By registering with Callagenix Limited. the User agrees to the following Terms & Conditions of Service.
Users who have not purchased a service are only bound by the relevant terms and conditions applicable to becoming a Callagenix Ltd. user and testing the services.
Callagenix Ltd. Services are owned and operated by Callagenix Ltd, and are provided to business users under the 'Terms & Conditions' herein. Unless otherwise agreed, Callagenix Ltd. may at any time modify the 'Terms & Conditions' without any prior notice. Any such changes will be displayed on the Callagenix Ltd. website at URL www.callagenix.com or any subsequent URL as Callagenix Ltd. may determine. Your continued use of the Service (as defined below) thereafter will constitute acceptance of such changes. The 'Terms & Conditions' and the User's registration information are the complete agreement between the User and Callagenix Ltd. regarding this Service, and supersede any other prior agreements or communications between Callagenix Ltd. and the User.
"Service", shall mean the Services provided by Callagenix Ltd. under this agreement which are more particularly set out under the page headings Callagenix Ltd. Services on the Callagenix Ltd web site and the Testing Service.
'User', shall mean a person who has been through Registration and has been accepted as a User by Callagenix Ltd
'Registration/Register', This means the process ofapplying for A User Account with Callagenix Ltd. and agreeing to these terms and conditions.
'Account Operating Balance', This displays the current status of funds you have in your User Account to purchase the rental of the service, telephone numbers and any call minutes you may use.
'Operating Vouchers', This is the means by which you add funds to your Account Operating Balance by purchasing vouchers with a credit card, bank transfer or direct debit.
'Automatic Operating Voucher', This is an automatic means by which (if selected) additional Operating Vouchers are purchased when your Account Operating Balance falls below a pre-determined level.
'Resellers', shall mean the person, persons or organisations introducing Users to the Service.
'Network Provider', shall mean the company or organisation delivering your existing telephone service, e.g. BT.
'PSA - Phone-paid Services Authority' Previously known as PhonePayPlus, and before that known as the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS) is the Premium Rate Phone Services regulator for the United Kingdom.
'Charges', means the charges in respect of the Services, including telephone numbers
'Rental Period', means the duration for which a service including the telephone number is hired and as indicated by the User when ordering operating vouchers to pay for Services;
'User Account', an account set up by Callagenix Ltd from which User pays for Services.
'Testing Service', means the free trial of Services which the User can undertake prior to purchasing Services and as further detailed below;
All telephone numbers provided by Callagenix Ltd. are rented to the User for their sole dedicated use for their selected Service, for the duration of the Rental Period as selected and paid for by the User, with the exception of: Users who participate in the Testing Service Callagenix Ltd. When there are insufficient funds to cover the service rental charges the service will stop and the Users Telephone number will be suspended for a period of 30 days after which time the numbers will be quarantined for a period of 12 months when they will become available for re-use by another user. Users who wish to reuse suspended or quarantined telephone numbers must contact Callagenix support. A £10 reconnection charge may be applied for each number reconnected.
The network providers reserve the right to change telephone numbers as and when specified by OFCOM.
Users acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Callagenix Ltd., Users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the software, in whole or in part.
Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, or any benefits of being a Callagenix Ltd. User.
Users agree not to use the Service to transmit or receive any material which would contravene the laws of the United Kingdom (which, without prejudice to the generality of the foregoing, shall specifically include conduct contrary to the COMPUTER MISUSE ACT 1990 or the TELECOMMUNICATIONS ACT 1984, or the DATA PROTECTION ACT 1998, or the PHONE-PAID SERVICES AUTHORITY code of practice or the lawful requirements of any existing or future regulatory body. ANY BREACH OF THE ABOVE WILL RESULT IN THE TERMINATION OF ALL CALLAGENIX LIMITED SERVICES TOGETHER WITH USER ACCOUNTS AND MAY AS A CONSEQUENCE RESULT IN CRIMINAL PROSECUTION.
USERS EXPRESSLY UNDERSTAND AND AGREE THAT CALLAGENIX LIMITED OR ANY OF ITS SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALLAGENIX LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SERVICE. (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (ii)ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE. (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF CALLAGENIX LIMITED OR ANY OF ITS SUBSIDIARIES UNDER ANY OR ALL CLAIMS BY A USER SHALL BE THE AMOUNT OF FEES CHARGED BY CALLAGENIX TO THE USER OR USER'S ACCOUNT WITHIN THE 6 MONTHS PREVIOUS TO CALLAGENIX BEING NOTIFIED OF ANY CLAIM BY THE USER.
All notices to you will be made via email to your email address in your user account or by posting on the User Login screen. Callagenix Ltd. may also provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices on the Callagenix Ltd. Web site.
Users agree that they will not use the Service for any illegal purpose, for the transmission of information that is libellous, unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, obscene, pornographic, or infringes a third party's rights nor will they use the Service in any way that may infringe a third party's rights, the laws governing, but not exhaustively covering, copyright, intellectual property rights, trademarks, pornography, or any other material that is slanderous, defamatory or might cause offence in any way. Nor will the User use the Services in any which may breach the PHONE-PAID SERVICES AUTHORITY or OFCOM rules and regulations.
Users agree that they will not use the Service in such a manner that is inconsistent with these Terms & Conditions or engage in any action that might be considered System abuse in the opinion of Callagenix Ltd.; these include but are not limited to:
1. Attempting to take unfair advantage in terms of the Services offered by redirecting calls to unapproved destinations, unauthorised access attempts or artificial inflation of call traffic.
2. Attempting to circumvent Codes, User authentication or security of any host, network, or User Account on Callagenix Ltd. or its authorised partners systems.
