payable (if any), the Contractual Delivery Date (24 working days) and the preferred installation date for the circuit; 
To make services (Ethernet and chosen backup option) live:
5.1.4. For FTTC Ethernet, within 20 working days after the acceptance of a CRF and Order Form
5.1.5. For copper Ethernet, within 30 working days after the acceptance of a CRF and Order Form
5.1.6. For Fibre Ethernet, within 60 working days after the acceptance of a CRF and Order Form; and
5.1.7. Terminate a service on the date requested by the Company provided that the Company has given Gamma no less than 60 days written notice.

6. Fault Handling
6.1. Gamma will make available the fault handling service 24 hours a day and 7 days a week including Public and Bank Holidays.
6.2. All faults will be validated when reported and subsequently classified as below:
6.2.1. Priority 1 – Total loss of service (hard down or no transmission of signal in one or both directions)
6.2.2. Priority 2 – Service is available, but either reduced functionality or degradation is creating significant business impact for the End User
6.2.3. Priority 3 – Service is available, but either reduced functionality or degradation is being experienced by the End User without any significant business impact for the End User
6.3. For Priority 1 faults Gamma will resolve the fault within 6 Clock Hours (as defined below) from a validated fault, or, for Copper Ethernet and FTTC Ethernet, 8 Clock Hours from a validated fault. 
Clock Hours are defined as the time between the Start Time and Stop Time, excluding Parked Time, where:
6.3.1. Start Time means the time a fault has been validated and catagorised as a Priority 1 fault
6.3.2. Stop Time means the time a fault has been resolved
6.3.3. Parked Time means the time during which the resolution of a fault is outside of Gamma’s control
6.4. For Priority 2 faults Gamma will resolve the fault within 1 working day from a validated fault.
6.5. For Priority 3 faults Gamma will resolve the fault within 3 working days from a validated fault.

6.6. Where a backup service is taken and in the unlikely event that both the primary and secondary services are not working the focus of the support team will be to get the primary link back in to service. Effort will therefore be applied to this and not to fixing the secondary service. The ADSL/FTTC backup circuit comes with a Standard Care level of support.
7. Exclusions from the Service Level Guarantee
7.1. A service level, service level guarantee and any compensation entitlement will not apply if :
7.1.1. the failure by Gamma is due to the Company’s, its Customer’s or its End User’s own network or equipment or any other network (including but not limited to the internet) or equipment outside the Gamma network;
7.1.2. the Company is in breach of any part of these terms and conditions or the Supply Agreement and such breach affects Gamma’s ability to comply with the service level and/or service level guarantee or if Gamma’s underlying service provider suspends the service or any part of it as a result of any such breach;
7.1.3. through no fault of its own or because of circumstances beyond its reasonable control, Gamma is unable to carry out any necessary work at, or gain access to the Company’s, its Customer’s or End User’s site or the Company fails to agree an appointment date or planned work is aborted (save at Gamma’s request);
7.1.4. reasonable assistance is required or information is reasonably requested by Gamma from the Company, its Customer or End User or a third party and such assistance or information is not provided or is not provided in a timely fashion;
7.1.5. through no fault of its own, Gamma is unable to obtain any necessary permissions or consents required in connection with the performance of a particular service level or service level guarantee;
7.1.6. the failure is due to Force Majeure or some other event outside Gamma’s reasonable control;
7.1.7. the failure is due to a planned or emergency service interruption;
7.1.8. the failure is due to an inaccurate Order Form having been submitted;
7.1.9. a fault is not reported in accordance with the fault reporting procedures contained in the Gamma Handbook; or
7.1.10. the Company, its Customer or End User has failed to implement any reasonable and explicit instructions issued by Gamma in relation to the service.
7.1.11. the fault handling resolution times for FTTC Ethernet do not include any time taken to first resolve any WLR3 faults affecting the availability or performance of the FTTC Ethernet service. The 8 hour fault target resolution time will commence from the time that it is established that the WLR3 line is in working order and is not affecting the FTTC Ethernet service.
7.2. FTTC Ethernet downstream speed related faults will only be accepted for speeds performing slower than the purchased speed where the purchased speed is 20Mbps or less. Upstream faults will be accepted for speeds performing lower than the purchased speed up to a maximum of 20Mbps.

Domain Names

Please find a copy of Nominet UK’s registration agreement here : https://nominet-prod.s3.amazonaws.com/wp-content/uploads/2016/03/Terms_and_Conditions_of_Domain_Name_Registration.pdf

1. The following terms and conditions apply to the domain registration Service:
1.1. You acknowledge and recognize that the domain name system and the practice of registering and administering domain names is continuously evolving and that HJS Technology Ltd may modify this Agreement as necessary from time to time to comply with any agreements by which HJS Technology Ltd is or will be bound, and to adjust to changing business circumstances. We will notify of these changes by e-mail to refer You to the amended provisions.
1.2. Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments, including acceptance of the term and conditions required of HJS Technology Ltd by its domain name services provider, Fasthosts, to which you are bound. By registering domain names, you are entering a contract with Fasthosts, a copy of which is at the end of this document, Exhibit A. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
2. Domain Name Registration
2.1. HJS Technology Ltd has been granted the right to provide Internet domain registration Services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains.
2.2. ICANN (Internet Corporation for Assigned Names and Numbers) oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain. You can find information about ICANN’s Registrants Rights and Responsibilities document here: https://www.icann.org/en/registrars/registrant-rights-responsibilities-en…
2.3. Upon HJS Technology Ltd’ receipt of domain name registration information from You, HJS Technology Ltd shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Fasthosts currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.
3. Selection of a domain name
3.1. You represent that, to the best of Your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
3.2. If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so (“Sunrise Period”), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.
3.3. By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, You agree that You have read and agree to the Nominet terms & conditions, If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms &Conditions.
3.4. Upon submitting a registration through your HJS Technology Ltd control panel, HJS Technology Ltd will submit your application to the relevant registry for processing. However, It is Your responsibility to check using WHOIS that Your domain registration has been successful twenty-four hours after payment has been made to HJS Technology Ltd.
4. Name restrictions
4.1. Registrations in the .name top-level domain must constitute an individual’s “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
5. Fees
5.1. In consideration for HJS Technology Ltd providing domain name registration Services to You, You agree to pay HJS Technology Ltd, prior to the approval of the desired domain name registration, the amounts set forth in the HJS Technology Ltd Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
5.2. Your application will not be registered until HJS Technology Ltd receives actual payment of the registration fee. If HJS Technology Ltd does register a domain name prior to payment of the registration fee, HJS Technology Ltd reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
5.3. All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
5.4. In the event of a charge back by a credit card company or other payment provider authorized by HJS Technology Ltd, the domain name registration shall be transferred to HJS Technology Ltd as the paying entity for the registration. HJS Technology Ltd may reinstate Your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee.
5.5. Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew Your domain name for You provided Your credit card or other billing information is available and up to date. If Your billing information is not accurate and You wish to renew Your domain name registration, we will contact You to update this information and charge accordingly.
5.6. Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.
5.7. Domain credits can be used for new registrations via the control panel, and will automatically be used for renewals of existing appropriate domain names. Domain credits expire 2 years after purchase and must therefore be used within 720 days of their date of purchase; unused domain credits will be deleted from your account 720 days after their initial date of purchase.
6. Free domain name registration
6.1. Please note that if You opt to take advantage of HJS Technology Ltd free domain name registration You will automatically be charged for the renewal of the domain 30 days prior to its expiry.
7. Term
7.1. This Agreement shall remain in full force during the length of the term of Your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should You choose to renew or otherwise lengthen the term of Your domain name registration, then these terms and conditions will apply.
7.2. To ensure Your domains are not lost we operate a positive renewal system on all HJS Technology Ltd domains – Your domain will automatically renew for the term it was registered for unless You opt-out of this Service through Your control panel. This is not refundable and it is Your responsibility to ensure valid contact and payment details are on Your account at all times – failure can lead to suspension.
7.3. HJS Technology Ltd’ domain renewal process is automated, however, it is Your responsibility to check that Your renewal has been successful within one month of the renewal date. You will automatically be charged for the renewal of the domain 30 days prior to its expiry.
7.4. For .uk domains You can do this using Nominet’s WhoIs search, and for all other domains we recommend using the https://www.whois.org/ website domain lookup facility.
7.5. Ownership of data
7.5.1. You agree and acknowledge that HJS Technology Ltd owns the following:
(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which HJS Technology Ltd acts as the registrar including:
(d) the original creation date of the registration;
(e) the expiration date of the registration;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(h) other information generated or obtained in connection with the provision of domain name registration and management Services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.
7.5.2. HJS Technology Ltd does not have any ownership interest in Your specific personal registration information outside of Your right in HJS Technology Ltd domain name database.
7.6. Transfer of ownership
7.6.1. The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of Your domain name to another person (the Transferee”) You shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by HJS Technology Ltd in HJS Technology Ltd sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by HJS Technology Ltd in HJS Technology Ltd sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
7.6.2. For further details and to action any transfer of ownership please login to Your HJS Technology Ltd control panel.
8. Domain name dispute policy
8.1. You agree to be bound by the Domain Name Dispute Policy (the “Dispute Policy”), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Domain Name Dispute Policy can be found here.
8.2. The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
9. Domain name registration information and its use
9.1. Information You are required to Submit
9.1.1. As part of the registration process, You are required to submit to HJS Technology Ltd and keep updated the following information in connection with Your application for domain name registration: (a) the domain name to be registered;
(b) the domain name holder’s name and mailing address;
(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
9.1.2. You shall provide and maintain updated information at all times with HJS Technology Ltd. HJS Technology Ltd at its discretion may refuse to renew any registrations unless You maintain current and updated information at all times.
9.1.3. HJS Technology Ltd may from time to time request additional information from You. While not obligated to provide the additional information, You should provide the additional requested information to ensure that You will obtain all the products and Services which HJS Technology Ltd makes available to domain name registrants.
9.2. Additional Information Maintained about Your Registration
9.2.1. In Addition to the information You provide, we maintain additional information relating to Your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to HJS Technology Ltd and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) records of account for Your domain name registration, including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
(h) the expiration date of the registration; and (i) other information regarding all other activity regarding Your domain name registration and related Services.

9.3. Obligations Relating to Data Provided by You
9.3.1. If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party’s information as set forth in this Agreement.
9.4. Disclosure and Use of Registration Information
9.4.1. You agree to authorize HJS Technology Ltd to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree HJS Technology Ltd may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through HJS Technology Ltd’s WHOIS Service or for any purpose as required or permitted by ICANN and applicable laws.
9.4.2. In addition, You acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that HJS Technology Ltd may or must make available to the public or to private entities, and the manner in which such information is made available.
9.4.3. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action You may have arising from such disclosure or use of the domain name registration information.
9.4.4. You may access Your domain name registration information in HJS Technology Ltd’s possession to review, modify or update such information, by accessing HJS Technology Ltd domain manager Service, or similar Service, available at HJS Technology Ltd website at www.HJS Technology Ltd.co.uk.
9.5. Use of data
9.5.1 We will not process any data about any person that we obtain from You in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from You from HJS Technology Ltd loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
9.6. Registrant Data
9.6.1. You must not knowingly provide poor quality Registrant data. If You find out that a Registrant has provided poor quality data You should attempt to correct the data.
9.6.2. Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You should take reasonable steps to ensure the opt-out is used correctly and not set this field to default to opt-out unless You can show that all Your Registrants are consumers.
9.6.3. If You receive a request to register a domain name for a customer You must register the domain name in Your customer’s name. You may only register the domain name in Your or Your organisation’s name with the explicit prior written consent of Your customer.
9.6.4. You agree that if You register a domain on behalf of a third party, HJS Technology Ltd can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.
9.7. Limitation of liability
9.7.1. You agree that HJS Technology Ltd shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if HJS Technology Ltd has been advised of the possibility of such damages, and in particular HJS Technology Ltd will not be liable for the following: (a) suspension or loss of Your domain registration;
(b) use of Your domain name registration;
(c) interruption of Your business;
(d) access delays or interruptions to any web sites accessed by Your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of HJS Technology Ltd;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
9.7.2. HJS Technology Ltd shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.
9.7.3. HJS Technology Ltd’s maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by You for registration of the domain name; or
(b) £50.00 (UK Pounds).

