1. Vocal7 VoIP services are available to any applicant.
2. Throughout any Agreement, "Vocal7" shall mean Vocal7 Ltd. company of G-Connect, Thurston House, 80 Lincoln Road, Peterborough, Cambridgeshire, England PE1 2SN, Company No. 06772021
3. These terms and conditions apply to the Vocal7 VoIP service (the "Service"). Please read this agreement (the "Agreement") before using the service in whole or in part. In this agreement, "We" or "Us" relates to Vocal7 or their agents and "You" or "Customer" relates to the person, person(s) or organisation receiving the Service. Also, acknowledge that these terms and conditions may vary from time to time.
4. You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice service at certain times.
5. When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence , permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement. In addition, you must not transmit, distribute or otherwise publish on the Service any libellous , defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, Vocal7 will not be held liable for any charges incurred by these proceedings.
6. The contents of the Service, including, but not limited to text, photographs, graphics, video and audio content (the "Content") is protected by copyright as a collective work or compilation under the copyright laws of England and other countries, and owned or controlled by Vocal7 , their affiliates or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service. Without limiting the generality of the foregoing, the Vocal7 service may not be resold or otherwise resupplied by any account holder to any other person or entity without Vocal7 prior written consent.
7. Fees and charges applicable to your service will commence from the date of connection to Vocal7. Customer may use the service when the account balance is positive. We suspend the service if the account balance is negative. All information about balance, calls, payments is available on our web site after login procedure. Vocal7 can decide that you have a credit limit. If so, we will tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges owing on your account. Finally, we may ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date.
8. If you have authorized payments by credit card, debit authority or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 14 days written notice to Vocal7 . Disconnection to the Service will occur in the event that your authorized payment method is refused or dishonoured by your nominated financial institution.
9. Your term begins when you are first connected to Vocal7 and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, you must give us notice by telephoning the Vocal7 billing department and requesting a disconnection. The Service will be disconnected within 7 days of receipt. Vocal7 may suspend, restrict or disconnect the service under varying circumstances. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to the date of disconnection.
10. Vocal7 records are prima face evidence of the Customers use of the service and the charges payable. Vocal7 allows customers to connect to the service using their own device. Vocal7 only charges for answered calls and ceases to charge when the call is terminated by the caller. The Customer agrees that any calls from the Vocal7 number supplied to the Customer are deemed to be authorized by the Customer and the Customer will pay all charges accordingly. All calls are charged in sixty second increments, if unless agreed on different billing increment.
11. All Customers are assigned a Vocal7 number and password. The Customer should keep confidential all passwords the Customer is given in connection with the service. The Customer acknowledges that Vocal7 will disclose any information in connection with the customers accounts to any person who correctly quotes the Customers password.
12. Vocal7 numbers are used for identification purposes. A user does NOT own the Vocal7 number he or she picked or specified. The user pays Vocal7 for the process of connecting a Vocal7 number with relevant online services. The user does NOT pay for the number itself in anyway. Vocal7 has the sole right in the use of the number and can assign the number to anyone or anything it chooses. Vocal7 numbers are normally assigned on a first come first serve basis, however, preference is given to some parties at Vocal7 discretion
13. Local Phone Numbers used by you are not portable. That is you cannot "take them with you" when your Service is terminated. This is because the user does NOT own the Local Phone Number he or she picked or specified, Vocal7 does . The Local Phone Numbers that customers use are actually what the telecom industry call Direct In Dial (DID) numbers belonging to Vocal7 . DID's are not portable between carriers in the same way a "normal" phone number would be. Upon termination of the service, Local Phone Numbers remain the property of Vocal7 . Furthermore, the Local Phone Numbers belong to Vocal7 at all times. When you give out Local Phone Numbers, you are giving out Vocal7 Local Phone Numbers for people to call Vocal7 and NOT to call you. At their discretion, Vocal7 may choose to link a Local Phone Number to a Vocal7 number. This link is internal to the Vocal7 network.
14. If, in Vocal7 opinion, you breach any of terms and conditions of this Agreement, we may suspend, terminate or limit your access to the Service and terminate this Agreement effective immediately. The termination of the Service shall not preclude Vocal7 from exercising any other rights Vocal7 may have against you under this Agreement.
15. These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and Vocal7 in relation to Service(s). Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party's only remedy shall be for breach of contract as provided in this Agreement.
16. These terms and conditions are governed by the laws and regulations of the state of Peterborough - England.
Disclaimer of Warranties
The service is available "as is". We do not warrant that the service will be uninterrupted or error-free. There may be delays, omissions, interruptions, loss of data and inaccuracies in the service, information provided by the service or other materials available through the service.
Limitations of Liability
Vocal7 and their respective officers, directors, shareholders, employees, representatives, parents, subsidiaries, affiliates, agents, or licensors are not liable for losses or damages of any kind whether direct, indirect, incidental, consequential, special, punitive or exemplary, and whether tangible or intangible in nature including lost revenues or profits, loss of business or loss of data, in any way related to the service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the service (including without limitation as a result of breach of any warranty or other term of this agreement) even if such damages, claims, losses or injuries were foreseen or foreseeable. To the extent that ant liability is not legally capable of being excluded, any claim against us arising out of contract, tort or otherwise shall be strictly limited to the amount you paid, if any, for use of the service.