terms and conditions2018-08-21T11:11:32+00:00

Main Terms and Conditions

See also:

February 1st 2018 Notification change of terms and conditions:

In order to ensure we continue to deliver a high quality service, effective from 1st March 2018, we are increasing the price on the following products.

  • Multi User VoIP – Service Charge Element only
  • Single User VoIP – Service Charge Element only
  • Personal Numbers
  • Business cloud telephony 

Important Information

  • Prices will increase by 25%
  • For most single user VoIP customers, an increase from £4 to £5 per month.
  • For most Multi user VoIP customers, an increase from £8 per licence to £10 per month or approximately 6p/day
  • For Personal Numbers, an average increase of 25p per month.
  • Business Cloud Telephony, will increase by £2 per month

In monetary terms we believe these are modest increases and compared to our key competitors, we know we continue to offer great value for money.

No other prices are impacted – for example, tariff, SIP and bundle pricing for voice.

Should you want to discuss these changes please contact your account manager or sales on 01225 800 800

1. Definitions and interpretations

1.1. The following definitions and rules of interpretation apply in these Terms:

“Additional Termination Charge” has the meaning given to it in clause 15.2;

“Annex” or “Annexes” has the meaning given to it in clause 2.1;

“Call Tariffs” mean the rates we charge you on a pence per minute basis for calls you make using our telephony Services;

“Charges” mean the money you agree to pay us under these Terms in exchange for the Goods and/or Services;

“Contract” means the relevant contract(s) between us and you for the Goods and/or Services purchased under these Terms;

“Control Panel” means the secure section of the Website where you can log-in and, amongst other things, access your Gradwell account and add, amend, and manage the relevant Services which you have purchased from Gradwell;

“Data” means information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form that you generate, store, transmit or use in connection with the Services;

“Early Termination Charge” means a charge we may impose on you in accordance with clause 15.2;

“Goods” means the hardware you purchase from us as detailed in the Order Confirmation;

“Gradwell” / ”we” / ”our” / ”us”: means Gradwell Communications Limited, company number 03673235, more fully described in clause 3;

“Internet” means the global data network comprising interconnected networks in connection with which the Services are supplied;

“Law” means:

(a) any law, statute, regulation, instruction, guideline, determination, designation or code of conduct having force of law of any governmental, supranational or other regulatory authority or agency of competent jurisdiction; or

(b) any term in any regulatory or governmental license, authorisation, consent, permission, approval or guidance;
“Main Body Terms” mean the Terms excluding the Annexes;

“Malware” means ‘logic bombs’, ‘worms’, ‘viruses’, ‘trojans’, ‘spyware’, ‘adware’ or any software or computer code having the same or similar effect (those expressions having the meanings as they are generally understood within the computing industry);

“Master Contact Details” has the meaning given to it in clause 4.6;

“Minimum Contract Period” has the meaning given to it in clause 15.2;

“Order Form” means the form issued by Gradwell which you can use to place an order for Services;

“Order Confirmation” has the meaning given to it in clause 4.3;

“Party” means, as required by the context, either you or us, and “Parties” means both you and us;

“Personal Data” has the meaning given to it in the Data Protection Act 1998;

“Privacy Policy” has the meaning given to it in clause 17.3;

“Purchase Date” has the meaning given to it in clause 13.1;

“Registry” means either Nominet UK Limited, Tucows Inc, or any other domain name registry that we choose to use from time to time;

“Services” means the communications and IT services that you purchase from us as detailed in the Order Confirmation, which include, but are not limited to, voice services, broadband services, cloud services, domain names and hosting, website building and hosting, and email services;

“Support Team” means the support engineers employed or instructed by Gradwell to provide technical support in relation to our Goods and Services;

“Terms” means the terms and conditions set out here including all relevant Annexes;

“Traffic Management Policy” means the measures we may exercise as part of managing the internet connectivity Services we supply to you, as set out at https://www.gradwell.com/traffic-management-policy/ which may be amended from time to time;

“You” means you, the customer, who purchases Goods/Services from Gradwell under these Terms (and “your” should be interpreted accordingly);

“Website” means our web presence at www.gradwell.com (including any associated website, web-page, or sub-page of that website); and
“Working Day” means any day which is not a Saturday, a Sunday or a bank or public holiday in England.

1.2. All headings are for convenience, have no legal effect and should be ignored when interpreting these Terms.

1.3. The singular includes the plural and vice versa; references to any gender include every gender; and references to persons include corporations, partnerships and other unincorporated associations or bodies of persons.

1.4. Any reference to a “clause” is to a clause of the Main Body Terms, and any reference to a “paragraph” is to the paragraph of the relevant Annex, unless the context requires otherwise.

1.5. A reference to any provision of any enactment will be construed as a reference to that provision or enactment as amended, re-enacted or extended at the relevant time.

1.6. The definitions contained in the Interpretation Act 1978 apply (unless a specific definition has been included or the context requires otherwise) in interpreting words and phrases used in these Terms.

1.7. When we use the words “writing” or “written” in these Terms, this will include email unless we say otherwise.

1.8. References to these Terms or any other document are to these Terms or that document as amended from time to time.[/vc_column_text][/vc_tta_section][vc_tta_section title=”2. Our contract with you”][vc_column_text]2.1. These are the terms and conditions on which we will supply Goods and Services to you, and include a number of Service-specific annexes (“Annexes”) which apply where you buy any relevant Service from us.

2.2. The Goods and Services sold under these Terms are intended for business purposes and are not designed for personal or domestic use. The Goods and Services may be used within your business for the purposes for which communications services and associated hardware are typically used. You may grant access to your employees, workers, consultants, volunteers for these purposes, but you should note that you are liable for all use of the Services associated with your account under clauses 7.4. You are not permitted to resell any of the Goods or Services sold under these Terms.

2.3. You should print a copy of these Terms or make an electronic copy of them for future reference.

2.4. These Terms may change from time to time in accordance with clause 14.[/vc_column_text][/vc_tta_section][vc_tta_section title=”3. Information about us and how to contact us”][vc_column_text]3.1. We are a company registered in England and Wales. Our company registration number is 03673235 and our registered office is at Westpoint, James Street West, Bath, BA1 2DA.

3.2. You can contact us by email on support@gradwell.com, telephone +44 (0)1225 800 888, fax +44 (0)1225 800 801.

3.3. If you have any questions or complaints, please contact us. You can contact us by telephoning our customer service team on 01225 800 888 or by emailing us at support@gradwell.com. You should also read the customer complaints section of these terms under clause 9.