9.8. Indemnification of HJS Technology Ltd
9.8.1. You agree to defend, indemnify and hold harmless HJS Technology Ltd and the registry administrator, including HJS Technology Ltd and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.
9.8.2. You also agree that in the event a domain name dispute arises with any third party, You shall indemnify and hold HJS Technology Ltd harmless pursuant to the terms and conditions contained in the Dispute Policy.
9.9. Representations and warranties
9.9.1. You represent and warrant that:
(a) all information provided in connection with Your domain name registration is accurate; and
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
9.9.2. You acknowledge and agree that all domain name registration Services provided to You by HJS Technology Ltd are provided on an “as is” basis. HJS Technology Ltd makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations Services, including but not limited to warranties of merchantability or fitness for a particular purpose. HJS Technology Ltd makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize You from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to You.
9.10. Breach and revocation
9.10.1. HJS Technology Ltd reserves the right to suspend, cancel, transfer or modify Your domain name registration in the event that:
(a) You materially breach this Agreement;
(b) You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) You use Your domain name in connection with unlawful activity;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
(e) You use Your domain name in connection with material that is slanderous to UKreg, HJS Technology Ltd or other associated companies.
9.10.2. You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including HJS Technology Ltd) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by HJS Technology Ltd, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name
9.10.3. You also agree that HJS Technology Ltd shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as HJS Technology Ltd receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
9.10.4. You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to HJS Technology Ltd’ inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;
shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.
10. No Guarantee
10.1. You acknowledge that registration or reservation of Your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.
11. Specific TLD Registration Agreements
11.1. Terms and conditions for .UK domain names
11.2. Terms and conditions of .uk purchase
11.2.1. Please note that customers who own the qualifying domain have the .uk equivalent automatically reserved for them until 10th June 2019, as long as that domain remains registered to them.
11.2.2. For further information on the .uk rights to registration, please visit www.dotuklaunch.uk/im-existing-customer
11.2.3. If at any time you decide not to renew your existing qualifying domain, the reserved .uk equivalent will automatically become available.
11.3. Terms and conditions for all gTLD and nTLD domain names
11.4. .xxx domain names general availability

 

Email

1 –  Cloud  based email service terms can be found in the IT Services Terms & Conditions section, under Microsoft Office 365

2 – Customer that have their own on premise email server may be using our iZone service, which has the following terms and conditions

On premise email server service level agreement

As part of your email service we will

• Monitor all systems pertaining to the service provided on a frequent and regular basis, and will respond in a timely basis to any alerts generated by these monitoring systems.
• Ensure that sufficient capacity is in place such that, under normal operation, no email message is delayed within the server infrastructure for more than 1 minute.
• Ensure that reasonable excess capacity is available to cope with any sudden bursts of usage without dramatically reducing the performance of the system as a whole.
• Ensure that full redundancy of hardware is available to limit, or where possible, eliminate the effects of a hardware failure.

Outages

We will endeavour to maintain a service uptime of at least 99.5% on a monthly basis, not including scheduled work. Uptime is defined as that time during which POP3 & IMAP access are available to the end users, and incoming mail is being received and delivered in less than 10 minutes, on average.

From time to time, it will be necessary to perform scheduled system outages in order to make alterations and upgrades to the system. We will notify you at least 24 hours prior to any such outage. All such outages will be kept to an absolute minimum, and where possible, performed out-of-hours to minimise any possible impact on end users.

This section covers the provision of telecommunication service including

• Connectivity
• Calls
• Telephone systems & hardware
• Mobile telephone services

HJS Technology shall, in the provision of telecommunication services, operate within the rules set out by Offcom.

HJS Technology Ltd belongs to Ombudsman Services for its Alternative Dispute Resolution scheme.  For more details, please see the section titled Customer Complaint Code in these Terms & Conditions.

Connectivity

Assured & Converged access

For terms ad conditions of the above products, please see the Internet Services section.

Analogue (PSTN)/Digital (ISDN) line provision

Line Types

The following lines types are available

• PSTN (Analogue lines)
• Premium PSTN Single Line
• Premium PSTN Multi-Aux Line
• Basic PSTN Single Line •
• ISDN 2e
• ISDN 2e System
• ISDN 2e Standard
• ISDN 30
• ISDN 30e
• ISDN 30d (transfers only)

Responsibility

Our Line Rental Service includes connection of service up to the Openreach network terminating equipment – a line box/ termination point – in the End User’s premises.

The End User is responsible for the environment and security within which a line sits in their premises, and as such should ensure any work, pest control, or other activity which would be deemed by Openreach as outside of their control is fully managed to avoid any risk to the service.

Call Routing CPS Interaction – 1656

The use of 1656 codes for the purpose of routing calls to operators other than Gamma will not be applicable, except in the case of severe network problems where the customer may, for the duration of the fault, dial 1280 in order to utilise the BTW network..

Calls Routed Over BT Wholesale

In certain circumstances calls will not be routed via CPS, but will route over BTW instead. Calls carried over BTW will be rated differently to those carried over CPS, as these will not be subject to standard charging.

Features of the Line Rental System

The Line Rental Service provides a series of end to end processes including:

• Providing a new service
• Making a change to an existing service
• Restrict a Service
• Ceasing a Service
• Transferring a Service from another Service Provider
• Investigating a Problem with a line

Excess Construction Charges

In some cases Excess Construction Charges (ECCs) may need to be raised in addition to normal connection charges where additional infrastructure is provided to give new or extended service at an End User’s site or other requested location where Openreach would otherwise not choose to extend its network on the basis of normal commercial criteria.

When service is requested and additional infrastructure is required, a survey will be carried out and charges will be individually assessed based on the following elements.

These charges are in addition to the standard connection charges which will apply for the applicable service:

• Breaking/Drilling through a wall
• Provision of other building entry points (e.g. underground through floors)
• Provision of T elegraph Poles
• Cable (Fibre or Copper) installed into a duct, buried or installed on poles, including any jointing required
• Copper cable supplied for the End User to lay to agreed entry and termination points
• Directly buried armoured cable (in addition to cable charges)
• New ductwork (including jointing boxes and any wayleave costs)
• Trunking and tray work within the End User’s premises
• Provision of a new footway box on an existing duct route to connect to the BT network

Time Related Charges

Time Related Charges (TRCs) may also need to be raised to cover time spent by Openreach engineers on repairing faults where this work is not covered under the terms of the Openreach service, i.e. damage to cabling on site, or matters outside of Openreach’s control.

They are also applied for providing or rearranging services or equipment where standard Openreach charges are not available

The following types incur Time Related Charges:

• Repair of End User owned wiring (i.e. any wiring within the boundaries of the End User’s property)
• Repair of End User owned equipment
• Time spent educating users in how to use Calling and Network Features
• Provision work outside of normal working hours
• Provision work beyond the main NTE or Network Termination Point (NTTP)

Calculation of Time Related Charges

Time Related Charges will apply in addition to a visit charge where the work undertaken is at an End User’s premises. Charges are per hour (or part of an hour) and vary depending on when the work takes place, i.e. weekday business hours, or over the weekend.

Charges are raised on a per engineer basis, and as such if multiple engineers are on site, charges will be multiplied by the number of engineers

Address matching

Openreach will class addresses as either:

Gold Address: Where Openreach have or have had service previously Openreach confirm this is a valid address and can provide Installation and Line Plant information

Silver Address: Where Openreach have not provided service they will not be able to supply further site detail, but will look to confirm the address with the post office database

Bronze Address: Where Openreach have not provided service they will also not be able to supply further site detail because the address is not available on the Post Office Database.

In the case of a Silver address or addition of a new address to the system Openreach will need to confirm the stated premises and as such further delay and in some cases charges may be raised to investigate the stated address further.

Line and CPS Order Alignment

We will ensure a CPS order is triggered on any new connection/transfer to our system and ensure we see CPS traffic routing once the line is live.

BT has a lead time of 48 working hours to action a CPS setup request.

Wholesale Exclusions.  The following lines are general exclusions and cannot be transferred to Gamma:

• Payphone Lines
• Feature net
• NHS lines

Feature lines

Feature lines can be transferred to WLR 3, the order will not reject asking you to remove the Featureline product with BT before action a PSTN transfer. Instead it will remove the Featureline product and convert the line to a standard PSTN.

Nuisance/Malicious Calls

The Openreach Nuisance Call Service (NCS) is available. The NCS will not accept requests direct from End Users, where such requests are made the End User will be directed to their provider. The Openreach Nuisance Call Service will be chargeable to the Partner.

If an End User is receiving malicious or nuisance calls they must in the first instance contact us for help and advice. We will manage this initial request and provide to you, the End Users Nuisance Calls Advice (NCA) assistance. Where further investigation is required, we will establish that you, the End User, are willing to refer the matter to the police. Where we have met all the above requirements we will contact our upstream provider who will in turn contact the Openreach Nuisance Calls Service.

BT Phonebooks

You weill be provided one BT Phonebook for their local area for a new installation. Additional phonebooks ordered via the Line Rental System will be available at an additional charge. As phonebook editions are republished, these will be distributed to End Users according to BT Phone Directories normal distribution programme.

Directory Entries

The End User shall be provided with a directory entry for both their main and DDI numbers, as chosen during the order process.

Any request to add special entries may incur additional cost.

Any transfer that we adopt through the transfer of a line will be billed at our Directory prices.

The following types of DQ entry are available:

Ordinary

• DQR (Directory Entry only)
• XNDC (Ex-Directory No Calls)
• NQR (No Directory Entry)

Digital Services
Multi Subscriber Numbering (MSN)

The MSN service allows up to 10 directory numbers to be assigned to an ISDN line, and is only applicable to ISDN 2 Standard lines.

Incoming calls can be presented over any of the channels and the network sends digits to switch to identify the terminal/port/application that the call is for.

CPE must be compatible with this service, and it is the End User’s responsibility to ensure compatibility.

On each outgoing call the individual terminal will provide its programmed MSN digits to the network for identification purposes, and if no digits are sent the network will use the main billing number as its source of identification. This information is then used to generate the Calling Line Identity.

All Digital calling features are applicable to all MSN numbers on the line, and cannot be set up individually.

Number options vary from 2 – 10 numbers and can be contiguous or non-contiguous.

Direct Dialling in (DDI)

Applicable to ISDN 2 System and ISDN 30s, DDIs allow a direct access to an extension user without going via the main CLI. With DDI a range of numbers is allocated to a group of channels and each extension is assigned a DDI number taken from this range.

An installation must be a minimum of 2 channels

Each ISDN circuit can be assigned a maximum of 5 separate DDI ranges, each range consisting of a minimum of 10 consecutive numbers, and all numbers linked to the same set of Calling and Network features.

A mixture of DDI and SNDDIs can be installed on the same installation with all numbers using any of the available channels.

The CPE must support this service and it is the responsibility of the End User to ensure compatibility.

Single Number DDI (SNDDI)

Applicable to ISDN 2 System and ISDN 30s, SNDDI allow for the provision of individual single numbers as DDI ranges, opposed to the standard DDI range which allocates numbers in multiples of 10.

An SNDDI will allow the ability to mix a single number or first number of an existing hunt group and a DDI range on the same ISDN access by providing a single number as a DDI.

This provides notification that an order has been cancelled either at the request of the Channel Partner, or as part of a “Cancel Other” order from the losing CP.

Bring Into Service Process for ISDN 30 only

Once an ISDN 30 order has been provided and the KCI Completed status received the Channel Partner will need to perform the Stage 2 test called Bring into Service in order to ensure the circuit is fully tested.

At this stage a new message will be sent requesting the Channel Partner to arrange a date with an Openreach engineer.

If this message is not actioned on, then KCI messages will be sent to remind the Channel Partner after 10 and 20 working days, until the process is completed, or 25 working days has elapsed at which point the BIS process will be completed and a KCI message sent to confirm this.

Line Isolation

When providing a line to an electricity company’s power station, other operational buildings, or “hot zone” as defined by the electricity companies, isolation of the metallic cable pairs will be required.

For each product there is a specific type of unit which are listed in the pricing matrix found on the Gamma Portal

Business Continuity Services

For ISDN 30 services there is an array of Business Continuity products which will often compliment,

Openreach Engineer Site Visits

Occasionally an Openreach engineer will be required to attend the customer site in order to fix a line fault or fulfil a provision request. These visits will be arranged by us directly with Openreach.

Please note that Time Related Charges will be applied where the fault is not found to be with the Openreach network, or something they have direct control over.

Examples of where charges would be maintained are, building work cutting through underground cables in a car park, through to pest control issues, damaging internal cabling.

Where a valid reason is provided, we will always maintain the charges.

