General Working Terms and Conditions
Website Usage Terms and Conditions
Our Remote Support Disclaimer
General Working Terms and Conditions

This is here simply for legal reasons. At 3TL we consistently deliver what we promise and leave our customers happy with our service. However, should you have any concerns or if you are interested in your legal rights then please read through the following.

The term ‘3TL’, ‘3 Technology Limited’, ‘3 Technology Ltd’, ‘us’ or ‘we’ refers to the owner of the website whose registered office can be found on Companies House. Our company registration number is 08658623 as registered on Companies House. The term ‘you’ refers to the user or viewer of our website.

Payment Terms

Payment for hardware must typically be made before an order will be placed. For business customers who are signed up to our one of our Support Agreements, we may offer limited credit. Purchases above that amount will need to be prepaid before the order will take place.

Until payment has been received and reconciled in full, all hardware remains the property of 3 Technology Ltd.

General services payment terms are 7 days. These can be extended up to 30 days for business support subscribers.

Quotations

Quotations are typically valid for 14 days from the time of issue. Please check your quotation for the exact period of validity.

Any change to the scope of the work may result in the quotation being made invalid. Should this occur an updated quotation may need to be issued before works can commence.

Quotations are also subject to product availability at the time of issue. Cost and timescales may be affected by stock levels at our suppliers.

Cancellation of Scheduled Work

If you need to cancel an appointment, 3TL request that at least 24 hours’ notice be given. Cancellation at short notice may incur a penalty charge, particularly if the technician is already en route. Rescheduling will take place at the next mutually agreeable time slot.

Liabilities
Work carried out by 3TL

3TL accepts no liability in respect of any problem(s) we are unable to remedy due to any factors beyond our control. These include (but are not limited to) the specification, age, or condition of your hardware or software, failure to provide appropriate software licenses, discs, drivers or any issues with your Internet Connection.

Work carried out by 3rd Parties

3TL accept no liability in respect of any problem(s) caused by non-3TL approved technicians working on your systems. We request that before any other parties are given access to your IT systems that we are informed, so that we can provide relevant guidance and information to them, or can monitor, coordinate and restrict their access. This is to avoid actions that may damage your system or cause disruption.

Goods provided by 3TL

New hardware is typically sold with a thirty day warranty from 3TL. Beyond thirty days hardware is covered by the manufacturer warranty and the manufacturer should be contacted to resolve any fault, however we are happy to liaise on your behalf should you require us to do so. There will be a support charge incurred at our standard hourly rate for this assistance.

We will endeavour to resolve minor issues that may arise within seven days without obligation. Faults that develop outside of the seven days are not the responsibility of 3TL. It is important that you fully test the hardware during the seven days to ensure it is working as intended and raises any issues promptly. However, 3TL will always endeavour to assist with any problems that arise from the goods and services that we provide to you.

Second-hand hardware is sold as seen with no formal warranty. We thoroughly test all hardware before selling it to ensure it is working correctly.

Services provided by 3TL

Where 3TL are providing a re-sold service with a trusted partner, we are not responsible for any disruption to this service. We can assist in resolving issues and liaise with their support team; there will be a support charge incurred at our standard hourly rate for this assistance.

In the first instance, we recommend that you raise the issue with us directly and we will advise whether the issue is best resolved by 3TL or by the service provider’s own support team.

Confidentiality and Privacy

3TL recognises your right to privacy. We take security precautions to make sure any information we collect about you remains private and is processed in accordance with the GDPR.

At any time, users may request that their information be removed from our database by sending an e-mail request to governance@3tl.co.uk.

For further information please read our privacy policy.

Hardware Left with 3TL

Hardware left with 3TL is fully insured against fire, theft and damage. We are not liable for any further faults (or unreported faults) that arise during the period that the hardware is in our possession. You are advised that due to the nature of the work, there is always some risk when working on upgrading/repairing PC hardware (testing and upgrading can stress components). We work following best practices to avoid placing any unnecessary risk to your hardware. By leaving the hardware with us you are confirming that you are happy to accept this liability. Once work is completed we request that you arrange collection at your earliest possible opportunity. Failure to collect your hardware or to respond to communications may result in your hardware becoming forfeit and being disposed of. We will always wait at least 60 days before taking this course of action.

Return Visit and Complaints Policy

In the event of any dissatisfaction with the service provided by 3TL please contact us immediately to discuss the issues encountered. Within the scope of the originally agreed work 3TL will always endeavour to come to a mutually satisfactory outcome in the event of any dissatisfaction with any service or goods provided; customer service is our number one priority. The default warranty period for our services is 7 days, but this is subject to the scope of each individual job. Issues raised outside of this period are subject to charge, at the discretion of 3TL.

