Terms and Conditions

1. SERVICE

In this agreement “Service” means the service or services indicated. LCC Communications (LCC) agrees to provide the Service to the Customer and the Customer agrees to use the Service on the terms of this Agreement.

2. TERM & TERMINATION

2.1 In all circumstances other than the Broadband Services option (see Terms and Conditions for Broadband Services below), this Agreement will commence on the Contract Effective Date as defined in the Terms and Conditions for Broadband Services and shall continue for a minimum period of 30 days unless noted otherwise on the Agreement. The Agreement will automatically renew for further 30 day periods, subject to the provisions in Clause
2.2 You may terminate this Agreement after the initial term period by giving us a minimum 30 days written notice. You should write to us at: LCC Communications Ltd, LCC House, 5 Omega Business Village, Thurston Road, Northallerton DL6 2NJ.
2.3 You agree to pay LCC any monies owing. LCC will return any deposit held.
2.4 Without prejudice to its rights under this Agreement, LCC may terminate or suspend this Agreement immediately if there is a breach by you of this Agreement, including:
a) misuse of the Service;
b) using the Service in a manner that adversely affects the provision of the Service to others;
c) non payment of any sums owed to LCC;
d) if you become bankrupt or have a receiver, administrative receiver, administrator or liquidator (or similar officer) appointed over you or any of your assets;
e) it becomes unlawful for LCC to provide the Service; and
f) any other licenced operator supporting the LCC Service ceases to do so for whatever reason or changes the terms of it’s provision of telecommunications services beyond the reasonable control of LCC.
2.5 Upon termination or suspension you agree to cease using the Service immediately and your right to use the Service ceases immediately.
2.6 For Calls Only Option, this Agreement shall come into full force on the Contract Effective Date and shall continue unless terminated by either party giving to the other not less than one months prior written notice.

3. EQUIPMENT

In the event that LCC agrees to loan or let on hire any equipment as described and the Customer agrees to the loan or rent of such equipment from LCC for the term specified, the following terms and conditions shall apply:
3.1 LCC shall deliver or arrange to deliver the equipment to the Customer. Any delivery date specified shall be treated as an estimate only and whilst LCC will take all reasonable steps to deliver within the period quoted, such date shall be treated as an estimate only and shall not be a term of this Agreement. LCC accepts no liability for failure to meet the delivery date.
3.2 The equipment shall at all times remain the property of LCC and at all times when the ownership of the equipment is in question, the customer shall advise any third party that the equipment is the property of LCC
3.3 The Customer shall be responsible for the equipment whilst it is in the Customer’s custody and shall indemnify LCC against any loss or damage to the equipment save that the Customer shall not be responsible for any loss or damage attributable to the wilful act, fault or omission of LCC. It shall be the responsibility of the Customer to notify LCC immediately of any loss or damage to the equipment.
3.4 Upon notification of a fault, LCC shall use its reasonable endeavours, during LCC’s normal working hours, to attend to such fault PROVIDED THAT the fault has arisen from normal use of the equipment.
3.5 LCC has no responsibility for faults resulting from:
3.5.1 the Customer’s negligence or default; or
3.5.2 any act or omission associated with any other telecommunications system not run by LCC; or
3.5.3 any other cause beyond the control of LCC.
3.6 LCC shall have the right to charge the Customer in the event that the need for maintenance results from any of the events in Condition 3.5.
3.7 The Customer agrees not to carry out or procure the carrying out of any alterations, modifications, replacement, extensions, attachments, additions or otherwise after the equipment except with the prior written consent of LCC, which consent will not be unreasonably withheld.
3.8 LCC reserves the right to charge the Customer for all costs incurred as a result of carrying out maintenance or repair work, which in LCC’s reasonable opinion is considered unnecessary.