Service Products

Openreach offer Care Level products to offer a series of enhancements, and to align the offering with what’s available on the LLU Product. These provide Partners an enhanced standard offering as well as providing strict SLAs in terms of response times from Openreach once the fault has been accepted.

Care Level 1

This care level is included within the Line Rental price for Basic Single Lines and not available on any other WLR products.

This level of care will operate Monday to Friday (9am – 5:30pm) excluding public and bank holidays. Openreach will aim to clear the fault by the end of the next working day + a day i.e. if a fault is reported on Tuesday at any time; resolution should be actioned before 23:59 on Thursday.

Where out of business hours appointments are required this will have associated costs applied, and be subject to end user availability.

Care Level 3

This level of care will operate Monday to Friday (9am – 5:30pm) excluding public and bank holidays. Openreach will aim to clear the fault on the same day if reported before 12:59, or by 12:59 the following day if reported after i.e. if a fault is reported before 12:59 on Tuesday, resolution should be actioned before 23:59 Tuesday.

Where out of business hours appointments are required this is subject to end user availability.

Care Level 4

This level of care will operate Monday to Friday (9am – 5:30pm) excluding public and bank holidays. Openreach will aim to clear the fault within 6 clock hours from when the fault is accepted i.e. if a fault is reports at 00:00 resolution should be actioned before 06:00.

Where out of business hours appointments are required this is subject to end user availability.

Park time

For all Care Levels mentioned above Openreach will work on the basis that the clock will start and stop when they process or action a resolution on a fault. Where a fault is passed back to you for further update or to confirm resolution, Openreach will class this time as Parked time.

Where park time exceeds 2 hours on a fault, additional lead time of up to half a working day can be added.

Flexible appointing

A flexible appointment will be made available. These appointments will cover:

7am – 8am Monday to Friday 6pm – 9pm Monday to Friday Am/Pm Saturday

Flexible appointments will benefit the end user through the ability to provide a service more attuned to their needs. Please note that flexible appointments cannot be implemented where they shorten the normal service lead time or fall on a public/bank holiday or Sunday.

Expediting a Fault

In some circumstances a fault can be expedited during the Assurance order process.  This expedite is charged at an additional cost

Pricing

Due to the sizeable number of features available on specific lines, providing specific breakdowns of all possible order requests is not something which is contained within this document.

Some common examples of additional charging scenarios are:

• DDI planning charges to install or add additional DDI groups
• Site supplement charges due to the short nature of installing to site offices
• Site surveys for further planning of TRCs or ECCs
• Number selection for choosing a specific number or DDI group

This is not a definitive list and further discussion should be had on any complicated order prior to submission to avoid billing disputes.

Appendix B: Calling and Network features explained

1471 Extra

When using 1471 Extra, End Users can dial the digits 1471 to hear details of up to the last five calls received, including the times and dates of the call (unless withheld). After dialing 1471 instructions are given on how to use the service.

End Users can return the call, numbers can be deleted from the list and End Users can skip backwards and forwards through the list.

End Users can prevent details of their number being registered by the 1471 service of another line by keying 141 before dialing out

The following types of calls cannot be received and do not appear in the list of the last five calls: Charge card Calls
Most calls from outside of the UK
Calls withheld by 141 or Withhold Number

Calls originating from some non Openreach networks Calls from some Payphones

Anonymous Call Rejection

Anonymous Call rejection (ACR) is a network based service that allows End Users to block calls from people who have withheld their numbers

ACR will reject all calls using the withholding feature, and this will include many callers who do not want to, or cannot divulge the number they are calling from, e.g. many Public Services such as Hospitals, DSS, Fire Brigades, Doctors, and Police.

The emergency services are fully aware of the limitations of ACR and calls can be put through by Operator services, which will forward with a number of “Operator”

ACR does not block incoming calls where the identity of the caller cannot be obtained and the message “unavailable” is delivered. This would mean that the call is coming from a network that does not support Caller Display and Call Return type services.

ACR is commonly used to prevent marketing calls from call centers that withhold their number; however it will not prevent calls from oversea call centers where the CLI is not transmitted.

Call Barring Options

There are several variants of call barring available both for inbound and outbound calls.

Outgoing Call Barring

We provide an Outgoing Call Barring (OCB) service on all traffic that routes over its network through programming or Carrier Pre-Selection.

This service will bar the following destinations:

• Premium
• Mobile
• International
• 118
• All Calls (except 999 and Free phone)

Please note if an override code is used, this will bypass this barring routing the call to the selected network provider.

Customer Controlled Call Barring

This service allows End Users to bar certain types of outbound or inbound calls, and include the following destinations:

Bar All Calls except (999,112,150,151,152,154, 0800, 12822,144, CPS and reverse charge calls) Bar National calls, International calls, and calls to mobiles
Bar International calls
Bars all operator connected calls

Bars call to numbers with * or # in them, this will include some Calling and Network features but does not bar Call Barring itself.

Premium Rate Calls

Inbound Calls

There is no restriction on having an outbound call barring option active at the same time as an inbound call barring option

To prevent misuse, a PIN is provided to the End User. If the End User requires a new PIN then this can be requested from Openreach.

If and End User chooses to have inbound calls barred and they also have Wholesale 1571 on the line then the Wholesale 1571 service will no longer work

If an End User chooses to use one of the Call Diversion options and one of the Call Barring options then for both services to work the Call Diversion option must be applied the line before the Call Barring options

Customer Controlled Call Barring with Bypass Number

Customer Controlled Call Barring with Bypass Number is the same as Customer Controlled Call Barring except it has the ability to associated a telephone number with the Call Barring service which when called allows a call to be delivered to the line irrespective of whether any inbound call barring is setup.

The Partner will be advised of the Bypass Number when a request for the service is completed

As with Customer Controlled Call Barring, Bypass number functionality has certain restrictions when used with Wholesale 1571 and Diversion options

Admin Controlled Call Barring

This service allows the End User to restrict certain types of call on their line. The preferred barring option is selected when Admin Controlled Call Barring is requested and cannot be changed by the End User using a Touchtone handset, but instead only through a subsequent request to Openreach.

If the End User wishes to be able to change their barring arrangements at their convenience they should use Customer Controlled Call Barring.

As with Customer Controlled Call Barring, Admin Controlled Call Barring functionality has certain restrictions when used with Wholesale 1571 and Diversion options

Indirect Access Call Barring

Indirect Access Call Barring (IACB or IDA Barring) is a network based feature that rejects any outgoing call attempt by an end user who uses Indirect Access services from another Carrier.

A Partner would use this service to prevent their customers accessing a rival Partner/Carrier’s service via and IDA code.

When an attempt is made via an IDA code, this will be routed to a generic message via a non- branded announcement service.

This barring type would not prevent the routing of calls via Carrier Pre-Selection, however it is worth nothing that if IDA Barring is in place and calls are routed via CPS BT’s override code will also not work in a fault situation with the Gamma network.

Call Diversion Options

There are 3 main variants of Call Diversion

Please note that these variants can only divert to selected International destinations as mentioned below:

Australia, Bahamas, Bermuda, Canada, Cyprus, Denmark, Finland, France, Germany, Hong Kong, Ireland, Malaysia, Norway, Poland, Singapore, Spain, Sweden, United States (excluding Hawaii)

Customer Controlled Call Diversion

This service enables the End User to have all calls diverted to another number anywhere in the UK, most overseas destinations, or to a mobile phone.

An End user can choose to:

• Divert All Calls
• Divert on no reply
• Divert when the line is busy
• Divert on no reply or when the line is busy (system X exchange lines only)

A message is given to the caller when diversion on “no reply” is activated, however the option exists for the caller to hear no message, through the option of Call Diversion no announcement.

Up to 8 calls can be diverted simultaneously or up to 12 on lines connected to a system X exchange.

Where Carrier Pre-Selection is in place calls will route through this service.

The service is available via a monthly renal charge which allows unlimited usage or via a Pay per Use arrangement where no monthly charge applies, but a charge is made each time the service is used. The Pay per Use arrangement is in place as default.

If the Partner requests Customer Controlled Call Diversion on a line that is already has one of the Smart Divert Options on it, then the Smart Divert option will be replaced as the two products cannot co-exist.

As with the Call Barring restrictions, if Call Diversion and one of the Call Barring options are to be used, then the Call Diversion option must be applied to the line before the Call Barring option.

Admin Controlled Call Diversion

Admin Controlled Call Diversion enables the End User to have all calls diverted to another number anywhere in the UK, most oversea destinations, or a mobile phone

When using Admin Controlled Call Diversion all incoming calls are diverted irrespective of whether the line is in use or not, and no changes can be made using a Touchtone handset.

If the End User wishes to be able to change their diversion arrangements at their convenience then they should subscribe to Customer Controlled Call Diversion.

As with Customer Controlled Call Diversion, Call Waiting and Call Barring will be affected if used together.

Smart Divert

Smart Divert is a variant of Customer Controlled Call Diversion with remote control added. It is used for changing the divert options which can be done from any line, not just the line the service is on.

To access the service an Access Number and Pin is used

Smart Divert enables the End User to have all calls diverted to another number anywhere in the UK, most overseas destinations, or a mobile phone.

An End User can choose to:

• Divert All Calls
• Divert on no reply
• Divert when the line is busy

A message is given to the caller when diverting on “no reply” is activated on occasions when the diverted to number returns and engaged tone, however the option exists for the caller to hear no message if required.

Up to 8 calls can be diverted simultaneously, or up to 12 lines connected to a system X exchange. The diverted leg of the call is routed via Carrier Pre- Selection where applied.

Smart Divert with Bypass Number

This is the same as Smart Divert, except a Bypass Number can be associated with the Smart Divert service, which when called allows a caller’s call to be delivered to the line irrespective of whether any diversion arrangements are setup or not.

The Partner will be advised of the Bypass number when the service is setup.

As with previous Bypass features if Smart Divert is requested where Customer Controlled Call Barring is in place, then this will be replaced. When applying Smart Divert and one of the Call Barring options, the Call Diversion option must be applied first.

Call Return aka 1471

Call Return allows the End User by dialing 1471 to hear the number of the last caller together with the time and date of the call, as long as the number has not been withheld or is unavailable from the originating network.

The End User may return the call to the last caller by pressing “3” after they hear the number read out. Calls made via this method are routed via the BT network and not via Carrier Pre-Selection.

Bar Use of Call Return

This feature allows the End User to prevent the use of Call Return (1471) functionality

Call Waiting

Call Waiting enables a gentle beep during a call to alert the End User that another call is coming in. The End User has the option to end their original call and take the new call, swap between the two calls, or continue with their current call. In the latter case the caller will be asked to ring back later, and in all cases Call Return can be used to ascertain the second caller’s number if given.

If an End User has all inbound calls diverted, inbound call diverted when the line is engaged, or 3 way calling in use, then Call Waiting will not work

Caller Display aka CLIP

Caller Display allows an End User (where they have a visual display) to view a caller’s number when the call is being received.

The telephone number of the following types of calls cannot be received:

• Charge card Calls
• Most calls from outside of the UK
• Calls withheld by 141 or Withhold Number
• Calls originating from some non Openreach networks
• Calls from some Payphones

Caller Redirect aka CNI

Gamma would recommend using our MyInbound or IP Product Portfolio for this service, which would provide a higher feature set at a smaller cost

When an End User ceases service and takes up service elsewhere or has a line renumbered, Caller Redirect can be used to refer callers to the new number.

The most common usage is when an End User moves address into a new exchange area and cannot retain their existing number(s)

Calls made to a number that has Caller Redirect on are free to the caller.

This service is different to most Calling and Network features in that it replaces a working line rather than being an additional service.

Choose to Refuse

Choose to Refuse is a service that enables an End User to bar the telephone number of the last answered incoming call.

A maximum of 10 numbers can be barred at any one time, with the oldest being removed should the limit be reached and further additions made.

The End User is allocated a Pin (which can be changed) and allows them the security of being the only person who can add entries or remove entries from the “barred” list.

Callers from numbers which have been barred using the service will receive a network announcement which advises “The person you are calling is not accepting calls from you” and will not be charged for their call.

Direct Connect

A line configured with Direct Connect will automatically dial a preset number when the handset of the connected telephone is lifted.

The number the line is configured to dial is selected when the service is originally setup

The service is typically used in Supermarkets where taxi firms locate a handset which customers can use to contact the taxi firm.

Presentation Number

Presentation Number (PN) is a service that allows End Users to specify an alternative telephone number for the CLI on outgoing calls. When the End User calls out the recipient will see the Presentation Number and not the actual line number on any Caller Display equipment they may have, or where they use the 1471 Call Return service the Presentation Number will be the number stored.

