TERMS AND CONDITIONS
XINIX is a Trading name for AERTEL Ltd a UK registered Limited company, registration number 08406875. By using Xinix services, you agree to be bound by the Terms and conditions set out below.
Xinix – Terms & Conditions Definitions Act means the Communications Act 2003 and includes any amendments to the Act that may be made from time to time.
Xinix means Aertel Ltd. T/A: Xinix.
Customer means the person, partnership or company requesting the Service.
Service means the service or services requested by the Customer and to be provided to the Customer by Xinix.
Agreement means this agreement entered into by and between Xinix and the Customer and is subject to both the terms set out overleaf and those herein.
OFCOM means the Office of Communications. ICSTIS means The Independent Committee for the Supervision of Standards of Telephone Information Services.
This Agreement shall come into full force and effect from the date of acceptance by Xinix whereupon it will then continue unless terminated by either party giving the other not less than one month’s prior written notice or unless terminated by Xinix subject to Section 9 of this Agreement.
2) Use of Service
2.1) Xinix shall provide the Service to the Customer subject to the Agreement and subject to availability and shall exercise all due care in the provision and maintenance of the Service to provide high quality and reliability.
2.2) All information relating to the Customer collected by Xinix in the course of providing the Service shall remain confidential between the Customer and Xinix subject only to the permitted uses of that information under the Agreement or as may be required under the Act or any other regulations relating to the Service and except that Xinix at its sole discretion may use data about use of the Service by the Customer as part of any report or publication without revealing the identity of the Customer.
2.3) The Customer undertakes to use the Service in accordance with the conditions set out herein and such variations as may be notified in writing from time to time to the Customer by Xinix and in accordance with the Act or any other regulations relating to the Service.
2.4) The Customer shall indemnify and hold harmless Xinix against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated with any use of the Service by the Customer or provision of the Service by Xinix.
2.4.1) Nothing in this Agreement shall exclude or restrict any liabilities by Xinix for death or personal injury resulting from its negligence.
2.5) The Customer shall not use or allow use of the Service in any manner or for any purpose unlawful or offensive.
2.6) The Customer shall notify Xinix immediately upon becoming aware of any failure or malfunction in the Service.
2.7) Xinix aims to correct any failure or malfunction in the Service within two working days or as soon as is reasonably practicable.
2.8) The customer recognises that the service is not guaranteed to be “continuous” and that there may be periods of time when the service is unavailable for operational or other reasons.
2.9) Xinix services are provided for business and residential use only.
2.10) Xinix may amend the terms and conditions of the Agreement if new legislations or regulatory bodies make it necessary. The Customer indemnifies Xinix against any subsequent prefix or other numbering changes imposed by Ofcom, ICSTIS, Network Operator or regulatory body.
2.11) Xinix will change/re-route over the telephone, the target number of each number supplied by Xinix free of charge for the first two requests in each calendar month. Changes to the target number after the first two requests in the same calendar month will be charged at £14.95 per re-route. The Customer may change/re-route the number online, using the online control panel without charge as often as they wish.
2.12) It is the Customer’s responsibility to ensure that all callers to numbers starting 08 or 09 are made aware of the cost to call the numbers.
2.13) Advanced number services are subject to availability and may vary dependent on the number purchased. Not all advanced services are available on all numbers issued by Xinix.
2.14) Calls to our 08 numbers from pay phones may be blocked.
3) Provision of Information
3.1) The Customer undertakes to provide to Xinix free of charge and in full co-operation any information reasonably required by Xinix in order to fulfil its obligations under the Agreement.
3.2) Xinix shall at its sole discretion use this information for any credit reference or debt collection purpose including disclosure to and use by its agent or agents acting on its behalf. Xinix may carry out further credit searchers on the Customer during the agreement and after the agreement has ended for credit control and debt collection purposes.
The prices in this agreement may be changed subject to thirty days notice in writing being provided to the customer.
5) Acceptance by Xinix
All users signing up for the Xinix service will be asked to read and agree to our terms and conditions before registration is completed. By agreeing to these terms and conditions the user agrees to abide to the terms and conditions.
6) Liability & Compensation
6.1) If the service provided by Xinix is not available for any reason for a continuous period in excess of forty-eight hours and a customer makes a request by telephone and confirms it in writing to Xinix during the period in which the service is unavailable, the customer shall be paid compensation in the amount of double the amount of Service Charge which the customer has paid for the period when the service is unavailable.
6.2) Under no circumstances shall the amount paid in compensation exceed the amount paid in Service Charges by the customer. Xinix shall have no liability whatsoever to the Customer in contract, tort or otherwise, including any liability due to negligence for loss of goodwill, revenue, anticipated savings, profit or for any direct, indirect or consequential financial loss howsoever arising except as provided for under Clause 2.4.1 of this Agreement.
7.1) Xinix shall have the right to assign, delegate or otherwise deal with their rights under the Agreement in part or in whole. The Customer shall not have the right to assign, delegate or otherwise deal with their rights under the Agreement in part or in whole. 10.2) Xinix may port any telephone number to a different network operator if and when we see fit. The customer hereby agrees the customer shall have no objection to this.
8) Limited Liability
8.1) Under no circumstances, including negligence, shall Xinix, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Xinix records, programs or services.
8.2) Xinix further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the amount which the Customer paid during the month immediately preceding the claim or the term of this Agreement, whichever is less.
9) Entire Agreement
The Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all prior agreements, representations or understandings by either party whether oral or written.
10) No Waiver
Failure by either party to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
11.1) Any notice, invoice or other document which may be given under the Agreement shall be deemed to have been duly given if sent by email, post or Fax to the address, email address or Fax number on the Customer’s account.
11.2) The Customer shall notify Xinix of any change of address, telephone number or email address.
11.3) We reserve the right to change our terms and conditions of Service from time to time. We will notify you of any changes to these terms by posting them on our website at www.numberpeople.co.uk
12) Dormant Accounts
Any calling credit and any other assets left on an account that has been dormant for longer than 12 months will be deleted and is not refundable.
13) Force Majeure
Neither party shall be held to be in breach of its obligations under the Agreement, save for obligations to make payments under the Agreement, to the other party for any loss or damage which may be suffered by the other party due to any cause beyond the reasonable control of the first party including but not limited to any act of God, inclement weather failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, act or omission of Government authorities, other telecommunications providers, war, military operations or riot.
18) Governing Law
The Agreement shall be governed by and construed and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts.