General Terms and Conditions of UK TELECOM S.L.
1. Validity of and Alterations to these Conditions (T&C)
1.1 The following Terms and Conditions (T&C) shall apply to all telecommunication services provided by FAIR EXCHANGE WITH UK TELECOM S.L. (shown as FET).
1.2 Customer T&C’s varying from these shall have no validity; they shall also not apply if FET does not specifically challenge them or if the Customer declares that he wishes only to enter into an agreement under his own T&C.
1.3 FET will publish the T&C on the internet under www.fairextele.com and at its business premises. Changes to the T&C, products, services and price lists shall be published in this way.
1.4 FET shall inform the Members of alterations to the T&C, products, services and price lists in accordance with the requirements of the law. Such changes will be deemed to have been accepted if the Customer has not challenged them in writing within one month. FET will make this clear to the Customer when publishing changes.
2. Commencement of Agreement and Right to withhold Service
2.1 A contract between FET and the Customer shall come into effect as a result of an oral or written application by the Customer and the acceptance by FET, which may be in written form or through connection of the Customer’s telephone number to the service. For written applications the Customer must use the currently valid version of FET application proforma. Use of FET services is conditional on the Customer being of age or having obtained the agreement of his legal guardian.
2.2 FET reserves the right to:
a) refuse to accept a customer. In particular if the Customer refuses to allow FET to carry out credit checks, if the result of such a check is unsatisfactory or if the Customer has outstanding debts arising from existing or previous agreements with FET or its partner companies.
b) to make the provision of telecommunications services conditional on the Customer delivering an appropriate security deposit of not less than one month anticipated or calculated expenditure on telecommunications,
c) after giving due notice to make the provision of telecommunications services conditional on minimum monthly payments calculated to cover its costs.
3. Duration of Agreement, Termination.
3.1 The agreement will exist for an indefinite period. In addition agreements may exist for specific minimum periods. These must be in writing.
3.2 The agreement may be terminated by either party with normal notice of 2 weeks to the end of a month, provided the agreement shall not have been arranged for a minimum period.
3.3 The right of either party to terminate the agreement without notice is not affected. In particular, FET shall be entitled to terminate the agreement without notice if:
a) the Customer uses the services of FET other than for their intended purpose, uses them in contravention of the law or if suspicion of such arises;
b) a summons for disclosure of assets is issued against the Customer, if a bankruptcy case is initiated against him, if any such is threatened or if his financial state deteriorates substantially so that it may be anticipated that he would not be able to meet his obligations either temporarily or for an extended period;
c) the Customer repeatedly fails to meet his contractual obligations, in particular if for two consecutive billing periods he fails to pay the amounts billed by FET or a significant part thereof;
d) the Customer fails to satisfy significant contractual obligations, in particular the submitting of a properly completed application form to FET in accordance with § 6.4 of these T&C within 4 weeks of being connected to the service or of a change of address;
e) the Customer does not give agreement for FET to carry out credit checks or if the result should be unsatisfactory;
3.4 Any notice to terminate shall be in writing.
4. Disconnection of the Subscriber Connection
4.1 FET is entitled, but not compelled, to terminate connection to the service if
a) the Customer is in arrears of payment, a security deposit has been used up and the Customer has been informed of the disconnection having been advised of his right to seek redress before the courts.
b) the amount owed by the customer increases very significantly and/or the suspicion should arise that the Customer is abusing the service, or
c) other conditions warranting disconnection arise, in particular if the Customer has given cause for termination of the agreement without notice.
4.2 FET can only effect reconnections on weekdays, Mondays to Fridays, between the hours of 9:00 to 16:00. The cost for reconnection of PREPAGO members is €6 plus taxes, which is to be paid along with any outstanding amount owed.
5. Telecommunication services of FET
5.1 The extent of the service to be provided by FET arises from FET service or product description and from the additional information on the application form. FET service and product description shall be published on the internet and made available for inspection at the offices of FET.