There are many uses for PNs, but utilizing different numbers so return calls are routed correctly within an organization is a sizeable benefit.

The Ofcom regulations governing the use of PN are:

The telephone line for which a PN is being requested should be allocated to the Partner requesting the PN

The PN should either be allocated to the Partner requesting the PN service or, where it belongs to a 3rd party, the Partner has written consent from the 3rd party, which must be confirmed when ordering the PN

A connection must be able to be made for incoming calls as a result of dialing the PN i.e. it cannot be purely outgoing

The Presentations Number cannot be:

• A number that does not start with 0
• A premium rate number in the 09 number range
• An International number
• A number associated with a line where incoming calls are barred

Provided on a line that is in the course of provision as the line is required to be fully operational.

Remote Call Forwarding (analogue lines only)

When an End User ceases service and takes up service elsewhere, or has a line renumbered, Remote Call Forwarding (RCF) can be used to divert calls to an alternative number.

RCF can also be used where the End User wishes to advertise a number from a certain area where they do not actually have a physical presence, which is known as a “New Presence number”.

The most common usage is when an End User moves address into a new exchange area and cannot retain their existing number(s).

With RCF up to 8 calls can be diverted simultaneously, or up to 12 on a system X exchange.

Calls made to a number that has Caller Redirect on are charged to the caller at the usual price, but the diverted leg of the call which will route via Carrier Pre-Selection where applicable will be billed to the Channel Partner.

The service is different to most other Calling and Network features in that it replaces a working line rather than being an additional service.

Remote Call Forward and Caller Redirect (New Presence)

An End User can request a new presence number in any area code on a minimum of a quarterly basis as a new independent product, and is not restricted by the traditional use of when an existing line is ceasing

RCF New Presence is an exchange based facility for transferring incoming calls to a different location

This features varies slightly from other Calling and Network features in that there is no physical line installed

Ring Back

If an End User makes a call and hears an engaged tone they can press “5” to request a Ring Back. This service does not work with calls that were routed via Carrier Pre-Selection.

If the service is required and IDA Barring is not in place, the End User should hang up and dial again using the BT override code of 1280.

The busy number will be monitored by the network for up to 45 minutes, and once the number becomes free the End User’s phone will ring with a distinctive ringtone.

Up to 5 Ring Back requests can be in place at any one time, and an announcement will tell the End User if a Ring Back request can be placed, otherwise a rejection message will be given.

There are 2 payment options for Ring Back, which are a pay a monthly fee which allows unlimited use, or Pay per Use. The Pay per Use option is provided by default.

The Partner will be charged for the resulting call and usage fee if the monthly rental option is not subscribed to, and if the ringing sequence starts but the call is left unanswered the facility fee will be charged where the Pay per Use option is in place.

Ring Back Removal

Ring Back Removal disables the use of Ring Back on an End User’s line, meaning that there is no monthly rental option in place and the default Pay per Use service is not available.

Ring Back Restore

Ring Back Restore enables the use of Ring Back on and End User’s line as a Pay per Use service, where it had previously been removed via Ring Back Removal.

Ring Back Prompt Removal

End Users wishing to have the Ring Back voice prompt removed from their line, (i.e. the message the callers hears when a number is called and it is engaged) but retain the ability to use Ring Back may be provided with Ring Back Prompt Removal free of charge.

Ring Back Inhibit

Ring Back Inhibit is for End Users who do not wish to receive Ring Back requests against their numbers. This service is free of charge

3 Way Calling

This service allows End Users to speak to two other people at the same time even if one of them is abroad. The End User can include or exclude either party at any time during the call.

There are 2 payment option for 3 Way Calling, a monthly rental which allows unlimited usage, or a Pay per Use. The Pay per Use is provided as default.

If an End User is on a 3 Way Call and they also have Call Waiting then the Call Waiting service will not work.

Wholesale 1571

Wholesale 1571 is a chargeable unbranded messaging service that offers the following features:

• Divert incoming calls when there is no reply, or the called line is busy to a voice bank
• An unbranded announcement to instruct the caller to leave a message
• A stuttered dial tone to advise the End User of stored messages which they can access through dialing “1571” from their home phone

Wholesale 1571 will not work if Inbound Call Barring is applied to the same line

Withhold Number aka CLIR

End Users can prevent their telephone number being released across the network on a per call or per line basis.

For an End User to have their number withheld on all calls made, the Partner must request the Withhold Number service which is provided free of charge

For an End User to have their number withheld on a Per Call basis they must dial “141” prior to the telephone number they are calling. Calls prefixed with “141” will still route via Carrier Pre-Selection where applied.

If an End User has the Withhold Number service setup on their line and they wish to release their number on a particular call then they must dial “1470” prior to the telephone number they are calling. Calls prefixed with “1470” will still route via Carrier Pre-Selection where applied.

Bar use of 141

This service prevents the use of the “141” prefix, Withhold Number service by a caller on a per call basis. There is no charge for this service.

Bar use of 1470

This service prevents the use of the “1470” prefix, disabling the facility for an End User to override the Withhold Number service. There is no charge for this service.

Call Minder

A voicemail product which has 2 variants:
Call Minder Customer: A standard Voice messaging service consisting of one mailbox Call Minder Premium: A Voice and Fax messaging service consisting of 5 mailboxes

20 Octet Sub Addressing

For calls from ISDN 2e to ISDN 2e and between ISDN 2e and ISDN 30e, this service allows the end user to send up to 20 Alpha numeric characters with the digits of the number you are dialing.

Different combinations of characters can then be allocated to each device so when called you can select the destination or end point beyond that indicated by the national telephone number.

ISDN lines can send 20 characters internationally on Data Calls, only where the services is supported by the International correspondent.

For ISDN calls to ISDN 30 Dass, this service allows you to send up to 6 Alpha numeric characters Nationally or 4 Octets Internationally.

Terminal equipment must have the ability to send and receive these signals.

Call Deflection (CD)

Call Deflection allows a called End User to respond to an incoming voice or data call by deflecting the call to another number without answering it. All calls are offered to the End User whom may deflect any call on a per call basis.

The ability to invoke and manage this service is dependent on the End User’s equipment, and the End User is responsible for making sure their equipment is compatible.

Calling Line Identity Presentation (CLIP)

CLIP allows the End User to receive and display the calling party’s line identity (CLI or Telephone number) before answering the call. The called party will only receive this information if the caller has no restricted the sending of their number and if they have subscribed to the CLIP service.

Calling Line Identity Restriction (CLIR)

End users can request that their identities (CLI) are not reveled at any times through the use of this service, and can release the CLI if required on a per call basis by using the “1470” code.

Connected Line Identity Presentation (COLP)

COLP allows the End User to receive the line identity (CLI) of the customer to whom their outgoing call has been connected

The COLP service is not automatically provided, and would need to be ordered through the WLR 3 system

To use COLP the End User will need terminal equipment that supports this service, and they should check compatibility with their system supplier

Connected Line Identity Restriction (COLR)

COLR prevents the line identity being seen by customers that use the COLP or Terminating Line Identity service

 

All line rental charges will still be issued whilst the line remains in this state, and it can easily be restored to its original condition.

Temporary Call Diversion

The TCD product allows Partners to request that calls be diverted when a fault is diagnosed on the Openreach network and remains while the fault is in the process of being repaired. TCD cannot however be placed on an installation until diagnostic testing has been completed because it would impact testing.

When raising a fault the option is provided to invoke TCD to a specific number, either through routing over CPS or through the BT network

TCD can be requested at any time during the lifecycle of a fault, and can be removed and adjusted as required. Once the fault has been cleared the TCD will be removed

Terminal Portability

This facility allows for a terminal to be disconnected from its ISDN 2e socket and reconnected to another socket on the same line during a call without losing the call.

The line must be configured for Point to Multi Point working and the terminal equipment must be able to support this facility. Compatibility is the End User’s responsibility

Call Hold

This facility allows any established call to be held by the BT exchange allowing the circuit to be released for a further call.

In order to control the Call Hold service the customer’s terminal equipment must also support the service, and compatibility is the responsibility of the End User.

Busy Out Line (BOL)

BOL can be requested in a fault situation and Openreach will apply this to each faulty ISDN line. This enables the Partner to make ISDN lines inactive in a fault situation, allowing Business as Usual for the other lines at this installation.

Please note that BOL is not compatible with TCD Once the fault has been fixed BOL Is removed.

Digits to Switch

Digital Technology allows End Users to program CPS with part or all of their Directory number, so incoming calls can be routed to the correct piece of terminal equipment.

The network sends digits to the Called Party Number to identify the terminal/extension that the call is for. The Called Party Number then uses this number as routing information to connect the call to the correct terminal.

Digits to Switch must be specified when ordering an ISDN line

Customer Controlled Channel Busying

This service allows a customer to restrict the presentation of calls from the local exchange to selected channels within a hunt group. End Users can choose which channels require this service

An End User can have up to 15 busy lists

Named Engineer (Mon-Fri)

Only applicable to PSTN and ISND2. If a customer requires a Named Engineer before entry can be gained to site they need to advise the WLR Support Desk as soon as the order is committed. It is important that the order is in KCI Committed status as the process cannot be initiated in any other status. Once the WLR Support Desk receives the request for Named Engineer they will start the order process. This is to allow Openreach to build a separate order for the Engineer details and link the order to the customers’ current committed order. This will take a minimum of 4 working days to implement. 48 hrs prior to committed date the Engineer details will be made available and the customer will be informed. Please refer to Pricing Matrix for relevant charges.

Sim 2

When a SIM 2 PSTN order is submitted and the KCI Committed alert has been received, a Broadband order is required to be submitted. The order will fall into KCI Delay until the Broadband order is placed. If no order is placed within 72 hours, the PSTN provide will automatically cancel. Once placed it will be linked to PSTN provision order and be classed as the lead order.

More Focused Appointments (MFA)

(Mon-Fri)

This service offers an engineer arrival on site either between 10:00 and 12:00 or between 14:00 and 16:00.

 

 

Telephone systems & hardware

Horizon

Horizon is our fully hosted, cloud based telephony solution.

Subscriptions

Within the Horizon product we offer one subscription type called Premium. We provide you a single subscription per user which covers all requirements from Call Forwarding to Call Recording. We then apply a defined set of group capabilities such as Auto Attendants and Hunt Groups, based on the number of users requested. For each order placed a recommended amount of Auto Attendants, Hunt Groups and Voicemails will be suggested however can be adjusted as needed for specific customer deployments 
Across each Premium subscription, the following feature set is available:

Account codes		Ad Hoc Conferencing
Authentication		Anonymous Call Rejection
Automatic Call Back		Authorisation codes
Call Admission Control		Busy Lamp Fields
Call Forward Busy		Call Forward Always
Call Forward Not Reachable		Call Forward No Answer
Call Log/history (Top 10 missed, received, dialled)		Call From Anywhere (Remote Office)
Call Notify by Email		Call me Anywhere (Twining)
Call Pickup	Call Park
Call Recording Inbound	Call Return
Call Transfer	Call Recording Outbound
Calling Line Id Blocking	Call Waiting
Calling line Id Delivery (Internal)	Calling line id Delivery (External)
Calling Policy	Calling Name Retrieval
Diversion inhibitor	Call Hold
Device Customisation	Do not Disturb
Hot Desk	Group Paging
Hunt Group – Circular	Hunt Group – Regular
Hunt Group – Simultaneous	Hunt Group – Uniform
Hunt Group – Weighted Distribution	Instant Group Call
Last Number Redial	Music on Hold
Music on Hold User	Pre-set availability Profiles
Number Presentation	Scheduling on Auto Attendant
Selective Call Rejection	Scheduling on Hunt Group
Sequential Ring	Speed Dials
Voice Messaging – User and Hunt Group

For feature explanations for the above, please contact us.

Bolt-Ons

Bolt-Ons have been designed outside of the core Horizon service in order to add further and more specialised customisation of the core Horizon service.

