GENERAL TERMS
1. DEFINITIONS

1.1. The following words have the following meaning:
“Account” means the Account opened by Calteq Ltd in the name of the Customer relating to the Services.
“Agreement” means these terms and conditions and the Customer Order Form.
“Affiliate” means any subsidiary of Calteq or any entity that directly or indirectly controls, is controlled by, or
is under common control with Calteq.
“BT” means British Telecommunications Plc.
“Commencement date” means the date the Services ordered (as set out on the Customer Order Form) become
live, for clarity this is not the order date mentioned on the Customer Order Form. If your order contains packaged
services (i.e. a number of Services for a fixed monthly amount) your commencement date is the date the final
Service went live with Calteq.
“Customer” or “You” means the company, partnership, sole trader or other legal entity named in the Customer
Order Form.
“Customer Order Form” means the accompanying document titled Customer Order Form containing details of
the Customer and the Services.
“Data Services” means the Services relating to data as specified in the Customer Order Form.
“Equipment” means any Equipment supplied by Calteq to the Customer.
“Calteq” or “we” or “us” means Calteq Ltd, including its successors and assigns and any Affiliates thereof.
“Calteq Designated Carrier Network” means the telecommunications network.
“Least Cost Routing Software” means software installed on a telephone system which automatically the
enables the routing of calls via different telephone networks.
“Line Rental” means rental of the Customer’s ISDN or Analogue line(s).
“Microenterprises” means microenterprises, small enterprises and not-for-profit Customer for which no more
than 10 individuals work (employees, volunteers or otherwise).
“Minimum Term” means the minimum duration for each Service which, unless otherwise expressly stated on
the Customer Order Form, will be as stated in this Agreement under the Service Specific Terms and Conditions.
“MLU Access” means the automatic insertion of the unique Firstcom access code by a unit of Calteq.
“Network Services Plan” means the particular Network Services Plan specified in the Customer Order Form.
“Preferred Commencement Date” means the preferred date on which that particular Service is due to
commence.
“Services” means the services requested by the customer as particularised in the Customer Order Form.
“Services Literature” means Calteq’s literature specific to the Services.
“Site” means the place of business at which the Services and Equipment are to be provided as specified in the
Agreement.
“Software” means any computer programme that was on the Equipment when supplied or that the Customer
received separately.
“Support Services” means the support and maintenance services purchased by the Customer as set out in a
Customer Order Form.
“User” means the Customer and any individual or company permitted to use the Services.
1.2. Headings are inserted for the ease of reference only and do not affect the interpretation of this Agreement.
1.3. Any words following the words including, include, in particular, for example or any similar expression
will be construed as illustrative and will not limit the sense of the words preceding those words.

2. THE SERVICES
2.1. Customer Order Form. The Customer will complete, sign and return to Calteq a Customer Order Form or
Purchase Order prior to Calteq agreeing to provide the Services. In any event, the Customer agrees that the
receipt by Calteq of a Purchase Order from the Customer or the use by Customer of any of the Services shall
be deemed to be acceptance by the Customer of the Customer Order Form and these terms and conditions.
2.2. Reasonable care and skill. We will use all reasonable care and skill to provide you with the Services
throughout the term of the Agreement.
2.3. Estimated dates and times. Dates and times for provision of the Services are estimates only and no liability
will accrue to Calteq for failure to meet any such dates.

