Our Policies, Terms and Conditions of the different services we provide.
Terms and Conditions for Broadband & Fibre
This document sets out the Terms and Conditions of your use of the Broadband services provided by Talk4 Telecoms Telecom (“Talk4 Telecoms”, “We”, “Us”, “Our”) and comprises the entire agreement for your use of our Broadband services (“the Agreement”). Any changes or additions to these Terms and Conditions, the Broadband Services, or associated computer security or backup services and software must be agreed to in writing by Talk4 Telecoms. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. These Broadband Terms and Conditions apply in conjunction with the Terms and Conditions of your Telephony Terms and Conditions. On cessation of the Telephony Agreement in accordance with paragraphs 4a; 4b; 4c and 4d of said agreement, paragraphs 5a; 5b and section 6 of the Terms and Conditions of the said agreement will continue to apply to this Agreement.
1.1 This Agreement commences on the date you accept these Terms and Conditions by signing the Talk4 Telecoms Broadband application form, applying on-line, or via the telephone application process (the “Commencement Date”) and will continue for 12 months or the contracted length of time applicable for the Broadband tariff you have taken. These Terms and Conditions remain indefinitely thereafter unless terminated earlier by either party in accordance with Clause 12 of this Agreement.
2.1 We will provide the Broadband services and, if purchased, computer security or backup services and email (collectively known as the “Broadband Services”) to you with reasonable skill and care and in accordance with the provisions of this Agreement. Whilst we will use our reasonable endeavours to begin providing these Broadband Services by any date provisionally agreed with you, we have no liability for any failure to meet any date. We can only provide services in areas of the United Kingdom in which we are technically able to offer Broadband services from time to time.
2.2 In order to use the Broadband Services, you need an existing BT analogue telephone line and a personal computer of a minimum specification as per Clause 4. You must also ensure that compatible cables and extension leads are used to and from your telephone socket, modem and PC in order to use the service. You acknowledge that we are dependent upon certain third parties to install and provide the Broadband Services to you. You also acknowledge that there may be technical limits that prevent us from delivering an operational service to you. We will endeavour to provide the Broadband Services to you at the access rate you choose but, due to congestion within the network, the ability of your BT line to carry data services, distance from the exchange; the speed of service may be reduced at times.
2.3 You must cancel any other broadband service supplied by another company through the BT telephone landline that you wish to use to receive our broadband service and your BT telephone landline at your location must be clear of your former supplier’s broadband service. Alternatively, you must provide us with a valid migration code to transfer the broadband service from your current supplier. If you have purchased a computer security service, you must uninstall any other computer security services from your computer.
2.4 We do not undertake to provide a fault free service. If, however, a fault occurs, you should report the fault by telephone, electronic mail or in writing to the Support Service. We will use our best endeavours to correct any defect or fault in the services provided to you as soon as possible. We will let you know as soon as reasonably practicable of any periods of downtime of the Support Service.
2.5 Talk4 Telecoms will not be responsible for any Faults arising from customer’s premises equipment. A £165 call out charge will be applied to engineering visits where the fault is found to be with your equipment or where an engineer attends and find no fault.
2.6 Modem Support: Modems purchased directly from Talk4 Telecoms will receive technical support within their warranty period. Technical support for modems acquired from any other source is therefore the responsibility solely of the modem manufacturer, or will be charged if support is received by Talk4 Telecoms.
2.7 We may suspend the Broadband Services including during scheduled periods of downtime where necessary for operational reasons such as repair, maintenance or improvement of the Broadband Services or because of an emergency. Talk4 Telecoms will restore the Broadband Services as soon as it reasonably can after suspension.
2.8 We may, for operational or other reasons, change any codes or the numbers allocated to you or the specification of the Broadband Services but any such changes will not materially affect the Broadband Services.
2.9 We reserve the right to vary the Content (as defined in clause 5.2 below) from time to time in our sole discretion and do not guarantee or warrant that any particular item or items of Content will be available at any given time or at the commencement of the Broadband Services.
2.10 We may immediately suspend your access to the Broadband Services in the event that you do not pay an invoice in accordance with Clause 3.
2.11 If you currently receive a Broadband service from an alternative supplier you are responsible for any contractual agreement you have with them and any liabilities you may incur for terminating your current agreement.
3.1 Talk4 Telecoms charges you for using the Broadband Services covered by this Agreement. Initially you are charged at the rates specified on the application form or published in our price lists. All charges are exclusive of any VAT. Please note:
3.1.1 Talk4 Telecoms will charge £78 + VAT to reinstate lines that have been ceased due to non-payment and £25 that have call barring
3.1.2 If you change address, you may transfer the Broadband Services to your new address on payment of the moving fee of £51.99 + VAT.
3.1.3 Charges for your Broadband Services will be incorporated into your monthly Talk4 Telecoms Telecom invoice. We will send your invoice to the address on your registration details. We also reserve the right to send your invoice by email every month.
3.1.4 Talk4 Telecoms will charge a £149.99 + VAT disconnection fee should the agreement be terminated due to non-payment.
3.1.5 In the event that all telephone lines on the said agreement have transferred away or been ceased but the broadband connection is still billing on that said agreement your current tariff will increase by £5 + VAT.
3.1.6 Talk4 Telecoms will charge £149.99 + VAT cancellation fee should the agreement be terminated within the agreed contract period length from the Commencement Date. For broadband services, Talk4 Telecoms will charge a cancellation fee of £199 + VAT should the agreement be terminated within the agreed contract period length from the Commencement Date.
3.1.7 If you end your contract for Broadband Services with us and do not request and use a MAC, we reserve the right to charge, and you agree to pay us a cessation fee to cover any cancellation charge that we must pay BT and our associated administration costs. The cessation charge will not be payable if you are moving home and either you have subscribed to our Broadband Services at your new address or we are unable to provide the Broadband Services at your new address.
3.1.8 Talk4 Telecoms will apply a reasonable monthly charge (see Price list) if your telephone line is incompatible with our Next Generation Network or if the telephone exchange that serves your telephone line has not been upgraded to support our Next Generation Network (see Section 3)
4.1 You will ensure that any equipment that you attach (directly or indirectly) to the Broadband Services is technically compatible with the Broadband Services and that its use does not breach any relevant legislation or telecommunications industry standards.
4.2 Minimum system requirements:
5.1 These Broadband Services are provided solely for your use and you must not resell or attempt to resell the Broadband Services (or any part of it) to any third party. In addition, if you have a mail server, you must not allow relay emails from outside your domain from your mail server.
5.2 We do not warrant or guarantee the accuracy or completeness of any of the information, sound, software and any other materials (in whatever form) and services made available to you as part of the Broadband Services (the “Content”) or any further information or results which may be derived from it. You acknowledge that you will not rely on any Content in making any business or other decision and that your use of the Content is at your sole risk.
5.3 Please note that there may be additional conditions (either ours or those of a third party) displayed on line relating to particular Content. These conditions will also form part of this agreement should you access such Content.
5.4 You are entirely responsible for evaluating any goods or services offered by third parties via the Broadband Services or on the Internet. We will not be a party to or in any way be held responsible to you for any transaction between you and third parties.
5.5 You warrant that any information you make available on your website, both yours (“Customer Information”) or that of a third party (“Third Party Content”) is and will remain wholly accurate and will not include any information or material, any part of which, or the accessing of which or use of which, would be a criminal offence or is otherwise unlawful.
5.6 You also warrant that you will comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities and relevant licences which relate to the provision of the information on your website including those notified by us to you.
5.7 You must not use the Broadband Services, including associated computer security or backup services and software:
5.7.1 in a way that breaches any legislation or any licence applicable to you or that is in any way unlawful or fraudulent; or
5.7.2 to deliver, knowingly receive, upload, download, use or re-use any information or material which is abusive, defamatory, obscene or menacing, or in breach of any copyright, privacy or any other rights; or
5.7.3 to send or procure the sending of any chain letters or unsolicited advertising or promotional material (“spamming”); or
5.7.4 in a way that does not comply with our specific instructions.
5.7.5 to propagate computer worms or viruses
5.7.6 to attempt to gain unauthorised entry to any site or network
5.7.7 to distribute child pornography, obscene or defamatory material
5.8 You will fully indemnify us against all losses, damages, amounts paid by way of settlement, costs and expenses (including legal fees) of whatsoever nature suffered or incurred by us arising out of or in connection with any actual or potential claims or legal proceedings against us by a third party because of your use of the Broadband Services in breach of the provisions of this Clause 5. We shall notify you of any such claims or proceedings and inform you regularly as to the progress of such claims or proceedings.
5.9 You acknowledge that Broadband Services are provided to other users and we owe a duty to these users as a whole to preserve our network integrity and avoid network degradation. If, in our reasonable opinion, we believe that your use of the Broadband Services has or may adversely affect such network integrity or may cause network degradation we may manage your transmission speed, the type of traffic you are passing, and/or suspend your service.
