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Phonate Numbers Terms &
Conditions
1. Explanation
In these Terms and Conditions:
CONTRACT means the contract between Phonate Telecom and the
Customer for the provision of Phonate Telecom Services.
CUSTOMER (also referred to as "You" in these
Terms and Conditions) means any individual or legal person to whom Phonate
Telecom provides Phonate Telecom Services in accordance with these Terms and
Conditions.
CUSTOMER SERVICE means the provision of a customer support
team dedicated to problem solving for Number Services via the Phonate Telecom
helpdesk, by email or by telephone.
FORCE MAJEURE means any circumstances beyond the control of
Phonate Telecom or the Customer (including, without limitation, any external
network failure, technical limitation, power failure, change in regulations,
strike or other industrial action).
GEOGRAPHIC NUMBER means a telephone number with a geographical
area prefix. Examples of Geographic Number prefixes in the UK are 0207 (London).
NON-GEOGRAPHIC NUMBER means a telephone number without a
geographical area prefix and which does not relate to a specific geographic
area. Examples of non-geographic numbers in the UK are numbers with the prefixes
0800, 0845, 0843, 0844, 0870 and0871.
NUMBER means a Geographic Number, Non Geographic Number or
Premium Rate Number.
PHONATE TELECOM (also referred to as "We",
"Us" in these Terms and Conditions) is a trading name of inTouch
Communication Services Limited.
PHONATE TELECOM WEBSITE means www.phonatetelecom.co.uk
PHONATE TELECOM SERVICES means the Numbers or Other Services
offered by inTouch on the Phonate Telecom Website
NUMBER SERVICE means any call or data management service
available on the Phonate Telecom Website, including any associated customer
support service.
OFCOM means the Office of Communications or equivalent
statutory body appointed to oversee the telecommunications industry.
PHONEPAYPLUS is the organisation responsible for regulating
the content, promotion and overall operation of premium rate services in the UK.
PREMIUM RATE NUMBER means a number with the prefix 09
designated for the provision of Premium Rate Services and offering some form of
content, product or service that is charged to the user's telephone bill.
PREMIUM RATE SERVICE means a telephone service as prescribed
by Section 120 of the Communications Act 2003, which offers contents, products
or services that are charged to the user's telephone bill.
STANDARD CHARGES means the charges for Phonate Telecom
Services shown on the Phonate Telecom Website or other published literature
from time to time.
inTouch means inTouch
Communication Services Limited whose place of business of 63, Green Dragon
Yard, Old Montague Street,
London E1 5NJ.
The headings in these Conditions are for convenience only and shall not affect
their interpretation.
2. Placing and confirming an order for Phonate Telecom services
2.1. Orders for Phonate Telecom Services may be placed by telephone, in
writing or via the Phonate Telecom Website. When an order has been placed we
will contact you to check details and take payment.
2.2. All orders placed with Phonate Telecom are subject to these Terms and
Conditions.
2.3. Phonate Telecom will not confirm acceptance of any order unless:
- We have spoken to you in
person or by telephone and have checked all relevant details;
- We have taken payment in
full for the Phonate Telecom Services you require, or we have agreed in
writing to supply on credit, in which case payment in full is due within
30 days of our invoice.
2.4. Acceptance of your order will be confirmed by an email sent to the
address you have provided. Your Phonate Telecom Services will then be
activated, normally on the same working day.
2.5. Our written confirmation of acceptance of your order creates a legally
binding Contract between us.
2.6. Unless otherwise agreed (and always subject to these Terms and
Conditions) the Contract is for a renewable minimum term of 12 months. The
Contract will be renewed automatically for a further 12 months at the end of
each 12 month term unless you give written notice of termination at least one
month before the expiry of the 12 month term.
2.7. If within 14 days of placing an order for Phonate Telecom Services you
are for any reason not entirely satisfied with your decision, you may cancel
the order and we will return the initial fee paid by you (if any).
3. Pricing and Payment
3.1. The Standard Charges payable for Numbers and Number Service are set out
in the Phonate Telecom Website. All prices exclude Value Added Tax unless
otherwise indicated.
3.2. Subject to any special terms agreed, the Customer shall pay Phonate
Telecom's Standard Charges and any agreed additional sums, including VAT and
any applicable bank charges as they fall due, for the provision of the required
Phonate Telecom Services.
3.3. Phonate Telecom shall be entitled to vary its Standard Charges from
time to time by giving not less than one month's written notice to the
Customer. New tariffs for international fixed and mobile termination are set
each month and these tariffs will be reflected immediately in your charges.
3.4. We reserve the right to change an annual renewal fee for any Number or
Number Service.
3.5. If payment for Phonate Telecom Services is not made on the due date,
Phonate Telecom shall be entitled, without limiting any other rights it may
have:
- To charge interest on the
outstanding amount (both before and after any judgment) at the rate of 5%
above the Bank of England base rate from time to time from the due date
until the outstanding amount is paid in full; and/or
- To suspend or disconnect
the Phonate Telecom Services for which payment is overdue, and/or cancel
your contract.