For issues unrelated to the work completed, or outside the scope of the agreed work, 3TL are not responsible and any additional work done will be chargeable. It is vital that you fully test and confirm any solution or work we perform upon completion and confirm the work as completed.

Website Usage Terms and Conditions

Welcome to the 3TL 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 3TL’s relationship with you in relation to this website. As with our General Terms and Conditions the terms ‘3TL’, ‘3 Technology Limited’, ‘3 Technology Ltd’, ‘us’ or ‘we’ refers to the owner of this website. The term ‘you’ refers to the user or viewer of this 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 rise 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 3TL’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, Scotland and Wales.
Our Remote Support Disclaimer

Whilst we embark on taking all due care in the use of your computer, 3TL cannot guarantee this service will resolve the IT problem or that the attempt to resolve technical issues will not cause additional problems requiring an onsite or back-to-base support call. 3TL are not liable for any consequential damages and it is the client’s responsibility to backup all applications and data prior to the session.

NB. Please close any personal or confidential information on your screen, as the technician will be viewing your desktop.

By using this Remote Support Service you understand that:

  • All remote service and software provided “as is” and at customers sole risk.
  • You are responsible for the backup of your data and applications.
  • 3TL are not liable for consequential damages of any kind.
  • 3TL are not liable for unauthorised access to anybody’s computers via the remote software ‘ScreenConnect’.
  • 3TL will not disclose passwords or IDs to any 3rd party.
The Software

3TL uses the software ‘ScreenConnect’ to provide remote assistance and technical support. Features of this software include:

  • Easy to use and totally secure. You are in full control and can end the session at any time.
  • Completely secure data channels with key exchange and AES (256 Bit) session encoding..
  • Ability to diagnose and resolve problems remotely.
  • Allow your support representative to view or control your desktop.
  • Transfer files via direct transfer to or from the support representative (optional).
  • ScreenConnect will be installed onto your computer so that we can obtain remote access at any time with your permission. If you wish to uninstall the software please contact us and we will explain how to do this.
The Remote Connection

When you have agreed to use our remote service you will need to initiate a secure connection with one of our support engineers.

In order to create this connection, you will need to accept the download of a module to your system that will communicate with our engineer’s computer. Our engineer will explain where you can download this module as required.

3TL treat all data in strict confidence, for further information please read our privacy policy.

1. Definitions and interpretations

3TL Terms and Conditions of Business

Last Updated: 18th May 2018

 

1.1. The following definitions and rules of interpretation apply in these Terms:

“Additional Termination Charge” has the meaning given to it in clause 15.2;

“Annex” or “Annexes” has the meaning given to it in clause 2.1;

“Call Tariffs” mean the rates we charge you on a pence per minute basis for calls you make using our telephony Services;

“Charges” mean the money you agree to pay us under these Terms in exchange for Goods and/or Services;

“Contract” means the relevant contract(s) between us and you for the Goods and/or Services purchased under these Terms;

“Control Panel” means the secure section of the Website where you can log-in and, amongst other things, access your 3TL account and add, amend, and manage the relevant Services which you have purchased from 3TL;

“Data” means information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form that you generate, store, transmit or use in connection with the Services;

“Early Termination Charge” means a charge we may impose on you in accordance with clause 15.2;

“Goods” means the hardware or software we supply to you;

“3TL” / ”we” / ”our” / ”us”: means 3 Technology Ltd, company number 08658623, more fully described in clause 3;

“Internet” means the global data network comprising interconnected networks in connection with which the Services are supplied;

“Law” means:

(a) any law, statute, regulation, instruction, guideline, determination, designation or code of conduct having force of law of any governmental, supranational or other regulatory authority or agency of competent jurisdiction; or

(b) any term in any regulatory or governmental license, authorisation, consent, permission, approval or guidance;
“Main Body Terms” mean the Terms excluding the Annexes;

“Malware” means ‘logic bombs’, ‘worms’, ‘viruses’, ‘trojans’, ‘spyware’, ‘adware’, ‘ransomware’ or any software or computer code having the same or similar effect (those expressions having the meanings as they are generally understood within the computing industry);

“Master Contact Details” has the meaning given to it in clause 4.6;

“Minimum Contract Period” has the meaning given to it in clause 15.2;

“Order Form” means the form issued by 3TL which you can use to place an order for Services;

“Order Confirmation” has the meaning given to it in clause 4.3;

“Party” means, as required by the context, either you or us, and “Parties” means both you and us;

“Personal Data” has the meaning given to it under the General Data Protection Regulation (“GDPR”) (EU) 2016/679;

“Privacy Policy” has the meaning given to it in clause 17.3;

“Purchase Date” has the meaning given to it in clause 13.1;

“Registry” means either Nominet UK Limited, Tucows Inc, or any other domain name registry that we choose to use from time to time;

“Services” means the services that you purchase from us which include, but are not limited to, IT support services, telephony services, broadband and connectivity services, cloud services, domain names and hosting, website building, and email services;

“Support Team” means the support engineers employed or instructed by 3TL to provide technical support in relation to our Goods and Services;

“Terms” means the terms and conditions set out here including all relevant Annexes;

“Traffic Management Policy” means the measures we may exercise as part of managing the internet connectivity Services we supply to you, as set out at https://3tl.co.uk/traffic-management-policy/ which may be amended from time to time;

“You” means you, the customer, who purchases Goods/Services from 3TL under these Terms (and “your” should be interpreted accordingly);

“Website” means our web presence at 3tl.co.uk (including any associated website, web-page, or sub-page of that website); and

“Working Day” means any day which is not a Saturday, a Sunday, or a bank or public holiday in England.

1.2. All headings are for convenience, have no legal effect and should be ignored when interpreting these Terms.

1.3. The singular includes the plural and vice versa; references to any gender include every gender; and references to persons include corporations, partnerships and other unincorporated associations or bodies of persons.

1.4. Any reference to a “clause” is to a clause of the Main Body Terms, and any reference to a “paragraph” is to the paragraph of the relevant Annex, unless the context requires otherwise.

1.5. A reference to any provision of any enactment will be construed as a reference to that provision or enactment as amended, re-enacted or extended at the relevant time.

1.6. The definitions contained in the Interpretation Act 1978 apply (unless a specific definition has been included or the context requires otherwise) in interpreting words and phrases used in these Terms.

1.7. When we use the words “writing” or “written” in these Terms, this will include email unless we say otherwise.

1.8. References to these Terms or any other document are to these Terms or that document as amended from time to time.

2. Our contract with you

2.1. These are the terms and conditions on which we will supply Goods and Services to you, and include a number of Service-specific annexes (“Annexes”) which apply where you buy any relevant Service from us.

2.2. The Goods and Services sold under these Terms are intended for business purposes and are not designed for personal or domestic use. The Goods and Services may be used within your business for the purposes for which communications services and associated hardware are typically used. You may grant access to your employees, workers, consultants, volunteers for these purposes, but you should note that you are liable for all use of the Services associated with your account under clauses 7.4. You are not permitted to resell any of the Goods or Services sold under these Terms without our express written permission.

2.3. You should print a copy of these Terms or make an electronic copy of them for future reference.

2.4. These Terms may change from time to time in accordance with clause 14.

3. Information about us and how to contact us

3.1. We are a company registered in England and Wales. Our company registration number is 08658623 and our registered office is at Aspin House, Station Road, Huddersfield, HD2 1UT.

3.2. You can contact us by email info@3tl.co.uk, telephone +44 (0)113 320 4200, or fax +44 (0)1482 240067.

3.3. If you have any questions or complaints, please contact us primarily by telephone, our customer service team is available on +44 (0)113 320 4200, option 3. Alternatively, you can email us at info@3tl.co.uk. You should also read the customer complaints section of these terms under clause 9.

3.4. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to terminate the Contract), you can send this to us by email, by hand, or by pre-paid post in accordance with clause 18. If we have to contact you or give you notice in writing, we will do so in accordance with clause 18.

4. Order process and your right to cancel

4.1. By placing an order via the Website or by returning an Order Form or submitting a Purchase Order, you are making an offer to purchase the relevant Goods or Services in accordance with these Terms. For the avoidance of doubt, whenever you speak with one of our sales representatives over the phone and you indicate you wish to place an order for Goods or Services, you will be asked to confirm said order via email which will be handled in accordance with these Terms.

4.2. The prices for our Goods and Services will be those which are set out on the Website at the date on which the Contract is formed (as described in clause 4.3), or those given by our sales representative and confirmed via email. Prices on the Website and other promotional material are updated periodically and cannot be guaranteed for any period of time. Our Website contains a number of Goods and Services. It is always possible that, despite our reasonable efforts, some of the Goods or Services on our Website may be incorrectly priced. If we discover an error in the price of the Goods or Services you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods or Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

4.3. When we receive your order, we will conduct a number of checks including, without limitation, checks on our geographical coverage, your credit rating and the capabilities of your telephone line. If, following our checks, we are satisfied that we can provide the Goods and Services you ordered, we will send you an email with details of your order (“Order Confirmation”). The Order Confirmation will confirm that we accept your offer and the Contract will be formed at this point. If you have not received an Order Confirmation within 5 Working Days of placing your order, please contact our Support Team by calling +44 (0)113 320 4200,. A separate Contract will be formed for each item of Goods and for each individual Service you order. We will notify you by email when we expect the Services to be activated. The, activation of Services on a specific date is not guaranteed and we will have no liability in respect of any failure to commence the supply of Services by a given date.

