This Agreement ("Agreement") is between iNet Telecoms Ltd (Voipfone), and the Customer. The parties agree as follows:
The Customer acknowledges that this is a Voice over Data Network service, and as such, it is dependent on the Customer's connection to the data network and the data network itself. The Customer's service may therefore cease to function if there is a power failure or a failure in the underlying data network.
The Customer understands and acknowledges that this service allows calls to the emergency services numbers 999 and 112 and that calls to these services may fail if there is a power cut or if the customer's broadband connection fails.
The customer understands and acknowledges that the address provided by the customer will be passed to the Emergency Services and will be used in location finding during a 999 call. The customer understands and acknowledges that the address provided is the location that the service will be used and that it is the customer's responsibility to notify Voipfone of any changes to this information.
Subject to the terms and conditions of this Agreement, Voipfone will provide to the Customer, the telecom services and/or related services described in the specific package of services chosen by you. Voipfone shall take all due care in the provision and maintenance of the service to provide quality and reliability. As there are no Service Level Agreements (SLAs) that apply - and therefore no associated Service Level Guarantees (SLGs) - in the event of any failure or malfunction within our networks, Voipfone shall correct any failure or malfunction as soon as is reasonably practical.
The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to the Customer, provided, however, no Service shall commence unless and until Voipfone receives and accepts a completed Order from the Customer plus payment in full for Services to be rendered during the Initial Term and any setup charges.
Voipfone reserves the right to reject any submitted Order for any or no reason prior to acceptance by Voipfone. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term".
All fees for Services rendered or provided to the Customer shall be in accordance with Voipfone's price list then in effect. A price list setting forth Voipfone's current rates for Services is available on the web site.
Voipfone may, at any time, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.
All users signing up for the Voipfone service will be asked to read and agree to our terms and conditions before registration is completed. By agreeing to these terms and conditions the user agrees to abide to the terms and conditions.
When the user purchases services or sets up an auto top up, the user grants Voipfone continuous authority on the users debit or credit card until such time as the service(s) or auto top up are cancelled by the user and any outstanding monies have been paid. This includes all administration and porting fees. Should the user choose to cancel the user's monthly service(s) or auto top ups then Voipfone's continuous authority is immediately ceased.
In the event that Voipfone are unable to take a continuous authority payment from the user's card then the user will be informed by email and will be prompted to make a payment via "Your Account" in order for their services to continue. Unpaid items will be marked as expired and the user prompted to renew. A notice of expired items will also be displayed in "Your Account".
In the event that any amount due to Voipfone remains unpaid, Voipfone, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Voipfone) shall be paid by the Customer.
The customer will pay for all calls made from his account whether authorised or unauthorised. This includes, but is not limited to, calls made from fraudulent use of the account caused by hacking or any other form of unauthorised intrusion or use.
Voipfone services have a 30 day billing cycle. For the avoidance of doubt, when the word 'month' is used in relation to payments or contracts, it refers to this 30 day billing cycle. On payment of the monthly fee, services will be renewed on the 30 day anniversary of adding them to an account. Where a service is added to an existing account mid-month, a part payment will be taken pro-rata to the remaining days in the billing month.
The customer is wholly responsible for the safety and security of their Voipfone account and the equipment used by them to access the Voipfone network and services and must put in place such safeguards as necessary to prevent unauthorised use. The customer is responsible for all persons who use their username and password to access the service, whether authorised or not. Voipfone accepts no responsibility for costs incurred by the customer from unauthorised usage of a customer's account
Voipfone reserves the right to check the security of a customer's equipment or devices used to connect to its network if it reasonably believes that equipment on the customer's network may be at risk from external attack (hacking) or if they believe that its terms and conditions of use are not being followed.
Voipfone will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Voipfone shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.
Any users causing inappropriate cpu (central processor unit) usage, system load, performing any illegal activities or misusing 999 / 112 services will be immediately suspended.
Any users found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a £450 clean-up and service fee upon termination. On such accounts all monies outstanding must be paid and refunds for any remaining months will not be given.
