Terms & Conditions

1. Definitions

In these Terms and Conditions, the following words and expressions have the meanings set out below:

“Agreement” means the contract between you and us, comprising the Purchase Order, the Network Airtime Agreement, these Terms and Conditions, and any further conditions relating to specific services.

“Customer” or “you” means the person or company entering into this Agreement and receiving the Equipment.

“Equipment” means any equipment supplied by us to you that is approved for connection to the airtime network, together (where applicable) with a SIM card and accessories.

“Minimum Period” means the period of service as specified in the Service Agreement, running from the date of the verification call until the expiry of the agreement with the Nominated Airtime Provider.

“Nominated Airtime Provider” means the company nominated by us to provide airtime to you on the tariff agreed prior to entering into this Agreement.

“Service Agreement” means the terms, services, and tariff agreed by you and accepted by recorded telephone call. The Service Agreement becomes legally binding from the date of the verification call.

“Supplier”, “us”, or “we” means Fusion Business Communications Ltd, registered in England and Wales.

2. The Agreement and Order

2.1 Quotations
A quotation issued by us does not constitute an offer and may be withdrawn or revised at any time before we accept your order. Any order you place with us constitutes an offer to acquire Equipment or services on these Terms and Conditions, and we retain full discretion to accept or reject any order.

2.2 Authorisation and Verification
Our sales representatives are trained to confirm that the individual entering into the Service Agreement on behalf of the Customer is duly authorised to do so. Unless otherwise rebutted, it will be assumed that:
• Directors and Partners have actual authority.
• A Company Secretary or equivalent has apparent authority.

Our representatives will also ensure you fully understand the extent and nature of the Service Agreement and your intention to contract with Fusion Business Communications Ltd. Before our representative leaves your premises, a designated member of our team will carry out a verification call to confirm the information provided. This call constitutes the basis of the Service Agreement and may be recorded for training and monitoring purposes.

2.3 Binding Agreement
By entering into this Agreement, providing a Purchase Order, and continuing to make payments, you confirm that you will abide by these Terms and Conditions.

2.4 Equipment Specification
You are responsible for ensuring that the Equipment you purchase is of the correct specification for its intended use and location. We reserve the right to make changes to Equipment specifications where required to meet applicable safety or statutory requirements, or to reflect changes in manufacturer specifications, provided such changes do not materially reduce the quality or performance of the Equipment.

2.5 Duration
This Agreement is operative for the Minimum Period.

2.6 Ownership of Equipment
Equipment (other than the SIM card) remains our property unless purchased outright and fully paid for at the time of delivery. Title in the Equipment passes to you on expiry of the Service Agreement. Any Equipment or kit funds can only be converted to cash at our sole discretion, and a charge may apply. Equipment and kit funds will not be released before the Minimum Period has been completed unless prior written agreement has been made by the Managing Director of Fusion.

2.7 Sole Supplier
You agree that during the term of this Agreement you will purchase all Equipment of any kind from us at the prices set out in your Agreement. We are your sole supplier of Equipment for the duration of this Agreement.

2.8 Third Party Termination or Upgrade
You agree that during the term of this Agreement you will not terminate or upgrade the Service Agreement through any outside third party. Should you do so, the termination provisions set out in clause 10 will apply.

2.9 Information
You will provide us with such information and documentation as may reasonably be required to implement this Agreement or the Service Agreement.

2.10 Auto-Renewal
Once your Minimum Period is completed and you are more than three months out of contract, we reserve the right to automatically renew your Agreement for a minimum of 12 months at current rates (plus any applicable RPI increase) to ensure continuity of service. You agree to sign any electronic or paper contract we send to confirm this. If you do not renew for the minimum period, we may terminate all services with immediate effect at our discretion, and all contractual obligations will apply as if the Agreement had been renewed.

3. Prices

3.1 Quoted Prices
The prices for Equipment will be those set out in our quotation. Where no price has been quoted, or a quoted price is no longer valid, the price will be that set out in our current price list at the time of dispatch, accepted by you in writing.

