Terms of Business
1.1 If the customer orders equipment directly from New Image Communications (NIC) which NIC supplies directly to the customer, the provisions of this clause shall apply in relation to the equipment. NIC shall bear the risk of loss or damage to equipment and sim cards until the point of delivery to customer. Subject to clause 1.2, the customer shall bear the risk of loss or damage to equipment and sim cards from time of delivery to customer.
1.2 Customer shall notify New Image Communications in writing within 3 working days of receipt if equipment or sim cards arrive having been damaged or, if the order has been incorrectly fulfilled.
1.3 NIC is not obliged to offer a refund, exchange or hardware fund credit to the customer in the event that equipment is ordered by the customer in error.
1.4 Title to equipment shall pass to the Customer as soon as New Image Communications (NIC) has received payment for it in full. Where Equipment is provided free of charge or is provided by way of Hardware Fund deduction, title shall pass to the Customer at the end of the contracted period.
1.5 NIC is not obliged to agree to any upgrades to the Equipment it supplies to the Customer during or after the Minimum Period but if it does, NIC shall be entitled to extend the Minimum Period.
1.6 Hardware Funds, and Equipment supplied that has been charged to the Hardware Fund, are supplied by New Image Communications in return that the Customer completes the Minimum Period of the corresponding Airtime Agreement.
1.7 NIC’s supply of Equipment and accessories shall be subject to availability.
2.0 Where the Airtime Agreement is completed, then full title of any handsets supplied by NIC shall transfer to the Customer along with the right for the Customer to claim any outstanding amounts held by NIC in the Hardware Fund.
2.1 At the end of the Minimum Period of the Airtime Agreement, should the Customer’s Hardware Fund be in a negative position, then the Customer agrees to NIC invoicing the full amount, and to pay that amount in line with NIC’s standard payment terms.
2.2 Where the Customer terminates any Connection prior to the expiry of that Connection’s Minimum Period, the Customer shall pay to NIC a lump sum termination payment calculated as the total amount of the Hardware Fund initially provided at point of connection / contract renewal, minus any unspent amount currently held by NIC.
2.3 Where the Customer terminates any Connection prior to the expiry of that Connection’s Minimum Period and the Hardware Fund has been fully utilised by the Customer, the Customer shall pay to NIC a lump sum equal to the Hardware Fund provided for the connection(s) in question, based on the value provided at the commencement of the current Minimum Period.
2.4 Where the Customer terminates any Connection prior to the expiry of that Connection’s Minimum Period and Equipment has been supplied either Free of Charge or at a Reduced Rate, the Customer shall pay to NIC a lump sum equal to the Equipment provided for the connection(s) in question, based on the value of the Equipment provided at the commencement of the current Minimum Period.
2.5 Sections 2.3, 2.4 and 2.5 will be charged in addition to any contractual Early Termination Fees imposed by either New Image Communications, or the applicable Network Service Provider in relation to the Airtime Agreement.
2.6 NIC reserves the right to amend monthly line rental subscriptions periodically. Subscriptions may increase by no more than 5% per annum, with a minimum 30 days’ notice applied to any increase. Usage charges are subject to change without notice.