3.6. If we do suspend or disconnect any Phonate Telecom Service as a result
of a Customer's failure to pay on the due date, we reserve the right to make a
resumption of service and/or reconnection charge, and such suspension or
disconnection shall be without limitation or reduction of your obligations
under your contract.
3.7. Call time (for example billable minutes for mobile / international call
routing) purchased on a pre-paid basis such as call credit "top ups"
is refundable only within 90 days from the time of purchase.
4. Customer's Obligations
4.1. In addition to agreeing to pay Phonate Telecom's Standard Charges and
any other applicable charges, you warrant and undertake that your use of the
Phonate Telecom Services will comply with these Terms and Conditions and with
any applicable legislative and regulatory provisions.
4.2. You acknowledge and agree to be bound by the terms of our privacy
policy, a copy of which can be obtained from the Phonate Telecom Website.
4.3. It is the Customer's responsibility to visit the Phonate Telecom
Website regularly to check for any notices which may have been posted.
4.4. In the case of any Customer who is an individual about whom we process
personal data (as defined by the Data Protection Act 1998), you agree that we
may use such data for the purpose of our business and to provide you with
details of our other products which may be of interest you.
4.5. You will not use Phonate Telecom Services for any illegal purpose and
shall indemnify and keep so indemnified inTouch in respect of any liability
howsoever incurred as a result of any unlawful or illegal usage of the Phonate
Telecom Services supplied to you.
4.6. You must not resell, transfer, assign or sublet any Phonate Telecom
Service to a third party or permit the use of any Phonate Telecom Service by a
third party, irrespective of whether you obtain any benefit in return. You
shall indemnify InTouch and shall hold InTouch harmless against any and all
claims by third parties arising directly or indirectly from the reselling,
transfer, assignment, subletting or use of any Phonate Telecom Services that
were provided to you.
4.7. You are responsible for maintaining the confidentiality of the username
and/or password assigned to you on registration. As a result you are fully
responsible for all acts or omissions during any access of the Phonate Telecom
Website or Phonate Telecom Service when using your username and/or password,
whether or not the username and/or password has been used unlawfully by a third
party.
4.8. You must notify us immediately if you become aware of any unauthorised
use of your username and/or password.
4.9. You must not do any act nor omit to do any act or allow anyone else to
do any act or omit to do any act in contravention of the any of provisions of
the Communications Act 2003 or any other similar rules relating to usage of
communications systems laid down by Ofcom and PhonepayPlus.
4.10. You must not use any Phonate Telecom Service or allow any other person
to use any Phonate Telecom Service to:
- Commit or encourage a
criminal offence;
- Send or receive any
material which is or may be construed as offensive, abusive, indecent,
obscene, menacing, in breach of confidence, copyright, privacy or any
other rights;
- Do anything which is
contrary to the acceptable use policies of any connected networks and
internet standards;
- Deliberately, knowingly or
recklessly transmit or distribute a virus;
- Hack into or disrupt any
aspect of the Phonate Telecom Service;
- Cause annoyance to any
other users of the Phonate Telecom Website or Phonate Telecom Services;
- Infringe the intellectual
property rights of any other person whether in statute or common law,
whether registered or not;
- Obtain unauthorised access
to any computer or service, or to circumvent, or attempt to seek to
circumvent, any of the security safeguards of the Phonate Telecom Website
or any of our suppliers' websites.
4.11. Your must act fairly and responsibly in your use of Number Services,
and in particular you must avoid any excessive, unnecessary, wasteful,
frivolous or otherwise unreasonable use of Phonate Telecom customer support
services.
4.12. If you breach any of the conditions in this clause we reserve the right
to terminate your Phonate Telecom Services immediately without compensation, in
addition to any other rights reserved to us in these Terms and Conditions.
5. Cancellation and discrepancy of the contract
5.1. We reserve the right to suspend or disconnect services indefinitely, or
cancel the Contract for the supply of Phonate Telecom Services, if:
- You have placed an order
for a Number or Number Services, any part of which in our opinion is
incomplete, inaccurate, false or fraudulent;
- Any part of the Numbers or
Number Services you have ordered was listed on the Phonate Telecom Website
at an incorrect price due to a typographical error or an error in the
pricing information received by us from our supplier;
- You fail to pay our
Standard Charges or any other agreed charges;
- In our reasonable opinion
you are in breach of any of the condition in clauses 4.5 to 4.11 above;
- For reasons outside our
control we cannot continue to provide the Phonate Telecom Service(s) in
question.
5.2. If we do cancel your contract we will notify you by email and if
appropriate we will credit to your account any sum deducted by us from your
credit or debit card as soon as possible but in any event within 30 days of
your order. We will not be obliged to offer any additional compensation. We
reserve the right to charge you a higher price for the Number or Number Service
in the event of reactivation of your account, or creation of a new account,
following termination of your Contract for any reason.