3.2 Price Changes
We reserve the right at any time to withdraw any discount and/or revise prices to reflect increases in costs, including but not limited to goods, materials, carriage, labour, overheads, taxes, duties, and exchange rate variations.

3.3 Exclusions
Unless otherwise specified, quoted prices are exclusive of the costs of transport, insurance, VAT, customs duties, and all other applicable taxes and charges.

3.4 RPI Increases
We reserve the right to increase prices for any directly billed Fusion services at least once annually in line with the Retail Price Index (RPI) plus 3%. We will write to you if this increase exceeds 5%. If the increase is below 5%, it will take effect between January and March each year and be reflected on your bill. For network-billed services, refer to your network-specific contract.

3.5 Installation Costs
The cost of fitting Equipment is only included in the price where this is expressly stated in the written quotation or invoice.

4. Payment Terms

4.1 Invoicing
Subject to any special terms agreed in writing, we are entitled to invoice you and you must pay for Equipment either on collection or prior to dispatch or delivery. Where installation costs are included, payment is required when your order is accepted in writing by us.

4.2 Failure to Pay
Time is of the essence in this Agreement. If you fail to make any payment on the due date, we are entitled, without recourse to the courts, to:
• Require immediate payment of all outstanding sums.
• Cancel this Agreement.
• Delay or suspend any current or future orders.

4.3 Direct Debit
All mobile and landline services must be paid monthly (line rental in advance, calls on a month-by-month basis) and by Direct Debit. If payment is withheld or the Direct Debit is removed without our prior agreement, services may be suspended until the payment method is reinstated.

4.4 Late Payment Interest
Interest is payable on all overdue amounts at a daily rate of 3% above the base lending rate of Lloyds Bank PLC, accruing from the due date until receipt of payment in full, whether before or after judgement. You will also indemnify us and pay on demand any reasonable costs we incur in recovering overdue amounts.

4.5 Kit Funds
Kit Funds (as confirmed on your Purchase Order) are held on account with Fusion and may be used to purchase new Equipment that we stock at our quoted kit fund prices. We do not match internet prices or prices for non-UK stock. The following conditions apply:
• Unused funds may be drawn upon once the Minimum Period is completed and must be used within three months of the Agreement ending.
• After three months, any unused fund may only be applied by being rolled into a new contract of at least 24 months.
• Drawing kit funds as cash prior to the end of the Minimum Period is solely at our discretion and subject to a transaction fee.
• If you exit your Agreement before the end of the Minimum Period, any unused kit fund will be forfeited.

5. Delivery, Risk and Title

5.1 Delivery Dates
All delivery dates provided in any quotation, order, acceptance, or elsewhere are estimates only and are not of contractual effect. We will not be liable for failure to deliver on any particular date, and delay in delivery shall not be grounds for cancellation.

5.2 Risk
Once Equipment has been delivered to you as specified in the order, collected by you, fitted, or passed to any carrier or transport arranged by you, all risk of damage to or loss of the Equipment passes to you.

5.3 Title
Ownership of Equipment does not pass to you until:
1. You have purchased the Equipment outright and we have received payment in full at the time of delivery; or
2. You have made all payments due under your agreement with the Nominated Airtime Provider for the full Minimum Period, where Equipment was provided on the basis of entering into that agreement.

Until title passes, you hold the Equipment on our behalf, must keep it safe and identified as our property, and we reserve the right to request its return at any time.

5.4 Blacklisting
If you fail to pay your first two invoices issued by the Nominated Airtime Provider, and we supplied a mobile phone or smartphone on the basis that you enter into and comply with that agreement, we reserve the right to blacklist the device on the Central Equipment Identity Register (CEIR).

6. Warranties, Replacements and Returns

6.1 Manufacturer Warranty
Where Equipment is new, it is supplied with the benefit of the relevant manufacturer’s warranty and guarantee, subject to the limitations below.

6.2 Warranty Exclusions
No liability will be accepted for defects resulting from:
• Fair wear and tear.
• Accidental or wilful damage.
• Negligence.
• Water or liquid damage.
• Abnormal working conditions.
• Failure to follow manufacturer instructions.
• Misuse, unauthorised alteration, or repair without manufacturer approval.

