TERMS & CONDITIONS - Pre-Paid Accounts (PAYG) - Quick ChatThis site is owned by Simple Telecoms Ltd (hereafter THE MERCHANT) and registered in England, Registration No.8283225, with registered address at 1 Russell Hill Place, Purley Surrey, CR8 2LT London (hereafter THE MERCHANT ADDRESS), and email address at solutions@simpletelecoms.co.uk.
Any purchase of goods or telephone services from the site www.simpletelecoms.co.uk, .com or .es (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
Terms & Conditions - 2014
This sets out terms on which "Simple Telecoms", "we", "our" will
provide global telecommunications services (the "Services") to you, the
customer with whom we make this contract ("you"). By using Simple
Telecoms you agree to the following terms and conditions:
1.1 For the purpose of ensuring consistency in the terms on which the
Services are provided by Simple Telecoms to its customers and subject
to 1.2 and clause 10, Simple Telecoms may vary its terms at any time by
posting the changes on its website (www.simpletelecoms.co.uk). You agree
that if you decide to use Services after the amendments have been put
on our website you are bound by these terms and conditions as varied.
Notice will be provided before the amendments take effect via the
website or other means.
1.2 Simple Telecoms may vary any charges or rates, or charge to you
any taxes or duties imposed in relation to the Services at any time.
Current prices are shown on the website. For usage in the European Union
prices include VAT unless otherwise stated. Simple Telecoms will give
at least 7 calendar days’ notice before price changes take effect unless
such changes are a result of taxation or legislation or result from
actions outside the control of Simple Telecoms. Such notice will be
given via the website or other means.
1.3 Simple Telecoms will charge you for Services in accordance with
relevant terms; tariffs, rules and charges applying at the time the
Services are used. These are available on the Simple Telecoms website.
2. Use of Personal Information
2.1 Information you provide or we hold (whether or not under this
Contract) may be used by us, our employees and/or agents to: (a)
identify you when you make enquiries to our customer services or other
departments; (b) help administer any accounts, services and products
offered by Simple Telecoms now or in the future; (c) help us to detect
fraudulent or illegal usage or loss or as required by the legal
authorities; and (d) write to, or telephone, you with information about
other services and products offered by us and our carefully selected
partners.
2.2 In order to tell you about discounts and offers which may be
available, we will process information about your use of the Services,
including (but not limited to) the time you make calls and
frequently-called numbers.
2.3 All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
3. Services
3.1 Services are made available to you on condition that you do not
re-supply or resell or otherwise make Services available to any person
on an arms-length commercial basis, and that you do not use the Services
in any way or for any purpose prohibited by law. You agree to indemnify
Simple Telecoms against any claims, losses, damages, costs, liabilities
and expenses (including, without limitation, legal costs and expenses)
resulting from illegal actions in relation to the Services provided to
you whether engaged in by you or any other person using the Services
with your permission. If you believe that someone else has used the
Service without your or our permission you should notify us at the first
reasonable opportunity.
4. Payment
4.1 The service is entirely pre-paid. You may purchase call credit in
Euro’s and, £’s Sterling by payment transfer to the Simple
Telecoms Bank Account via your own Bank, PayPal or other acceptable
means. Banck transfer charges must be paid by the sender. If the cost of the bank transfer is not coverd byb the send we will credit the account with the recived amount minus the transfer cost. At the discretion of Simple Telecoms call credit may be purchased
via credit cards up to the value of Euros 50, GBP 50 or other
currency (or such other amount as we may accept from time to time).
4.2 Simple Telecoms uses third party agencies to process credit card
details and card verification for fraud or stolen cards. From time to
time Simple Telecoms may request customers to verify their credit card
and/or bank statement details by fax or other means as part of the
verification process. We may suspend the service if we suspect that any
fraudulent use is being made of it. We will debit your account with
charges calculated in accordance with our standard rates in force from
time to time. Records of the calls you have made will be made available
on our website.
4.3 If you do not use the service for a continuous period of 3 months
or more, we may close your account without refund of any outstanding
credit.
5. Liabilities
5.1 We do not exclude or restrict our liability for death or personal
injury caused by our negligence or that of our agents, or for any
liability arising under Part 1 of the Consumer Protection Act 1987 and
nothing in this clause 5 limits or restricts this liability;
5.2 We will not be liable to you either in contract or tort
(including negligence) or otherwise for any damage, cost or expense,
loss of or corruption of data, loss of profits or production, loss of
operational time, goodwill, contracts or anticipated savings or any
indirect or consequential loss caused by the interruption, delay,
suspension, non-delivery, caused by the interruption of the services or
any event beyond our control including the act of any network operator
or third party.
5.3 Subject to clause 5.1 we make no warranties, conditions,
guarantees or representations as to quality or fitness for a particular
purpose of the Services or other warranties, conditions, guarantees or
representations whether express or implied, oral or in writing, except
as expressly stated in this Contract; and
5.4 We exclude all liability for the accuracy (or inaccuracy) of any
material or other information provided by us or made available by any
third party, for any third party goods or Services purchased or obtained
or any transactions entered into using the Internet Service, or the
transmission or reception of (or failure to transfer or receive) any
information or software
5.5 Subject to the limitations in this agreement our total liability
to you shall be limited to the unused credit in your account with us at
any time. You agree that the limitation of liability in this agreement
is appropriate given the charges for the services.
