Terms and Conditions
BACKGROUND:
1.1- Please read these carefully and ensure that you understand them.
1.2- These Terms and Conditions together with the 800Comms privacy policyavailable here https://beta.800comms.co.uk and any other supplementary documents (together, the “Agreement”) constitute the entire agreement between vServices Limited, a company registered in England Wales with company number under 09441070, whose registered address is 18 Palm Court, Alpine Road London NW9 9BQ and is operating from Office # 109, 85 Tottenham Court Road, Fitzrovia, London W1T 4TQ and you, either as an individual trader, or acting on behalf of any entity that you represent (“You” and “Your”), as the user “User” means any End User or any person or entity using or accessing Your Account, or the Plan Services, with or without your permission or knowledge. of the Services “Services” means 800Comms’s voice and advanced communications services, comprising the Principal Services and Complementary Services.
1.3- Applications “Applications” means software applications made available to You as part of the Services, such as the 800Comms Mobile Application and Softphone. and/or Website “Website” means the 800Comms website located at www.800comms.co.uk.
1.4- The Agreement governs Your use of the Services, Applications and Website provided by 800Comms. These Terms and Conditions means the user of a virtual extension or individual digital line set up within an Account or an individual assigned thereto by You or by 800Comms/vServices Ltd at Your direction or request.
1.5- By using or accessing the Services, Applications or the Website, You confirm that You accept and will comply with the Agreement.
1.6- Any capitalised terms set forth below not otherwise defined have the meanings set forth in Section 2 (“Definitions”) below.
2. Definitions and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Content” | means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and |
| “We/Us/Our” | means vServices Limited a company registered in England under 09441070, whose registered address is 18 Palm Court, Alpine Road London NW9 9BQ and is operating from Office # 109, 85 Tottenham Court Road, Fitzrovia, London W1T 4TQ 800comms is a Telecom Service. |
| (“Our Site”). | https://beta.800comms.co.uk and https://www.800comms.com |
| (“Our Services”). | Mobile Applications and Services, Telecom and Data Services. Collaboration and Integration Tools. Cloud Services |
3. Additional Definitions and Technical Terms
3.1- “Account Administrator” means those End User(s) of an Account who may possess or obtain rights to set or modify the settings or preferences of other End Users of that Account.
3.2- “Emergency Services-Enabled Softphone” means a Softphone for which dialling of emergency service numbers (999/112) is supported.
3.3- “Account” means the numbered account established with 800Comms that contains any of the following information: Your true, accurate, current, and complete personal name or business name, administrator name, billing address, shipping address, the address where the Plan Services will primarily be used, the records of Your Digital Lines, subscriptions, and any Plan Services that You have purchased from 800Comms. Multiple services, Digital Lines, or End Users may be included in a single account.
3.4- “Account Data” means Registration Information, and the 800Comms- generated logs of calling activity stored within that Account.
3.5- “Account Security Incident” means any actual or suspected unauthorised activity, erroneous billing, or breach or compromise of any Password Information or the security or privacy Your Plan, an Account, or any Account Data.
3.6- “Admin Portal” means the website through which You may enter Registration Information, purchase and register additional IP Desk Phones or Softphones, purchase additional products or Services, or make modifications to, or control, Your Account in any other way.
3.7- “Affiliate” a person or entity that is controlled by that party, controls that party, or is under common control with a party (provided that for purposes of this definition, “control” means beneficial ownership of all of an entity’s then- outstanding voting securities or ownership interests).
3.8- Applications” means software applications made available to You as part of the Services, such as the 800Comms Mobile Application and Softphone.
3.9- “Complementary Services” means those Services which are complementary to the Principal Services “Principal Services” means those core Services which are provided by 800Comms as part of a Plan. and may be added to, or removed from, Your Plan from time to time.
3.10- “Digital Line” means a digital voice line allowing the placement of external outbound calls and receipt of external direct inbound calls.
3.11- “Embargoed Area” means a country or region that is subject to a United Kingdom.
3.12- “End-Point” means a point through which any End User might access and/or use the Plan Services, including without limitation all IP Desk Phones and all Softphones, instances of the 800Comms Mobile Applications, and all devices or VoIP infrastructure on which any Softphone or such instance is installed or through which the Plan Services may be accessed or used.
3.13- “End User” means the user of a virtual extension or individual digital line set up within an Account or an individual assigned thereto by You or by 800Comms at Your direction or request.
3.14- “Export Control List” means any list maintained by the government of United Kingdom
3.15- “Intellectual Property” means mean all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with: (a) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes; (b) copyrights and copyright registrations, and ‘moral’ rights; (c) the protection of trade and industrial secrets and confidential information; (d) other proprietary rights relating to intangible property; (e) trade marks, trade names and service marks; (f) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (g) analogous rights to those set forth above; and (h) divisions, continuations, continuations- in-part, renewals, reissuances and extensions of the foregoing (as applicable).
3.16- “Law” means any applicable foreign, federal, state, local, or other law (statutory, common or otherwise), legislation (primary or secondary), statutory provision, statutory instrument, constitution, treaty, convention, ordinance, equitable principle, code, directive, edict, decree, rule, order, requirement, regulation, guidance, executive order, or other similar authority issued, enacted, adopted, promulgated, implemented, applied, or otherwise put into legal effect by or under the authority of any governmental entity in any relevant jurisdiction.
3.17- “Order” means any physical contract, order form, purchase order, or order for additional services placed through the Admin Portal.
3.18- T. “Password Information” means any and all passwords, PINs, IVR PIN codes, security questions or answers, and other access-related credentials related to Your Plan Services or an Account.
3.19- Plan” means the plan subscriptions available for purchase from 800Comms for selected Services pursuant to an Order (including any free trial of such subscription).
3.20- “Plan Fees” means the fees payable by You in consideration for the provision of the Plan Services.
3.21- “Plan Services” means any Services forming part of your Plan and/or any software or hardware used in conjunction with those services.
3.22- “Principal Services” means those core Services which are provided by 800Comms as part of a Plan.
3.23- “Registration Information” means any information You or Your End Users may be required to provide in connection with Account registration or subsequent Account updates.
3.24- “800Comms” means a trade mark, service mark, copyright, or logo of 800Comms.
3.25- “800Comms Mobile Application” the 800Comms application for mobile devices through which You may access certain Services.
3.26- “800Comms Parties” collectively, 800Comms, its Affiliates, and their officers, directors and employees.
3.27- “Services” means 800Comms’s voice and advanced communications services, comprising the Principal Services and Complementary Services.
3.28- “Softphone” means an instance of the 800Comms Softphone desktop software application used to access the Plan Services.
3.29- “Taxes” means any present or future taxes, levies, imposts, duties, deductions, charges, fees or withholdings imposed, levied, withheld or assessed by any governmental authority (including, without limitation, value added, sales or turnover taxes), together with any interest, additions or penalties imposed thereon and with respect thereto.
3.30- “Term” means the Initial Term together with any Renewal Terms.
3.31- “Third Party Mark” means a trade mark, service mark, copyright, or logo of a third party.
3.32- “Usage” means freephone usage, local usage, long-distance usage, international usage, and any other usage of an Account that could result in charges for calling, messaging, or other activity.
3.33- “User” means any End User or any person or entity using or accessing Your Account, or the Plan Services, with or without your permission or knowledge.
3.34- “User Communications” means the content of calls, facsimiles, SMS messages, voicemails, voice recordings, conferences or other communications transmitted or stored through the Plan Services.
3.35- “Voice/Text Feature” means any functionality or feature of the Plan Services that converts voice content to text content or vice versa.
3.36- “Website” means the 800Comms website located at https://beta.800comms.co.uk
4. Information About Us
4.1 Our Site, https://beta.800comms.co.uk, is owned and operated by by vServices Limited a limited company registered in England under 09441070, whose registered address is 18 Palm Court, Alpine Road London NW9 9BQ and is operating from Office # 109, 85 Tottenham Court Road, Fitzrovia, London W1T 4TQ
5. Access to Our Site
5.1 Access to Our Site is free of charge. No part of Our Site requires payment of any kind in order to access or use it.
5.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
5.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
5.4 We believe that you should know what information we collect from you, as well as understand how we use, disclose, and protect that information. We believe that you should be able to communicate with us easily to limit the disclosure of any of your personal data, where practicable, and to address any questions or concerns that you may have. And we will not disclose your personal data to unaffiliated third parties without your consent or as otherwise provided in this Policy.
