Terms & Conditions

1. Definitions

• Agreement - these terms and conditions together with the Specification
• Fees - the amount(s) payable by you (excluding VAT) for the Services set out in the Specification
• Services - the services listed in the Specification
• Specification - the customer Order
• Start Date - the start date in the Specification
• Us, we, our - Domus, 21-22 Old Steine, Brighton, East Sussex, BN1 1EL
• You, your - the organisation, and the employees of the organisation, requiring the Services whose details are set out in the Specification

2. Our Obligations

1. We agree to provide to you the Services for the Fees
2. We will use all reasonable endeavours to provide the Services without interruption and materially error free
3. We shall commence the provision of the Services on the Start Date as set out in the Specification

3. Your Obligations

1. You agree to pay the fees in accordance with the terms and conditions of payment as set out in the Specification
2. You agree to pay all invoices within 14 days of their receipt. The method of payment shall be by Standing Order
3. Any charges payable under this Agreement are exclusive of VAT at the current rate
4. You agree that all information you have given to us is correct and that you will inform us if it changes
5. You agree not to use the Services for any unlawful purpose or in contravention of any English or other law
6. During registration for any of the Services, we will issue your users with a username and a password, which are essential for your secure use of the Services. You will be responsible for keeping this information confidential and agree to take all necessary steps to ensure that it is kept secure and not disclosed to any unauthorised person. If you think that one of your usernames or passwords have been discovered or is being misused by someone else then you must tell us immediately and take all steps necessary (or requested by us) to prevent such use. If we think there is likely to be a misuse of the Services because of a breach of security we may:
   • Suspend your use of the Services; and/or
   • Change your password and then notify you that we have done this
7. You acknowledge that licensed telephone operators provide the telephone networks which are utilised by us and therefore we cannot guarantee that the Services will be uninterrupted or error free
8. We may accept instructions in connection with the Services from someone we are satisfied has your authority. You agree that you will be responsible for all use of the Services whether or not authorised by you

4. Liability

1. You agree that we are not liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with this Agreement for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, any indirect, special or consequential loss, loss of data, suffered or incurred by you or any third party arising out or in connection with the provisions of the Services (or any part of them)
2. Except as set out in clause 4.3, any liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the provision of the Services is limited to £500 in any 12 month period
3. We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us
4. We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm)
5. We will provide a 28-day warranty on all equipment we supply and install. After this time, we are not liable for any equipment failure. This does not affect any warranty provided by the equipment manufacturer

5. Termination

1. We can terminate the Agreement by giving you 28 days notice
2. You can terminate the Agreement by giving us 28 days notice
3. If you give us notice or we give you notice, you must pay us the Fees until the end of the notice period
4. We may terminate the Agreement with immediate effect:
   • If you fail to pay any amount due to us within the timeframe set out in this Agreement
   • If you break any part of this Agreement
5. Upon termination of this Agreement your right to use the Services shall immediately terminate and you shall immediately stop using the Services
6. We may suspend the Services (without being liable to compensate you):
   • In the event of a local or national emergency
   • To comply with a request from a government or other competent authority
   • To maintain the quality of our Services
   • If an event occurs which is beyond our reasonable control
7. Abusive communication, which includes threats, personal abuse (based on age, gender, race, sexuality, disability etc.) and language generally falling into the category of 'foul and abusive' in which we include swearing, will not be tolerated. Violations may result in the suspension or termination of your Domus account and, in serious cases, will be referred to the police.
8. Upon termination of this Agreement we will supply you with a copy of your data in a standard file format

6. Changes to the Agreement

1. We may alter and/or amend at any time:
   • Any aspect of the Services, provided such alteration or amendment does not require any material change to this Agreement
   • This Agreement, by giving you 28 days notice

7. General

1. Unless otherwise provided in this Agreement, any notices must be in English and sent by e-mail, post or delivered by hand as follows:
   • To you, at the address that you provide when applying for the Services unless you notify us otherwise
   • To us, addressed to Domus, 21-22 Old Steine, Brighton, East Sussex. BN1 1EL
2. This Agreement does not create a partnership, joint venture, agency or franchise relationship
3. You may not transfer this Agreement or any part of it to anyone else
4. We may sub-contract or assign the provision of the Services or any part of the Services to any other person
5. If any part of this Agreement is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement
6. If either of us delay or fail to enforce any right under this Agreement that will not be deemed to be a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced
7. This Agreement constitutes the entire Agreement between us relating to the provision of the Services and supersedes any previous agreements and understandings between us relating to the Services (except that we do not limit or exclude our liability to you in respect of any fraudulent misrepresentations)
8. This Agreement is governed by English Law and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with this Agreement