Terms & Conditions
1. Any equipment damaged, lost or stolen, to be repaired/replaced by the customer as necessary.
Under the agreement the customer is responsible for any charges following;
(i) Accidental or wilful damage to equipment.
(ii) In the event of equipment being repaired, DigiX (trading as Northwest Radio Ltd) reserve the right to charge the customer & will advise the customer of charges if not under warranty. All repairs outside warranty are the customers responsibility.
(iii) In the event of lost or stolen equipment full payment of equipment is payable by the customer. DigiX reserve the right to charge the customer & will advise the customer of charges.
2. Airtime / Hire Charge(s)
The customer shall pay the airtime/hire charge, without deduction, set off or withholding within 14 days of the date of invoice. Payment will be by standing order unless DigiX otherwise agree.
3. Connection / Hire Charge(s)
The customer shall pay the connection / hire charge prior to the connection of equipment to, and the provision of airtime/hire agreement.
The agreement shall continue for the minimum period stated in the agreement document and will continue unless;
(i) Either the customer or DigiX shall give not less than one months written notice or
(ii) It is terminated pursuant to the termination provisions of these terms and conditions.
(iii) Hire equipment, DigiX will provide the customer with on-site support and replacement radios if maintenance cannot be achieved on-site.
The agreement and the obligation of the customer to pay the airtime/hire charges shall not be affected by;
(i) Loss or theft of equipment and or
(ii) Any damage, or repairs needed, to or maintenance of the equipment. The customer undertakes to ensure that the equipment is regularly and fully maintained by duly qualified engineer approved by DigiX , at the service intervals recommended by the manufacturer.
The customer agrees that it shall continue to pay all airtime/hire charges and connection charges and all future sums that would have been payable during the term of this agreement in relation to any lost, stolen or equipment damaged beyond repair unless and until the equipment is replaced by replacement equipment recognised and approved by DigiX.
The agreement and the obligation of DigiX to the customer is to ensure onsite cover is provided under hire terms as stated above.
6. Alterations and Extension
The customer undertakes that neither it nor any other person shall carry out repairs to, adapt, test, make additions or attachments or otherwise after the equipment whilst this agreement is in force. Any alterations or extensions to the equipment or airtime / hire, or requested by the customer and authorised by DigiX shall be carried out only by or as directed by any duly authorised dealer at the customers expense.
7. Transfer of Equipment
The customer shall not whilst this agreement is in force remove the equipment from any vehicles or premises in which it has been installed or transferred to any other Vehicles or premises without the prior written approval of DigiX .
8. Force Majeure
DigiX shall not be liable for any delay or failure to perform this agreement or for any loss or damage which may be incurred by the customer due to any cause beyond reasonable control of Northwest Radio Communications Ltd including without limitation, act of god, inclement weather, failure or shortage of power supplies, flood drought, lightening, fire, industrial action, act or omission of Government, highway authorities, public telecommunications operators or other competent authority, war, military operations, riot, difficulty or delay an manufacture or supply of any goods or services.
9. DigiX may, immediately and without notice, suspend airtime / hire during any technical failure or modifications of its or any supplier’s network.
10. DigiX may suspend or terminate this agreement, immediately and without notice
(i) if the customer is in breach of any of these terms and conditions.
(ii) if it shall fail to pay the airtime / hire charges or connection charges on or before the due date for payment.
(iii) if the customer is being a limited Company, has an administrator, or liquidator appointed or a petition is presented for winding up or a receiver appointed over all or any part of its assets, or enters into a creditors voluntary arrangement or composition with its creditors.
(iv) if the customer is not a Limited Company, it, or any officer or partner, commits an act of bankruptcy or make an arrangement with its creditors.
11. Consequences of Termination
If this agreement is terminated for any reason (other than as a consequence of an un-resolvable network fault or omission of DigiX regarding network facilities) the customer shall pay on demand all arrears of airtime / hire charges and connection charges up to the date of termination and all future sums that would have been payable during the term of this agreement if it had not been so terminated.
12. Late Payment
Without prejudice to any other right of DigiX to treat a default in payment as a breach of this agreement, the customer shall pay interest on any sum not paid on the due date at a rate of 4% over the base rate of Bank of England calculated on a daily basis from the date payment was due until actual receipt of payment whether before or after judgment.
13. Emails sent out by an individual working for NRC.
The views expressed by this person may not be the views of the company, DigiX, therefore, cannot be held accountable.
14. Order Numbers
DigiX cannot be liable for payments from a vendor/supplier without an official order number being provided in advance from an authorised member of staff within Northwest Radio Communications Ltd. An official order number from Northwest Radio Communications Ltd is our agreement to commission works/services from a vendor or supplier.
15. Governing Law
This agreement shall be governed by and construed in accordance with English law and the parties should submit to the jurisdiction of the English Courts.