3.4. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to terminate the Contract), you can send this to us by email, by hand, or by pre-paid post in accordance with clause 18. If we have to contact you or give you notice in writing, we will do so in accordance with clause 18.[/vc_column_text][/vc_tta_section][vc_tta_section title=”4. Order process and your right to cancel”][vc_column_text]4.1. By placing an order via the Website or by returning an Order Form, you are making an offer to purchase the relevant Goods or Services in accordance with these Terms. For the avoidance of doubt, whenever you speak with one of our sales representatives over the phone and you indicate you wish to place an order for Goods or Services, you will be asked to complete and submit an Order Form which will be handled in accordance with this Terms.

4.2. The prices for our Goods and Services will be those which are set out on the Website at the date on which the Contract is formed (as described in clause 4.3), and will be confirmed on the Order Confirmation. Prices on the Website and other promotional material are updated periodically and cannot be guaranteed for any period of time. Our Website contains a large number of Goods and Services. It is always possible that, despite our reasonable efforts, some of the Goods or Services on our Website may be incorrectly priced. If we discover an error in the price of the Goods or Services you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods or Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

4.3. When we receive your order, we will conduct a number of checks including, without limitation, checks on our geographical coverage, your credit rating and the capabilities of your telephone line. If, following our checks, we are satisfied that we can provide the Goods and Services you ordered, we will send you an email with details of your order (“Order Confirmation”). The Order Confirmation will confirm that we accept your offer and the Contract will be formed at this point. If you have not received an Order Confirmation within 5 Working Days of placing your order, please contact our Support Team by calling 01225 800 888. A separate Contract will be formed for each item of Goods and for each individual Service you order. We will notify you by email when we expect the Services to be activated. The, activation of Services on a specific date is not guaranteed and we will have no liability in respect of any failure to commence the supply of Services by a given date.

4.4. If you become aware of an error in your order, you should contact us immediately and make us aware of the issue. Unless you have a relevant right to do so under Law, once the Contract has been formed in accordance with clause 4.3, you will not be entitled to cancel your order. To request cancellation of your order before the Contract has been formed, you should call us on 01225 800 808.

4.5. Except where a relevant Annex provides that another minimum period applies, the Contract for each Service will last for a minimum period of 12 months (as more fully described in clause 15.2).

4.6. When ordering Services, you must provide us with a valid email address and telephone number which you must maintain and monitor regularly for messages (“Master Contact Details”). We will keep your Master Contact Details on file and we will use these to communicate with you on all matters in connection with these Terms. You can update your Master Contact Details via the Control Panel at any time.[/vc_column_text][/vc_tta_section][vc_tta_section title=”5. Delivery of Goods”][vc_column_text]5.1. When you order Goods from us, you must provide us with a valid address to which our courier can deliver the Goods. Orders for Goods up to 30KG in weight which are to be delivered within the UK mainland are subject to our standard delivery charge (currently £9.00 excluding VAT, but which may vary from time to time) or as otherwise expressly agreed in advance.

5.2. We will contact you by email with an estimated delivery date. Dates for delivery are estimated only and cannot be guaranteed.

5.3. If no one is available at your address to take delivery, our courier will leave you a note that the Goods have been returned to our courier’s depot. If this happens, you must contact us to rearrange delivery. Please note that you will be required to pay all charges associated with re-delivery.

5.4. Risk in the Goods will pass to you on delivery, but we will continue to own the Goods until full payment in respect of the Goods has been received in accordance with clause 13.

5.5. On receiving the Goods, you must inspect them immediately and notify us within three Working Days of any damage or any other problem with the Goods received. If we send you incorrect Goods, the Goods you receive are damaged or are otherwise faulty, or are being returned in connection with the warranty under clause 5.10, the relevant Goods may be returned to us in accordance with clauses 5.6 to 5.8 inclusive. Please note that Goods may not be returned for any other reason (save as otherwise provided under Law).

Returns

5.6. If you have a valid right to reject and return the Goods either under Law or these Terms, you must contact our Support Team via email or telephone to arrange for the Goods to be returned. Goods can only be returned with a valid returns reference number issued by our Support Team.

5.7. Once the Goods have been returned to us, we will (at our discretion) either arrange for replacement Goods to be sent to you, or for the original Goods to be repaired.

5.8. All Goods to be returned must have been kept in suitable conditions to keep them free from damage and have been treated with reasonable care. If on inspection of the returned Goods, we determine (acting reasonably) that you have not stored the Goods in suitable conditions, you agree to pay us an appropriate amount (determined at our discretion, acting reasonably) for the damage caused.

Guarantees in respect of Goods

5.9. Some of the Goods we sell come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods or on the manufacturer’s website.

5.10. Save where otherwise stated, for Goods which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Goods will be free from material defects. However, this warranty does not apply in the circumstances described in clause 5.11.

5.11. The warranty in clause 5.10 does not apply to any defect in the Goods arising from:

5.11.1. fair wear and tear;

5.11.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

5.11.3. if you fail to operate or use the Goods in accordance with the user instructions; or

5.11.4. any alteration or repair by you or by a third party who is not one of our authorised repairers.

5.12. Our sole liability under clauses 5.10 and 5.11 is limited to the replacement or repair of the relevant item.[/vc_column_text][/vc_tta_section][vc_tta_section title=”6. Services”][vc_column_text]6.1. We will supply the Services with reasonable skill and care and take steps to ensure the Services are reasonably fault free and reasonably uninterrupted.

6.2. However, it is not a condition of the Contract, nor do we warrant or guarantee that the Services will be uninterrupted, secure or error-free.

6.3. Where an Annex expressly states that a service level agreement (SLA) applies in respect of the Services, it will not constitute a breach of the Contract if the Services fail to meet the specified levels and the only remedy available to you for that breach will be the payment of service credits specified in the relevant SLA.