3. CUSTOMER’S OBLIGATIONS
3.1. Use of Services. The Customer undertakes to Calteq that the Services will be used only as follows:
3.1.1. in accordance with the Agreement;
3.1.2. only the Customer and the Users will use the Services and no other person will be permitted;
3.1.3. the Services Literature and any other instructions regarding the use of the Services as may be
notified to the Customer by Calteq from time to time will be complied with promptly and deemed
to form part of the Agreement; and
3.1.4. for the duration of the Minimum Term it will route all its inbound, non-geographic and outbound
calls (including without limitation all its voice, fax and data traffic) via Calteq on an exclusive
basis. For the avoidance of doubt the Customer acknowledges and accepts that during the
Minimum Term it will not use any services offered by a third party which are competitive.
3.2. Restrictions on Use of Services. The Customer will ensure that the Services are not used in the following
manner:
3.2.1. For the transmission of any material which is intended to be a hoax call to emergency services or
is of a defamatory, offensive, abusive, obscene or menacing character;
3.2.2. Use fraudulently in connection with a criminal offence or in any other way which is unlawful or
immoral;
3.2.3. Use which constitutes a violation or infringement of the rights of any other or may, at Calteq’s
discretion, be otherwise objectionable;
3.2.4. Use which allows third parties to interfere with or corrupt the Services in any way; or
3.2.5. Otherwise than for the purposes of a telecommunications system.
3.3. Timely Installation. If the Customer prevents Calteq from delivering or installing the Services and/or
Equipment, including where the Site(s) is unprepared, or if the time from order date to installation of the
Services and/or Equipment exceeds 6 months, Calteq reserves the right to: (i) charge its costs, including
without limitation legal costs, to the Customer; and/or (ii) deliver the Services and/or Equipment to site and
the Customer must pay in full via the agreed payment method.
3.4. Other obligations. The Customer agrees that at all times during the term of the Agreement it :
3.4.1. Provide access to all appropriate sites for Calteq personnel during the Customer’s normal working
hours and allow the removal, installation and maintenance of any Equipment;
3.4.2. Keep its telecommunications equipment in good working order and ensure that such equipment
complies with all applicable standards and approvals so as to enable Calteq to provide the Services;
3.4.3. Provide all reasonable assistance required by Calteq to enable it to provide the Services;
3.4.4. promptly provide Calteq (free of charge) with any information Calteq may reasonably require to
enable it to proceed with the performance of its obligations under the Agreement including any
information which Calteq may reasonably request for the purposes of credit verification and
debt collection and the Customer permits Calteq to use such information and to provide it to
third parties acting on behalf of Calteq for such purposes;
3.4.5. Give Calteq at least three (3) month’s prior written notice of any premises’ relocation for telephone
number(s) on which the Services are registered; and
3.4.6. Pay Calteq (at its then current published rates) for all call-out visits required if Calteq determines
that the problem with the Services is not the fault of Calteq or Access Equipment has been damaged
by the Customer.
3.5. Indemnity. Customer will Indemnify Calteq fully against all losses, liabilities, costs (including legal costs)
which Calteq may incur as a result of any breach of the Customers obligations under this Agreement or any
misuse of the Services. The Customer must report to Calteq as soon as it becomes aware of any fraud,
deception, or unauthorised or unlawful use relating to the Equipment or Services. The Customer must advise
Calteq in writing if it changes its address.

4. CALTEQ’S RIGHTS
4.1. Flexibility. Calteq will be entitled to alter any access or authorisation number or method of Services from
time to time and may reprogram the Customer’s equipment as a result. Calteq may at any time change the
Calteq Designated Carrier Network, the Services or any Equipment if it needs to do so to comply with any
applicable safety or other statutory requirements; or where the change does not materially detract from the
quality or performance of the Services. Calteq will pay for any change to the Calteq Designated Carrier
Network, Services or Equipment made under this clause.
4.2. Data collection and use. Calteq may collect data and information about the Customer’s use of the Services
and Equipment and share such data and information with: (i) Affiliates of Calteq; and (II) third parties; but
solely for the purposes of providing the Services to the Customer.

5. CHARGES AND PAYMENT
5.1. Payment. The Customer must pay all sums due to Calteq within 14 days after the date of the invoice by
Direct Debit. If Customer fails to complete the direct debit form, a monthly surcharge of £5 (plus VAT) will
be added to the charges to cover Calteq’s increased administrative costs. The Customer is responsible for all
charges arising from the use of the Services by any person utilising the Customer’s registered Services (with
or without the Customer’s authorization).
5.2. Failure to pay. If the Customer fails to make payment within 14 days of the date of the invoice, without
prejudice to its other rights hereunder, Calteq may:
5.2.1. require the Customer to pay all sums due under this Agreement on demand;
5.2.2. charge interest at a rate equal to the lesser of 3% per month above the Bank of England’s Base
Lending Rate applicable at the time or the maximum rate permitted by applicable law on any
overdue fees, from the due date until the date the overdue amount (plus applicable interest) is paid
in full; and
5.2.3. charge the Customer Calteq’s reasonable collection costs, including £85 (plus VAT) for
administrative costs.
For the avoidance of doubt, non-payment will be deemed to be a material breach of this Agreement.
5.3. Increase in charges. The charges under this Agreement will be increased annually on the anniversary date
by a percentage price increase that is equal to the percentage increase in the UK Retail Price Index in the
preceding 12 month period plus 3.5%. Negative price movements are expressly excluded. For example, if
the charges are £100 per month and the UK RPI increase is 5%, then the charges will increase to 108.5% x
£100 = £108.50 per month.
5.4. VAT. All sums due to Calteq under the Agreement are subject to Value Added Tax (“VAT”), and any
applicable taxes, levies or charges which from time to time may be introduced.
5.5. Invoices. If there are any errors or omissions in a Calteq invoice for any period, Calteq may issue an invoice
at a later date. Customers who require paper billing will be charged at the cost of up to £5 (plus VAT) per
paper invoice provided.
5.6. If the Customer obtains any services from a third party which are competitive with or substantially similar
to the Services during the Minimum Term, materially breaches this Agreement, gives less than the specified
amount of written notice to terminate this Agreement, ceases to use the Services or a part thereof (including
reduced usage), terminates this Agreement prior to the expiry of the Minimum Term or any subsequent
period equivalent to the Minimum Term or fails to achieve any minimum call spend as set out on the
Agreement, the Customer accepts that Calteq will be entitled to invoice the Customer for the loss it suffers,
including, for example, loss of revenue for the short notice given for the balance of the Minimum Term
based upon an average of 6 calendar months bills of the Customer in which periods the Customer has made
full use of the Services (or such lesser period as is available). Calteq reserves the right to apply this clause
in the alternative to any other provisions in this Agreement.
5.7. Where the agreed payment method states ‘lease’, Calteq reserves the right to use a third-party finance/lease
company to facilitate the purchase of any equipment supplied as part of the Agreement.

