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NetCalls4Less Terms of Use
Last Revised: 01 October 2006
The NetCalls4Less Internet Telephone service is operated by Talk Online Ltd. of 2 Harbour Exchange Square, London E14 9GE, United Kingdom ('Talk Online', 'we', 'our').
Prices & Calling Rate Information
- Every effort is made to ensure that rates shown on the Talk Online site are correct. If, by error or omission we have shown the incorrect rate to a destination, Talk Online will reimburse the difference between the correct and advertised rate for any calling charges incurred by the user. Talk Online reserves the right to make changes to the site or calling rates described in the site at any time without notice.
The Talk Online Service
- The service will be supplied in accordance with these terms and the service descriptions on our website.
- We will use our reasonable endeavours to make the Talk Online Internet phone service available to you. We provide the Talk Online Internet phone service to you using your existing PC and Internet connection. When you use the Talk Online Internet phone service you are using part of your broadband upload/download allocation (if applicable).
- Talk Online shall endeavour to provide the VoIP service with minimum disruptions. However Talk Online cannot guarantee that the VoIP service will always function without disruptions, delay or other imperfections. Since the VoIP service will be transmitted through public Internet lines and the public switched telephony network, you understand that there may be power outages or Internet service disruption and you may experience some disruptions in the VoIP service, e.g. packet loss and delay.
- We grant you a non-exclusive, non-transferable licence to download and use the software that you need to use our service. Upgrades to such software will be made available from time to time.
- By entering into this Agreement you acknowledge and agree that the Talk Online service does not support emergency (999/911) dialing.
Your Call Details & Payment Details
- The Talk Online service is entirely pre-paid and you will not be charged a start-up fee, monthly charges or for the download of our software.
- We reserve the right to decline payments for services at our discretion, for any reason.
- Your Talk Online account will be debited with charges calculated in accordance with our standard rates in force from time to time.
- Records of the calls you have made and associated charges will be made available on our website for 30 days after the date of your call.
Account Closure
- You agree that Talk Online, in its sole discretion may permanently close your account and/or use of services provided at any time and for any reason or without reason. Any such account closure may be affected without prior notice. In the event of such a closure, Talk Online shall not be held liable by you or any third-party.
- We may elect to close your account 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.
- Talk Online 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.
- Talk Online may also refuse to provide the Service where the customer calls from an invalid or blocked (by Talk Online or a third party ISP) IP address.
- Either you or we may end this agreement by providing the other with 30 days prior written notice.
- If you do not use the service to make a call for 6 consecutive months, your account will be closed without refund of any outstanding credit. If you would like to reopen an account please contact our Customer Support Team.
Talk Online Calling Credit Refunds
- You can request a refund for unused Talk Online calling credit at any time, by contacting our Customer Support Team. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid for or credit acquired through promotional offers. Talk Online reserves the right to deny repetitive refund requests.
- Any refunds given by Talk Online will be given at our discretion. If we terminate your account without reason, we will refund you any credit that is outstanding to your Talk Online account less any costs that we incur in processing such a refund.
Users will receive refunds on the payment card that was used to make their last payment. No cash refunds are given under any circumstances.
No refund will be given in the following circumstances:
- You attempt to install the Talk Online software on a computer that does not meet our minimum requirements.
- Your account balance is £5/€7/$9 (USD) or less.
- You make a payment that you later claim to have made in error.
- You experience real or perceived call quality problems that are outside of our control.
- The funds available on your account are the result of any promotional adjustment by Talk Online.
Use of Personal Information - Including Fraud Prevention
- If you change your name, address, telephone number or payment details you must let us know by amending your account details.
- We may check your details with fraud prevention agencies and if you give us false or inaccurate information or we suspect fraud, we will record this. We may also pass information to financial and other organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. These records will be shared with other organisations and used by us and them to help make decisions about credit and credit related services for you and members of your household and trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts. Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.
- If you require details of those fraud prevention agencies from which we obtain and with which we record information about you, then we will supply them to you on request. Please contact Customer Services to request this information.
- We may monitor and record Calls made to or by Customer Services for training purposes and to improve the services we offer you.
Limitation of Liability
- 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 or non-delivery of our services.
- We shall not be liable to you for loss of service 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 telecommunications equipment or any act of any authority or third party.
- We expressly exclude 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.
- 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 our services.
Your Responsibility
- Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Talk Online's sole discretion, and you may be reported to appropriate law-enforcement agencies.
- 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 service 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.
Other Information
- 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.
- Except in the case of fraud, this Agreement is the complete and exclusive statement of the Agreement between the parties relating to the subject matter of this Agreement, which supersedes all previous communications, agreements and other arrangements written or oral.
- This agreement shall be governed by English law and be subject to the exclusive jurisdiction of the English courts.
- These terms and conditions do not affect your statutory rights.
Complaints Procedure
- We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact our Customer Services Team to log your complaint.
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