Registered Office Address:

AireTech IT Limited
9 Thirlmere Avenue
Wellsted Street
Hull
East Yorkshire
HU3 3AX

Telephone: 0844 887 0190
Website: www.airetechcommunications.co.uk
Email Address: cs@airetechit.co.uk

AireTech IT Telecom is a trading name of AireTech IT Limited which is a company registered in England and Wales. Company Registration Number: 07373223. VAT Number: GB989591829

Last updated 12 July, 2011

Please note: Always check our website for the latest version: http://www.airetechcommunications.co.uk/tos.php

1 DEFINITIONS

'Account' means the record of all Charges due from a Customer.
'Agreement' means the agreement between AireTech IT Telecom and the Customer in respect of the Services incorporating these Terms and Conditions.
'Charges' means the charges payable in respect of the Services (as amended from time to time in accordance with these Terms and Conditions) as set out in the Customer Order Form or as otherwise notified to the Customer before they are incurred.
'Customer' means the party named as such on the Customer Order Form to whom AireTech IT Telecom agrees to provide Services and by whom Charges are payable.
'Customer Order Form' means AireTech IT Telecom's online or paper Customer Order Form completed by the Customer.
'Destination' means the destination Telephone Number or email address where we forward calls or faxes to.
'End User' The End User is the individual or organisation using a Number for inbound call services such as NTS.
'Forwarding' is sometimes referred to as 'routing', 'transferring' or ' diverting'. Forwarding means that a call to one of our numbers is delivered to a destination such as a landline, mobile or international number. Calls and data can also be forwarded to a SIP, IAX or H.323 destination for Voice over IP (VoIP) purposes.
'Initial Connection' means the time and date when the Services are first made available to the Customer.
'Number' means a AireTech IT Telecom telephone number (including Premium Rate Numbers) which is allocated to a Customer or End User.
'NTS' Number Translations Service: when someone calls a Number it is forwarded to another Number (landline or mobile).
'PhonepayPlus' means the UK regulatory body for all premium rate charged telecommunications services.
'OFCOM' means the Office of Telecommunications.
'Operator' means the provider of access to the Telecommunications Network.
'Order' means a Customer's order for Services made on a Customer Order Form.
'Otelo' means the Office of the Telecommunications Ombudsman.
'Premium Rate Number' means the Telephone Number allocated to a Customer for the purpose of enabling the Customer to provide Premium Rate Services.
'Premium Rate Services' means telephone services providing information, advice, entertainment or any other Services defined from time to time by PhonepayPlus as being Premium Rate Services.
'Revenue' means sums payable by AireTech IT Telecom to the Customer in respect of Premium Rate Services.
'Services' means connection to the Telecommunications Network, provision of Telephone Numbers and other telecommunications services as set out in one or more Customer Order Forms for the Customer or otherwise notified in writing by AireTech IT Telecom to the Customer.
'Telecommunications Network' means the public and private telecommunications systems accessed by the Telephone Number or by which the Services are made available.
'Telephone Number' means the telephone number (including Premium Rate Numbers if applicable), allocated to a Customer.
'AireTech IT Telecom' means AireTech IT Limited or any subsequent service provider that takes over the Services and/or the Customers.
'AireTech IT Telecom Website' means the website at URL www.airetechcommunications.co.uk or any subsequent or additional URL as AireTech IT Telecom (or any subsequent service provider that takes over the Services and/or the Customers) may determine.

2 PROVISION OF SERVICES

2.1 AireTech IT Telecom agrees to provide Services to the Customer on the terms and conditions of this Agreement once AireTech IT Telecom has accepted the Customer's order. AireTech IT Telecom will have accepted the order upon the Initial Connection.
2.2 Numbers ordered via the AireTech IT Telecom's Website or online control panel will be connected immediately after the customer has successfully completed the order and a member of the AireTech IT Telecom team has approved the order. Intelligent Network services will usually be set up within 48 hours after receipt of the Order. AireTech IT Telecom will notify the Customer if this is not the case.
2.3 There is no minimum period that the Customer is obliged to use the Services for. The Agreement will continue until:

2.3.1 A Customer removes their Numbers or cancels their Call Management services through the Telecom Control Panel or by sending an email to cs@airetechit.co.uk.
2.3.2 It is terminated in accordance with clause 12 below.