5.5 By purchasing, subscribing to, or using 800comms.co.uk services or using our website, you agree to the Terms and Conditions set forth in this Policy. For other Terms and Conditions that govern your use of our services and its website.
6. Subscription, Account Registration and Account Security
6.1 A. Purchase of Plan Services
a) Pursuant to the terms “Term” means the Initial Term together with any Renewal Terms. of the Agreement, You are purchasing a subscription for the Plan “Plan” means the plan subscriptions available for purchase from 800Comms for selected Services pursuant to an Order (including any free trial of such subscription). Services set forth in Your initial Order “Order” means any physical contract, order form, purchase order, or order for additional services placed through the Admin Portal., and agreeing to use and pay for the same strictly in accordance with the Agreement for the entire period set out in the initial Order (the “Initial Term”). The Initial Term for all Plan Services will renew automatically for successive terms of the same length (each, a “Renewal Term”) without further action by or notice to You, unless You notify 800Comms customer service of non-renewal at least thirty (30) days before the end of the Initial Term or then-current Renewal Term.
b) You agree to be financially responsible for Your use of the Plan Services, including the authorised or unauthorised use of Your Account. In order to use the Plan Services, You must have properly configured and working Internet service or broadband connection as set forth in Section 4(C), below. 800Comms does not provide any access to the Internet.
c) You represent and warrant that: (i) You possesses the legal right and capacity to enter into the Agreement with 800Comms and to perform all of Your obligations thereunder; (ii) You are of legal age to enter into this Agreement; (iii) You have full power and authority to execute and deliver any agreement documents and to perform all of Your obligations thereunder; (v) if You accept on behalf of an organisation, You are authorised to bind that organisation, and references to "You" in the Agreement expressly includes, without limitation, the entity You represent; and (iv) You shall be bound by the Agreement.
d) Where your Plan includes access to, or the provision of, Complementary Services “Complementary Services” means those Services which are complementary to the Principal Services and may be added to, or removed from, Your Plan from time to time and other services made available by 800Comms from time to time., additional terms may apply to Your use of such Complementary Services (“Additional Terms”). Additional Terms (as the same may be added, removed or revised from time to time) are located here https://beta.800comms.co.uk/. You agree to comply with all such applicable Additional Terms (as the same may be updated from time to time) in connection with your use of the Complementary Services.
6.2 Account Registration
a) Upon signing up for the Plan Services and at subsequent times as requested by 800Comms, You or Your End Users may be required to provide Registration Information “Registration Information” means any information You or Your End Users may be required to provide in connection with Account registration or subsequent Account updates. in order to begin using or to update the Plan Services, activate features, or add or modify an individual lines or extension (e.g., activating an Account or End User or provisioning a device). Subject to and without limiting the Privacy Policy, You hereby grant to 800Comms permission, on a worldwide, perpetual basis, to use Registration Information in connection with the activation, provision, support, improvement, administration, or management of Your Plan Services, as set forth in the Agreement or otherwise permitted by Law “Law” means any applicable foreign, federal, state, local, or other law (statutory, common or otherwise), legislation (primary or secondary), statutory provision, statutory instrument, constitution, treaty, convention, ordinance, equitable principle, code, directive, edict, decree, rule, order, requirement, regulation, guidance, executive order, or other similar authority issued, enacted, adopted, promulgated, implemented, applied, or otherwise put into legal effect by or under the authority of any governmental entity in any relevant jurisdiction.. You represent and warrant that all Registration Information provided to 800Comms by or on behalf of You or any End User will be true, accurate, current, and complete, and that You will promptly confirm, update, or supplement Registration Information on file upon 800Comms’s request or in the event that such Registration Information changes.
b) Account Administrators “Account Administrator” means those End User(s) of an Account who may possess or obtain rights to set or modify the settings or preferences of other End Users of that Account.. The End User(s) You designate as Account Administrator(s) of Your Plan Services will have rights to set or modify the settings or preferences of other End Users of Your Account, as well as place additional Orders for Services. You are responsible for all acts and omissions of Your Account Administrators, and any other End Users, including, without limitation, any changes or purchases such individuals may make to Your Account and Plan.
c) Purchase of Additional Digital Lines “Digital Line” means a digital voice line allowing the placement of external outbound calls and receipt of external direct inbound calls.. Your Plan Services may include access to, and provision of, Digital Lines as set forth in the applicable Order. Account Administrators may purchase additional Digital Lines for the applicable Account at any time by placing an Order for the Digital Lines through the Admin Portal “Admin Portal” means the website through which You may enter Registration Information,purchase and register additional IP Desk Phones or Softphones, purchase additional products or Services, or make modifications to, or control, Your Account in any other way. or by contacting the 800Comms account representative for Your Account. Each additional Digital Line added to Your Account is subject to the terms of the Agreement. The Term of the additional Digital Lines will run conterminously with the Term of Your initial purchase (either monthly or annually renewed, as applicable).
d) Account “Account” means the numbered account established with 800Comms that contains any of the following information: Your true, accurate, current, and complete personal name or business name, administrator name, billing address, shipping address, the address where the Plan Services will primarily be used, the records of Your Digital Lines, subscriptions, and any Plan Services that You have purchased from 800Comms. Multiple services, Digital Lines, or End Users may be included in a single account. and End User Management. You agree to maintain sole and exclusive control over Your Account at all times and to ensure that all Account rights, permissions, and settings, and all Use and Usage, are effectively managed as necessary to prevent any unauthorised access to, use or Usage “Usage” means freephone usage, local usage, long-distance usage, international usage, and any other usage of an Account that could result in charges for calling, messaging, or other activity. of, or transaction or activity through or relating to Your Plan, including, without limitation, by implementing the following measures and practices:
1.1.1- Disabling international calling for all lines or extensions for which such calls are not needed or not authorised;
1.1.2- Restricting international calling destinations to those that are needed and authorised;
1.1.3- Blocking inbound calls from any caller IDs and area codes from which You do not wish for Users to receive calls and block inbound calls with no caller ID if appropriate;
1.1.4- Disabling attachment of facsimile images and voicemail audio files to message notification emails associated with Your Account and/or individual lines or numbers for which such functionality is not required and to the extent that such files may include sensitive or confidential content;
1.1.5- Regularly monitoring, reviewing, and scrutinising End User calling and other Account activity;
1.1.6- Promptly notifying 800Comms of Account Security Incidents “Account Security Incident” means any actual or suspected unauthorised activity, erroneous billing, or breach or compromise of any Password Information or the security or privacy Your Plan, an Account, or any Account Data. and providing all reasonable information and cooperation requested by 800Comms in responding to any Account Security Incident; and
1.1.7- Implementing and training all End Users as to general security controls and practices, as necessary to ensure Your compliance with the Agreement.
7. Equipment
7.1- All IP Desk Phones and/or equipment related to IP Desk Phones, including but not limited to, handsets, headsets, software installed on or related to those devices, and any other product directly related to IP devices, shall be provided by a third-party vendor. The Terms and Conditions that govern the use of any equipment, including but not limited to, purchases, warranties, returns, exchanges and claims, can be found at www.800Comms.co.uk. These Terms and Conditions may be updated by the third-party vendor at any time with or without notice to You and You agree to comply with such Terms and Conditions at all times.
8. Security Policy
8.1- Password Information Security. You agree that all Password Information “Password Information” means any and all passwords, PINs, IVR PIN codes, security questions or answers, and other access-related credentials related to Your Plan Services or an Account. that You or any End User controls shall, to the extent possible, consist of at least eight (8) characters and shall include at least one letter, one number, and one special character and exclude any generic or obvious content. You further agree to ensure that all such Password Information is: (i) immediately customised if it is default or set by another party; (ii) changed on at least a quarterly basis and not reused,; (iii) immediately changed in the event that You learn of, or suspect, that any Account Security Incident has occurred; (iv) not transmitted or stored in any unsecure manner (including, without limitation, through any auto-storage, caching, ’remember’, or auto-fill feature); (v) not shared with or made available to any party who does not possess the full right and authority to perform all acts that the Password Information allows to be performed; and (vi) protected from theft or unauthorised access, use, or disclosure with at least a reasonable degree of care and diligence.
