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Terms & Conditions

Last Modified: 22/09/2021

1. Definitions & Interpretations

1.1 Account - means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

1.2 Call Charge Balance - The Balance of Call Credit that the Customer has added to their Account. This is on a pre-pay basis. Calls cannot be forwarded without positive call credit on the Customer's Account.

1.3 Automatic Top Up - When the Customer's call credit reaches a minimum balance, (automatically set at £10) call credit will be added automatically from the Customer's pre-selected debit/credit card.

1.4 Call Forwarding - The forwarding of calls that are received via a number subscription from NODEMAX LTD to a specified destination. This is also known as call routing, call transfer or call divert.

1.5 Call Management Packages - A package of features added to your account for use on all numbers. Call management is charged separately from that of the Number or forwarding number.

1.6 Charges - The charges payable by the Customer for the supply of Services in accordance with Condition 3.

1.7 Customer - The person or business that subscribes to Services from NODEMAX LTD.

1.8 Contract - The contract between NODEMAX LTD and the Customer for the supply of the Services in accordance with these Conditions.

1.9 Hotchilli Cloud Dashboard - The online control panel developed by NODEMAX LTD, to enable a Customer to access their Account and manage all aspects of their Service.

1.10 Number/Numbers - Means one or more NODEMAX LTD telephone numbers which are allocated to a Customer or end user.

1.11 NodeMax Ltd - NODEMAX LTD Limited, a company incorporated and registered in England and Wales with company number 6127089, whose registered office is at 75 Springfield Road, Chelmsford, Essex, CM2 6JB.

1.12 NodeMax Ltd's Website - https://hotchilli.com

2. Basis of Contract

2.1 The Order constitutes an offer by the Customer to subscribe to Services in accordance with these Conditions, ordered via NODEMAX LTD'S website.

2.2 The Order shall only be deemed to be accepted when NODEMAX LTD issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).

2.3 The Contract constitutes the entire agreement between the parties.

2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate.

2.5 If the Customer is contracting as a consumer, the Customer has certain rights under the Consumer Protection (Distance Selling) Regulations 2000. The Customer may cancel a Contract at any time within seven working days, beginning on the Commencement Date, unless NODEMAX LTD have already begun to provide the Services.

3. Supply of Services

3.1 NODEMAX LTD shall supply the Services to the Customer in accordance with the details set out in the Order in all material respects.

3.2 NODEMAX LTD shall use all reasonable endeavors to meet any performance dates that may or may not be specified, but any such dates shall be estimates only.

3.3 NODEMAX LTD shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement.

4. Provision of Services

4.1 Numbers and Call Management Services are added to the Customer's account, immediately upon payment.

4.2 There is no minimum period that the Customer is obliged to use their Numbers or Call Management Services for.

4.3 Services are supplied subject to all of the limitations of the Telecommunications Network as are generally accepted by the industry.

5. Customer Responsibilities

6.1 The Customer shall:

  • Be responsible for checking that any Number or Call Management Service that has been allocated to the Customer's Account is set up and operates properly
  • Ensure that the required Information provided to NODEMAX LTD is accurate and complete
  • Ensure that any Number allocated to them is not used in an unlawful, improper or damaging manner
  • Ensure that their login is kept secure

6. Payments & Charges

7.1 The charges shall be calculated in accordance with the details published on NODEMAX LTD's website from time to time. All charges are shown exclusive of VAT unless stated otherwise.

7.2 All charges are payable in advance of the provision of Services.

7.3 Payment must be made via credit card/debit card. No other forms of payment will be accepted.

7.4 NODEMAX LTD reserves the right to adjust the charges for its Services as it sees fit.

7. Limitation of Liability

9.1 Nothing in these Conditions shall limit or exclude NODEMAX LTD's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation.

9.2 Subject to Condition 9.1, NODEMAX LTD shall not be liable to the Customer for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.

8. Termination of Contract

12.1 NODEMAX LTD may terminate the Contract with immediate effect by giving notice to the Customer if the Customer is in material breach of the terms of these Conditions.

12.2 A Customer may terminate the Contract at any time by email notification to support@hotchilli.com.

9. General

14.13 This Contract shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Contact Information

NodeMax Ltd
75 Springfield Road
Chelmsford
Essex
CM2 6JB
Email: support@hotchilli.com