Terms And Conditions

1. DEFINITIONS

Words and expressions, which appear in these terms and conditions, have the following meanings where the context allows:

"Account" means the record of all charges due from the Customer.

"Agreement" means these terms and conditions in respect of the Services.

"Charges" means the connection fee, service charges, call charges, compensation fee and any other charges made payable by a Customer in respect of the Services shown in the Price List or otherwise incurred under this Agreement.

"Customer" means the party named as the customer on the service application form.

"Order" means the Customer's order for the Services.

"Price List" means Ezereach's published list of Charges current at the time the charge is incurred, which list may change from time to time and is available upon request from Ezereach. Such Price List is agreed to be the specific financial annex to these terms and conditions for a specific type or types of services.

"Services" means the provision of those Telephone Numbers, telecommunication, messaging, data or World Wide Web system by which the Services are made available and any telecommunications, messaging, data or World Wide Web system operated by Ezereach.

"Telecommunications Network" means the public telecommunications system by which the Services are made available and any telecommunications system operated by Ezereach, or any telecommunications system operator.

"Telephone Number" means the telephone number allocated to a Customer, which enables access to the Services.

"Ezereach" means Ezereach who is owned and operated by Via-Vox Limited whose registered office is at Vectra House, 36 Paradise Road, Richmond, Surrey TW9 1SE (registered in England and Wales under registration number 0464978) and includes its permitted assigns.

Where the context allows references to Acts of Parliament include amending legislation, instruments and regulations made from time to time.

2. AGREEMENT

The parties to this Agreement are Ezereach (on its own behalf) and the Customer.

Each of the Services is provided for a minimum term of 1 month from the date of its connection (Connection effective date the day immediately after any agreed free trial not exceeding one month and subject to earlier termination by Ezereach in accordance with the remaining provisions of this Section 2 or Section 7 below). The Services may initially supplied to the Customer as a package but if Ezereach ceases to supply or suspends the supply of any individual Service, or in the event of a new Service being supplied, these terms and conditions will continue to apply to any remaining or new Services unless Ezereach advises the Customer otherwise in writing.

If the Customer wishes to terminate any Services at least 1 month prior written notice must be given to Ezereach. In addition to the provisions of Section 7 below, Ezereach may terminate any of the Services on the giving of at least one month's prior written notice to the Customer to expire at any time. In any case no refunds of any part of the Charge for Services provided or intended to be provided hereunder will be permitted.

Ezereach reserves the right to impose at any time a monthly financial limit for any Charges, and may require a prepayment. If a prepayment is required by Ezereach , it is the responsibility of the Customer to ensure that such a prepayment covers accrued calls, if applicable, and any other Charges remaining unpaid from time to time, whether invoiced or not. The Customer may increase the prepayment at any time. Information as to the usage is available upon request, but any guidance or information given in that or any other regard is without acceptance of responsibility or expectation that any person will rely on it.

3. PROVISION OF SERVICES

Ezereach has Agreements with telecommunications system operators whereby the operators supply Ezereach (subject to the terms of those Agreements) with the ability to make and receive telephone calls using the Telephone Number(s). Nothing in this Agreement constitutes a transfer or purported transfer of any of those Agreements or any part of them. In circumstances where, under an Agreement with a telecommunications system operator, Ezereach has no rights in a telephone Number, the Customer is prohibited from selling or otherwise agreeing to transfer the Telephone Number to any other person and shall not try to do so. Further details of the situation in respect of any specific Telephone number will be provided to the Customer on request.

Ezereach may port any Telephone Number to another telecommunication system operator if and when it sees fit, where upon Ezereach may by notice make such reasonable changes to this Agreement as it reasonably considers being appropriate and the Customer shall be bound by terms of any changes so made.

Ezereach will make reasonable efforts to make the Services available at all times. However, the quality, nature and availability of the Services may be affected by factors outside Ezereach's control (and Ezereach shall have no liability in respect of losses, costs or inconvenience related to any such factors) which may include (without being limited to) fire, flood, land heave and subsidence, physical obstructions, atmospheric conditions, Acts of God, industrial action, default or failure of a third party, governmental action (including action of the Director General of Telecommunications or any competent authority) or faults in the Telecommunications Network. Ezereach shall have no liability to the Customer to the extent that the Services are unavailable or impaired by any such factors.

Ezereach will use its reasonable endeavours to implement any change to the telephone number to which your calls are being delivered within 3 working days from receipt of a written request from you.