2.4 The Services are supplied subject to all limitations of the Telecommunications Network including the risk of imposed prefix or number changes. In particular AireTech IT Telecom is unable to guarantee that all overseas systems will be able to access the Customer using the Telephone Number or that telephone keypads will use the same alphanumeric combinations as are currently used in the UK.
2.5 Each Order will with these terms comprise a separate contract between the parties unless the order specifies that it is an amendment to an existing contract.
2.6 In order to provide any type of Service, AireTech IT Telecom requires the Customer or End User to provide an Address and Landline Telephone Number. The address can be a company registered office address, a company directors home address or the home address of the individual ordering the service, PO Boxes cannot be used.
2.7 Where an Order covers more than one Telephone Number each Telephone Number shall be deemed the subject of a separate and severable Agreement.
2.8 Where the Customer's name or if applicable company registered number on the Customer Order Form is incorrect or incomplete, the Customer agrees that AireTech IT Telecom may treat as being the Customer, the individual or organisation that paid the initial service charge for the Services.
2.9 AireTech IT Telecom or any subsequent service provider that takes over the Services and/or the Customers has the right to change, amend or modify the Services, the Charges and the Terms and Conditions upon the provision of notice to the Customers by email to the email address provided to AireTech IT Telecom or by publication of the changes, amendments or modifications on the AireTech IT Telecom Website. Customers are responsible for regularly reviewing such information to obtain timely notice of such changes, amendments or modifications. Continued use of the Services or non-termination of the Services after changes, amendments or modifications are sent to the Customer's email address or are posted on the AireTech IT Telecom Website constitutes Customer's acceptance of the Services, Charges and/or Terms and Conditions as changed, amended or modified.

3 AIRETECH IT TELECOM'S OBLIGATIONS

3.1 AireTech IT Telecom will use reasonable endeavours to provide the Services but AireTech IT Telecom shall not be liable for any failure resulting from factors outside AireTech IT Telecom's control. In particular AireTech IT Telecom is not responsible for the operation of the Telecommunications Network.
3.2 AireTech IT Telecom reserves the right from time to time to improve or alter the Services as it deems appropriate.
3.3 AireTech IT Telecom will provide an after sales service and help desk contactable by telephone and email.
3.4 AireTech IT Telecom will provide a Code of Practice Regarding Complaint Handling and Dispute Resolution for Domestic and Small Business Customers. Our Code of Practice can be found here - Code of Practice
3.5 AireTech IT Telecom will provide a Privacy Policy which can be found here - Privacy Policy

4 CUSTOMER RESPONSIBILITIES

4.1 The Customer shall at all times:

4.1.1 Comply with any reasonable directions or instructions (including requests for assistance or information) issued from time to time by AireTech IT Telecom in connection with the Services or any of them;
4.1.2 Pay AireTech IT Telecom's charges under this Agreement on or before the due date for payment without set off or deduction;
4.1.3 Ensure insofar as is possible that the Telephone Numbers are not used in any unlawful, improper or damaging manner;
4.1.4 Indemnify and hold harmless AireTech IT Telecom against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from any improper use of the Services;
4.1.5 Indemnify and hold harmless AireTech IT Telecom against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from a claim by a third party where the third party claims it has the right to prevent the Customer from using the Telephone Number.
4.1.6 Once a Number or Call Service has been activated, the customers should thoroughly check that the number or call service is working correctly and report any faults to AireTech IT Telecom immediately.
4.1.7 Once an order for a number has been confirmed, the customers should check that the numbers is working properly and report any faults to AireTech IT Telecom immediately.
4.1.8 Inform AireTech IT Telecom of any changes to an email address.

