Our ‘Terms & Conditions’ is frequently updated and is available at www.breeze-mobile.com This Agreement ("Agreement") is between you and Breeze Telecommunications Ltd, trading under the BreezeMobile brand name, (or as the case may be, BreezeMobile, the company set out in a sales order form) (referred to as "BreezeMobile"), consisting of these terms & conditions and a sales order form which has been accepted in writing by us (the "Order"). Any supply of communications equipment, technology and services (including numbers) ("the Services") supplied by BreezeMobile to you is governed by this Agreement. In this document, "you" and "your" means you, the customer of the Services, and "BreezeMobile," "we," "our," and "us" means BreezeMobile, and any BreezeMobile companies authorised to provide you with the Services.
Once you submit an order form to us, register, enrol in, activate, use, or pay for the Services, you agree to these terms and to the prices, charges, licence or other supplementary terms provided to you with respect to the Services. These will include those product or service specific terms or licences defined on the Order, or as available on www.Breeze-Mobile.com(or otherwise provided to you) all of which are incorporated into this Agreement by reference.
The terms of our rental agreement (set out at www.Breeze-mobile.com) must be signed by you and is incorporated into and supplement to this Agreement, where equipment to be comprised in the Services is to be rented or leased to you.
The terms of our On Site Maintenance agreement (set out at www.Breeze-mobile.com) must be signed by you and is incorporated into and supplement to this Agreement, where equipment to be comprised in the Services is to be subject to On Site maintenance. Hosted Services – Supplemental Terms (set out at www.Breeze-Mobile.com) shall be incorporated into and supplement to this Agreement, where Services to be provided include hosted applications or other IP services.
The Initial Term (as defined at clause 2.1 below) is a minimum of 36 months, unless otherwise agreed by us in the Order, where Services consist of communications services or calls and line rental.
Orders received will be processed within 24 hours and if order includes wireless handsets, and or SIM cards, this is dispatched within 24 hours of receipt of order. We reserve the right to withdraw and alter without notice all quotations made, and price or product lists supplied by us and do not constitute an offer to supply the Services.
Until we have confirmed it in writing no Order submitted by you shall be deemed accepted. You agree that once an Order has been accepted by us, you will not cancel it without our written agreement. We reserve the right to accept or refuse sales order forms.
You agree to be responsible for ensuring the accuracy of the terms of any Order (including the detail of the order form) and for giving us all necessary information within a sufficient time to enable us to perform the Services.
The Services are to be provided for the period set out in the Order with an exception made for the purchase of equipment. If no such period is specified then for a minimum term of 24 months in which the period begins on the date that we first supply the Services ("the Initial Term"). Subsequent terms of this Agreement will automatically be renewed on a 3 monthly basis without further action by you unless you give us notice of non-renewal.
You agree that you will be responsible for charges to the date of termination if you terminate Services prior to the end of the Initial Term. This includes without limitation unbilled charges, plus any disconnection fees or early termination fees (as applicable), all of which shall immediately become due and payable. Details of applicable disconnection fees or early termination fees are set out in the Order or at www.Breeze-mobile.com. We may put aside disconnection fees or early termination fees if we enter into a new agreement with you for a comparable service.
You are accountable to pay all unpaid and accrued charges due, even after expiration of the term or termination of the Services. Your rights of use of the Services ceases upon termination of this Agreement.
We will only supply work or fit materials according to an Order. We shall not be responsible for any damage to the premises at which the Services are to be installed ("the Premises") and we do not undertake to determine if the Premises are suitable for installation of the Services. In order to complete the installation of the Services in accordance with the Order, access to the Premises at all reasonable times must be given to us and our workmen by you.
For the purpose of carrying out the installation the free use of any services supplied to the Premises must be allowed by you.
If we are to deliver fixed line to a premises, the Premises must be cleared and made ready for the installation of the Services on the due date. Our proper charges for this work will be incurred if the Premises is not cleared and made ready for the installation. We are not obliged to carry out any structural alteration or building work. We are not responsible for and will not undertake any wiring, electrical, plumbing or heating work except to the extent that any such work is necessary for the proper installation of the Services.
We will not undertake any decorating work unless and except to the extent expressly agreed otherwise. We will not be responsible for any damage caused to plastering, tiling or decorations.
You are responsible for the safety of all materials left on site and part completed installation. Any theft, accidental, malicious or negligent damage shall be your responsibility and you will ensure the provision of adequate insurance to cover any loss thereby caused.