4.4. If you become aware of an error in your order, you should contact us immediately and make us aware of the issue. Unless you have a relevant right to do so under Law, once the Contract has been formed in accordance with clause 4.3, you will not be entitled to cancel your order. To request cancellation of your order before the Contract has been formed, you should call us on +44 (0)113 320 4200.

4.5. Except where a relevant Annex provides that another minimum period applies, the Contract for each Service will last for a minimum period of 12 months (as more fully described in clause 15.2).

4.6. When ordering Services, you must provide us with a valid email address and telephone number which you must maintain and monitor regularly for messages (“Master Contact Details”). We will keep your Master Contact Details on file and we will use these to communicate with you on all matters in connection with these Terms. You can update your Master Contact Details via our Control Panel at any time.

4.7. When ordering handsets for use with our telephony services be aware that these are provided on a monthly rental agreement, unless otherwise stated, and as such remain the property of 3TL at all times. They should be insured by you against loss, damage or theft, and kept in a good working order.

5. Delivery of Goods

5.1. When you order Goods from us, you must provide us with a valid address to which our courier can deliver the Goods. Orders for Goods up to 10KG in weight which are to be delivered within the UK mainland are subject to our standard delivery charge (currently £9.50 excluding VAT, but which may vary from time to time) or as otherwise expressly agreed in advance.

5.2. We will contact you by email with an estimated delivery date. Dates for delivery are estimated only and cannot be guaranteed.

5.3. If no one is available at your address to take delivery, our courier will leave you a note that the Goods have been returned to our courier’s depot. If this happens, you must contact us to rearrange delivery. Please note that you will be required to pay all charges associated with re-delivery.

5.4. Risk in the Goods will pass to you on delivery, but we will continue to own the Goods until full payment in respect of the Goods has been received in accordance with clause 13.

5.5. On receiving the Goods, you must inspect them immediately and notify us within three Working Days of any damage or any other problem with the Goods received. If we send you incorrect Goods, the Goods you receive are damaged or are otherwise faulty, or are being returned in connection with the warranty under clause 5.10, the relevant Goods may be returned to us in accordance with clauses 5.6 to 5.8 inclusive. Please note that Goods may not be returned for any other reason (save as otherwise provided under Law).

Returns

5.6. If you have a valid right to reject and return the Goods either under Law or these Terms, you must contact our Support Team via email or telephone to arrange for the Goods to be returned. Goods can only be returned with a valid returns reference number issued by our Support Team.

5.7. Once the Goods have been returned to us, we will (at our discretion) either arrange for replacement Goods to be sent to you, or for the original Goods to be repaired.

5.8. All Goods to be returned must have been kept in suitable conditions to keep them free from damage and have been treated with reasonable care. If on inspection of the returned Goods, we determine (acting reasonably) that you have not stored the Goods in suitable conditions, you agree to pay us an appropriate amount (determined at our discretion, acting reasonably) for the damage caused.

Guarantees in respect of Goods

5.9. Some of the Goods we sell come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods or on the manufacturer’s website.

5.10. Save where otherwise stated, for Goods which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 90 days from delivery, the Goods will be free from material defects. However, this warranty does not apply in the circumstances described in clause 5.11.

5.11. The warranty in clause 5.10 does not apply to any defect in the Goods arising from:

5.11.1. fair wear and tear;

5.11.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

5.11.3. if you fail to operate or use the Goods in accordance with the user instructions; or

5.11.4. any alteration or repair by you or by a third party who is not one of our authorised repairers.

5.12. Our sole liability under clauses 5.10 and 5.11 is limited to the replacement or repair of the relevant item.

6. Services

6.1. We will supply the Services with reasonable skill and care and take steps to ensure the Services are reasonably fault free and reasonably uninterrupted.

6.2. However, it is not a condition of the Contract, nor do we warrant or guarantee that the Services will be uninterrupted, secure or error-free.

6.3. Where an Annex expressly states that a service level agreement (SLA) applies in respect of the Services, it will not constitute a breach of the Contract if the Services fail to meet the specified levels and the only remedy available to you for that breach will be the payment of service credits specified in the relevant SLA.

6.4. You acknowledge and agree that the Services were not designed with your individual requirements in mind and it is your responsibility to determine whether the Services will meet your requirements.

6.5. We rely on third parties to deliver telephone calls and other communications associated with the Services to and from our network and our partner’s networks. The performance of such third parties and their equipment is a matter beyond our reasonable control (as more fully described in clause 11.4).We may have to suspend the Services for emergency repairs, maintenance or improvement without prior notice. If we do so, we will restore them as quickly as reasonably practicable.