6.4. You acknowledge and agree that:

6.4.1. The Services were not designed with your individual requirements in mind and it is your responsibility to determine whether the Services will meet your needs; and

6.5. We rely on third parties to deliver telephone calls and other communications associated with the Services to and from our network. The performance of such third parties and their equipment is a matter beyond our reasonable control (as more fully described in clause 11.4).We may have to suspend the Services for emergency repairs, maintenance or improvement without prior notice. If we do so, we will restore them as quickly as reasonably practicable.[/vc_column_text][/vc_tta_section][vc_tta_section title=”7. Your obligations”][vc_column_text]General obligations

7.1. You must comply with our reasonable instructions and requests concerning the Services.

7.2. You must provide us with up to date contact details of at least one named representative (including email addresses) with whom we are authorised to deal and promptly notify us of any changes in these details. We rely on this information for various reasons including the transmission of Service renewal notices and other important information concerning the Services (save that renewal notices for domain names will be sent in accordance with the contact information you have registered with the relevant Registry and not that registered with Gradwell). You must update us promptly if your address changes.

7.3. You acknowledge and agree that we may exercise our Traffic Management Policy, and you agree to bring it to the attention of those persons you permit to use the relevant Services.

7.4. You are responsible for all activity and Charges associated with your Gradwell account. This will include activity that is malicious or fraudulent (as well as associated Charges from that activity) which we reasonably believe is attributable to your negligence, or your failure to act in accordance with these Terms or with any relevant security advice or instructions we have given or made available to you.

Security obligations

7.5. You must:

7.5.1. keep your username, password and other security information secure (and we may change these, or request that you change these, at any time when we consider it necessary for security purposes);

7.5.2. if requested use your username and password when giving instructions (and we are authorised to comply with instructions containing your username and password);

7.5.3. take reasonable steps in respect of matters in your control (in line with our instructions and advice) to minimise any risk of security breaches in connection with the Services;

7.5.4. notify us as soon as reasonably practicable, of any unauthorised access to your account or security details of which you become aware; and

7.5.5. comply with our security checks and authorise us to run automated scanning checks from time to time to help identify possible security vulnerabilities in the hardware and/or software configurations you use in connection with the Services. The information visible to us when running these checks is limited to what would be available to any other user on the public Internet and these checks are carried out purely with a view to improving your security. Any Data visible to us when we carry out these checks will be used solely for determining levels of security and will be handled in accordance with clause 17. More information can be found at http://www.gradwell.com/scanner.

7.5.6. For the avoidance of doubt, in accordance with clause 7.4, you will be responsible for any Charges associated with your Gradwell account which we reasonably believe are attributable to your failure to act in accordance with any relevant security advice or instructions we have given or made available to you.
8. Restrictions

8.1. You must not use the Services in a way which contravenes the provisions of any relevant Annex.

8.2. You must not use the Services (or permit them to be used) for any illegal or unlawful purpose under any relevant Law. This may include, without limitation:

8.2.1. sending menacing, offensive, defamatory, obscene, indecent or abusive communications using the Services; and

8.2.2. using the Services to create or send Malware.

8.3. Without affecting clause 8.2, you are solely responsible for ensuring that your use of the Services does not contravene any relevant Law relating to the sending of unsolicited communications.

8.4. You warrant that your use of the Services will not infringe any third party intellectual property or other rights.

8.5. If your use of the Services contravenes the provisions of any relevant Annex, usage cap or is otherwise having what we consider (acting reasonably) a material adverse effect on the Services, we may (in addition to any other rights we have under these Terms) do any of the following:

8.5.1. suspend the relevant Services immediately; and/or

8.5.2. arrange with you to change the Services and/or the associated usage caps you receive which may result in you paying higher Charges.

8.6. You agree to comply with the terms of any relevant software licence or similar agreement that we bring to your attention which relates to any software we provide to you as part of or in connection with the Services.
9. Complaints and dispute resolution

9.1. We are committed to providing excellent service and we try to deal with any complaint fairly and within a reasonable period of time. However, if you are unhappy with any aspect of the service we provide to you, please contact us so we can investigate and do our utmost to resolve the issue. We operate a complaints procedure to help ensure that any complaints are dealt with efficiently and to your satisfaction. Our complaints and dispute resolution procedure is published as part of our Code of Practice available on our Website and should you wish to receive a hard copy this, you should email your request to concerns@gradwell.com.

9.2. If you are unhappy with the way we have sold, provisioned or delivered the service to you, you should:

9.2.1. In the first instance, telephone us on 01225 800 888 or write via email to support@gradwell.com. We aim to respond to emails within 24 hours. Please ensure you retain the reference number the Support Team provide you with. Our Support Team will do their utmost to successfully resolve any problems at the point of first contact, but where this is not possible, we will agree a course of action with you.

9.2.2. If you remain unhappy with the way in which your complaint has been handled in the first instance, you may contact the Customer Support Manager via concerns@gradwell.com mentioning your case reference number. They will respond and aim to resolve your complaint within 48 hours.

9.2.3. If the Customer Support Manager is unable to resolve the issue to your satisfaction, you may escalate your concern to the Chief Executive by emailing concerns@gradwell.com. We will aim to respond to you within 48 hours.

9.2.4. Please note that in all cases, we ask that you mention your incident reference number in all correspondence, and that you work with our management team to resolve your concern. In the unlikely event that your complaint has not been resolved by Gradwell to your satisfaction within a period of eight weeks, or if during the process of investigating your complaint you believe the situation has reached a deadlock, you may refer your complaint to Ombudsman for independent consideration. The Ombudsman will make an independent decision based entirely on the merits of the complaint.

More information on Ombudsman is available on their website www.ombudsman-services.org or you can write to them at the following address:
OmbudsmanServices:

Communications

PO Box 730

Warrington

WA4 6WU

You can also call them Monday to Friday between 9am- 5pm, or you can email the, fax them, textphone or write to them.

Contact details: Phone: 0330 440 1614

Email: osenquiries@os-communications.org

Fax: 0330 440 1615 0330 440 1600

9.2.5. Nothing in this clause 9 will prevent us from exercising our any of our rights under clause 13 if you fail to pay the Charges in accordance with these Terms.[/vc_column_text][/vc_tta_section][vc_tta_section title=”10. Matters beyond reasonable control”][vc_column_text]10.1. If either Party is prevented, hindered or delayed from performing any obligation under these Terms because of something beyond its reasonable control including: act of God, natural disaster, lightning, flood, subsidence, earthquake, weather conditions, epidemic, pandemic, fire, explosion, war, civil disorder, acts of terrorism, something beyond the reasonable control of its suppliers, industrial disputes, acts or omissions of local or central government or other competent authorities, or acts or omissions of parties for whom the relevant Party is not responsible, change of law or any other cause whether similar or dissimilar that is outside its reasonable control, then it will have no liability to the other Party for any resulting failure, delay, defect or omission in performing its obligations under these Terms.