5.10 We operate a fair use policy to protect the quality of service to our customers. If we believe that your use of the Broadband Service is adversely affecting our network (or any part of it) or our other customers use of our services or if your usage is significantly different from what we would expect from a business customer, we reserve the right to manage or regulate your usage in accordance with the fair usage policy. We will not impose any restrictions on you or impose an additional charge without prior notice. ,If after we have sent you notice, we believe that your use of the Broadband Service continues to adversely affect our network (or any part of it) or our other customers use of our services or if your usage continues to be significantly different from what we would expect from a business customer then we may:
5.10.1 Restrict your download and upload speeds;
5.10.2 Apply additional charges for additional high bandwidth usage;
5.10.3 Suspend your service; and
5.10.4 Cease your service.
5.11 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the broadband service either by yourself or by someone you have knowingly allowed to use the Broadband Service we provide to you.
6.1 You must ensure that user names and passwords used in connection with the Broadband Services are kept confidential and are only used by authorised users. Please inform us immediately if you know or suspect that a user name or password has been disclosed to an unauthorised user or is being used in an unauthorised way. You must not change or attempt to change a user name without our written consent.
6.2 We reserve the right (at our sole discretion):
6.2.1 to suspend user names and password access to the Broadband Services if at any time we think that there has been or is likely to be a breach of security; and
6.2.2 to ask you to change any or all of the usernames and passwords you use in connection with the Broadband Services.
6.3 You must inform us immediately of any subsequent changes to the information you supply to us when you register for the Broadband Services.
6.4 You accept and acknowledge that the Broadband Services, like other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Broadband Services.
7.1 We may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain the Broadband Services. Please note that we may record your telephone calls with us and we will keep a record of personal information you provide to us in connection with the Broadband Services.
7.2 We will comply with our obligations under the Data Protection Act 1998 and other any applicable data protection legislation. You are also required to comply with all data protection legislation. In addition, you must maintain all required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.
7.3 By registering for the Broadband Services you consent to our using and/or disclosing your personal information for the following purposes:
7.3.1 processing your application (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account);
7.3.2 providing or arranging for third parties to provide Customer Care/Help Desk facilities and billing you for the Broadband Services (which may involve disclosing your information to third parties solely for those purposes); and
7.3.3 to selected third parties for the purposes of providing and operating the Broadband Services.
8.1 You warrant that you are the owner of, or that you are authorised by the owner of, any trade mark or name that you wish to use as your registered Domain Names (“Domain Names”) and use as part of your uniform resource locator (“URL”).
8.2 If we undertake Domain Names and URL registration on behalf of you, you will reimburse us for any registration fees paid by Talk4 Telecoms Telecom to the Internet registration authorities. We do not guarantee that any Domain Names or URL requested by you will be available.
8.3 We may require you to select a replacement Domain Names or URL and may either refuse to provide or may suspend the Broadband Services if we reasonably believe that the Domain Names or URL is, or is likely to be, offensive, abusive, defamatory or obscene or in breach of the provisions of Clause 5.7.
8.4 Any patents, design rights, know-how, copyrights, trademarks, the right to use software and all other similar intellectual property proprietary rights (whether registered or unregistered) worldwide (“Intellectual Property Rights”) relating to the Broadband Services, including backup and computer security software packages, or arising during the development of the Broadband Services, belong to us or to a relevant third party.
8.5 The Content is protected by copyright, trademark and other Intellectual Property Rights, as applicable. You must not and must not permit anyone else to copy, store, modify, distribute externally, broadcast or publish any part of the Content, and the Content may only be used for your own purposes.
9.1 You will fully indemnify and hold us harmless against all losses, damages, amounts paid by way of settlement, costs and expenses (including legal fees), of whatsoever nature, suffered or incurred by us as a result of any claims or proceedings arising from infringement of any third party’s Intellectual Property Rights by reason of your use or publication of the Customer Information, the Content or Third Party Content.
10.1 Where we provide software to you to enable you to use the Broadband Services, including backup and computer security services (“Software”), we grant you a non-exclusive, non-transferable licence to use the Software solely for the term and purposes of the Agreement. You use this software at your own risk. You agree to use the software only in accordance with the End User License Agreement, which you will be required to accept in order to install the software.
10.2 Any software provided to you as part of the Broadband Services is provided for your use only. You must not re-sell, rent, transfer, assign or sub-license the software to anyone else. You may make one copy of the software for back up purposes, but are not otherwise allowed to copy, decompile or modify the software (in whole or in part) for any purpose unless specifically permitted by law. You may not adapt, transmit, distribute externally, play or show in public, broadcast or publish any part of the software. Except as permitted by applicable law or as expressly permitted under this Agreement you must not copy, de-compile or modify the Software (in whole or in part), or copy the manuals or documentation (in whole or in part).
10.3 We may offer updates or modifications to the Software or documentation and we will notify you of any applicable charges for such updates or modifications at the time we offer them to you.
11.1 Nothing in this Agreement excludes or limits each party’s liability with respect to death or personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
11.2 We shall not be liable to you, whether in contract, tort (including negligence) or otherwise, for direct or indirect loss of profits, business, revenue, any contract, opportunity, or anticipated savings, loss of goodwill or injury to reputation, nor for any indirect or consequential or special loss or damage or for any destruction or loss of use of any data, including any corruption of data or losses arising from your use of or failure to use the computer security or backup services or software, whether any such losses could be reasonably foreseen by us or not.
11.3 Subject to Clauses11.1 and 11.2, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose.
11.4 We are under no obligation to edit, review or modify Customer Information or Third-Party Content. However, we reserve the right to remove any Customer Information or Third-Party Information without notice.
11.5 We exclude all liability of any kind in respect of:
11.5.1 Customer Information, Third Party Content, Content and any other material on the Internet which can be accessed using the Broadband Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Broadband Services or on the Internet;
11.5.2 the accuracy, completeness or suitability for any purpose of any Content; and
11.5.3 the acts or omissions of other providers of telecommunications or Internet services (including Domain Name registration authorities) or for faults in or failures of their equipment.
12.1 We may at any time (whether during the Initial Period or otherwise) terminate this Agreement giving 90 days notice to you.
12.2 We may at our sole discretion terminate this Agreement or suspend the Broadband Services immediately, in the event that:
12.2.1 we are directed by any competent authority to cease the provision of the Broadband Services or any part of it; or
12.2.2 you fail to pay any charges for the Broadband Services; or
12.2.3 any credit card or direct debit details submitted by you for payment are found not to be or cease to be valid; or
12.2.4 if you use the Broadband Services in contravention of any of Clauses 5, 6 and 8; or
12.2.5 your contract with us or your telecoms provider for your direct analogue exchange line is terminated; or
12.2.6 our contract with any third party who assists us in providing the Broadband Services to you is terminated; or
12.2.7 we become aware of any breach of third-party Intellectual Property Rights caused by the Customer Information or the Third Party Content; or
12.2.8 you are in breach of our Fair Usage Policy If we suspend the Broadband Services in accordance with this Clause 12.2, we may, at any time following such suspension (and if the circumstance in Clause 12.2 remains) immediately terminate the Agreement.
12.3 You have the right to cancel this Agreement by giving written notice within 5 days from the date of acceptance of this Agreement. If we have supplied you with a Modem as part of a promotional offer you must either pay for the Modem or return such Modem to us unused and in the original undamaged packaging.
12.4 You may terminate this Agreement on giving at least 1 months’ notice, such notice to be effective no earlier than the end of the first 12 months period or the length of time applicable to the Broadband contract you have taken from the Commencement Date. You must pay all Fees for the Broadband Services until the date on which the termination notice expires.
12.5 You may also terminate this Agreement at any time on giving at least 1 months’ notice if you move to a new address to which it is not possible to provide the Broadband Services on production of proof of your changed address.
12.6 Either party may terminate this Agreement immediately, on notice, if the other commits a material breach of this Agreement and fails to remedy the breach within 28 days of a written notice to do so, or if the other goes into liquidation, becomes bankrupt, has a receiver appointed, makes a composition or voluntary arrangement with creditors or enters into administration, or a moratorium comes into force in respect of the other (within the meaning of the Insolvency Act 1986).
12.7 Upon termination or expiration of this Agreement registration to any of our services or those of third parties provided in the course of and/or for the purposes of the Broadband Services will cease at such time as the provision of the Broadband Services ends.
13.1Neither party will be liable to the other for any failure to deliver the Broadband Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to: lightning, exceptionally severe weather, fire, explosion, war, industrial disputes, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.
14.1 We may change the provisions of this Agreement (including the charges) at any time, provided that we will give you notice of the changes at least 30 days before the change is to take effect at which time you may terminate this Agreement without charge if the change materially affects the Broadband Services.
14.2 This Agreement represents the entire agreement between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written.
14.3 The parties acknowledge and agree that:
14.3.1 the parties have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it; and
14.3.2 in connection with this Agreement the parties’ only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Agreement and that all other rights and remedies are excluded, except in the case of fraud.
