1. Interpretation

In these terms and conditions, save where otherwise specifically provided or the context otherwise requires:-

"Account" means the Company, Entity, Body or Person with whom voicenet contracts under this Contract;

"VoiceNet" means voicenet Limited (UK) and/or voicenet USA and/or voicenet INTERNATIONAL;

"Network Service" means the facility provided by voicenet whereby the Account may make use of their assigned and while valid CLI’s and associated PIN(s) or VPN codes to effect national and international telephone calls and/or facsimile transmissions from any normally authorized tone dialling telephone/fax machine within the United Kingdom or United States of America/Canada or anywhere in the world where a local toll free access number is provided by voicenet or via a local or national call to an assigned voicenet digital exchange number.

"CLI" means the Account’s calling phone line ID number(s) registered with voicenet.

"PIN" means the personal ID number(s) exclusively assigned and advised to the Account which enable entry to, and use of the Network service.

"VPN" means the Virtual Private Network and code number(s) exclusively assigned and advised to the member which enable auto-connect through the Network service to a pre-defined far-end telephone, modem or facsimile number.

"This Contract" means the contract and effective membership agreement between the Member and voicenet incorporating these terms and conditions; and words in the singular including the plural and vice versa.

2. When this service begins

(I) The Contract begins when we confirm to you in writing or by telephone our acceptance of your application. Following acceptance of your application, we will provide you with details of how to use (including a copy of these Terms and Conditions and the a current Price List).

(II) The Customer hereby confirms that: the director or person who agreed or completed the contract application forming part of this Contract has the authority to act on behalf of the Customer and bind the Customer to this Contract; all details of the Customer which were inserted on that contract application by that director or person acting on the Customer's behalf are accurate and up-to-date; and by completion of the contract application, the Customer agrees to be bound by this Contract.

3. Your Right to Cancel the service

You may cancel your Contract for the Telephone Service within 7 working days of receiving voicenets acceptance confirmation (the "Cooling Off Period").

If you want to cancel your Contract, you must call our Customer Services Team on 0800 496 5566 to confirm cancellation before the Cooling Off Period expires. If you do not call our Customer Services Team to confirm your cancellation, we may not be able to process your cancellation. Please note: If you have used the Telephone Service during the Cooling Off Period, you may still cancel your Contract but you must pay any Charges that you have incurred.

4. What we provide

We shall provide the Telephone Services to you in accordance with this Contract and as described in the letters, website, welcome packs and any other documents

We will notify you when you will be connected to the Telephone Service.

Whilst we provide the Telephone Services to you, you authorise us to act on your behalf in all dealings with any Third Party Operator in connection with any matter that enables us to provide or to continue to provide you with the Telephone Services.

We cannot guarantee that the Telephone Services will be fault free or without interruptions. Things beyond our control occur, if this occurs we will try out utmost best to rectify any problems. If there is a fault please call us.

Any complaints regarding the Telephone Services, please contact our Customer Services Team on 0800 496 5566. 

You should be aware that certain services may be automatically removed from your line during set up and may no longer be available to you please ask for details.

5. Your Use of the Telephone Services

The Member shall ensure that:

No persons other than the Member’s authorized personnel, representatives or associates shall make use of the Network service by way of the members assigned PIN(s) or VPN codes and only for the purpose of making international telephone calls/facsimile transmissions.

No persons other than the Member’s authorized personnel, representatives or associates shall acquire knowledge of the relevant Network service PIN(s) or VPN codes

No personnel or associate of the Member shall use or attempt to use the Network service after this Contract has for any reason been terminated

The Member undertakes to ensure that he/she or it’s personnel, representatives and associates shall comply with the conditions in this clause

You shall not use, nor allow any other(s) to use, the Telephone Services:

(a) for any improper, immoral or unlawful purpose;

(b) to send a communication which is, or is intended to be, a hoax call or which is spiteful, indecent, defamatory, offensive, abusive, obscene or menacing;

(c) to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person;

(d) in such a way that may damage or affect the operation or quality of the Telephone Services, the Fixed Line Network or any telecommunications system used to provide the Telephone Service; or

(e) fraudulently or illegally.