4.2 Where the Customer's Order Form includes an order for a Premium Rate Number the Customer shall also:

4.2.1 Provide AireTech IT Telecom with an accurate description of the Premium Rate Service it intends to provide;
4.2.2 Prior to providing the Premium Rate Service ensure that it obtains all necessary licences, authorities and approval from PhonePayPlus, OFCOM and any other regulatory body relevant to the Premium Rate Service and thereafter maintains such licences, authorities and approval for the duration of this Agreement;
4.2.3 Upon request, provide AireTech IT Telecom with written evidence of such licenses, authorities and approval;
4.2.4 Notify AireTech IT Telecom immediately of any intention on the part of the Customer to change the nature of the Premium Rate Service and obtain AireTech IT Telecom's agreement in writing to the proposed change prior to providing the new Premium Rate Service;
4.2.5 Ensure the Premium Rate Service:

4.2.5.1 Complies with all relevant legislation, regulations, guidelines and codes of practice;
4.2.5.2 Does not include any material which is defamatory, offensive, indecent, threatening or likely to bring AireTech IT Telecom into disrepute by virtue of its connection with the Customer;
4.2.5.3 Does not refer to AireTech IT Telecom or the Operator without their prior approval in writing.

4.2.6 The Premium Rate Service may be monitored from time to time by AireTech IT Telecom in order to ensure compliance with the terms and conditions of this Agreement or by the Operator, PhonePayPlus or any similar authority to ensure compliance with all applicable legislation, regulations, guidelines and codes of practice.
4.2.7 If a Customer selects 'Delete Number' they will be asked to confirm whether they want to delete the number - if they confirm that they want to delete the number, the number will be deactivated and become available for someone else to use. There is no Pro-Rata refund for any services or numbers.
4.2.8 A Customer can only have one Account with AireTech IT Telecom and they must be logged in to the AireTech IT Telecom control panel to purchase any services from AireTech IT Telecom.
4.2.9 All Customers must provide a valid email address in order to use any of AireTech IT Telecom's Services. AireTech IT Telecom sends out Alerts, Invoices, Call Credit Balance Updates, Service Updates and Company News by email to all customers.

5 CHARGES AND PAYMENT

5.1 Connection and Initial Service Charges are payable on completion of the Customer Order Form.
5.2 Any other Charges including Call Routing Charge are payable in advance. AireTech IT Telecom may invoice Monthly, Quarterly or Annually. In respect of unascertainable future charges, AireTech IT Telecom may require a reasonable security deposit.
5.3 AireTech IT Telecom requires that the Customer pay by Credit/Debit Card, Electronic Bank Transfer (BAC's and CHAP's), Direct Debit or Standing Order. In the event that the Customer is unwilling or unable to pay by AireTech IT Telecom's chosen means - or - such automated means are not set up or fail for any reason before AireTech IT Telecom invoices the Customer; an additional administration charge may be levied for each invoice.
5.4 Certain Services (e.g. Routing Call to a Mobile or International Destination) have additional costs which are outside the control of AireTech IT Telecom. Where any such charges are increased to AireTech IT Telecom it shall forthwith advise the Customer and be entitled to increase its own charges for the same Services by the same proportion.
5.5 Overdue payments shall be subject to interest at an annual rate equal to the statutory interest rate chargeable under the Late Payment of Commercial Debts (Interest) Act 1998 both before and after judgement.
5.6 Our published prices are exclusive of Value Added Tax.
5.7 AireTech IT Telecom shall in respect of each Service be entitled to review and vary from time to time the Charges and introduce new Charges. The varied or new charges shall take effect 1 week after written notice has been given to the Customer detailing such variations or new Charges in accordance with Section 2.9.
5.8 Charges may also be imposed in the following circumstances brought about by a Customer request:

5.8.1 Change of Destination Number if Customer is using an IVR Application or a Premium Rate Service.
5.8.2 Change of Operator for any Telephone Number.
5.8.3 Change of Service Provider or Network Operator upon termination of this Agreement in respect of any Telephone Number.
5.8.4 Transfer of any Telephone Number to another Individual or Organisation.