14.4 The parties do not intend that this Agreement be enforceable by any person not a party to this Agreement including under the General Terms (Rights of Third Parties) Act 1999 with the only exception of Clause 11 above which will also be enforceable by Talk4 Telecoms directors, employees, agents and subcontractors.
14.5 Notices given under this Agreement must be in writing and may be delivered by hand, courier or first-class post, by fax or e-mail to the following addresses:
(a) to us at the relevant address provided during the registration process for Talk4 Telecoms or any alternative address which Talk4 Telecoms notifies to you;
(b) to you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to Talk4 Telecoms.
14.6 You may not assign, novate, sub-contract or transfer any of your rights or obligations under this Agreement. We may from time to time, transfer, novate or assign any of our rights and/or obligations under this Agreement, including partial assignment, to a party who agrees to continue complying with our obligations under the Agreement.
14.7 If any part, term or provision of this Agreement is held to be illegal or unenforceable the validity or enforceability of the remainder of this Agreement will not be affected.
14.8 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.
15.1 This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts for the determination of any dispute or other matter which arises out of or in connection with this Agreement.
16.1 To enable Talk4 Telecoms to carry out its obligations under the Agreement, the End-Users must provide to representatives of Talk4 Telecoms and any Broadband Access Provider access to all End-User Premises at all reasonable times, including access for the purposes of installation, inspection, maintenance, replacement, upgrade, or removal of the Broadband Access Connection and any equipment associated with it.
Terms and Conditions for Phone Lines
This Agreement covers the provision by TALK4 TELECOMS to you of our Services. If you have subscribed to TALK4 TELECOMS Broadband, a separate agreement will be sent to cover the specific terms for Broadband. “TALK4 TELECOMS”, “we”, “us”, or “our” means Talk4 Communications Limited a limited company incorporated in England and Wales registered under Number 06827172 whose registered office is at 38 Rothesay Road, Luton LU1 1QZ
Tariff: You will be charged for line rental and calls at the rates shown in our packages page as shown at www.Talk4 Telecoms .com
Payment: You shall pay our Invoices by direct debit. You will be charged an administration fee for any monthly payments tendered by other means. If you do not pay any of our invoices you will incur an administration fee that will be included on your next monthly bill. Other Charges may apply. Our Charges are specified on our website.
Our promise: If within 30 days from the date specified in your Confirmation Letter, you are unhappy with your Tariff and we cannot find you a plan better suited to your needs, you will be entitled to cancel your Agreement (but you will have to pay any charges/installation fee we may have incurred and reimburse TALK4 TELECOMS any amounts we paid towards releasing you from your previous network provider).
Contract length: The Minimum Term, is specified in the Confirmation Letter that we post (or email) to you. This Agreement begins on the Effective Date and will continue in force until terminated by either of us in accordance with the Agreement.
Cancellation Fee: If you terminate the Agreement (or we terminate it because of your conduct) before the end of the Minimum Term, you will be charged a Cancellation Fee for each fixed or mobile line. Other Charges may apply to you.
DEFINITIONS
“Agreement” means these terms and conditions together with your Confirmation letter accepted by us;
“Cancellation Fee” means a, a reasonable disconnection fee per each fixed or mobile line we have to disconnect. Our current cancellation fees can be found on our website. Please note that other charges may apply – see section 5.d
“Care Level” means our fault repair response times specified in Clause 11(e);
“Charges or fees” means our charges for providing you with the Services under this Agreement specified in Clause 7 below;
“Confirmation Letter” means our letter attaching these terms and conditions which will be posted or emailed to you within 3 days of our acceptance of your Order;
“Effective Date” means the date specified in your Confirmation Letter;
“Larger Business” means any business that it is not a Small Business;
“Material Detriment” means variations to your Agreement which are likely to be of significant detriment to you, such as an increase in our call Charges for the Services by an amount which is more than the percentage increase in the retail prices index figure (or any future equivalent) in any twelve month period;
“Minimum Term” means, where applicable, the minimum term of this Agreement agreed with you in the Order and confirmed to you in our Confirmation Letter;
“Order” means any online order, your order via our telephone application process or your signing of our order form;
“Parties” means TALK4 TELECOMS and you, our customer;
“Premises” means your premises in which we provide the Services to you;
“Price and Tariff Guide” means our schedule of rates available at www.Talk4 Telecoms .com
“Renewal Term” means a further commitment term;
“Services” means the services specified in Clause 1;
“Service Start Date” means the date you are able to start making and receiving calls using our Services;
“Small Business” means a business where no more than 10 individuals work (whether as employees or volunteers or otherwise);
“TALK4 TELECOMS”, “we”, “us”, or “our” means Talk4 Communications Ltd a limited company incorporated in England and Wales registered under Number 06827172 whose registered office is at 38 Rothesay Road, Luton LU1 1QZ
“TALK4 TELECOMS Equipment” means any equipment, including any software, owned or controlled by TALK4 TELECOMS and placed in your Premises to provide the Services; and
“you” and “your” or “customer” means you, our customer.
iii. any one of a range of call price plans that enable you to make discounted telephone calls;
vii. Access to the emergency services and provision of caller location information?
CPS & LLU is the routing of your services through a carrier other than BT™. Your phone line(s) are still maintained by BT™ engineers but the calls and broadband service are carried on another network. We may select and at any time change any carrier or other service provider for the purposes of providing the CPS or LLU service. You hereby irrevocably authorise us to give all notices, nominations and other authorisations necessary for us to provide the CPS or LLU service.
iii. We undertake any changes in the Agreement in accordance with Clause 18(b) below.
TALK4 TELECOMS charges you for using the Services. You will be charged at the rates published in our Price and Tariff Guide. You acknowledge and agree that:
Your breach of your obligations under this Agreement may result in the suspension of the Services or in the termination the Agreement. You agree:
We may suspend the service (without being liable to compensate you):
f.If an event occurs which is beyond our reasonable control;
We make every effort to ensure that our customers are happy with the level of service they receive from us. However, despite our best efforts, things can go wrong. We take customer complaints very seriously and aim to resolve them quickly and efficiently. If you have a complaint about any part of our service, please contact our customer service team or refer to our complaints code of practice posted on our website. You can also request a copy from our customer service team, our complaints procedure is on our website.
iii. to maintain quality and for training purposes, we may monitor and record telephone conversations with you;
Terms and Conditions for Hosted VoIP
IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENCE AGREEMENT AND THESE TERMS OF SERVICE (COLLECTIVELY, “AGREEMENT”), DO NOT DOWNLOAD, INSTALL, OR USE ANY TALK4 TELECOMS SOFTWARE APPLICATIONS OR SERVICES, INCLUDING THE TALK4 TELECOMS WEBSITE (“WEBSITE”).
BY DOWNLOADING, INSTALLING, OR USING ANY TALK4 TELECOMS SOFTWARE APPLICATIONS OR SERVICES, YOU AGREE TO ABIDE BY AND COMPLY WITH THIS AGREEMENT, AND YOU AFFIRM THAT YOU EITHER ARE AT LEAST 18 YEARS OF AGE OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THIS AGREEMENT.
YOU UNDERSTAND THAT ACCESS TO 999/112 EMERGENCY SERVICES (“EMERGENCY SERVICES”) IS ONLY PROVIDED BY TALK4 TELECOMS IP DESK PHONES, MOBILE APPLICATIONS ON SMARTPHONES (AND ONLY WHEN SUCH SMARTPHONES SUPPORT EMERGENCY SERVICES THROUGH THE UNDERLYING MOBILE TELEPHONE NETWORK), AND THE TALK4 TELECOMS CALL CONTROLLER OR SOFTPHONE ON PCS, AND THE OTHER TALK4 TELECOMS SOFTWARE APPLICATIONS AND SERVICES DO NOT PROVIDE ACCESS TO EMERGENCY SERVICES. IF YOU SUBSCRIBE TO ONE OF THE OTHER TALK4 TELECOMS SOFTWARE APPLICATIONS OR SERVICES, YOU MUST MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 999/112 EMERGENCY CALLS (“EMERGENCY CALLS”), SUCH AS USING A TRADITIONAL LANDLINE OR MOBILE TELEPHONE, AND YOU SHOULD NOT RELY ON TALK4 TELECOMS TO MAKE EMERGENCY CALLS.
This Agreement covers the provision by TALK4 TELECOMS to you of our Services. If you have subscribed to TALK4 TELECOMS Broadband or phone line, a separate agreement will be sent to cover those specific terms. “TALK4 TELECOMS”, “we”, “us”, or “our” means Talk4 Communications Ltd a limited company incorporated in England and Wales registered under Number 06827172 whose registered office is at 38 Rothesay Road, Luton LU1 1QZ
Talk4 Telecoms grants You a limited, personal, revocable, non-exclusive, non-sub licensable, non-assignable, non-transferable, non-resalable licence and right to use the Talk4 Telecoms Services and Applications in strict accordance with this Agreement. All rights not expressly granted under this Agreement are retained by Talk4 Telecoms.