5.2 In order to meet its obligations to provide the agreed telecommunication services FET shall rely on prior services to be provided by third parties. In particular, a prior service in this respect is the provision of carrier routes (network availability) to the connection with the relevant network provider. FET reserves the right to temporarily restrict the telecommunications service in the event of lack of capacity in networks of its providers as well as in the event of faults due to engineering work on providers’ installations. However FET will request providers to resolve any faults with despatch as far as technically and operationally practicable. The customer shall have no right to compensation except in the case of gross negligence or intent on the part of FET. The stipulations of Clause 11 of these terms and conditions shall apply in all other respects.
5.3 In so far as FET is prevented from providing its services by force majeure FET shall be freed from its service obligation for the duration of the interruption. Interruptions in service due to war, internal conflict, strike and lock-out are included within the definition of force majeure.
5.4 Delivery deadlines and availability times shall be agreed on the proviso that the Customer will provide full and timely cooperation.
6. Customer Responsibilities
6.0 The Customer undertakes not to make telephone calls using the saver prefixes 1051, 1052, and 1053 prior to receipt of the activation notification, the “Welcome” confirmation, from FET.
6.1 The Customer declares that at the time of signing the agreement with FET he is of age or has obtained the agreement of his legal guardian.
6.2 The Customer shall use the telecommunications services provided by FET solely in accordance with existing law, in particular in accordance with laws and decrees governing the use of telecommunications. Only those terminal installations which have been passed fit for use under telephone and telecommunication regulations shall be used.
6.3 The Customer undertakes to provide all the conditions and preparations in the area of his home or business as may be previously specified by FET as essential to fulfilling the contract. In particular the availability of all information and records necessary to the completion of the contract to employees of FET, and of any companies subcontracted by FET, who are to collaborate in the fulfilment of the contract, and to use any installation provide by FET only in accordance with the operational instructions provided by FET.
6.4 When installing routers the Customer will ensure that in the case of leased telecommunications equipment, the appropriate service technician of the maintenance firm responsible for maintaining the installation is present to resolve without delay, any faults which may occur. If the service technician should not be available at the time agreed and the Customer nevertheless requires the router to be installed, FET shall not be held liable for any damage caused to the telecommunication installation which could have been avoided by timely intervention of the service technician. Companies subcontracted by FET with the installation of the router are not authorised to undertake work on the Customer’s telecommunication installation.
6.5 The Customer will appraise FET of any change to his name, home address, billing address, telephone number, bank details or other details material to his application or to the bills sent out by FET. This applies equally to business customers in relation to changes to the company, its legal constitution, registered address, billing address, telephone number, bank account details or other details relevant to the contractual agreement.
7. Presentation of Bills, Payment Conditions
7.1 The Customer will be billed by FET for services delivered. The customer can chose either to be billed per e-mail (free of charge) or per post (0, 99 euro + taxes). As a rule, bills will be presented monthly. However, in the case of very small accounts, FET reserves the right to bill two or three-monthly.
7.2 The Customer undertakes to pay the billed amounts, which shall be derived from the currently valid version of the pricelists as published by FET. Value added tax at the prevailing rate will be applied by FET at the time of issuing the bill.
7.3 The amounts billed by FET shall be due and payable on presentation of the bill, or, for direct debit payments, on presentation of the direct debit authority.
7.4 In case of re-requesting of the Invoice sum from the members bank due to insufficient funds in their account, a default fee of 6 Euro + taxes will be charged.
7.5 In the case of delayed payment, interest at European Central Bank base rate plus 6% will be applied from the due date in addition to reminder fees or collection charges, but without prejudice to FET right to demand damages exceeding such amounts. The Customer retains the right to demonstrate reduced delayed payment damages to be appropriate.
