General Terms and Conditions
By creating a voiptelecare.com Account, or by the continued use of our Services, you
have accepted the following terms and conditions (together the "Conditions")
which set out the terms under which Telecare.im Ltd ("We", "Us" or "Our") will provide
the Services to
You:
Domain Name Terms and Conditions ("Domain Name
Conditions")
Voice Terms and Conditions ("Voice
Conditions")
Privacy Policy ("Privacy
Policy")
- DEFINITIONS
- The definitions and rules of interpretation in this condition apply in
the Conditions:
- "Account Details" means the details that You
give to Us when
You create an account with Us.
- "Chargeback" means a situation where We have
initially received
payment from You, but that payment has been subsequently
rejected by You or Your
credit or debit card issuer and the payment sums are returned to
You.
- "Communications Regulator" means a government
regulator
responsible for Phone Numbers and/or Voice Service provision.
- "Consumer" You are a consumer if You are an
individual not: (a)
using or planning to use Our Services as part
of a business trade or profession; (b) purchasing a Domain
Name during a "Sunrise" or "Landrush" period as defined in the
Domain Name
Conditions for the Domain Name Registry (c) at Our sole
discretion, purchasing our Services for financial or commercial
gain,
including, without limitation, for the sole purpose of placing
advertisements on
the Domain Name. You shall not be treated as a consumer under
the contract if
You have purchased or are the registered holder of 5 or more
Domain Names or Phone Numbers.
- "Contract" means the contract between You and
Us formed by Your
acceptance of the Conditions by ticking into the box next to the
text "I confirm
that I have read and agree to the Terms and Conditions" and
pressing the
"Continue" button during the process by which You create an
account with Us.
- "Dashboard" means the Dashboard provided by Us
in the "My
Dashboard" area at https://voiptelecare.com
that allows You to manage your Services.
- "Domain Name" means an Internet top level
domain name capable
of registration through Us.
- "Fees" means Our fees as set out at: https://www.voiptelecare.com.
- "Geographic Phone Numbers" means any phone
number that is not a
Premium Phone Number and available for sale at
https://voiptelecare.com under the
heading of Geographic Phone Number for a Fee or for inclusion in
your monthly
plan with Us.
- "Initial Period" means the initial period we
will provide your Service for.
- "Intellectual Property Rights" means all
patents, copyright and
related rights, trademarks, service marks, moral rights, rights
in confidential
information and any other intellectual property rights in each
case whether
registered or unregistered and including all applications for
and renewals or
extensions of such rights and all similar or equivalent rights
or forms of
protection in any part of the world.
- "Non-Geographic Phone Numbers" means any phone
number that is
not a Premium Phone Number and available for sale at
https://voiptelecare.com under
the heading of Non-Geographic Phone Number for a Fee or for
inclusion in your
monthly plan with Us.
- "Phone Numbers" means Geographic Phone Numbers,
Non-Geographic
Phone Numbers and Premium Phone Numbers provisioned and
accessible on the public
telephone network.
- "Premium Phone Numbers" means any phone number
selected and
purchased from our phone number search and itemized on our sales
invoices as
“Premium Number”
- "Privacy Service" means a Requested Domain's
ownership is
temporarily changed to a holding company as stated in our
Domain Privacy Service
Terms &
Conditions
- "Registry" means the organisation which
operates the zone file
converting Domain Names to Internet protocol addresses for a top
level Domain
Name.
- "Renewal" means the renewal of the Services we
provide to you for the period specified in Your Dashboard or
otherwise at https://voiptelecare.com
- "Renewal Fee" means Our fees as set out in the
renewal price
list which can be found at: https://voiptelecare.com.
- "Requested Domain" means the Domain Name You
ask Us to
register.
- "Sales Tax" means a consumption tax charged at
the point of
purchase for goods and services.
- "Services" means the services set out in clause
2.1 as amended
from time to time.
- "Whois" means a domain name search tool for an
Internet top
level domain name registry database.
- "You" or "Your" means the
person or business entity who is
entering into this Contract with Us and who the Services will be
provided to.
- "Voice Service" means the provision of a
platform to allow audio
conversations across a public or private data connection.
- Headings in these conditions shall not affect their interpretation.