8.2- End-Point “End-Point” means a point through which any End User might access and/or use the Plan Services, including without limitation all IP Desk Phones and all Softphones, instances of the 800Comms Mobile Applications, and all devices or VoIP infrastructure on which any Softphone or such instance is installed or through which the Plan Services may be accessed or used. Security. You agree to protect all End-Points using, at minimum, industry- standard security measures, including, without limitation: (i) effective passwords or other credentials; (ii) network segmentation and access restrictions utilising an accurate and up-to-date access control list; (iii) session time-out and/or locking screen saver features; and (iv) use of an effective and up-to-date firewall for all networks to or through which any End-Point might connect. YOU ACKNOWLEDGE AND AGREE THAT THESE REQUIREMENTS APPLY TO IP DESK PHONES, WHICH UTILISE THE SAME CONNECTIVITY – AND ARE SUBJECT TO THE SAME SECURITY RISKS – AS COMPUTERS.
8.3- Update of Security Features. You acknowledge that some security features specific to particular Plan Services may require activation or installation of software or firmware updates, or software may be de-activated or uninstalled. You agree to ensure the activation and use of all features that are necessary or appropriate to protect the Accounts, Users, or Your organisation’s assets and operations and to promptly install all updates to Plan Services, including related software and hardware. Without limiting the foregoing, You acknowledge andagree that 800Comms may, from time to time, push software and/or firmware updates and patches directly to your device(s) for installation, and you agree not to take any action or fail to take any action which would prevent 800Comms from doing so.
9. Service Requirements and Laminations
9.1- Caller ID Display Limitations and Compliance
a) You acknowledge and agree that the disclosure and/or display of information related to the origination of calls, messages, and other communications (including without limitation ‘Caller ID’ information) may be subject to legal requirements including, without limitation those related to the accurate display of such information or the enforcement of certain privacy instructions, settings, etc. You agree to comply with all such applicable Laws. 800Comms has no obligation to disclose, display, or transmit any such information for or in connection with any User Communication.
9.2- Voice-to-Text and Text-to-Voice
a) You acknowledge and agree that: (i) any and all Voice/Text Features “Voice/Text Feature” means any functionality or feature of the Plan Services that converts voice content to text content or vice versa. are provided merely as a convenience and may not accurately transcribe voice content, articulate text messages, or perform such functionality for all voice content or text messages or for the entirety of voice content or text messages; (ii) neither You nor any End User may rely on any Voice/Text Feature to perform such accurate transcription or articulation; and (iii) You and all End Users shall be responsible for reviewing and/or listening to the original content of any User Communication or other media as necessary or appropriate to prevent You, any End User, or any other party from incurring any cost, expense, liability, loss, damage, or harm.
9.3- IP Network Sufficiency
a) You acknowledge and agree that: (i) the Plan Services require a properly- configured, high performance, enterprise-grade broadband IP network and connection; (ii) use of the Plan Services with any lesser network, services, or connection may result in partial or complete unavailability, interruption, or under-performance of the Plan Services or other services utilising the same network, services, or connection; and (iii) 3G or 4G networks are not recommended for use with the Plan Services. Accordingly, you agree to provide and maintain, at Your cost, an IP network, services, and connection meeting the foregoing standards and all equipment necessary for the Plan Services to connect to and use such network, services, and connection. 800Comms is not liable for any unavailability, interruption, or under- performance of the Plan Services related to your IP network or connection.
b) IMPORTANT INFORMATION. If Your IP network or connection fails, Your voice service will also fail. Your service may cease to function if there is a power cut or failure. These failures may be caused by reasons outside of 800Comms’s control.
9.4- Use of Third Party Devices
a) 800Comms does not guarantee or make any representation or warranty that any third party IP telephone or other device will work, or be compatible, with the Plan Services or support the Plan Services’ full performance or quality of service potential or range of features and functionalities.
9.5- Use of Mobile Application
a) The 800Comms Mobile Application through which You may access certain Services. can be configured to make or receive calls on Your 3G or 4G network using Your data service, and may result in additional data usage fees from Your mobile service provider. You can disable 3G/4G calling by configuring the 800Comms Mobile Application to make/receive calls only over a wi-fi connection. Configuring the 800Comms Mobile Application to disable VoIP calling will result in 800Comms making/receiving calls using Your voice connection from Your mobile service provider; this may result in additional voice minute usage fees from Your mobile service provider.
10. Number Policies
10.1- Number Availability
a) 800Comms may make available telephone and/or facsimile numbers for Your selection and assignment to Account(s). You acknowledge and agree that a 800Comms Party’s listing of a number may be erroneous and does not constitute a representation or guarantee that such number is actually available for such assignment, and that the 800Comms Parties “800Comms Parties” collectively, 800Comms, its Affiliates, and their officers, directors and employees. shall be authorised to remove such number from an Account in the event that it is not available.
10.2- Number Publication
a) Neither You nor any End User may publicise, list, or communicate any number that you believe to be assigned to Your Plan Services or Account, or purchase or invest in any materials or media reflecting any such number unless and until You have verified that such number is active and functioning as desired, including, without limitation, by test calling such number from a non- 800Comms service plan and verifying that the fees and charges that will be incurred in connection with Use of such number are acceptable to You. You agree to hold harmless all 800Comms Parties arising from or related to Your or any End User’s violation of the immediately preceding sentence.
10.3- Number Porting Policy
a) 800Comms will use reasonable commercial endeavours to facilitate number transfers or port requests for You, provided it is reasonably practicable to do so and that You comply with the necessary and specific procedures for porting between service providers. You acknowledge and accept that number porting depends on the co-operation of third parties outside of 800Comms’s control. Accordingly, You agree that 800Comms will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorised porting of any telephone number by a third party.
b) All number porting shall be undertaken in accordance with 800Comms’s Number Porting Policy, as the same may be updated from time to time, and which is available here (which is incorporated into, and forms part of, the Agreement).
c) Where you wish to transfer your number away from us and we receive a transfer request from your new communications provider we shall take all reasonable steps to process the transfer of your number as quickly as possible. If you believe compensation should be paid because a number transfer is delayed you should contact your new provider and resolve the issue with them.
d) Not all numbers can be transferred to 800comms. Where a number can be transferred to us it typically takes 20 business days to complete. The process starts with the customer completing a letter of authority (LOA) which authorises us to request a number transfer from your existing provider. The information on the LOA must be accurate and complete and match the information held by your existing service provider. If the information is not accurate or incomplete or does not match the information held by your existing service provider it is likely the transfer request will be rejected by your existing service provider. This will cause a delay and lengthen the time taken to transfer your phone number. Delays of this nature do not qualify for compensation from us.
e) For us to start a number transfer we require the customer to have plugged in their phones, to keep them connected to the 800Comms network and to have made and received calls. Where the customer does not perform these actions the number transfer will be delayed and will not qualify for compensation from 800Comms.
f) Once the transfer is agreed by your existing service provider, the existing provider will provide a transfer date which 800Comms will notify to you. 800Comms or your existing provider may change the transfer date for operational reasons up to the day before the notified transfer date. A change of transfer date in this circumstance does not qualify for compensation from 800Comms.
g) If the notified transfer date has not been amended by the day before transfer is due then the transfer date is confirmed.
h) If the number transfer has not completed 1 business day after the confirmed transfer date then you are entitled to claim compensation from the 2nd business day after the confirmed transfer date up until the number transfer completion date. Any compensation awarded shall be in full and final settlement of any claim you may have against 800Comms (now or in the future) in respect of the delay.
i) Compensation is calculated by multiplying your monthly subscription payment by 12, dividing by 365 and multiplying by the number of days late.
j) You can make a claim for compensation by contacting us by email or writing us at address given below.
11. Charges and Plan Credits
11.1- Please note that all prices, Taxes “Taxes” means any present or future taxes, levies, imposts, duties, deductions, charges, fees or withholdings imposed, levied, withheld or assessed by any governmental authority (including, without limitation, value added, sales or turnover taxes), together with any interest, additions or penalties imposed thereon and with respect thereto., surcharges, and fees are subject to change at any time. You are responsible for paying all charges for Your Account, including but not limited to (and by way of non- exhaustive examples only) free-phone, local, long distance and international minutes, additional feature charges, operator assisted charges, and directoryassistance charges, and for all Taxes, surcharges, and fees imposed on You or 800Comms as a result of Your use of the Plan Services. If You have a past due balance on previous or multiple accounts, then You will be charged the full balance upon opening a new account or updating Your credit card information on file. 800Comms also reserves the right to charge termination and transfer fees consistent with, as provided in, the Agreement.