5.3. If a Number or Number Service remains unused for any period of 90 days,
we reserve the right to withdraw the Number Service and recover any associated
Number(s). If we recover a Number we will refund up to 50% of the initial cost
of that Number.
5.4. If a Number is withdrawn by Ofcom or PhonepayPlus or any of our
suppliers for reasons beyond our control we reserve the right to withdraw the
Number Service and recover the Number(s) associated with the Number Service
from you immediately. We will use our reasonable endeavours to supply you with
another Number which is acceptable to you.
5.5. We reserve the right to amend, correct or make changes to these Terms
and Conditions from time to time. Any such amendments, corrections or changes
will be notified to you in writing and will become effective 30 days after
notification.
6. Limitation of liability
6.1. Phonate Telecom undertakes to supply the Numbers and Number Services to
the Customer with reasonable care and skill, but does not warrant or undertake
that the Numbers or Number Service will operate without fault or interruption.
6.2. Phonate Telecom cannot guarantee the quality of products or services
provided by third parties which affect the quality of Phonate Telecom Services.
However, we will use reasonable endeavours to resolve any disputes.
6.3. We shall use all reasonable endeavours to correct as soon as is reasonably
practicable any fault notified by you.
6.4. Phonate Telecom shall have no liability to you for any failure, fault
or delay in the provision of any Phonate Telecom Service caused by
circumstances beyond our control including without limitation any failure on
the part of suppliers or external networks, change in law or regulation, Force
Majeure (as defined), act of god, war, catastrophe or natural disaster.
6.5. If the Phonate Telecom Service we provide is faulty, we shall have no
liability to you unless you notify us in writing of the problem at our contact
address within 10 working days.
6.6. If you notify a problem to us our only obligation will be, at our sole
discretion:
- to repair the defective
service;
- to replace any service that
is defective; or
- to
refund to you the amount paid by you for the Phonate Telecom Service in
question, and to cancel the service without further liability to you.
6.7. Save as required by law, we will not be liable to you for any indirect
or consequential loss, damage or expenses (including loss of profits, business
or goodwill) by reason of any breach or non-performance of our obligations
under this agreement and we shall have no liability to pay any money to you by
way of compensation other than to refund to you the amount paid by you for the
applicable Phonate Telecom Services.
6.8. Notwithstanding the foregoing, nothing in these Terms and Conditions is
intended to limit any rights you might have under applicable local law or other
statutory rights.
6.9. You are solely responsible for ensuring compliance with all relevant
regulations and legislation relating to the use of a Number including without
limitation the Communications Act 2003, any rules laid down by Ofcom and
PhonepayPlus including any relevant codes of practice and statements of
application. You will indemnify us and hold us harmless against any liability
we suffer as a result of any act or omission by you in breach of this clause.
6.10. In no event shall we or our network service suppliers be liable for
any damages, including but not limited to loss of data, loss of revenue or
profits, or for any other special, incidental, indirect or consequential
damages, arising out of or in connection with the use of or inability to use
the Number or Number Service provided hereunder.
7. Applicable law
7.1. Unless otherwise expressly stated in these Terms and Conditions, all
notices from you to us must be in writing and sent to our contact address at info@phonate.co.uk . All notices from us
to you will be sent to the email address provided or displayed on the Phonate
Telecom Website from time to time.
7.2. If any part of these terms and conditions is unenforceable (including
any provision in which we exclude or limit our liability to you) the
enforceability of any other part of these conditions will not be affected.
7.3. Except for our affiliates, directors, employees, or representatives and
except as provided in this agreement, a person who is not a party to the
Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of the Contract but this does not affect any right or remedy
of a third party which exists or is available apart from that Act.
7.4. The Contract and all rights under it may be assigned or transferred by inTouch
to any third party.
7.5. The Contract shall be governed by and interpreted in accordance with
English law and the English courts shall have non-exclusive jurisdiction to
resolve any disputes between us.
7.6. These Terms and Conditions, together with our current Standard Charges,
delivery details, contact details and privacy policy, set out the whole of the
Contract relating to the supply of Phonate Telecom Services to you by us.
Nothing said by any sales person on our behalf should be understood as a
variation of these terms and conditions or as an authorised representation
about the nature or quality of any Phonate Telecom Service offered by us. Save
for fraud or fraudulent misrepresentation, we shall have no liability for any
such representation being untrue or misleading.
7.7. Any notice required or authorised to be given may be delivered to us by
post at our registered office and to you by post to the last known address
which we hold and shall be deemed to have been served 72 hours after posting.
7.8. In the event of a dispute between the parties concerning your Contract
each of the parties shall in the first instance, bring the dispute at the
earliest opportunity to the attention of a director or similar officer of inTouch.
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