6. ACCESS EQUIPMENT
6.1. The Customer will provide without charge or cost to Calteq appropriate equipment space, environment and
continuous stable electrical power to install and maintain the equipment at its premises.
6.2. All Calteq Access Equipment will remain in the ownership of Calteq. For Access Equipment on Customer’s
premises, the Customer will ensure that it is kept safe and upon termination of the Agreement, the Customer
will ensure that Calteq is allowed prompt access to all relevant premises to remove its Access Equipment.
6.3. For the avoidance of doubt, if any item of Equipment fails, it will not affect the rights and liabilities of either
party for the other items. The Customer’s duties under the Agreement will continue and will not be affected
by the breakdown, theft, loss, destruction of, or damage to any Equipment.

7. INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights in all documents, drawings and information including if applicable any access codes
supplied to the Customer in connection with the Agreement remain vested in Calteq or the intellectual property
right owner. Such documents, drawings and information are confidential and must not be copied, disclosed or
used (except for the purpose for which they were supplied) without Calteq’s prior written consent.

8. SUSPENSION
8.1. Suspension. Calteq may suspend the Services to the Customer at its sole discretion including but not limited
to the following:
8.1.1. if any credit limit between Calteq and the Customer is breached
8.1.2. If Customer materially breaches the Agreement (including, without limitation, failure to make any
payment or to provide any deposit required to be made or provided under the Agreement).
8.1.3. In order to comply with an order, instruction or request of any government, emergency service
organisation or other competent authority;
8.1.4. technical problems or work on the network or for reasons of safety;
8.1.5. Fraud or attempted fraud is suspected by Calteq (in its reasonable opinion) in connection with your
use of the Services; or
8.1.6. to maintain or upgrade the Calteq Designated Carrier Network at the Site.
8.2. Effect on Fees. Calteq may levy an administration fee of £52.50 (plus VAT) per number for lifting such a
suspension under clauses 8.1.1 and 8.1.2. If suspension occurs for technical reasons or to prevent fraud and
that suspension lasts for more than 24 hours, the Customer will receive a pro-rata credit against the monthly
access charge for the period of the suspension.
8.3. Notice. In certain circumstances it may not be possible for Calteq to provide notice of the suspension. Calteq
will use reasonable endeavours taking account of the circumstances to provide the Customer with as much
notice of the suspension and to maintain the suspension for as short a period as is reasonably possible.

9. TERMINATION
9.1. Termination Notice. If the Customer wishes to terminate the Services at the end of the Minimum Term (or
any subsequent term) prior written notice of at least 90 days (but no more than 120 days) must be provided
to Calteq by recorded delivery. If such notice is not received by Calteq, the Services will continue for a
further period of 24 months or the Minimum Term stated on the Customer Order Form (whichever is longer)
(“Rollover Term”). This clause does not apply to Microenterprises.
9.2. Termination. Either party (without prejudice to its other rights) may terminate the Agreement forthwith in
the event that the other party:
9.2.1. materially breaches the Agreement and (if such breach is remediable) fails to remedy it within 14
days of receiving written notice to do so; or
9.2.2. takes or has taken against it (other than in relation to a solvent restructuring) any step or action
towards its entering bankruptcy, administration, provisional liquidation or any composition or
arrangement with its creditors, applying to court for or obtaining a moratorium under Part A1 of
the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being
struck off the register of companies, having a receiver appointed to any of its assets, or its entering
a procedure in any jurisdiction with a similar effect to a procedure listed in this clause.
9.3. Effect of termination or expiration. If the Agreement is terminated by either party or expires, the Customer
will:
9.3.1. Pay to Calteq all outstanding charges together with any interest payable under the Agreement from
the date of termination;
9.3.2. Immediately stop using the Services;
9.3.3. Immediately stop using and return to Calteq all equipment owned or provided by Calteq and/or
allow entry to the Customer’s premises during normal business hoursfor the removal of any Calteq
Access Equipment, The Customer’s obligations in respect of the Equipment will continue to apply
until Calteq has removed the Equipment.
9.4. After termination of this Agreement, Calteq will not be responsible for any further programming required
by the Customer.