11.2- Charges and Plan Credits
a) 800Comms offers several different Plan options in connection with the provision of the Services. You may change Your Plan at any time; however, a one-time processing fee of six pounds and ninety-nine pence (£6.99) may apply when ‘downgrading’ an existing Plan to a Plan with lower monthly fees (e.g., a plan with fewer minutes and/or features). In addition, certain Plans may entitle You to receive discounts on equipment used in connection with a particular Service. If You receive any equipment discounts associated with a Plan and subsequently change to an alternative Plan that does not offer those equipment discounts, You agree to reimburse 800Comms, and hereby authorise 800Comms to charge Your credit card on file, or invoice You, as applicable, for such equipment discounts.
11.3- Service Availability
a) You acknowledge and agree that the products and Services provided by 800Comms may not be available one hundred percent (100%) of the time. Promotional allowances or Credit for interruption of the Plan Services may only be provided on a case-by-case basis at the sole discretion of 800Comms and shall be Your sole remedy for any Plan Services interruptions or other issues with the Plan Services.
11.4- Plan Credits and Minutes
a) Some Plans provide for a fixed number of monthly usage minutes ("Plan Credits"). If You exceed Your monthly Plan Credits during the course of a month, You may purchase additional Plan Credits as needed. 800Comms may also provide You with certain bonus credit minutes and/or other promotional incentives upon fulfilment of the applicable promotion requirements. As explained below, international calling may be charged at a different rate than domestic calling, and a Plan Credit ‘minute’ therefore will not entitle You to a minute of international calling (“International Minutes”).
11.5- Metered Calling Plans
a) 800Comms offers several monthly metered Plans for some of its products and services. Each metered calling Plan may provides You with a freephone or local telephone number and a fixed number of Plan Credits each month for a monthly fee, excluding Taxes, surcharges, and fees. When You exhaust Your initial paid allotment of Plan Credits for Your metered Plan then, unless You advise 800Comms otherwise in writing, 800Comms will automatically bill Your Account for the smallest available bundle of Plan Credits for the applicable Service. Additional minute usage will be debited at the applicable per minute rate(s) for Your metered Plan. However, in some limited instances, calls placed under a metered Plan may not be counted against Your monthly allotment (e.g., calls made via a local phone number to leave or check voicemail or configure a system and calls answered on a Softphone). Please check the details of Your metered Plan to determine which calls (if any) are not counted against Your monthly minute allotment. For international calling, international rates will apply.
11.6- Unlimited Plan
a) 800Comms offers unlimited monthly Plans for some of its products and Services. An unlimited Plan may provide You with a local or freephone telephone number and is subject to the terms and restrictions of the Agreement. If, for any reason, 800Comms believes that Your usage of the unlimited Plan and Services violates the Agreement, then 800Comms may, in its sole discretion with or without notice, either terminate Your unlimited Plan or immediately convert Your unlimited Plan to a metered Plan, as described above.
b) The bundles included with our Pay Monthly Plans include talk and text services and data. However, we reserve the right to suspend usage for fraud and/or if usage has a negative effect on our business for which such usage will be charged at a standard rate. We reserve the right to review these fair usage levels from time to time. Minutes are for your personal, non-commercial use only and we reserve the right to limit service to anyone whose usage negatively affects our business. You can make calls and/or send sms' to a maximum of 99 distinct number per month (domestic or non-company numbers). The allowance set out in this fair use policy is based on minutes and texts n the UK. Any use when you are abroad will be charged at the relevant international rate set out in our Price List.
c) If during any monthly billing period you exceed 3000 minutes usage we may terminate your service immediately or, at our sole discretion if we consider it appropriate, we may suspend your service and offer you an alternative call plan applicable to your usage. If having offered you an alternative you do not agree to move to the new call plan we reserve the right to terminate your service immediately. Termination charges apply.
d) Our unlimited call plans is subject at all times to a limit of 3000 minutes in aggregate during each monthly billing period for outgoing inclusive calls to international geographic landline numbers specified in your call plan and for outgoing inclusive calls when calling UK landline numbers starting with 01, 02 and 03. Calls to mobiles are not included unless specified.
e) Calls have a maximum call duration of 4 hours per call, after which time the call will be disconnected.
f) We reserve the right to change this Fair Use Policy at any time. Changes shall become effective when a revised is posted on our website.
11.7- Value, Ownership, and Expiration of Credits or Minutes.
a) In no event shall any entitlement to freephone minutes, International Minutes, Billing Credit, Plan Credit, or any other type of credit or minute issued to You or applied to an Account (collectively “Account Credits”) have any monetary value or be exchangeable or exchanged for cash. Account Credits may be applied only to the Account for which they were purchased and/or provided, and may not be sold, transferred, assigned, or applied to any other Account, Plan, or customer. Credited freephone minutes not applied to Usage on the applicable Account during the monthly billing cycle for which they are credited shall expire at the end of such cycle and shall in no event be available for application to Usage occurring during any other period. Other Account Credits shall expire according to the terms of their purchase or provision.
11.8- Discounts
a) From time to time in its sole discretion, 800Comms may offer promotions or discounts. Any promotion or discount codes must be provided to 800Comms upon purchase of the Plan Services. You are not entitled to a subsequent credit for any promotions or discounts if You do not request the promotion or discount credit at the time of Account creation or change of Plan. Promotions and/or discounts may not be used cumulatively or retroactively.
12. Billing and Payments
12.1- Plan Services Fees
a) The initial Order sets forth the base recurring Plan Fees “Plan Fees” means the fees payable by You in consideration for the provision of the Plan Services. for the Plan Services and the number of minutes of inbound Usage of any freephone number(s) assigned to an Account, if any, that are included in the Plan Fees for each monthly billing cycle. Any applicable initiation charges, Usage, monthly recurring charges, support charges, Taxes, and other fees are billed in full in advance. Termination fees, international minutes, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of Your Account for any reason, all unused Account Credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused Account Credits.
12.2- Taxes and Fees
a) All fees for Services advertised or otherwise listed on the Website are exclusive of any Taxes. You agree to pay all Taxes and similar liabilities that may now or hereafter be levied on the Plan Services and related software or hardware by any Law, as well as any administrative and recovery fees and charges levied on the Plan Services by 800Comms, whether or not mandated by Law. Should 800Comms pay or be required to pay such liabilities (including any Taxes that were due but not charged or previously collected), You agree that 800Comms may charge Your credit card on file or invoice You, as applicable, for such payments upon receipt of an invoice and showing of indebtedness to 800Comms.
12.3- Billing for Mid-Year or Mid-Month Transactions
a) In the event that any purchase, transaction, or event involving or resulting in an annually-incurred or monthly-incurred Plan Fee occurs subsequent to the beginning of an applicable billing cycle, 800Comms may at that time bill You a pro-rated amount for the remainder of the then-current cycle and thereafter bill You conterminously with each subsequent cycle.
12.4- Late Fees
a) You agree and acknowledge that time is of the essence for payment of all fees and charges. Any fees or charges not paid when due shall incur interest at a rate of the lesser of: (i) the rate provided for pursuant to the Late Payment of Commercial Debts (Interest) Act 1998; or (ii) the highest rate allowed by Law. 800Comms’s acceptance of late or partial payments (regardless of how they are marked or designated (including without limitation as ‘Paid in Full’, ‘Accord and Satisfaction’, or similarly)) shall not waive, limit, or prejudice in any way 800Comms’s rights to collect any amount due. 800Comms may terminate the Plan Services and the Agreement for non-payment if any fees or charges are not paid within thirty (30) days of the due date.
12.5- Form of Payment
a) All fees and charges are payable to 800Comms by cheque, credit or debit card, or direct debit. You agree to be liable for a processing fee in the amount of the lesser of: (i) thirty-four pounds and eighty-seven pence (£34.87); or (ii) the highest amount allowed by Law for any credit card chargeback or cheque or other payment returned for non-payment.
b) When You subscribe to Plan Services, You will provide us with a payment method, such as a valid credit card or direct debit information for invoicing (if You are pre-approved by 800Comms in its sole discretion to be billed via invoice) and, if applicable, authorise 800Comms to collect from the payment method provided. Any authorisation to charge a provided credit card or direct debit will remain valid until thirty (30) days after You withdraw the authorisation, or immediately upon provision of a replacement valid credit card or direct debit information. Upon termination of the Agreement, 800Comms will charge You any fees and any other outstanding charges and disconnect Your Plan Services. You agree to advise and notify us of any changes to Your payment method, such as credit card or debit card account number or expiration date changes. If the credit card, direct debit or other payment method on Your Account is declined or fails for any reason, 800Comms will use reasonable efforts to contact You and advise You of the failed billing attempts.
c) Notwithstanding the foregoing, 800Comms reserves the right to disconnect Your Plan Services and terminate Your Account if Your payment method is declined or fails for any reason, or if You withdraw authorisation to charge a valid credit and do not provide an alternative payment method, and 800Comms reserves the right to continue to attempt charging Your credit card for any outstanding charges and additional fees and pursue any other legal remedies available to 800Comms.