No Grant of Intellectual Property Rights and No Resale.
You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Applications and Services are and shall remain the sole and exclusive property of Talk4 Telecoms and its licensors. Nothing in this Agreement intends to or shall grant, transfer, or assign any IP Rights to, or vest any IP Rights in, You. You are only entitled to the limited use of the rights expressly granted to You in this Agreement. You will not take any action to jeopardise, limit, restrict or interfere with the IP Rights or do any other action or thing which otherwise has the effect of jeopardising, limiting, restricting or interfering with Talk4 Telecoms ownership or use of the IP Rights. You acknowledge and agree that any unauthorised use of the IP Rights is a breach of this Agreement, as well as a breach of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third-party content that may be accessed through the Applications or Services is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
No Grant of Rights to Third Parties and No Resale.
You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Applications or Services or any part thereof without Talk4 Telecoms prior written consent. If You are interested in reselling products or services offered by Talk4 Telecoms, You are encouraged to join Talk4 Telecoms affiliate network. For more information on our affiliate program, please e-mail us at info@www.talk-4.co.uk
No Modifications.
You agree not to undertake, cause, permit, or authorise the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Applications or Services, or any parts thereof. You agree not to intercept, capture, emulate, decrypt, or redirect the communications protocols used by Talk4 Telecoms for any purpose, including without limitation causing the Applications to connect to any computer server or other device not authorised by Talk4 Telecoms or in a manner not authorised by Talk4 Telecoms.
New Versions of the Software.
Talk4 Telecoms, in its sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Applications and Services. You acknowledge and agree that Talk4 Telecoms has no obligation to make available to You any subsequent versions of the Applications or Services. You also agree that You may have to enter into a renewed version of this Agreement if you want to download, install, or use a new version of the Software. In addition, You and Talk4 Telecoms acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to the Applications or Services and that Talk4 Telecoms is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable law.
Upon signing up for the Service and at subsequent times as requested by Talk4 Telecoms, You agree to provide to Talk4 Telecoms Your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, 999/112 registered address for each applicable device (which you agree to current), email address, contact phone number, credit/debit card information, and other data which may be necessary to administer Your Talk4 Telecoms account (“Account”) (collectively, “Registration Data”). You represent and warrant that the information You provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If You provide Registration Data that is, or that Talk4 Telecoms suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Talk4 Telecoms has the right, in its sole discretion, to suspend or terminate the Service and refuse any and all current or future use of all Services by You, Your business(es), affiliates and all users of Your Account. At all times, You shall maintain and promptly update Registration Data.
Upon completion of all Registration Data and acceptance of this Agreement, Talk4 Telecoms will provide You with, as applicable, a password(s), user ID(s), PIN(s), telephone number(s), and other account information. You will be required to provide a security question and answer that will be used to verify ownership or affiliation with the Account. You are solely responsible for maintaining the confidentiality of all passwords, PINs, and security questions and answers associated with the Account, and, at all times, You will be solely responsible for all transactions and activities that occur as a result of the disclosure (whether authorised or unauthorised) of any password(s), PIN(s), and/or security questions(s) and answer(s) associated with the Account, even if such transactions and/or activities were not authorised by You. You are solely liable for any transactions or activities by You or anyone else that occur on Your Account. You shall immediately notify Talk4 Telecoms of any unauthorised use of Your Account or if any other breach of security has occurred. In no event shall Talk4 Telecoms be liable for any unauthorised use of Your Account.
In connection with the registration, implementation, maintenance, or servicing of the Services, You will be required to provide data, information or other materials (collectively “Customer Data”). You hereby grant to Talk4 Telecoms a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, non-transferable (except in connection with an assignment of this Agreement) licence to copy, store, record, transmit, display, view, print, and use Customer Data to the extent required to provide or improve the Services. Talk4 Telecoms may also share Customer Data as permitted pursuant to Talk4 Telecoms Privacy Policy, available on our website, which is incorporated into this Agreement.
You represent and warrant that You possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that You have made and will maintain at all times traditional landline and/or mobile network telephone services that will enable You to call 999/112 and any other applicable emergency service number. You represent and warrant that You will not use the Applications or Services in environments requiring fail-safe performance or in which the failure of the Applications or Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that the Registration Data, user name, contact information, Registered Location(s) (as defined below), and all other information provided in connection with Your Talk4 Telecoms Account are true and correct at all times. You represent and warrant that You will not use the Applications or Services in breach of the Use Policy (as set forth in Section 6 herein) herein.
You agree to be financially responsible for Your use of the Applications or Services, including the authorised or unauthorised use of Your Account. In order to use the Applications or Services, You must have properly configured and working Internet service and/or Public Switched Telephone Network (“PSTN”) service (i.e., mobile and/or landline phone service) and hereby agree, at Your sole expense: to: (1) obtain access to Your own Internet and/or PSTN service with a third party provider other than Talk4 Telecoms; (2) be responsible for payment of Internet and/or PSTN connection or service fees and all equipment necessary to establish a connection to such Internet and/or PSTN service, as may be required to use the Applications or Services; (3) supply and pay third-party providers for all additional phone service and features required for Your use of the Applications or Services; and (4) pay Talk4 Telecoms for the Applications or Services.
With respect to its advertising, offering, or sale of Applications, Services, or any other products (collectively, “Products”), Talk4 Telecoms endeavours to describe its Products as accurately as possible and to keep information about its Products accurate and up to date. Nevertheless, Talk4 Telecoms does not warrant or represent, and it is not a term of this Agreement, that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Products (collectively, “Product Information”) from its Website, marketing materials, promotional flyers, advertisements, or other printed or electronic materials (collectively, “Product Materials”) is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that Product Information may be mispriced, described inaccurately, or that the Product may be unavailable. Except for any liability in respect of fraudulent misrepresentation to the fullest extent permitted by law, Talk4 Telecoms is not liable for any action You may take in reliance on any content provided on our Website or for any loss or damage suffered by You as a result of You taking this action.
In the event Talk4 Telecoms determines that a Product is mispriced, described inaccurately, or unavailable, Talk4 Telecoms reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, cancelling Your Account or subscription to the Services. You agree to notify Talk4 Telecoms immediately if You become aware of any pricing or descriptive errors or inconsistencies with any Products You order through the Product Materials and comply with any corrective action taken by Talk4 Telecoms.
If you have opted to receive marketing materials from Talk4 Telecoms or purchased a Service from Talk4 Telecoms, Talk4 Telecoms may from time to time send You such marketing materials and offer additional promotional services to You at no cost or at an additional fee (“Promotional Services”) in accordance with our Privacy Policy via electronic transmission, e-mail, mail, or otherwise, provided that You may unsubscribe to such materials at any time by following the unsubscribe link in the marketing message or notifying Talk4 Telecoms Customer Support. You understand and agree that Talk4 Telecoms may modify the scope of the Promotional Services it offers at any time without additional notice to You. You further understand and agree that Talk4 Telecoms may offer Promotional Services only to new customers and that You may not be eligible for some or all of the Promotional Service offerings. If You are offered promotional or special pricing by Talk4 Telecoms on any of the Services, You agree to keep the pricing information strictly confidential and shall not disclose such information to any third party without the express written consent of Talk4 Telecoms.
You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with Talk4 Telecoms ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages any Talk4 Telecoms or other customers’ property. If Talk4 Telecoms finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, Talk4 Telecoms may at its sole discretion terminate Your Service and charge You any applicable fees for the Services used plus damages caused by Your improper use. Prohibited uses include, but are not limited to:
You further understand and agree that:
In addition, some of Talk4 Telecoms plans and other Services are offered on an “unlimited” basis. All unlimited plans:
Unlimited plans also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
In addition, unusually high usage of the Services may impair Talk4 Telecoms ability to provide high quality Services to others and/or indicate unauthorised use of the Services, in which case Talk4 Telecoms may suspend or terminate Your Account or, upon prior notice, convert Your Account to a metered calling plan that charges significantly higher usage rates.
Talk4 Telecoms reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
Using the Services for unsolicited calls and/or transmitting unsolicited fax or voicemail advertisements is regulated by the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the “Privacy Regulations”). You shall not use the Services to send or transmit any unsolicited communications or advertisements and you understand that if You do use the Services for any unsolicited communications in breach of the Privacy Regulations or any other applicable laws, Talk4 Telecoms may immediately terminate Your right to use the Services without liability of any kind.
At Talk4 Telecoms sole option and without further notice, Talk4 Telecoms may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them.
You hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify Talk4 Telecoms and its affiliates from and against any claims, damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that You may send and/or receive using the Services.
If You transmit or are otherwise connected with any transmission of voice, fax, e-mail, or other unsolicited marketing messages using the Services, You agree to pay Talk4 Telecoms its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, You agree to pay Talk4 Telecoms liquidated damages of ten pounds (£10.00) for each unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
Generally.