10. CONFIDENTIALITY
10.1. Except as expressly permitted under this Agreement, the Customer and any User will at all times keep
confidential the terms of this Agreement and all matters relating to the Services, and will not disclose the
same to any third party without the prior written consent of Calteq, unless required to do so by a court order
or legislation. This obligation will not apply to information which the recipient can prove was in its
possession on a non-confidential basis before it was received or which the recipient obtains on a nonconfidential basis from some other person who is not under any confidentiality obligation in respect of
that information or which is in the public domain otherwise than through breach of confidentiality by
the recipient.
10.2. Details of the Agreement and the conduct of the Account may be registered with a licensed Credit Reference
Agency. Information thus registered may be used to help make credit decisions, for fraud prevention or the
tracing of debtors.

11. DATA PROTECTION
Both parties must comply with the current Data Protection Legislation when dealing with personal data given
to the other party under the Agreement.

12. LIMITATION OF LIABILITY
12.1.Calteq accepts liability for death or personal injury resulting from our negligence or for our fraud or
fraudulent misrepresentation or for any other liability that we cannot by law exclude or limit.
12.2. We also accept liability for loss or damage to your physical property arising from our negligence. We’ll pay
up to £10,000 for such loss or damage in total in any 12 month period.
12.3. Except as set out in Clauses 12.1 and 12.2, Calteq will not be liable to the Customer in relation to the Services
and this Agreement, whether in contract, tort or otherwise (including negligence) for more than £5,000 for
one event or series of related events and £15,000 in total for all events arising in any 12 month period.
12.4.Calteq and its suppliers and service providers do not offer or guarantee a fault free service. Except as
expressly set out in this clauses 12.1 and 12.2, Calteq will not be liable to the Customer in relation to the
Services and this Agreement, whether in contract, tort or otherwise (including negligence) for any:
12.4.1. consequential or indirect loss;
12.4.2. loss of actual or anticipated profits;
12.4.3. loss of revenue;
12.4.4. loss of contracts or business;
12.4.5. loss of anticipated savings;
12.4.6. loss of reputation or goodwill;
12.4.7. loss of or interruption of business;
12.4.8. loss of use or corruption of software, data or information;
12.4.9. acts and omissions of other telecommunications operators;
12.4.10. faults in the Customer’s telecommunications equipment
12.4.11. any damages whatsoever caused any reprogramming of the Customer’s existing Least Cost
Routing Software unless such damage is caused by Calteq’s negligence;
12.5.In the event of any failure in the Services, Calteq will not be liable to the Customer for any charges incurred
by the Customer should it direct its telecommunications traffic to another carrier.
12.6.Calteq reserves the right not to provide the Services due to any technical limitations of the telephone system,
telephone exchange, or Calteq Access Equipment.
12.7.Calteq is not responsible for call charges resulting from fraudulent use of the Equipment or Services by the
Customer or any third parties and the Customer agrees to pay all additional charges related to such fraud.
Calteq will automatically provide Exceptional Call Reporting for the Customer to cover this risk and this
will be provided free of charge to the Customer for a period of 3 months from the start date of the Customer
Order Form. Thereafter, charges will apply and the cost of Exceptional Call Reporting will be paid by the
Customer unless Customer informs Calteq within the first 3 month period that they do not wish for
Exceptional Call Reporting to continue. . This clause will always apply unless the Customer specifically
states in writing to Calteq that the Customer does not want this Exceptional Call Reporting cover to apply.
Customer acknowledges that there is an excess charge of £250 (plus VAT) for any monies claimed against
Exceptional Call Reporting.

13. DEPOSIT AND CREDIT LIMIT
13.1. Deposit. Calteq may, on 7 days prior written notice to the Customer, require a payment specified by Calteq
to be held as a deposit against any charges arising from the use of the Services and Calteq will be entitled to
offset such deposit against any amounts due under this Agreement from time to time including interest. Any
deposit held by Calteq will not accrue any interest.
13.2. Credit Limit. Calteq may, on 7 days prior written notice to the Customer, stipulate a reasonable monetary
limit that will apply to all charges due or which may become due to Calteq from the Customer. If at any time
the amount of charges payable to Calteq exceeds the stipulated monetary limit, Calteq will immediately
notify the Customer and any amounts incurred in excess of the stipulated monetary limit will
immediately become due and payable.

14. MICROENTERPRISES AND SMALL ENTERPRISES
14.1. The below applies only to Microenterprises and prevails over any conflicting clauses in this Agreement:
14.1.1. Minimum Contract Term – Minimum Term for our services will be no longer than 24 months
unless otherwise agreed in writing by you.
14.1.2. Automatically Renewable Contracts – clauses in this Agreement which automatically renew our
Agreement with you do not apply to you. Once you have completed the Minimum Term of your
contract, you are on a rolling 30 day contract until you renew, change or cancel your contract.
14.1.3. If you are in the process of transferring your services and have 10 days or more before the
transfer date, then you can request that we cancel the transfer. You will be subject to cancellation
charges for the Services stated in the Agreement.
14.1.4. Calteq will not extend your contract without your express consent when you buy additional
services.
14.1.5. If we make changes to the Services, we will give you at least one (1) month’s prior written
notice of such changes. You may terminate this Agreement at no additional cost within one month
after notification if the changes are not exclusively of benefit to you. This does not apply if the
change is purely administrative and has no negative effect on you.