12.6- Disputed Amounts
a) You will waive the right to dispute any billed amount if You do not dispute such amount within thirty (30) days of the date of its billing. If You fail to provide a written statement explaining in reasonable detail Your reasons for disputing the charge within such time period, You hereby irrevocably waive any objection and further recourse with regard to such charges. In the event that You timely dispute a billed amount and 800Comms confirms that You were over-billed, 800Comms shall credit the applicable Account in the amount of the over-billing (“Billing Credits”). Billing Credits shall be 800Comms’s sole and exclusive obligation and Your sole and exclusive remedy with respect to any erroneous billing.
b) Notwithstanding the foregoing, if You request Your bank or credit card company to perform a chargeback or to decline to process a cheque without first contacting 800Comms to dispute the charge, and 800Comms subsequently determines that the charges at issue are not erroneous, 800Comms reserves the right to terminate Your Account immediately and take any available legal action.
c) You are solely liable for any transactions or usage on Your Account, whether by You, any End User, or any other user of Your Plan Services, and in no event shall 800Comms be liable for any unauthorised use of Your Account.
13. USE POLICIES
13.1- High Risk Use
A) YOU ACKNOWLEDGE THAT THE PLAN SERVICES ARE NOT DESIGNED, MANUFACTURED, INTENDED, OR RECOMMENDED FOR USE FOR ANY HIGH-RISK OR FAIL-SAFE PURPOSE OR ACTIVITY OR IN ANY ENVIRONMENT WHERE FAILURE, INTERRUPTION, MALFUNCTION, ERROR, OR UNAVAILABILITY COULD RESULT IN SUBSTANTIAL LIABILITY OR DAMAGES, PHYSICAL HARM OR PERSONAL INJURY, DEATH OR DISMEMBERMENT, OR PROPERTY OR ENVIRONMENTAL DAMAGE. YOU REPRESENT AND WARRANT THAT YOU AND YOUR END USERS WILL NOT USE THE PLAN SERVICES FOR ANY SUCH PURPOSE OR ACTIVITY OR IN ANY SUCH ENVIRONMENT.
13.2- Acceptable Use
A) YOU SHALL NOT USE THE PLAN SERVICES FOR ANY ILLEGAL, FRAUDULENT, IMPROPER, OR ABUSIVE PURPOSE OR IN ANY WAY THAT INTERFERES WITH 800COMMS’S ABILITY TO PROVIDE HIGH QUALITY SERVICES TO OTHER CUSTOMERS, PREVENTS OR RESTRICTS OTHER CUSTOMERS FROM USING THE SERVICES, OR DAMAGES ANY 800COMMS’S OR OTHER CUSTOMERS’ PROPERTY.
B) IF 800COMMS DISCOVERS OR SUSPECTS THAT YOU ARE USING THE PLAN SERVICES FOR ANYTHING OTHER THAN THE PERMITTED USES SET OUT IN THE AGREEMENT OR FOR ANY OF THE PROHIBITED USES SET OUT IN THE AGREEMENT, 800COMMS MAY, AT ITS SOLE DISCRETION, TERMINATE YOUR PLAN SERVICES AND CHARGE YOU ANY APPLICABLE FEES FOR THE PLAN SERVICES USED PLUS DAMAGES CAUSED BY YOUR IMPROPER USE.
C) NEITHER YOU NOR ANY USER MAY USE OR ALLOW USE OF THE PLAN SERVICES IN ANY OF THE FOLLOWING WAYS:
a) Illegal or inappropriate behaviour - Using the Plan Services in any manner that is illegal, obscene, threatening, harassing, defamatory, libellous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
b) Spamming. Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) (‘spamming’), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes without the consent of the recipient.
c) Blasting. Intentionally engaging in blasting or broadcasting bulk communications, advertisements, or messages (e.g., sending hundreds of messages simultaneously), including without limitation through email, voicemail, SMS, facsimile, or internet facsimile.
d) Harvesting information. Harvesting or otherwise collecting information about others, including email addresses, without their consent or in breach of applicable data protection or privacy laws.
e) Auto-dialling. Performing auto-dialling or ‘predictive’ dialling (i.e., non-manual dialling or using a software program or other means to continuously dial or place out-bound calls) in violation of applicable Law, or in an excessive or otherwise abusive manner (as 800Comms may determine in its discretion).
f) Transmitting viruses. Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
g) ID spoofing. Creating a false Caller ID identity (‘ID spoofing’) or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Plan Services.
h) Infringement of rights. Transmitting any material that may infringe, misappropriate, or otherwise violate the Intellectual Property “Intellectual Property” means mean all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with: (a) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes;(b) copyrights and copyright registrations, and ‘moral’ rights; (c) the protection of trade and industrial secrets and confidential information; (d) other proprietary rights relating to intangible property; (e) trade marks, trade names and service marks; (f) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (g) analogous rights to those set forth above; and (h) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as applicable). rights, rights of privacy, personality, or publicity or other rights of third parties.
i) Illegal communications. Transmitting any communication that would violate any applicable Law, including but not limited to the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the “Privacy Regulations”).
j) Excessive usage. Utilising the Plan Services in excess of what, in 800Comms’s reasonable discretion, would be expected of normal business use, including, without limitation, allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user.
k) Interfering with another customer’s use of the Plan Services. Using the Plan Services in any way that interferes with, disrupts, prevents or restricts other customers’ and third parties’ use and enjoyment of the Services.
l) Network Interference. Interfering with, or disrupting, networks or systems connected to the Plan Services.
m) Avoiding compliance. Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid compliance with the Agreement.
n) Granting rights to third parties with respect to the Plan Services. Selling; reselling; distributing; leasing; exporting; importing; or otherwise granting or purporting to grant rights to third parties with respect to the Plan Services, and any software or hardware used in conjunction with the Plan Services or any part thereof without 800Comms's prior written consent.
o) Unauthorised usage. Undertaking, directing, attempting, causing, permiting, or authorising the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any software and hardware used in conjunction with the Plan Services, or part thereof.
p) Circumvention of security measures. Defeating, disabling, or circumventing any protection mechanism related to the Plan Services.
q) Interception. Intercepting, capturing, sniffing, monitoring, modifying, emulating, decrypting, or redirecting any communication or data used by 800Comms for any purpose, including, without limitation, by causing any product to connect to any computer server or other device not authorised by 800Comms or in any manner not authorised in advance in writing by 800Comms.
r) Unauthorised repair. Allowing any service provider or other third party – with the sole exception of 800Comms’s authorised maintenance providers acting with 800Comms’s express, prior authorisation – to use or execute any software commands that facilitate the maintenance or repair of any software or hardware used in conjunction with the Plan Services.
s) Unauthorised Access. Gaining access to or using (or attempting to gain access or use) any device, system, network, account, or plan in any unauthorised manner (including without limitation through password mining).
t) Trunking. Engaging in or to allowing trunking or forwarding of Your 800Comms telephone or facsimile number to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
u) Using any 800Comms Mark “800Comms Mark” means a trade mark, service mark, copyright, or logo of 800Comms. without consent. Displaying or using any 800Comms Mark in any manner in violation of the applicable 800Comms Party’s then-current policies on its trade mark and logo usage or without the applicable 800Comms Party’s express, prior written permission, to be granted or denied in that 800Comms Party’s sole discretion.
v) Using any Third Party Mark “Third Party Mark” means a trade mark, service mark, copyright, or logo of a third party. without consent. Displaying or using any Third Party Mark without the prior, written consent of the third party that owns the Third Party Mark.
w) Sensitive Data. Using the Plan Services to store transmit, receive, process, create, or maintain sensitive personal information.
x) A breach of obligations in this Section constitutes a material breach of the Agreement, such that vServices Ltd may suspend service, terminate the Agreement immediately, or take any other action 800Comms/vServices Ltd deems necessary to enforce the terms of this Section.