5.6 We shall not be responsible for any delay or failure to carry out
our responsibilities under this Contract for reasons beyond our
reasonable control, including for example acts of God, exceptionally
severe weather, industrial disputes, failure or shortage of power
supplies, act of terrorism or riot, war, default or failure of a third
party (including any Network Operator or service provider) or their
telecommunications systems, or government actions.
5.7 Simple Telecoms does not guarantee the transmission of data via
ISDN or any IP platform line. Simple Telecoms does not provide a
maintenance service. Simple Telecoms will endeavor to connect you to the
Service within 72 hours of receipt of your request but does not warrant
that connection will be made by then. We cannot guarantee that the
Services will be free of faults or interruptions, timely or secure to
the extent that they may be affected by things we cannot control, such
as lack of network capacity. We shall provide the Services with
reasonable skill and care, but if you do experience a problem, or
suspect a fault you should first contact our Customer Services at
solutions@simpletelecoms.co.uk
6. Provision of Service
6.1 There is a Five (5) cents connection or minimum charge per call. Services are
billed in per minute increments. Call charges are rounded up to the
nearest penny.
6.2 You accept that any supply of Services to any person making
telephone calls from either the telephone numbers nominated by you or by
using your account and PIN is deemed to be authorised by you and that
you must pay any charges arising out of that use.
6.3 Simple Telecoms will endeavor to minimise the charges arising out
of misuse of your telephone or PIN once you have informed us of such
misuse but the liability for such misuse remains yours even after Simple
Telecoms is informed.
6.4 Simple Telecoms may suspend and/or disconnect your Services at
its discretion. We will normally inform you first if we are going to
suspend or terminate your access to the Service.
6.5 If you have a complaint regarding the Services you may contact our Customer Services Team. solutions@simpletelecoms.co.uk
6.6 If Simple Telecoms no longer provides Services, Simple Telecoms
may obtain an alternative provider to provide the Services to you. You
agree to the assignment of Simple Telecoms’s rights under these terms
and conditions to that alternative provider provided the level of
service you currently experience is not significantly reduced as a
result.
6.7 You must keep confidential all passwords you have nominated to be
connected with the Services. You agree that Simple Telecoms will
disclose any information in connection with your accounts to anyone who
correctly quotes your password and you also agree that our automated
billing reminder/information announcements and /or other information
will be heard by anyone accessing the services.
6.8 You agree that you will not use the services for any unlawful
purposes such as making any offensive, indecent or hoax telephone calls
or allowing other persons to do so or using the services fraudulently or
in connection with a criminal offence. You will not falsify or use the
services to transmit or intercept any voice, data or e-mail messages or
use the service to in any way cause detriment or harm to any
communication system. You will comply with all reasonable instructions
provided by us in relation to the services and will fully indemnify us
against any expenses, liabilities, losses, costs (including legal
costs), action, claims, damages or liabilities howsoever incurred by us
as a result of your breach of this agreement.
6.9 Simple Telecoms may elect to terminate or suspend this agreement
immediately without prior notice if you breach any of the terms and
conditions of this agreement, or if you become insolvent or bankrupt.
Simple Telecoms may block any account or suspend the provision of the
Service in the event that it reasonably believes that a customer's
credit card and/or bank account details are being or may be used
fraudulently, and/or in the event that it is unable to verify a
customer's credit card and/or bank account details with the relevant
customer's bank or credit card issuer. Either we or you may end this
agreement by providing the other with 30 days prior written notice. On
termination, other than for your breach of this agreement, we will
refund you any outstanding credit in your account with us less any costs
that we incur in processing such a refund and less the value of any
unused credit (subject to clause 4.1) allocated by Simple Telecoms to
you arising from a promotional offer. Request for refunds or termination
should be e mailed to our Customer Services Department
6.10 If any part of these terms and conditions is unenforceable
(including any provision in which Simple Telecoms excludes its liability
to you) the enforceability of any other part of these terms and
conditions will not be affected.
6.11 Any notice under this contract, whether required to be written
or otherwise, may be given by us to you by post, personal service, email
or SMS messaging to any email address, or phone number, you have given
us to correspond with you. You must give notices to us by post, personal
service, email or SMS messaging to the address set out in these terms
and conditions.
7. Intellectual Property Rights
7.1 It is agreed and acknowledged by the parties that all
communication media and systems associated with the web site
www.simpletelecoms.co.uk / .com / .es and the Webman control panel and
the underlying services remain the property of the Company, its
suppliers or partners as appropriate. By using the services, the
Customer shall not obtain any rights in the infrastructure, content,
Intellectual Property, or software associated with the services.
8 .Force Majeure
8.1 Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
8.2I n such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
8.3 Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
9. Non-Waiver
9.1 No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
10. Applicable Law and Competent Jurisdiction
10.1 In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
10.2 In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.