Customer conduct: Voipfone will not tolerate bad language, verbal or threatening behaviour either via phone, email or any other form of communication Voipfone expects that their Customer service and support representatives act in a polite and courteous manor at all times although when faced with over demanding, threatening or abusive callers they are empowered to terminate calls and suspend a users account pending investigation.
Voipfone reserves the right to determine what constitutes abuse of their staff or services.
Non-UK Telephone numbers: When ordering non-UK telephone numbers you are obliged to conform to the telephone numbering regulations of the country concerned. This will normally mean that you must use the service from within the geographic numbering range you wish to order and you should register an account with Voipfone from an address covered by the number range. Failure to do this may result in the loss of your number.
Music on Hold. Licences: Voipfone's custom Music on Hold service is a storage only system. You are wholly responsible for ensuring that you have the appropriate rights and licences to play the music that you upload. If in doubt, consult the Performing Rights Society.
Take Down. We will remove any content that is contrary to UK law, or considered inappropriate or indecent without consultation or prior notice and at our sole discretion.
Customers are required to keep their account in good order and ensure that they check their account on a regular basis by logging in to "Your Account" on our website. All services are controlled by the customer using the on line control panel. This includes the purchase, renewal and cancellation of services.
Customers are responsible for the security and integrity of their own systems and network infrastructure. When contacting our customer services department you will be asked for your account number and your memorable word. Our customer services staff will never ask for your full password by email or any other method of communication so you should never disclose it.
We will only discuss and take instructions from customers who are able to give us the last 3 digits of the account's password or by contacting us by email from the address that their account is registered to. The customer accepts that knowledge of the account's password authorises Voipfone to deal with an individual contacting us.
Customers are required to keep their user details safe and secure and are responsible for security and integrity of their own local network and email addresses.
Acceptable Usage: Heavy users of the Broadand service, who in Voipfone's reasonable opinion could be seen to be over-using their service, may at Voipfone's discretion, find their available bandwidth restricted at certain times of the day and, if persistent, may have service suspended or terminated.
From time to time, Voipfone will email its customers with information that it judges necessary for the ongoing upkeep and maintenance of their accounts and with information about changes, updates and new services that have become available. The Customer agrees to accept these emails unless and until they cancel all active services on their account.
Where UK telephone number(s) have been assigned, the Customer is required to ensure that their usage complies with:
Voipfone may suspend or terminate the service, immediately, if it determines, in its sole and absolute discretion, that the Customer is failing to comply with any, or all, of the above requirements.
The Customer agrees to use all Voipfone Services and facilities, and any information obtained through or from Voipfone, at Customer's own risk. Customer acknowledges and understands that neither Voipfone, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Voipfone specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
Under no circumstances, including negligence, shall Voipfone, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorised access to Voipfone's records, programs or services, whether or not Voipfone was advised in advance of the possibility of such loss or damage.
Voipfone further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the amount which the Customer paid during the month immediately preceding the claim or the term of this Agreement, whichever is less.
The Customer shall defend, indemnify, save and hold Voipfone harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Voipfone, its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.
This Agreement may be terminated by Voipfone at any time if, in the sole judgment of Voipfone, The Customer breaches any material provision of this Agreement or in the event of non-payment by the Customer or if the Customer is in violation of any terms or conditions of Voipfone's Usage Policy.
Voipfone operates a 30-day ("monthly"), pre-pay, service. The price of your monthly paid services will not vary within the 30-day contract period. However, in exceptional circumstances, where our call termination partners have materially increased their wholesale rates, Voipfone reserves the right to increase the per minute call price(s) paid for using calling credit on your account. Call plans and packages will be unaffected.
The Customer hereby acknowledges that the Customer has seen and reviewed a copy of Voipfone's "Usage Policy" provided on the Voipfone website and that the terms of the Usage Policy are incorporated herein by reference. Voipfone reserves the right to amend these terms and conditions and the Usage Policy from time to time and the Customer shall be bound by any such amendments. The Customer shall have the obligation to periodically visit Voipfone' website to review the terms and conditions and its Usage Policy and to make certain that the Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.
