|
|
The terms and conditions for use of this web site are below.
As part of the implementation of this new service creation process, we will be contracting clients and resellers to agree such terms for their use, and of which their customers are to be notified.
Resellers will have an agreement with the Service Provider, which governs their use of the systems and software. That agreement would normally include the terms and conditions below but if not it is implicit that they do form part of that agreement. In this context resellers are entirely responsible for the use to which services are put in respect of any of their resellers and customers.
These Call Control Services are provided on the basis that the Service Provider will use their reasonable endeavours to maintain and support those services in accordance with the respective resellers service agreements.
The Reseller and Customer are entirely responsible for programming, managing and controlling the timing and destinations, and transfer of all calls handled by the service.
The Customer is entirely responsible for ensuring that any software that may be used by the interactive Call Control services, such as Microsoft's Windows Media Player, is available on the Customer's equipment.
The Customer will comply with the specific restrictions on the use of 070 numbers as set out in the Ofcom National Telephone Numbering Plan.
When the Bespoke IVR service is installed or amended, where the play message node or the queue node are used, a message must be played prior to playing ringing to the caller. The first prompt position in both nodes must not be set with a ringing audio file or silence. All calls are answered by these nodes and it is against UK telephony regulations to answer a call and play ringing tone to the caller without it being obvious that the call has been answered.
The Service Provider is not liable to you in any respect including any liability for negligence, breach of statutory duty or for any loss of revenue, business, contracts or profits, nor for any loss of value of equipment or for any consequential loss howsoever arising.
The Service Provider will not be liable for any delay in performing our obligations under this agreement, if the delay is caused by circumstances beyond our reasonable control (including, without limitation, deficient performance or availability of the Internet or any telephony services).
The Service Provider will change the software and hardware from time to time to ensure, so far as it is reasonably able, that it is the most mutually practical and commercially suitable for the services provided at any time. This may be done without prior notification.
All payments for these account-based services provided will be made in advance using the credit card processing feature included for each customer. Any failure, for whatever reason, to maintain the pre-pay account in credit will result in an automatic refusal to provide the services. This service may be resumed once a payment is made and accepted as a valid transaction leaving no arrears of monies owed.
It is a condition of use that any payment made by credit card is valid for a maximum of six months from the date on which it is made. If it remains unused after this time it may not be reclaimed. Refunds of remaining balances may be made within the six months but only at the specific request of the customer. The amount refunded, if any, will be a maximum of the balance remaining on account at the date and time of the request less any outstanding charges and an administration fee.
The balance held on account is recorded real-time in the user area of the CallControl web site. The balance may also be confirmed to the customer when accessing the service by telephone.
Monthly fees, when applicable, will be quoted as a monthly charge but will be deducted from the balance remaining on the account on a daily basis. The full charge for one month must be paid in advance as a condition of registering for the service and sufficient account balance must be retained to ensure that any recurring account charges can be deducted in full.
Accounts, once activated, will be available for the use of the Customer until such time as they have been unused for a period in excess of six calendar months. After this time they will be made inactive. Any sums of money remaining on account after this period may not be reclaimed.
Rental charges applicable to these accounts will remain in force and be entirely recoverable from the Reseller until such time as they are made inactive. Reinstatement of the services at any time thereafter will render them subject to at least the same rental charges from that point on.
Thirty days written notice is required to cease an account. The account may continue to be used until the termination date.
Should any client or customer initiate a credit card chargeback for any payment processed then that customer will have their account suspended without notice and the account will not be reactivated until the issue has been resolved to the satisfaction of Telxl Ltd.
Credit card chargebacks attempted after 6 months from the date on which the payment was made will be refused regardless of the reason.
Any calls received that are connected and answered by a Fax Box service on this platform will have a maximum call duration of 60 minutes. Any calls reaching the 60 minute threshold will be terminated.
The applicable tariff will be available to view in the Call Control Service Provider web site. All tariffs include VAT at the prevailing rate.
The Service Provider reserves the right to change any or all of the charges at any time to accommodate the changing costs for the provision of the Service. The Service Provider will endeavour to provide as much notice as possible of any changes that may be made.
The "Add Services Wizard" is available to Resellers and allows the selection of available numbers at the Reseller's discretion. Where this is utilised to create services the Reseller is obliged to, and must confirm their understanding and acceptance of any applicable rules established by Ofcom, ICSTIS or any other legal or regulatory body in respect of the creation and management of those services. In particular 070 "personal numbers" must only be used in conjunction with follow me services that exactly meet the Ofcom National Telephone Numbering Plan (NTNP) and revenue must not be shared with the end-user. If there is any doubt the prior approval of Ofcom must be gained. See www.ofcom.org.uk/telecoms/ioi/numbers/ for further details.
In respect of 09 numbers, the Reseller must ensure all numbers are either registered or certificated by ICSTIS as per the ICSTIS guidelines, prior to the service going live. See www.icstis.org.uk/service_providers/default.asp for further details.
In all cases the reseller remains responsible for its correct operation throughout the life of each such service and for the compliance by the Customer to the specific restrictions as set out in the NTNP. In the event that numbers are found to have been miss-used the revenue will be withheld, numbers will be de-activated and contracts may be terminated.
Where an automated registration service is being provided it will be based on the issue of a limited range of numbers for all inbound calls into the services provided. No other number types will be used without the agreement of the Service Provider.
Numbers will be issued automatically by the service and may be used at the customer's discretion but be aware that limitations as to use may be controlled by the applicable tariff. Modifications to any tariff are entirely at the discretion of the Service Provider.
We are obliged to provide the regulatory bodies of Ofcom and ICSTIS together with certain Investigatory authorities with information about resellers and customers, their companies and individual directors, including personal addresses and contact details, if requested to do so, and have registered to that effect under the terms of The Data Protection Act 1998. The information provided may also include call data, volumes and revenues but essentially that which may be required and is relevant to any investigation or complaint.
Information will not be provided to anyone not legally entitled to obtain or see it.
Ownership of all the equipment and software installed at the time of implementation and subsequently developed and installed at any time thereafter remains the sole property of the Service Provider and no rights will be deemed to have passed, nor will they be assigned, to any clients, resellers or customers at any time.