In the event you incur costs in printing or advertising any telephone number and associated services allocated to you before such time as you have tested the telephone number and associated services and made a successful determination in terms of service availability and quality, that expenditure is at your own risk, and we will not be liable for any losses resulting from difficulties and delays subsequently incurred.

The Customer shall not use the Services:

For any improper or fraudulent use or the transmission of any material which is or is intended to be a nuisance call to emergency services or others, or is defamatory, offensive, abusive, obscene, indecent or menacing character, or in any manner that will or may constitute a criminal act or violation or infringement of ant statutory or common law duty or obligation in contract to any third party (whether or not the Customer has been made specifically aware of the same) or in any way which will or may injure or damage any persons or property or cause the quality of the Services to be impaired.

The Customer shall notify Ezereach in writing of any period in which (and the extent to which) any Telephone Number is likely to receive quantities of simultaneous calls that exceed the threshold for that Telephone Number, such notice will be given sufficiently in advance to enable Ezereach (without undue haste) to notify the relevant telecommunication system operator pursuant to the terms of Ezereach's Agreement with that operator. The Customer will give us not less than 30 days written notice prior to television or other mass market advertising of the telephone number and associated service allocated to you, and provide us with a forecast of the expected number of calls/traffic. We shall use reasonable endeavours to route the forecast calls/traffic in full but we shall not be liable for any failure to route the calls/traffic to you or your designated service provider.

4. COSTS

The Customer shall be liable for all charges for the Services. VAT (and any other applicable taxes) shall be added to all bills at the relevant rate where applicable. The price of making calls to a Telephone Number is determined by telecommunications systems operators and will be subject to changes in cost and rate at any time without notice.

Full payment is due from the Customer monthly (or in agreed cases, annually) in advance. Ezereach shall be entitled to take all sums payable under this Agreement by credit/debit card, bank direct debit/standing order or deduction from prepayment on or around the due date.

If we have reason to believe any amount due from you may not be paid, or if your call or service usage in any month is materially greater than any bill previously paid to us by you, we may ask for a reasonable deposit to be used as security.

The Customer also agrees with Ezereach that, as additional consideration for Ezereach agreeing to enter into this Agreement, Ezereach shall be entitled to take all sums payable to it, under any other Agreement Ezereach may have with the Customer on or around the respective due dates there-under. If full payment is not made within 7 days of the due date (or, if prior to the end of such period, a direct debit or other payment means request is presented by Ezereach has been returned unpaid) Ezereach may, without prejudice to any rights it may have, immediately suspend the Services pursuant to Section 6 below, or terminate this Agreement pursuant to Section 7 below, and in either case charge interest on all sums outstanding at a rate of 5% above the base rate of HSBC Bank plc from time to time, accruing daily from the due date to the date of actual payment (whether before or after judgment).

In respect of all payments to be made by the Customer under or pursuant to this Agreement, time shall be of the essence. The Customer also agrees with Ezereach that, as an additional consideration for Ezereach agreeing to enter into this Agreement, time shall be of the essence in respect of all payments to be made by the Customer under or pursuant to all other Agreements between the Customer and Ezereach . If a Customer wishes to dispute the correct amount of any Charges, such dispute must be notified in writing to Ezereach within 10 days of the date of the bill (if appropriate), failing which the Customer shall be deemed to have accepted the correctness of the Charges. The existence of any such dispute shall not limit the obligation of the Customer to pay the full amount of Charges shown on the relevant bill (if appropriate) in accordance with the remaining provisions of this Agreement, and failure by the Customer to pay the full amount of such charges (including the disputed amount) ''when due shall result in suspension of Services in accordance with Section 6 below, or termination of this Agreement in accordance with Section 7 below. If the Customer's dispute is subsequently upheld the relevant sums shall be refunded to the Customer, or offset against any other accrued but unpaid Charges, as Ezereach considers appropriate.

Ezereach reserves the right to increase or decrease its charges and or introduce new charges from time to time.

Initial Invoices will be provided free upon request. Subsequent copy invoices will only be available upon written request and will be subject to a £5.00 administration fee.

5. Cancellation

Should you wish to cancel your account at any time you are free to do so by giving written notice to Via-Vox Limited 1st Floor, Vectra House 36 Paradise Road Richmond Surrey TW9 1SE or via the cancellation process at the user page, throughout the term of your contract. The cancellation will be effective at the end of the month that we receive the request, the regular monthly payment may be taken.