- A person includes a natural person, corporate or unincorporated body
(whether or not
having separate legal personality).
- Words in the singular include the plural and in the plural include the
singular.
- A reference to a statute or statutory provision is a reference to it as
it is in force
for the time being, taking account of any amendment, extension, or
re-enactment and
includes any subordinate legislation for the time being in force made
under it.
- Any obligation in the Contract on a person not to do something includes,
without
limitation, an obligation not to agree, allow, permit or acquiesce in
that thing being
done.
- PROVISION OF SERVICES
- We will provide to You the following Services in accordance with the
Conditions:
- The Services shall include (but shall not be limited to):
- purchase of Geographic Phone Numbers, Non-Geographic Phone
Numbers and Premium
Phone Number
- provision of Voice Services
- registering the Requested Domain;
- processing the Renewal;
- managing the information maintained in the Whois in relation to
the Requested
Domain;
- providing a Dashboard to allow You to manage the Requested
Domain, Geographic
Phone Numbers, Non-Geographic Phone Numbers and Premium Phone
Number
- providing telephone and e-mail support for the Services between
the times
displayed at: https://voiptelecare.com/contact/
at Our sole discretion;
- providing the Privacy Service (where applicable); and
- providing relevant software, hardware and infrastructure
maintenance and
upgrades at Our sole discretion and without a requirement on Us
to give notice
to You of such maintenance or upgrades.
- Without prejudice to Our other rights and remedies, We may at
Our sole
discretion suspend the provision of the whole or any part of the
Services
(temporarily or permanently) and will have no liability to
provide the Services
on the occurrence of any of the following events:
- an event of Force Majeure as set out in clause 9.3.1;
- upgrade or maintenance of Our or the Requested Domain
Registry's IT
systems, but We will restore the provision of the
affected Services as
soon as reasonably practicable following the suspension;
- the issue by any court of competent jurisdiction or
other competent
authority (including, but without limitation, a person
appointed under a
Dispute Resolution Policy for the determination of a
dispute) of an
order which is binding on Us which has the effect of
suspending Our
Services; or
- if You fail to pay any Fees or any other sums owing by
You to Us when
they fall due.
- To the fullest extent permitted by law and save as provided
elsewhere in the
Conditions, the Services are provided by Us on an "as is" and
"as available"
basis and no warranty or representation (express or implied) of
any kind is
given that the Services will be provided on an uninterrupted,
timely, secure or
error-free basis.
- YOUR OBLIGATIONS
- You shall:
- notify Us immediately if You know or have reason to suspect that
there has been
any unauthorised use of the Services;
- notify Us immediately if You know or have reason to suspect that
there is or may
be any court proceedings or other proceedings (including but
without limitation
any complaint, proceedings or similar) which
involve the Services we provide you with;
- ensure that We have Your correct name, postal address, phone,
fax and email
information and credit and/or debit card details at all times;
- provide identification, documentary evidence and information
that We reasonably
require in order to be able to carry out the Services and You
agree that We may
keep copies of any identification and documentary evidence on
Our files for the
purposes of providing and maintaining the Services;
- notify Us of the authorised representatives whose instructions
We may accept on
Your behalf;
- not use or suffer the Services to be used for any unlawful
purpose or for the
publication of, linking to, issue or display of, any unlawful
material including
any software which is pirated or which breaches any Intellectual
Property Rights
or any material which is obscene, pornographic, threatening,
malicious, harmful,
abusive, defamatory or which breaches the rights including
Intellectual Property
Rights of any third party or which is or encourages criminal
acts or contains
any virus, worm, trojan horse or other harmful code whether
under English law or
regulations, the laws or regulations of Your country or of any
other location
where the results of such purpose or the material in question
can be accessed;
- not use or suffer the Services to be allowed to be used in
breach of generally
accepted standards and codes of practice for the use of the
Internet, including
but not limited to the sending of unsolicited e-mails, "mail
bombing" or the
impersonation of another person whether living or dead; and
- not use the services of any third party for the purposes, in
breach of generally
accepted standards and codes of practice for the use of the
Internet, including
but not limited to: the sending of unsolicited e-mails, "mail
bombing", the
impersonation of another person whether living or dead, or the
publication of,
linking to, issue or display of any material that refers to Us
or any of Our
products or services without Our prior written consent.
