Terms of Service
If you are not buying Products or Services as a consumer then you must contract with us under our Business website terms and conditions of supply and should therefore return to our website to order as a business.
By agreeing to these terms you are representing and warranting to us that you are a consumer and we reserve the right to terminate, without liability to us, any contract created by businesses who attempt to contract via these Consumer Terms.
These Consumer Terms will apply to any contract between us for the sale and supply of Products and or Services to you (Contract). Please read these Consumer Terms carefully and make sure that you understand them, before ordering any Products from our Website.
Please check on the box marked "I have read and understand the terms and conditions" at the end of the order form. If you refuse to accept these Consumer Terms, you will not be able to order any Products or Services from our Website.
You should print a copy of these Consumer Terms for future reference.
We amend these Consumer Terms from time to time as set out in clause 9. Every time you wish to order Products or Services, please check these Consumer Terms to ensure you understand the terms which will apply at that time. These Consumer Terms were most recently updated on 2nd July 2015.
These Consumer Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
- We operate the website www.port5060.net. We are Port 5060 Ltd., of Unit 3 Newton Business Centre, Newton Chambers Road, Sheffield, S35 2PH, GB, registered in England and Wales with company number: 08332891 and having VAT number: GB 158 7086 74.
- To contact us, please see our Contact Us page (link).
OUR PRODUCTS AND SERVICES
- The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- The packaging of the Products may vary from that shown on images on our Website.
- All Products and Services shown on our Website are subject to availability. We will inform you by e-mail as soon as possible if the Product or Service you have ordered is not available and we will not process your order if made.
USE OF OUR WEBSITE
Your use of our Website is governed by our Terms of Website Use (link). Please take the time to read this, as it includes important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
- If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.
- As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Consumer Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- You will need to place an order via our Website.
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4. Your order constitutes an offer to contract on these Consumer Terms.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched and or that the Services have commenced or the date on which they will commence (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
- If we are unable to supply you with a Product or Service, for example because a Product is not in stock or a Service is no longer available or because of an error in the price on our Website as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products or Service, we will refund you the full amount as soon as possible.
- We will supply the Services to you from the date set out in the Order Confirmation until the contract is terminated by either party in accordance with clause 10.
- We will make every effort to provide Services on time. However, there may be delays due to an Event Outside Our Control. See clause 19 for our responsibilities when an Event Outside Our Control happens.
- We will need certain information from you that is necessary for us to provide the Services. We will contact you by email about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 7.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
- We may have to suspend the Services if we have to deal with technical problems. We will endeavour to contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 7.4 but this does not affect your obligation to pay for any invoices we have already sent you.
- If you do not pay us for the Services when you are supposed to as set out in clauses 13 and 14, we may suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you dispute an invoice under clause 13.7). We will contact you to tell you this. This does not affect our right to charge you interest under clause 13.6.
- We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
IF THERE IS A PROBLEM WITH THE SERVICES
- In the unlikely event that there is any defect with the Services:
- In the first instance please consult our support centre (link);
- If you cannot find a resolution in our Knowledge Base (link) then please either raise a support ticket or call our support line and tell us as soon as reasonably possible;
- please give us a reasonable opportunity to repair or fix any defect; and
- we will use every reasonable effort to repair or fix the defect as soon as reasonably practicable.
- You will not have to pay for us to repair or fix a defect with the Services under this clause 8.1
- We cannot be held responsible for any issues or loss arising as a result of any incompatibility of the Services and or Products with your existing or future information technology equipment or set up and it is your responsibility to ensure the Services and Products are suitable for your requirements prior to entering into the contract. This clause 8.2 does not effect your statutory rights.
- As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the components we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Consumer Terms will affect these legal rights.
OUR RIGHT TO VARY THESE TERMS
- We may revise these Consumer Terms from time to time at our sole discretion.
- Every time you order Products or Services from us, the Consumer Terms in force at that time will apply to the Contract between you and us.
- Whenever we revise these Consumer Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Consumer Terms have been amended and the relevant date at the top of this page.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
- If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
- However, this cancellation right does not apply in the case of:
- any Products made to your specification or clearly personalised;
- software, DVDs, CDs or otherwise which have a security seal which you have opened or unsealed; or
- perishable goods.
- Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. For Services, the cancellation period ends on the expiry of the period 7 (seven) working days after the day of the Order Confirmation. For cancellation of Services which have already commenced please see 10.9 below.
- To cancel a Contract, please contact us by sending a ticket via your portal account. You may wish to keep a copy of your cancellation notification for your own records.
- You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 10.4. If you returned the Products to us or cancelled the Services because they were faulty or mis-described, please see clause 10.10.
- If you have returned Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We refund you on the same credit or debit card / by the same method you used to pay.