10.2. We will not be liable for any failure or delay in supplying the Services to you if:

10.2.1. another supplier on whom we are reliant to supply the Services delays or refuses the supply of an electronic communications service to us and no alternative service is reasonably available at reasonable cost; or

10.2.2. legal or regulatory restrictions are imposed that prevent us from supplying the Services.

10.3. If any of the events detailed in clauses 10.1 or 10.2 materially affects the performance of the Contract and continues for more than three months, then either Party may terminate the Contract immediately in (in respect of some or all of the Services) by providing written notice to the other.
11. Limitation of liability

11.1. Nothing in these Terms in any way excludes or restricts our liability for negligence causing death or personal injury, for fraudulent misrepresentation or for anything which may not be validly restricted under English Law. Your statutory rights are unaffected.

11.2. For any one event or a series of events, our maximum liability in contract, tort (including negligence) or otherwise under or in connection with these Terms, is limited as follows:

11.2.1. in the case of Goods, to the Charges for the relevant Goods (excluding VAT), or, where applicable, to the replacement or repair of the relevant Goods under clause 5.7; and,

11.2.2. in the case of Services, to 125% of the Charges for the relevant Services (excluding VAT) during the duration of the event(s) complained of.

11.3. In no event (including our own negligence), and even if we have been advised of the possibility of such losses, will we be liable for any:

11.3.1. loss of profit, contract, business or anticipated savings;

11.3.2. loss of goodwill or reputation;

11.3.3. special, indirect or consequential loss;

11.3.4. damage to or loss of Data or other information; or

11.3.5. interrupted communications.

11.4. We will have no liability for goods and/or services provided by third parties or for any type of loss or damage which is the result of any act or omission of any third party (including, without limitation, engineers from BT Openreach or any similar entity).

11.5. We will not be liable for any delay or failure in the performance of our obligations under these Terms where such delay or failure is attributable to matters beyond our reasonable control as set out under clause 10.

11.6. To the fullest extent permitted by Law, we exclude all terms implied by Law that are not expressly set out in these Terms including, without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose. Your statutory rights are unaffected.
12. Indemnity

12.1. You agree to indemnify us against any claims or legal proceedings that are brought or threatened against us by a third party because you have used the Service in a way which is, or has been, in breach of clauses 7 or 8.13. Payment in advance

13.3. Where paying in advance, Charges for Goods and Services must be paid by direct debit, cheque, BACS, credit card or debit card.
Payment in arrears

13.4. Where paying in arrears, Charges for Goods and Services must be paid within 14 days of the date of our invoice by one of the following methods:

13.4.1. if paying monthly, by direct debit, credit card or debit card; or

13.4.2. if paying annually, by direct debit, cheque, BACS, credit card or debit card.

13.5. If you fail to pay the Charges in accordance with these Terms, the following procedure will apply:

13.5.1. We may suspend your Services at any time; and

13.5.2. We will send you email reminders for up to 45 days after the Purchase Date inviting you to make payment as soon as possible. If payment is not made within 45 days of the Purchase Date, your Gradwell account will be deleted and will be incapable of reactivation.

13.6. All Charges remain payable where we suspend the Services in accordance with clause 13.5. If your Services have been suspended, they will not be usable until payment is made and the Services have been reactivated.

13.7. Payment of the Charges must be made without deduction or set-off.

13.8. All Charges are non-refundable unless otherwise stated.

13.9. We reserve the right to charge you interest on any overdue Charges in accordance with the Late Payment of Commercial Debts Act 1998 or other applicable Law (determined at our discretion).

13.10. Where payment of the Charges is not made in accordance these terms, we may take all debt recovery measures available under Law that we consider appropriate.
14. Changes to the Terms, the Charges and the Services

Changes to the Terms

14.1. Every time you order Goods and Services from us, the Terms in force and published on our Website at the date of your order will apply to the Contract.

14.2. We may amend these Terms on giving you at least one month’s notice in writing. Please look at the top of this page to see when these Terms were last updated.

Changes to the Charges

14.3. We may amend the Charges (excluding the Call Tariffs) on giving you at least one month’s notice in writing. However, this notice requirement does not apply to our right to charge you for going over your usage cap in line with our Fair Usage Policy.

14.4. We may amend the Call Tariffs at any time by giving you at least 7 days’ notice in writing. If we both agree (acting reasonably) that any such change is to your material detriment, you may end the Contract under clause 15.3 without penalty even if you are within the Minimum Contract Period.

14.5. The Charges will also change if you change Services or if we charge you for going over your usage cap as set out in the relevant Annex.

14.6. We may also amend the Charges if required by Law or any competent regulatory authority. We will use our reasonable endeavours to provide you with notice in writing before any change to the Charges take effect under this clause 14.6.

Changes to the Services

14.7. We may from time to time change, replace or withdraw Services in accordance with these Terms.

14.8. Without affecting our right to suspend the Services under these Terms, we will give you at least one month’s notice in writing if we make any change to the Services which affects the Charges, or which is likely to be to your material detriment, or if we withdraw your chosen Service. We will give you written notice of any other change to your chosen Service.

14.9. If we reduce the level of service provided by your chosen Service, or withdraw it completely, and we both agree (acting reasonably) that the change is to your material detriment, you may end the Contract under clause 15.3 without penalty even if you are within the Minimum Contract Period.
15. Duration and termination of the Contract

15.1. As set out in clause 4.3, a separate Contract will be formed for each item of Goods and for each individual Service you order.

15.2. Except where a relevant Annex provides that another period applies, the Contract for each Service will last for a minimum period of 12 months (“Minimum Contract Period”) and the Contract will continue until terminated in accordance with clauses 15.3 or 15.4. Save where these Terms provide otherwise, you agree to pay the Charges associated with each Service for the Minimum Contract Period even if you decide to cease it before the end of this period (the payment of these Charges being an “Early Termination Charge”). You acknowledge and agree that we may charge the Early Termination Charge directly to any credit / debit card or bank account you have provided us with details of. When you cease some Services (whether before or after the Minimum Contract Period), we incur certain charges from our wholesale supplier which you will be liable to pay (“Additional Termination Charges”), in addition to any Early Termination Charge that is payable. Details of any Additional Termination Charges that are payable are set out in the relevant Annexes.

