uk-telephony Ltd. Terms & Conditions of Service

Version 1.4 - 29/05/01

By registering with uk-telephony Ltd. the User agrees to the following Terms & Conditions of Service. Users who have not purchased a service are only bound by the relevant terms and conditions applicable to becoming a uk-telephony Ltd. User and testing the services.

1. GENERAL

ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS OF SERVICE

uk-telephony Ltd. services are owned and operated by uk-telephony Ltd., and are provided to the User under the 'Terms & Conditions' herein. uk-telephony Ltd. may at any time modify the 'Terms & Conditions' without any prior notice. Any such changes will be displayed on the uk-telephony Ltd. website at URL www.uk-telephony.co.uk or any subsequent URL as uk-telephony Ltd. may determine. Your continued use of the service (as defined below) thereafter will constitute acceptance of such changes. The 'Terms & Conditions' and the User's registration information are the complete agreement between the User and uk-telephony Ltd. regarding this Service, and supersede any other prior agreements or communications between uk-telephony Ltd. and the User. This agreement will commence when your credit card transaction to pay for the services is complete.

DEFINITIONS

'Service' shall mean the Services provided by uk-telephony Ltd. under this agreement and which are more particularly set out under the page headings uk-telephony Ltd. Services.

'User' shall mean the customer of the Service.

'Registration' This means you are applying for an account with uk-telephony Ltd. and agree to these terms and conditions.

'Account Operating Balance' This displays the current status of funds you have in your account to purchase the rental of the telephone number and any minutes you may use.

'Operating Vouchers' This is the means by which you add funds to your Operating balance by purchasing vouchers from £10 - £1000 with a credit card

'Automatic Operating Voucher' This is an automatic means by which (if selected) additional operating vouchers are purchased when your operating balance reaches a pre-determined level.

'Resellers' shall mean the person, persons or organisations introducing customers to the Service.

'Network Provider' shall mean the company or organisation delivering your existing telephone service, e.g. BT.

'ICSTIS' is the Independent Committee for the Supervision of Standards of Telephone Information Services.

TELEPHONE NUMBERS

All telephone numbers provided by uk-telephony Ltd. are rented to the customer for their sole dedicated use for their selected service, for the duration of the rental period as selected and paid for by the user, with the exception of: (1) Users who have purchased 'cherished' freephone or premium rate numbers. (2) Users who participate in shared numbers but use PIN numbers. uk-telephony Ltd. and the network provider's reserve the right to change telephone numbers as and when specified by OFTEL.

PRIVACY STATEMENT

uk-telephony Ltd. are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

uk-telephony Ltd. collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
We will not email you in the future unless you have given us your consent.
We will give you the chance to refuse any newsletters or emails from us or from another trader in the future.

The type of information we may collect about you includes:

• your name
• address
• phone number
• email address
• credit/debit card details

We will never collect sensitive information about you or your organisation without your explicit consent.

The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.

The personal information that we hold will be held securely in accordance with our internal security policy. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a 'cookie' which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

INDEMNITY

Users agree to indemnify and hold uk-telephony Ltd., and its subsidiaries, resellers, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claim or demand, including all legal fees, made by any third party due to or arising out of your content, your use of the Service, your connection to the Service, your violation of the Terms & Conditions, or your violation of any rights of another including any claim of libel, defamation, violation of rights of privacy or property or other rights, including loss of service by other Users and infringement of intellectual property.

LINKS

uk-telephony Ltd. its affiliates, resellers, or third parties may provide links to other World Wide Web sites or resources but is not responsible or liable, directly or indirectly for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. uk-telephony Ltd. is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

PROPRIETARY RIGHTS

Users acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information, that is protected by applicable intellectual property and other laws. Users further acknowledge and agree that content contained in Sponsorship advertisements or information presented to you through the Service or Advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by uk-telephony Ltd. or Advertisers, Users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

NO RESALE OF SERVICE

Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, or any benefits of being a uk-telephony Ltd. user.

UNLAWFUL USE

Users agree not to use the Service to transmit or receive any material which would contravene the laws of the United Kingdom (which, without prejudice to the generality of the foregoing, shall specifically include conduct contrary to the COMPUTER MISUSE ACT 1990 or the TELECOMMUNICATIONS ACT 1984, or the DATA PROTECTION ACT, or the ICSTIS code of practice or the lawful requirements of any existing or future regulatory body. ANY BREACH OF THE ABOVE WILL RESULT IN THE TERMINATION OF ALL uk-telephony LIMITED SERVICES TOGETHER WITH uk-telephony LIMITED USERS ACCOUNTS AND MAY AS A CONSEQUENCE RESULT IN CRIMINAL PROSECUTION.

LIMITATION OF LIABILITY

USERS EXPRESSLY UNDERSTAND AND AGREE THAT uk-telephony LIMITED OR ANY OF ITS SUBSIDUARIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF uk-telephony LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SERVICE. (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE. (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

NOTICES

All notices to you will be made via email to your email address. uk-telephony Ltd. may also provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices on the uk-telephony Ltd. Web site. As these notices may affect your terms and conditions.

