International Dialling Service Terms and Conditions
In this Agreement the following terms and phrases shall have the meanings listed below, unless the context requires otherwise:
“Access Numbers” means the 01, 02, 08 or 09 telephone numbers listed that must be dialled to connect to the Service.
“Agreement” means these terms and conditions and The Company Tariff.
“BT” means British Telecommunications plc and its Associates.
“Charges” means the charges payable by The Customer for the provision of the Service calculated according to clause 6 and The Company Tariff.
“The Company” means Bubble Call a trading name of Galaxy Numbers Ltd, Maylands Business Centre, Hemel Hempstead, Herts HP2 7ES.
“The Company Tariff” means the tariff of charges published by The Company from time to time and available on request to The Customer, and published on the Internet at http://www.bubblecall.co.uk
“The Customer” means a customer of The Company’s voice based international dialling services.
“Intellectual Property Rights” means patents, design rights, trade marks, copyright, database rights, semiconductor topography rights, whether present or future, registered or unregistered, and all applications for any of such rights together with any similar rights of whatever nature subsisting throughout the world.
“PIN” means a Personal Identification Number that is issued when The Customer purchases call credit via the SMS Calling Card and allows access to The Service via the 01 or 02 Access Numbers.
“Service” means such international dialling services that may be offered by The Company to customers in the United Kingdom who dial The Company’s Access Numbers.
“SMS Calling Card” means the facility to purchase call credit worth £5.00 (inclusive of 20% VAT) to be used when accessing the Service via the 01 or 02 Access Numbers.
2. Application of this Agreement
The terms and conditions of this Agreement apply to each use by The Customer of the Service, and by accessing or using the Service The Customer agrees to be bound by them. If The Customer does not agree to be bound by these Terms and Conditions he/she should immediately cease using the Service.
3. Service Provision
3.1 The Company provides the Service to The Customer on the terms and conditions of this Agreement.
3.2 The Company provides the Service to The Customer solely for The Customer’s own private, non-commercial use. The Customer may not resell the Service to any third party.
3.3 The Company provides the Service only to persons who access it through calls originating in the United Kingdom to The Company’s Access Numbers.
3.4 The Company will connect The Customer directly and automatically to their selected telephone number after The Customer has dialled the relevant Access Number, and a PIN in the case of SMS Calling Card, and the correct country dialling code followed by the selected telephone number.
3.5 The Company will use its reasonable endeavours to provide the Service accurately to The Customer. If The Company inaccurately provides the Service to The Customer then The Company may, on request by The Customer, refund The Customer the Charges attributable to that provision of the Service. The Customer should provide The Company with a copy of the phone bill showing the relevant telephone call within 45 days of the date of the bill.
3.6 The Service is provided subject to availability.
4. Use of the Service
4.1 The Customer is responsible for obtaining all necessary equipment and telecommunications services required to access and use the Service.
4.2 The Customer may not use the Service in any improper, unlawful or illegal manner or in breach of any legislation or licence that applies to The Customer.
5. Data Protection & Privacy
5.1 The Company does not record any telephone calls made by The Customer when dialling an Access Number. However, the organisation or person that The Customer is calling via the Service may choose to record calls for training or other purposes. If this is the case, the organisation should advise The Customer of this at the beginning of the call. The Customer should enquire whether the call is being recorded immediately on connection if The Customer has any concerns.
5.2 The Company does not receive any personally identifiable information regarding The Customer’s telecommunications line (whether fixed or mobile) used to access the Service. However, The Customer acknowledges that The Customer’s information may be requested and exchanged with the relevant telecommunications operator to resolve any complaint or refund request at The Customer’s specific request.
6. Charges for the Service
6.1 Access to the Service by dialling The Company’s Access Numbers will be charged at the rates displayed with the relevant Access Number from time to time as published in our promotional material and on our web site http://www.bubblecall.co.uk. All prices quoted are inclusive of 20% VAT.
6.2 The Customer acknowledges and agrees that, in common with other premium rate services, the Charges for its use of the Service will appear on an invoice that The Customer receives from the telecommunications operator whose services The Customer used to access the Service and purchase the SMS Calling Card. Those charges shall be payable according to The Customer’s payment arrangements with that telecommunications operator. If The Customer is not the bill payer The Customer must obtain permission from the bill payer before using the Service or purchasing the SMS Calling Card.
6.3 The Charges shall be payable by The Customer from the time of connection to the Service irrespective of whether or not The Customer successfully contacts the desired telephone number when using the Service due to:
• reaching an automated message service or engaged tone;
• The Customer terminating the call before it being answered;
• the dialled organisation being closed for business at the time of the call;
• the dialled party being unable to answer the call for any reason;
• any other reason beyond the control of The Company.
6.4 Charges shall be calculated on the basis of the rates set out in the tariff of the telecommunications operator whose services The Customer used to access the Service by dialling the Access Number or sending a text message to purchase the SMS Calling Card.
6.5 For access to the Service by dialling the 08 or 09 Access Numbers, prices quoted are for customers using BT residential fixed lines (taken from the BT residential tariff guide published at www.bt.com, correct as at 25.09.2012) and are subject to a call set up fee of 13.1 pence. Other service providers may charge a higher rate, please contact your telecommunications provider for further details.
6.6 Access to the Service via a 01 or 02 Access Number is in conjunction with the SMS Calling Card as follows:
6.6.1 Any texts to the SMS code (87887) are charged at the mobile telecommunication provider’s standard SMS rate and will be billed by them to the holder of that mobile account.
