ACS’ Terms and Conditions of Sale

• In this Contract, any reference to "we" "us", "our", “AdaptiveComms” or "ACS" refers to Adaptive Communication Solutions Limited or any organisation that may succeed it as the assignee of this Contract and any reference to "you" or "your" or “customer” refers to you, the user of the Services (including any person who we reasonably believe is acting with your authority or knowledge).
• Unless otherwise stated, you are bound to the terms and conditions of the network/ landline service provider signed with.
• It is not the responsibility of ACS to terminate pre-existing contracts and agreements with agents including (but not limited to) suppliers such as British Telecom and the UK mobile networks including any subsidiary companies or nominated agents who you are using on your behalf.
• Equally any termination, upgrade or similar charges that may be incurred from aforementioned agents are not payable by ACS unless expressly written in the quote. (This may take any form of agreed fund). In this case we only accept responsibility for those fees agreed and disclosed at the time of the quotation.
• Unless otherwise stated all monies referenced are exclusive of VAT.
• Any monies offered in the quotation by ACS to you in any format including but not limited to; cashback, kit-funds or equipment will not be paid unless you have paid the network operator each bill on time. In the event that you have not paid or have taken any other action which has caused a loss of income to ACS we reserve the right completely at our discretion never to make payment and should any payment have been made to claim this back from you.
• Any cash-back agreements are commission-dependent; if commission is withheld through non-usage of the sim cards provided then the loss of profit will be proportionally deducted from the agreed cash-back amount.
• ACS operates a 90 day term for cashback payment from the date of receipt of the customers invoice.
• The customer must make all claims for cashback and kit fund no later than 123 days prior to the end of their contract with the mobile network. Any claim after this will not be paid. For the avoidance of doubt, where the customer holds more than one account the rule will be applied across the whole account based on the date of the first contract to finish.
• In the event that you go into receivership or administration or cease to trade any cash back, kit fund or equipment which has been paid or provided by us during the course of the current contract must be refunded or returned in full immediately to us. Furthermore you will no longer be eligible for any further cash back, kit fund or equipment agreed as part of the contract.
• Usage level monitoring will be carried out as requested in good faith however ACS accepts no liability for any cost, howsoever incurred - including but not exclusive to failure of ACS to check, inform, or otherwise carry out its duties.
• From the date of signature (on the purchase order) we will allow a ‘cooling off’ period of 14 days; after this you shall be considered legally bound to the agreed proposal.
• Some mobile networks operate a 14 day period from the point of connection during which disconnection is possible due to a lack of coverage. This shall not be honoured if the signal strength has been deemed sufficiently tested prior to connection through the use of a loan phone.
• In the event of disconnection from a network during the 14 day disconnection period ACS will find the ‘closest match’ deal on another network where possible. The customer will not be entitled to purchase telecom services from another company or provider of any sort and your doing so shall result in your being liable to pay ACS £100 plus VAT for each mobile phone not sold through ACS shown on your purchase order to us.
• At any time following the 14 day cooling off period and prior to the end of the contract term, should you fail to complete or comply with any contract or term within that contract, including, but not limited to, ACS, mobile or landline contracts and purchase orders, which results in either costs or loss of income to ACS, you will be held responsible in full for that cost or loss of income howsoever sustained by ACS.
• We do not accept any liability for incompatibility of mobile network service with any device or other equipment used by you either that we have not supplied, or that is being used for anything other than that which it was expressly intended.
• In the event that you believe that equipment we have supplied is faulty, ACS undertake to organise for the equipment to be returned to the manufacturer or the manufacturer’s agent as applicable for the manufacturer, or manufacturer’s agent, to test and repair or replace as they see fit in line with the manufacturer’s warranty. ACS assume no responsibility for any charges for repair/ replacement, these are to be borne by you alone.
• ACS may provide you with loan equipment at their discretion. You are responsible for the care and return of that equipment and may be charged for any loss or damage to the equipment whilst in your care.
• We do not accept liability either in contract, tort (including negligence) or otherwise, for direct or indirect loss of profits, income, business or anticipated savings, nor for any indirect, incidental or consequential damages, including, without limitation, loss or destruction of data, or other information unless such losses were previously agreed in writing when this Contract was entered into.
• Our liability to you in contract, tort (including negligence) or otherwise in relation to this contract is limited to the price paid by you for the service we deliver.
• Each clause within these terms and conditions is mutually exclusive; finding issue with a clause in law will only affect that clause and not any other part of the contract. Acceptance of our services implies acceptance of our terms and conditions unless waivers are expressly agreed in writing beforehand.
• This agreement is covered by English law. Please contact us should you have any complaint to make regarding the service. If you are not happy with the way we deal with any complaint and you want to take court proceedings, you must do this in England.