Please note that all prices, taxes, 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 freephone, local, long distance, international, additional feature charges, premium-rate telephone number and 118 charges, operator-assisted charges, and directory assistance charges, and for all taxes, surcharges, fees and levies imposed on You or Talk4 Telecoms as a result of Your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit/debit card information on file. Talk4 Telecoms also reserves the right to charge termination and transfer fees consistent with each plan’s terms and conditions and as provided in this Agreement.
Taxes, Charges, and Fees.
All fees for Services advertised or otherwise listed on the Website are exclusive of VAT and administrative or recovery fees or charges (collectively “Taxes and Fees”). You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services which are chargeable to or recoverable from customers by any local or international law or regulation, as well as any administrative and recovery fees and charges levied on the Services by Talk4 Telecoms, whether or not mandated by law or regulation. Should Talk4 Telecoms pay or be required to pay such liabilities (including any Taxes and Fees that were due but not charged or previously collected), You agree that Talk4 Telecoms may charge Your credit/debit card on file for such payments upon receipt of an invoice and showing of indebtedness to Talk4 Telecoms.
Plan Credits and Minutes.
Talk4 Telecoms offers several different plans for its products and Services. Some of the plans provide for a fixed number of monthly credits (“Monthly Credits”). If You exceed Your Monthly Credits during the course of a Service month, You may purchase additional credits (“Additional Credits” and collectively with the Monthly Credits, “Plan Credits”) as needed. Talk4 Telecoms may also provide You certain bonus credit minutes and/or other promotional incentives (e.g., “tell-a-friend” credits) upon fulfilment of the applicable promotion requirements. All of the Plan Credits are quoted in terms of domestic minute usage, and may be referred to on the Website or by a Talk4 Telecoms Customer service representative as “minutes”. 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.
Metered Calling Plans.
Talk4 Telecoms offers several monthly metered plans for some of its products and Services. Each metered calling plan 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, unless You advise us otherwise in writing, we will automatically purchase the minimum package for additional minutes for Your plan on Your behalf (and Your Account will be charged accordingly). 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 the Talk4 Telecoms 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.
Unlimited Plan.
Talk4 Telecoms offers unlimited monthly plans for some of its products and Services. An unlimited plan provides You with a local or freephone telephone number and is subject to the terms and restrictions of the Use Policy set forth above and other restrictions described in this Agreement. If, for any reason, Talk4 Telecoms believes that You are using the unlimited plan for a prohibited purpose and/or Your call usage violates the Use Policy, then Talk4 Telecoms 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 set forth above.
International Calling.
Because Plan Credits are quoted for domestic minute usage, you may be charged additional Plan Credits and/or additional rates may apply if You use your Plan Credits to make international calls using the Services, You must purchase the minimum package of international calling credits. If You dial an international number and do not have any credits to make such call, you will automatically purchase the minimum package in order to complete such call. In addition, you may be charged any applicable Taxes and Fees associated with international calls. You are advised to refer to Your specific plan details regarding all domestic and international charges and all other terms and conditions of Your plan.
Value, Ownership, and Expiration of Plan Credits.
Plan Credits, Additional Credits, Promotional Credits, and international calling credits have no monetary value and cannot be exchanged for the cash value at any time after such credits are purchased by You. Plan Credits may only be redeemed and used by the holder or users of the Account to which the Plan Credits have been credited, and may not be sold, transferred, assigned, or used by another user or with another user’s account. Any unused Monthly Credits expire at the end of the relevant Service month and do not “roll over” to the next month. Additional Credits and Promotional Credits expire according to the terms of their purchase.
Fraudulent Activity or Erroneous Charges.
In the event of suspected fraudulent activity or erroneous charges on Your Account, You agree to contact Talk4 Telecoms as soon as possible. In many cases, Talk4 Telecoms can mitigate or correct fraudulent activity or erroneous charges without bank or credit card company intervention. If You suspect fraudulent activity or erroneous charges on Your Talk4 Telecoms Account, please contact Talk4 Telecoms customer support at 0800 999 6661. When You contact customer support, please have the following information available: (a) Your name, contact information, Talk4 Telecoms Account telephone number in question, and security verification information; (b) the date that the Account in question was created; (c) the credit/debit card account number used to open the Account; and (d) the total amount charged to the Account. If You do not contact Talk4 Telecoms within one (1) year after the suspected fraudulent activity or erroneous charges appear on Your Account, You waive Your rights to object to or challenge such activity or charges. Furthermore, if You request that Your bank or credit card company perform a chargeback without first contacting Talk4 Telecoms, and Talk4 Telecoms subsequently determines that the charges at issue are not erroneous, Talk4 Telecoms reserves the right to terminate Your Account immediately and take any available legal action. Notwithstanding the above, You are solely liable for any transactions or activities by You or anyone else that occur on Your Account, and in no event shall Talk4 Telecoms be liable for any unauthorised use of Your Account.
Calls to Blacklisted Countries.
Talk4 Telecoms reserves the right, in its sole discretion, to block access to certain international phone numbers in countries that are frequently implicated in fraudulent calls (“Blacklisted Destinations”). At your request, Talk4 Telecoms may provide you access to Blacklisted Destinations on the following conditions:
Discounts.
From time to time in its sole discretion, Talk4 Telecoms may offer promotions or discounts. Any promotion or discount codes must be provided to Talk4 Telecoms upon purchase of the Services. You shall not be entitled to a subsequent credit for such promotions or discounts if You do not request such credit at the time of Account creation or change of service. Promotions and/or discounts may not be used cumulatively or be used for Services retroactively. If a promotion and/or discount is offered on a confidential basis, You agree not to disclose the promotion and/or discount and to assume full responsibility for any harm, direct or indirect, caused to Talk4 Telecoms by the disclosure of the promotion and/or discount.
Any applicable initiation charges, usage, monthly recurring charges, support charges, and other fees are billed in full in advance. Termination, international calling, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of Your Account for any reason, all unused Plan Credits, and international calling credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused Plan Credits, Additional Credits, Promotional Credits, or international calling credits or of any remaining periods/months on any Service plan.
When You subscribe to Services, You will provide us with a payment method, such as a valid credit/debit card (including proper billing information), and, if applicable, authorise us to collect from Your payment method. Upon termination, we will charge You any reasonable termination fees and any other outstanding charges and disconnect Your service. You agree to advise and notify us of any changes to Your payment method, such as credit/debit card account number or expiration date changes. If the credit/debit card or other payment method on Your Account is declined or fails for any reason, Talk4 Telecoms will use reasonable efforts to contact You and advise You of the failed billing attempts. Notwithstanding the foregoing, Talk4 Telecoms reserves the right to disconnect Your Service and terminate Your Account if Your credit/debit card on file is declined or fails for any reason, and Talk4 Telecoms reserves the right to continue to attempt charging Your credit/debit card for any outstanding Service charges and additional fees and pursue any other legal remedies available to Talk4 Telecoms.
Time is of the essence for payment. Therefore, You agree to pay us interest at the lesser rate of (a) the Late Payment of Commercial Debts (Interest) Act 1998 or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due.
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate the charges to Your Account.
You must dispute any charges for the Services in writing to Talk4 Telecoms within one (1) year days of the date of the charge by Talk4 Telecoms. 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.
You can dispute any other charges or make any complaints you may have against Talk4 Telecoms by following our dispute resolution policy on our website.
You are responsible for all return shipping charges for any hardware returned to Talk4 Telecoms for any reason, including situations in which hardware is covered under warranty. If You have purchased any hardware from us or we have otherwise provided You with any hardware and Your Account is terminated for any reason after the end of any free-trial period and prior to the end of Your first year of service, You hereby authorise us to immediately bill your credit/debit card the appropriate equipment return fees, as set forth below.
If You cancel Your Talk4 Telecoms Service within thirty days (30) days from the date of purchase of the hardware, You may (a) keep the hardware and pay the list price minus the actual price paid for the hardware, excluding taxes, or (b) return Your hardware and receive a full refund. No returns are accepted after ninety (90) days from the date of purchase of the hardware. In addition, the following terms and charges apply to hardware returns:
The Account owner shall be the legal entity (e.g. company, partnership, individual) that signs up for the Services with Talk4 Telecoms. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit/debit card used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation. Talk4 Telecoms shall not adjudicate ownership-related disputes or any other internal business dispute. If Talk4 Telecoms is unable to determine the valid owner of the Account, Talk4 Telecoms reserves the right to suspend or terminate the Account and Services.
Talk4 Telecoms will use best efforts 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 Talk4 Telecoms control. Accordingly, You agree that Talk4 Telecoms 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.
If it is practicable for Us to port Your number and we have delayed the porting of Your number within the time required by law or regulation, or we have failed to follow industry practice in the porting of Your number, You will be entitled to reasonable compensation for such delay or failure to follow industry practice. To claim compensation, please follow the procedure outlined in our Terms and Conditions.