15. ASSIGNMENT
15.1. The Customer may not assign, transfer or otherwise deal with any of its rights under the Agreement without
prior written consent from Calteq, such consent not to be unreasonably withheld.
15.2.Calteq may assign, transfer, sub-contract or deal with any of its rights hereunder to an Affiliate or other
person by providing at least one (1) month’s prior written notice to the Customer.

16. FORCE MAJEURE
Neither party will be liable to the other for any loss or damage which may suffered by the other party due to any
cause beyond the first party’s reasonable control including drought, lightning or fire, strike, lock-out, trade dispute
or labour disturbance, pandemic or epidemic, the act or omission of Government, highway authorities, public
telecommunication operators or other competent authority, war, military operations, or riot, difficulty, delay or
failure in manufacture, production or supply by third parties of the Services or any part thereof. If any force
majeure event lasts for more than 3 months and that event prevents either party from performing all or a material
part of its obligations during that period, either party may terminate this Agreement, by giving 14 days prior
written notice to the other party.

17. THIRD PARTY RIGHTS
No person who is not a party to this Agreement has any rights under the Contracts (Rights of Third Parties) Act
1999 to enforce any of this Agreement.

18. NO WAIVER; SEVERANCE
Failure by either Calteq or the Customer to exercise or enforce any right conferred by the Agreement will not be
deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of any other right on
any later occasion. If any provision or part-provision of this Agreement is or becomes invalid, illegal or
unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of this
agreement.

19. ENTIRE CONTRACT
The Agreement represents the entire understanding between the parties in relation to the subject matter of the
Agreement and supersedes all other agreements and representations made by either party, whether oral or written.

20. SERVICE OF NOTICE
Except as otherwise set out in this Agreement, any notice, invoice or other document which may be given under
the Agreement will be deemed to be duly given if sent by recorded post to the registered office of the party to be
served (or any other address notified by the party to be served to the other party in writing), or by electronic mail
to: (a) Calteq at hello@calteq.co.uk ; or (b) Customer at Customer’s email address stated on the Customer Order
Form. This clause does not apply to the service of any proceedings or other documents in any legal action or,
where applicable, any arbitration or other method of dispute resolution.

21. SURVIVAL
Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on
or after termination or expiry of this Agreement, will remain in full force and effect.

22. CUSTOMER’S PURCHASE ORDER. Any terms or conditions in Customer’s purchase order or any other
related documentation submitted by or on behalf of the Customer to Calteq do not form part of this Agreement
and are void, unless otherwise expressly agreed in writing and signed by both Customer and Calteq.

23. ORDER OF PRECEDENCE
To the extent of any inconsistency, the Service Specific Terms and Conditions will prevail over the General
Terms.

24. GOVERNING LAW
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in
connection with it or its subject matter or formation will be governed by and construed in accordance with the law
of England and Wales. Each party irrevocably agrees that the courts of England and Wales will have exclusive
jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in
connection with this agreement or its subject matter or formation.

