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.