6. Ezereach's LIABILITY

Ezereach warrants that it will provide the Services using reasonable care and skill, but gives no other warranty under this Agreement or otherwise and all other statutory, express or implied terms; conditions or warranties are negated and excluded to the fullest extent permitted by law. Ezereach accepts liability without limitation for death or personal injury resulting from its negligence and, where the Customer is the consumer (as defined in Section 12, Unfair Contract Terms Act 1977) for any breach by it of any obligation implied by statute to use reasonable skill and care in the provision of Services. Ezereach accepts liability up to a maximum of '500.00 for direct physical damage to or a loss of property resulting from its negligence.

In the unlikely event of a need to change the telephone number allocated to you or the necessity to transfer to another network operator or carrier, we will provide you with as much information as practicable in a timely manner. In such unlikely circumstances Ezereach accepts liability only for the direct costs associated with effecting such changes with the network operator/carrier.

The Customer acknowledges that Ezereach cannot reasonably foresee the consequences to the Customer of any difficulties in the use or operation of the Services and therefore the Customer agrees that the preceding provisions of this Section 5 specify Ezereach 's entire liability to the Customer (including, without limiting the foregoing, liability for negligence or any other tort, or in contract, or breach of warranty, or on the basis of strict liability). Except as provided above, Ezereach shall not be liable for any loss, damage or injury suffered or incurred by the Customer whatsoever direct or indirect consequential or contingent, and whether foreseeable or not. Without limiting the foregoing Ezereach shall not be liable for any financial loss, loss of business or loss of goodwill. The Customer shall notify Ezereach of any claim as soon as reasonably practicable and, in particular within 10 days of suffering any alleged physical damage to or loss of property. The Customer shall fully co-operate with Ezereach and provide all information required by Ezereach to consider any claim. Ezereach will not be liable to the Customer for any failure to comply with its obligations under this Agreement to the extent that such liability arises as a result of the failure by the Customer to fulfil its obligations under this Agreement.

7. SUSPENSION OF SERVICES

Ezereach may suspend the Services in whole or in part (including the making available of any telephone numbers) at any time without notice (without being liable to compensate the Customer in any way) If : the telecommunications network, or any part of it breaks down, or requires modification or maintenance, or the Customer fails to make payment of any sum due to Ezereach by the due date for payment thereof (or a direct debit or other means of payment is returned unpaid) as referred to in Section 4 above, or the Customer is in breach of terms of this Agreement, or any other Agreement with Ezereach , or exceeds (or is reasonably believed by Ezereach to have exceeded) any financial or time limit imposed under this Agreement, or Ezereach has reasonable grounds to believe that any information provided by the Customer in the order is false, or that the Customer is about to breach the terms of this Agreement or any other Agreement between the Customer and Ezereach or we have reason to believe that any amount due from the customer may not be paid.

Ezereach considers in its absolute discretion that the Customer may be unable to pay its debts as they fall due or the Customer acts in such a way that in the reasonable opinion of Ezereach the operation of the Services or any part of the telecommunications network may be jeopardised or impaired. The Customer remains liable for any charges incurred during any period of suspension. Ezereach reserves the right to make any charge for resuming services following a suspension and to apply different terms as a condition thereof, except only in circumstances where any part of the telecommunications network breaks down, or requires modification or maintenance.

The Customer also agrees with Ezereach that, as additional consideration for Ezereach agreeing to enter into this Agreement, if the Customer is in breach of the terms of this Agreement or of any other Agreement with Ezereach , Ezereach may suspend any Services provided under the terms of such other Agreement (including making available any Telephone Numbers there under) at any time without notice. The Customer shall indemnify Ezereach in respect of any claims, costs or legal fees suffered or incurred by Ezereach as a result of the Customers breach of any provision of this Agreement.

8. EARLY TERMINATION BY Ezereach

Ezereach may terminate this Agreement and the Customer also agrees with Ezereach that, as additional consideration for Ezereach agreeing to enter into this Agreement that Ezereach may terminate any other Agreement with the Customer in whole or in part immediately (without being liable to compensate the Customer in any way) by notice in writing if: the Customer fails to make payment of any sum due to Ezereach by the due date for payment thereof (or a direct debit or other payment request is returned unpaid) as referred to in Section 4 above or the Customer is otherwise in breach of any terms of this Agreement or any other Agreement with Ezereach and does not remedy the breach within 7 days of the date of a written notice specifying the breach, or Ezereach is entitled to suspend the Services in whole or in part in accordance with Section 6 above whether or not it has then done so, or the Customer makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or a petition or receiving order in bankruptcy is presented or made to or, if a limited company, a resolution is passed to wind up the Customer, or a winding up petition is presented in respect of the Customer or if an administrative receiver or administrator is appointed over the whole or any parts of the Customers assets or any similar event or, in respect of any such matters if Ezereach reasonably anticipates that any of them are imminent, or the Customer does not make material use of any of the services for a significant period or any license to run the services, whether issued under the Telecommunication Act 1984 or otherwise, is revoked, terminated or modified for any reason in whole or in part.

