1) Introduction and Scope of Agreement
a) The Service we (Via-Vox) supply to you (our Customer) is the ability to have simultaneous telephone calls with other Participants via the telephone network. b) The Service will be subject to available capacity and we do not guarantee that the number of connections required by you will always be available at any given time. c) In providing the Service, we promise to use the reasonable skill and care of a competent telecommunications service provider.
2) Definitions
"Via-Vox Price List" means the list which identifies the charge(s) for the Service and which is available at the following URL http://www.via-vox.co.uk "Call Charge" means the price charged to the caller by BT or other network operator. "Contract" means, in order of precedence, these conditions, the Via-Vox Price List and the Registration Process, or subscription form where relevant. "Participant" means anyone you allow to use the Service. "No Registration Service" The Via-Vox Conferencing Service used without registration "Registration Process" means the registration process completed by you via the Internet. "Registered Service" The Via-Vox Conferencing Service used by participants who have completed the Registration Process "Service" means all or part of the Service explained in paragraph 1 that we agree to provide to you under this Contract. "We" and "us" means Via-Vox Limited. "You" means the customer we make this Contract with and who is named at the Registration Process.
3) Duration
3.1) For Open and Enhanced Access customers: a) For use of the No Registration (Open Access) Service this contract begins when you use the service for the first time b) If you use the Registered (Enhanced Access) Service this Contract begins when you have successfully completed the registration process and have received an email confirming your PINs. c) For both these services mentioned in point 3.1, there is no end, as the service is used on an as and when basis. 3.2) For Premium Access Customers: a) This contract begins when you have completed the subscription form. b) This contract expires at the end of the period stated, or with a three month notice of termination issued by either You or Us.
4) Provision of Services by Via-Vox Limited
a) We may have to do some things that could affect the Service. These things are listed in paragraph 4b. If we have to interrupt the Service we will restore it within a reasonable time. b) Occasionally we may have to: i. change the code or phone number or the technical specification of the Service for operational reasons; ii. interrupt the Service for operational reasons or because of an emergency; iii. give you instructions that we believe are necessary for health or safety, or for the quality of the Service that we supply to you or to our other customers and you agree to observe them; but before doing so, we will give you as much notice as we can.
5) Phone Number
a) You have no right to sell or to agree to transfer the number provided to you for use with the Service and you must not try to do so. b) Nobody must advertise the phone number for the Service in or on a phone box without our consent, and you must make sure that this does not happen. The action that we can take if this happens is explained in paragraph 12. We will however give you written notice before taking any such action. c) Use of your information - We will use the information we have about you and your use of the Service for marketing purposes unless you have asked us not to.
6) Availability
a) The Service is available 24 hours a day 7 Days per week. Except i. If planned maintenance is scheduled the service may not be available between 2am and 5am Sunday morning ii. If unplanned maintenance is required calls may be truncated or may not connect. In this circumstance Via-Vox will use their best endeavours to restore the service as soon as possible b) Maintenance schedules and service status can be found on the Via-Vox web site www.via-vox.co.uk
7) Repairing faults
a) We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can.
8) Charges for the Service
a) Each user of the Service, including you, will be charged the prevailing Call Charges for calls to the dial-in number applicable to the service you are using. These Call Charges apply for direct-dialled calls from all telephone lines, including mobile networks, payphones, and those operators employing chargecards. The rates for direct-dialled calls are shown in the telephone operators' price lists and are subject to change. b) The Call Charges for each user of the Service, including you, will be invoiced on their standard telephone bill issued by their telephone operator. c) Each user of the Service, including you, is liable to pay the charges for the Service which must be paid in accordance with the terms and conditions of their telephone operator. This applies whether you use the Service or someone else does. d) There are no cancellation or booking charges.
9) Your Responsibilities
a) You and the Participants must use tone-dialling telephones to dial-in to the Service. b) You are responsible for the security and proper use of the Access Codes once you have received them from us.
10) Misuse of the Service
a) Nobody must use the Service: i. to make offensive, indecent, menacing, nuisance or hoax calls; or ii. fraudulently or in connection with a criminal offence; and you must take all reasonable precautions to ensure that this does not happen. The action we can take if this happens is explained in paragraph 12. If a claim is made against us because the Service is misused in this way and you did not take all reasonable precautions to prevent that misuse, or did not notify us of that misuse at the first reasonable opportunity, you must reimburse us in respect of any sums we are obliged to pay. iii. In a way contrary to the Via-Vox Acceptable Use Policy available at www.via-vox.co.uk b) Voice Calls may be recorded and the recording used for the sole purpose of investigating abuse of the system
11) Indemnity
a) You must indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them.
12) Limitation of Liability
a) We accept liability if you are injured or die as a result of our negligence. We do not limit that liability and paragraphs 12a, 12b and 12c do not apply to that liability. b) We have no liability for any unauthorised use or misuse of the Service by you or anyone else. c) We have no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed. d) Any liability we have of any sort (including any liability because of our negligence) is limited to the costs of the call charges incurred for the call in question. e) We are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment. f) Each part of this Contract that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply. g) Matters beyond our reasonable control - If we cannot do what we have promised in this Contract because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. If any such events continue for more than three months, we can terminate this Contract by giving you notice.
13) Termination or Suspension of Services
a) We can suspend the Service or end the Contract (or both): i. immediately if you materially breach this Contract and /or we believe that the Service is being used in a way forbidden by paragraph 10a. This applies even if you do not know that the calls are being made or the Service is being used in such a way; we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action; ii. upon reasonable notice if you breach this Contract, other than by using the Service in a way forbidden by paragraph 10a, and fail to remedy the breach within a reasonable period of being asked to do so; or iii. Immediately if bankruptcy or insolvency proceedings are brought against you, or if you do not make any payment under a judgement of a Court on time, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. We will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action. b) If we suspend the Service, it will not be restored until you satisfy us that you will only use the Service in accordance with this Contract.
14) Variation
a) We can change the conditions of this Contract including our charges at any time. We will give you at least 2 weeks notice of any change to these conditions. b) You cannot transfer or try to transfer this Contract or any part of it to anyone else. c) You may cancel the Service, by writing to us at the address in paragraph 15a at any time up to the time when you first use the Service. d) If you do not use the Service for at least 6 months we reserve the right to give notice to terminate your account and withdraw the Service.
a) Any notice given under this Contract must be delivered by hand or sent by facsimile or prepaid post or by email as follows: i. to us at Via-Vox Limited, 37 Strawberry Vale, Twickenham, Middlesex, TW1 4RX, or at any other address we give you; ii. to you at the address you gave during the Registration Process, or as notified in writing to us.
15) How to give us notice:
a) Any notice under this contract must be delivered of sent by fascimile or pre-paid post or by e-mial as follows: i. to us at Via-Vox Limites, 39 Strawberry Vale, Twickenham, Middlesex, TW1 4RX, or any other address we give you. ii. to you at the address you gave us on the Subscription Form, or as notified in writing to us.
16) Third Party Rights
a) A person who is not a party to this Contract, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
