|
This
sets out the terms on which Sip2save will provide telecommunications
services (the "Services") to you, the customer ("you")
with whom we make a contract as a result of your agreement to accept
the Services. By using 'Sip2save' you agree to the following terms
and conditions: |
1.
|
|
INTRODUCTION
|
1.1
|
|
For
the purpose of ensuring consistency in the terms on which the Services
are provided by Sip2save to its customers and subject to clause
2.1 and clause
7.1 , Sip2save may vary its terms at any time by posting
the changes on its website ( www.Sip2save.com
). Sip2save will only do this if it has a valid reason; for example,
to reflect changing legal, regulatory or business requirements.
You agree that if you decide to use the Services after the amendments
have been put on our website you are bound by these terms and conditions
as varied. |
1.2
|
|
Headings
are for guidance only and are not intended to be legally binding.
|
1.3
|
|
These
Conditions take precedence if inconsistent with the material on
our Website. |
1.4
|
|
The
following have particular meanings in these Conditions:
"Data"
includes information, documents, text, software, music, sound, photography,
messages, and other material of any kind in any form;
"Goods"
means the goods described on the Website and which we agree to sell
to you;
"Personal Data"
means Data about any identified or identifiable living person;
"Regulations"
means the Consumer Protection (Distance Selling) Regulations 2000;
"Services"
means the services described on the Website and which we agree to
provide to you; and
"Website"
means our web presence at www.Sip2save.com
and other locations we advertise from time to time. |
2.
|
|
GENERAL
TERMS & CONDITIONS |
2.1
|
|
Sip2save
may vary any charges or rates, or charge to you any taxes or duties
imposed in relation to the Services at any time. You can request
details of our prices at any time. All prices exclude VAT unless
otherwise stated. |
2.2
|
|
Sip2save
will bill you for Services in accordance with relevant terms, tariffs,
rules and charges applying at the time the Services are used. |
2.3
|
|
You
represent that you are at least 18 years old and that you have the
right and ability to enter into this Agreement. |
2.4
|
|
You
must keep confidential all passwords you have nominated to be connected
with the Services. You agree that Sip2save 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. |
2.5
|
|
You
acknowledge and understand that the Services do NOT support access
to emergency services. You agree to inform any household residents,
guests and other third persons who may be present at the physical
location where you use the Service as to this lack of access to
emergency services. |
2.6
|
|
In
the case of any package offering 'Unlimited' minutes, it will only
be possible to make one call at any one time; concurrent calls are
not permitted on these accounts. |
3.
|
|
USE
OF PERSONAL INFORMATION |
3.1
|
|
Information
you provide or we hold may be used by us, our employees and / or
agents to:
- identify you when you make telephone enquiries;
- help administer any accounts, services and products offered by
Sip2save now, or in the future;
- help us to detect fraud or loss; and
- write to, or telephone, you with information about other services
and products offered by us and our carefully selected partners.
We will not contact you in this way unless you have previously consented.
|
3.2
|
|
In
order to tell you about discounts and offers which may be available,
we will process information about your use of the Services, including
the time you make calls and frequently-called numbers. |
3.3
|
|
In
connection with this provision of the Services under these terms
and conditions we may carry out credit and fraud prevention checks
with one or more licensed credit reference and fraud prevention
agencies and they will retain a copy of the search. Information
from your application and payment details of your account will be
recorded with one or more of these agencies and may be shared with
other organisations to help make credit and insurance decisions
about you and members of your household and for debt collection
and fraud prevention purposes. This includes those who have moved
house and are in default. |
3.4
|
|
The
address given to us on application for a service must match the
address to which the appropriate credit card is billed. If you provide
false or inaccurate information and we suspect fraud, we will record
this. We, and other credit organisations, may use and search the
records referred to in this clause:
- for debt collection, fraud prevention and management of your accounts
or insurance policies; and
- to check your identity to prevent money laundering unless other
satisfactory proof of identity is provided. |
3.5
|
|
If
you require details of those credit reference and fraud prevention
agencies from which we obtain and with which we record information
about you, please write to us. |
3.6
|
|
You
acknowledge that there may be implications under the Data Protection
Act 1998 (or any other applicable statutory or European Community
data protection requirements) if personal data (including billing
data) is permanently stored. |
4.
|
|
ABUSE
OF SERVICES |
4.1
|
|
You
shall not use, nor knowingly allow others to use, the Services for
any improper or unlawful purpose or in any manner that is offensive
or unlawful. |
4.2
|
|
Services
are provided 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 Sip2save
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. If you do not you may be liable
for any losses which you suffer as a result. |
4.3
|
|
In
the case of any package offering 'Unlimited' minutes, use of the
Service will be suspended when the monthly use has exceeded 5000
minutes, and you will be contacted so as to allow Sip2save to determine
whether further use in that month will be permitted; this will be
at the discretion of Sip2save. |
5.
