Terms and Conditions related to conference calling

  1. Introduction and Scope of Agreement
    1. The Service we (Via-Vox) supply to you (our Customer) is the ability to have simultaneous telephone calls with other Participants via the telephone network.
    2. The Service will be subject to available capacity and we do not guarantee that the number of connections required by you will always be available at any given time.
    3. In providing the Service, we promise to use the reasonable skill and care of a competent Service provider.
  2. Definitions
    1. "Call Charge" means the price charged to the caller by BT or other network operator.
    2. "Contract" means, in order of precedence, these conditions and the Registration Process.
    3. "Participant" means you and anyone you allow to use the Service.
    4. "No Registration Process" the Via-Vox Conferencing Service used without registration.
    5. "Registration Process" means the registration process completed by you via the Internet.
    6. "Registered Service" the Via-Vox Conferencing Service used by participants who have completed the Registration Process.
    7. "Service" means all or part of the Service explained in Paragraph 1 that we agree to provide to you under this Contract.
    8. "We" and "us" means Via-Vox Limited.
    9. "You" means the customer we make this Contract with and who is named in the Registration Process and/or your Participants as the context admits.
  3. Duration
    1. For use of the "No Registration Process" Service, this contract begins when you have been issued with a PIN code or when you use the Service for the first time, whichever is first.
    2. If you use the "Registered Service" this Contract begins when you have successfully completed the registration process.
  4. Your Privacy and Processing of Personal Information
    1. When you register for either the "No Registration Process" Service or "Registered Service", you must give us a valid and active email address. We use this e-mail address to create you an account and communicate with you about the service you have subscribed to.
    2. For information about our data protection practices, please read our Privacy Policy which can be viewed at www.all-call.com/privacy. The Privacy Policy explains how we process your personal information and protect your privacy when you use our Services and submit your information or data to us. It also outlines how you are able to change your privacy preferences.
    3. This Privacy Policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data. Section 8 of the Privacy Policy provides information about the circumstances in which we may act as a data processor, rather than a data controller.
    4. If you or your participants use a mobile phone to access the Service, we may send you Service SMS messages outlining more cost effective ways for you to connect to the call. You may choose not to receive these messages by contacting us at the address or telephone number indicated in paragraph 16.
  5. Availability
    1. The Service is available 24 hours a day 7 Days per week. Except:
      1. in the event of scheduled planned maintenance, in which case the Service may not be available between 2am and 5am Sunday morning; or
      2. in the event of unplanned or emergency maintenance, we may, if the need arises have to carry-out work that may affect the Service, in this event calls may be truncated or may not connect, if we have to interrupt the Service, we will make every effort to restore it within a reasonable time; or
      3. in the event of circumstances beyond our reasonable control.
    2. Maintenance schedules and Service status reports will be provided upon request.
    3. Occasionally we may have to:
      1. change the code or phone number or the technical specification of the Service for operational reasons; or
      2. give you instructions that we believe are necessary for health or safety, or for the quality of the Service that we supply to you or to our other customers and you agree to observe them; but before doing so, we will give you as much notice as we can.
  6. Repairing faults
    1. We cannot guarantee that the Service will never be faulty, but we will make every effort to correct reported faults as soon as we reasonably can.
  7. PIN Code
    1. You have no right to sell or to agree to transfer the PIN Code provided to you for use with the Service and you must not try to do so.
  8. Phone Numbers
    1. Nobody must advertise any phone number or PIN Code for the Service in or on a phone box without our consent, and you must make sure that this does not happen. The action that we can take if this happens is explained in Paragraph 12.
    2. You must access the Service using the phone numbers issued to you.
  9. Charges for the Service
    1. We do not charge you directly for the use of the Service.
    2. Each user of the Service, including you, will be charged the prevailing Call Charges for calls to the dial-in number applicable to the Service that you use.
    3. All Users will be invoiced the Call Charges on their standard telephone bill issued by their telephone network operator at the prevailing Call Charge rate for calls to the dial-in number.
    4. You should check with your telephone network operator to confirm the Call Charge rate for the dial-in number applicable to the Service that you use.
    5. There are no cancellations or booking charges.
  10. Your Responsibilities
    1. You and the Participants must use tone-dialling telephones to dial-in to the Service.
    2. You are responsible for the security and proper use of the PIN Code once you have received it from us.
    3. When you register for either the "No Registration Process" Service or "Registered Service", you must provide a current valid and active email address. We use this email address to create you an account and communicate with you about the service you have subscribed to*
    4. If you or your Participants use a mobile telephone to access the Service, we may send occasional SMS messages, you can opt out of these messages by contacting us at the address or telephone number shown in Paragraph 14.
  11. Misuse of the Service
    1. Nobody must use the Service:
      1. to make offensive, indecent, menacing, nuisance or hoax calls; or
      2. fraudulently or in connection with a criminal offence; and you must take all reasonable precautions to ensure that this does not happen; or
      3. in a way contrary to the Via-Vox Acceptable Use Policy which is available on request.
    2. the action we can take if this you misuse the Service is explained in Paragraph 12.
      If a claim is made against us because the Service is misused and you did not take all reasonable precautions to prevent that misuse, or did not notify us of that misuse at the first reasonable opportunity, you must reimburse us in respect of any sums we are obliged to pay and any other reasonable costs that we have incurred.
    3. Voice Calls may be recorded and the recording used for the sole purpose of investigating abuse of the system.
  12. Limitation of Liability
    1. We do not recommend use of the Service where the risk of non connection or loss of connection carries a material risk. Accordingly you may only use the Service if you accept that all such risk is yours and you should insure accordingly.
    2. To the extent allowed by law we disclaim all liability for the use of the Service, in particular:
      1. any liability we have of any sort (including any liability because of our negligence) is limited to the costs of the call charges incurred for the call in question.
      2. we have no liability for any unauthorised use or misuse of the Service by you or anyone else.
      3. we have no liability either to you or any other Participant of your conference call for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed.
      4. matters beyond our reasonable control - if we cannot do what we have promised in this Contract because of something beyond our reasonable control, including but are not limited to; lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority, or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. If any such events continue for more than three months, we can terminate this Contract by giving you notice.
      5. we are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication Services or for faults in or failures of their networks and equipment.
    3. Each part of this Contract that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.
  13. Termination or Suspension of PIN Code
    1. We can suspend the PIN Code:
      1. immediately, if you materially breach this Contract and/or we believe that the Service is being used in a way forbidden by Paragraph 10a. This applies even if you do not know that the calls are being made, or the Service is being used in such a way. We will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action;
      2. upon reasonable notice if you breach this Contract and fail to remedy the breach within a reasonable period of being asked to do so.
    2. If we suspend the PIN code, it will not be restored until you satisfy us that you will only use the Service in accordance with this Contract.
  14. Variation
    1. We can change the conditions of this Contract at any time. We will give you as much notice as reasonably possible of any change to these conditions.
    2. You cannot transfer or try to transfer this Contract or any part of it to anyone else.
    3. You may cancel the contract at any time by writing to us at the address in Paragraph 14a, but such cancellation will be ineffective to the extent you continue to use the Service.
    4. If you do not use the Service for at least 6 months we reserve the right to remove the PIN allocated to you from the system.
  15. Third Party Rights
    1. A person who is not a party to this Contract, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
  16. Prevailing Law
    1. This contract is governed by the law of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.