PAYG Voice Conferencing Terms and Conditions
1.
Definitions
a.
"Call Charge" means the price charged to the caller by
the network operator
b.
"Contract" means, in order of precedence, these
conditions and the Registration Process.
c.
"Participant" means You and anyone You
allow to use the Service.
d.
"Registration Process" means the registration process
completed by you via the Internet and through which you will receive a PIN code
to access the Service.
e.
"Service" means the facility to have simultaneous
conference calls with other Participants through the telephone network that We
agree to provide to You under this Contract.
f.
"We", “Our” and "Us"
means PageOne Communications Limited.
g.
"You" means the customer We make this
Contract with and who is named in the Registration Process and/or the
Participants as the context admits.
2.
Duration
a.
This Contract begins when You have successfully completed
the Registration Process and received your PIN code to access the Service.
3.
Availability
a.
In providing the Service, We promise to use the reasonable
skill and care of a competent service provider.
b.
Subject to available capacity, the Service is available 24 hours
a day 7 days a week although it may be necessary from time to time for Us
to suspend part or all of the Service for routine or emergency maintenance
and/or repairs and We shall, in so far as it is reasonably possible,
provide you with a reasonable period of notice prior to any suspension of part
or all of the Service for such purposes.
c.
We do not guarantee that the number of connections required by You
will be available at any given time or that the Service will be available to You
at all times or that it will be free from faults or interruptions, but We
shall make reasonable efforts to correct reported faults as soon as We
reasonably can.
d.
Occasionally We may have to give You instructions
that We believe are necessary for health or safety, or for the quality
of the Service that we supply to You or to our other customers and You
agree to observe them; but before doing so, We shall give You as
much notice as We can.
e.
We may in Our sole and absolute discretion alter or improve
the Service at any time, or change the code or phone number at any time and We
shall, so far as is reasonably possible, provide You with a reasonable
period of notice.
f.
We are entitled to terminate this Contract for any reason, in
which case We shall give you appropriate notice as soon as is reasonably
possible.
4.
PIN Code
a.
You have no right to sell or to agree to transfer the PIN Code
provided to You for use with the Service and Yyou must not
attempt to do so.
5.
Phone Numbers
a.
Phone numbers or PIN Codes for the Service must not be
advertised in or on a phone box without Our consent, and You must
make sure that this does not happen. The action that We can take if this
happens is explained in Condition 8.
b.
You must access the Service using only the phone numbers issued to You.
6.
Charges for the Service
a.
We do not charge you directly for the use of the Service.
b.
Each user of the Service, including You, will be charged
the prevailing Call Charges for calls to the dial-in number applicable to the
Service that you use.
c.
All users of the Service will be invoiced the Call Charges on
their standard telephone account issued by their telephone network operator at
the prevailing Call Charge rate for calls to the dial-in number.
d.
You should check with your telephone network operator to confirm
the Call Charge rate for the dial-in number applicable to the Service that You
use.
e.
There are no cancellation or booking charges.
7.
Your Responsibilities
a.
You and the Participants must use tone-dialling telephones to
dial-in to the Service.
b.
You are responsible for the security and proper use of the PIN Code
once You have received it from Us.
c.
When You register for the Service, You must
provide a current valid email address. This email address will be used by us
solely to communicate messages about the Service to You or to inform You
of Our other products and services. To be removed from Our mailing
list Your PIN must be cancelled and You will no longer be able to
use the Service.
d.
If You or the Participants use a mobile telephone to
access the Service, We may send You or the Participants
occasional SMS messages. You can
opt out of these messages by contacting us at the address or telephone number
shown in Condition 13.
e.
You will not acquire any title or other proprietary right to any
intellectual property, including (but not limited to) any patents, know-how,
registered or unregistered trademarks, design rights or copyright, relating to
the Service, nor will You cause or knowingly permit anything to be done
which may in any way damage or endanger any such intellectual property. You
will notify Us of any suspected infringement of Our intellectual
property of which You become aware and will take all reasonable action
as We direct in relation to that suspected infringement.
f.
You must use the Service within the law and as governed by relevant
UK legislation including, but not limited to, the Data Protection Act, the
Telecommunications Regulations, and any other relevant Codes of Practice
guidance as issued from time to time by the relevant authorities.
8.
Misuse of the Service
a.
Nobody shall use the Service:
i.
to make offensive, indecent, menacing, nuisance or hoax calls;
or
ii.
fraudulently or in connection with a criminal offence; and You
must take all reasonable precautions to ensure that this does not happen; or
iii.
in a way contrary to the PageOne Acceptable Use Policy which is
available on request.
b.
The action We can take if You misuse the Service
is explained in Condition 11.
c.
If a claim is made against Us because the Service is
misused and You did not take all reasonable precautions to prevent that
misuse, or did not notify Us of that misuse at the first reasonable
opportunity, You must reimburse Us in respect of any sums We
are obliged to pay and any other reasonable costs that We have incurred.
d.