13.3- Legal Compliance.
a) You represent and warrant that all use and usage of Your Account(s), and the Plan Services will at all times comply with all applicable Laws, including without limitation the Privacy Regulations, and all Laws relating to unsolicited communication provisions or lists including the faxing; telemarketing; email marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end user, end-use, and destination restrictions imposed by the, United Kingdom, the European Union, or foreign governments; consumer protection; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities.
13.4- Unsolicited Advertisements and Legal Compliance
a) Certain communications practices – including without limitation the placing of unsolicited calls; the sending of unsolicited facsimile, internet facsimile, SMS, and/or other messages; and the use of certain automated telephone equipment to place certain calls – is regulated by the Privacy Regulations and other Laws. You agree, covenant, and warrant that:
b) (i) You are the creator of the content of, and are solely responsible for determining the destination(s) and recipient(s) of, all outbound User Communications “User Communications” means the content of calls, facsimiles, SMS messages, voicemails, voice recordings, conferences or other communications transmitted or stored through the Plan Services.;
c) (ii) all content, communications, files, information, data, and other content provided for transmission through Your Account, or the Plan Services will be provided solely for lawful purposes, and in no event shall any User Communication or any content thereof be in violation of the Privacy Regulations or any other Law; and
d) (iii) no unsolicited advertisements, solicitations, marketing or promotional materials, or commercial messages or content will be transmitted or distributed in the form of facsimiles or internet facsimiles through the Plan Services.
e) At 800Comms's sole option and without further notice, 800Comms may use technologies and procedures, including without limitation, filters that may block or terminate such unsolicited advertisements without delivering them.
f) You agree to indemnify and hold harmless 800Comms, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising: (i) out of Your violation or alleged violation of Privacy Regulations and other Laws; or (ii) otherwise related to any voicemail, text, and/or fax spam, solicitations, or commercial messages that You may send and/or receive using the Plan Services.
13.5- Export Restrictions
a) You acknowledge and agree that the software and/or hardware used in conjunction with the Plan Services may be subject to Laws governing the export, re-export, and/or transfer of software by physical or electronic means.
13.6- Recording Conversations or Calls
a) Certain features of the Plan Services may allow You or Users to record calls or other communications. You are required to obtain consent from all parties to record a telephone call. Your use of this call recording feature is governed by Law. By using the 800Comms call recording feature, You are required and agree to maintain compliance with all Laws. You understand and agree that You are solely liable for compliance with such Laws and under no circumstances shall 800Comms be responsible or held liable for such compliance. You understand that breach of such Laws may result in both criminal and civil sanctions against You. You agree to inform all Users of Your Account that their calls may be recorded and that they are obligated to comply with all Laws relating to their use of the call recording feature.
b) 800Comms expressly disclaims all liability with respect to Your recording of telephone conversations.
14. TERMINATION
14.1- Monthly Plan Customers
a) For monthly Plan customers, You may cancel or terminate Your use of the Plan Services with or without cause at any time by calling customer service, subject to the restrictions and fees provided in the Agreement, and any additional agreements governing the products or Services.
14.2- Annual Plan Customers
a) For annual Plan customers, You are purchasing the Plan Service for the full length of the applicable Term. You have thirty (30) days from the date of purchase for a pro-rated refund. After thirty (30) days, if You terminate the Plan Services prior to the end of the Term, subject to applicable Law, You are responsible for all charges for any remaining time left on the Term as if You remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, Taxes, and fees, including any applicable disconnection fee. In addition, You will not be entitled to a refund for any unused portion of prepaid Term charges.
14.3- Generally
a) You understand and agree that 800Comms may at any time, and without additional notice to You, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Plan Services if:
b) 800Comms determines or reasonably suspects that You have materially breached the Agreement;
c) 800Comms determines that You have created or caused to be created multiple free accounts;
d) 800Comms determines that You have used a fraudulent credit card or direct debit information to pay for Plan Fees on Your Account;
e) 800Comms determines that You have verbally insulted, abused, or harassed any of its employees, contractors, agents, or other representatives;
f) You did not or will not reasonably comply or cooperate with any applicable Law, or 800Comms is made aware of allegations of the same;
g) 800Comms is ordered by law enforcement or other government agencies to suspend or terminate the Plan Services to Your Account;
h) You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against 800Comms;
i) You file a petition in bankruptcy or insolvency, or if a petition in bankruptcy or insolvency, is filed against You and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over any of Your relevant property;
j) 800Comms determines that such action is necessary to protect, maintain, or improve the Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect 800Comms, its customers, or other third parties affiliated “Affiliate” a person or entity that is controlled by that party, controls that party, or is under common control with a party (provided that for purposesof this definition, “control” means beneficial ownership of all of an entity’s then- outstanding voting securities or ownership interests). with 800Comms; or for any other good cause;
k) You violate applicable Law or any of the Use Policies located at Section 8 of these TERMS; or
l) As otherwise contemplated by the Agreement.
m) Upon any termination or suspension of Your Account, 800Comms may immediately deactivate or delete Your Account and all related information and files in Your Account and/or restrict any further access to such files, information or the Plan Services.
n) 800Comms shall not be liable to You or any third party for any reason for terminating or suspending Your use or access to the Plan Services.
o) If You or 800Comms terminate or suspend Your right to use the Services, You shall not be entitled to any refund or pro ration of any pre-paid amounts, Account Credits, or other amounts paid to 800Comms prior to the termination or suspension date.
15. CHANGE
15.1- A. Service Changes
a) You understand and agree that 800Comms may make upgrades or changes to the Services which will not materially diminish the functionality of the Services without prior notice to You. In the event that a change to the Services would, in 800Comms's reasonable discretion and judgment, permanently and materially diminish or impair the functionality of the Services (a "Change"), and such Change is unacceptable to You, You may terminate the Services without penalty within thirty (30) days of becoming aware of the Change by calling 800Comms. Any use of the Services after such date will be deemed Your acceptance of the Change.
15.2- Future Changes to these Terms
a) 800Comms may change the Terms and Conditions from time to time upon delivery of electronic or written notices to You. 800Comms generally provides written notice of changes to Your Account, including these terms nd any other legal agreements, via email, electronic notice on the Website or Your Admin Portal, or on Your billing statements, or as otherwise required by applicable Law. You agree to carefully read and review each such e-mail notice, electronic notice, and billing statement from 800Comms fully regarding any such notices of changes to Your Account.
b) Subject to applicable Law, the modified terms shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of these terms and become binding on You on the later of the date they are posted on the Website or as otherwise indicated in the notice to You. You agree that You are solely responsible for: (i) making sure that Your registered email account is current and functional; (ii) checking Your registered email account regularly; (iii) checking the Website and the Admin Portal regularly; and (iv) making sure that 800Comms communications are not blocked or rendered undeliverable by You, Your computer, any software installed on Your computer, Your Internet service provider, or for any other reason. Continued use of the Plan Services will constitute Your acceptance of the modified terms. If the terms of these TERMS are amended and You do not wish to accept the modified terms, You may terminate these terms pursuant to, and in accordance with Section 9.
15.3- Promotional Services
a) You acknowledge and agree that in the event that 800Comms offers or provides You discounts or promotional services for Your Plan Services or an Account, 800Comms may terminate or modify the scope of such promotional services at any time without notice, unless 800Comms specifically agrees otherwise in writing in connection with its provision of the discounts or promotional services.
16. WARRANTY DISCLAIMER
16.1- 800Comms warrants that it shall provide the Plan Services with reasonable skill and care, within a reasonable time and substantially as described in this Agreement. To the extent permitted by law, the Plan Services are provided “as is” and “as available,” and 800Comms makes no promises or warranties, express or implied in relation to the Plan Services. Specifically and without limiting the foregoing in any way, 800Comms disclaims any warranty: (i) that any product or service will meet any particular requirements; (ii) that any product or service will be uninterrupted, timely, secure, error-free, or that any defects in any product or service will be corrected; or (iii) relating to the accuracy or reliability of the results obtained through use of your Plan Services, any Account, or any product or any user communications, data, information, or content downloaded or otherwise obtained or acquired through the use of any of the foregoing. The parties agree, and it is their intention, that in no event shall any warranty provided by Law apply unless required to apply by applicable statute notwithstanding their exclusion by contract. Without limiting the foregoing, You acknowledge and accept that certain Plan Services require You to have a stable, reliable and high-quality Internet connection at all times and 800Comms will not be liable for Your inability to properly access or use the Plan Services resulting from no or poor Internet connectivity.
