The following definitions and rules of interpretation apply in these Conditions.
Average Monthly Billing Profit: The profit received by the Supplier on the average monthly Charges payable by the Customer for non-fixed services across the most recent 3 months in which the Customer has made full use of the Services.
Business Day: A day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: The charges payable by the Customer for the supply of the Services in accordance with clause 7 (Charges and payment).
Commencement Date: Has the meaning given in clause 2.2.
Commitment Period: Has the meaning given in clause 2.3.
Conditions: These terms and conditions as amended from time to time in accordance with clause 14.5.
Contract: The contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
Customer: The person or firm who purchases Services from the Supplier.
Customer Default: Has the meaning set out in clause 5.3.
Data Controller: Has the meaning set out in Article 4 of the EU General Data Protection Regulation.
Data Subject: An identified or identifiable natural person who is the subject of Personal Data.
Deliverables: The deliverables set out in the Order, including any Software.
Estimated Agreed Usage: Means the estimated monthly call traffic, as set out in the Order and which the Supplier has calculated after discussions with the Customer.
Intellectual Property Rights: Patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
NGN: A Non Geographic Number, which the Supplier licences or loans to the Customer, or ports on the Customer’s behalf from one network to another network of the Supplier’s choice.
Number Loan: Means any telephone number licenced to the Supplier that the Supplier has been using and which terminates on one of the Supplier’s own landline numbers, which the Supplier temporarily agrees to terminate on one of the Customer’s chosen landline numbers in accordance with Clause 6.6.
Order: The Customer’s order for Services, which shall include the description or specification of the Services, provided in writing by the Supplier to the Customer.
Out Payment: The payment given from NGN services where there is a revenue share that has been agreed as a rebate to the Customer.
Personal Data: Has the meaning set out in Article 4 of the EU General Data Protection Regulation and relates to any information relating to an identified or identifiable natural person (Data Subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing and Process: Have the meaning set out in Article 4 of the EU General Data Protection Regulation.
Renewal Period: Has the meaning given in clause 2.6.
Service Credits: An amount equal to the amount of the Charges or rebate for an estimated equivalent number of inbound and outbound minutes during the period of any interruption or fault.
Services: The services, including the Deliverables, supplied by the Supplier to the Customer, as set out in the Order.
Small Business Customer: A Customer with fewer than 10 Workers.
Software: Means software that the Supplier provides for the Customer under licence which enables the Customer to use the Services.
Supplier: UK IT Networks Limited registered in England and Wales with company number 08026657.
Supplier Materials: Has the meaning set out in clause 5.1(j), and shall include all materials and equipment used in the provision of the Services, save for any equipment explicitly detailed in the Order as being equipment belonging to the Customer.
Tariff: The tariff of charges included in the Order.
Unacceptable Use: Any activity which includes but is not necessarily limited to terrorist, criminal, illegal, malicious, fraudulent, threatening, harassing, or defamatory behaviour or attempting to violate or compromise security, permitting unauthorised access relating to any service that the Supplier may provide utilising the internet, landline or airtime networks.
Usage Threshold: The agreed maximum bandwidth, capacity, usage, traffic minutes, volume and/or any commitment in respect of the Customer’s maximum usage or maximum period of use, as agreed between the Supplier and the Customer and set out within the Order.
VGN: A Virtual Geographic Number, which the Supplier licences or loans to the Customer, or ports on the Customer’s behalf from one network to another network of the Supplier’s choice.
Worker: Any person who meets the criteria for a “worker” as set out in section 230 of the Employment Rights Act 1996.