Freshtel internet phone service Terms & Conditions
The Freshtel internet phone service Terms & Conditions apply to new and existing Freshtel internet phone customers and are effective from 10 July 2006.
Although you may have read some information about the Freshtel internet phone service when you purchased your Handset you should read these Terms & Conditions carefully, as they affect your rights and liabilities under the law and set out the terms under which Freshtel makes the Freshtel internet phone service available to you.
For the meaning of words used in these Terms & Conditions beginning with capital letters see paragraph 16.
| 1 | What is Freshtel internet phone? |
| 1.1 | Freshtel internet phone is a phone service that lets you make Calls with a Handset using a computer connected to the internet via broadband. |
| 2 | When your Service Agreement begins |
| 2.1 | By entering into this Service Agreement with us you promise that you are at least 18 years old and have a valid debit or credit card. |
| 2.2 | By clicking "I Accept" during the sign-up process or by otherwise installing and/or using the Software, you agree to enter into this Service Agreement with us and be bound by these Terms & Conditions. |
| 3 | Changes to this Service Agreement |
| 3.1 | We can change this Service Agreement (including our Charges) at any time. We will notify you of any significant changes by email to the email address you gave us when you registered for Freshtel internet phone. If you continue to use the Freshtel internet phone service after the date on which the change comes into effect, your use of the Freshtel internet phone service indicates you agree to the changed Service Agreement and will be bound by it. |
| 4 | Ending your Service Agreement |
| 4.1 | You may cancel your Service Agreement by emailing or by writing to Customer Services (see Contact Us at paragraph 15). We will confirm that we have received your request and that the Freshtel internet phone service will no longer be available to you within 14 days from the date we receive your request. Any unused Credits on your Account will be returned to you by way of credit to the account we obtained the credit from. |
| 4.2 | We may end our Service Agreement with you at any time by emailing you and giving you 30 days' notice. We may also end our Service Agreement with you immediately if: (a) you breach an important term of these Terms & Conditions (for example, you do not comply with paragraph 8), (b) you breach any other term of these Terms & Conditions and do not put it right within 7 days of us asking you to, (c) you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your Account(s), (d) you give us information about yourself which we reasonably believe to be false or misleading, (e) you are the subject of bankruptcy or insolvency proceedings, or if you do not make a payment under a judgement of a Court or fine, or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation, or (f) we are no longer able to provide the Freshtel internet phone service to you despite making all reasonable efforts to do so. |
| 4.3 | Both of us must continue complying with this Service Agreement until we stop providing the Freshtel internet phone service to you. The end of this Service Agreement, for whatever reason, shall not affect either of our rights and liabilities. |
| 5 | Use of personal information - including fraud prevention |
| 5.1 | To learn how we collect and use your personal information, please see the Privacy Policy published on our website. |
| 5.2 | If you change your name, address, telephone number or payment details you must let us know. |
| 5.3 | We may check your details with fraud prevention agencies and if you give us false or inaccurate information and 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. In using our services you agree to us using your personal information in accordance with this clause 5. |
| 5.4 | 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. |
| 5.5 | We may monitor and record Calls made to or by Customer Services for training purposes and to improve the services we offer you. |
| 5.6 | We will forward you our and our affiliates’ marketing information from time to time and in entering into this Service Agreement with us you agree to accept that information. |
| 6 | The Freshtel internet phone service |
| 6.1 | We will use our reasonable endeavours to make the Freshtel internet phone service available to you. We provide the Freshtel internet phone service to you using your existing PC and broadband Internet connection. The only service that we provide to you as the Freshtel internet phone service is to supply you with the Freshtel internet phone Software and a Freshtel internet phone number to give you the ability to use the Handset with your existing PC and its broadband Internet connection to make voice calls over the Internet. We do not provide you with any other telephone numbers, a telephone line, or any other telephone, communications or computer equipment needed to use the Freshtel internet phone service. |
| 6.2 | The Telephone Number allocated to you to use the Freshtel internet phone service cannot be transferred to another provider. |
| 6.3 | When we provide you with the Freshtel internet phone service, we will use the reasonable skill and care of a competent service provider, but we cannot guarantee that the Freshtel internet phone service will always be available or fault-free and cannot guarantee that it will be secure or free from viruses and other similar threats. We recommend that you protect your PC by the use of adequate internet security including a firewall and virus checker. Freshtel internet phone service is dependent on Providers and can be affected by things outside of our control. |
| 7 | Suspending your use of Freshtel internet phone voice over IP service |