2. USER OBLIGATIONS

THE USER

The User agrees that they will not use the Service for any illegal purpose, or for the transmission of information that is libellous, unlawful, harassing, abusive, threatening, of another's privacy, harmful, vulgar, defamatory, obscene, pornographic, or in anyway that may infringe the laws governing, but not exhaustively covering, copyright, intellectual property rights, trademarks, pornography, or any other material that is slanderous, defamatory or might cause offence in any way.

USER CONDUCT

The User agrees that they will not use the Service in such a manner that is inconsistent with these Terms & Conditions or engage in any action that might be considered system abuse in the opinion of uk-telephony Ltd.; these include but are not limited to:

1. Attempting to take unfair advantage in terms of the Services offered by redirecting calls to unapproved destinations, or unauthorised access attempts.
2. Attempting to circumvent User authentication or security of any host, network, or account on uk-telephony Ltd. or its authorised partners systems.
3. Attempting, in any way, to interfere with, cancel or deny Service to any other uk-telephony Ltd. Users or resellers.

USER RESPONSIBILITIES

The User accepts responsibility for the following;

To obtain all necessary permissions to use and pay for the Services selected, to receive, download, upload, display, distribute or execute other programs or perform other works. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account.

BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.

USER REGISTRATION AND USER ACCOUNTS

The User agrees to provide true, accurate, correct and complete information, which the User is required to provide when registering as a uk-telephony Ltd. user and to amend their user details immediately of any changes to such information. The User agrees not to impersonate any other person or entity or to use a false name or a name that the User is not authorised to use. If the User is accepted, they will forwarded a user name and password to the email address specified in the log-in process. The User is allowed to select a user name of their choice, although uk-telephony Ltd. reserves the right to modify such or provide the User with a user name of uk-telephony Ltd. choice if, in its sole opinion, such user name infringes or violates the rights of any person or third party or is defamatory, offensive or is in any other way improper or inappropriate. uk-telephony Ltd. reserves the right to terminate the User's account if any information provided by the User in the registration process is untrue, inaccurate or out-of-date. When using the Service the User has sole responsibility for maintaining the security and confidentiality of all passwords, User names, PIN numbers or security access codes. The User accepts total responsibility for these codes and for any consequence of these codes being divulged. The User is also obliged to pay the applicable charges for calls to help line and any charges for changing Personal Settings. Failure to do so will be considered a breach of these Terms & Conditions.

uk-telephony Ltd. reserves the right to decline application to register as a user of the service, in its sole discretion.

USER'S CONTENT

uk-telephony Ltd. does not claim ownership of the content placed on any of its services created by a USER. By submitting content to uk-telephony Ltd. for inclusion in its services, the user grants uk-telephony Ltd. the world-wide, royalty-free, and non-exclusive licence to reproduce, modify, adapt and publish the content solely for the purpose of running and promoting the User's service.

Users acknowledge that uk-telephony Ltd. does not pre-screen content, but that uk-telephony Ltd. and its operators shall have the right (but not the obligation) at their sole discretion to refuse to accept or remove any content that is available via the Service. Without limiting the foregoing, uk-telephony Ltd. and its operators shall have the right to remove any content that violates the Terms & Conditions, or is otherwise objectionable to uk-telephony Ltd. management.

TERMINATION OF USER ACCOUNT BY THE USER

The user may terminate their account with uk-telephony Ltd. at any time.

TERMINATION OF USER ACCOUNT BY uk-telephony LIMITED

In the event that a user is terminated for violating these Terms & Conditions; uk-telephony Ltd. will give no refund. uk-telephony Ltd. may also, at its sole discretion, and, at any time, discontinue the provision of any of its services or any part thereof, with or without notice. uk-telephony Ltd. reserves the right to terminate a user without notice upon rejection of any credit card charges or if your card issuer seeks return of payments previously made to uk-telephony Ltd. or any of its Agents, when uk-telephony Ltd. in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to uk-telephony Ltd. All amounts due to uk-telephony Ltd. must be paid in full by your card issuer immediately on presentation.

RE-INSTATEMENT OF USER

If you are terminated for any reason, you can only be reinstated at the sole discretion of uk-telephony Ltd. To be reinstated, you must re-apply to be a uk-telephony Ltd. user by completing the full registration application process and agree to abide by the applicable Terms & Conditions, including full payment of any services used.