All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to Voipfone shall be delivered to its address stated below or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
This Agreement sets forth the entire agreement between Voipfone and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without Voipfone' prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Voipfone's services.
The following applies to the Voipfone Unlimited plan
Allowable use is reasonable and normal use in the day-to-day running of a typical business. You may not use methods to take advantage of your Voipfone Unlimited plan by using the service excessively or by means not intended by Voipfone. Each user of the service requires one extension to be purchased. It must not be used with third-party PBXs. Voipfone may suspend or terminate your service immediately if it determines, in its sole discretion, that you are abusing this service.
Some examples of non-normal, prohibited uses are:
This is not an inclusive list. We will consider each potential abuse on its own merits when considering whether your usage is allowable under this contract.
In reaching a decision to suspend or terminate your service Voipfone will take into account the activities above and compare your usage and calling patterns to the average usage and calling patterns of all its customers.
Abusive or excessive use may cause network congestion problems either in our own network or those of our partners that we inter-connect with. If your abusive or excessive use of the Voipfone service disrupts the Voipfone service or the services provided by our inter-connected partners either directly or indirectly it will result in the immediate disconnection of your service and may lead to the suspension or termination of your contract.
Depending on the form of abuse detected, your account may be suspended or permanently terminated. In Voipfone's sole discretion you may be moved to a non-unlimited plan or removed from the service entirely. If you are removed from service before the end of your contract you will be liable for the remaining costs of it.
Equipment Purchase. Voipfone will honour their money back guarantee when the Customer has returned all equipment that has been supplied to them. If you have simply changed your mind about any item ordered, and you wish to return it, you can do so provided you inform us of your decision within 14 days of receipt. The item must not be used and must be 'as new' when returned to us. Customers can complete a form by logging to their account on our website and, if we can't resolve the problem with you directly, you will be issued with an RMA number. You then have 28 days to return the goods to the address you will be provided with. (Please do not return goods to our registered address, for security reasons this building cannot receive packages and they will be turned away).
Once we have received the item, we'll issue a refund for the product. All equipment must be returned complete and in its original packaging and in an "as new condition" With the exception of goods delivered incorrectly or that are faulty on arrival, the cost of return carriage is your responsibility.
Calling credit and Services. No refunds will be given on cancellation for prepaid calling credits, or any of our monthly or 12 month contract services.
Any calling credit and any other assets left on an account that has been dormant for longer than 12 months will be deleted and is not refundable.
Please note that calls to Voipfone may be recorded to help us in dispute resolution and for training purposes.
Voipfone's VoIP services can be cancelled at anytime but must be done by the customer using the online control panel. After cancellation, Voipfone services will continue until the expiry of the balance of the 30 day billing period. Part month refunds are not given.
If you cancel your service within the 12-month contract period or if a payment is not made by the due date within the 12-month contract period you will be liable for the remainder of the contract period and we reserve the right to charge your debit or credit card for the outstanding amount.
Canceled services will continue to function and be billed for until a cessation notification is received from BT Wholesale Services and all internal processes are complete. The customer will also be required to pay the service cease fees upon cancellation of their service.
Unused parts of monthly billed services are not refundable.
We will only accept porting instructions from the individual named on the Voipfone account.
In the event of a dispute over the customer's right to port, the original name on the account will be taken as ownership and the customer may be asked for proof of identity before any porting request is accepted.
In the event of a dispute between iNet Telecoms Ltd (Voipfone) and the Customer, the Customer in the first instance should contact Voipfone direct. Full company details are shown below. In the unlikely event that a complaint cannot be settled locally, the Comms Council UK Code of Practice contains an easily accessible dispute resolution scheme for the purpose of bringing such complaint to a satisfactory conclusion.
iNet Telecoms® Ltd
227 Marsh Wall
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