5.9 The Customer shall not dispute the amount of any Operator generated Charges unless and then only to the extent that AireTech IT Telecom is entitled to dispute such charges with the Operator.
5.10 AireTech IT Telecom shall be entitled to impose a £25 reconnection fee in the event that the Customer requests and AireTech IT Telecom agrees, to reconnect the Telephone Number following disconnection under clause 10.
5.11 AireTech IT Telecom shall be entitled to impose a £25 administration fee in the event that the Customer requests and AireTech IT Telecom agrees, to remove a Number from an Account.
5.12 AireTech IT Telecom shall be entitled to impose a £10 administration fee in the event that the Customer requests or is due a refund, and AireTech IT Telecom are in agreement. This clause does not overrule clause 12.3. AireTech IT Telecom have the right to decline a refund request when it deems appropriate.
5.13 The charges for Porting a Number from AireTech IT Telecom to another Service Provider or Network Operator are based upon the Memorable Level of a Number and are as follows; Standard Number £100, Bronze Number £500, Silver Number £750.00, Gold Number £1,000.00, Platinum Number £1,500.00 and Diamond Number £2,000.00.
5.14 Charges for Porting Numbers must be paid prior to the number being ported via either Bank Transfer or on a Debit Card - Credit Cards cannot be accepted.

6 AUTOMATIC TOP UP AND AUTOMATIC BILLING

6.1 Automatic Top up and Automatic Billing are recurring payment methods. Automatic Top Up enables you to automatically top up your Pay As You Go account by an amount that you have previously set when your balance falls below a pre-agreed amount. Automatic Billing enables you to automatically settle outstanding invoices that are raised at the beginning of the month. The Automatic Top Up and Automatic Billing payment methods are governed by these Terms and Conditions. Please read these Terms carefully. You should understand that by completing the registration process you agree to be bound by these Terms.
6.2 You can activate the Automatic Top Up service by logging in to the Telecom Control Panel and Topping Up your account. When you Top Up you will see an option to Activate the Automatic Top Up service and a dropdown box to select the amount you wish to Top Up with.
6.3 Similarly, Automatic Billing can be activated by logging in to the Telecom Control Panel. When paying for any transaction, you will see an option to activate the Automatic Billing service.
6.4 Please note that the first payment will be made with the initiating transaction. The Automatic Top Up service can only be activated when topping up. It will be active as soon as this payment has been processed. If you are activating Automatic Billing, this will be active as soon as your initiating transaction is processed.
6.5 Automatic Billing is activated by default when purchasing an item with a monthly charge.
6.6 You can change the amount of your Automatic Top Up or the credit/debit card that is debited by adding a Top Up to your account. To change the credit/debit card being used for Automatic Billing, you will first need to email AireTech IT Telecom's customer services at cs@airetechit.co.uk. Credit/debit card details for the Automatic Billing or Automatic Top Up payment methods can only be changed by making a payment as they are not stored with your account by AireTech IT Telecom.
6.7 You can email AireTech IT Telecom's customer services at cs@airetechit.co.uk who will also be able to make amendments to the amount for your Automatic Top Up.
6.8 If your credit or debit card details change at any time, you should contact AireTech IT Telecom immediately. If you do not do this, payments to your Pay As You Go account will fail, your balance will not be topped up or your invoice will not be paid. These situations may lead to disruption to your service.
6.9 By activating the Automatic Top Up or Automatic Billing service, you confirm that the credit/debit card being used is yours. Your credit/debit card will be subject to validation checks and authorisation by your card issuer. Your details will be passed to third parties for the purposes of carrying out these checks and reporting any fraudulent activity.
6.10 AireTech IT Telecom is entitled to suspend or terminate your Automatic Top Up or Automatic Billing service at any time for any reason and will give you reasonable notice of this where possible.
6.11 AireTech IT Telecom reserves the right to amend or vary these terms and conditions or to withdraw the Automatic Top Up or Automatic Billing payment methods at any time on reasonable notice.
6.12 AireTech IT Telecom cannot be held responsible for payment failures or payment errors caused by third party software or third party systems.