| 7.1 | We may suspend your use of the Freshtel internet phone service immediately: (a) if we need to carry out repairs, maintenance or the introduction of new aspects to the Freshtel internet phone service (and we will try to restore the Freshtel internet phone service as soon as we can), (b) if we are told to by the Government, the emergency services or any other competent or lawful authority, (c) to protect you under paragraph 7.2, or (d) if any of the circumstances in paragraph 4.2 occurs. |
| 7.2 | Sometimes, it may appear to us that there is an unusual use of the Freshtel internet phone service (for example, the volume or destination of Calls increases significantly). If this does happen we may suspend the Freshtel internet phone service to protect you, for example to prevent you from using up your pre-paid Credit. We will only ever suspend Freshtel internet phone service like this in exceptional circumstances and will try to contact you beforehand (but this may not be possible). |
| 7.3 | Freshtel recommend that you retain the use of a standard fixed line telephone for emergency calls. |
| 8 | Your use of Freshtel internet phone service |
| 8.1 | You must use Freshtel internet phone service in accordance with these Terms & Conditions and any other reasonable instructions we give you. Whilst we provide the Freshtel internet phone service to you, you authorise us to act on your behalf in all dealings with any Provider (as applicable) with whom we consider it necessary or useful to deal with in connection with Freshtel internet phone service. |
| 8.2 | You must keep confidential all Passwords you have nominated in connection with your Account(s). We cannot disclose information about your Account to anyone until we are satisfied as to their identity, and they have correctly quoted the Password to us. |
| 8.3 | You may not, nor allow anyone else to, use the Freshtel internet phone service: (a) for any unlawful purpose, (b) to make a Call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services), (c) to breach the rights of any third party (for example, copyright), or (d) in any way which may damage or affect the operation or quality of Freshtel internet phone service, the Internet or any other telecommunications system (in particular computer viruses, worms and spam should not be distributed across the Freshtel internet phone service from or through any software or hardware you have connected to the Freshtel internet phone service). If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we may suffer as a result. |
| 8.4 | The Freshtel internet phone service is a service that is made available to you only for personal use and not for commercial or business purposes. If you do use the Freshtel internet phone service for business or commercial purposes in breach of these Terms & Conditions, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Freshtel internet phone service is faulty or cannot be used by them. |
| 8.5 | We (or our licensors) are the owners of all intellectual property rights in the Software. |
| 8.6 | We grant you a non-exclusive and non-transferable licence only to use the Freshtel internet phone Software in accordance with these Terms & Conditions. |
| 8.7 | You must ensure that your access to the Freshtel internet phone service is not illegal or prohibited by laws which apply to you. |
| 9 | Charges |
| 9.1 | The Charges for the Freshtel internet phone service are shown on the Call Rates page on our website. To use the Freshtel internet phone service we require you to register and then to top-up your Account with Credits if you wish to make chargeable Calls. |
| 9.2 | You can pay by any Bankcard, Mastercard or Visa credit card. We do not currently accept Visa Electron Cards. Your credit/debit cards will be encrypted to minimise the possibility of unauthorised access or disclosure. |
| 9.3 | Calls to other Freshtel internet phone numbers are free. Other Calls are chargeable. Prices may be subject to change so please visit the Call Rates page on our website for up to date pricing. Prices include VAT where applicable (depending on the geographical location of the address registered with your Account). |
| 9.4 | Your Online Call Log will show what Calls have been made through your Account and the applicable Charges (which are shown including VAT). We do not supply an additional VAT invoice. If you require a summary VAT invoice you can download this as a pdf from our website. |
| 9.5 | Certain types of Calls and services are not provided by us as part of the Freshtel internet phone service. These include: (a) operator assistance, 1471, 1571, numbers used for flat-rate internet access (those starting with 0844 04 or 0808 99); and (b) Fixed line services including Call Waiting, Call Display, Call Sign, 3-way Calling, Call Divert, Reminder Call and Ring Back. Please note that this list of calls and services is subject to change. |
| 9.6 | Where you redeem a Freshtel internet phone voucher, you agree that you have no rights to refunds regarding any future transactions arising from the use of that voucher. |
| 10 | Access to emergency services |
| 10.1 | You can make calls to the emergency services within the UK using your Freshtel internet phone service. However the service will not operate if your broadband connection or the power supply fails. You should not therefore rely on it when making calls to the emergency services. If you do call the emergency services, they will identify your location as the address you provide us with - so it is important to provide the correct address and always keep it up to date otherwise your location is not identifiable to the emergency services. Because of the way the emergency services database is updated by our third party provider, it will take around a week for the emergency services database to show any new address you tell us. |