The following bolt-Ons are available to all customers:

• Integrator Desktop Client with optional CRM integration
• PC Desktop Softphone
• Smartphone App – Android & iOS
• Receptionist Console
• Live Data Feeds (for Akixi Call Management Reporting Service)
• Call Queue Group
• Call Recording Storage
• Call Centre Agent
• Call Centre Agent Client
• Call Centre Supervisor Client

Integrator

Integrator is a powerful piece of software that all allows a user to control their Horizon service from their desktop without having to log in to their Horizon portal or navigate through phone menus. In addition, the software integrates with a user’s Outlook program making contacts easily accessible and dial-able from Outlook and the desktop. Accessing key features and settings becomes very quick and easy, and finding and dialling contacts very fast – helping users to work more efficiently and be more productive. Telephony presence (with Click to Dial) is also provided for up to 20 work colleagues, definable by each user. Furthermore, for those businesses who use Microsoft Skype For Business, they will enjoy the benefit provided by the integration of Horizon’s phone status with a user’s status (on a call or DND).

Integrator CRM provides the full functionality and associated benefits of Integrator, as well as providing integration with 20 of the top CRM systems in the UK market today. The additional CRM functionality provides screen popping and click to dial from the chosen CRM and integrates it with certain desktop features such as desktop contacts searching.

The following CRMs are supported:

	CRM	Versions Supported
	eGroupware	1.0 – 1.8
	GoldMine	5.5 – 9.2
	LDAP	N/A
	Lotus Notes	7 – 8.5
	Maximizer	9 – 12
	Microsoft Access	2000 – 2013
	Microsoft Dynamics CRM	3, 4, 2011 & Office 365
	Microsoft Dynamics NAV	4, 5 & 2013
Microsoft Outlook 32 bit		2000 – 2013
Microsoft Outlook 64 bit		2010 – 2013
National Directories		Eniro (SWE), tel.search.ch (SWI), Infobel (BEL)
NetSuite		11
Sage 50 Accounts (UK Edition)		2008 – 2013
Sage 50 Accounts (US Edition)		2012 – 2013
Sage Act!		2008 – 2013
Sage CRM		7.0 – 7.1
Sage SalesLogix		7.2 – 7.5
Salesforce		Enterprise
Sugar CRM		5.0 – 6.6
SuperOffice		6.1 – 7.1
vTiger		5
Zoho		4

 

Desktop Softphone

This desktop client allows user to make and receive calls from their PC (using an appropriate headset), as well as quickly accessing key settings for their Horizon service. This is an ideal bolt-on for users who often work remotely; work from different locations where it is not practical to install a handset or who are regularly on the move with access to Wi-Fi (e.g. hotel stays).

In addition to the above the softphone also provides presence and instant messaging between users who also have a softphone (or smartphone app).

Smartphone App – Android & iOS

The Smartphone app is allows a user to make and receive calls on a mobile device, as well accessing key setting for their service. It provides all the same functionality as the desktop client above, with the exception of Click to Call and Group Chat.

Desktop and Mobile Clients Usage Guidelines

Please carefully consider the following advice on the use of mobile and desktop clients:

We cannot guarantee any aspect of setting up and conducting a Horizon call over any mobile network, whether using a Horizon mobile client or desktop client on a tethered laptop. Mobile networks provide no prioritisation of signalling and voice payload packets and some networks will either block or slow down VoIP packets.

If a customer reports a call quality or availability issue on a desktop or mobile client, please ensure you have checked that a mobile network is not being used to connect to the platform, as we are unable to provide support for such incidents.

Using the clients over 3/4G will consume data that may either result in charges being raised by the user’s mobile operator or be counted against the user’s monthly data allowance.

* PC only (MAC not supported until later release)
** Android and iOS only
~ Internet Explorer only
^ Not available for the External Company or User Directories ^^ Only when both parties have an active soft client

Receptionist Console

To complement the Horizon web interface a dedicated receptionist console is available to manage incoming calls over a single or multiple site.

This console provides the ability to:

• Monitor incoming calls to key numbers over all Horizon sites
• Monitor fixed (200) or dynamic (800) users over all Horizon sites
• Monitor call queues and adjust priority of callers within these queues
• Add notes to contacts to show related information such as leave
• Establish and manage conference calls in the site

The receptionist console is provided when this additional bolt on is provisioned and uses the chosen receptionist user subscription therefore does not incur additional subscription costs over and above the cost of the console bolt on.

Call Queue Group

This is a basic simultaneous Hunt Group with the ability, should all users be engaged, to queue up to 25 calls at the network level. Each Call Queue Group can be customized with its own Welcome, Comfort, and Hold music/messaging, and has the added capability of a user breakout.

Call Recording Storage

This is provided in a range of charging tiers and designed for use with the ‘on demand’ and ‘X% of calls recorded’ features over both user and also groups.

Call recording retention is defaulted to 3 but has 6 and 12 month options before being deleted

Call Services

Call Termination and Call Barring

We will support voice calls to all UK, mobile and international destinations. Call barring is available for the following destinations:

• UK national – 01, 02, 03
• UK mobile – 07
• UK Premium Rate (09)
• International – 00, 155
• Directory Enquiries (118 XXX)
• Allow freephone calls

Coupled with this a full company level bar is available with the option to either bar calls, but allow a primary/secondary number, or transfer all outgoing calls to a primary or secondary number

Local Dialling

Local dialling, where you dial a number without the area code, is supported on Horizon and a full area code does not need to be dialled for local calls. Please note that the local area is defined as the user’s DDI, or where not assigned the main site DDI that the user is associated to.

End Users should aim to use the full dial code where possible, otherwise network announcements may well be returned.

DTMF

DTMF is supported over Horizon

Non–Geographic numbers

Non-geographic numbers (e.g. 0845, 0844, 0870, and 0871) cannot be added or used within the core Horizon system.

As part of your overall solution a non-geographic number can be used for inbound calls only, if setup on our simple translation product, and pointed to a geographic number on Horizon.

CLI Presentation

CLI Presentation is supported on Horizon and allows an administrator to present a choice of either the “Site” number, “Withheld / Private” or “User DDI”.

The numbers presented have to be Horizon numbers either allocated at point of order or ported to the Horizon product.

Alternative Number Presentation is also available where any number owned by an End User can be presented, as long as it meets Ofcom guidance on CLI Presentation.

This means it must be:

• A number that can be reached / dialled
• A number that has been received, from the public network and passed on unchanged
• It will have been allocated either to the caller or if allocated to a 3rd party only used with the 3rd party’s explicit permission
• It must not be a number that generates an excessive call charge (i.e. one prefixed 090 or 091)
• It is supported by an underlying network number and service

For calls to the Emergency Services Operator, the presentation to the Called Party will always be defaulted to the Site Number allocated to the Company, and where address information is stored.

Please note that some combinations of CLI presentation and call recording will result in the call recording not recording calls for the call flow required. Please check the Call Recording Interaction guide for further detail.

Emergency Services Support

The emergency services can be accessed through Horizon by dialling either 999/112.

When provisioning the Horizon service we will ensure that the site CLI defined is logged in the emergency services database, with a VoIP service type and address information provided to us.

This will ensure that where an emergency call is presented the operator will always aim to confirm the address with the customer because of the nomadic capabilities of these numbers.

However aside from this, the call will be handled no differently to a traditional analogue call.

For outbound CLI presentation to 999/112 the users DDI number will be used. If the user does not have a DDI number then the site DDI number will be used.

Horizon also does not operate identically to traditional phone systems and lines when contacting 999 or 112 emergency services, in that if an underlying component of an IP network fails, calls cannot be made.

Scenarios that could impact the ability to make emergency calls are:

• During a service outage, where an end customer loses connectivity, for example owing to a power outage or the failure of DSL routing equipment
• If an end –customer’s account has been suspended
• In such circumstances the end customer should ensure they have an analogue phone available to plug into a PSTN line, however in reality it is likely mobile devices will be available to use.

Other consideration should be given on design and installation for sites where specific issues are known, e.g. power outages and backup power options.

Please note that in the event of such an emergency, there are a number of features Horizon can implement to ensure incoming business is maintained whilst the emergency is dealt with.

Call Services not supported

Horizon does not at present support the following services:

• Analogue phones and devices, although a terminal adapter box can be used to connect these if required
• ISDN Data calls
• Numbers not allocated to the Horizon platform
• International number presentation (we cannot guarantee presentation of a UK CLI across International carriers)

Alpha Tagging

With this feature, the handset will display the inbound and outbound caller name. The data is taken from both the company directory and a user’s personal directory

Please be aware, that this will not work for calls originating from the Soft Clients or the Cisco IP323 DECT handset.

Network Access

Horizon like all IP offerings needs to be delivered over a voice focused and well managed network, ensuring that the required amount of bandwidth has been provided based on the number of consecutive calls and codec (G729, 711, 722) being used.

Gamma’s Data services have been specifically designed to provide this essential connectivity platform on which to run your business communications, and also allow you to run either dedicated pipes for data and voice, or where required a fully converged solution through our Ethernet offerings.

Through using our Data services with Horizon you will benefit from:

• Your voice traffic never leaving the Gamma network
• Increased accountability with a provider who can see from your customer’s site, through to termination 
of the call
• A connection from a UK provider, with a network focused at routing voice over IP
• Flexible offerings, and dedicated/uncontested bandwidth
• 24/7 monitoring and helpdesks, being proactive and easily contactable, rather than raising a ticket and 
passing it on.
• Service Level Agreements covering performance, delivery, availability and time to fix.

Number Porting

Number porting is subject to the same porting agreements and charges detailed on Gamma’s porting guide.

In order to port a number we must have a porting agreement in place with both the current owning provider and the original range holder.

Releases and Change Management

Horizon as a communications platform has an ongoing development roadmap to ensure we offer our customers the very latest in technologies, and release any improvements which are identified.

Geographic Calls

The total number of calls per user from an endpoint shall not exceed 2,000 minutes per month (to 01/02/03 terminations). Any users exceeding that limit will be subject to a per minute price for the total volume of calls per user account according to the existing IP rate card currently associated with the account. In addition calls to numbers beginning 03 shall not exceed 15% of the total calls for that user.

Calls to Mobile

The total number of calls per user from an individual user to UK Mobile Destinations shall not exceed 2,000 minutes per month. Any users exceeding that limit will be subject to a per minute price for the total volume of calls according to the existing IP rate card currently associated with the account.

Fraud Management

The Fraud Management System feature allows us to monitor and automatically bar calls based on a user defined monetary threshold, per Company. For further details, please get in contact with out customer services team.

On premise telephone systems

For hardware, standard manufacturer warranties apply.

For ongoing support, a maintenance contract is available subject to a monthly fee.  The terms and conditions are detailed on the agreement document that relates to the specific hardware under cover.

Mobile telephone services

General Terms and Conditions

1. Agreement structure

1.1 Each Order Form between Customer and HJS Technology Ltd will incorporate these General Terms and any applicable Service Specific terms (together, the ‘Agreement’).

Unless specifically stated otherwise in an Order Form, the Service Period shall be 24 months (the ‘Minimum Period’) and the relevant term per connection for each connection shall be 24 months.

1.2 If there is any inconsistency between the various provisions of the Agreement, the following order of precedence will apply, where 1 has a higher precedence than 2 and so on: (1) Any agreed amendment/Amendment Notice (2) Order Form; (3) Service specific terms (4) General Terms.

 

2. Services and Coverage

2.1 HJS Technology Ltd shall use reasonable endeavours to provide Customer with the Services and to ensure the security of Customer’s communications at all times. However, due to the nature of mobile technology, it is impossible to provide a fault-free service.

2.2 HJS Technology Ltd may suspend the Services: (i) in order to carry out maintenance or testing of the Network; (ii) during any technical failure of the Network, (iii) when it is necessary to safeguard the security and integrity of the Network or to reduce the incidence of fraud; (iv) where it identifies Artificially Inflated Traffic; or (iv) due to Emergency Planning Measures. HJS Technology Ltd shall endeavour to keep all such suspensions to a minimum and shall give Customer notice of such suspensions where reasonably practicable.

2.3 HJS Technology Ltd shall use reasonable endeavours to give Customer access to Overseas Networks; however, HJS Technology Ltd shall not be responsible for the performance of Overseas Networks or any part of the Network not controlled by HJS Technology Ltd. Overseas Networks may be limited in quality and coverage and access and service availability depends on the arrangements between the Network and Overseas operators.

2.4 The Customer accepts that the quality and availability of Mobile Services may be affected by factors which are outside the control of HJS Technology Ltd. These may include physical obstructions, atmospheric conditions and other causes of radio interference, faults in telecommunications networks, unavoidable maintenance or force majeure events. HJS Technology Ltd will have no liability to the Customer in connection with such adverse effect.

2.5 In respect of any roaming services which may form part of the contract, there will be a reliance on third party operators and HJS Technology Ltd makes no warranty as to the quality, fitness, continuity or provision of service. HJS Technology expressly excludes all liability in contract, tort or otherwise in relation thereto.