16.2- Some jurisdictions do not permit the disclaimer of certain implied warranties, so certain of the foregoing disclaimers may not apply to You. To the extent that 800Comms cannot disclaim any such warranty as a matter of applicable Law, the scope and duration of such warranty will be the minimum permitted under such Law.
16.3- In its marketing, advertising, offering, and sale of the Plan Services, 800Comms attempts to describe the Plan Services as accurately as possible. Nevertheless, to the fullest extent permitted by Law, 800Comms does not warrant that any such information about Plan Services, including related software and hardware, is accurate, complete, reliable, current, or error-free. It is possible that such may be inaccurate or out-of-date, such as listing erroneous or out-of-date pricing information or referring to services that are no longer available. Such information is provided only for customers’ convenience and is not part of these terms or any other agreement with 800Comms.
17. LIMITATION OF LIABILITY
17.1- Consequential Damages
a) In no event shall 800Comms be liable to You or any third party for loss of use, data, equipment, products, business opportunities, or profits; or special,exemplary, indirect, incidental, consequential, reputational, or punitive damages of any kind, however caused and whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if 800Comms has been informed in advance of the possibility of, or could have foreseen, such costs, losses, or damages.
17.2- Direct Damages Cap
a) EXCEPT AS SET FORTH BELOW, 800COMMS’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE PLAN FEES PAID HEREUNDER DURING THE CALENDAR YEAR IMMEDIATELY PRIOR TO THE YEAR OF THE EVENT(S) GIVING RISE TO THE LIABILITY.
17.3- Scope and Exceptions
a) The limitations and exclusions set forth in the Agreement:
1.1.1 Shall not disclaim, limit or exclude, liability for death or personal injury caused by a party’s negligence or the negligence of a party’s employees or agents, or for fraudulent misrepresentation;
1.1.2- Shall apply to the fullest extent permitted by Law;
1.1.3- Shall not disclaim, limit, or cap Your obligation to pay any fees or charges or other amount owed to 800Comms or any damages to which 800Comms is entitled under applicable Law for infringement of Intellectual Property;
1.1.4- Reflect the allocation of risk between the parties; and
1.1.5- Shall survive termination or expiration of the Plan Services and apply in any and all circumstances, including without limitation in the event of any failure of the essential purpose of any limited warranty provided herein.
b) Some jurisdictions do not allow certain limitations of liability, so certain of the foregoing limitations may not apply to you.
18. SUPPORT AND FEEDBACK
18.1- 800Comms provides customer and technical support to You via telephone and e-mail for the Services. 800Comms will use reasonable efforts to troubleshoot and resolve issues reported by You but does not make any representations or guarantees that 800Comms will be able to fully resolve any such issues. Except as provided in this Section, 800Comms has no obligation to provide additional customer support, technical support, or to provide solutions (e.g., bug fixes to software) to any issues that may arise in Your particular use of the Services.
18.2- From time to time, 800Comms may send You surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant 800Comms, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty-free licence to use all feedback, answers, ideas, comments, or other information You provide to 800Comms.
19. ADDITIONAL TERMS FOR DIRECTORY ENQUIRIES SERVICE
19.1- 800Comms offers a directory assistance listing service (“Directory Listing”) associated with Your assigned Account, for which the following additional terms shall apply.
19.2- By subscribing to Directory Listing, 800Comms will share certain information about Your Account with third-parties as reasonably necessary to provide phone directory assistance (“Listing Information”). This information may include, without limitation, Your company name, address, and phone numbers. This information will be published in, and made publicly-available through, third-party directory assistance listing services, to be selected by 800Comms or third-party service providers in their sole discretion. You hereby permit and grant 800Comms a worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up licence to use and disclose the Listing Information for these purposes. You further acknowledge that by subscribing to Directory Listing, Your Listing Information may enter the public domain and that 800Comms cannot control third parties’ use of such information obtained through Directory Assistance Listing. You represent and warrant that the information provided in the Listing Information is true and accurate, and shall remain true and accurate (whether by updating such information or otherwise), at all times that You use the Services.
19.3- You may opt out of Directory Listing at any time. 800Comms may not be able to have Your Listing Information removed from some or all third-party directory assistance services that have already received Your information. You agree that 800Comms is under no obligation to have Your Listing Information removed from any third party directory assistance listing service already in receipt of such information.
19.4- 800Comms bears no responsibility or liability for any cost, damages, liabilities, or inconvenience caused by calls made to Your telephone number; materials sent to You; inaccuracies, errors, or omissions with Listing Information; or any other use of such information. For the avoidance of doubt, 800Comms shall not be liable to You for any use by third parties of Your Listing Information obtained through Directory Assistance Listing, including without limitation the use of such information after You have opted out of Directory Assistance Listing.
20. PRIVACY AND DATA
20.1- 800Comms respects Your privacy and will only use the personal data You provide to 800Comms in accordance with the Privacy Policy. By entering into the Agreement, you agree that you have read and understood the Privacy Policy.
21. SENSITIVE PERSONAL INFORMATION
21.1- No Storage of Health Information.
21.2- You acknowledge and agree that the Services are not designed, intended, or recommended for use as a repository or means by which to store health or other sensitive information. You represent and warrant that Your Plan and Your Plan Services will not be used for such purpose. 800Comms specifically makes no representation, warranty, or guarantee that the Plan Services, the Account(s), or the products (or the use of any of the foregoing by any party) comply or will comply with any Law designed to protect health or other sensitive information.
22. 800Comms’s Intellectual Property Rights
22.1- You agree that all rights, title and interest in and to all Intellectual Property in the Services, Applications, Website and any software or hardware used in conjunction with the foregoing, and any marketing materials or otherdocumentation provided in connection with the Services are owned exclusively by 800Comms, its Affiliates or their licensors. Except as expressly provided herein, the limited licence granted to You under the Agreement does not convey any ownership or other rights, express or implied, in the Services, Applications, Website or any marketing materials or other documentation provided in connection with the Services, or in any Intellectual Property. All rights not expressly granted herein are reserved and retained by the 800Comms Parties and their licensors, and no Intellectual Property or other rights or licences are granted, transferred, or assigned to You, any End User, or any other party by implication, estoppel, or otherwise.
22.2- Use and Disclosure of Intellectual Property
a) You represent, warrant, covenant and agree that You shall not disclose or use any of the Intellectual Property in the Services, Applications, Website, any software or hardware used in conjunction with the Services, or any marketing materials for any purpose following termination of the Plan Services or the limited licence granted under the Agreement.
22.3- New Versions of the Software
a) 800Comms, in its sole discretion, reserves the right to add, remove, or modify features or functions, and to provide fixes, updates and upgrades to the Plan Services without notification to You. You acknowledge and agree that 800Comms has no obligation to make available to You any subsequent versions of the Plan Services; provided, however, 800Comms shall make available to You any such features, functions, fixes, updates and upgrades and subsequent versions of the Plan Services that 800Comms makes generally available at no additional charge to customers who subscribe to the same edition of the Plan Services purchased by You. In addition, You and 800Comms acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to the Plan Services and that 800Comms is solely responsible for the provision of maintenance and support as provided in these TERMS and to the extent such maintenance and support is required under applicable Law.
22.4- Publicity Rights
a) You agree that 800Comms may identify You as a user of the Services in its business deals, press releases, marketing materials, electronic, printed, and broadcast advertising, newsletters, mailings, tradeshows, other promotional materials, on the Website, or any other third-party website where 800Comms or its designated agents may promote the Services; accordingly, You hereby grant 800Comms and its agents an irrevocable, perpetual, worldwide, non- exclusive, fully paid-up, royalty-free licence (with right to sublicense) to use, reproduce, publish, and display Your name, trade marks, service marks, designs, logos, and symbols in connection with such purpose.
22.5- Additional Licences
a) The Plan Services may comprise or incorporate services, software or products developed or provided by third parties. Use of such third party services, software and products shall be governed by the Terms and Conditions issued by the relevant third party and, in connection with Your use of the Plan Services, you agree to comply with all such third party Terms and Conditions in full.
b) 800Comms may update the third party services, software and products used in connection with the provision of the Plan Services from time to time in its sole discretion.