SERVICE SPECIFIC TERMS AND CONDITIONS

25. NETWORK SERVICES (INCLUDING LINE RENTAL)
25.1. Charges. Calteq will invoice the Customer monthly in advance for the Line Rental and monthly in arrears
for other Network Services at the prices set out in the Network Services plan (as amended in accordance
with clause 5.3).
25.2. Set up charge. All calls made on Calteq tariffs are subject to 1p setup charge on local and national calls and
3p setup charge for all calls made to mobiles. Calls to international destinations are subject to a call setup fee.
25.3. Minimum call charge. All calls made on Calteq discount and saver tariffs are subject to 1p minimum call
charge.
25.4.Inclusive or bundled call packages. For Inclusive or bundled call packagesthat include mobile destinations,
the inclusive mobile allowance only includes calls to the main UK carriers (Vodafone, O2, EE, Three). Calls
to any other destination commencing 07 will be charged at the standard tariff rate.
25.5. Previous Agreements. The Customer agrees that signing this Agreement will terminate any previous
network services/line rental agreement. The Customer authorises Calteq to use all information the Customer
provides in order to liaise directly with another service provider.
25.6. Minimum Term. The Customer agrees to purchase the network services/line rental services specified in
the Customer Order Form for a Minimum Term of 24 months, which cannot be cancelled or refunded except
as set out in this Agreement or the Customer Order Form.
25.7.Termination Notice. If the Customer wishes to terminate the network services/line rental services at the end
of the Minimum Term (or any subsequent term) prior written notice of at least 90 days (but no more than
120 days) must be provided to Calteq by recorded delivery. If such notice is not received by Calteq, the
network services/line rental services will continue for a further period of 24 months or the Minimum Term
stated on the Customer Order Form (whichever is longer) (“Rollover Term”).
25.8.Early Migration. If the Customer migrates its call traffic from Calteq’s network before the expiry of the
notice required under this Agreement, Calteq reserves its right to invoice an amount equal to the
Customer’s average monthly gross profit multiplied by the number of months remaining in the
Minimum Term for any products migrated away.
25.9.Early Termination. If this Agreement ends before the Minimum Term or subsequent fixed period ends
(other than as a result of force majeure or any breach of this Agreement by us) you will pay us:
25.9.1. the Monthly Rental Charges or Package Price which would have been payable if the Agreement
had not ended early;
25.9.2. a disconnection fee of £159.00 (plus VAT) for every line and channel whether the Agreement
has reached the full minimum period or not;
25.9.3. a charge equal to four times the value of average monthly call billing during the term of this
Agreement up to and including the month of termination. If you are on a package which includes
bundled minutes, the value is the average excess monthly call charges that are not included in your
bundle.
25.10. Charges for Cancellation and Deferment. If Customer requests Calteq to cancel any network transfer
or line work order being processed on behalf of the Customer, Customer will pay to Calteq the full value of
the charges due for the Minimum Term within 14 days of the cancellation request being made. If the
Customer defers or delays their network transfer or line work order, Calteq reserves the right to charge an
administration fee of £159 (plus VAT) to be paid within 14 days of the request for deferment or delay
by the Customer.
25.11. Third Party Service Provider Charges. The Customer is solely responsible for any third party service
provider’s charges, including those that that relate to faults, equipment used by third party service provider
engineers, missed appointments, engineer visits or any other charges that third party service provider may
make.
25.12. Backdated Charges. All charges relating to line rental are normally charged in a timely manner;
however, Calteq reserves the right where necessary to apply and charge the Customer backdated line rental
or other charges. The Customer is responsible for the payment of these charges in accordance with the
payment terms under this Agreement.
25.13. Fair Usage. Any unlimited services provided are subject to a fair usage policy of up to 2000 minutes per
channel or user. You will be liable to pay for any usage above this at the Calteq standard pence per minute
rate available at www.calteq.co.uk .
25.14. Call Recording. Call recording storage is for a maximum of 30 days unless otherwise specified in the
Customer Order Form.
25.15. Routing Equipment. All routers and routing equipment supplied by Calteq must be returned to Calteq
by Customer within 14 days after the termination or expiration of the Customer Order Form, failing which
Customer must pay to Calteq a charge of £500 (plus VAT) for the router(s) and routing equipment.

26. MOBILE SERVICES
26.1. Charges. The Customer will be charged for all use of the lines supplied including;
26.1.1. A monthly access charge which is payable one month in advance, together with payment for
any extra services which Calteq is providing to the Customer;
26.1.2. Call charges for all calls made in the previous month according to the Calteq tariff which the
Customer has chosen;
26.1.3. If the Customer chooses to use the telephone abroad, these charges will include all incoming
calls that the Customer receives during that period.
26.2. Adjusting charges. If the network provider exercises any right against Calteq to withhold or claw-back
payments made by the network provider to Calteq, Calteq will be entitled to charge, claw-back or adjust
payments, tariffs or discounts made or given by Calteq to the Customer to the extent that they are based upon
payments from the network provider.
26.3. Non-Commercial Use Charges. If any cellular connection is not being used for commercial purposes, then
Calteq will be entitled to charge, claw-back or adjust any payments, tariffs or discounts made or given in
respect of that connection.
26.4. Minimum Term. The Customer may be supplied with a number of cellular connections (lines) at different
times at the Customer’s own request. Each supply will be for a Minimum Term of 24 months from the date
of the order which cannot be cancelled or refunded except as set out in this Agreement or the Customer
Order Form. Subject to any other right of termination under the Agreement, this may only be terminated by
giving 90 days’ prior written notice not to expire before the end of the Minimum Term.
26.5. Additional Equipment / Upgrade. Where Calteq has provided further equipment in respect of any line at
a subsidised price (upgrade) or financial support in lieu of equipment (upgrade support) then the Minimum
Term that relates to that line is extended by a further period equal to the Minimum Term from the date of
supply of the upgrade or upgrade support. This clause does not apply to Microenterprises.
26.6.Termination. If the Customer terminates the Agreement in breach of these terms and conditions, the
Customer will be obliged to pay the monthly access charges in relation to each line supplied until the earliest
date that the Customer would have been entitled to end each supply. When this Agreement is terminated
Calteq will disconnect the Customer from the network and it must pay all charges owed to Calteq.
26.7. Change of Supplier. In the event that the Customer wishes to change its mobile services supplier after the
relevant Minimum Term has expired, Calteq will arrange for the transfer of the telephone number to the new
supplier providing that the Customer has: (i) given the appropriate period of notice to terminate that supply;
(ii) paid a reasonable administration fee; (iii) paid all sums due to Calteq under this Agreement; and (iv) paid
a deposit in respect of unbilled calls.