 

3.Customer’s use of Equipment and Services

3.1 Customer may supply the Equipment and Services to End Users, but not to any other party. Customer is responsible for ensuring the compliance of End Users with the terms of this Agreement, all applicable laws and Codes of Practice.

3.2 Customer shall only use Equipment authorised for use on the Network.

3.3 Customer shall not:

(a) Use any Equipment or Services for any purpose that HJS Technology Ltd (acting reasonably) believes is abusive, a nuisance, illegal or

fraudulent; or

(b) do anything that causes the Network to be impaired or damaged; or

(c) modify Equipment and/or Services (including any Software or integral safety features) that HJS Technology Ltd has supplied to Customer or End Users, except in accordance with the manufacturer’s written specifications, as required by law or with our prior written permission.

3.4 Where a Customer causes HJS Technology Ltd to be in breach of its obligations of clause 3.3, HJS Technology Ltd shall be entitled to suspend such Customer’s use of the Services. Before exercising this right, HJS Technology Ltd shall notify Customer of its intention to do so where this is reasonably practicable, allowing an opportunity to remedy the alleged breach (where it is capable of remedy); otherwise HJS Technology Ltd shall notify Customer as soon as reasonably practicable after the suspension. This right of suspension shall only apply during the period of breach, although re-instatement of the Service may be subject to the payment of a reconnection charge by Customer.

3.5 During any period of suspension, Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services.

3.6 Customer may use the Equipment and/or Services to access the internet and services not provided under this Agreement. HJS Technology Ltd accepts no responsibility for these services, including where in accessing the service, Customer gives unauthorised parties access to its equipment.

 

4 GSM Gateways

Customer shall not connect or continue connection of any GSM Gateway(s) to the Network without HJS Technology Ltd.’s prior written consent, which may be withheld at HJS Technology Ltd’s absolute discretion. Customer shall cooperate with HJS Technology Ltd at all times to ensure that such GSM Gateways that are connected to the Network remain compliant with the applicable law and with HJS Technology Ltd’s GSM Gateway Commercial Policy.

 

5 Charges and Payment

5.1 HJS Technology Ltd states all Charges exclusive of VAT, unless specified otherwise. All Charges not specified in an Order Form shall be at Standard List Price. Charges shall include the cost of delivery to the UK mainland of any Equipment we supply to you, but shall not include any special equipment or work such as cutting away, decoration, ducting, ground work, building work or other similar work.

5.2 Charges shall be charged in accordance with your price plan.

5.3 Access Fees shall be invoiced by HJS Technology Ltd monthly in advance and all other Charges shall be invoiced monthly in arrears. Invoices shall be paid by Customer in cleared funds no later than 14 calendar days from the date of the invoice (“Due Date”), by direct debit. If Customer does not pay by direct debit, an administration charge may be charged, If Customer subsequently cancels its direct debit instruction without arranging an alternative direct debit mandate, HJS Technology Ltd shall be entitled to terminate this Agreement for material breach.

5.4 If Customer reasonably and in good faith disputes an invoice or part of it, Customer shall notify HJS Technology Ltd of such dispute within 14 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much Customer considers is due. All Charges not in dispute shall be paid by the Due Date.

5.5 Where HJS Technology Ltd has not received payment for undisputed Charges by the Due Date, HJS Technology Ltd shall: (i) contact Customer’s Accounts Payable Department to request payment; (ii) be entitled to charge interest on the overdue Charges at the highest rates permitted by applicable law; and (iii) be entitled to charge any administration fees or other similar charges levied by a bank in respect of any unpaid items returned by the bank. Where HJS Technology Ltd has not received payment within 16 calendar days of the Due Date, HJS Technology Ltd may take all or any of the following actions until such time as payment, including any interest due, has been received:

(a) withhold any sums owing to Customer by HJS Technology Ltd and offset it against any sums Customer owes to HJS Technology Ltd under this Agreement;

(b) suspend Customer’s and/or End User’s use of the Services in relation to which Charges are outstanding;

(c) withdraw any discount in relation to the relevant Equipment or Service and charge Customer HJS Technology Ltd’s Standard List Prices for that Equipment or Service; and

(d) subject to HJS Technology Ltd having first invoked at least one of the remedies as set out in Clauses 5.5 (a) to (c), HJS Technology Ltd shall be entitled to terminate this Agreement in whole or in part in accordance with Clause 11.3.

5.6 Customer shall not be entitled to offset any sums owed to it by HJS Technology Ltd under any Agreement or dispute between the Parties against any sums that Customer owes to HJS Technology Ltd under this Agreement.

5.7 HJS Technology Ltd may credit assess Customer from time to time as reasonably required to assess HJS Technology Ltd’s risk. Each credit assessment shall entitle Customer to have a credit limit on Customer’s HJS Technology Ltd account (details of which are available on request.)

5.8 Customer is not entitled to change its tariff to another tariff with a lower monthly fixed charge during the Minimum Period.

5.9 If Customer does upgrade before the end of the initial Minimum Period (the “Initial Period”), Customer acknowledges and agrees that it must extend the Agreement by a further Minimum Period from the date of such upgrade (the “Extension Period”). For example, if at month 17 of a 24 month Initial Period Customer wishes to extend, the Extension Period will represent an additional 17 months beyond the Initial Period.

5.10 Customer will be liable for any fraud or misuse and accepts full risk and responsibility for any associated cost.

 

6. SIM Cards and Numbers

6.1 SIM Cards shall remain the property of HJS Technology Ltd at all times and Customer shall be entitled to use the SIM Cards (including any Software they contain) provided for use with the Services only.

6.2 Customer shall use all reasonable endeavours to ensure that SIM Cards are only used by individuals with Customer’s authorisation and shall inform HJS Technology Ltd as soon as is reasonably practicable after Customer becomes aware that a SIM Card is lost, stolen or damaged. Subject to Clause 9.1 Customer shall be liable for any loss or damage suffered by Customer or its End Users as a result of unauthorised use of SIM Cards (including due to loss or theft), up to the time that Customer has notified HJS Technology Ltd that such SIM Card is being used without Customer’s authorisation.

6.3 HJS Technology Ltd shall allocate telephone numbers to Customer which Customer shall only use to access the Services. HJS Technology Ltd may reallocate or change such telephone numbers as a result of changes in applicable law or instructions from the Regulatory Authorities, but will exercise all reasonable endeavours to minimise any disruption to Customer or End User. HJS Technology Ltd may withdraw telephone numbers that have been allocated to Customer as a result of Customer’s failure to comply with this Agreement.

6.4 If Customer decides to Port a mobile telephone number allocated to Customer by HJS Technology Ltd, HJS Technology Ltd shall transfer Customer’s mobile telephone numbers to Customer’s nominated mobile network operator for Customer’s use in accordance with OFCOM regulations.

 

7. Software Licence

7.1 Equipment and Services provided under this Agreement may contain or use Software. This Software is generally not owned by HJS Technology Ltd. Any Software that is used by Equipment or Services shall be governed by the terms of the relevant Software Licence set out in such Services Schedule or any shrink wrap or click through Software Licence provided with the relevant Equipment or Service. In all other cases, where Software is provided HJS Technology Ltd grants the Customer and/or its End Users, as applicable, a non-exclusive, royalty free Licence to use any such Software for the Term of this Agreement.

7.2 Customer or End User’s Licence shall be a single user Licence. Customer may make one copy of the Software for back up purposes. If Customer does not accept the terms of the relevant click through or shrink wrap Software Licence, Customer shall be prohibited from using the relevant feature of the Service to which the Software relates and HJS Technology Ltd shall not be bound to deliver the relevant Service. Customer shall be responsible for any Software upgrades (including charges) specified by the licensor or HJS Technology Ltd.

 

8. Orders and Equipment

8.1 Customer shall provide accurate information for completion of the order form.

8.2 Orders are binding on both Parties from the date of acceptance by HJS Technology Ltd. If acceptance is not express, it shall be deemed to have occurred on dispatch of Equipment or activation of Service by HJS Technology Ltd.

 

9. Equipment

9.1 If Customer orders Equipment directly from HJS Technology Ltd, which HJS Technology Ltd supplies directly to Customer the provisions of this clause shall apply in relation to that Equipment. HJS Technology Ltd shall bear the risk of loss or damage to Equipment and SIM Cards until the point of delivery to Customer. Subject to clause 9.2, Customer shall bear the risk of loss or damage to Equipment and SIM Cards from the time of delivery to Customer.

9.2 Customer shall notify HJS Technology Ltd in writing within 5 Business Days of receipt if Equipment or SIM Cards arrive having been damaged, or if the order has been incorrectly fulfilled. Customer shall notify HJS Technology Ltd in writing within 10 Business Days of confirmation of HJS Technology Ltd’s order acceptance if Customer does not receive the Equipment or SIM Card. Following such notification by Customer, HJS Technology Ltd shall replace damaged new Equipment or SIM Cards, Equipment lost or stolen in transit, and any incorrect Equipment or SIM Card, free of charge. In the case of damaged used Equipment HJS Technology Ltd shall (at its option) replace or repair the Equipment.

9.3 Subject to clause 6.1, title to Equipment shall pass to Customer as soon as HJS Technology Ltd has received payment for it in full. Where Equipment is provided free of charge and is paid for over the duration of the Initial Period, title shall pass at the end of the Initial Period.

9.4 Where Equipment supplied to Customer by HJS Technology Ltd becomes faulty for reasons other than through Customer’s acts, omissions or misuse within the manufacturer’s warranty period, Customer shall return such Equipment to HJS Technology Ltd at HJS Technology Ltd’s cost and HJS Technology Ltd shall repair or replace the Equipment in accordance with HJS Technology Ltd’s Recovery Policy, or where mandated by the manufacturer of the device, in accordance with the relevant manufacturer’s repair, replacement or recovery policy. Any out-of-warranty repairs shall be at HJS Technology Ltd’s Standard List Price.

9.5 HJS Technology Ltd does not manufacture Equipment and save for Clause 9.4 above excludes, to the fullest extent permissible at law, all warranties, terms or conditions in relation to Equipment, whether implied by law or otherwise. HJS Technology Ltd shall pass on the benefit of any warranties that HJS Technology Ltd obtains from the manufacturer of any Equipment supplied to Customer by HJS Technology Ltd. However, on expiry of this Agreement, any commitment by has to liaise with the manufacturer in respect of any warranty shall cease.

9.6 Customer shall not remove or obscure any logo or writing on Equipment that HJS Technology Ltd has supplied to Customer and which Customer does not own. Customer shall replace all batteries and other consumable parts of the Equipment.

9.7 Customer shall not, and shall ensure that End Users do not tamper with or attempt to repair or service the Equipment or allow any party other than HJS Technology Ltd to do so. Any attempt to do this may invalidate the manufacturer’s warranty.

9.8 Customer shall keep all Equipment that HJS Technology Ltd has supplied to Customer and which Customer does not own, in Customer’s possession (which shall be deemed to include the possession of Customer’s End Users), and shall not sell it, place a charge on it or otherwise dispose of it.

9.9 HJS Technology Ltd’s supply of Equipment and accessories shall be subject to availability.

9.10 If HJS Technology Ltd provides Customer or an End User with security codes as part of the Services, Customer agrees and agrees to ensure that its End User’s shall keep the security codes confidential. Customer must inform HJS Technology Ltd immediately if it suspects that security codes have been disclosed to a third party so we can issue new security codes.

9.11 HJS Technology Ltd is not obliged to agree to any upgrades to the Equipment it supplies to the Customer (either directly or via a Partner) during or after the Minimum Period but if it does, HJS Technology Ltd shall be entitled to extend the Minimum Period.

 

10 Call Limit, Deposit and part payment

10.1 HJS Technology Ltd may set a limit on the amount of Charges Customer may incur during each calendar month and/or a maximum number of active Connections and/or a bar on SIM Card(s) being used on overseas networks or for making international calls or premium rate calls, which we refer to as a call limit. HJS Technology Ltd may agree to increase or remove the call limit, after making credit checks. Customer may be able to go over your call limit, but if this happens you shall be required to pay all Charges immediately. HJS Technology Ltd reserves the right to refuse to provide Equipment and/or Services to you if in HJS Technology Ltd’s opinion it may cause you to exceed your call limit or if the call limit is already exceeded.

10.2 HJS Technology Ltd may ask you for a deposit:

10.2.1 When we connect your SIM card;

10.2.2 If you wish to increase or remove your call limit;

10.2.3 if you increase how much you use the Services; or

10.2.4 to unblock your SIM card from contacting international numbers, using overseas networks, or making premium rate calls.