15.3. Subject to clause 15.2, either Party may terminate the Contract (in respect of some or all of the Services) for any reason by giving to the other one month’s written notice.

15.4. We may terminate the Contract (in respect of some or all of the Services) or suspend some or all of the Services immediately on written notice if:

15.4.1. you fail to pay the Charges in accordance with clause 13; or

15.4.2. you commit a material breach of the Contract, unless such breach is capable of remedy, in which case our right to terminate immediately will be exercisable only if you fail to remedy the breach within 14 days of us sending you a written notice to do so; or

15.4.3. you or anybody using your Gradwell account or the Services we supply to you act towards our staff or representatives in a way which we consider (acting reasonably) to be offensive, aggressive or inappropriate; or

15.4.4. if you are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or you enter into any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or

15.4.5. if we are required to do so by a regulatory authority; or

15.4.6. if you provide unauthorised payment details or other material details we request from time to time.

15.5. If we have reasonable grounds to suspect fraud or any other unauthorised activity associated with your account, we may suspend the affected Services immediately.

15.6. On termination of the Contract or suspension of Services for any reason:

15.6.1. we will immediately stop supplying, and will terminate access to, the relevant Services. This may involve irretrievable damage to or loss of Data or we may destroy any such Data;

15.6.2. all licenses granted by us to you will terminate;

15.6.3. any fees due remain payable and, if already paid, will be non-refundable; and

15.6.4. your accrued rights and liabilities will be unaffected.

15.7. Whenever, in accordance with these Terms, you request the cancellation of Services or you give us notice to terminate the Contract, you must communicate with us using the email address from your Master Contact Details or by letter featuring your business’ letterhead. Requests to cease Services made by a telephone call to the Support Team will not be valid.
16. Confidentiality

16.1. We both agree not to use Confidential Information belonging to the other Party for any purpose other than in connection with these Terms or to disclose any such Confidential Information to any unauthorised third party without prior permission. “Confidential Information” means information in whatever form which, at the time of provision, was expressly or by necessary implication identified as being of a confidential nature.

16.2. Clause 16.1 above will not apply to information which:

16.2.1. enters the public domain other than through breach of clause 16.1;

16.2.2. is or becomes independently known to the receiving Party free from any confidentiality restriction;

16.2.3. is required to be disclosed by applicable Law or competent authority;

16.2.4. is reasonably disclosed to employees, suppliers or others required for the proper performance of the Contract;

16.2.5. is reasonably disclosed to professional advisers; or

16.2.6. is otherwise permitted in accordance with these Terms or any associated document

17. Data, Personal Data and website cookies

17.1. We do not provide a back-up of your Data or guarantee the integrity of your Data. You should regularly backup the Data that you store using the Services. Following a regular backup plan can help you prevent loss of your Data. However, we will use our reasonable endeavours to provide copies of Data for disaster recovery purposes.

17.2. We may access, copy, preserve, disclose, remove, suspend or delete any Data:

17.2.1. if we are required to do so by applicable Law or competent authority; or

17.2.2. if reasonably required for the purposes of carrying out our obligations, or enforcing our rights, under the Contract; or

17.2.3. if it is otherwise permitted under these Terms; or

17.2.4. if such Data is prohibited under these Terms.

17.3. We will process your Personal Data only in compliance with our privacy policy which is available at http://www.gradwell.com/privacy (“Privacy Policy”).

17.4. You consent to such processing and confirm that you have shown our Privacy Policy to, and obtained similar consent from, any third party individuals whose Personal Data you have supplied to us and will continue to do so in the future.

17.5. We will retain your Data and Personal Data in accordance with the relevant sections of our Privacy Policy.

17.6. You acknowledge that our Cookie Policy will apply when you visit our Website using any relevant communications device

17.7 Personal Data

17.8 We will process your Personal Data only in compliance with our privacy policy, which is available at http://www.gradwell.com/privacy.

17.9 You consent to such processing and confirm that you have shown our privacy policy to, and obtained similar consent from, any third party individuals whose Personal Data you have supplied to us and will continue to do so in the future.

17.10. 1. Data Retention

This section makes reference to, and should be read alongside, our Privacy Policy.

All Personal Data is retained and otherwise handled in a manner fully compliant with principle 5 of the Data Protection Act 1998 and General Data Protection Regulation (“GDPR”) as applicable.

17.10.2 Personal Data which is retained by Gradwell

17.10.2.1 In relation to VoIP Services provided by Gradwell, We store voicemail, call recordings, call data records, invite logs, invoices and received faxes

17.10.3 Period of retention of Personal Data

17.10.3.1 Call records will be retained for 12 months – Voicemail, received faxes and call recordings will all be kept for a period of 30 days.

17.10.3.2 In the case of Office 365 email Services, mail logs will be kept for a period of 30 days.

18. Notices

18.1. Any notice or other communication required under or in connection with these Terms will be in writing and will be delivered by hand or sent by pre-paid first-class post or other next Working Day delivery service, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other Party’s main fax number or by email to the other Party’s nominated email address.

18.2. Any notice or communication will be deemed to have been received if delivered by hand, on signature of a delivery receipt, or, if sent by fax or email, at 9:00 am on the next Working Day after transmission, or otherwise at 9:00 am on the second Working Day after posting.

18.3. Neither Party will use email for the service of any proceedings or other documents in any legal action or, where applicable, any method of dispute resolution.

19. General

19.1. These Terms constitute the entire agreement of the parties which supersedes all prior agreements and representations (unless fraudulent) and you acknowledge that that no reliance is placed on any representation made but not embodied in these Terms, save for those made fraudulently. We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of Gradwell, or by any third party.

19.2. These Terms apply to the Contract to the exclusion of any other terms that you might seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

19.3. If any of these Terms are deemed unlawful, invalid or void for any reason, the offending words will be deemed deleted and all other Terms will continue in full force and effect.

19.4. The Contract is personal to you. You may not assign the Contract without our prior written consent. We may assign this Contract or subcontract any of the Services at our discretion (acting reasonably).

19.5. The Contracts (Rights of Third Parties) Act 1999 will not apply to the Contract.

19.6. The failure to exercise or delay in exercising a right or remedy under these Terms will not constitute a waiver of the right or remedy.

19.7. Nothing in these Terms will be construed as creating a partnership or joint venture of any kind between us.

19.8. In the event of any conflict between the Main Body Terms, the Annexes and any other document expressly referred to in the Terms, the following order of precedence will apply:

a) The relevant Annex;
b) The Main Body Terms;
c) Any document expressly referred to in the Terms.