|
|
WARRANTY
& LIABILITY |
5.1
|
|
Sip2save
may impose a credit limit on your account and/or require payment
of a security deposit or interim payment, at its sole discretion
and at any time. The purpose of the credit limit is solely for Sip2save's
monitoring purposes and can be amended without prior notice. Sip2save
may at any time apply your security deposit to meet any cost, loss
or liability incurred as a result of failure by you to comply with
these terms or to pay any amount payable by you to Sip2save or its
related companies. Sip2save may suspend the provision of the Services
until you comply with this clause. |
5.2
|
|
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 section (5) limits or restricts this liability; |
5.3
|
|
If
you suffer any other loss or damage our liability will be limited
to twice the monthly contract cost per incident or series of connected
incidents and twenty four times the monthly contract cost in any
12 month period. |
5.4
|
|
We
will not in any event be liable for:
- any business loss (including loss of profit, revenue, contract,
anticipated savings, goodwill, data, or other financial loss); or
- any indirect or consequential loss which is not reasonably foreseeable
by us when this contract starts. |
5.5
|
|
Subject
to all of section 5, we: |
|
|
5.5.1
|
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 |
|
|
5.5.2
|
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. |
5.6
|
|
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. |
5.7
|
|
Sip2save
does not warrant that connection will be made, and 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 beyond
our control. We shall provide the Services with reasonable skill
and care, but if you do experience a problem, or suspect a fault
you should first telephone our Customer Services . If you do not,
we will not be responsible for any call-out or other charges you
incur from any Network Operator or other party. |
5.8
|
|
You
will indemnify Sip2save against all claims, damages, liabilities,
costs (including reasonable legal fees) directly or indirectly related
to your use of the Goods, your use of the Services or breach by
you of these terms and conditions. |
6.
|
|
BILLING
|
6.1
|
|
Sip2save
or its agent will bill you for all Services supplied by Sip2save to
the service numbers nominated by you or Sip2save. Voice services are
billed by the second; where individual call charges include a fraction
of one penny, the following rounding rules apply:
- 0.50 pence or above; the individual call charge is rounded up
to the nearest penny;
- 0.49 pence or below; the individual call charge is rounded down
to the nearest penny |
6.2
|
|
Bills
for Services, if appropriate, will generally be issued monthly.
Sip2save, or its agent, may vary billing frequency at any time by
prior written notice to you. You must pay any bill by its due date.
You accept that any supply of Services to any person making telephone
calls from the numbers nominated by you or Sip2save is deemed to be
authorised by you and that you must pay any charges arising out
of that use unless you let us know at the first reasonable opportunity
if you discover that someone is using the Services without your
permission. |
6.3
|
|
If
a Direct Debit or other form of payment is dishonoured or cancelled
Sip2save shall pass on any administration fee, which may include third
party charges. |
6.4
|
|
If
you do not pay your bills on time, Sip2save may charge you interest
on overdue amounts at 4% per annum above Barclays Bank plc base
rate. Interest is calculated and accrues daily. Sip2save may charge
an administrative fee of £2 (which we may vary from time to
time) to cover expenses incurred as a result of payments being received
after the due date. |
6.5
|
|
The
number of inclusive minutes provided by any package means the number
of minutes that can be used per monthly billing period. Unused minutes
WILL NOT be carried over to the following monthly billing period
under any circumstances. |
7.
|
|
SERVICE
PROVISION |
7.1
|
|
Sip2save
may suspend and / or disconnect your Services at its discretion.
We will normally inform you before we suspend or terminate your
access to the Service. |
7.2
|
|
If
you have a complaint regarding the Services you may contact our
Customer Services Team support@Sip2save.com . You may also refer any complaints regarding the Services to
OFCOM ( www.ofcom.org.uk ).
|
7.3
|
|
If
Sip2save no longer provides Services, Sip2save may obtain an alternative
provider to provide the Services to you. You agree to the assignment
of Sip2save's 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. |
7.4
|
|
In
order to provide Services to you, Sip2save may select and at any time
change any carrier or other service provider. You authorise Sip2save
to give all notices, nominations and other authorisations necessary
for Sip2save to provide the Services to you. |
8.
|
|
MISCELLANEOUS
|
8.1
|
|
If
any part of these terms and conditions is unenforceable (including
any provision in which Sip2save excludes its liability to you) the
enforceability of any other part of these terms and conditions will
not be affected. |
8.2
|
|
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 that you have provided
to us. |
8.3
|
|
You
will, subject to any exceptions or exclusions set out in the Regulations,
be entitled to terminate our services under these terms and conditions
by serving a written notice of cancellation on us at any time during
the following periods:
- In the case of Goods, within seven working days after the day
on which you receive the Goods;
- In the case of Services within seven working days after the date
you enter into a contract with us. If we wish to terminate your
services under these terms and conditions we must give you 30 calendar
days notice, subject to acceptable usage as defined in Section 4
above. |
8.4
|
|
In
the event you provide us with written notice of cancellation, Goods
should be returned to the supplier's correspondence address. Youwill
be liable for the costs of returning such Goods or the costs of
the supplier in recovering such Goods unless you have a right to
reject the Goods under a term of these Conditions or under statutory
right (including any right under the Unfair Terms in Consumer Contract
Regulations). |
8.5
|
|
With
regard to the risk and title in goods, risk shall pass to you upon
delivery, but the Goods shall remain the property of Sip2save until
such time as full payment has been received |
8.6
|
|
These
terms & conditions are governed by the laws of England and Wales.
|