| 10.2 | To ensure access to emergency services during a power cut we recommend that you have in place a telephone that does not rely on a separate power supply (for example, a non-'DECT' phone, traditional landline and mobile). |
| 11 | Our responsibilities to you |
| 11.1 | We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence (or our agent's negligence), (b) fraud, (c) any liability under Part I of the Consumer Protection Act 1987, or (d) any of our liabilities that cannot by law be restricted. |
| 11.2 | We are responsible for direct losses you suffer as a result of us breaking this Service Agreement with you if the losses are a foreseeable consequence to both of us at the time you enter into this Service Agreement. Our liability shall not in any event include losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us (such as business losses such as loss of profits, wasted expense or loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting Customer Services. |
| 11.3 | Subject to paragraph 11.2, we will also not be responsible for any faults, damage or maintenance to your PC, modem/router or telephone line. You must contact your Internet Service Provider to deal with problems with your Internet connection or your fixed line provider for problems with your telephone line. If you do experience a problem with the Freshtel internet phone service you should first telephone Customer Services. If the problem relates to another Provider we may suggest that you contact your Provider directly to resolve the problem. |
| 12 | The Internet and other events beyond our control |
| 12.1 | Internet Service Providers provide your Internet access and other Providers provide the public telephone network. Because of this, there may be times when the Freshtel internet phone service is unavailable. Unfortunately, this is beyond our control and there is nothing we can do to prevent this. |
| 12.2 | We shall not be responsible for any delay or failure to provide the Freshtel internet phone service for reasons beyond our reasonable control, for example fire, explosion, lightning, storm, tempest, flood, earthquakes, riot and civil commotion, failure by a utility company, local authority or other such body, any failure or shortage of fuel or transport, war, civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute. |
| 13 | General provisions |
| 13.1 | You may not transfer any of your rights or responsibilities under these Terms & Conditions to anyone else without obtaining our consent. We can transfer all or any part of our service with you at any time provided the service you receive is not significantly reduced. |
| 13.2 | If at any time we do not require you to comply with these Terms & Conditions, this does not prevent us from asking you to at a later time. |
| 13.3 | If any part of these Terms & Conditions is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of the Terms & Conditions, which shall remain in force. |
| 13.4 | Any notices or communications that you send to us will be sent to Customer Services. Any notices or communications that we send to you must be sent to the email address you registered with us. |
| 13.5 | A person who is not a party to your Service Agreement with us has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any part of this Service Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. |
| 13.6 | English law applies to your Service Agreement with us, and any disputes about this Service Agreement will be decided exclusively within the English courts. |
| 14 | Complaints |
| 14.1 | We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact Customer Services. |
| 15 | Contact us |
| 15.1 |
You can contact us in any of the following ways: By email: support@freshtelinternetphone.co.uk By letter: Freshtel internet phone, PO Box 437 Stevenage, SG1 9GD |
| 16 | Meaning of certain words |
| Account(s) | the account designation issued by us to you which (together with your Password) allows you to access the Freshtel internet phone service; |
| Call Rates | the list of Charges current at the time you use the Freshtel internet phone service as published by us from time to time; |
| Calls | calls made using the Freshtel internet phone Software or Freshtel internet phone Handset; |
| Charges | the charges which you have to pay for the Freshtel internet phone service set out in the Call Rates; |
| Credit | credit paid to your Account, either by voucher, credit or debit card, or any other means approved by us; |
| Handset | the Freshtel internet phone handset provided to be used in conjunction with the Software to make Calls; |
| Internet Service Provider or other Provider | any person(s) operating the telecommunications and Internet software and hardware infrastructure over which we provide the Freshtel internet phone service; |
| Online Call Log | the online record of Calls made using your Account; |
| Service Agreement | the agreement between you and us made up of the following: the Terms & Conditions and the Call Rates; |
| Software | the Internet telephone software and associated materials licensed by us to you to access the Freshtel internet phone service; |
| Telephone Number | the telephone number allocated to you for use with your Account; |
| Terms & Conditions | these Terms & Conditions, as updated from time to time; |
| Freshtel group | other companies in our group of companies, including Freshtel Personal Finance and Freshtel Mobile; |
| we or us | Freshtel UK Limited (or our agent), whose registered office is at Freshtel UK Limited, 2nd Floor, 1 Meadway Court, Meadway Technology Park, Gunnels Wood Road, Stevenage, Herts, SG1 2EF; |
| you | you, the customer who agrees to these Terms & Conditions, including any person we reasonably believe is acting with your authority or knowledge. |