7 REVENUE

7.1 The Customer shall be entitled to receive Call Share Revenue from AireTech IT Telecom based on the Minutes of Call Time generated by the use of a Premium Rate or some Non Geographic Number when applicable.
7.2 Call Share Revenue is payable on 09 Premium Rate Numbers, 087 Fixed Rate Numbers, 084 Fixed Rate Numbers and 070 Follow Me Numbers. Ofcom stipulates that revenue on 070 Numbers cannot be paid to the end user, therefore we can only pay a third party who sub allocates our 070 Numbers to end users.
7.3 In order to earn Call Share Revenue, the amount of Inbound Minutes on 087 Numbers must exceed 1 Daytime Minutes per Month, for 084 Numbers the Inbound Minutes must exceed 1 Daytime Minutes per Month, for 09 Premium Rate Numbers inbound minutes must exceed 1 minutes per month. Call Share Revenue can only be paid when a Number is routed to a UK Landline Number with a 01 or 02 prefix - or - to a SIP or IAX destination.
7.4 The minimum payment AireTech IT Telecom makes is £10.00, if the Call Share Revenue due for a month is not more that £10.00, then the amount will be credited to our Customers Account, once the amount in the Customers Account exceeds £10.00, the Customer can request a payment.
7.5 The rate at which Revenue shall be paid shall be agreed upon between AireTech IT Telecom and the Customer.
7.6 Call Share Revenue is paid on a Monthly basis about 28 Days after the end of the month by Bank Transfer or Cheque. AireTech IT Telecom must receive a written request from the Customer in order to pay Call Share Revenue.
7.7 AireTech IT Telecom shall be entitled to withhold Revenue due to the Customer:

7.7.1 Upon the suspension of the Service in accordance with clause 10;
7.7.2 If AireTech IT Telecom suspects the Customer is in breach of any term of this Agreement or any other agreement between the parties;
7.7.3 If AireTech IT Telecom suspects the Customer has increased its entitlement to Revenue by fraudulent or improper means;
7.7.4 If AireTech IT Telecom has not received the corresponding payment from the Operator.

7.8 AireTech IT Telecom shall be entitled to set off any Charges due to AireTech IT Telecom against Revenue due to the Customer.
7.9 Call Share Revenue can only be paid when the incoming calls are made from a UK Landline Number or UK Mobile Number.

8 THIRD PARTIES

8.1 The Customer may allow a third party to use a Premium Rate Number as part of a managed bureau service provided by the Customer in connection with the provision of Premium Rate Services, in which case the Customer shall procure the third party's compliance with the terms of this Agreement and all relevant legislation, regulations, guidelines and codes of practice.

9 AIRETECH IT TELECOM'S LIABILITY

9.1 AireTech IT Telecom does not exclude or restrict any liability to the Customer for death or personal injury attributable to its own negligence or that of its employees or agents.
9.2 AireTech IT Telecom shall exercise reasonable skill and care in the provision of the Services.
9.3 Except as stated expressly otherwise in this Agreement, in relation to the provision of Services, AireTech IT Telecom shall have no obligation, duty or liability in or for contract, tort (including negligence and breach of statutory duty) or otherwise and all other conditions, warranties, terms representations and undertaking, express or implied (whether they are implied by statute, common law or in any other way) are excluded to the fullest extent permitted by law.
9.4 Where any Service has been continuously unavailable to a Customer for a continuous period of more than 7 days (the 'Unavailable Period') and not as a result of any action or omission of the Customer or any event beyond the reasonable control of AireTech IT Telecom the Customer may apply to AireTech IT Telecom for a rebate of any time based Charges in respect of the unavailable Period and AireTech IT Telecom shall allow the Customer a proportionate rebate of such time based charges. AireTech IT Telecom shall have no other liability for failure or unavailability of the Telecommunications Network.
9.5 AireTech IT Telecom and any subsequent service provider that takes over the Services and/or the Customers shall not be liable, in contract, pre-contract, tort or otherwise, for any direct, indirect, consequential, special, incidental, statutory or punitive losses, damages or expenses suffered by the Customer or any third party including (but not limited to) any economic loss, loss of anticipated sales profits , revenues or savings, reputation, goodwill, business contracts or losses resulting from third party claims under or in connection with this Agreement or its termination or in relation to the suspension of the Services for any reason whatsoever.

10 SUSPENSION OF SERVICES

10.1 AireTech IT Telecom may suspend all or part of any Services provided to a Customer for so long as reasonably required or to disconnect all or any of the Customers Telephone Number/s at any time without notice if:

10.1.1 The Customer is in material breach of this agreement or any other agreement between the parties and in particular in breach of clause 4 or 5;
10.1.2 The Customer acts in such a way or permits anything to be done which, in the reasonable opinion of AireTech IT Telecom, relates to the Services and may impair or jeopardise the operation of the Services or any part of the Telecommunications Network;
10.1.3 Required to do so directly or indirectly by Law, the Operator, OFCOM or PhonePayPlus;
10.1.4 Required for modification or maintenance or in cases of emergency;
10.1.5 AireTech IT Telecom has reason to believe the Services are being used for unlawful, fraudulent or improper purposes.
10.1.6 A Customer has supplied AireTech IT Telecom with an invalid email address or an email address that does not work;
10.1.7 An email sent to the customer is undeliverable or returned/bounced back to AireTech IT Telecom;
10.1.8 When a Customers call charge balance reaches £0 (Zero pounds) or in to a negative balance.
10.1.9 Whenever AireTech IT Telecom, in its reasonable opinion, deems that it is required to do so.

10.2 The Customer shall remain liable for all Charges during any period of suspension attributable to the actions or omissions of the Customer.

11 DATA PROTECTION ACT

11.1 Information that the Customer provides to AireTech IT Telecom about private individuals relevant to AireTech IT Telecom's dealings with the Customer will be stored within AireTech IT Telecom's computer system.
11.2 For the purpose of the Data Protection Act 1998 ('the Act') AireTech IT Telecom needs to specify the purposes for which it will use that information. It will of course only use it for legitimate purposes, including:

11.2.1 Communicating with the individuals concerned as necessary in connection with the Customer's dealings with AireTech IT Telecom;
11.2.2 Communicating with the Customer in connection with AireTech IT Telecom's services generally;
11.2.3 Providing it to third parties as required by the Customer or the law or as necessary in connection with the Customer's dealings with AireTech IT Telecom (including for inclusion in publicly available directories). Those third parties may be outside the European Economic Area;
11.2.4 Providing it to licensed credit-referencing agencies for credit checks to be undertaken.

11.3 By giving AireTech IT Telecom that information the Customer consents to AireTech IT Telecom holding using and disclosing it for those purposes.
11.4 AireTech IT Telecom is permitted under the Act to hold and use personal data for the purposes specified above. It will not process such data provided by the Customer otherwise than for those purposes or as otherwise required by the Customer.
11.5 AireTech IT Telecom confirms that it will comply with the Seventh Data Protection Principle under the Act (data security) in relation to all personal data supplied by the Customer.

12 TERMINATION OF AGREEMENT

12.1 AireTech IT Telecom may terminate this Agreement immediately if:

12.1.1 The Customer is in breach of any of the terms of this Agreement or any other agreement between the parties and does not remedy the breach within 7 days of the date of written notice from AireTech IT Telecom specifying the breach and requiring it to be remedied;
12.1.2 Any licence, permission, agreement or authorisation granted to the Operator or to AireTech IT Telecom necessary for the provision of the Services is suspended, revoked or terminated; or AireTech IT Telecom is unable to recover from the Operator Revenue payments due to the Customer.

12.2 Either AireTech IT Telecom or the Customer may terminate this Agreement immediately by notice in writing if it has reasonable reason to believe that the other has or will have debts to it which will not be paid when due.
12.3 If a Customer decides to cancel their account, no refunds will be given.
12.4 If a Customer or End User cancels the service on a Number, AireTech IT Telecom may assign the Number to another End User or place the Number in to a Quarantine account where the number will remain inactive for up to 12 months. If the Number is allocated to a new End User a Connection charge will be applied.
12.5 If a Number or Call Service is being used to commit or encourage a criminal offence.
12.6 If a Customer or End User is using AireTech IT Telecom's services to send or receive any material which is or may be construed as obscene, pornographic, threatening, malicious, harmful, abusive, defamatory, indecent, menacing, offensive, in breach of confidence, copyright, privacy or any other rights.
12.7 If a Number or Service remains unused for a period of 90 days or more AireTech IT Telecom reserves the right to recover the Number.
12.8 If a Customer or End user sends any material which is or may be construed as obscene, pornographic, threatening, malicious, harmful, abusive, defamatory, indecent, obscene, menacing, offensive or abusive to AireTech IT Telecom or any members of AireTech IT Telecom's staff, or any other AireTech IT Telecom Customer or End User.
12.9 If a Customer or End user posts or publishes any material which is or may be construed as threatening, malicious, harmful, offensive, abusive, defamatory, indecent, obscene or menacing towards AireTech IT Telecom or any members of AireTech IT Telecom's staff, or any other AireTech IT Telecom Customer or End User.
12.10 If a Customer or End User is using a AireTech IT Telecom Number for a Calling Card Service, International Access Number or a Dial-Through Service.
12.11 AireTech IT Telecom (or any subsequent service provider that takes over the Services and/or the Customers) has the right to terminate this Agreement or suspend the Services at any time by giving 30 days' prior notice to the Customer.
12.12 If an End Users or Customers Account remains Suspended for a period of 28 days or more.
12.13 If AireTech IT Telecom is unable to make contact by email or telephone with the End User or Customer Account.
12.14 Any termination of this Agreement shall be without prejudice to the rights of either party accrued to the date of termination.

13 GENERAL

13.1 AireTech IT Telecom shall send all Bills and serve any Notices on the Customer pursuant to this Agreement by Email to the Email address supplied by the Customer or any other address provided by the Customer or make them available for download from the AireTech IT Telecom website for this purpose in accordance with Section 2.8.
13.2 The Customer shall serve any notice pursuant to this Agreement by post on AireTech IT Telecom at its Registered Office address.
13.3 All documents shall be deemed served 48 hours after sending.
13.4 No failure by AireTech IT Telecom to exercise any of its rights under these terms and conditions or concession granted and shall prevent subsequent enforcement of those rights or constitute an agreement to provide the same concession again.
13.5 Subject to clause 14.6, the Customer acknowledges that it has not been induced to enter into this Agreement by any representations made before or on entering into this Agreement (whether made negligently or innocently or whether oral or written) and that it has only relied upon matters set out in this Agreement in deciding to enter into this Agreement.
13.6 The Customer acknowledges that the only remedy it has against AireTech IT Telecom for any misrepresentation or untrue statement shall be a claim for damages for breach of this Agreement. However, if AireTech IT Telecom has made any fraudulent representations upon which the Customer has relied, the Customer may pursue AireTech IT Telecom, and the Customer shall be entitled to all available remedies under English law.
13.7 AireTech IT Telecom may charge a maximum of 12 months worth of revenue or call charges (actual or projected) to Port a number to another Service Provider unless there is a fault with our service. If there is a fault with our service then Porting to another Service Provider is free of charge.
13.8 No variation of this Agreement or waiver hereunder shall be effective unless agreed in writing by AireTech IT Telecom.
13.9 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in questions shall not be affected as a result.
13.10 The Customer shall not assign or try to assign any or all of the rights and responsibilities under the Agreement but AireTech IT Telecom may transfer its right and obligations hereunder to a new service provider in which circumstances the Customer shall enter into a new agreement with the new service provider.
13.11 Where two or more persons constitute the Customer their liability is joint and several.
13.12 AireTech IT Telecom may require a variation to the terms and conditions of the Agreement if so required by legislation, the Operator, OFCOM, PhonePayPlus or any similar authority.
13.13 Nothing within this Agreement is intended to create third party rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.14 Any dispute as to the sum to which AireTech IT Telecom is entitled pursuant to clause 12.3 shall be referred to a single expert to be appointed by agreement between the parties or in default by the application of either party to the President for the time being of the Institute of Chartered Accountants. The expert's fees will be shared equally by the parties.
13.15 If a Customer is in breach of this Agreement then AireTech IT Telecom may contact any End Users associated with the Customers account and provide the End User with services.
13.16 This Agreement is governed by English Law and English Courts shall have exclusive jurisdiction as regards any dispute.