TERMS & CONDITIONS - UK SERVICES
This sets out terms on which Simple Telecommunications Ltd Company Registration: 8283225 trading as Simple Telecoms ("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.www.simpletelecoms.co.uk / www.simpletelecoms.es). 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 Simple Telecoms is registered on the UK MOSS EU VAT system. Meaning customers/end users who do not provide a valid VAT/TAX numbers will be changed the TAX rates the service is enjoyed in. 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.Simple Telecoms is also registered under the UK MOSS VAT rules for charging VAT/TAX in all EU member states. How your first bill is calculated. The invoice will show a charge for the whole month in which the invoice is issued and for the whole of the following calendar month. (2 whole months.) This advance payment means you'll have covered your 30 day notice period for cancellation, allowing us to terminate your line for you the same day you notify us should it become necessary. If you've signed up to our service part way through a month, your first bill will also include a charge from the date the new service went live to the end of the part month.
Please remember to tell the bill payer that the name of our Direct Debit will show on their bank statement as "Go Cardless”.
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.
3. 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. The services offered are both pre-paid and post-paid. You may purchase call credit in Euro's or Sterling by payment transfer to the Simple Telecoms Bank Account via your own Bank, Sage Pay, DD or other acceptable means. 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).
4.1 Simple Telecoms uses Sage Pay and other 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.
4.2 If you do not use the service for a continuous period of 4 months or more, we may close your account without refund of any outstanding credit.
5. 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;
5.1 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.
5.2 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 5.3 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
5.3 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.
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.
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 endeavour 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 [email protected]
8. There may be a connection or minimum charge per call depending on the service taken. Services are billed in per second increments. Call charges maybe rounded up to the nearest -penny.
9. 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.
9.1 Simple Telecoms will endeavour to minimise the charges arising out of misuse of your telephone, SIP Trunk or PIN once you have informed us of such misuse but the liability for such misuse remains yours even after Simple Telecoms is informed.
10. 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.
11. If you have a complaint regarding the Services you may contact our Customer Services at [email protected]
12. 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 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.
13. 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.
14. 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 offense. 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.
15. 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.
15.1. If twice in the past 12 months you’ve failed to pay an overdue amount off your service/s, we will end your agreement and services with us. We may also charge you for all your services for the full term of your agreement. We’ll pass details of the overdue amount to a debt-collection agency so they can collect the money for us, and we may charge you our costs of hiring the agency.
16. 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.
17. 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.
18. Intellectual Property Rights
18.1 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.
19 .Force Majeure
19.1 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.
19.2I 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
19.3 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.
20.1 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.
21. Applicable Law and Competent Jurisdiction
21.1 In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on Simple Telecoms site strictly imply the acceptance of Simple Telecoms terms and conditions.
21.2 In case of dispute or claim, the customer agrees to seek an amicable solution with Simple Telecoms 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.