2. Rule Modification
The Service is available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations who can form legally binding contracts under applicable law. By accepting these Terms, you signify that you meet these qualifications of eligibility. VOIPAR may refuse to offer the Service to any person or company, and may change our criteria for eligibility, at any time, at its sole discretion. VOIPAR retains the right to terminate your account and your rights to use the VOIPAR products and services for any reason including but not limited to our belief or suspicion that any registration data you provide is or becomes untrue, inaccurate, not current, or incomplete.
We will supply the Services with reasonable skill and care.
However, we do not guarantee:
- that the Services will be uninterrupted, secure or error-free; or
- that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
We do not provide a back-up of your Data or guarantee the integrity of your Data, however, we will use our reasonable endeavours to provide copies of Data for disaster recovery purposes.
We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
Specific Conditions on the Provision of Telephony Services
By purchasing our Telephony Services (VoIP) you confirm that you understand that our services:
- may not offer all of the features you may expect from a conventional phone line;
- may sometimes be unavailable as a result of things over which we have no control, for example, the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection and you understand that in such circumstances all services (including 999/112 public emergency call services) will also be unavailable;
- may not connect you to the public emergency service and if we do, may not provide your phone number and location details to the operator if you make a public emergency services call. You will have to provide your location information and phone number verbally to the operator; and
- may not offer you the ability to transfer (port) your existing number to an alternative service if your service ends.
The Service provided by us is not a Publicly Available Telephone Services (PATS) and your attention is specifically drawn to the service descriptions at www. voipar.com that sets out the Service offering and service limitations for our customers. The Service is subject to different regulatory treatment than a Publicly Available Telephone Services (PATS) and this may limit or otherwise affect your rights of redress before regulatory agencies such as OFCOM in the UK.
Once the Leased Line Service has been activated and is available for you to use, you may only end this Agreement by notice equal to the Minimum Cancellation Notice Period which must expire on or after the Minimum Service Period.
We may terminate all or any of the Services by notice equal to the Minimum Cancellation Notice Period (to expire at any time on or after the Minimum Service Period) without our incurring any liability.
Unless otherwise stated, the Minimum Cancellation Notice Period is 90 days (to expire on or after the Minimum Service Period).
Leased line contract length is for 5 years unless otherwise specified
5. Use 0f Service
By accepting these terms, you are agreeing NOT to allow through your actions, or those of another, the use of services from VOIPAR for unlawful or illegal purposes; including but not limited to making offensive, indecent or prank/hoax calls, allowing others to do so, using the services fraudulently, to commit or further a criminal offence. You are agreeing NOT to cause damage to this or any other communication or data system, and you fully indemnify VOIPAR against any liabilities (including such things as legal expenses, losses, costs, claims and damages), brought about by your action or inaction in violation of this agreement. You may NOT submit or publish through VOIPAR any materials that are libellous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You will comply with all reasonable instructions provided by VOIPAR in relation to the service.
6. Acceptable Use Policy
The service includes "Inclusive Calling Plans" that have been designed as a fixed price alternative telephone service, enabling customers to benefit from our low cost networking operating model. If we deem your usage during any single month not to be within normal business use, we reserve the right to suspend, restrict, change or cancel your VOIPAR service at our discretion.
The VOIPAR service has been designed assuming average usage levels consistent with data as identified through established telecoms industry levels. In order to protect the average utilisation levels we have set upper limits which may be subject to change. These upper limits are described here.
The VOIPAR Acceptable use policy ("AUP") specifies the following limitations:
1. Re-supplying or Re-selling
When we provide you with the Service and any associated Software, it is for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the whole or any part of the Service or the associated Software to anyone else.
2. Fax Broadcasting
The Service cannot be used for fax broadcasting, fax blasting or bulk faxing to send fax messages to multiple recipients at one time.
The Service cannot be used for auto-dialling or predictive dialling, or the systematic dialling of telephone numbers for telemarketing or any other purpose.