7.6 Any objections to the bills from FET must be lodged in writing to FET by the Customer within 4 weeks of receipt. Should the customer raise no objection within this time frame this shall signify the Customer’s agreement with the amount billed. It shall be incumbent on the Customer to demonstrate that the bill is erroneous. In as much as FET shall have deleted relevant data because of a legal requirement or on the express instructions of the Customer prior to the lodging of an objection, FET shall not be responsible for proving the accuracy of the invoice total.
7.7 Repayment demands by the Customer for overpaid amounts, for double payments, etc. shall be credited to the Customer’s account for settlement against the next invoice due.
7.8 If the Customer has elected to pay by direct debit and a direct debit is recalled, the Customer shall make good any costs incurred by FET.
8. Settling of Accounts and Retention Rights
8.1 The Customer is not entitled to set off any claims of his own against the demands of FET arising from telecommunications services provided except where such claims are agreed or have been legally established.
8.2 Likewise the Customer may only withhold part or full payment in the case of counter claims which have either been agreed or established in law.
9. Involvement of Third Parties in the Agreement
9.1 The Customer may only re-sell the use of the service to third parties with the prior express written permission of FET or, if a separate agreement is concluded between FET and the third party for the use of the service.
9.2 The Customer is responsible for the payment of all billed items arising out of the use of the connection whether by authorised or unauthorised persons.
9.3 In as much as the Customer should authorise a third party to receive bills on his behalf, the Customer agrees that such third party shall have declaratory power in respect of a bill and be authorised to receive the appropriate explanations from FET.
9.4 Neither the connection nor its use is transferable.
10. Credit Limit
10.1 FET may set a maximum account total (credit limit) for the Customer for the use of the service. At the written request of the Customer FET shall inform him of the amount of the credit limit.
10.2 FET is entitled, but not obligated, without notice to curtail the continued use of telecommunications services whenever and for as long as the credit limit is exceeded.
10.3 This regulation does not affect the Customer’s obligation under Clause 7 of this agreement to settle amounts billed promptly.
11. Liability
11.1 FET will only be responsible for damages if a duty carried out under the contract should have the effect of negating the aim of the contract or if the damage is attributable to gross negligence or intent. This shall apply for all damage irrespective of the legal basis and including unauthorised action or error in concluding the contract. This limitation to liability applies both to FET and to its authorised representatives and subcontractors.
11.2 In the case of a violation of a contractual duty for which it bears the blame, the liability of FET, its representatives and sub-contractors for any such damage shall be restricted to damages which typically arise and which should reasonably have been anticipated by FET at the time of concluding the agreement, provided that the contractual violation shall not be due to gross negligence or deliberate act. Furthermore, FET liability shall be limited to a sum not to exceed €5,000.
11.3 The limitation of liability for damage to property, insofar as it has not been deliberately caused, shall be applied as appropriate to each service user.
11.4 All other Customer rights (such as withdrawal, cancellation, reduction) as well as entitlement to damages, irrespective of the legal basis, (such as impracticality, delay, unauthorised action, deliberately ignoring a claim, an error in concluding the agreement, warranty) which not specifically granted herein shall be excluded. FET liability under appropriate product liability laws or other relevant legal provisos remain likewise unaffected.
12. Data Protection
12.1 FET will only record, process or make use of personal information insofar as is permitted by the data protection and telecommunication laws and the data protection act for businesses providing telecommunication services or insofar as the customer has agreed to their recording, processing and use. FET shall be entitled to pass on personal details in accordance with data protection guidelines to its partner companies or in order to effect collection of payments, insofar as legitimate interests of the Customer should not preclude this.
12.2 FET will store connection details in accordance with the provisions of the data protection act applicable to telecommunication provider companies current at any given time, at the time of writing – for 6 months following the despatch of a bill. Insofar as the details may be held for a shorter period or immediately deleted on the instructions of the Customer, FET shall be released from any obligation to present such information in order to prove the accuracy of its invoicing.