- You agree and acknowledge that:
- We are under no obligation to register or continue to provide
our Services to you;
- We have made no representations or warranties to You as to the
availability of
our Services
- in the event of a Chargeback by Your credit card company or
other credit
institution We shall have the immediate right at Our sole
discretion to take
ownership of and suspend provision of
the Services. Where We exercise Our right under this clause
3.2.3, the Services
will be reinstated upon
payment by You to Us of any outstanding Fees and a Chargeback
administration fee of 75.00 GBP.
- the provision of our Services shall only be provided to You on
the strict basis
that the You consent to the processing of Your data as stated in
Our Privacy
Policy.
- WARRANTIES
- By entering into this Contract You warrant that:
- all the identity, contact and credit and/or debit card
information supplied to
Us by You in accordance with provision of Our Services is
correct, current and complete;
- all passwords or any other identifiers that You use in
connection with the
Services will at all times be kept confidential, used properly
and will not be
disclosed to any unauthorised person;
- any activity carried out in connection with the Services which
requires the use
of passwords or other identifiers will be carried out by You or
someone
authorised to act on Your behalf;
- You accept full liability for all actions done, charges incurred
and losses
suffered by You for any activity carried out in connection with
the Services
which requires the use of Your passwords or other identifiers,
whether carried
out with Your authorisation or not;
- You have all necessary permissions, licenses and consents to use
the Services
and that You will not infringe any Intellectual Property Rights
of
any other person or entity;
- You will obtain all necessary permissions, licenses and consents
that may be or
are required from time to time to enable Us to provide You with
Services;
- You will not use the Services or allow them to be used for the
publication, web
forwarding, linking to, issue of or display of any material
which in Our
absolute discretion may harm Us, Our reputation or otherwise
bring Us into
disrepute.
- INDEMNITY
- You will fully indemnify and keep Us and Our officers, partners,
employees and agents
fully indemnified against all liabilities, costs, claims, expenses,
demands, damages,
penalties and losses (including professional costs and expenses) whether
directly or
indirectly suffered or incurred by Us arising out of or connected with:
- Your breach of the Contract; or
- Your breach of any warranty given in clause 4; or
- any use or misuse of the Services as a result of or attributable
to Your
actions.
- FEES AND PAYMENT
- Any sums payable by You to Us under this Contract are exclusive of
VAT or any other
Sales Tax and shall be made in the currency stated at https://voiptelecare.com.
- All sums payable to Us under this Contract shall be paid in full without
any deduction
set-off or withholding other than as required by law. You shall not be
entitled to
assert any credit, set-off or counterclaim against Us in order to
justify withholding
payment of any such amount in whole or in part.
- We are under no obligation to commence the Services, unless and until We
have received
the required Fees and any other sums outstanding from You to Us.
- We may at Our discretion retain ownership of the Services until all Fees
and
sums owed to Us by You have been received in full and cleared funds.
- Where You authorise the payment of any Fees by credit and/or debit card,
We may deduct
other amounts becoming payable under this Contract under that credit
and/or debit card
without obtaining additional or further authorisation from You.
- Where You have registered more than one credit and/or debit card with
Us, We will take
the Fees in the order of preference You designate to them in Your
Dashboard.
- Subject to clause 8.5 We will not provide credit notes or refunds.
- For the avoidance of doubt and subject to clause 8.5, once a request for
a Service
has been placed, You do not have the right
to cancel such request.
- LIABILITY
- Nothing in this Contract excludes or limits Our liability for death or
personal injury
caused by Our negligence or any damage or liability incurred by You as a
result of fraud
or fraudulent misrepresentation by Us.
- We will not be liable to You in contract, tort or otherwise, including
negligence for
any direct or indirect immediate or consequential loss, damage, costs,
expenses or other
claims arising out of or in connection with this Contract for:
- loss of profit;
- loss of business, contracts or revenue;
- loss of expected savings or goodwill;
- loss of initial registration or use, or both (for whatever
reason) of the Services.
- Subject to clause 7.1 Our total liability to You, whether under these
Conditions or
otherwise, including liability for negligence, shall be no more than
5,000 GBP.