22.6- Relationship of the Parties
a) The parties’ relationship under the Agreement is that of independent contractors. Nothing in the Agreement shall constitute or create any employment, partnership, association, joint venture, agency, or fiduciary relationship between the parties. Neither party shall have the authority to bind or obligate the other party in any way.
22.7- Notices
a) Notices to You shall be effective on the date sent to Your registered electronic mail address when sent by email or, at 800Comms’s option, three (3) days following the date sent by post postage prepaid, and addressed to Your current address on Your Account. You are responsible for notifying 800Comms of any changes in Your contact information or address through Your Account settings page or by contacting customer service.
b) Written notice to 800Comms shall be effective when directed to 800Comms’s Legal Department and received at 800Comms’s then-current address as posted on the Website. Your notice must specify Your name, Account information, and security verification question and answer. All notices from You to 800Comms must be made in writing.
22.8- Force Majeure
a) Excluding either party’s payment obligations under the Agreement, neither party shall be responsible or liable for any failure to perform or delay in performing to the extent resulting from any event or circumstance that is beyond that party’s reasonable control, including without limitation any act of God; national emergency; riot; war; terrorism; governmental act or direction; Laws; breach, delay, act, or omission of any supplier, carrier, contractor, subcontractor, or business partner; failure, outage, or unavailability of third party network(s) or system(s); fibre, cable, or wire cut; power outage or reduction; rebellion; revolution; insurrection; criminal acts of third parties, earthquake; storm; hurricane; flood, fire, or other natural disaster; or strike or labour disturbance (each a “Force Majeure”). In the event that a Force Majeure prevents a party’s performance for more than forty-five (45) consecutive days, either party may terminate the particular Agreement document(s) impacted.
22.9- Third Party Beneficiaries
a) 800Comms’s Affiliates shall have the benefit of and the right to enforce all provisions of the Agreement which benefit and are enforceable by 800Comms. Subject to the foregoing, you agree that none of the terms in the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
22.10- Class Action Waiver
a) Any actions, lawsuits, or proceedings shall be conducted solely on an individual basis and the parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, group litigation, or in any other proceeding in which any party acts or proposes to act in a representative capacity.
22.11- Equitable Relief
a) You agree that any breach of 800Comms’s Intellectual Property will cause 800Comms irreparable harm for which monetary damages will be inadequate and 800Comms may, in addition to other remedies available at Law or in equity, obtain injunctive relief without the necessity of posting a bond or other security, proof of damages, or similar requirement.
22.12- No Waiver
a) In no event shall any failure or delay by 800Comms to: (i) assert or exercise any right; (ii) demand fulfilment or performance of any obligation; or (iii) avail itself of any remedy under the Agreement, in whole or in part, be deemed a waiver of any right or remedy under the Agreement on such occasion or any other occasion. Except as otherwise expressly stated in the Agreement, all rights and remedies stated in the Agreement are cumulative and in addition to any other rights and remedies available under the Agreement, at Law, or in equity.
22.13- Interpretation
a) The Agreement, including the documents incorporated in the Agreement, constitutes the entire agreement between You and 800Comms with respect to the Plan Services and supersedes all prior or contemporaneous understandings regarding such subject matter.
b) If any part of the Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect.
c) The failure of 800Comms to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or any other provision.
d) The section titles in the Agreement are for convenience only and have no legal or contractual effect.
e) This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
22.14- Assignment
a) Either party may assign the Agreement and any of its rights and obligations hereunder with the other party’s prior written consent (which such consent shall not be unreasonably withheld), except that 800Comms may, without notice, assign the Agreement and all of 800Comms’s rights and obligations hereunder to: (i) an Affiliate; or (ii) 800Comms’s successor or surviving entity in connection with a merger, acquisition, consolidation, sale of all or substantially all of its assets, or the transfer or disposition of more than fiftypercent (50%) of a 800Comms’s voting control or assets. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, the Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.
22.15- Severability
a) If any provision or portion of the Agreement is determined to be invalid, unlawful, illegal, void, or unenforceable, in whole or in part, then: (i) that provision or portion shall be construed in such a manner as to render the provision or portion enforceable and, to the extent possible, to reflect the parties' original intent and (ii) the remaining provisions and portions of the Agreement shall remain in full force and effect.
22.16- Survival
b) The following provisions of these Terms will survive termination or expiration of these TERMS for the maximum term allowed by Law: (i) Your payment obligations; (ii) terms relating to Intellectual Property ownership, customer representations, confidentiality, storage of user information, publicity rights, non-disparagement, indemnification, warranty disclaimers, limitations of liability, dispute resolution and arbitration, and choice of law; and (iii) all provisions that are intended by their nature to survive termination of the Agreement.
22.1- Accessibility Statement
a) If you have a disability and you need help to get the most out of your regular telephone we can be contacted at contact@800comms.co.uk about access features that can be made available to help you stay in touch using your phone. We may not be able to offer access features ourselves but we will certainly point you in the right direction by explaining what features are available, any applicable pricing and how they can be set up whether through us or your underlying mobile or fixed line provider.
b) We are committed to ensuring that the content on our website is available and accessible to all our visitors, particularly visitors with disabilities.
c) If you need help in understanding how you can change your computer, mobile phone, tablet or web browser to improve access to our website we recommend that you visit the BBC’s site http://www.bbc.co.uk/accessibility/guides/ for an explanation of the accessibility options available to you and how you can make changes to your computer, mobile phone, tablet or web browser.
22.2- WEEE Compliance
a) vServices Ltd is committed to comply all responsibilities as a registered member of UK government approved WEEE Compliance Scheme, where applicable. The UK WEEE Regulations were first introduced in 2007 with the aim of reducing the amount of EEE ending up in landfill. As per the requirements of the Regulations we finance the recovery and recycling of WEEE when it reaches the end of its life and ensure our EEE products are marked accordingly with a crossed out wheeled bin symbol and a date mark. We also provide information on reuse and environmentally sound treatment of the products.
22.3- Complaints
c) We are committed to addressing customer complaints as fairly and as quickly as possible.
d) The Customers may direct their complaints to complaints@800comms.co.uk or write to us at vServices Ltd, 18 Palm Court, Alpine Road London NW9 9BQ.
e) We will respond to an email within 5 working days. We will respond to a letter within 7 working days.
f) If your complaint has not been resolved by us to your satisfaction within a period of eight weeks, or if during the process of investigating your complaint you receive a deadlock letter from us notifying you that we can do nothing further to resolve your complaint, you have the option of referring your complaint to the Ombudsman Service for independent consideration. The Ombudsman Service will make an independent decision based entirely on the merits of your complaint. Contact details for the Ombudsman Service are as follows: The Ombudsman Service Ombudsman Services: Communications PO Box 730 Warrington WA4 6WU Web site: http://www.ombudsman-services.org/communications
22.4- 999 / 112 Emergency Services
a) If you use the Service outside England, Wales, Scotland and Northern Ireland you will not be able to call emergency services in the country where you are located.
b) We provide access to public emergency call services to all customers within England, Wales, Scotland and Northern Ireland. When you dial either 999 or 112, your call is routed from us to national emergency operators who will handle your call. The emergency operator will ask for specific information to correctly transfer your call. You will need to promptly and clearly state the nature of your emergency, your location and phone number, and any other requested information. The emergency operator will then route your call to the appropriate emergency agency, such as Police, Fire Brigade, Ambulance, Coastguard, Mountain Rescue, Cave Rescue
c) Service Outages Can Prevent 999 / 112 Emergency Services
d) 999 / 112 Emergency Services and our service DO NOT function during an electrical power or broadband provider outage, or if your account has been terminated.
22.5- Update our Policy
22.5.1- 800Comms will revise or update this Policy if our practices change or as we change existing services, add new services, or develop better ways to inform you of services we think will interest you. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. You should refer back to this page for the latest information and the effective date of any changes.
22.6- Contacting Us
22.6.1- If you have any questions, comments or concerns about this Policy, please e-mail us at contact@800Comms.co.uk, you can write to us at: vServices Ltd 18 Palm Court Alpine Road London NW9 9BQ
22.7- 800Comms is committed to the policies set forth in this Policy.
23. Indemnification
23.1- You agree to indemnify, defend and hold harmless vServices Limited, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
24. Law and Jurisdiction
24.1- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
24.2- If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
24.3- If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.