9. WHEN THE AGREEMENT ENDS

If the Customer terminates this Agreement or any other Agreement with Ezereach or Ezereach terminates this Agreement or any other Agreement with the Customer, the Customer agrees with Ezereach:

On Ezereach's own behalf that the Customer shall pay to Ezereach all charges under this Agreement (or by way of additional consideration for Ezereach agreeing to enter into this Agreement, or charges under any other Agreement with Ezereach ) relating to the period up to and including the date of termination (including any notice or initial contract period) within 7 days of the date of termination and Ezereach shall be entitled to charge interest on all sums outstanding after such a time at a rate of 5% above the base rate of HSBC Bank Plc from time to time, accruing daily from the due date to the date of actual payment (whether before or after judgment). Prepaid services will not be subject to refunds of any part of the Charge under any circumstances, including any permitted rollovers of services, credits or minutes.

The customer will no longer be entitled to use any number or associated services. Any allocated numbers will be disconnected.

10. GENERAL

The Agreement is the complete and exclusive statement of the Agreement between Ezereach and the Customer for messaging services. It supercedes all understandings or prior arrangement whether oral or written and all representations or other communication between the Customer and Ezereach in this regard. Ezereach may amend the Terms and conditions of this Agreement if Ezereach reasonably considers that changes to legislation, statutory instruments or other governmental regulations or license or commercial considerations make it desirable to do so and the Customer shall be bound by the terms of any amendments so made.

No revenue sharing with the Customer is permitted under the terms of this Agreement under any circumstances.

The Customer may not assign or try to assign any or all of its rights or obligations under this Agreement but the Customer hereby consents to Ezereach assigning any or all of its rights and obligations without further consent of the Customer.

The Customer agrees that we may disclose to any telecommunications company, debt collection agency, credit reference agency, security agency, or financial institution, any information relating to this Agreement and the account.

A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which may exist or be available apart from the Act.

For our joint protection, calls to Ezereach's Customer Service Centre may be recorded and/or monitored for training purposes and to ensure a high quality of service. The data controller in relation to any personal data which you supply is Ezereach Limited whose address is noted in section 1 herein. Information which you provide may be used for the purposes of providing you with training, recruitment and communication services. Ezereach, its related subsidiaries and agents may use your information to keep you informed by post, telephone, messaging, e-mail, text or other means about products and services which may be of interest to you. Your information may also be used for these purposes after you have ceased using the services of Ezereach. If you do not want information to be used for marketing purposes, you should write to the Data Protection Officer, Ezereach, PO Box 3841, Warwick,CV34 5ZJ

Ezereach will address all bills and any notices under this Agreement to the postal/email address shown on the registration form or such other address as is notified for this purpose.

The Customer shall immediately inform Ezereach of any change in its address any bill or notice from Ezereach will be deemed received or served within 48 hours of posting. No failure to exercise or delay in exercising on the part of Ezereach any rights under this Agreement (including in circumstances where time is of the essence) shall operate as a waiver of or otherwise in any way prejudice those rights except where such a waiver is given in writing. Any waiver given is limited to its specific circumstances and does not affect Ezereach's right under this Agreement in any other way. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies otherwise provided by law.

Ezereach reserves the right to make changes to these terms and conditions from time to time and or introduce new terms and conditions from time to time.

If at any time any term provision in this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of this Agreement, or of the term or provision, shall not be affected.

This Agreement shall be governed and construed in accordance with the laws of England it shall be subject to the jurisdiction of the English Courts the invalidity, unenforceability or illegality of any part of this Agreement shall not affect the validity or continuation enforces of the remainder of this Agreement.

11. PROCESSING OF PERSONAL INFORMATION AND PRIVACY POLICY

For information about our data protection practices, please read our Privacy Policy which can be viewed at www.ezereach.com/privacy. The Privacy Policy explains how we process your personal information and protect your privacy when you use our Services and submit your information or data to us.

This Privacy Policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data. Section 8 of the Privacy Policy provides information about the circumstances in which we may act as a data processor, rather than a data controller.

The Privacy Policy forms part of our Terms and Conditions of Service. By using our Website, you warrant, represent and undertake that all data provided by you is accurate, up to date and complete.