4. PAYMENT

4.1 Pricing the Service shall be as stated in LCC’s information as current from time to time. All prices unless otherwise specified are exclusive of Value Added Tax and all process are subject to change.
4.2 All sums due to LCC under this Agreement shall be paid in full by the Customer without any set-off whatsoever.
4.3 The Customer, unless otherwise specified, shall be invoiced monthly by LCC for all charges under this Agreement plus Value Added Tax. Payment is due within thirty days of the invoice date. The time of the payment of all sums due to LCC under this Agreement shall be of the essence of this Agreement. If payment in full is not received by LCC upon the due date, LCC shall be entitled to levy a late payment charge at the rate of 1.5% per month on any unpaid overdue balance.
4.4 All charges payable under this Agreement shall be calculated by reference to data recorded or logged by LCC and not reference to data recorded or logged by the Customer.
4.5 LCC shall be entitled to levy a monthly rental fee for equipment.
4.6 LCC shall be entitled to levy an installation fee for equipment.
4.7 LCC at it's sole discretion, shall be entitled to charge an administration fee which will be a minimum of £5.00 per report, when requested to provide duplicate billing reports.

5. USE OF THE SERVICE

The Customer undertakes to use the Service in accordance with such conditions as may by notified in writing to the Customer by LCC from time to time.

6. PROVISION OF INFORMATION

The Customer undertakes promptly to provide LCC, free of charge, with all information and cooperation that LCC may reasonably require to enable it to proceed without interruption with the performance of its obligations under this Agreement.

7. LIABILITY

7.1 Nothing in the Agreement shall exclude or restrict LCC’s liability for death or personal injury resulting from the negligence of LCC or its employees while acting in the course of their employment.
7.2 Subject to Condition 7.3, LCC shall be liable for damage to the property of the Customer caused by any negligent act or omission of LCC or its employees provided that such liability of LCC in contract, tort or otherwise, including any liability for negligence, howsoever arising out of or in connection with the performance of LCC’s obligations under this Agreement shall be limited to £20,000 for any one incident or £50,000 for any series of incidents arising from a common cause in any twelve month period.
7.3 LCC shall not be liable to the Customer in contract tort or otherwise, including any liability for negligence, for any loss of revenue, business, anticipated savings or profit or any indirect or consequential loss howsoever arising.
7.4 In the event of any failure of the Service, LCC shall not be liable to the Customer for any charges incurred by the Customer to divert its traffic to another carrier or number.
7.5 The provisions of this Condition 7 shall continue to apply notwithstanding the termination of this Agreement.
7.6 LCC shall not be liable in any circumstances for making good Customer premises in the event of removal of equipment.

8. AVAILABILITY

LCC will use all its reasonable endeavours to ensure that the Services are available for use by the Customer in accordance with the Service standards for the time being set out in LCC’s service literature. LCC may from time to time introduce compensation schemes should LCC fail to achieve the standards of the Service set out in its service literature.

9. SUSPENSION OF SERVICE

LCC may at its sole discretion elect to suspend forthwith the provision of the Service until further notice without liability to the Customer on notifying the Customer either orally, (confirming the same in writing) or in writing in the event that:
9.1 the Customer is in breach of any term of this Agreement; or
9.2 the Customer prevents or delays prearranged maintenance from being carried out; or
9.3 The Customer is suspected, in LCC’s reasonable opinion, of involvement with fraud or attempted fraud in connection with the use of the Service

10. GENERAL

10.1 This Agreement may not be assigned in whole, or in part, by the Customer without the prior written consent of LCC, such consent not to be unreasonably withheld
10.2 Neither party shall be liable to the other for any loss or damage, which may be suffered by the other party due to any cause beyond the first party’s reasonable control
10.3 Customers using the LCC Broadband Service are subject to the LCC Broadband terms and conditions publishes on the LCC web site at www.lcccommunications.com otherwise this Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior understanding and representations, whether written or oral and this Agreement may only be modified if such modification is in writing and signed by LCC and the Customer
10.4 Failure LCC to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right not operate so as to bar the exercise or enforcement thereof, or of any other right on any later occasion
10.5 Any notice, invoice or other document which may be given by LCC under this Agreement shall be deemed to have been given if left at or sent by post or facsimile transmission (confirming the same by post) to an address notified by the other party in writing as an address to which notices, invoices or other documents may be sent
10.6 LCC’s address for service of any notice hereunder shall be such address as appears on the last invoice rendered to the Customer or such other address as may be prescribed by LCC for that purpose
10.7 This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts

For our full Terms and Conditions for Broadband Services please click here.