12.3 The Customer agrees that his bills may be produced abroad and sent from there. In this case FET shall contractually bind to the provisions of the legal provisions of the data protection regulations the company charged with the production and transmission of the bills.
12.4 FET will maintain telecommunication confidentiality in accordance with legal requirements.
13. Credit Checks
13.1 In the case of business clients FET is entitled to provide data to credit rating and credit checking companies and to seek information from such companies in connection with an application, enrolment and termination of this agreement. If requested by the Customer FET will provide the addresses of the credit rating and checking companies.
13.2 In the case of personal clients, as provided for by law but only on the express agreement of the Customer, FET will seek information as to creditworthiness from third party businesses and will also report any negative information pertaining to breach of contract (e.g. termination due to arrears of payment, distraint orders).
14. Final Provisions
14.1 In order to meet its obligations arising from this agreement FET shall be entitled to engage third party contractors. This shall not imply a contractual relationship between the Customer and the third party contractor. The Customer may only transfer the rights and obligations arising from this agreement to a third party on the prior written agreement of FET.
14.2 Changes and additions to the agreement between FET and the Customer are invariably to be in writing. This applies equally to a waiving of the requirement for the written form itself.
14.3 In the event of any disagreement arising from or in connection with the contractual relationship between FET and the Customer the competent court shall be that at the registered address of the Company (FET) insofar as the Customer is a business person. The competent court shall remain the same even if the Customer does not generally fall into the competency of a Spanish court, after conclusion of the contract moves his registered office or place of residence or usual address away from Spain, or, if his registered office or place of residence or usual address at the time of issuing a summons is unknown. Furthermore FET may prosecute its claims at any court within whose general area of competence the Customer has his registered address.
14.4 The contractual relationship between FET and the Customer shall be governed exclusively by the relevant Spanish law governing contractual relationships between parties in Spain.
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Terms and Conditions of UK TELECOM
CANARY ISLANDS
1. Validity of and Alterations to these Conditions (T&C)
1.1 The following Terms and Conditions (T&C) shall apply to all telecommunication services provided by UK TELECOM CANARY ISLANDS - shown as UKT – (UK TELECOM CIF: B-57165250).
1.2 Customer T&C’s varying from these shall have no validity; they shall also not apply if UKT does not specifically challenge them or if the Customer declares that he wishes only to enter into an agreement under his own T&C.
1.3 UKT will publish the T&C on the internet under www.uk-tele.com and at its business premises. Changes to the T&C, products, services and price lists shall published in this way.
1.4 UKT shall inform the members of alterations to the T&C, products, services and price lists in accordance with the requirements of the law. Such changes will be deemed to have been accepted if the Customer has not challenged them in writing within one month. UKT will make this clear to the Customer when publishing changes.
2. Commencement of Agreement and Right to withhold Service
2.1 A contract between UKT and the Customer shall come into effect as a result of an oral or written application by the Customer and the acceptance by UKT, which may be in written form or through connection of the Customer’s telephone number to the service. For written applications the Customer must use the currently valid version of UKT application proforma. Use of UKT services is conditional on the Customer being of age or having obtained the agreement of his legal guardian.
2.2 UKT reserves the right to:
a) refuse to accept a customer. In particular if the Customer refuses to allow UKT to carry out credit checks, if the result of such a check is unsatisfactory or if the Customer has outstanding debts arising from existing or previous agreements with UKT or its partner companies.
b) to make the provision of telecommunications services conditional on the Customer delivering an appropriate security deposit of not less than one month anticipated or calculated expenditure on telecommunications,
c) after giving due notice to make the provision of telecommunications services conditional on minimum monthly payments calculated to cover its costs.
3. Duration of Agreement, Termination.
3.1 The agreement will exist for an indefinite period. In addition agreements may exist for specific minimum periods. These must be in writing.