19.9. Where you are domiciled within the United Kingdom, the Contract and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with the laws of your country of domicile, and will be subject to the exclusive jurisdiction of the courts of that country.

19.10. Where you are domiciled outside of the United Kingdom, the Contract and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with the laws of England and Wales, and will be subject to the exclusive jurisdiction of the courts of England and Wales.

20. AWS Call Recording

Call Recording Service

Section One: Terms and Conditions

1.     General

1.1. The terms and conditions set out in this Annex relate to our call recording service (“Call Recording Service”) and are in addition to the standard terms set out above.  Any conflict between the Main Body Terms, the Annexes and/or any other document expressly referred to in the Terms will be determined in accordance with clause 19.8.

1.2. The Call Recording Service means the service we provide to you so that you may record inbound and outbound phone calls made and received using your Gradwell VoIP service with the recordings being made to AWS (as defined below).

1.3. We may from time to time amend the Terms, Charges or Services in accordance with clause 14.   Whenever we make such changes, we will update the Website to reflect this and notify you in writing to your nominated email address that forms part of your Master Contact Details.

1.4. Full details of the features and functionality of the Call Recording Service can be found at the following URL: https://www.gradwell.com/calls/voip-add-ons/call-recording/

1.5. All definitions used in the main body of the standard terms apply to this Annex.

1.6. Any reference to a “clause” is to a clause of the Main Body Terms.  Any reference to a “paragraph” is to a paragraph of this Annex.

1.7. Other definitions that appear only in this Annex have the meanings set out below:

·  “AWS” means S3 Amazon Web Services, the online storage service operated by Amazon Inc. as specified at: https://aws.amazon.com/s3/;

·  “AWS Customer Agreement” means the contract terms specified by Amazon in connection with use of AWS which may change from time to time, the current version of which is set out at: https://aws.amazon.com/agreement/;

·  “Call Recording Service” has the meaning given to it in paragraph 1.1;

·   “Content” means all Data associated with calls recorded using the Call Recording Service;

·  “Gradwell Personal Data” means “personal data” processed in the course of our business and for which we are the “data controller” for the purposes of the Data Protection Act 1998.

2.     Use of the Services

2.  Use of the Services

2.1. To use the Call Recording Service, you must:

2.1.1. Purchase from us and keep active a VoIP Service;

2.1.2. Purchase AWS from Amazon, maintain an AWS account and comply with the AWS Customer Agreement; and

2.1.3.  Provide the details, permissions and access necessary to grant us write-access to your AWS account so that we can configure our VoIP system to record the content of calls.  You agree to provide us with all reasonable assistance (at no cost) that we may require in this regard.

2.2. Once activated, the Call Recording Service will operate on all inbound and outbound calls made using your Gradwell VoIP service, unless and until you request us to stop the Call Recording Service by contacting the Support Team or you deactivate it using the Control Panel.  Any request to stop (or deactivation of) the Call Recording Service will not affect your liability in respect of the Minimum Contract Period.

2.3. You acknowledge and agree that at all times:

2.3.1. You will comply with all relevant Law.  The recording of calls using the Call Recording Service engages a number of legislative instruments and areas of law.  This may include, without limitation, the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, and the common law concerning confidence and privacy.  Without affecting the provisions of clause 8 of the Main Body Terms, you are solely responsible for complying with all relevant Law and you acknowledge and agree that failing to do so may result in legal liability to you.  You are strongly advised to seek independent legal advice concerning your recording of calls using the Call Recording Service;

2.3.2. You will remain solely responsible for:

2.3.2.1. your AWS account, any Content stored on it (and the location of that Content in accordance with the AWS Customer Agreement) and the account’s security;

2.3.2.2. on a call-by-call basis, notifying the other party on the call that it is being recorded and (where appropriate) seeking consent in accordance with relevant Law; and

2.3.2.3. the Content generated by means of the Call Recording Service which is stored on AWS.  We will have no liability to you for any loss or corruption of Content stored on your AWS account.

2.4. We will only access your AWS account for the purposes of providing the Call Recording Service.

2.5. It is your responsibility at all times to ensure that the AWS Customer Agreement allows for us to provide the Call Recording Services using AWS.  If you become aware of the AWS Customer Agreement changing in a way that might reasonably impact our delivery of the Call Recording Service, you must notify us immediately.

2.6. If the AWS Customer Agreement changes such that we can no longer provide the Call Recording Service using AWS, the Contract for the Service will come to end and any loss will lie where it falls.

3. Data Protection Act compliance

3.1. You acknowledge and agree that, for the purposes of the Data Protection Act 1998:

3.1.1. The recorded calls constitute “personal data” and may, depending on the content of the call, constitute “sensitive personal data”;

3.1.2. You are the “data controller” and, in respect of enabling the recording of calls using the Call Recording Service, we are the “data processor”;

3.1.3. You are solely responsible for determining appropriate data retention periods for the Content stored on AWS, and acting accordingly to effect deletion, for the purposes of relevant Law.

3.1.4. As data controller for the Content, you permit us to carry out data processing by means of operating the Call Recording Service in accordance with the Terms.  Once the Content has been written to your AWS account (which we will carry out using reasonable skill and care in accordance with clause 6.1 of the Main Body Terms), our duties as data processor will cease.  This is the only processing of the Content that we will carry out in connection with the Call Recording Service.

3.1.5. In relation to our duties as data processor:

3.1.5.1.  We agree to use our reasonable endeavours to comply with any reasonable and lawful instruction which you, as the data controller, give to us in connection with the Content (and we will not act on instructions from any third party in respect of the processing, except where it is necessary to comply with a relevant regulatory authority or is otherwise required under relevant law);

3.1.5.2. We will carry out the relevant processing of the Content with the same degree of skill and care as we exercise in respect of the processing of Gradwell Personal Data and, in any event, in accordance with obligations equivalent to those imposed on a data controller by the seventh principle of the Data Protection Act 1998.

4. Indemnity

4.1. In addition to the indemnity set out in clause 12 of the Main Body Terms, you agree to fully indemnify us and keep us fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by us in connection with:

4.1.1. Your breach of any relevant Law (including, but not limited to the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000), the General Data Protection Regulation and the common law concerning confidence and privacy; or

4.1.2. Your breach of the Terms.

5. Availability of the Call Recording Service and Content after suspension or termination

5.1. Clause 17.1 of the Main Body Terms does not apply to the Call Recording Service or this Annex.  We do not provide a back-up of your Data or Content or guarantee the integrity of your Data or Content.  If you wish to keep any back-up of Content, you should ensure it is done so in accordance with all relevant Law.