Talk4 Telecoms works with third party carrier(s) who, on Talk4 Telecoms behalf, port telephone numbers in accordance with applicable regulatory rules and industry guidelines. Talk4 Telecoms third-party carrier(s) require specific and detailed information and requirements when completing a port request. Please be informed that You will be required to provide such detailed and specific information to complete a port request. For porting numbers into Your Talk4 Telecoms Account, follow the procedures on Your Account settings page for transferring a number to Your Talk4 Telecoms Account. For porting numbers out of Your Talk4 Telecoms Account, follow the procedures of Your new service provider. You understand that porting Your number out of Your Account does not automatically terminate Your Talk4 Telecoms Account. You accept and acknowledge that Talk4 Telecoms cannot port disconnected numbers and understand that if You cancel your existing number with Your existing service provider, Talk4 Telecoms will be unable to transfer that number.
Talk4 Telecoms cannot guarantee requested telephone numbers will be available, that Your existing provider will port Your number, or that circumstances beyond Talk4 Telecoms control will not prevent or delay a successful port of Your number for the Services. You should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicise any telephone number until that telephone number becomes active on Your Account and you have personally verified that the telephone number is working properly. Talk4 Telecoms shall not be liable for reimbursement for press releases, business cards, and/or stationery under any conditions.
You accept that You do not own any telephone number assigned to You by Talk4 Telecoms and agree not to transfer the telephone number assigned to You to anyone else or to attempt to do so. You understand and agree that Talk4 Telecoms may from time to time need to change the telephone or facsimile number assigned to You (due to an area code split, a request from Ofcom or other similar regulator or for any other reason). You understand that unless You make the necessary arrangements with a new service provider, the number assigned to You will be reassigned upon termination of Your Service. Talk4 Telecoms shall not be liable for any damages (including consequential, special damages or other damages) to You arising out of any such reassignment or in the event that it needs to assign You a new telephone or facsimile number.
Talk4 Telecoms is not obligated to store Your communications logs, voicemails, faxes, e-mails, or other messages and does so only as a convenience to You. You agree that Talk4 Telecoms has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, e-mails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that Talk4 Telecoms may establish limits as to the size of communications that Talk4 Telecoms transmits or stores and the duration for which Talk4 Telecoms stores any communications.
Certain Talk4 Telecoms Services provide a function that allows You to record individual telephone conversations. Certain laws and regulations apply to Your use of this call recording feature. In certain circumstances, You are required to obtain consent from all parties to record a telephone call. By using the Talk4 Telecoms call recording feature, You are required and agree to maintain compliance with all applicable laws and regulations. You understand and agree that You are solely liable for compliance with such laws and regulations and under no circumstances shall Talk4 Telecoms be responsible or held liable for such compliance. You understand that breach of such laws and regulations 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 applicable laws and regulations relating to their use of the call recording feature.
Talk4 Telecoms expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Talk4 Telecoms and its affiliates from and against any damages or liabilities of any kind related to Your recording of any telephone conversations using the Services.
Certain Talk4 Telecoms Services may provide a function that allows voicemails to be converted to text and vice versa. You understand and agree that Talk4 Telecoms voice-to-text (“VTT”) and text-to-voice (“TTV”) features may not accurately transcribe voicemails or articulate text messages, respectively. You are solely responsible for checking the original message and verifying the accuracy of the message when using any and all VTT or TTV features. Talk4 Telecoms expressly disclaims all liability with respect to the conversion of voicemails to text or vice versa. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Talk4 Telecoms and its affiliates from and against any damages or liabilities of any kind related to Your use of VTT or TTV features when using the Services.
Talk4 Telecoms provides customer and technical support to You via telephone and e-mail for the Services. Talk4 Telecoms will use reasonable efforts to troubleshoot and resolve issues reported by You but does not make any representations or guarantees that Talk4 Telecoms will be able to fully resolve any such issues. Except as provided in this section, Talk4 Telecoms 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.
From time to time, Talk4 Telecoms may send You surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant Talk4 Telecoms, 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 Talk4 Telecoms.
You understand and agree that Talk4 Telecoms 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 Talk4 Telecoms reasonable discretion and judgment, permanently and materially diminish or impair the functionality of the Services (a “Change”), Talk4 Telecoms shall provide You with written notice of such Change at least sixty (60) days prior to the date the Change will take effect. If the Change is unacceptable to You, You may terminate the Services without penalty by calling Talk4 Telecoms at 03333 445 456. Any use of the Services after the effective date of Change will be deemed Your acceptance of the Change.
Talk4 Telecoms Office plans include one or more Voice over Internet Protocol (“VoIP”) lines included in Your bundled Services, and for other plans, Talk4 Telecoms offers options to add one or more VoIP lines to Your Services. In either case, Services for the VoIP line(s) will be referred to as “VoIP Service”, for which the following additional terms shall apply:
Grant of Rights
Talk4 Telecoms grants You a non-exclusive, non-transferable, revocable licence, and right to use each VoIP line exclusively with one user under Your Account, subject to all the other terms of this Agreement. Accordingly, if You want to allow multiple users to use the VoIP Service, You will need to purchase at least one VoIP line for each user.
Charges and Plan Credits
Talk4 Telecoms offers several different plan options for VoIP Service. If you are not under a contract with Talk4 Telecoms, you may change Your VoIP Service plan at any time; however, a one-time processing fee of fifteen pounds (£15) 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 Talk4 Telecoms VoIP Service. If You receive any equipment discounts associated with a VoIP Service plan and subsequently change that plan to one that does not offer those equipment discounts, You agree to reimburse Talk4 Telecoms, and hereby authorise Talk4 Telecoms to charge Your credit/debit card on file, for such equipment discounts.
Equipment
To use the VoIP Service, You may need to purchase phones, headsets, or other equipment (collectively, “Equipment”). All Equipment shipments are F.O.B. Talk4 Telecoms shipping distributor facility. Talk4 Telecoms liability for delivery shall cease, and title to such Equipment (if applicable) and all risk of loss or damage shall pass to You upon delivery to the shipping carrier. All Equipment obtained from Talk4 Telecoms in connection with VoIP Service is subject to the Equipment Return Policy above. You understand and acknowledge that if You purchase an annual service plan and You cancel the Services plan prior to the end of Your initial term, cancellation or termination fees, or phone, hardware, and other equipment fees may apply in accordance with the terms and conditions of Your plan. You hereby authorise Talk4 Telecoms to charge Your credit/debit card, and You hereby agree to be liable for any and all such fees, costs, and charges.
VoIP 999/112 Emergency Service
YOU UNDERSTAND THAT 999/112 EMERGENCY SERVICES ARE ONLY PROVIDED BY TALK4 TELECOMS IP DESK PHONES MOBILE APPLICATIONS ON SMARTPHONES (AND ONLY WHEN SUCH SMARTPHONES SUPPORT EMERGENCY SERVICES THROUGH THE UNDERLYING MOBILE TELEPHONE NETWORK), AND THE TALK4 TELECOMS CALL CONTROLLER OR SOFTPHONE ON PCS, AND THE OTHER TALK4 TELECOMS SOFTWARE APPLICATIONS AND SERVICES DO NOT PROVIDE ACCESS TO 999/112 EMERGENCY SERVICES.
Talk4 Telecoms VoIP 999/112 Emergency Services (“VoIP Emergency Services”) operate differently than the traditional 999/112 service (“Traditional Emergency Service”). We are required by Ofcom to advise you of the circumstances under which VoIP Emergency Services may not be available or may be in some way limited by comparison to the Traditional Emergency Service. Such circumstances include:
Because Your address does not necessarily correspond with Your telephone number, You must provide Talk4 Telecoms with the street address(es) where You will be using Talk4 Telecoms VoIP Service (“Registered Location(s)”) when You sign up for service.
If You relocate any equipment (PC with softphone, IP phone, or analogue with traditional phone) that You use to access the VoIP Service, You must update Your Registered Location(s). If You do not update your Registered Location(s), any Emergency Calls You make using the VoIP Service will be routed based on Your previously provided Registered Location and therefore may not be routed to the appropriate emergency responder for Your current location.
In addition, because the VoIP Service will, where possible, automatically transmit Your Registered Location to the emergency responder, You must update Your Registered Location to ensure that the VoIP Service transmits accurate location information to the emergency responder.
Once You notify us of a change in Your Registered Location, there may be a delay in making the new Registered Location available to properly route emergency calls and advise emergency responders of Your new Registered Location.
You should also be aware that the use of the Emergency Services from a Mobile Device will not be managed by Talk4 Telecoms. The mobile application relies upon your underlying mobile network operator’s ability to complete an Emergency Call and determine your current location. While this should provide you with as reliable an emergency call service as provided directly by your mobile network operator, Talk4 Telecoms has no control over how your mobile network operator handles Emergency Calls. Your use of Emergency Service from the mobile application may therefore fail for reasons outside of Talk4 Telecoms control.
Registration of Physical Locations Required.
As outlined above, You must register the Registered Location where You will be using VoIP service for each VoIP phone line You use from Talk4 Telecoms (e.g., if You purchase Talk4 Telecoms Office with three VoIP lines, You must provide a Registered Location for each of the three VoIP lines). Talk4 Telecoms will obtain Your Registered Location as part of the service initiation process and will not provide VoIP Service until you have provided Your initial Registered Location. However, You must update Your Registered Location when You use Your VoIP Service from a new location.