7. Your obligations

General obligations

7.1. You must comply with our reasonable instructions and requests concerning the Services.

7.2. You must provide us with up to date contact details of at least one named representative (including email addresses) with whom we are authorised to deal and promptly notify us of any changes in these details. We rely on this information for various reasons including the transmission of Service renewal notices and other important information concerning the Services (save that renewal notices for domain names will be sent in accordance with the contact information you have registered with the relevant Registry and not that registered with 3TL). You must update us promptly if your address changes.

7.3. You acknowledge and agree that we may exercise our Traffic Management Policy, and you agree to bring it to the attention of those persons you permit to use the relevant Services.

7.4. You are responsible for all activity and Charges associated with your 3TL account. This will include activity that is malicious or fraudulent (as well as associated Charges from that activity) which we reasonably believe is attributable to your negligence, or your failure to act in accordance with these Terms or with any relevant security advice or instructions we have given or made available to you.

Security obligations

7.5. You must:

7.5.1. keep your username, password and other security information secure (and we may change these, or request that you change these, at any time when we consider it necessary for security purposes);

7.5.2. if requested use your username and password when giving instructions (and we are authorised to comply with instructions containing your username and password);

7.5.3. take reasonable steps in respect of matters in your control (in line with our instructions and advice) to minimise any risk of security breaches in connection with the Services;

7.5.4. notify us as soon as reasonably practicable, of any unauthorised access to your account or security details of which you become aware; and

7.5.5. comply with our security checks and authorise us to run automated scanning checks from time to time to help identify possible security vulnerabilities in the hardware and/or software configurations you use in connection with the Services. The information visible to us when running these checks is limited to what would be available to any other user on the public Internet and these checks are carried out purely with a view to improving your security. Any Data visible to us when we carry out these checks will be used solely for determining levels of security and will be handled in accordance with clause 17.

7.5.6. For the avoidance of doubt, in accordance with clause 7.4, you will be responsible for any Charges associated with your 3TL account which we reasonably believe are attributable to your failure to act in accordance with any relevant security advice or instructions we have given or made available to you.

Rental obligations

7.6. You must:

7.6.1. keep rental items in good working order

7.6.2. insure rental items against loss, damage or theft;

7.6.3. return rental items to us, along with any ancillary items supplied therewith, within 14 days upon request and/or upon termination of the agreement, in the same condition as they were delivered to you in, in good working condition and undamaged allowing for fair wear and tear.

7.7. You are entirely responsible for the rental items during the term of the agreement and will be held fully accountable for payment of the current retail price of said items in the event they are not returned to us within 14 days, or if they are returned not in good working order or damaged, allowing for fair wear and tear.

7.8. The rental agreement is not assignable. None of our equipment may be sublet, assigned or transferred by you without prior written consent of 3TL.

7.9.  Any items rented to you remain the property of 3TL at all times.

8. Restrictions

8.1. You must not use the Services in a way which contravenes the provisions of any relevant Annex.

8.2. You must not use the Services (or permit them to be used) for any illegal or unlawful purpose under any relevant Law. This may include, without limitation:

8.2.1. sending menacing, offensive, defamatory, obscene, indecent or abusive communications using the Services; and

8.2.2. using the Services to create or send Malware.

8.3. Without affecting clause 8.2, you are solely responsible for ensuring that your use of the Services does not contravene any relevant Law relating to the sending of unsolicited communications.

8.4. You warrant that your use of the Services will not infringe any third party intellectual property or other rights.

8.5. If your use of the Services contravenes the provisions of any relevant Annex, usage cap or is otherwise having what we consider (acting reasonably) a material adverse effect on the Services, we may (in addition to any other rights we have under these Terms) do any of the following:

8.5.1. suspend the relevant Services immediately; and/or

8.5.2. arrange with you to change the Services and/or the associated usage caps you receive which may result in you paying higher Charges.

8.6. You agree to comply with the terms of any relevant software licence or similar agreement that we bring to your attention which relates to any software we provide to you as part of or in connection with the Services.

9. Complaints and dispute resolution

9.1. We are committed to providing excellent service and we try to deal with any complaint fairly and within a reasonable period of time. However, if you are unhappy with any aspect of the service we provide to you, please contact us so we can investigate and do our utmost to resolve the issue. We operate a complaints procedure to help ensure that any complaints are dealt with efficiently and to your satisfaction.

9.2. If you are unhappy with the way we have sold, provisioned or delivered the service to you, you should:

9.2.1. In the first instance, telephone us on +44 (0)113 320 4200, or write via email to  info@3tl.co.uk. We aim to respond to emails within 24 hours. Please ensure you retain the reference number you are provided with. Our Customer Support Team will do their utmost to successfully resolve any problems at the point of first contact, but where this is not possible, we will agree a course of action with you.