- All conditions, warranties or other terms which might have effect
between You and Us or
be implied or incorporated into this Contract whether by statute, common
law or
otherwise are hereby excluded to the fullest extent permitted by law,
including without
limitation any implied conditions or warranties.
- TERMINATION
- We will provide the Services to You for the Initial Period and will
continue to provide
them beyond the Initial Period, subject to termination in accordance
with this clause
8.
- Following the Initial Period either party may terminate the Contract by
giving 30 days
written notice to the other.
- Without prejudice to any other rights or remedies which We may have, We
may terminate
the Contract without liability to You immediately on giving notice to
You if You fail to
pay Us any sum due under the Contract on the due date for payment and
You remain in
default not less than seven days after being notified in writing to make
such payment.
- Without prejudice to any other rights or remedies which the parties may
have, either
party may terminate the Contract without liability to the other
immediately on giving
notice to the other if:
- the other party commits a material breach of any of the terms of
the Contract
and (if such a breach is remediable) fails to remedy that breach
within 30 days
of that party being notified in writing of the breach; or
- the other party (being a company) is deemed unable to pay its
debts within the
meaning of section 123 of the Insolvency Act 1986 or (being a
natural person) is
deemed either unable to pay its debts or has no reasonable
prospect of so doing,
in either case, within the meaning of section 268 of the
Insolvency Act 1986; or
- the other party has a receiver, manager, administrator or
administrative
receiver appointed over its assets or income, has passed a
resolution for its
winding-up, or has a petition presented to any court for its
winding-up or an
administration order; or
- the other party suspends or ceases, or threatens to suspend or
cease, to carry
on all or a substantial part of its business.
- Subject to clause 8.6, if You are a Consumer You have the right to
cancel the Contract
by notice to Us in writing within 7 days and receive a full refund at no
additional cost
from either; the date the Contract is formed, or the date that You
receive confirmation
from Us that the Contract is formed, whichever is the later.
- You will no longer have the right to cancel the Contract set out in
clause 8.5 once We
have commenced the Services with Your consent.
- Due to the real time nature of Our Services, where
following termination We are unable to cancel any Services,
We may make a minimum charge to You to cover costs incurred by Us for
the provision of these Services.
- On termination of the Contract for any reason You agree that:
- We shall have the right at Our sole discretion to immediately
delete Your
account with Us;
- Your entitlement to use any of Our Services will immediately
cease;
- Any and all of Your accrued and future rights, including rights
in any
accrued and future goodwill, in the Services shall immediately
cease; and
- You shall have not have any title to or any licence to the whole
or any
part of the Service and full ownership and title in shall
immediately revert to Us.
- GENERAL
- Confidential Information
- Each party undertakes that it shall not at any time disclose to
any person any
confidential information concerning the business, affairs,
customers, clients or
suppliers of the other party, except as permitted by clause
9.1.2.
- Each party may disclose the other party's confidential
information:
- to its employees, officers, representatives or advisers
who need to know
such information for the purposes of carrying out the
party's
obligations under this Contract. Each party shall ensure
that its
employees, officers, representatives or advisers to whom
it discloses
the other party's confidential information comply with
this clause
9.1.2.1; and
- as may be required by law, court order, Dispute
Resolution Policy or any
governmental or regulatory authority.
- No party shall use any other party's confidential information
for any purpose
other than to perform its obligations under this Contract.
- Intellectual Property
- You acknowledge and agree that You will not own or acquire
ownership of any
Intellectual Property Rights in or relating to the Services
other than those rights expressly granted by this Contract.
- Force Majeure
- Neither party shall have any liability under or be deemed to be
in breach of
this Contract for any delays or failures in performance of this
Contract which
result from circumstances beyond the reasonable control of that
party (a "Force
Majeure"). The party affected by such circumstances shall
promptly notify the
other party in writing when such circumstances cause a delay or
failure in
performance and of when they expect the circumstances to cease
to do so. If such
circumstances continue for a continuous period of more than 90
days, either
party may terminate this Contract by written notice to the other
party.
- Data Protection
- Any personal data that We obtain from You during the provision
of the Services
will be held by Us in accordance with Our Privacy Policy.