3.2 The agreement may be terminated by either party with normal notice of 2 weeks to the end of a month, provided the agreement shall not have been arranged for a minimum period.
3.3 The right of either party to terminate the agreement without notice is not affected. In particular, UKT shall be entitled to terminate the agreement without notice if:
a) the Customer uses the services of UKT other than for their intended purpose, uses them in contravention of the law or if suspicion of such arises;
b) a summons for disclosure of assets is issued against the Customer, if a bankruptcy case is initiated against him, if any such is threatened or if his financial state deteriorates substantially so that it may be anticipated that he would not be able to meet his obligations either temporarily or for an extended period;
c) the Customer repeatedly fails to meet his contractual obligations, in particular if for two consecutive billing periods he fails to pay the amounts billed by UKT or a significant part thereof;
d) the Customer fails to satisfy significant contractual obligations, in particular the submitting of a properly completed application form to UKT in accordance with § 6.4 of these T&C within 4 weeks of being connected to the service or of a change of address;
e) the Customer does not give agreement for UKT to carry out credit checks or if the result should be unsatisfactory;
3.4 Any notice to terminate shall be in writing.
4. Disconnection of the Subscriber Connection
4.1 UKT is entitled, but not compelled, to terminate connection to the service if
a) the Customer is in arrears of payment, a security deposit has been used up and the Customer has been informed of the disconnection having been advised of his right to seek redress before the courts.
b) the amount owed by the customer increases very significantly and/or the suspicion should arise that the Customer is abusing the service, or
c) other conditions warranting disconnection arise, in particular if the Customer has given cause for termination of the agreement without notice.
4.2 UKT can only effect reconnections on weekdays, Mondays to Fridays, between the hours of 9:00 to 16:00. The cost for reconnection of PREPAGO members is 6 euros, which is to be paid along with any outstanding amount owed.
5. Telecommunication services of UKT
5.1 The extent of the service to be provided by UKT arises from UKT service or product description and from the additional information on the application form. UKT service and product description shall be published on the internet and made available for inspection at the offices of UKT.
5.2 In order to meet its obligations to provide the agreed telecommunication services UKT shall rely on prior services to be provided by third parties. In particular, a prior service in this respect is the provision of carrier routes (network availability) to the connection with the relevant network provider. UKT reserves the right to temporarily restrict the telecommunications service in the event of lack of capacity in networks of its providers as well as in the event of faults due to engineering work on providers’ installations. However UKT will request providers to resolve any faults with despatch as far as technically and operationally practicable. The customer shall have no right to compensation except in the case of gross negligence or intent on the part of UKT. The stipulations of Clause 11 of these terms and conditions shall apply in all other respects.
5.3 In so far as UKT is prevented from providing its services by force majeure UKT shall be freed from its service obligation for the duration of the interruption. Interruptions in service due to war, internal conflict, strike and lock-out are included within the definition of force majeure.
5.4 Delivery deadlines and availability times shall be agreed on the proviso that the Customer will provide full and timely cooperation.
6. Customer Responsibilities
6.0 The Customer undertakes not to make telephone calls using the saver prefixes 1051 and 1052 prior to receipt of the activation notification, the “Welcome” confirmation, from UKT.
6.1 The Customer declares that at the time of signing the agreement with UKT he is of age or has obtained the agreement of his legal guardian.
6.2 The Customer shall use the telecommunications services provided by UKT solely in accordance with existing law, in particular in accordance with laws and decrees governing the use of telecommunications. Only those terminal installations which have been passed fit for use under telephone and telecommunication regulations shall be used.
6.3 The Customer undertakes to provide all the conditions and preparations in the area of his home or business as may be previously specified by UKT as essential to fulfilling the contract. In particular the availability of all information and records necessary to the completion of the contract to employees of UKT, and of any companies subcontracted by UKT, who are to collaborate in the fulfilment of the contract, and to use any installation provide by UKT only in accordance with the operational instructions provided by UKT.