9.2.2. If you remain unhappy with the way in which your complaint has been handled in the first instance, you may contact the Customer Support Manager via info@3tl.co.uk mentioning your case reference number. They will respond and aim to resolve your complaint within 48 hours.

9.2.3. If the Customer Support Manager is unable to resolve the issue to your satisfaction, you may escalate your concern to the Chief Executive by emailing info@3tl.co.uk. We will aim to respond to you within 48 hours.

9.2.4. Please note that in all cases, we ask that you mention your incident reference number in all correspondence, and that you work with our management team to resolve your concern. In the unlikely event that your complaint has not been resolved by 3TL to your satisfaction within a period of eight weeks, or if during the process of investigating your complaint you believe the situation has reached a deadlock, you may refer your complaint to the Ombudsman for independent consideration.

9.2.5. Nothing in this clause 9 will prevent us from exercising any of our rights under clause 13 if you fail to pay the Charges in accordance with these Terms.

10. Matters beyond reasonable control

10.1. If either Party is prevented, hindered or delayed from performing any obligation under these Terms because of something beyond its reasonable control including: act of God, natural disaster, lightning, flood, subsidence, earthquake, weather conditions, epidemic, pandemic, fire, explosion, war, civil disorder, acts of terrorism, something beyond the reasonable control of its suppliers, industrial disputes, acts or omissions of local or central government or other competent authorities, or acts or omissions of parties for whom the relevant Party is not responsible, change of law or any other cause whether similar or dissimilar that is outside its reasonable control, then it will have no liability to the other Party for any resulting failure, delay, defect or omission in performing its obligations under these Terms.

10.2. We will not be liable for any failure or delay in supplying the Services to you if:

10.2.1. another supplier on whom we are reliant to supply the Services delays or refuses the supply of an electronic communications service to us and no alternative service is reasonably available at reasonable cost; or

10.2.2. legal or regulatory restrictions are imposed that prevent us from supplying the Services.

10.3. If any of the events detailed in clauses 10.1 or 10.2 materially affects the performance of the Contract and continues for more than six months, then either Party may terminate the Contract immediately in (in respect of some or all of the Services) by providing written notice to the other.

11. Limitation of liability

11.1. Nothing in these Terms in any way excludes or restricts our liability for negligence causing death or personal injury, for fraudulent misrepresentation or for anything which may not be validly restricted under English Law. Your statutory rights are unaffected.

11.2. For any one event or a series of events, our maximum liability in contract, tort (including negligence) or otherwise under or in connection with these Terms, is limited as follows:

11.2.1. in the case of Goods, to the Charges for the relevant Goods (excluding VAT), or, where applicable, to the replacement or repair of the relevant Goods under clause 5.7; and,

11.2.2. in the case of Services, to 100% of the Charges for the relevant Services (excluding VAT) during the duration of the event(s) complained of.

11.3. In no event (including our own negligence), and even if we have been advised of the possibility of such losses, will we be liable for any:

11.3.1. loss of profit, contract, business or anticipated savings;

11.3.2. loss of goodwill or reputation;

11.3.3. special, indirect or consequential loss;

11.3.4. damage to or loss of Data or other information; or

11.3.5. interrupted communications.

11.4. We will have no liability for goods and/or services provided by third parties or for any type of loss or damage which is the result of any act or omission of any third party (including, without limitation, engineers from Openreach or any similar entity).

11.5. We will not be liable for any delay or failure in the performance of our obligations under these Terms where such delay or failure is attributable to matters beyond our reasonable control as set out under clause 10.

11.6. To the fullest extent permitted by Law, we exclude all terms implied by Law that are not expressly set out in these Terms including, without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose. Your statutory rights are unaffected.

12. Indemnity

12.1. You agree to indemnify us against any claims or legal proceedings that are brought or threatened against us by a third party because you have used the Service in a way which is, or has been, in breach of clauses 7 or 8.

13. Payments

13.1. Invoices will be raised in line with Goods and Services purchased from us. The date of our invoice will be the date of Purchase (“Purchase Date”).

13.2. Invoices will either be payable in advance, or for credit account customers, by the due date listed on our invoice. In some cases we may require payment in advance for credit account customers.

Payment in advance

13.3. Where paying in advance, Charges for Goods and Services must be paid by direct debit, cheque, or bank transfer.

Payment in arrears

13.4. Where paying in arrears, Charges for Goods and Services must be paid by the due date listed on our invoice, by one of the following methods:

13.4.1. if paying monthly, by direct debit or bank transfer; or

13.4.2. if paying annually, by direct debit, cheque, or bank transfer.

13.5. If you fail to pay the Charges in accordance with these Terms, the following procedure will apply:

13.5.1. We may suspend your Services at any time; and

13.5.2. We will send you email reminders for up to 60 days after the Purchase Date inviting you to make payment as soon as possible. If payment is not made within 60 days of the Purchase Date, your 3TL account may be deleted and will be incapable of reactivation.

