1)
Who are "We"?
Who are "you"?
"We"("us/our")
are voicenet Ltd.
"You" are a
private person using our
"Services". Our
relationship with you in
relation to our Services
is explained in this
“Agreement” which
consists of this series of
15 numbered clauses and
in any other documents that
we expressly refer to in
these clauses.
2) What is the "Talk
Plan Service"? We
arrange with British
Telecommunications plc
(BT) to automatically route
calls to and from your home
phone number using your
fixed
home phone line to our
telephone network. The
service is called Carrier
Pre Selection
(CPS).
3) What we are
responsible for: (a)
processing your application;
(b) arranging the
setup of CPS. Please note
that we reserve the right to
prevent access over our
system to certain numbers
such as premium rate
numbers. You will still be
able to access these
numbers over BT’s phone
lines by dialing the number
normally. BT will then
charge you
for these calls on your line
rental phone bill; (c)
invoicing you, using a
summary invoice,
for calls made monthly in
arrears & collecting
payment from your direct
debit; (d) making
reasonable efforts to ensure
that our system can receive
& arrange for the
connection of your
calls at all times.
4) What we are not
responsible for: (a) the
working of your fixed phone
line or any
Equipment & you must
continue to pay BT for these
(b) the networks of other
telephone
companies (such as mobile
phone or overseas operators)
over which we must route
your
call to get it to its
intended destination (c)
your ability to use the
public internet when
connected to it by us (d)
anything that you do, may
try to do, see or have
communicated to you
(whether requested or not)
over the internet & any
harm (including but not limited
to software damage) that may
result from this - our
service contains no filters
or controls of any kind
on what you can see or send
or over what can be sent to
you (e) changes in laws
affecting the Services; (f)
matters beyond our
reasonable control; (g) connecting
you to the emergency
services – BT will still
do this for you.
5) The limit of our
responsibilities: We are
responsible to you without
limit for
deaths, personal injuries
& any other things for
which we cannot limit our
liability by law.
Otherwise we are only liable
to you personally (not to
third parties) for the
direct
consequences of our failures
to provide the Services to
you under the terms of this
Agreement & subject to a
total limit on our liability
to you which is capped at
the value of the higher
of £30 or the amount on our
last invoice to you. A call
made using the
Services will be carried
over BT’s network &
those of other
telecommunications service
providers as well as being
carried by our system. We
cannot be held liable for
any failure
of BT or of any other
service providers who might
be involved in carrying or
attempting
to carry your call over
their network.
6) What you are
responsible for: (a)
complying with this
Agreement; (b) paying BT
for your rental phone line;
(c) paying for Services and
calls made using any
Equipment.; (d) only
connecting properly approved
Equipment to your BT line;
(e) compensating us for any
fines, damages, costs,
claims or expenses that we
incur as a result of you
using our Services in
breach of the terms of this
Agreement; (f) use of any
Equipment & your BT phone
line by a third party.
7) Your use of the
Services:
(I) You may make private
residential telephone, fax,
email & internet calls
using the
Services. If, at any time,
your usage of the Talk Plan
Service does not accord with
that
reasonably expected of a
residential customer, you
will (fair use policy): (i)
no longer be
considered a residential
customer; (ii) have your
access to the Talk Plans
suspended in
accordance with the terms of
this Contract; and (iii) be
charged and billed in accordance with our
then applicable Standard
Talk Tariff to the extent
your usage of the Fixed Line Service
exceeds that reasonably
expected of a residential
customer. We will inform you before
we start charging you in
accordance with our then
applicable standard tariff.
(II) You may not use the
Services for (a) business
purposes (b) any purpose not
specified in 7(I) (c)
internet for schools (d)
abusive, obscene,
defamatory, criminal or
menacing purposes (e)
in a manner that congests or
causes harm or damage to our
system, the networks of
other operators or to any
equipment connected either
to the public telephone
network &/or to the
public internet.
8) Charges: (a) Our
prices are available on our
website, information pack
& from our
call centre. Please check
our prices regularly. (b)
Our prices are affected by
the charges
made to us by other
telephone service operators
& we may be forced to
change prices
to you on short notice. We
will give as much notice as
practicable of price
increases (but not
reductions). (c) We
calculate charges using data
from our system. (d) Except
where otherwise stated
in our price lists, we
publish charges as per
minute rates & charge
per minute. (e) We
reserve the right to make
minimum charges or call set
up charges which will
be publicised on our website
and rates list. (f) We
reserve the right to charge
for administration
costs incurred in following
up direct debit failures,
defaults on payment & bad
debt & reserve the right
to employ debt collection
agencies, to assign the
right to collect your
debt or to factor your debt
to a third party for
collection. (g) We reserve the
right to charge for
providing fully itemised
invoices, duplicate
invoices. (h) We may suspend
the Services for non payment
of charges. However, on
receipt of payment in full all
charges properly due and
owing, we will reinstate the
Services.