You agree to provide true, accurate, current, and complete Registered Location information to Talk4 Telecoms as part of the service initiation process and to update as soon as possible Your Registered Location with true, accurate, current, and complete information whenever You use Your VoIP Service from a new location. If You provide Registered Location information that is, or that Talk4 Telecoms suspects to be, false, inaccurate, not current, or incomplete, Talk4 Telecoms has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. Talk4 Telecoms will not, however, disable Your ability to make an Emergency Call during any service suspension.
You may update Your Registered Location by logging on to Your Account settings page or calling customer support at 03333 445 456. You may only register one Registered Location for each VoIP line.
Notify All Users of Emergency Services Limitations.
You should inform all business colleagues, household residents, guests, and other persons who may be present at the physical location where You utilise the VoIP Service that Emergency Calls may not be available or may be in some way limited in comparison to Traditional Emergency Services. Talk4 Telecoms will provide VoIP subscribers stickers warning that Emergency Services may be limited or not available for use with any VoIP equipment by mailing stickers to subscribers upon Service initiation. It is Your responsibility to place these stickers on the equipment You use to access VoIP Service. If You have not received a sticker, or You require additional 999 stickers, please contact customer support at 03333 445 456.
Disclaimer of Emergency Service Liability.
Talk4 Telecoms disclaims all responsibility for the conduct of emergency responders and all other third parties involved in the provision of emergency response services. Talk4 Telecoms does not have any control over emergency responders or other third parties and is therefore not responsible for whether they answer Emergency Calls made using the VoIP service, how they answer these calls, or how they handle or respond to these calls. Talk4 Telecoms relies on third parties to assist it in the provision of Emergency Calls and disclaims any and all liability for acts or omissions by third parties in the provision of Talk4 Telecoms VoIP Emergency Service.
IMPORTANT INFORMATION.
If Your broadband 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 Talk4 Telecoms control.
Talk4 Telecoms offers a directory assistance listing service (“Directory Assistance Listing”) associated with Your assigned Account, for which the following additional terms shall apply. By subscribing to Directory Assistance Listing, Talk4 Telecoms 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 Talk4 Telecoms or third-party service providers in their sole discretion. You hereby permit and grant Talk4 Telecoms 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 Assistance Listing, Your Listing Information may enter the public domain and that Talk4 Telecoms 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.
You may opt out of Directory Assistance Listing at any time. Talk4 Telecoms 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 Talk4 Telecoms is under no obligation to have YourListing Information removed from any third-party directory assistance listing service already in receipt of such information.
Talk4 Telecoms 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, Talk4 Telecoms 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.
You agree that Talk4 Telecoms 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 Talk4 Telecoms website; or any other third-party website where Talk4 Telecoms or its designated agents may promote the Services. You hereby grant Talk4 Telecoms 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, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages Talk4 Telecoms or the Applications or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, Talk4 Telecoms may terminate Your access to the Applications or Services if You breach the requirements of this section.
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent, or received using the Applications or Services for purposes of determining intellectual property infringement. However, Talk4 Telecoms reserves the right to terminate access to its Applications or Services if a user infringes third party intellectual property rights, and will, in appropriate circumstances, terminate access to the Applications or Services if Talk4 Telecoms determines that a user is a repeat infringer.
You represent and warrant that (a) You are not located in (and will not use the Services or Applications in) a country that is subject to a U.S. Government or UK Government embargo, or that has been designated by the U.S. Government or UK Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government or UK Government list of prohibited or restricted parties relating to exports. You also acknowledge that the Applications and Services may be subject to other U.S. and foreign laws and regulations governing the export of software by physical or electronic means. You agree to comply with all applicable U.S. and foreign laws that apply to Talk4 Telecoms as well as end-users end-use, and destination restrictions imposed by U.S. and foreign governments.
To the maximum extent permitted by applicable law, You shall indemnify and hold harmless, individually and collectively, Talk4 Telecoms, its affiliates, agents, resellers, and other providers who furnish goods and services to You in connection with the Services, and their officers, directors, managers, employees, and shareholders (the “Indemnified Parties”) from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable legal fees and dispute resolution expenses) arising from or related to:
(2) a breach of this Agreement by You;
(4) the inability to use the Applications or Services or failure or outage of the Applications or Services for any reason, including but not limited to those related to making Emergency Calls;
(6) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, intellectual property rights (including patent, trademark, copyright, and trade secret rights), rights of privacy, and rights of publicity and personality.
Your licence to the Applications and Services is provided for a term specified in Your Services contract (the “Term”). The initial Term begins on the date that you sign up for the Services (the “Date of Purchase”).
The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to You unless You notify Talk4 Telecoms customer service of non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise provided in Your Services contract.
For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, use policies and restrictions, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licences, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Monthly Plan Customers. For monthly plan customers, You may cancel or terminate Your use of the Services with or without cause at any time by calling customer service at 03333 445 456, subject to the restrictions and fees provided in this Agreement, Your Services contract, and any additional agreements governing the Services.
Annual Plan Customers. For annual plan customers, You are purchasing the Service for the full length of the applicable Term. You have thirty (30) days from the Date of Purchase for a prorated refund in accordance with Your Services Contract. After thirty (30) days, if You terminate the Services prior to the end of Your Term, 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.
Generally. You understand and agree that Talk4 Telecoms 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 Application or Services if:
Upon any termination or suspension of Your Account, Talk4 Telecoms 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 Applications or Services.
Talk4 Telecoms shall not be liable to You or any third party for any reason for terminating or suspending Your use or access to the Applications or Services.
If You or Talk4 Telecoms 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, Plan Credits, international calling credits, or other amounts paid to Talk4 Telecoms prior to the termination or suspension date.
Talk4 Telecoms shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Talk4 Telecoms reasonable control.
The Services provided hereunder are provided “as is” and “as available” and Talk4 Telecoms makes no warranties, express or implied, including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose and any similar warranty. Talk4 Telecoms makes no representations or warranties that the services are free of rightful claims of any third party for infringement or misappropriation of intellectual property or other proprietary rights. The entire risk associated with the use of the Services shall be borne solely by You.
Talk4 Telecoms makes no warranty on up-time, response times, latency, mean-time between failures, quality of service, and/or quality of voice or fax communications. Talk4 Telecoms expressly disclaims any warranty that the Services are appropriate for high-risk or other activities where failure of the Service could result in serious harm to persons or property.
Talk4 Telecoms makes no warranty that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. Talk4 Telecoms is not responsible for messages or information lost or misdirected due to interruptions or fluctuations in the Services or the Internet in general. Talk4 Telecoms is not responsible for the content or functionality of any third-party network used in connection with the Services.
Talk4 Telecoms does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. You acknowledge that any data or information downloaded or otherwise obtained or acquired through the use of the Services are at Your sole risk and discretion and Talk4 Telecoms will not be liable or responsible for any damage to You or Your property.
No advice or information, whether oral or written, obtained by you from Talk4 Telecoms, its employees, resellers, partners, or affiliates or through or from the Services shall create any warranty not expressly stated in this Agreement.
Although every effort is made to ensure that voicemails and fax transmissions are secure, Talk4 Telecoms makes no guarantees of security.
Nothing in this Agreement excludes Talk4 Telecoms liability for death or personal injury caused by Talk4 Telecoms negligence or the negligence of Talk4 Telecoms employees or agents, or for fraudulent misrepresentation.
To the fullest extent permitted by law, in no event shall Talk4 Telecoms or its affiliates be liable to You or any third party for direct, indirect, incidental, consequential, or punitive damages of any kind whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if Talk4 Telecoms has been informed in advance of such damages or such damages could have been reasonably foreseen by Talk4 Telecoms. Talk4 Telecoms total liability for any and all damages, regardless of the form of the action, shall be limited and capped in their entirety to the total fees Talk4 Telecoms charged you during the year in which the events giving rise to the action or claim first occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply in any and all circumstances.
Notices to You shall be effective on the date sent to Your registered electronic mail address when sent by email or, at Talk4 Telecoms 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 Talk4 Telecoms of any changes in Your contact information or address through Your Account settings page or by contacting customer service at 03333 445 456.
Written notice to Talk4 Telecoms shall be effective when directed to Talk4 Telecoms Legal Department and received at Talk4 Telecoms then-current address as posted on Talk4 Telecoms Website, available here. Your notice must specify Your name, Account information, and security verification question and answer. All notices from You to Talk4 Telecoms must be made in writing.
Talk4 Telecoms may assign this Agreement and any of its rights and obligations hereunder at any time. You may not transfer or assign this Agreement or any of Your rights or obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.