3. uk-telephony LIMITED OBLIGATIONS

uk-telephony LIMITED ACCOUNT USER

In order for users to gain access to, select, modify, test, and activate any of the uk-telephony Ltd. services (except the email to voice service) the User must first register with uk-telephony Ltd. and become a uk-telephony Ltd. User. By registering with uk-telephony Ltd. you agree to comply with all the terms and conditions without exception.

uk-telephony LIMITED DOES NOT CHARGE USERS FOR TESTING THEIR SERVICES. USERS ARE ONLY CHARGED FOR NUMBERS AND SERVICES THEY HAVE COMMITTED TO USE.

uk-telephony TESTING SERVICE

uk-telephony Ltd. provides Users with the facility to 'test' their selected service prior to committing and paying for their own dedicated service. uk-telephony Ltd. Users can perform as many tests as they wish providing they comply with these terms and conditions and it will only cost them the price of a national rate telephone call (at whatever rate per minute you pay to your network provider). The test service is provided for TEST purposes only and must not be used for or assumed for your dedicated or commercial use. ANY USER FOUND IN THE OPINION OF uk-telephony LIMITED OR ITS AUTHORISED RESELLERS ABUSING THE TEST SERVICE WILL BE TERMINATED IMMEDIATELY.

uk-telephony LIMITED SERVICES

All services offered by uk-telephony Ltd. are as described as such in the services section of the uk-telephony Ltd. web site. uk-telephony Ltd. shall provide the Service to the Customer subject to availability and shall exercise all due care in the provision and maintenance of the Service to provide high quality and reliability. All information relating to the Customer collected by uk-telephony Ltd. in the course of providing the Service shall remain confidential between the Customer and uk-telephony Ltd. subject only to the permitted users of that information under the Agreement or as may be required under the Act or any other regulations relating to the Service and except that uk-telephony Ltd. at its sole discretion may use data about use of the Service by the Customer as part of any report or publication without revealing the identity of the Customer.

SERVICES ACTIVATION NUMBER RENTAL & TOP UP

Users services will only be activated once confirmed acceptance of the tested service, all costs have been paid in full, and the Terms and Conditions have been agreed too. uk-telephony Ltd. will notify users, by email, to the address given in the member's section when their telephone number rental is due to expire. An email will be sent warning that expiry is within 14 days, 7 days and then 1 day. If the number rental has not been extended then the number will expire and is removed from their account and will be made available to another user. An E-mail will also be sent when service funds have reached 10% of their last totalled balance when funds were credited to their account. If the user's account has insufficient funds to make or complete a call the service will be stopped until funds have been credited to their account.

MODIFICATIONS TO SERVICE AND MAINTENANCE

uk-telephony Ltd. reserves the right at any time to suspend, modify or discontinue the services (or any part thereof) including, without limitation, for maintenance or regulatory purposes or any other purpose without incurring any liability or obligation to you or to any third party. All reasonable efforts will be made to minimise stoppages or suspensions.

REFUSAL OR WITHDRAWAL OF PREMIUM RATE SERVICE

Where in the first two full calendar months of use, or any subsequent two full calendar months, the User has not received at least one call on their premium rate number (minimum use) uk-telephony Ltd. shall 10 days after the end of the two months in which the minimum use was not achieved, take back the allocated number, at which point the User's entitlement to use the service shall immediately cease. Any number(s) taken back under this clause will be made available for other Users after a further 1-month period. Users agree to abide by in full all conditions as set out in the ICSTIS code of practice concerning premium rate services. uk-telephony Ltd. and its authorised merchants reserve the right to cancel, suspend, modify or refuse users services in part or whole and without any refunds or payments accrued from their account with uk-telephony Ltd. if they violate the ICSTIS code of practice and or uk-telephony Ltd. Terms and Conditions.

4. PAYMENTS CHARGES AND TARIFFS

PAYMENTS

Payment for uk-telephony Ltd. Services must be deducted from the user's own credit or debit card, details of which must be submitted in the payment section of the site when completing your services set-up. No services will become active until payment authorisation in full has been completed.

TYPES OF CREDIT CARDS

We accept VISA and MASTERCARD credit cards and Switch and JCB debit cards. The deduction is made by Barclays Merchant Services, as agents for uk-telephony Ltd, and will appear on a statement as 'uk-telephony LIMITED'.

CREDIT CARD INFORMATION: SHOULD ANY DETAILS OF YOUR CREDIT OR DEBIT CARD CHANGE (YOUR NAME, CARD NUMBER, ADDRESS, ETC), OR YOUR CARD EXPIRE YOU MUST NOTIFY uk-telephony LIMITED IMMEDIATELY. FAILURE TO UPDATE YOUR CREDIT CARD DETAILS BEFORE THE RENEWAL DATE MAY RESULT IN THE TERMINATION OF YOUR SERVICE.

REFUND POLICY

Once your service has been successfully connected to your telephone number, all fees are non-refundable.

PREMIUM RATE PAYMENTS

Users operating uk-telephony Ltd. Premium Rate services will receive a percentage of their total revenues for their services paid to uk-telephony Ltd. by the network provider. Users will receive payment into their nominated accounts within 30 days from uk-telephony Ltd. receiving the funds.

By accepting the above Terms and Conditions, users enter into an agreement with uk-telephony Ltd. We can be contacted via email at uk-telephony. This agreement will commence when your credit card transaction to pay for your services is complete.