6. Charges and Payment

All charges and/or discounts of whatever nature and relating to the use of the Network Service shall be such as voicenet shall determine from time to time and voicenet shall be entitled to alter the rate of the charges and/or discounts in accordance with this clause.

Whenever voicenet determines or varies a charge and/or discount, it shall as soon possible and in any event not less than two weeks before such charge is to come into force send written details of it (including the operative date) to the Member at their registered office or principal place of business.

Unless otherwise provided by this Contract, all charges shall become due and be payable within 14 days of presentation of invoice to the Member

All Charges are subject to any applicable UK tax or duty, including Value Added Tax, at the prevailing rate.

Customer must pay all Charges within 21 days of the date of the invoice. 

We will send the Customer invoices for the Fixed Line Service on a monthly basis. We may vary invoicing frequency or demand payment at any other time by giving the Customer prior written notice

If the Customer does not pay any invoice on time, we may: (i) suspend or terminate the Customer's access to the Telephone Line Service; and/or (ii) charge a £15 administration fee to cover late payment costs.

If the Customer disputes any invoice, the Customer must notify us in writing of the dispute (providing us with sufficient detail to investigate the matter and determine whether the Customer's dispute is genuine and reasonable) within 30 days of the invoice date.

7. Credit Limit/Deposits

We may, at our sole discretion and at any time, impose a credit limit on your account and/or require payment of a security deposit or interim payment by you.

Any credit limit imposed can be amended without prior notice. 

8. Termination of the Network Service by Notice

At any time after the PIN(s) or VPN codes have been advised to the Member, this Contract; or the provision of any service or facility under it may be terminated for any reason whatsoever:

(a) By voicenet by at least two weeks written notice to the Member or:

(b) By the Member by at least two weeks written notice to voicenet

The provisions of this clause 8 shall not relieve the Member from liability to pay to voicenet all charges incurred by the Member in respect of any and all telephone calls/facsimile transmissions made by the Member prior to the termination of this Contract.

The Member may in any event cease using the service immediately and at will without prior notice. Proper notice of termination should then follow immediately thereafter.

9. Ending the Contract

You may terminate the Services at any time by giving 14 days' prior written notice. 

We may terminate this Service at any time on giving 14 days' written notice. We may also (at our discretion) terminate or suspend this Contract without notice if: Payment is not received, or you have failed to comply with the terms and conditions or if you are the subject of any bankruptcy or insolvency proceedings

11. Limitation of Liability

In no circumstances whatsoever shall voicenet be liable to the Member and/or their authorized personnel or associates whether in contract, tort (including negligence or breach of statutory duty) or otherwise for the acts or omissions of providers of telecommunication services (whether outside or within the United Kingdom or United States of America/Canada) or for the faults in or the failure of their apparatus or for the termination or suspension of their telecommunications services .

In no circumstances whatsoever shall voicenet be liable to the Member and/or their authorized personnel, representatives or associates on contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, or anticipated savings or for any indirect or consequential loss whatsoever.

12. Variation of Terms and Conditions

voicenet reserves the right from time to time to amend any of the provisions of this Contract PROVIDED THAT voicenet shall give not less than two weeks written notice of such amendment (including the operative date) to the Member.

13. Service of Notice

Any notice or other document which may be given or served by voicenet under this Contract shall be deemed to have been duly given or served if left at or sent by post to the address stated in the relevant application as the Member’s address, or at an address notified in writing to voicenet by the Member as an address to which accounts may be sent.

voicenet’s address for the service of any notice by the Member under this Contract shall be: 58-60 Berners Street, London W1P 4JS

14. Entire Agreement

This Contract represents the entire agreement between you and us in relation to the Telephone Service and shall supersede all previous agreements.

15. Law

The laws of England and Wales apply to this Contract, unless you live in Scotland in which case the laws of Scotland apply.

Version: 19 May 2005