27. DATA SERVICES
27.1. Charges. Calteq will provide the Customer with the Data Services and associated installation at the charges
set out in this Agreement. Unless otherwise agreed in writing, the charges will be payable monthly in advance
from the start of the Minimum Term.
27.2. Fair Usage. Any unlimited services provided are subject to a fair usage policy of 40gb per month. Any usage
above 40gb per month will be charged to you at up to £2 (plus VAT) per excess gb used.
27.3.Excess Charges. If you are subject to a monthly data limit and you exceed this then you will be liable to pay
for any usage above this at up to £2 (plus VAT) per excess gb used.
27.4. Disconnection Charges. Calteq will always charge the customer a broadband disconnection fee of £45 (plus
VAT).
27.5. Fee Increases. All fees are subject to change from time to time in the event that the carrier increases its fees
to Calteq. Details of any such increase will be provided to the customer as soon as reasonably possible and
in any event, at least 30 day prior written notice of the increase will be provided. Microenterprises may
terminate the Agreement within 30 days of notification of the increased price, at no additional cost.
27.6. Minimum Term. The Customer agrees that a Minimum Term of 24 months applies to Data Services
supplied to Customer by Calteq. This Minimum Term cannot be cancelled or refunded except as set out in
this Agreement or the Customer Order Form
27.7.Termination Notice. If the Customer wishes to terminate the Data Services at the end of the Minimum Term
(or any subsequent term) prior written notice of at least 90 days (but no more than120 days) must be provided
to Calteq by recorded delivery. If such notice is not received by Calteq, the Data Services will continue for
a further period of 24 months or the Minimum Term stated on the Customer Order Form (whichever is
longer) (“Rollover Term”).
27.8.Early Termination. If the Customer terminates the Agreement before the end of the Minimum Term or
Rollover Term Calteq may charge the Customer the charges that would have been payable for the balance
of the Minimum Term or Rollover Term.
27.9. Carrier. Calteq may obtain telecommunication services from a carrier in order to supply the Data Services
to the Customer and may change the data provider at any time.
27.10. Technical restrictions. The Customer accepts that it may not be able to receive the Data Services due
to certain technical restrictions. If such technical restrictions are discovered after the date of the Agreement,
Calteq may immediately terminate the Agreement in whole or in part without prejudice to any of its rights
under the Agreement.
27.11. Change of Site. If the Customer moves from the Site(s), Calteq will be entitled to charge the fees that
would have been payable by the Customer for the balance of the Minimum Term. If the customer wishes to
receive the Data Services at a new Site(s), it may be required by Calteq to start a new Agreement.