13.6. All Charges remain payable where we suspend the Services in accordance with clause 13.5. If your Services have been suspended, they will not be usable until payment is made and the Services have been reactivated.

13.7. Payment of the Charges must be made without deduction or set-off.

13.8. All Charges are non-refundable unless otherwise stated.

13.9. We reserve the right to charge you interest on any overdue Charges in accordance with the Late Payment of Commercial Debts Act 1998 or other applicable Law (determined at our discretion).

13.10. Where payment of the Charges is not made in accordance these terms, we may take all debt recovery measures available under Law that we consider appropriate.

14. Changes of the Terms, the Charges and the Services

Changes to the Terms

14.1. Every time you order Goods and Services from us, the Terms in force and published on our Website at the date of your order will apply to the Contract.

14.2. We may amend these Terms on giving you at least one month’s notice in writing. Please look at the top page of this document to see when these Terms were last updated.

Changes to the Charges

14.3. We may amend the Charges (excluding the Call Tariffs) on giving you at least one month’s notice in writing. However, this notice requirement does not apply to our right to charge you for going over your usage cap in line with our Fair Usage Policy.

14.4. We may amend the Call Tariffs at any time by giving you at least 7 days’ notice in writing. If we both agree (acting reasonably) that any such change is to your material detriment, you may end the Contract under clause 15.3 without penalty even if you are within the Minimum Contract Period.

14.5. The Charges will also change if you change Services or if we charge you for going over your usage cap as set out in the relevant Annex.

14.6. We may also amend the Charges if required by Law or any competent regulatory authority. We will use our reasonable endeavours to provide you with notice in writing before any change to the Charges take effect under this clause 14.6.

Changes to the Services

14.7. We may from time to time change, replace or withdraw Services in accordance with these Terms.

14.8. Without affecting our right to suspend the Services under these Terms, we will give you at least one month’s notice in writing if we make any change to the Services which affects the Charges, or which is likely to be to your material detriment, or if we withdraw your chosen Service. We will give you written notice of any other change to your chosen Service.

14.9. If we reduce the level of service provided by your chosen Service, or withdraw it completely, and we both agree (acting reasonably) that the change is to your material detriment, you may end the Contract under clause 15.3 without penalty even if you are within the Minimum Contract Period.

15. Duration and termination of the Contract

15.1. As set out in clause 4.3, a separate Contract will be formed for each item of Goods and for each individual Service you order.

15.2. Except where a relevant Annex provides that another period applies, the Contract for each Service will last for a minimum period of 12 months (“Minimum Contract Period”) and the Contract will continue until terminated in accordance with clauses 15.3 or 15.4. Save where these Terms provide otherwise, you agree to pay the Charges associated with each Service for the Minimum Contract Period even if you decide to cease it before the end of this period (the payment of these Charges being an “Early Termination Charge”). You acknowledge and agree that we may charge the Early Termination Charge directly to any credit / debit card or bank account you have provided us with details of. When you cease some Services (whether before or after the Minimum Contract Period), we incur certain charges from our wholesale supplier which you will be liable to pay (“Additional Termination Charges”), in addition to any Early Termination Charge that is payable. Details of any Additional Termination Charges that are payable are set out in the relevant Annexes.

15.3. Subject to clause 15.2, either Party may terminate the Contract (in respect of some or all of the Services) for any reason by giving to the other one month’s written notice.

15.4. We may terminate the Contract (in respect of some or all of the Services) or suspend some or all of the Services immediately on written notice if:

15.4.1. you fail to pay the Charges in accordance with clause 13; or

15.4.2. you commit a material breach of the Contract, unless such breach is capable of remedy, in which case our right to terminate immediately will be exercisable only if you fail to remedy the breach within 14 days of us sending you a written notice to do so; or

15.4.3. you or anybody using your 3TL account or the Services we supply to you act towards our staff or representatives in a way which we consider (acting reasonably) to be offensive, aggressive or inappropriate; or

15.4.4. if you are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or you enter into any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or

15.4.5. if we are required to do so by a regulatory authority; or

15.4.6. if you provide unauthorised payment details or other material details we request from time to time.

15.5. If we have reasonable grounds to suspect fraud or any other unauthorised activity associated with your account, we may suspend the affected Services immediately.

15.6. On termination of the Contract or suspension of Services for any reason:

15.6.1. we will immediately stop supplying, and will terminate access to, the relevant Services. This may involve irretrievable damage to or loss of Data or we may destroy any such Data;

15.6.2. all licenses granted by us to you will terminate;

15.6.3. any hardware supplied on a rental basis must be returned to us within 14 days, in good working order and undamaged allowing for fair wear and tear, otherwise an invoice will be raised to you for its full replacement cost;

15.6.4. any fees due remain payable and, if already paid, will be non-refundable; and

15.6.5. your accrued rights and liabilities will be unaffected.