Talk4 Telecoms may change the terms of this Agreement from time to time upon delivery of electronic or written notices to You. Talk4 Telecoms generally provides written notice of changes to Your account, including this Agreement and any other legal agreements, via email, electronic notice on the Talk4 Telecoms Website or Your Account Page, or on Your billing statements. You agree to carefully read and review each such e-mail notice, electronic notice, and billing statement from Talk4 Telecoms fully regarding any such notices of changes to Your Account.
The modified terms shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of this Agreement. You agree that you are solely responsible for (a) making sure that Your registered email account is current and functional, (b) checking Your registered email account on a routine basis, (c) checking the Talk4 Telecoms Website and Your Account page on a routine basis, and (d) making sure that Talk4 Telecoms 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.
This Agreement, including the documents incorporated herein, constitutes the entire agreement between You and Talk4 Telecoms with respect to the Applications and Services and supersedes all prior or contemporaneous understandings regarding such subject matter.
If any part of this 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.
The failure of Talk4 Telecoms to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or any other provision.
Nothing in this Agreement shall be deemed or construed to constitute or create employment, partnership, association, joint venture, agency, or fiduciary relationship between the parties hereto.
You agree and acknowledge that any breach of the provisions regarding intellectual property ownership contained in this Agreement shall cause Talk4 Telecoms irreparable harm and Talk4 Telecoms may obtain injunctive relief and seek all other remedies available in law and in equity.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) 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; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) 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.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or Your sign up or use of the Applications or Services.
Talk4 Telecoms Affiliates shall have the benefit of and the right to enforce all provisions of this Agreement which benefit and are enforceable by Talk4 Telecoms. Subject to the foregoing, you agree that none of the terms in this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it. For the purpose of this clause ‘Affiliate’ means a company which is a subsidiary or holding company of Talk4 Telecoms (“holding company” and “Subsidiary company” have the meanings given to them by s.1159 Companies Act 2006 and include parent and subsidiary undertakings as defined in s.1162 Companies Act 2006).
In the event of any dispute, claim, question, or disagreement between You and Talk4 Telecoms or any Talk4 Telecoms affiliate (“Dispute”), You and Talk4 Telecoms shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of Talk4 Telecoms legal department (or other representative of Talk4 Telecoms designated by the legal department) shall consult and negotiate with each other in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor Talk4 Telecoms shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
Should You have a complaint or need information concerning our dispute resolution policy please see our Code of Practice.
This Agreement and Your use of the Applications and Services shall be governed by and construed under the laws of England and Wales and You agree to submit to the exclusive jurisdiction of the English courts.
Talk4 Telecoms Service Level Agreement
Talk4 Telecoms Telecom is committed to providing reliable, high quality telephony services. This document outlines targeted service availability levels and obligations of Talk4 Telecoms ’s Telecom to maintain those levels as described below.
Definitions and Scope
Talk4 Telecoms Support – provided by Talk4 Telecoms staff to the customer. Business hours: Monday to Friday: 9:00am to 5:30pm UK time (excludes Public Holidays) After hours emergency faults only: All hours not within Business hours coverage
This Service Level Agreement covers services provided directly by Talk4 Telecoms. It is limited to the equipment, software and network infrastructure that Talk4 Telecoms Telecom has direct control of. Services provided by third parties in relation to IP Telephony (e.g. internet supply, customer equipment etc.) are covered by the SLA of the respective third parties.
Reporting Faults
Customers of Talk4 Telecoms can lodge faults directly with the support team.
Faults can be reported in two ways:
Issue Response Times
We will discuss any reported issue with you and assess its criticality. We define the following levels:
Standard Issues – an event that does not interfere with the core service such as a request for a repeat invoice or minor service configuration changes.
High Priority Issues – where your use of the service is seriously affected. This could be a single or small number of users unable to utilise a key feature.
Critical Issues – typically a major service outage where all users are affected – you must make us aware of any such critical situation by phone to avoid delays.
Issue Level | Acknowledgement Time | Initial Response Time | Target Resolution Time |
Standard | Within 24 hours | Within 2 days | Issue dependent |
High Priority | Within 24 Core Hours | 4 Core hours | 2 days |
Critical | Within 1 hours | 2 hours | 24 hrs |
The final designation of your Issue is determined by On Direct Business Services. You must use the above contact details to register your issue and use the phone service for Critical Issues.
Scheduled Service Outages
Scheduled service outages may be required for equipment service and maintenance operations. They can also originate from 3rd party carriers who are providing services to Talk4 Telecoms.
Such outages will be scheduled well outside normal business hours. Talk4 Telecoms will provide at least 1 business day notification of any planned service interruptions to all its customers.
Talk4 Telecoms will notify all affected customers. It is the responsibility of the customer to keep their email address registered and up to date with Talk4 Telecoms. In the event of emergency service interruption, Talk4 Telecoms reserves the right to undertake the service interruption without notice. In such cases Talk4 Telecoms will use its best efforts to notify the customers prior to any service interruption.
Service Up Time
Service up time is calculated as the percentage of time VoIP Telephony service is available to the Customer during the course of a year.
Service up time is calculated as following:
Acceptance
Your continued use of services provided by Talk4 Telecoms Telecom shall be deemed to demonstrate acceptance of the terms and conditions of this Service Level Agreement.
Disclaimer
The services are provided as is without any warranty of any kind. Under no circumstances will Talk4 Telecoms be liable for any damages.
Customer Complaints Code
Here at Talk4 Telecoms, we take pride in delivering customer service that is among the best around. In order to further this goal, we’re dedicated to taking on board the feedback of our customers and resolving any issues as quickly and efficiently as we can. Our customer complaints code, therefore, dictates precisely how to submit any complaint and how we will look to offer a suitable resolution.
Raising a complaint
If you find yourself in a position to submit a complaint against Talk4 Telecoms, we welcome the opportunity for you to raise the issue in the first instance by contacting our customer services team. Our representatives will record the details of your issue and look to provide a resolution as quickly as possible. In order to do so, we request you have certain information to hand when you call:
We’re pleased to say that, in the majority of cases, we’re able to resolve complaints at this early stage and reach a solution that meets satisfaction. It’s important to us to fully review the details of your case to identify areas for improvement across the company as a whole, therefore we actively encourage any feedback you can provide.
In the event that one of our customer representatives is unable to offer a resolution at this stage, it is your right as a customer to request that the issue be escalated to a member of the Talk4 Telecoms management team. The matter will be reviewed and you will be contacted within 24 hours to discuss any further measures that can be carried out to resolve your complaint.
Complaints team
Should a member of the managerial team be unable to provide a suitable resolution, the issue will next be passed to our specialist complaints department who will undertake a full investigation of every aspect of your account and the circumstances surrounding your complaint. They will aim to reach a solution within 14 days of a complaint being submitted; however, should we be unable to resolve an issue to your satisfaction within eight weeks of your initial complaint, we will provide you will details of our Ombudsman Service.
Ombudsman Services: Communications
Approved by Ofcom, Ombudsman Services: Communications will provide an independent service to deal with your complaint. In order to submit a complaint, you must contact Ombudsman Services: Communications within six months of receiving a ‘Deadlock’ letter. Alternatively, if you have not been in receipt of a ‘Deadlock’ letter, you must contact the Ombudsman within nine months.
Ombudsman Services: Communications
PO Box 730
Warrington
WA4 6WU
Phone: 0330 440 1614
Fax: 01925 430 059
Text Phone: 0330 440 1600
www.ombudsman-services.org/communications.html
Ofcom
Ofcom is the regulatory body for the communications industry, regulating our services within the terms of the Communications Act 2003.
Feel free to contact us at Talk4 Telecoms to find out more today on 03333 445 456
Unlimited Minutes Fair Usage Policy
All unlimited plans:
Unlimited plans also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
In addition, unusually high usage of the Services may impair Talk4 Telecoms ability to provide high quality Services to others and/or indicate unauthorised use of the Services, in which case Talk4 Telecoms may suspend or terminate Your Account or, upon prior notice, convert Your Account to a metered calling plan that charges significantly higher usage rates.
Talk4 Telecoms reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
VoIP Early Termination Charges
IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENCE AGREEMENT AND THESE TERMS OF SERVICE (COLLECTIVELY, “AGREEMENT”), DO NOT DOWNLOAD, INSTALL, OR USE ANY TALK4 TELECOMS SOFTWARE APPLICATIONS OR SERVICES, INCLUDING THE TALK4 TELECOMS WEBSITE (“WEBSITE”).
Early termination charges apply if you cancel before the end of your minimum term or if we have to cancel your service before the end of the minimum term due to your fault.
Any early termination charge will be equal to the monthly service charges that would have been payable to us up until the end of your minimum term. You may also have to pay un-billed charges and any other charges due to us on the cancellation date.
The amount of early termination charges depends on how much of your minimum term is left to run.
Example of early termination charges:
Minimum Term 24 Months
Monthly recurring charges per user = £7.99 a month
Number of users = 3
Cancellation date: in month 8
Months remaining on Minimum Term: 16
Early termination charge: (3 x 7.99) x 16 = £383.52 (plus VAT)