This Agreement ("Agreement") is between 44Phones Ltd (44Phones), and the Customer. The parties agree as follows:
The Customer acknowledges that this is a Voice over Data Network service, and as such, it is dependent on the Customer's connection to the data network and the data network itself. The Customer's service may therefore cease to function if there is a power failure or a failure in the underlying data network.
Subject to the terms and conditions of this Agreement, 44Phones will provide to the Customer, the telecom services and/or related services described in the specific package of services chosen by you. 44Phones shall take all due care in the provision and maintenance of the service to provide quality and reliability. In the event of any failure or malfunction within our networks 44Phones shall then correct any failure or malfunction as soon as is reasonably practical.
The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to the Customer, provided, however, no Service shall commence unless and until 44Phones receives and accepts a completed Order from the Customer plus payment in full for Services to be rendered during the Initial Term and any setup charges.
44Phones reserves the right to reject any submitted Order for any or no reason prior to acceptance by 44Phones. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term."
All fees for Services rendered or provided to the Customer shall be in accordance with 44Phones's price list then in effect. A price list setting forth 44Phones's current rates for Services is available on the web site.
44Phones may, at any time, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.
All users signing up for the 44Phones service will be asked to read and agree to our terms and conditions before registration is completed. By agreeing to these terms and conditions the user agrees to abide to the terms and conditions.
When the user purchases services or sets up an auto top up, the user grants 44Phones continuous authority on the users debit or credit card until such time as the service(s) or auto top up are cancelled by the user and any outstanding monies have been paid. This includes all administration and porting fees. Should the user choose to cancel the user's monthly service(s) or auto top ups then 44Phones's continuous authority is immediately ceased.
In the event that 44Phones are unable to take a continuous authority payment from the user’s card then the user will be informed by email and will be prompted to make a payment via "Your Smart Account" in order for their services to continue. Unpaid items will be marked as expired and the user prompted to renew. A notice of expired items will also be displayed in "Your Account".
In the event that any amount due to 44Phones remains unpaid, 44Phones, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of 44Phones) shall be paid by the Customer.
The customer will pay for all calls made from his account whether authorised or unauthorised. This includes, but is not limited to, calls made from fraudulent use of the account caused by hacking or any other form of unauthorised intrusion or use.
The customer is wholly responsible for the safety and security of their 44Phones account and the equipment used by them to access the 44Phones network and services and must put in place such safeguards as necessary to prevent unauthorised use. The customer is responsible for all persons who use their username and password to access the service, whether authorised or not. 44Phones accepts no responsibility for costs incurred by the customer from unauthorised usage of a customer's account
44Phones reserves the right to check the security of a customer's equipment or devices used to connect to its network if it reasonably believes that equipment on the customer's network may be at risk from external attack (hacking) or if they believe that its terms and conditions of use are not being followed.
44Phones will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. 44Phones shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.
Any users causing in appropriate cpu (central processor unit) usage, system load, performing any illegal activities or misusing 999 / 112 services will be immediately suspended.
Any users found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a £450 clean-up and service fee upon termination. On such accounts all monies outstanding must be paid and refunds for any remaining months will not be given.
Customer conduct: 44Phones will not tolerate bad language, verbal or threatening behaviour either via phone, email or any other form of communication 44Phones expects that their Customer service and support representatives act in a polite and courteous manor at all times although when faced with over demanding, threatening or abusive callers they are empowered to terminate calls and suspend a users account pending investigation.
44Phones reserves the right to determine what constitutes abuse of their staff or services.
Non-UK Telephone numbers: When ordering non-UK telephone numbers you are obliged to conform to the telephone numbering regulations of the country concerned. This will normally mean that you must use the service from within the geographic numbering range you wish to order and should you should register an account with 44Phones from an address covered by the number range. Failure to do this may result in the loss of your number.
Music on Hold. Licences: 44Phones's custom Music on Hold service is a storage only system. You are wholly responsible for ensuring that you have the appropriate rights and licences to play the music that you upload. If in doubt, consult the Performing Rights Society.
Take Down. We will remove any content that is contrary to UK law, or considered inappropriate or indecent without consultation or prior notice and at our sole discretion.
Customers are required to keep their account in good order and ensure that they check their account on a regular basis by logging in to "Your Smart Account" on our website. All services are controlled by the customer using the on line control panel. This includes the purchase, renewal and cancellation of services.
Customers are responsible for the security and integrity of their own systems and network infrastructure. When contacting our customer services department you will be asked for your account number and the last three digits of your pass our customer services staff will never ask for your full password by email or any other method of communication so you should never disclose it.
We will only discuss and take instructions from customers who are able to give us the last 3 digits of the account’s password or by contacting us by email from the address that their account is registered to. The customer accepts that knowledge of the account’s password authorises 44Phones to deal with an individual contacting us.
Customers are required to keep their user details safe and secure and are responsible for security and integrity of their own local network and email addresses.
Acceptable Usage: Heavy users of the VOIP service, who in 44Phones's reasonable opinion could be seen to be over-using their service, may at 44Phones's discretion, find their available bandwidth restricted at certain times of the day and, if persistent, may have service suspended or terminated.
From time to time, 44Phones will email its customers with information that it judges necessary for the ongoing upkeep and maintenance of their accounts and with information about changes, updates and new services that have become available. The Customer agrees to accept these emails unless and until they cancel all active services on their account.
The Customer agrees to use all 44Phones Services and facilities, and any information obtained through or from 44Phones, at Customer's own risk. Customer acknowledges and understands that neither 44Phones, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. 44Phones specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
Under no circumstances, including negligence, shall 44Phones, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to 44Phones's' records, programs or services.
44Phones further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the amount which the Customer paid during the month immediately preceding the claim or the term of this Agreement, whichever is less.
The Customer shall defend, indemnify, save and hold 44Phones harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against 44Phones, its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.
This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior written notice; (ii) by 44Phones, at any time, upon 20 days' prior notice if in the sole judgment of 44Phones, The Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iii) by 44Phones in the event of non-payment by the Customer as provided in Paragraph 3 above; and (iv) by 44Phones, at any time, without notice, if, in 44Phones’s sole judgment, the Customer is in violation of any terms or conditions of 44Phones's Usage Policy.
All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to 44Phones shall be delivered to its address stated below or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
This Agreement sets forth the entire agreement between 44Phones and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without 44Phones' prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of 44Phones's services.
Any calling credit and any other assets left on an account that has been dormant for longer than 6 months will be deleted and is not refundable.
Please note that calls to 44Phones may be recorded to help us in dispute resolution and for training purposes.
44Phones’s VoIP services can be cancelled at anytime but must be done by the customer using the online control panel. After cancellation, 44Phones services will continue until the expiry of the balance of the 30 day billing period. Part month refunds are not given.
We will only accept porting instructions from the individual named on the 44Phones account.
In the event of a dispute over the customer’s right to port, the original name on the account will be taken as ownership and the customer may be asked for proof of identity before any porting request is accepted.
In the even of a dispute between 44Phones Ltd (44Phones) and the Customer, the Customer in the first instance should contact 44Phones direct. Full company details are shown below. In the unlikely event that a complaint cannot be settled locally, the ITSPA Code of Practice contains an easily accessible dispute resolution scheme for the purpose of bringing such complaint to a satisfactory conclusion.
Registered number: 07620804
Telephone: +44 (0)20 7384 2233