6.4 When installing routers the Customer will ensure that in the case of leased telecommunications equipment, the appropriate service technician of the maintenance firm responsible for maintaining the installation is present to resolve without delay, any faults which may occur. If the service technician should not be available at the time agreed, and the Customer nevertheless requires the router to be installed, UKT shall not be held liable for any damage caused to the telecommunication installation which could have been avoided by timely intervention of the service technician. Companies subcontracted by UKT with the installation of the router are not authorised to undertake work on the Customer’s telecommunication installation.
6.5 The Customer will appraise UKT of any change to his name, home address, billing address, telephone number, bank details or other details material to his application or to the bills sent out by UKT. This applies equally to business customers in relation to changes to the company, its legal constitution, registered address, billing address, telephone number, bank account details or other details relevant to the contractual agreement.
7. Presentation of Bills, Payment Conditions
7.1 The Customer will be billed by UKT for services delivered. As a rule, bills will be presented monthly. The customer can chose either to be billed per e-mail (free of charge) or per post (0, 99 euro). However, in the case of very small accounts, UKT reserves the right to bill two or three-monthly.
7.2 The Customer undertakes to pay the billed amounts, which shall be derived from the currently valid version of the pricelists as published by UKT. Value added tax at the prevailing rate will be applied by UKT at the time of issuing the bill.
7.3 The amounts billed by UKT shall be due and payable on presentation of the bill, or, for direct debit payments, on presentation of the direct debit authority.
7.4 In case of re-requesting of the Invoice sum from the members bank due to insufficient funds in their account, a default fee of 6 Euro will be charged.
7.5 In the case of delayed payment interest at European Central Bank base rate plus 6% will be applied from the due date in addition to reminder fees or collection charges but without prejudice to UKT right to demand damages exceeding such amounts. The Customer retains the right to demonstrate reduced delayed payment damages to be appropriate.
7.6 Any objections to the bills from UKT must be lodged in writing to UKT by the Customer within 4 weeks of receipt. Should the customer raise no objection within this time frame this shall signify the Customer agreement concurrence with the amount billed. It shall be incumbent on the Customer to demonstrate that the bill is erroneous. In as much as UKT shall have deleted relevant data because of a legal requirement or on the express instructions of the Customer prior to the lodging of an objection, UKT shall not be responsible for proving the accuracy of the invoice total.
7.7 Repayment demands by the Customer for overpaid amounts, for double payments, etc. shall be credited to the Customer’s account for settlement against the next invoice due.
7.8 If the Customer has elected to pay by direct debit and a direct debit is recalled, the Customer shall make good any costs incurred by UKT.
8. Settling of Accounts and Retention Rights
8.1 The Customer is not entitled to set off any claims of his own against the demands of UKT arising from telecommunications services provided except where such claims are agreed or have been legally established.
8.2 Likewise the Customer may only withhold part or full payment in the case of counter claims which have either been agreed or established in law.
9. Involvement of Third Parties in the Agreement
9.1 The Customer may only re-sell the use of the service to third parties with the prior express written permission of UKT or, if a separate agreement is concluded between UKT and the third party for the use of the service.
9.2 The Customer is responsible for the payment of all billed items arising out of the use of the connection whether by authorised or unauthorised persons.
9.3 In as much as the Customer should authorise a third party to receive bills on his behalf, the Customer agrees that such third party shall have declaratory power in respect of a bill and be authorised to receive the appropriate explanations from UKT.
9.4 Neither the connection nor its use is transferable.
10. Credit Limit
10.1 UKT may set a maximum account total (credit limit) for the Customer for the use of the service. At the written request of the Customer UKT shall inform him of the amount of the credit limit.
10.2 UKT is entitled, but not obligated, without notice to curtail the continued use of telecommunications services whenever and for as long as the credit limit is exceeded.
10.3 This regulation does not affect the Customer´s obligation under Clause 7 of this agreement to settle amounts billed promptly.
