1.1
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.
1.2
The terms and conditions:-
1.2.1
set out in voicenet’s
Network Service
information leaflets,
brochures and circulars
and rate lists published
in accordance with the
provisions of clause 6 of
this Contract shall form
part of this Contract.
- 2
Use of the Network
Service
2.1
International telephone
calls and facsimile
transmissions may be made
by correctly using the
Network service in
accordance with the
instructions provided from
any normally and otherwise
authorized tone-dialling
telephone situated within
the United Kingdom or
United States of
America/Canada and
Caribbean and in some 60
countries round the world.
- 3
Limitation on the use of
the Network Service
3.1
The Member shall ensure
that:
3.1.1
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.
3.1.2
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
3.1.3
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
3.2
the Member undertakes to
ensure that he/she or
it’s personnel,
representatives and
associates shall comply
with the conditions in
this clause.
- 4
Loss, Theft, Disclosure
or Misuse
4.1
The Member shall notify voicenet
immediately by phone or
fax and confirm in writing
on becoming aware that any
one of their assigned
Network service PIN(s) or
VPN codes has been in
anyway discovered,
irregularly disclosed
and/or used/misused.
5.1
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.
5.2
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.
5.3
Unless otherwise provided
by this Contract, all
charges shall become due
and be payable within 14
days of presentation of
invoice to the Member.
6.1
If the Member shall fail:
to pay, when due, any sum
payable under this
Contract, or to observe or
perform any of the
provisions of this
Contract then voicenet
may (without prejudice to
any other right or remedy)
summarily terminate this
Contract and the provision
of any service or facility
under it. The provisions
of this clause 6 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.
- 7
Termination of the
Network Service by
Notice
7.1
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:
7.1.1
by voicenet by at
least two weeks written
notice to the Member or:
7.1.2
by the Member by at least
two weeks written notice
to voicenet
7.2
The provisions of this
clause 7 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.
7.3
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.
- 8
Limitation of Liability
8.1
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 .
8.2
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.
- 9
Variation of Terms and
Conditions
9.1
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.
10.1
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.
10.2
voicenet’s
address for the service of
any notice by the Member
under this Contract shall
be: 58-60 Berners Street,
London W1P 4JS
11.1
voicenet shall not
be liable for any breach
of this Contract caused by
Acts of God, insurrection
or civil disorder, war or
military operations,
national or local
emergency, acts or
omissions of governments,
highway authority or other
competent authority,
industrial disputes of any
kind, fire, lightning,
explosion, flood,
subsidence, inclement
weather, acts or omissions
of persons or bodies for
whom voicenet is
not responsible or arising
from any other cause
whether similar or
dissimilar outside voicenet’s
control and whether caused
within or outside the
United Kingdom
Version: 19 May 2005 |