We shall perform our obligations under this Agreement at all times by exercising the reasonable skill and care of a competent provider of communications equipment, technology and services.
We shall ensure the Services conform to any service description or service levels we provide in respect of such Services by using reasonable endeavours.
All warranties, representations or agreements with respect to the Services, whether written or oral and whether express or implied either by law or by custom and practice are excluded to the extent permissible at law, except as expressly set out in this Agreement.
Our Services must only be used for lawful purposes. By using our services, you agree that you will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (i) interferes with our ability to provide service to you or our other customers; or (ii) avoids your obligation to pay for communication services.
By using our Services, you agree not to use the Services for transmitting or receiving any communication or material of any kind when in our sole judgment the transmission, receipt or possession of such communication or material (1) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable law or offend public sensibility; or (2) encourage conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable law or offend public sensibility.
Violation of any of the restrictions in this clause would enforce us to forward the objectionable material and any personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
You are responsible for any and all such use of the Services by you or any person making use of the Services and you agree to indemnify us against any and all liability for any use of the Services.
If we in our sole discretion believe that you or someone else making use of the Services has violated any of the restrictions set out in this clause, we are authorised to terminate the Services immediately and without advance notice. We may also in such circumstances immediately suspend or restrict the Services without advance notice.
With as much notice as reasonably practicable in the circumstances, we may from time to time suspend the Services for the purposes of upgrading, modifying or maintenance of the Services or due to overriding emergency procedures or due to legal requirements or if we reasonably believe that you are acting in default of or intend to act in default of your obligations under this Agreement.
We reserve the right to immediately be notified by you if the Services (or any equipment forming part of the Services) are stolen or if you become aware at any time that the Services are being stolen or fraudulently used. Failure to do so in a timely manner will result in the termination of your Services and additional charges to you. Until such time as we receive notice of the theft or fraudulent use, you will be liable for all use of the Services stolen from you and any and all stolen Services or fraudulent use of the Services. We enforce by default configuration a set of security policies and recommendations and it is your responsibility to ensure these are complied with. We may, where we suspect theft of the Services or fraudulent use of the Services, immediately suspend or restrict the Services without advance notice.
You agree that title to any equipment included in the Services shall remain with us until all charges due to us from you have been paid in full. This is unless the equipment is the subject of a rental agreement with us, to which the provisions of our rental agreement will additionally apply (as such terms are available from us in writing or as set out at www.Breeze-mobile.com), then notwithstanding delivery or installation of the Services, Until such time as title to any equipment comprised in the Services passes to you, you shall permit us (or our agents) at any time to enter onto your premises to recover any such equipment and agree to indemnify us in respect of all loss damage or claims arising in respect of such equipment.
In this clause the term "Intellectual Property Rights" means all copyright, trademarks, design rights, patents, domain names and other intellectual property rights arising in respect of the Services, and in whatever media, whether or not registered or capable of registration or applications or extensions of such rights anywhere in the world"
The Services including any equipment, any firmware or software provided to you in conjunction with the Services and all information, documents and materials provided by us are protected Intellectual Property Rights. All Intellectual Property Rights of BreezeMobile (or our third party suppliers) are and shall remain the exclusive property of BreezeMobile (or our third party suppliers) and save as permitted in this Agreement you shall have no right or license to use or sub licence any such Intellectual Property Rights.
You agree that you are not given any license to use the Intellectual Property Rights of BreezeMobile (or our third party suppliers ) other than a non-transferable, revocable license to use such Intellectual Property Rights (without making any modification thereto) strictly in accordance with this Agreement and solely for the purposes of this Agreement.
You agree to indemnify BreezeMobile (or our third party suppliers) against any and all liability arising out of your unauthorised use of the Intellectual Property Rights.
Any telephone numbers provided by us to you for the purpose of using the Services ("Numbers") shall be leased and not sold. You shall not obtain any rights, title or interest in the Numbers. You are not to use the Numbers with any other equipment, other than equipment comprised in the Services without our prior express written permission.
If you terminate the Services before completing the Initial Term, you will be charged disconnection fees or early termination fees. Termination may take up to thirty days to become effective. You will be charged for any remaining periodic or usage charges after contacting us to terminate the Services.
We reserve the right to discontinue Services without incurring any liability, immediately and without notice if we determine that such action is necessary to prevent or to protect against fraud or to otherwise protect our personnel, agents, facilities, or services to other customers. Without limitation, we may take such actions if: