| Parties |
| 1. |
Unless otherwise agreed, the agreement will be between Storacall
Technology Ltd, trading as and known hereunder as 'Axontek' and Axontek's
single customer known hereunder as the client. |
| Payment |
| 2. |
Set-up fees will be normally payable 1 month prior to service commencement
unless otherwise agreed. |
| 3. |
Set-up fees will be refundable only in the event that Axontek fails to provide
the service as agreed by the date agreed. |
| 4. |
Axontek commits to provide services as agreed in writing or verbally only
upon receipt of set-up fees. |
| 5. |
Transaction fees will be payable within 14 days of invoice in order that service
is to be maintained. |
| 6. |
Outpayments of revenue received from carriers will be only made after revenue has been received from that carrier to X-on. This is typically 35-45 days after the end of the month in which the revenue was accrued. |
| Continuity and Performance of Service |
| 6. |
Axontek aims to provide the client with 100% availability of service. Axontek
will, however, accept no liability for loss of revenue, damage to business or
other problems encountered due to non-availability of service caused by any reason. |
| 7. |
Axontek will inform clients of any known periods of non-availability together
with full reasons for this non-availability. |
| 8. |
In the unlikely event of scheduled downtime being required to upgrade services
or equipment, Axontek will only do this will full consent of the client and
at a time when minimum inconvenience is caused to the client and the client's
customers. |
| 9. |
Axontek wishes to provide sufficient bandwidth (either in terms of data
availability or simultaneous telephone or fax calls) in order service all the
client's transactions. It is in the interest of both Axontek and the client
that realistic traffic predictions are supplied and that increases in traffic
due to promotion are forecast. |
|
| 10. |
Axontek will provide services to perform to agreed criteria, provided that
realistic traffic predictions have been provided. Instances of failure to meet
response agreements should be informed to Axontek preferably in writing at the
earliest opportunity. |
| Products and Content |
| 11. |
Supply of products and content (e.g. text, data, pictures or sound)
is a contractual arrangement between the client and the client's customers. |
| 12. |
Axontek will not take liability for the client's failure to supply products
ordered through an Axontek service. |
| 13. |
Where payments are received for Products or Content, either through Merchant
facilities, Premium Rate calls or other means, these payments will be directly
to the Client and not to Axontek. |
| 14. |
In the case of telephone Premium Rate services, the client is the Service
Provider and is responsible for abiding by the relevant PhonepayPlus regulations for
such services. |
| Cancellation |
| 15. |
Other than for reasons in the above sections, Axontek requires 30 days cancellation
in writing before services are discontinued. |
| 16. |
Other than for reasons in the above sections, Axontek will give 30 days
cancellation in writing before services are discontinued. |
| 17. |
Upon cancellation, all rights to recordings, telephone numbers, email addresses,
web content and other resources that may be offered as part of the service revert
to Axontek. |
| 18. |
The client should ensure that email, fax, telephone and Internet traffic is
not forwarded to Axontek addresses after the service has been terminated. |
|