No warranty claim will be accepted where the purchase price has not been paid and title has not passed.

6.3 Making a Warranty Claim
To make a valid warranty claim, please contact our Customer Services team on 01543 225877. You must then return the Equipment in its original packaging, including all original accessories, by Royal Mail Special Delivery to:

Fusion Business Communications Ltd
The Threshing Barn, Blakenhall Park, Bar Lane, Barton under Needwood, DE13 8AJ

Royal Mail Special Delivery provides insurance cover in the event of loss or damage in transit. You may need to purchase additional insurance depending on the value of the Equipment.

6.4 Warranty Remedy
Where a valid warranty claim is made, we will, at our or the manufacturer’s discretion, repair or replace the Equipment free of charge, or refund the price paid (or a proportionate part based on age and condition). This will be the full extent of our liability.

6.5 Data Backup
You are solely responsible for backing up any important data stored on Equipment prior to returning it for repair or replacement. We will not be liable for any loss of data, including downloaded content, as a result of repair or replacement.

6.6 Statutory Rights
The provisions of this clause do not affect your statutory rights.

7. Exchanges and Refunds

It is not our standard policy to exchange Equipment or provide a refund where you are dissatisfied unless we are required to do so by law. In certain circumstances, and at our absolute discretion, we may be prepared to consider an exchange or refund.

8. Liability

8.1 No Exclusion for Death or Personal Injury
Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury resulting from our negligence or that of our employees, agents, or subcontractors.

8.2 Limitation of Liability
Subject to clause 8.1, we will not be liable to you in contract, tort, or otherwise for any loss of business, contracts, profits, anticipated savings, costs, or indirect or consequential loss of any kind arising directly or indirectly from the supply of Equipment or airtime where this is prevented, delayed, or made uneconomic by circumstances beyond our reasonable control, including but not limited to:
• Acts of God, war, or civil disturbance.
• Network outages, strikes, or industrial disputes.
• Breakdown of plant, machinery, or infrastructure.
• Fire, flood, storm, or severe weather.
• Difficulty in obtaining workmen, materials, or transport from normal sources.

8.3 Severability
Each exclusion or limitation of liability in this clause operates independently. If any part is found to be unenforceable in a particular circumstance, all other parts remain in full force and effect.

9. Early Termination Charges from Previous Provider

Where, as part of this Agreement, we agree to cover an Early Termination Charge payable by you to a previous Nominated Airtime Provider, our liability is limited to the actual Early Termination Charge of that provider only. We are under no obligation to cover any other costs or charges arising from early termination of your previous agreement, including (but not limited to) charges from any other third party, unless specifically verified and confirmed in the telephone call accepting this Agreement.

10. Termination

10.1 Termination of Airtime Agreement
If your Nominated Airtime Provider ends its agreement with you (including for non-payment during the Minimum Period), or you terminate the airtime agreement for any reason within the Minimum Period, you must:
• Discharge all liability to your Nominated Airtime Provider.
• Return the Equipment (unless purchased outright) to us at the address in clause 6.3, in the manner described in that clause; or retain the Equipment and pay us its purchase price (or a proportionate part based on age and condition).

All Equipment remains the property of Fusion Business Communications Ltd until your network term has been fulfilled or your full network buyout is paid, at which point we may agree to pass title.

10.2 Termination of Agreement with Us
Once a Purchase Order or e-mail confirmation is provided and/or a network agreement is signed by an authorised individual (including electronically, on letterhead, or by recorded telephone call), there is no option to cancel this Agreement without incurring a charge equivalent to the full charges for the Minimum Period.

10.3 Notice
Either party may terminate this Agreement at the end of the Minimum Period by giving not less than 30 days’ written notice, to take effect on or at any time after the end of the Minimum Period.