5.2. You will be unable to access the Call Recording Service if:

5.2.1.  in accordance with the Terms, we suspend your VoIP Service or the Call Recording Service or terminate the Contract for either; or

5.2.2. Amazon suspends your AWS service in accordance with the AWS Customer Agreement or Amazon terminates the AWS Customer Agreement.

5.3. If any of the situations in clauses 5.2.1 or 5.2.2 occur, you may still be able to access your existing call recordings stored on your AWS account, but this will be dependent on, and controlled by Amazon, and we will have no responsibility or liability to you in this regard.  Where your AWS account is suspended by Amazon which is then reinstated at your request by Amazon, we reserve the right to charge you an additional fee and/or commence a new Minimum Contract Period for the Call Recording Service.

5.4. If you revoke our access to your AWS account, we will have no liability to you and you will be unable to use the Call Recording Service until our access is restored.

5.5. If you choose to terminate the Contract for your relevant VoIP Service, or the Call Recording Service in accordance with the Terms, or you terminate the AWS Customer Agreement, you will be unable to use the Call Recording Service after the relevant notice period expires.  You may still be able to access your existing call recordings stored on your AWS account, but this will be dependent on, and controlled by Amazon, and we will have no responsibility or liability to you in this regard.

5.6. If you or Amazon terminate the AWS Customer Agreement in accordance with paragraph 5.2.2 or 5.5, the Contract for the Call Recording Service will also be terminated and you will be liable for all and any outstanding Charges associated with the relevant Service(s) in accordance with clause 15.6.

5.7. Where any of the suspension, termination or access-revocation events set out in paragraphs 5.2 to 5.6 occur, we will have no liability to you provided we act in accordance with the Terms.

Section Two: Price Lists

6. General

6.1. Details of all prices in this Annex are exclusive of VAT.

6.2. The prices for our Goods and Services will be those which are set out on the Website at the date on which the Contract is formed (as described in clause 4.3), and will be confirmed on the Order Confirmation.

7. Price List – Services

7.1. The price for the Call Recording Service is set out at the following URL https://www.gradwell.com/calls/voip-add-ons/call-recording/.]Hardware Portfolio Annex

  1. General
    • The terms and conditions set out in this Annex relate to our Hardware Portfolio and are in addition to the standard terms set out above. Any conflict between the Main Body Terms, the Annexes and/or any other document expressly referred to in the Terms will be determined in accordance with clause 19.8.
    • Our Hardware Portfolio includes, but is not limited to, any VoIP Telephones, Connectivity Routers/Modems, Headsets and any other cabling and power supply units. The current Hardware Portfolio we supply can be found listed on our Online Store at ‘www.gradwell.com/store’ and we may adjust this from time to time
    • We may from time to time amend the Terms, Charges or Services in accordance with clause 14. Whenever we make such changes, we will update the Website to reflect this.
    • All definitions used in the main body of the standard terms apply to this Annex.
    • Other definitions that appear only in this Annex have the meanings set out below:
  • “DOA” (Dead On Arrival) is where the item does not work when you have taken it out of the box.
  • “Advanced replacement” is where Gradwell will send out a new item before or during the return of a faulty, or unwanted item.
  • “Basic Support” is where Gradwell will remotely assist customers with the initial setup including assisting with inputting any login credentials where applicable and enabling the registration of a device.
  • “Unsupported Hardware” is where an item which falls outside of our standard support terms, by this we mean an item which has not undergone testing by Gradwell and subsequently only comes with the manufacturer support.
  • “Voice Control Panel” is a Gradwell control panel you are able to access and make changes to your Billing information as well as any Voice service you may hold with Gradwell. You are given a login to this when you sign up as a customer.
  • “RMA” (Return Merchandise Authorisation) is a process that must be followed in which to return an unwanted or faulty product.
  • “Unwanted Product” is where an item is not at fault, but the Customer wishes to return the item.
  • “Returnable Condition” is where an item is returned in unmarked, original packaging with all original contents present. The item must be in new condition, so it can be re-sold to another customer.
  • Any reference to a “clause” is to a clause of the Main Body Terms. Any reference to a “paragraph” is to a paragraph of this Annex.
  1. Pricing & Purchasing Hardware
    • All prices are published on our Website.
  • Any price indicated on our Website, Voice Control Panel or quoted by our Sales Team, excludes VAT by default unless explicitly stated otherwise.
  • Gradwell reserve the right to update pricing without notice.
  • Where a price has been updated but a customer has already been quoted for an item. The quoted price will be honored so long as the quote has an expiry date and the purchase is made by this date.
  • You can purchase hardware from our Website, our Voice Control Panel and by contacting our Sales team.
  • To purchase hardware by the Voice Control Panel, you will need to be an existing customer.

3. Delivery

  • Gradwell will attempt to process all orders on the same day they are received and will ship orders with a next day delivery service. There are exceptions to this as outlined in paragraphs “3.3 and 3.4”.
  • If an item is not in stock, we shall contact you to let you know. You will have the option to select another item or wait for the item to come back into stock.
  • If an order is placed after 2PM, this could miss our delivery cut off and as a result, your item may be processed the next working day.
  • We cannot guarantee your item will be delivered next day where circumstances fall outside of our control.