15.7. Whenever, in accordance with these Terms, you request the cancellation of Services or you give us notice to terminate the Contract, you must communicate with us using the email address from your Master Contact Details or by letter featuring your business’ letterhead. Requests to cease Services made by a telephone call to the Support Team will not be valid.

16. Confidentiality

16.1. We both agree not to use Confidential Information belonging to the other Party for any purpose other than in connection with these Terms or to disclose any such Confidential Information to any unauthorised third party without prior permission. “Confidential Information” means information in whatever form which, at the time of provision, was expressly or by necessary implication identified as being of a confidential nature.

16.2. Clause 16.1 above will not apply to information which:

16.2.1. enters the public domain other than through breach of clause 16.1;

16.2.2. is or becomes independently known to the receiving Party free from any confidentiality restriction;

16.2.3. is required to be disclosed by applicable Law or competent authority;

16.2.4. is reasonably disclosed to employees, suppliers or others required for the proper performance of the Contract;

16.2.5. is reasonably disclosed to professional advisers; or

16.2.6. is otherwise permitted in accordance with these Terms or any associated document

17. Data, Personal Data and website cookies

This section makes reference to, and should be read in conjunction with, our Privacy Policy which is available at 3tl.co.uk/privacy-policy (“Privacy Policy”)

17.1. We do not provide a back-up of your Data or guarantee the integrity of your Data. You should regularly backup the Data that you store using the Services. Following a regular backup plan can help you prevent loss of your Data. However, we will use our reasonable endeavours to provide copies of Data for disaster recovery purposes.

17.2. We may access, copy, preserve, disclose, remove, suspend or delete any Data:

17.2.1. if we are required to do so by applicable Law or competent authority; or

17.2.2. if reasonably required for the purposes of carrying out our obligations, or enforcing our rights, under the Contract; or

17.2.3. if it is otherwise permitted under these Terms; or

17.2.4. if such Data is prohibited under these Terms.

17.3. We will process your Personal Data only in compliance with our privacy policy which is available at 3tl.co.uk/privacy-policy (“Privacy Policy”).

17.4. You consent to such processing and confirm that you have shown our Privacy Policy to, and obtained similar consent from, any third party individuals whose Personal Data you have supplied to us and will continue to do so in the future.

17.5. We will retain your Data and Personal Data in accordance with the relevant sections of our Privacy Policy.

17.6. You acknowledge that our Cookie Policy will apply when you visit our Website using any relevant communications device.

18. Notices

18.1. Any notice or other communication required under or in connection with these Terms will be in writing and will be delivered by hand or sent by pre-paid first-class post or other next Working Day delivery service, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other Party’s main fax number or by email to the other Party’s nominated email address.

18.2. Any notice or communication will be deemed to have been received if delivered by hand, on signature of a delivery receipt, or, if sent by fax or email, at 9:00 am on the next Working Day after transmission, or otherwise at 9:00 am on the second Working Day after posting.

19. General

19.1. These Terms constitute the entire agreement of the parties which supersedes all prior agreements and representations (unless fraudulent) and you acknowledge that that no reliance is placed on any representation made but not embodied in these Terms, save for those made fraudulently. We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of 3TL, or by any third party.

19.2. These Terms apply to the Contract to the exclusion of any other terms that you might seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

19.3. If any of these Terms are deemed unlawful, invalid or void for any reason, the offending words will be deemed deleted and all other Terms will continue in full force and effect.

19.4. The Contract is personal to you. You may not assign the Contract without our prior written consent. We may assign this Contract or subcontract any of the Services at our discretion (acting reasonably).

19.5. The Contracts (Rights of Third Parties) Act 1999 will not apply to the Contract.

19.6. The failure to exercise or delay in exercising a right or remedy under these Terms will not constitute a waiver of the right or remedy.

19.7. Nothing in these Terms will be construed as creating a partnership or joint venture of any kind between us.

19.8. In the event of any conflict between the Main Body Terms, the Annexes and any other document expressly referred to in the Terms, the following order of precedence will apply:

  1. a) The relevant Annex;
    b) The Main Body Terms;
    c) Any document expressly referred to in the Terms.

19.9. Where you are domiciled within the United Kingdom, the Contract and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with the laws of your country of domicile, and will be subject to the exclusive jurisdiction of the courts of that country.

19.10. Where you are domiciled outside of the United Kingdom, the Contract and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with the laws of England and Wales, and will be subject to the exclusive jurisdiction of the courts of England and Wales.

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