Terms of Service
Effective Date: January 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Commssource Ltd ("Commssource," "we," "us," or "our"), a company registered in England and Wales (Company Number: [Your Company Number]).
By accessing our website, purchasing our products, or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.
2. Definitions
- "Services" means all IT and telecommunications services provided by Commssource, including cloud phone systems, internet connectivity, mobile solutions, and support services
- "Products" means physical IT equipment and hardware sold by Commssource
- "Platform" means our website, customer portal, and any associated applications
- "Agreement" means these Terms together with any service-specific agreements
- "Business Day" means Monday to Friday, excluding UK public holidays
3. Services and Products
3.1 Service Provision
Commssource provides:
- Cloud-based telephone systems and VoIP services
- Fiber internet and broadband connectivity
- Mobile telecommunications solutions
- IT equipment and hardware
- 24/7 technical support and managed services
- Installation and configuration services
3.2 Service Levels
We commit to providing services in accordance with industry standards. Specific service level agreements (SLAs) may apply to certain services and will be provided separately where applicable.
3.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any service with 30 days' notice, except in cases of emergency or security concerns.
4. Account Registration and Security
4.1 Account Creation
To access certain services, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
4.2 Business Accounts Only
Our services are intended for business use only. By registering, you confirm that you are acting on behalf of a business entity and have authority to bind that entity to these Terms.
5. Pricing and Payment
5.1 Pricing
- All prices are in GBP and exclude VAT unless otherwise stated
- Prices are subject to change with 30 days' notice for existing customers
- Custom quotes are valid for 30 days unless otherwise specified
5.2 Payment Terms
- Payment is due within 30 days of invoice date unless otherwise agreed
- Subscription services are billed monthly in advance
- One-time services and products are billed upon delivery
- We accept payment by bank transfer, credit card, and direct debit
5.3 Late Payment
Late payments may incur interest at 8% above the Bank of England base rate, calculated daily. We reserve the right to suspend services for overdue accounts after 14 days' written notice.
6. Service Terms and Commitments
6.1 Minimum Terms
Certain services may have minimum contract terms:
- Cloud Phone Systems: 12-month minimum term
- Fiber Internet: 24-month minimum term
- Mobile Solutions: 24-month minimum term
- Support Packages: Monthly rolling or annual contracts
6.2 Early Termination
Early termination of services with minimum terms may incur charges equal to the remaining contract value or as specified in your service agreement.
6.3 Renewal
Services automatically renew for successive periods equal to the initial term unless either party provides 30 days' written notice of non-renewal.
7. Acceptable Use Policy
You agree not to use our services to:
- Violate any applicable laws or regulations
- Infringe intellectual property rights
- Transmit malware, spam, or malicious code
- Engage in unauthorized access or hacking attempts
- Conduct illegal or fraudulent activities
- Harass, abuse, or harm others
- Exceed reasonable usage limits for unlimited services
- Resell services without written authorization
Violation of this policy may result in immediate service suspension or termination.
8. Intellectual Property
8.1 Our Property
All content, software, and materials on our platform remain our property or that of our licensors. This includes but is not limited to:
- Logos, trademarks, and brand materials
- Website design and content
- Software and applications
- Documentation and training materials
8.2 License Grant
We grant you a limited, non-exclusive, non-transferable license to use our platform and services for your internal business purposes only.
8.3 Customer Content
You retain ownership of content you upload to our services. You grant us a license to use such content solely to provide services to you.
9. Warranties and Disclaimers
9.1 Service Warranty
We warrant that our services will be performed with reasonable skill and care in accordance with industry standards.
9.2 Product Warranty
Physical products are covered by manufacturer warranties. We will assist with warranty claims but are not liable for manufacturer defects.
9.3 Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
10.1 Liability Cap
Our total liability for any claim arising from these Terms or our services shall not exceed the greater of:
- £1,000; or
- The total fees paid by you in the 12 months preceding the claim
10.2 Exclusions
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
10.3 Exceptions
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Commssource and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney fees) arising from:
- Your breach of these Terms
- Your violation of applicable laws
- Your use or misuse of our services
- Your infringement of third-party rights
- Content you submit through our services
12. Force Majeure
Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, labor disputes, or internet service interruptions.
13. Termination
13.1 Termination by You
You may terminate services by providing 30 days' written notice, subject to minimum term commitments and early termination fees.
13.2 Termination by Us
We may terminate or suspend services immediately if:
- You breach these Terms materially
- You fail to pay fees after notice
- You violate our Acceptable Use Policy
- We are required to do so by law
- You become insolvent or enter administration
13.3 Effect of Termination
Upon termination, your right to use services ceases immediately. You remain liable for all outstanding fees. We may delete your data 30 days after termination unless legally required to retain it.
14. Data Protection
We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR. Where we process personal data on your behalf, we act as a data processor and will enter into appropriate data processing agreements.
You warrant that you have all necessary consents and legal bases to share personal data with us for service provision.
15. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party and marked as confidential or that reasonably should be considered confidential. This obligation survives termination for 5 years.
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
16. Dispute Resolution
16.1 Informal Resolution
We prefer to resolve disputes informally. Please contact us at legal@commssource.co.uk to discuss any concerns before pursuing formal proceedings.
16.2 Mediation
If informal resolution fails, parties agree to attempt mediation through a mutually agreed mediator before litigation.
16.3 Jurisdiction
These Terms are governed by English law. The courts of England and Wales have exclusive jurisdiction over any disputes.
17. General Provisions
17.1 Entire Agreement
These Terms, together with any service-specific agreements, constitute the entire agreement between parties.
17.2 Amendments
We may modify these Terms with 30 days' notice. Continued use of services after changes constitutes acceptance.
17.3 Severability
If any provision is found invalid or unenforceable, the remaining provisions continue in full effect.
17.4 Assignment
You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.
17.5 Waiver
No waiver of any term is effective unless in writing. Failure to enforce any right does not constitute a waiver.
17.6 Notices
Notices must be in writing and sent to the addresses specified in your account or to legal@commssource.co.uk.
18. Special Terms for Specific Services
18.1 Telecommunications Services
Telecom services are subject to Ofcom regulations and our network fair usage policies. Number porting is subject to industry lead times and procedures.
18.2 Cloud Services
Cloud services are subject to availability targets of 99.9% measured monthly. Scheduled maintenance is excluded from availability calculations.
18.3 Support Services
24/7 support is provided for critical issues. Non-critical issues are handled during business hours. Response times vary by service level.
19. Contact Information
Commssource Ltd
Legal Department
Email: legal@commssource.co.uk
Phone: +44 1254 661100
Address: Unit C4, Hulme Court, Commercial Rd
Darwen, BB3 0FE
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.