9) Credit limits: We
may set a credit limit on
your account in our sole
discretion & can stop
you making calls if you
exceed the limit until a
payment is made to us.
10) Accepting the terms
of this Agreement: if
you start to use our
Services then this will be
treated as acceptance of the
terms of this Agreement. We
will provide a minimum of
four weeks notice on our
website of any material
changes to terms of this
Agreement. You should check
our website regularly. If
you continue to use our
Services after the effective
date of the new terms then
you will be regarded as
having accepted the revised
terms.
11 Suspending &/or
Stopping this Agreement
& the Services:
(I) You: by giving us 14
days notice or by changing
your CPS supplier. If you
have not already started to
use the Services you may
also cancel this agreement
with immediate effect by
contacting us within 7
working days of receipt of
your welcome pack which
contains a written copy of
this agreement (cooling off
period). You are bound to a
12 month contract, if you
want to terminate the
service before end of
contract, you will be
charged for the remaining
months.
(II) Us: We can suspend
&/or terminate this
Agreement for non payment of
charges(a) on 14 days notice
in writing at any time (b)
immediately with
retrospective notice if you
die, become bankrupt, become
mentally incapable or break
the terms of this Agreement
in a material way (c) if
required & in the manner
required by any relevant
regulatory body.
12)
Limitation on the use of the
Network Service
The
Member shall ensure that:
(I)
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.
(II)
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
(III)
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
(IV)
the Member undertakes to
ensure that he/she or it’s
personnel, representatives
and associates shall comply
with the conditions in this
clause.
13)
Loss, Theft, Disclosure or
Misuse
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.
14) Data Protection: We
(& our agents,
subcontractors &
employees) will only use any
data that you give to us or
that our system accumulates
as a result of your use of
the Services to (a) work out
how to improve our services;
(b) detect fraud, theft
& losses; (c)
communicate with you about
technical issues, changes,
improvements, offers &
promotions relating to the
Services; (d) offer you
information about additional
services that we, our group
companies & other
carefully selected companies
may wish to offer to you.
15) Credit Checking:
We may carry out credit
& fraud prevention
checks with a licensed
credit agency & with
other Group companies in
relation to your use of the
Services. Both the credit
agency & us will keep a
record of your payment
details & application
& this may be shared
with other agencies to help
make credit & insurance
decisions about you &
members of your household
& for debt collection
& fraud prevention
purposes.
16) Disputes: If you
have any complaints or
queries about our Services
then please, in the first
instance call our customer
services team on 0800 496
5566. If we cannot resolve
the issue then you may also
refer the complaint to Ofcom
- www.ofcom.org.uk
17) General Legal
Principles:
Subcontractors &
associated companies: We may
use third parties including
associated companies to
provide the Services
although we will remain
responsible to you for the
Services at all times. We
may assign the benefit of
all or any part of our
rights under this Agreement
to any Group company
provided that we tell you
about this promptly
afterwards in writing.
Invalid clauses: If any
sentence or clause of this
Agreement shall be or be
held to be invalid by a
court or a relevant
regulator then the other
sentences & clauses
shall continue to be
effective. Delayed exercise
or non enforcement of
contractual rights: Failure
by either you or us to
exercise or enforce any
right given to us by law or
by this Agreement shall not
be regarded as taking away
those rights from us &
shall not prevent the
exercise or enforcement of
those rights at a later
date. If you fail to comply
with the terms of this
Agreement on one occasion
& we choose not to
respond to this failure then
this decision not to respond
does not prevent us from
responding if you fail to
comply with the terms of
this Agreement on a second
occasion. Sending of formal
notices &
communications: Any notice,
invoice or other document
which may be given by either
you or by us under this
Agreement shall be
considered to have been
given if delivered in person
or by post to us at the
address shown overleaf or to
you at the address that you
gave us when you first
contacted us (you are
responsible for telling us
if you move). Such
notice shall be considered
received immediately if
delivered by hand or within
72 hours of posting if sent
by post. Entire Agreement:
this page & the pricing
pages of our website and
rates list record between
them our entire legal
relationship with you
(collectively the
Agreement). All other
documents that we issue are
for guidance only & are
not legally binding. Our
customer service staff have
no power to change our
Agreement terms. Governing
Law: This Agreement shall in
all respects be governed by
& understood in
accordance with English law
& both you & we
agree to submit to the
exclusive jurisdiction of
the English courts. Both you
& we agree that we can
elect to take any dispute to
a suitable arbitrator or
mediator as an alternative
to going to court.
Version: 19 May 2005 |