10.3 When this Agreement expires or is terminated for whatever reason, HJS Technology Ltd will repay any deposit that you have provided to us, less any money you owe us. HJS Technology Ltd will not pay any interest on any deposit we receive from you.

10.4 If there is a significant increase in your usage between bills, we may contact you and require you to pay all or part of your outstanding usage Charges in order to continue to use the Services.

 

11. Termination

11.1 Customer shall have the right to terminate this Agreement in whole or in part by giving HJS Technology Ltd 1 month’s written notice of termination, subject to the payment of any early termination charges as set out in Clause 12.7.

11.2 The Parties shall each have the right to terminate this Agreement with immediate effect (by serving written notice of termination to the other Party):

11.2.1 if the other Party becomes subject to an Insolvency Event; or

11.2.2 if the other Party is in material breach of any of its obligations under this Agreement (provided that where such breach is capable of remedy, the breaching Party is given 30 days to rectify such breach from the date that notice of any breach is received from the non-infringing Party).

11.3 Subject to Clause 5.5(d), HJS Technology Ltd may terminate this Agreement in whole or in part with immediate effect, by giving notice in writing:

11.3.1 where Customer has failed to pay any Charges due within 30 calendar days of the Due Date and has gone through the HJS Technology Ltd collection cycle; or

11.3.2 where HJS Technology Ltd has repeatedly invoked its rights of suspension pursuant to Clause 3.3 or Clause 5.5(b), or has invoked its right of suspension under clause 2.2 (iv) for a period of not less than 14 days.

11.4 Customer shall acknowledge, as soon as reasonably possible, the receipt of any notice of termination of this Agreement (in whole or in part) received in writing from HJS Technology Ltd.

 

12 Consequences of termination

12.1 On termination of this Agreement as a whole, or partial termination (for example of a specific Order), Customer shall immediately cease use of the Software (except Software which is embedded in Equipment to which Customer has title).

12.2 Customer shall (if requested by HJS Technology Ltd) delete or destroy all copies of the user documentation which HJS Technology Ltd has supplied or which Customer has copied, in whatever form and return, delete or destroy all copies of the Software (except Software which is embedded in Equipment to which Customer has title) within 7 calendar days of termination of this Agreement or of termination of the relevant Service, and provide HJS Technology Ltd with written confirmation that all such copies have been returned, deleted or destroyed.

12.3 Where this Agreement is terminated as a whole, HJS Technology Ltd’s entire relationship with Customer shall terminate and HJS Technology Ltd shall no longer supply, and Customer shall immediately cease to use any Services that were supplied pursuant to this Agreement.

12.4 On expiry of a Service Period, the Service shall continue until terminated by either Party on 30 days’ notice, in accordance with the Order Form and this Agreement.

12.5 On termination of the Order Form, the Customer’s Services supplied pursuant to the relevant Order Form shall cease immediately and the Customer will immediately pay to HJS Technology Ltd all sums due or payable under the relevant Order Form in relation to the terminated or expired Services, including any early termination payment calculated in accordance with clause 12.7 below.

12.6 Where this Agreement or any Service has been terminated in accordance with Clause 10 or as otherwise permitted in this Agreement prior to expiry of a Service Period, Customer shall pay to HJS Technology Ltd a lump sum termination payment calculated in accordance with the provisions of clause 12.7. For the avoidance of doubt, where this Agreement is terminated as a whole, each Connection placed under this Agreement shall also terminate.

12.7 Where Customer terminates any Connection prior to the expiry of that Connection’s term per connection (whether on termination of the Services as a whole, or otherwise,) Customer shall pay to HJS Technology Ltd a lump sum termination payment representing the balance of any rental or other payment (including any kit allowance rebate) which would have been paid for the remaining period of the term. This calculation will include either:

(a) Average ARPU x number of months remaining of each term per connection that has been terminated (where for the purposes of this clause ARPU means Average Revenue Per User); or

(b) Access Fee x number of months remaining of each term per connection that has been terminated; whichever is higher.

12.8 If Customer disconnects a material part of its Connections, or systematically disconnects Connections on a recurring basis during the term of this Agreement, HJS Technology Ltd shall have the right to terminate the relevant Service and charge Customer a termination payment calculated in accordance with the formula set out in clause 12.7.

12.9 Where this Agreement is terminated due to Customer porting to another network or where Customer migrates the mobile phone number(s) to another service provider, HJS Technology Ltd may charge a reasonable administration fee in respect of each number that is ported or migrated in addition to any termination fees payable in accordance with clause 12.7.

 

13 Intellectual Property

13.1 The Intellectual Property Rights that exist in Services, Software and Equipment are owned by HJS Technology Ltd and HJS Technology Ltd’s licensors. By supplying Customer with Services, Software and Equipment, HJS Technology Ltd is not transferring or assigning ownership of any Intellectual Property Rights in or relating to them to Customer.

13.2 Where HJS Technology Ltd creates Intellectual Property Rights during or as a result of the supply by HJS Technology Ltd of Services, Software and Equipment to Customer, HJS Technology Ltd shall own all such Intellectual Property Rights.

13.3 Customer must not do anything to jeopardise HJS Technology Ltd or its licensor’s Intellectual Property Rights.

 

14 Changing the terms of this Agreement

14.1 HJS Technology Ltd shall be entitled to change the terms of this Agreement by issuing an Amendment Notice, without Customer’s consent, to the extent that such changes are required by or are necessary (in HJS Technology Ltd’s opinion acting reasonably) to comply with applicable law. Where practicable, HJS Technology Ltd shall provide Customer with advance notice of such changes. If advance notice cannot be provided, HJS Technology Ltd shall advise Customer of the change as soon as practicable after it has been made. HJS Technology Ltd shall not be liable to Customer for any claims by Customer as a consequence of such changes.

14.2 HJS Technology Ltd may change the terms of this Agreement without Customer’s consent where to the extent that such changes are required due to alterations to the Network; the manner in which HJS Technology Ltd operates; the way in which HJS Technology Ltd provides Services (including where, in HJS Technology Ltd’s reasonable opinion, it is no longer commercially viable to provide a particular Service), provided that such changes affect at least 90% of HJS Technology Ltd’s relevant customer base. In these circumstances, HJS Technology Ltd shall advise Customer of the change via an Amendment Notice, at least 30 days in advance of the change taking effect. If Customer is materially disadvantaged and objects to such change, Customer may terminate the relevant Order Form under which the affected Service is provided by giving 30 days written notice. This right to terminate ends 30 days after the date that the change became effective. HJS Technology Ltd shall not be liable to Customer for any claims by Customer as a consequence of such changes.

14.3 Save as set out in Clauses 14.1 and 14.2, changes to this Agreement must be made by written agreement of the Parties.

 

15 Confidentiality

15.1 This Agreement and any information about Services that is not publicly available, is confidential, and may be disclosed by Customer to Customer’s employees only, strictly on a need-to-know basis, unless otherwise agreed in writing with HJS Technology Ltd.

15.2 HJS Technology Ltd shall be entitled to keep records of Customer information, which HJS Technology Ltd shall use to perform HJS Technology Ltd’s obligations under this Agreement, and for related purposes.

15.3 HJS Technology Ltd shall be entitled to disclose Customer information as required by any legal, regulatory or financial agency or by court order, any HJS Technology Ltd group company or any third party (some of whom may be outside of the European Union) for the purposes of providing the Services.

 

16 Liability

16.1 Nothing in this Agreement shall operate to restrict either Party’s liability to the other from: death or personal injury resulting from negligent acts or omissions; claims for non payment; the non-excludable statutory rights of consumers (for example, under laws providing for strict product liability); breaches of any Software Licence; breach of any obligation of confidence; and any infringement of HJS Technology Ltd’s Intellectual Property Rights.

16.2 Except for Clause 16.1 above and to the extent not prohibited by law:

16.2.1 each Party’s maximum aggregate liability for all claims relating to Equipment or a Service provided pursuant to this Agreement, whether for breach of contract (including repudiatory breach), breach of warranty or in tort, including negligence, will be limited to 100% of the value of the Charges paid or payable under the relevant Order Form during the previous 12 month period under which the Equipment or Service that is the subject matter of the claim is supplied; and

16.2.2 neither Party will be liable for any indirect, punitive, special, incidental or consequential damages in connection with or arising out of the terms of this Agreement nor any direct or indirect loss of business, revenue, profits, goodwill, use, data, compensation, ex gratia payment or other economic advantage, however they arise, whether in breach of contract (including repudiatory breach), breach of warranty or in tort, including negligence, and even if that Party has previously been advised of the possibility of such damages or whether such liability could be assumed to be the responsibility of HJS Technology Ltd . HJS Technology Ltd shall not be liable to Customer if it is unable to provide any of the Services contemplated by this Agreement due to circumstance outside its reasonable control.

16.3 Except for the payment obligations of the Customer, neither Party will be responsible or liable in any way for the failure or delay in the performance of its obligations due to Force Majeure. If a cause relied on by a Party hereunder ceases to exist, the Party will perform or resume performance of its obligations and the time for performance will be extended by a period equal to the duration of the Force Majeure. If Force Majeure persists for a period of more than 60 days, the other Party will be entitled to terminate this Agreement on written notice.

16.4 The warranties specified in this Agreement and/or any Service Specific Terms are the only warranties provided with respect to Services provided to Customer by HJS Technology Ltd. To the extent permissible at law, all other warranties (whether express or implied and including any implied warranties of fitness for a particular purpose or merchantability) are excluded provided that where legislation implies warranties or conditions or imposes obligations (statutory provisions) which cannot be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those implied statutory provisions.

 

17 Transferring this Agreement to others

17.1 HJS Technology Ltd shall be entitled to transfer in whole or in part any of its rights and obligations to any company within HJS Technology Ltd’s Group at any time. HJS Technology Ltd may use sub-contractors to perform any of its obligations under this Agreement but remains responsible for their performance. HJS Technology Ltd may transfer in whole or in part any of its rights and obligations under this Agreement to any other third party provided that it has obtained the prior written consent of the Customer which shall not be unreasonably withheld or delayed.

17.2 Customer may transfer in whole or in part any of its rights and obligations under this Agreement to any other person or company, provided that it has obtained HJS Technology Ltd’s prior written consent to such transfer and has satisfied any reasonable conditions imposed by HJS Technology Ltd (including credit vetting of the entity to whom customer intends to transfer its rights and obligations under this agreement).

17.3 Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

 

18 General Provisions

18.1 If Customer supplies HJS Technology Ltd with personal data (for example relating to End Users) Customer shall ensure that it is accurate and up to date when disclosed. Customer shall also ensure that Customer has obtained from the individuals concerned all necessary consents under the Data Protection Legislation to both the supply of the data to HJS Technology Ltd, and the processing of it by HJS Technology Ltd, for the purposes of performance of this Agreement, supply of the Equipment and Services and for direct marketing about HJS Technology Ltd’s similar products and services. Customer shall also ensure that any individual to whom personal data relates has given consent for HJS Technology Ltd to pass such data back to Customer. Customer agrees that where it is reasonably requested by a Partner, HJS Technology Ltd may provide Customer’s billing and contract information to the relevant Partner for the purposes of calculating commissions and administration of the account.

18.2 Each Party shall comply with its obligations under the Data Protection Legislation. Customer acknowledges that HJS Technology Ltd retains the role of Data Controller as defined in the Data Protection Act 1998 except in the limited circumstances where HJS Technology Ltd processes any personal data for and on behalf of Customer.

18.3 All notices served by Customer under this Agreement shall be in writing and sent to the Managing Director, HJS Technology Ltd, 23-27 Carlton Crescent, Southampton SO15 2EU or any other address HJS Technology Ltd directs Customer to use from time to time. HJS Technology Ltd shall send all notices to Customer at Customer’s registered office. Notices will be deemed given: where they are hand delivered, when a duly authorised employee or representative of the recipient gives written acknowledgement of receipt; for e-mail communication, at the time the communication enters into the information system of the recipient; for posting, three days after dispatch; and for fax on receipted transmission of the fax.

18.4 Neither Party shall lose any right under this Agreement if it fails to use that right, or delays in using it. For a waiver of a right to be valid, it must be written and will not give rise to an ongoing waiver of that right unless it is expressly stated to do so.