28. SUPPORT SERVICES
28.1. Charges. The Customer will pay 40% of the total order value or £500 (plus VAT) (whichever is the greater)
on signing the Agreement and the remaining amount on the installation date. Payment will be due on receipt
of the invoice. Calteq will have the right to stop servicing the Equipment if the Customer does not pay
on time.
28.2. Fee Increases. Calteq may from time to time increase the charge for Support Services to account for cost
increases and we will provide at least 30 days prior written notice before this increase. Microenterprises may
terminate the Agreement within 30 days of notification of the increased price, at no additional cost. For all
other Customers, if this increase exceeds 10%, the Customer may terminate the Agreement by writing to
Calteq within 30 days of the date of the invoice for the increased price. Customers will not be allowed to
terminate the Agreement if the increase has resulted from additions made to the system.
28.3. Minimum Term. The period of Support Services will start on the Preferred Commencement Date. It will
continue for the Minimum Term of 60 months (which cannot be cancelled or refunded except as set out in
this Agreement or the Customer Order Form) and then from year to year until terminated at any time by
either party giving termination notice in accordance with clause 9.1.
28.4. Ownership of Equipment. Ownership of the Equipment will remain with Calteq unless it is paid for in full
by the Customer. Until that time the Customer will hold it as Calteq’s fiduciary agent and bailee. The
Customer must keep the Equipment separate from other equipment and it must be properly stored, protected,
insured and identified as Calteq’s property. The Customer is not permitted to sell the Equipment and Calteq
can insist on its return.
28.5. On expiry of Calteq’s associated lease agreements, the leased system(s) become(s) the property of Calteq. An
invoice will be raised for secondary rental or title of the Equipment unless the Equipment is returned to
Calteq at 7 The Lanterns, Melbourn St, Royston, Herts, SG8 7BX in good working condition by the
customer within 30 days of the expiry of the lease.
28.6. Faulty Equipment. If requested within the manufacturer’s warranty period, Calteq will replace faulty items
free of charge with an identical model or one with similar capabilities. Calteq will do this only if Calteq
supplied the Equipment to the Customer, the Equipment has been maintained only by Calteq, the Customer
is not at fault and liability is not excluded.
28.7. Support Services. Throughout the term of the Agreement Calteq will ensure that the performance of the
Equipment and the servicing meet the approved standard of the manufacturer including telephone
technical support, an engineer’s visit to Site when required, service of the central control unit and all
components within it, service of key phone instruments, service of Voicemail – auto attendant hardware.
Calteq will endeavour to respond to reported faults within the level of service taken by the Customer but at
no time will a failure by Calteq to do so be construed as a material breach of the Agreement. Support Services
will not cover failure due to changes to or disconnection from the approved system, failure of any supplies
or connected services, changes in the environment, ancillary items including but not limited to answer
phones, call loggers, payphones, public address systems, printers, external music on hold sources, system
cabling and consumables unless otherwise agreed in writing and a force majeure event as defined in the
Agreement. Any wilful or accidental damage caused to the Equipment will not be covered by any of the
provisions of this Agreement. This would include, any wilful or accidental damage caused by any liquids,
or any damage caused by electrical faults, lightning strikes, floods or any other act of God. Normal wear
and tear is not covered by this Agreement.
28.8.If the Equipment is to be connected to the BT Network or other outside services, it is the Customer’s
responsibility to arrange for provision of any required circuits. The Customer must pay all costs for circuit
rentals, connection charges, inspections, commissioning and any other costs necessary to provide the
services. Calteq will not be responsible for any delays in the provision of services. Any such delay will not
give the Customer the right to refuse installation of the Equipment or payment due to us.
28.9. After Calteq has installed the Equipment at the Site, our engineer will confirm to the Customer that the
Equipment is working satisfactorily. When this is confirmed, the Customer will be taken to have accepted
the Equipment. Any warranties for the Equipment from the manufacturer will be passed to the Customer for
30 days.
28.10. The Customer must prepare the Site(s) in accordance with Calteq’s instructions so that any necessary
Equipment can be installed. The Customer will meet the costs of preparing the Site(s). The Customer must
provide adequate electricity supply and suitable earth connection for the operation of any Equipment to be
installed at the Site(s) and, in the case of MLU Access, a designated carrier network test and termination
point. The Customer must assist and co-operate with Calteq to enable Calteq to carry out its obligations
under the Agreement including giving access to the Site(s) to install and maintain the Equipment. Calteq
will normally carry out installation and maintenance work during normal working hours but may, on
reasonable notice; require the Customer to provide access at other times. At the Customer’s request, Calteq
may agree to work outside normal working hours but the Customer will be liable for paying to Calteq any
overtime charges for relevant staff.
28.11. Installation. Calteq will attempt to install the Equipment at the Premises so that the Service can be
provided on or before the Preferred Commencement Date agreed by Calteq. Any installation date will be an
estimate only and Calteq will not be liable for any failure to meet such installation date. Should the Customer
prevent Calteq from delivering or installing the Equipment, including where the Site(s) is unprepared, or if
the time from order date to installation of the Equipment exceeds 6 months, Calteq reserves the right to: (i)
charge its costs, including without limitation legal costs, to the Customer; and/or (ii) deliver the Equipment
to site and the Customer must pay in full via the agreed payment method. Calteq will attempt to comply with
the Customer’s reasonable requests in respect of installation but Calteq’s decision on the routing of cables
and wires and the positioning of outlets and Equipment will be final. Calteq accepts no liability whatsoever
for any loss the Customer or any third party may suffer as a result of installation of the Service.
28.12. Invalidation. Support Services will not apply if any part of the Equipment that has been serviced,
maintained or worked on for whatever reason or purpose by any party other than Calteq or a party authorised
by Calteq.
28.13. Settlements and Reimbursements. If your equipment funding includes any settlement or
reimbursement this must be claimed from Calteq within 12 months after the date of installation of equipment
otherwise it becomes void and unenforceable and Calteq will have no liability to pay any invoice from you
delivered after that period of 12 months has expired. To clarify the claim must be submitted in writing to
Calteq and acknowledged in writing by Calteq.
28.14. Fault Assurance Service. The Customer is not eligible for Fault Assurance credits in the event the lines,
as notified within the BT engineering report, have been physically damaged by the Customer or another
3rd party. Fault Assurance Service will be provided free of charge to the Customer for a period of 3 months
from the start date of the Customer Order Form. Thereafter, charges will apply and the cost of Fault
Assurance Service will be paid by the Customer unless Customer informs Calteq within the first 3 month
period that they do not wish for Fault Assurance Service to continue.

Registered Office – Calteq Ltd – 1B The Parklands, Lostock, Bolton, BL6 4SD United
Kingdom.
Registration No. 04908083
VAT No. 221442453
Contact us –
Tel: 0808 146 7000
Web: www.calteq.co.uk
Email: hello@calteq.co.uk