10.4 Early Termination Charges
If you terminate this Agreement, or your agreement with the Nominated Airtime Provider, before the end of the Minimum Period, you agree to pay us a cancellation charge calculated as:

Number of months remaining in the Minimum Period x monthly rental paid immediately prior to termination

In addition, if you terminate any agreement with Fusion before the Minimum Period ends, we reserve the right to immediately claw back any investment in hardware, credit, kit fund, or other financial contribution, or charge £250 per connection (whichever is greater), with full payment due within 7 days. This is in addition to any network contractual charges. Network contractual charges are always payable regardless of circumstances. If the full contract minimum payment has been made, we may, at our absolute discretion, waive these fees.

10.5 Fixed Line and Hosted Services
For fixed line or hosted agreements, porting numbers to another provider will incur a charge of £15 per number, charged to your final bill or invoiced separately. Unless 30 days’ written notice is given, all fixed line, hosted, and connectivity accounts with more than 10 employees will auto-renew for 12 months on the anniversary date to ensure continuity of service.

10.6 Mobile Device Management (MDM)
For MDM services, 30 days’ written notice is required prior to your renewal date. Where no notice is given, services will automatically renew for 12 months. Without this notice, devices will enter a restricted state and become unusable. MDM must be removed from all devices within the notice period. If this removal is carried out by a Fusion team member, professional services charges will apply.

11. Data Protection

11.1 General
All personal data we hold about you will be processed in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Data (Use and Access) Act 2025. Such data will be used to provide the services set out in this Agreement and the Service Agreement with your Nominated Airtime Provider, and for directly related purposes.

11.2 Third Party Disclosure
We will not share your personal data with third parties without your consent, except where:
• Such transfer is a necessary part of delivering our services.
• We are required to do so by law.
• We share information for the purpose of managing and administering our relationship with Nominated Airtime Providers.

11.3 Marketing
We may wish to use information about you and your use of the Agreement to contact you, by post, e-mail, telephone, or digital means, about products, services, and offers from us and carefully selected third parties. By accepting these Terms and Conditions, you consent to this. If you do not wish to receive marketing communications, please write to us at:

Fusion Business Communications Ltd, Blakenhall Park, Barton under Needwood, DE13 8AJ

stating your full name, address, and account or agreement number.

11.4 Law Enforcement
Where we receive a lawful request from the police or a regulatory authority investigating suspected illegal activities, we may be required to disclose your information or your activity on the network. We also reserve the right to disclose information to third parties where a complaint arises concerning your use that is deemed inconsistent with these Terms and Conditions or those of your Nominated Airtime Provider.

11.5 Your Rights
You have the right to access the personal data we hold about you. For any queries regarding your data rights, please contact us at the address above or at contact@fusion-comms.co.uk.

12. Complaints

If you wish to make a complaint about the service we provide, our complaints procedure will be initiated upon receipt of a written complaint submitted by e-mail to:

The Legal Department, Fusion Business Communications Ltd
contact@fusion-comms.co.uk

13. Device Replacement Scheme

As a condition of this Agreement (unless you have opted out during the verification call), you are required to participate in our Device Replacement Scheme on its standard terms and conditions. This scheme covers the costs of repair or replacement of Equipment in the event of theft or damage.

14. General

14.1 Waiver
Failure by us to exercise or enforce any right under this Agreement does not constitute a waiver of that right, nor does it prevent us from exercising or enforcing it at any later time.

14.2 Notices
Any notice required to be sent to us must be in writing and may be delivered by hand or first class post to the address in clause 6.3, or by e-mail to contact@fusion-comms.co.uk. Notices sent by first class post will be deemed delivered 24 hours after posting. Notices delivered by hand or e-mail will be deemed delivered the day after sending. We may send notices to you at the address or e-mail address shown in your order or subsequently provided to us.

14.3 Severability
If any provision of these Terms and Conditions is found to be void, illegal, or unenforceable by a court of competent jurisdiction, all other provisions will remain in full force and effect. If any provision is found to be invalid only in specific circumstances, it will continue to apply in all other circumstances.

14.4 Third Party Rights
Third parties may not benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999. You may not assign any of your rights under this Agreement without our prior written consent.

14.5 Governing Law
This Agreement is governed by and construed in accordance with the laws of England and Wales. Any dispute arising under or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.

14.6 Entire Agreement
This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all previous agreements, representations, and understandings.