4. Returns (RMA Procedure)

  • If you wish to return any item that is shipped to you, it must meet any of the following criteria and the subsequent RMA procedure must be followed.
    • The table below (4.1.2) outlines the conditions Gradwell will accept a returned item.
  Unwanted Products Faulty Products
Working product in brand new condition and in original packaging Working product but marked, or incomplete Faulty product but otherwise in brand new condition Faulty product and marked, incomplete or not in original packaging
Item returned within 14 days of receipt Gradwell will raise an RMA and issue a credit note or refund based on criteria. Gradwell will raise an RMA but any reimbursement is at Gradwell’s discretion. Gradwell will raise an RMA and issue either a replacement, credit note or refund. Gradwell will raise an RMA and issue a replacement or repair the item.
Item returned more than 14 days after receipt, but within the manufacturer’s warranty Gradwell will raise an RMA and at their discretion, issue a credit note. Gradwell will raise an RMA and at their discretion, issue a credit note. Gradwell will raise an RMA and will issue a replacement, credit note or refund. Gradwell will raise an RMA and at their discretion, will issue a replacement, credit note or refund.
The item is outside of the manufacturer’s warranty Gradwell cannot offer an RMA on items of this age. Gradwell cannot offer an RMA on items of this age. Gradwell may offer a chargeable repair service at their discretion. Gradwell may offer a chargeable repair service at their discretion.
Additional A restocking fee of 15% will apply to any unwanted items.
  • Gradwell reserve the right to not accept returns on the above table.
  • Where a phone is faulty and isn’t eligible for an advanced replacement, Gradwell will have the phone fixed and returned within a reasonable timescale.
  • In some cases, an advanced replacement item may be offered but this will be at Gradwell’s discretion.
  • Where an advanced replacement phone is supplied, if the returned phone is not deemed to be at fault, you may be charged in full for the replacement phone.
  • When returning an item, customers must follow Gradwell’s RMA procedure as outlined in the table below (4.5.1).
Step 1 Contact our Support Team who will run through diagnostics (if applicable).
Step 2 Where a phone is being reported as faulty, you will be expected to work with the Gradwell Support Team to diagnose and identify the fault.
Step 3 If the item is deemed to be faulty, or if it meets the return criteria, the Gradwell Support Team will raise an RMA with the manufacturer and supply the Customer with a unique reference number.
Step 4 The Customer is then responsible for packaging up the returned item/s (in a separate outer box) and send it to the address provided. The unique reference number must be clearly displayed on the outer box and the contents must be securely packaged.
Step 5 Where the items are returned as faulty: the phones will be tested by the Manufacturer and if the relevant criteria are met, the appropriate action will be taken.

Where the items are returned as Unwanted Hardware: the item and packaging will be checked, and the appropriate action will be taken.

Step 6 Gradwell will contact the Customer to confirm what action will be taken, this could be a repair, replacement, credit note, refund or a simple return of the item back to the customer. Where Gradwell Terms have not been met, Gradwell will contact the customer to discuss their options.
  • Gradwell will only accept Unwanted Products that are in a Returnable Condition. Products must be returned to us with all items included in the original sale including, but not limited to, manuals, cables, disks and any free software items. Any goods returned for credit or replacement must be in original product packaging in a suitable condition- no writing, stickers or damage on the manufacturers box and packed securely inside an outer box.
  • Customers are expected to return items at their own expense. Where an item is faulty, Gradwell will offer a collection service.
    • If the item is deemed later not to be faulty, Gradwell will invoice the customer £9.00 + VAT for the collection of the device. A further charge of £9.00 + VAT to have the phone delivered back to the customer may apply.
    • Where Gradwell arranges collection of goods, it is still the responsibility of the customer to ensure that the goods are securely packaged and with the supplied address clearly labelled on the outside of the outer box
  • Gradwell does not accept liability for packages damaged during transit and proof of postage is not proof of delivery. All goods returned remain your responsibility until signed for by ourselves. You are therefore strongly advised to send your package by recorded delivery, registered post or courier and maintain sufficient insurance to cover the value of the goods. The cost of return carriage is to be borne by the end user, unless being returned under the terms of a DOA unit.
  • Returns are subject to a 15% handling charge. With the exception of faulty items, which are subject to a full refund or exchange.
  • For products beyond the manufacturer’s warranty period, Gradwell may accept faulty units for repair but the full cost of repairs, handling and postage is the responsibility of the Customer.
  • Refunds will not be given for goods that are not faulty or where the operator is not able to use the product properly – you are expected to ensure that the product is suitable before purchase and that you have the skills to install and use the product.
  1. Support
    • All items purchased from Gradwell’s Hardware Portfolio come with basic support unless sold as Unsupported Hardware. Gradwell offer a number of support articles and where required, will show you how to set up a phone using Gradwell’s voice services. Advanced configuration of devices is not offered but Gradwell will give a best effort support at their discretion.
  • To raise a support request, you can email details of your problem to support@gradwell.com or contact the support team on 01225800888.
  • Gradwell will not support any phones or routers that have not been purchased from Gradwell. In some cases, some support articles may be available to assist Customers on the Knowledgebase http://support.gradwell.com
  • In some situations, customers may request to purchase a device we do not advertise. It is often the case we can supply such devices however they are sold as Unsupported Hardware. As such Gradwell will sell and deliver this unit to the customer but cannot guarantee it will work on the network. Gradwell will offer no telephone or email support on this device. If you believe the device to be faulty, Gradwell will offer a best endeavour support with liaising with the Manufacturer to have the item returned. All charges incurred will be passed on to the Customer.
  1. Provisioning
    • By default, Gradwell supply Telephones pre-configured. This service allows your new phone to be completely plug and play. Once connected to an internet service, your phone will pull down its configuration for use out of the box.
    • Customers are to let Gradwell know at point of sale what details they would like the telephone setup with.
    • Customers can order a phone unconfigured. If they order a phone unconfigured and would like it adopted to Gradwell’s phone management system at a later date, this may be possible for a fee.
    • If a phone is purchased with provisioning, this phone is then kept on our phone provisioning server for ongoing management. This service is offered at Gradwell’s discretion and Gradwell reserve the right to remove this service at any time.
  1. Warranty
    • We will provide a limited warranty on our Hardware Portfolio covering manufacturing defects subject to the terms of the warranty as provided by the manufacturer of the item. If during the warranty period, items supplied by us are deemed faulty because of manufacturing defects, you must report the fault by telephoning our Support Team and raise an RMA. The faulty Equipment must be returned to us in its original packaging, unmarked or damaged with the universal product code or bar code intact. All components, manuals must be included. You will be offered a replacement, credit or a refund providing the item is returned and meets the criteria set out in (4.1.2).
    • The warranty term will vary depending on the product, this will be marked clearly on the product page on the Online Store.
    • Where a product comes with a Lifetime Warranty, this is the Lifetime of the product. When a supplier marks the item EOL (End of Life), your warranty will then conclude 12 months from this notice.
      • Gradwell will announce any devices being made EOL on their blog at https://www.gradwell.com/Blog
      • Gradwell may contact you on the lead up to the EOL date to discuss upgrading your device.
    • Gradwell do not offer any extended Warranty service, nor does it accept any liability for manufacturers making any changes to their warranty terms.
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