Voice calls may be recorded and the recording used for the sole
purpose of investigating abuse of the Service.
9.
Confidentiality And Data Protection
a.
We will at all times keep confidential information acquired as a
consequence of this Contract in respect of You or Your business,
except for information already in the public domain or information which We
are required by law, requested by any regulator, or reasonably required by our
professional advisors to disclose for the performance of their legal
obligations or professional services.
b.
You will at all times keep confidential all information acquired as
a consequence of the Contract in respect of Us, the Service or any
network operator, except for information already in the public domain, or
information which You are required to disclose by law, requested by any
regulator or reasonably required by Your professional advisors for the
performance of their professional services.
c.
You and We shall comply with the Data Protection Act 1998
and all regulations made under the Act in processing any personal data,
including telephone numbers and email addresses in connection with this
Contract (“Participant Data”)
d.
We shall treat Your Participant Data as confidential and We
shall not disclose it to any third party or use or copy any part of it except
for the purposes on making the Service available to You and providing
any technical or customer service support required. We will make no further use of Your Participant
Data without Your specific authorisation.
10.
Limitation of Liability
a.
We do not recommend use of the Service where non connection or
loss of connection carries a material risk to You. Accordingly You
may only use the Service if you accept that all such risk is Yours and You
should insure against such risk accordingly.
b.
To the extent allowed by law We disclaim all liability
for the use of the Service, in particular and without limitation:
i.
any liability We have of any sort (including any
liability because of Our negligence) is limited to the costs of the call
charges incurred for the call in question.
ii.
We have no liability for any unauthorised use or misuse of the
Service by You or anyone else.
iii.
We have no liability in contract, tort, negligence or otherwise to
any Participant of Your conference call for any economic loss
(including, but not limited to, any loss or profits, business, contracts,
revenue, turnover or anticipated savings) or for any indirect or consequential
losses, whether or not they were foreseen or foreseeable.
iv.
matters beyond Our reasonable control - if We
cannot do what We have promised in this Contract because of something
beyond our reasonable control including, but are not limited to; lightning,
flood, or exceptionally severe weather, fire or explosion, civil disorder, war,
or military operations, national or local emergency, anything done by
government or other competent authority, or industrial disputes of any kind,
(including those involving Our employees), We shall not be liable
for this. If any such events continue for more than three months, We may
terminate this Contract by giving You notice.
v.
We shall not be liable for the content or use of the Service, nor
shall We be in any way liable for any failure to make the Service
available to You or maintain the availability of the Service to the
extent that such failure results from a technical or other failure on the part
of any network operator or any other event which is outside Our
reasonable control.
c.
Nothing in the Contract will in any way exclude or limit either
party’s liability to the other for death or personal injury caused by the
negligence of that party or its employees.
d.
Each part of this Contract that excludes or limits our liability
operates separately. If any part is disallowed or is not effective, the other
parts will continue to apply.
11.
Termination or Suspension of PIN Code
a.
We may at Our option suspend the PIN code and Your
access to the Service or terminate this Contract:
i.
immediately, if You materially breach this Contract
and/or We believe that the Service is being used in a way forbidden by
Condition 8a. This applies even if You do not know of such misuse. We
shall inform You of such suspension or termination as soon as reasonably
possible and explain why We have taken this action;
ii.
upon reasonable notice if You breach this Contract and
fail to remedy the breach within a reasonable period of being asked to do so.
b.
If We suspend the PIN code, it will not be restored until
You satisfy us that You will only use the Service in accordance
with this Contract.
12.
Variation
a.
We may change the conditions of this Contract at any time. We
shall give you as much notice as reasonably possible of any change to these
conditions.
b.
You may not transfer this Contract or any part of it to anyone
else.
c.
You may cancel this Contract at any time by writing to Us at
the address in Condition 13a, but such cancellation will be ineffective to the
extent that You continue to use the Service.
d.
If You do not use the Service for at least 6 months We
reserve the right to withdraw the PIN allocated to You.
13.
How to give us notice:
a.
Any notice under this Contract must be delivered or sent by
facsimile or pre-paid post or by e-mail as follows:
i.
to Us at PageOne Communications Limited, 2 Brentside
Executive Centre, Great West Road, Brentford, Middlesex, TW8 9DA, or any other
address we may give you.
ii.
to Us via facsimile sent to +44 8450 518700
iii.
to Us via email sent to info@pageone.co.uk
iv.
to You at either the postal or e-mail address You
gave Us during the Registration Process.
14.
Third Party Rights
a.
A person who is not a party to this Contract has no right under
the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
Contract, but this does not affect any right or remedy of a third party which
exists or is available apart from that Act.
15.
Prevailing Law
a.
This Contract is governed by the law of England and Wales.
Disputes arising here shall be subject to the exclusive jurisdiction of the
courts of England and Wales.