6.6.2 The return message received will cost £5.00 (inclusive of 20% VAT) from T Mobile, O2, Vodafone, Orange or Three and will be billed by them to the holder of that mobile account. The SMS Calling Card does not currently work on the Virgin mobile network.
6.6.3 The Customer will be credited with calling credit to the value of the cost of the return
SMS message and will be issued a PIN with a UK geographic landline telephone number to access the Service.
6.6.4 The PIN will expire 60 days from the date of first use.
6.6.5 Calls to the 01 or 02 (UK Geographical Landline) number will be charged as per your mobile network price plan to a UK Geographical landline, or may be part of your monthly inclusive minutes allowance. Please check with your mobile telecommunications provider to confirm this.
6.6.6 Use of the Service via the 01 or 02 Access Numbers is charged to the SMS Calling Card credit by the minute and is subject to a 5 pence connection charge on all calls. This applies 24 hours a day, 7 days a week.
6.6.7 Rates are effective from 25.09.2012 and may be subject to change without notice.
6.6.8 A maximum purchase of £30.00 per day per SIM card (mobile telephone number) applies.
7. Intellectual Property Rights
All Intellectual Property Rights in the Service belong to The Company or its licensors and nothing in this Agreement operates to transfer any such Intellectual Property Rights to The Customer.
8. Suspension of Service
The Company may suspend the Service at any time without notice to The Customer: (a) for maintenance or other operational reasons; (b) in the case of an emergency, or (c) as a result of a force majeure event in accordance with clause 11.
9.1 The Company may terminate this Agreement and/or the Service at any time for any reason it sees fit.
9.2 The Company reserves the right to terminate any call if it considers it is being made unlawfully or fraudulently and also to suspend any PIN that The Company believes has been purchased fraudulently. In this case any outstanding calling credit will be cancelled and will not be refunded.
10. Limitation of Liability
10.1 The Company does not limit its liability for death or personal injury resulting from its negligence.
10.2 Subject to clause 10.1, The Company shall not be liable to The Customer whether in contract, tort or otherwise for any loss of revenues, profits, the use of money, goodwill, or anticipated savings, for any loss or destruction of data or (without limitation) for any indirect or consequential loss or damage of any kind, whether any such loss is reasonably foreseeable or not arising in connection with the Service for any reason.
10.3 The Customer acknowledges that any information supplied by The Company as part of the Service is derived from databases and services supplied to The Company by third parties. Subject to clauses 3.5 and 10.1, The Company accepts no liability for any loss attributable to or caused by any unavailability of the Service.
10.4 To the extent that The Company’s liability is not excluded by this clause 10, The Company’s liability to The Customer in connection with this Agreement (whether arising in contract, tort (including negligence) or otherwise) is limited to refunding The Customer the Charges for the use of the Service by The Customer that gave rise to that liability.
11. Force Majeure
The Company shall not be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond its reasonable control including but not limited to Acts of God, storm, earthquake, inclement weather conditions, fire, flood, war, industrial action, lockout, default or failure of a third party, or governmental action, failure or shortage of power supplies, labour shortage, the act or omission of highways or railways authorities or telecommunications operators.
The Company shall have the unrestricted right to assign, licence or otherwise dispose of its rights and obligation (in whole or in part) under this Agreement.
The Company may vary the terms and conditions of this Agreement, including The Company Tariff, at any time. The Company shall ensure that the most recent version of these terms and conditions is situated on the Internet at http://www.bubblecall.co.uk. Such change shall take effect from the date that the variations are posted on the Internet.
14.1 Failure by either party to enforce any of its rights under this Agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.
14.2 This Agreement is not intended to be for the benefit of, and shall not be exercisable by any person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.3 Part or all of any clause of this Agreement that is unenforceable or illegal is to be severed from this Agreement and does not affect the enforceability of the remaining provisions of this Agreement.
14.4 The warranties, exclusions and the other express provisions of this Agreement set out the full extent of The Company’s obligations and liabilities concerning its subject matter. The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless the person making such untrue statement knew it to be untrue at the time it was made) other than any remedy it may have for breach of the express terms of this Agreement. Accordingly, any warranties, conditions or other terms in this regard which might but for this clause 14.4 have effect between the parties or which might otherwise be implied into this Agreement or any collateral contract (including without limitation any implied terms of satisfactory quality or fitness for purpose) whether by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law.
14.5 The Company is registered with, and committed to complying with the current Code of Practice issued by, the regulator for phone paid services in the UK, PhonepayPlus.
14.6 This Agreement is governed by the laws of England and Wales and the parties agree to submit disputes in connection with this Agreement to the exclusive jurisdiction of the English Courts.
1 ACCEPTANCE OF TERMS
Your access to and use of www.BubbleCall.co.uk (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 PROMOTED SERVICE
Terms and Conditions for the International Dialling Service promoted on the Website can be found at http://www.bubblecall.co.uk on the International Dialling Service Terms and Conditions page.
3 CHANGES TO WEBSITE
The Website reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the Website shall not be liable to you for any such change or removal; and 3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to the Website or otherwise used by the Website as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, the Website will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 the Website makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Website for death or personal injury as a result of the negligence of the Website or that of its employees or agents.
You agree to indemnify and hold the Website and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Website arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.