- Without prejudice to Clause 9.4.1 You acknowledge and agree:
- that any personal data that You provide to Us for the
purposes of
providing our Services will be provided to the Registry,
Communications Provider or such other regulatory or
government authority as is required in
order to provide your Services;
- that details of Your name, address and payment record
may be submitted
to a credit reference agency for the purposes of
checking your credit
worthiness.
- Amendments
- We have the right to amend this Contract at any time by giving
You Notice (as
defined below in clause 9.10). Any such Notice shall not take
effect for 28
days. After the 28 day notice period has elapsed any amendments
specified in the
Notice shall take immediate effect.
- You may request an amendment to this Contract by giving Us
Notice in accordance
with clause 9.10.3.
- We reserve the right not to agree or incorporate into these
terms and conditions
any amendments that You may propose pursuant to clause 9.5.2.
- Assignment
- You may not, without Our prior written consent (such consent not
to be
unreasonably withheld), assign, transfer, mortgage, charge,
declare a trust of
or deal in any other manner with this Contract or any of the
rights and
obligations under or arising out of this Contract (or any
document referred to
in it), or purport to do any of the same. You may not
subcontract or delegate in
any manner any or all of Your obligations under this Contract to
any third party
or agent.
- We may, at any time, assign (absolutely or by way of security
and in whole or in
part), transfer, mortgage, charge or deal in any other manner
with the benefit
of any or all of Our obligations or any benefit arising under or
out of this
Contract.
- Entire Agreement
- This Contract contains the whole agreement between the parties
in respect of the
subject matter of this Contract and supersedes and replaces any
prior written or
oral agreements, representations or understandings between them
relating to such
subject matter. The parties confirm that they have not entered
into this
Contract on the basis of any representation that is not
expressly incorporated
into this Contract.
- Waiver
- No failure or delay by Us in exercising any right, power or
privilege under this
Contract shall impair the same or operate as a waiver of the
same nor shall any
single or partial exercise of any right, power or privilege
preclude any further
exercise of the same or the exercise of any other right, power
or privilege. The
rights and remedies provided in this Contract are cumulative and
not exclusive
of any rights and remedies provided by law.
- Severance
- If any provision of this Contract is prohibited by law or judged
by a court to
be unlawful, void or unenforceable, the provision shall, to the
extent required,
be severed from this Contract and rendered ineffective as far as
possible
without modifying the remaining provisions of this Contract, and
shall not in
any way affect any other circumstances of or the validity or
enforcement of this
Contract.
- Notices
- Any notice required to be given by Us under this Contract or
otherwise, shall be
emailed to You at the email address as given to Us by You in
accordance with
this Contract.
- Any notice given in accordance with clause 9.10.1 shall be
deemed to have been
duly received:
- if sent by e-mail, when read; or
- if posted to Your Dashboard, 14 days after such
posting,
whereafter any provisions contained in such notice shall be
deemed to take
effect immediately save for the provisions of clause 9.5.1.
- Any notice required to be given by You under this Contract,
shall be in writing,
signed by a duly authorised representative and shall be sent by
pre-paid
first-class post or recorded delivery or by commercial courier,
to the other
party at its address as set out below:
- The Managing Director, Telecare.im Ltd, Merrigal House, Ballavitchel Road, Crosby, , IM4 4NP, Isle of Man
or as otherwise notified by Us in accordance with the provisions
of this clause
9.10.
- Any notice given in accordance with clause 9.10.3 shall be
deemed to have been
duly received if sent by pre-paid first-class post or recorded
delivery, at on
the two days after posting; or if delivered by commercial
courier, on the date
and at the time that the courier's delivery receipt is signed.
- Third parties
- Save for those rights given to third parties in the Domain Name
Conditions, for
the purposes of the Contracts (Rights of Third parties) Act 1999
and
notwithstanding any other provision of this Contract is not
intended to, and
does not, give any person who is not a party to it any right to
enforce any of
its provisions.
- Law and jurisdiction
- Save as provided in the Domain Name Conditions, this Contract,
and any dispute
or claim arising out of or in connection with it or its subject
matter, shall be
governed by, and construed in accordance with, the law of
England and Wales.
- The parties irrevocably agree that the courts of England and
Wales shall have
exclusive jurisdiction to settle any dispute or claim that
arises out of, or in
connection with, this Contract or its subject matter.
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