11. Liability
11.1 UKT will only be responsible for damages if a duty carried out under the contract should have the effect of negating the aim of the contract or if the damage is attributable to gross negligence or intent. This shall apply for all damage irrespective of the legal basis and including unauthorised action or error in concluding the contract. This limitation to liability applies both to UKT and to its authorised representatives and subcontractors.
11.2 In the case of a violation of a contractual duty for which it bears the blame, the liability of UKT, its representatives and sub-contractors for any such damage shall be restricted to damages which typically arise and which should reasonably have been anticipated by UKT at the time of concluding the agreement, provided that the contractual violation shall not be due to gross negligence or deliberate act. Furthermore, UKT liability shall be limited to a sum not to exceed € 5,000.
11.3 The limitation of liability for damage to property, insofar as it has not been deliberately caused, shall be applied as appropriate to each service user.
11.4 All other Customer rights (such as withdrawal, cancellation, reduction) as well as entitlement to damages, irrespective of the legal basis, (such as impracticality, delay, unauthorised action, deliberately ignoring a claim, an error in concluding the agreement, warranty) which not specifically granted herein shall be excluded. UKT liability under appropriate product liability laws or other relevant legal provisos remain likewise unaffected.
12. Data Protection
12.1 UKT will only record, process or make use of personal information insofar as is permitted by the data protection and telecommunication laws and the data protection act for businesses providing telecommunication services or insofar as the customer has agreed to their recording, processing and use. UKT shall be entitled to pass on personal details in accordance with data protection guidelines to its partner companies or in order to effect collection of payments, insofar as legitimate interests of the Customer should not preclude this.
12.2 UKT will store connection details in accordance with the provisions of the data protection act applicable to telecommunication provider companies current at any given time, at the time of writing – for 6 months following the despatch of a bill. Insofar as the details may be held for a shorter period or immediately deleted on the instructions of the Customer, UKT shall be released from any obligation to present such information in order to prove the accuracy of its invoicing.
12.3 The Customer agrees that his bills may be produced abroad and sent from there. In this case UKT shall contractually bind to the provisions of the legal provisions of the data protection regulations the company charged with the production and transmission of the bills.
12.4 UKT will maintain telecommunication confidentiality in accordance with legal requirements.
13. Credit Checks
13.1 In the case of business clients UKT is entitled to provide data to credit rating and credit checking companies and to seek information from such companies in connection with an application, enrolment and termination of this agreement. If requested by the Customer UKT will provide the addresses of the credit rating and checking companies.
13.2 In the case of personal clients, as provided for by law but only on the express agreement of the Customer, UKT will seek information as to creditworthiness from third party businesses and will also report any negative information pertaining to breach of contract (e.g. termination due to arrears of payment, distraint orders).
14. Final Provisions
14.1 In order to meet its obligations arising from this agreement UKT shall be entitled to engage third party contractors. This shall not imply a contractual relationship between the Customer and the third party contractor. The Customer may only transfer the rights and obligations arising from this agreement to a third party on the prior written agreement of UKT.
14.2 Changes and additions to the agreement between UKT and the Customer are invariably to be in writing. This applies equally to a waiving of the requirement for the written form itself.
14.3 In the event of any disagreement arising from, or in connection with the contractual relationship between UKT and the Customer the competent court shall be that at the registered address of the Company (UKT) insofar as the Customer is a business person. The competent court shall remain the same even if the Customer does not generally fall into the competency of a Spanish court, after conclusion of the contract moves his registered office or place of residence or usual address away from Spain, or, if his registered office or place of residence or usual address at the time of issuing a summons is unknown. Furthermore UKT may prosecute its claims at any court within whose general area of competence the Customer has his registered address.
14.4 The contractual relationship between UKT and the Customer shall be governed exclusively by the relevant Spanish law governing contractual relationships between parties in Spain.