4. Spam over Internet Telephony
The Service cannot be used in any way to generate, distribute or otherwise for SPIT (spam over Internet telephony) or VAM (Voice / VoIP spam).
5. Unlawful Use
You will not use the Service, and will take all reasonable precautions to ensure that no one (including you) uses the Service in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located here. We reserve the right to make an administrative charge as a result of abuse of any Acceptable Use Policies.
6. Upper Limits
The upper limits for Single Line UK Unlimited & Single Line UK Unlimited & International unlimited is 2,500 minutes in any month.
7. Limitation of liability
VOIPAR 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, packet loss caused by the interruption of the services the downloading or use of the software or any event beyond our control including the act of any network operator or third party. VOIPAR expressly excludes any warranty as to the suitability, quality or reliability of the services or the software that they will be fit or suitable for your purposes. You agree that the limitation of liability in this agreement is appropriate. These limitations do not restrict or limit your rights as a consumer. You may contact VOIPAR at any time by email at the address given on the website www. voipar.com. If a court of competent jurisdiction holds any part of this agreement as unenforceable then the rest of the agreement shall remain in force to the maximum extent permissible by law. VOIPAR shall not be liable to You for the loss of the services caused by an event beyond our reasonable control including but not limited to any fault in or suspension of the network of any third party, any act of God, lightning damage, fire, power failure or any loss or change to or loss of telecommunications equipment or any act of any authority or third party.
Single line accounts are provided on a Pay As You Go (PAYG) basis without a contracted period.
Multiline Business Accounts are subject to an initial contract period of either 3, 12, 24 or 36 months, and shall continue thereafter on a rolling monthly basis.
Broadband Services are provided subject to an initial contract period of 12 months, and shall continue thereafter on a rolling monthly basis.
VOIPAR Telephone lines are provided subject to an initial contract period of 12 months, and shall continue thereafter on a rolling monthly basis.
Either party may terminate this agreement (as regards some or all of the Services) following the initial contract period at any time for any reason by giving to the other 30 days written notice.
We may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice:
- if you breach any the terms and obligations under these Conditions and, if remediable, having received from us a written notice stating the intention to terminate these conditions if not remedied, fail to remedy the breach within 14 days;
- if you are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or you enter into any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or
- if we are required to do so by a competent or regulatory authority.
On termination of this agreement or suspension of Services for any reason:
- we will immediately stop supplying, and will terminate access to, the relevant Services. This may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the Services and / or we may destroy any such Data;
- all licenses granted by us to you will terminate;
- any fees due remain payable and, if already paid, will be non-refundable
- your accrued rights and liabilities will be unaffected.
If the Customer terminates its Long Term Contract before the end of the Minimum Period, the following early termination charges will apply:
1) Where the Contract is terminated within the first 12 months of the Minimum Period, the Customer will pay Voipar the full rental due for the first 12 months of the Minimum Period and 75% of the rental that would otherwise have been payable for the remainder of the Minimum Period at the rental applicable on the date of termination (exclusive of VAT).
2) Where the Contract is terminated after the first 12 months of the Minimum Period, the Customer will pay Voipar 75% of the rental that would otherwise have been payable for the remainder of the Minimum Period at the rental applicable on the date of termination.
(a) VAT will be applied to these termination charges, unless otherwise specified.
(b) Early termination charges will not apply where:
(i) the Customer wishes to terminate its ISDN Long Term Contract early to replace it with another ISDN contract with a duration which must be longer than the outstanding Minimum Period of the Contract which is to terminate. If the new contract is for a lesser number of channels a termination payment will be charged for the ceased channels.
9. Jurisdictional Issues
This Service is controlled and operated by VOIPAR makes no representation that materials in the Service are appropriate or available for use in your location. Those who choose to access this Service from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Jurisdictional Issues
11. Governing Law
This Service shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.