- If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable;
- unless the Products are faulty or not as described (in this case, see clause 10.10), you will be responsible for the cost of returning the Products to us;
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
- If you cancel an order for Services under clause 10 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you. However, if you cancel an order for Services and we have already started work on your order by that time, you will pay us any costs we have reasonably incurred in starting to fulfil the order and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order for Services because of our failure to comply with these Consumer Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
- Once we have begun to provide the Services to you, either party may cancel the contract for the Services at any time by providing at least 30 calendar days' notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you. However, if the contract is for Services to be provided under a minimum fixed term, payment for the remaining initial contracted period must be made by you e.g. if it is a 12 month contract, you may terminate your contract early in addition to the rights granted under the Consumer Protection (Distance Selling) Regulations 2000) however, you must pay for the remainder of the 12 month service charge.
- Once we have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving us written notice if:
- We break this contract in any material way and we do not correct or fix the situation within 30 days of you asking us to in writing;
- We go into liquidation or a receiver or an administrator is appointed over our assets;
- We change these Consumer Terms under clause 9 to your material disadvantage;
- We are affected by an Event Outside Our Control.
- Once we have begun to provide the Services to you, we may cancel the contract for Services with immediate effect by giving you written notice if:
- You break this contract in any material way and you do not correct of fix the situation within 30 days of us asking you to in writing;
- We are affected by an Event Outside Our Control;
- You use the Services provided to you in any way which breaks the laws of England and Wales or any other policies referred to in these Consumer Terms.
- Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
- As a consumer, you have legal rights in relation to Products and Services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or these Consumer Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- Delivery will be completed when we deliver the Products to the address you gave us.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full, including all applicable delivery charges.
NO INTERNATIONAL DELIVERY
- Unfortunately, we do not deliver to addresses outside the UK.
- You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
PRICE OF PRODUCTS AND SERVICES AND DELIVERY CHARGES
- The prices of the Products and Services will be as quoted on our Website. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) or Services you ordered, please see clause 13.5 for what happens in this event.
- Prices for our Products or Services may change from time to time, but changes will not affect any order which we have confirmed with a Order Confirmation as regards Products.
- The price of a Product or Service excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery or performance, we will adjust the VAT you pay, unless you have already paid for the Products and/or Services in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website from time to time.
- Our Website contains a large number of Products and Services. It is always possible that, despite our reasonable efforts, some of the Products and / or Services on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the Product's or Service’s correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Products to you or when carrying out the Services. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price; and
- if the Product's or Service’s correct price is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product and / or Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- If you are a consumer and you do not pay your bill by the due date we may at our sole discretion:
- send you a reminder or call you. If we do not receive payment within 7 calendar days of the date of that reminder, we may add a late payment charge of 4% to your next bill by way of compensation to us for breaking the terms of this agreement and additional costs involved as a result. We may also charge you £5.00 by way of compensation to us for any direct debit or cheque payments which are returned to us because you do not have enough funds in your account;
- charge interest to you on the overdue amount at the rate of 8% per annum above the base lending rate of Barclays Bank PLC from time to time, or, if this is deemed unreasonable by a court of England and Wales, at the standard court rate of the time pursuant to s69 of the County Courts Act 1984 (currently 8% per annum). This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest and compensation together with any overdue amount; and
- suspend Services, including but not limited to the provision of broadband, telephony and hosting, if an invoice remains unpaid for more than 14 days and any costs associated with or arising from the ceasing of the services will be payable by you.
- We reserve the right to hand over any unpaid accounts to one or more, of our appointed debt collection agencies. Our collection agencies may also levy a further fee added to the total debt for costs incurred in collecting the debt.
- However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, 13.6 will not apply for the period of the dispute.
- For the avoidance of doubt, in respect of broadband services, if the phone line that the broadband is activated on is cancelled, and as a result our broadband service is automatically cancelled, you will still have to pay for the agreed charges and remaining term of any fixed term contract.
HOW TO PAY
- You can only pay for Products and / or Services using MasterCard, Visa, Electron and American Express, Direct Debit or other methods set out on our website from time to time.
- Payment for the Products and / or Services and all applicable delivery charges is in advance.
- Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
OUR WARRANTY FOR THE PRODUCTS
- For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 17.2.
- The warranty in clause 17.1 does not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
- If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
OUR LIABILITY IF YOU ARE A CONSUMER
- If we fail to comply with these Consumer Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Consumer Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
- Under these Consumer Terms we only supply the Products and Services for domestic and private use. You agree not to use the Product or Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective goods under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, virus or any other cyber attack to our website or our suppliers’ websites, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or downtime in our service as a result of acts or omissions of our third party suppliers.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
- When we refer, in these Consumer Terms, to "in writing", this will include e-mail.
- If you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 10, you must contact us in writing by raising a ticket via your portal account, or by sending a letter to uno Communications Ltd. at Unit 3 Newton Business Centre, Newton Chambers Road, Sheffield, S35 2PH, GB. You may wish to keep a copy of your cancellation notification for your own records.
- If you wish to contact us in writing for any other reason, you can send this to us via your portal or by pre-paid post to uno Communications Ltd. at Unit 3 Newton Business Centre, Newton Chambers Road, Sheffield, S35 2PH, GB. You can always contact us using our Customer Services telephone line.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Consumer Terms.
- You may only transfer your rights or your obligations under these Consumer Terms to another person if we agree in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- Each of the paragraphs of these Consumer Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Consumer Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Consumer Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.