18.5 Termination of this Agreement or any part thereof, shall be without prejudice to any other rights or remedies a Party may be entitled to at law or under the Agreement and shall not affect any accrued rights or liabilities of either Party nor the coming into force or the continuance in force of any provision of the Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

18.6 This Agreement is governed by English Law and is subject to the non-exclusive jurisdiction of the English Courts.

18.7 Only provisions set out in this Agreement shall apply to HJS Technology Ltd’s supply of Services to Customer. All other provisions are expressly excluded to the maximum extent permitted by law. The Parties acknowledge that, in entering into this Agreement, neither Party has relied upon any statement or warranty made, or agreed to, by any person, except those expressly set out within this Agreement. However, this shall not be taken to exclude either Party’s liability for fraud.

18.8 If a misrepresentation or untrue statement has been made, the only remedy available to the Parties shall be a claim for damages for breach of this Agreement, unless such misrepresentation or untrue statement was made fraudulently, or a provision of the Agreement was induced by fraud, in which case all remedies under English Law shall be available.

18.9 All headings in this Agreement are there for convenience, and do not have any legal effect. Use of the singular includes the plural and vice versa.

18.10 Any changes made to Customer’s systems or processes that may affect the Services (including any change to computer server software) are at Customer’s sole risk. HJS Technology Ltd shall not be liable to continue to support the Services to the extent that they are affected by such change.

18.11 Every provision in this Agreement is independent from the others to the extent that, if a provision, or any part of it, is ruled to be illegal or unenforceable by the English Courts, that provision or the relevant part of it shall be treated as having been deleted from this Agreement, without affecting the remainder of that provision or the other provisions of this Agreement, which shall still have full effect.

18.12 Where HJS Technology Ltd supplies Equipment and Services to Customer that is not expressly covered by the Order Form, such supply shall be deemed to be governed by the terms and conditions of this Agreement.

18.13 All information that the Parties provide to each other in relation to this Agreement must be accurate and complete and Customer shall promptly inform HJS Technology Ltd in writing of all changes to information Customer has provided to HJS Technology Ltd, in particular, if Customer intends to stop, stops or has stopped trading, if Customer intends to sell its business, if Customer changes name or if the legal status of Customer’s business changes.

 

Definitions

 

Access Fee – The monthly or other periodic fee payable by Customer for use of the Services.

Amendment Notice – A document setting out a change to this Agreement that is issued to Customer by HJS Technology Ltd that does not require the signature of either Party.

Artificially Inflated Traffic – A flow or volume of traffic via any Service, which HJS Technology Ltd believes is: (i) disproportionate to the flow or volume of traffic which HJS Technology Ltd expects from good faith commercial practice and usage of the Service; (ii) disproportionate to Customer’s previous traffic profiles (in any given month) with HJS Technology Ltd ; (iii) uses automated means to make calls (save where this is expressly approved by HJS Technology Ltd in writing); or (iv) may result in Customer exceeding the credit limit which HJS Technology Ltd places on Customer’s HJS Technology Ltd account from time to time.

Billing Manual – HJS Technology Ltd’s call- and billing rounding measures from time to time, which shall be available to Customer on request.

Business Day – A day (other than a Saturday or a Sunday) on which clearing banks are open for business in the city of London (other than solely for trading or settlement in Euro).

Charge – Access Fees, Connection Fees, fees for Equipment, Software Licence fees, call fees, airtime fees and all other fees payable by Customer for use of the Services.

Codes of Practice – All guidelines governing use or provision of mobile telecommunications and data services, issued by any generally recognised bodies (such as PhonepayPlus) or that are adopted by HJS Technology Ltd from time to time, and all instructions, regulations or guidance issued by the Regulatory Authorities, whether or not mandatory.

Connection – A HJS Technology Ltd SIM Card that has been configured to attach to the Network, with a price plan or SOC associated with it so that End Users can use and be charged for Services supplied under an Order Form.

Customer Information – Information that (a) Customer provides to HJS Technology Ltd ; (b) details of how Customer uses Services, including information relating to the volume and types of calls made, details of charges paid & other financial information; or (c) details of how Customer has performed in meeting its obligations under this Agreement.

Data Protection Legislation – The General Data Protection Regulation (GDPR), Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, any amendments or replacements to them, and any other legislation implementing Directives 95/46/EC and 2002/58/EC

Emergency Planning Measures – The measures that may be taken as a result of HJS Technology Ltd’s obligations under (i) the General Conditions under section 45 of the Communications Act 2003 and (ii) the Civil Contingencies Act 2004; or any similar law.

End User – A person using Equipment or a Service, who is an employee or contractor of Customer.

Equipment – Any tangible material, but not a SIM Card, supplied by HJS Technology Ltd to Customer, or connected to the Network on Customer’s behalf, such as a mobile phone, a connecting cable, a power supply, or a PC data card.

Force Majeure – Any cause beyond a party’s reasonable control including without limitation, acts of God, war, fire, flood or other accident, strike, lockouts, delays in transport, material shortages, failures or fluctuations in electric power or telecommunications services or equipment, restrictions or prohibitions of any government or semi-government authority.

GSM Gateway – Any equipment containing a SIM Card which enables the routing of calls from fixed apparatus to mobile equipment by establishing a mobile-to-mobile call

GSM Gateway Commercial Policy – HJS Technology Ltd’s policy from time to time governing Customer’s use of GSM Gateways

Insolvency Event – An event where a Party either ceases or threatens to cease conducting its business in the normal manner; or is treated as being insolvent, or threatens or is in jeopardy of becoming insolvent because it: (a) is unable to pay its debts (within the meaning of Section 123 of the Insolvency Act 1986); or (b) makes or offers to make any arrangement or composition with any one or more of its creditors; or (c) commits any act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against it; or (d) any resolution to wind up it up (being a limited company) is issued or passed or presented otherwise than for reconstruction or amalgamation; or (e) has had a receiver, administrator or liquidator appointed to it.

Intellectual Property Rights – Patents, design rights, trademarks, copyrights (including any such rights in typographical arrangements, websites or software), rights subsisting in trading, business or domain names and e-mail addresses, rights in inventions, rights in databases and all other intellectual property rights of a similar or corresponding character which subsist now or in the future in any part of the world whether registered or not and whether or not capable of registration, and any applications to register or rights to apply for registration of any of the foregoing in all parts of the world.

Network – The telecommunication systems HJS Technology Ltd uses to provide the Services.

OFCOM – The UK communications industry regulator appointed and empowered under the provisions of the Communications Act 2003, or any appointment that replaces it

Order Form – The document setting out the agreed commercial terms relating to HJS Technology Ltd’s provision of Equipment and/or Services which includes HJS Technology Ltd’s charges and any specific commercial terms and which incorporates any relevant Service terms and conditions and these General Terms

Overseas Networks – Telecommunication systems outside of the UK Mainland used (but not controlled) by HJS Technology Ltd in providing the Services.

Port – The transfer of a mobile number that is connected to the HJS Technology Ltd Network under this Agreement to a different network provided by another supplier;

Price plan charges guide – The terms and “out of price plan bundle” charges for your price plan which is available online and updated by HJS Technology Ltd from time to time.

Regulatory Authorities – OFCOM, the Office of Fair Trading, the Competition Commission, the Information Commissioner, the Advertising Standards Authority, or any similar authority established from time to time;

Recovery Policy – HJS Technology Ltd’s policy regarding the replacement or repair of faulty equipment, as amended from time to time

Service – A service provided by HJS Technology Ltd pursuant to this Agreement as described in the relevant Service Specific Terms

Service Period – The minimum term for which Customer commits to receive a Service, as specified in the relevant part of the Order Form.

Service Specific Terms – A Schedule that sets out service specific information such as terms and conditions, specifications and other technical information.

SIM Card – A subscriber identity module card, which is an electronic memory device for storing user specific data to allow controlled and secure use of Equipment on the Network

Software – A machine executable computer program, software module or software package or any part thereof (in object code only), supplied by HJS Technology Ltd or its licensors to Customer irrespective of how it is stored or executed.

Software Licence – The terms and conditions that prescribe how Customer shall use Software and set out the rights of the Software owner/licensor and the Software user in relation to such Software

Standard List Price(s) – HJS Technology Ltd’s standard unsubsidised Charges for business Services and Equipment as advised to Customer by HJS Technology Ltd and/or as made available on request by HJS Technology Ltd (as amended by HJS Technology Ltd from time to time)

Please click this link to view our mobile ‘out of bundle’ charges.

1. Supply and delivery of equipment
1.1 HJS Technology Ltd will make every endeavour to supply equipment within timescales agreed with the Customer but cannot accept responsibility for any delays which may be caused by the supplier of said equipment.
1.2 Notwithstanding clause 1.1 HJS Technology Ltd shall ensure that the Customer is kept informed of delivery times and wherever possible make arrangements to suit the Customer.
1.3 Should the item of equipment ordered become obsolete prior to delivery, HJS Technology Ltd shall communicate with the Customer to agree on a suitable alternative before delivery takes place.
2. Support Contract
2.1 If the Customer has entered into a Document Solutions Support Contract (Maintenance Agreement) with HJS Technology Ltd the Customer will pay to HJS Technology Ltd a monthly charge as set out in that Contract.
2.2 The charges will be calculated as a multiple of pages used by the device on a monthly basis, using a pre-agreed rate per page.
2.3 The rate per page will depend on the type of device and full terms and rates are detailed in the Maintenance Agreement which shall be signed on behalf of the Customer and on behalf of HJS Technology Ltd.
2.4 Under the Maintenance Agreement the Customer is entitled to receive toners, machine parts and labour when required, providing that payments under the contract are kept up to date. For full details, including Service Level Agreements, please refer to your Maintenance Agreement.

3. Hardware warranty
3.1 HJS Technology Ltd accepts responsibility for delivering (and installing, if agreed) the equipment in a good state of repair. Once the customer has accepted delivery, any subsequent damage to equipment whilst in the possession of the Customer shall not be the responsibility of HJS Technology Ltd.
3.2 If the Customer has entered into a Support Contract (Maintenance Agreement) with HJS Technology Ltd then, providing that the monthly fees under that Contract are kept up to date, the Customer is entitled to the provision of some ongoing maintenance support for the equipment, from HJS Technology Ltd.
3.3 The Customer should refer to the terms of the Support Contract for specific details but typically the support will include engineer call-outs and replacement parts if parts are found to be worn out or faulty. In some circumstances, a machine swap-out may be available.
3.4 Notwithstanding clauses 2.2 and 2.3, HJS Technology Ltd shall not be responsible for repairs or replacement parts if damage has been caused by neglect or wilful damage on the part of the Customer or its employees.
3.5 The Customer should not attempt to relocate a device subsequent to installation without reference to HJS Technology Ltd as any damage caused during relocation will invalidate the ongoing support or warranty for that device.
3.6 If the Customer has not entered into a Support Contract with HJS Technology Ltd then the standard manufacturer’s warranty will apply.

We at HJS Technology Ltd take customer satisfaction levels very seriously. If you are unhappy, we want to know about it and we want to put things right.

Please tell us if we have not delivered the standard of service expected. You can do this in one of the following ways:

• by telephone to 023 8038 6586
• by e-mail to technology@hjssolutions.co.uk
• by post to Ground Floor, Alleyn House, 23-27 Carlton Crescent, Southampton SO15 2EU

Our complaint procedure is that we will make contact with you by the end of the following working day, and respond with a proposed resolution within five working days.

In many instances the resolution timescale is faster than this.

Occasionally, especially if third party providers are involved, the resolution period may be longer than five working days, but we will communicate the proposed way forward within five working days and will ensure that you are kept updated regularly.

What to do if you are still unhappy

Please ensure that your complaint has been escalated to one of the following people:

• James Gibson
• Kevin Tilyard
• Anne Edwards

If a satisfactory solution has still not been reached, if you are a small business customer with fewer than 10 employees, you can access our Alternative Dispute Resolution scheme, which is Ombudsman Services: Communications. More information can be found on their website, click here.

Ombudsman Services: Communications provides a free independent service for customers who aren’t satisfied with the final outcome of their complaints.

You can contact Ombudsman Services: Communications at:

Ombudsman Services: Communications
PO Box 730
Warrington
WA4 6WU

• Phone: 0330 440 1614, 01925 430049 or 0845 050 1614
• Fax: 0330 440 1615 or 01925 430059
• Textphone: 0845 051 1513 or 0330 440 1600
• Email: enquiries@os-communications.org

Ombudsman Services: Communications can’t deal with complaints about commercial policy (such as, for example, our prices or broadband availability). Nor can it deal with complaints from businesses with more than ten employees.