3. Attempting, in any way, to interfere with, cancel or deny Service to any other Callagenix Ltd. Users or resellers.
The User accepts responsibility for the following;
Users agree to provide true, accurate, correct and complete information, which Users are required to provide when Registering as a User and to amend such User details immediately that there are any changes to such information. Users agree not to impersonate any other person or entity or to use a false name or a name that the User is not authorised to use. If the User is accepted, they will be forwarded a user name and password to the email address specified in the Registration process. The User is allowed to select a user name of their choice, although Callagenix Ltd. reserves the right to modify such or provide the User with a user name of Callagenix Ltd. choice if, in its sole opinion, such user name infringes or violates the rights of any person or third party or is defamatory, offensive or is in any other way improper or inappropriate. Callagenix Ltd. reserves the right to terminate the Services and the User's Account if any information provided by the User in the Registration process is untrue, inaccurate or out-of-date. When using the Service Users have sole responsibility for maintaining the security and confidentiality of all passwords, User names, PIN numbers or security access codes ("the Codes").Users accept total responsibility for these Codes and for any consequence of these Codes being divulged. Users are also obliged to pay the applicable charges for calls to help line and any charges for changing the Codes. Failure to do so will be considered a breach of these Terms & Conditions.
Callagenix Ltd. reserves the right to decline application to Register as a User of the Service, in its sole discretion.
Callagenix Ltd. does not claim ownership of the content placed on any of its Services created by a User. By submitting content to Callagenix Ltd. for inclusion in its Services, the User grants Callagenix Ltd. the world-wide, royalty-free, and non-exclusive licence to reproduce, modify, adapt and publish the content solely for the purpose of running and promoting the User's Service.
Users acknowledge that Callagenix Ltd. does not pre-screen content, but that Callagenix Ltd. and its operators shall have the right (but not the obligation) at their sole discretion to refuse to accept or remove any content that is available via the Service. Without limiting the foregoing, Callagenix Ltd. and its operators shall have the right to remove any content that violates the Terms & Conditions, or is otherwise objectionable to Callagenix Ltd.
For standard UK services and numbers users may, on 30 days notice to Callagenix Ltd, terminate their User Account with Callagenix Ltd. at any time. In the case of User Accounts with International numbers, there is a 3 to 12 month cancellation notice period.
Callagenix Ltd may immediately terminate User Accounts and Services at any time in the event that a User breaches any of these Terms & Conditions. In the event that a User Account is terminated for breaching these Terms & Conditions; Callagenix Ltd. will give no refund of Charges or call revenue accrued in the operating balance. Callagenix Ltd. may also, at its sole discretion, and, at any time, discontinue the provision of any of its Services or any part thereof, with or without notice. Callagenix Ltd. reserves the right to terminate a User Account or Services without notice in the event of a failed, returned or rejected payment by the user or if a User's card issuer seeks return of payments previously made to Callagenix Ltd. or any of its agents, affiliates or resellers, when Callagenix Ltd. in good faith believes Users are liable for the Charges. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Callagenix Ltd. All Charges due to Callagenix Ltd. must be paid in full by your card issuer immediately on presentation by Callagenix Ltd.
If a User's User Account is terminated for any reason, Users can only be reRegistered at the sole discretion of Callagenix Ltd. To be reRegistered, you must complete the full Registration process and agree to abide by the applicable Terms & Conditions, including full payment of any Charges.
In order for Users to gain access to, select, modify, test, and activate any of the Services the User must first Register with Callagenix Ltd. and become a User. CALLAGENIX LIMITED DOES NOT CHARGE USERS FOR THE TESTINGSERVICES. USERS ARE ONLY CHARGED FOR TELEPHONE NUMBERS AND SERVICES THEY HAVE COMMITTED TO PURCHASE.
Callagenix Ltd. provides Users with the facility to 'test' their selected Service prior to committing and paying for their own dedicated Service. Users can perform as many tests as they wish providing they comply with these Terms & Conditions and it will only cost them the price of a national rate telephone call (at whatever rate per minute you pay to your network provider) if calling within the UK, or at whatever rates they pay if calling internationally. The Testing Service is provided for TEST purposes only and must not be used for or assumed for a User's dedicated or commercial use. ANY USER FOUND IN THE OPINION OF CALLAGENIX LIMITED OR ITS AUTHORISED RESELLERS ABUSING THE TESTING SERVICE WILL HAVE THEIR USER ACCOUNT TERMINATED IMMEDIATELY.
Callagenix shall provide the Service and Callagenix web site to the Customer subject to availability and shall exercise all due care in the provision and maintenance of the Service to provide high quality and reliability
Numbers operating on Callagenix Basic Services constitute straight route options only. This means that there is a single translation of a telephone number being forwarded directly to a target number .The service will not provide any Intelligent Routing Services such as voicemail, messaging, call queuing etc. but will act exactly as though the caller has dialled the target number directly. Basic Service Numbers incurring a charge and operating on a Callagenix User account are charged in advance to the User at a fixed charge for a set number of minutes (as described in the Callagenix price list).Minutes used over the allocated amount will be charged at an 'over bundle' rate (as described in the Callagenix price list).The allocated number of minutes must be utilised within the timeframe defined within the Callagenix Price List. Users operating a Callagenix Standard Routing Service number must setup and retain a continuous billing authority with Callagenix (either Direct Debit or Credit/Debit Card authorisation) and agree to Callagenix automatically claiming the relevant payment(s) for the Callagenix Standard Routing Services via the defined billing authority. Failure to maintain a continuous billing authority may result in suspension of or termination of the service but will not release the User from their obligations under the minimum contract period. Should the User wish to reconnect their Standard Routing Service number following suspension or cancellation then a reconnection fee of £25 plus VAT will become payable.
Callagenix Advanced Services comprise all services that are not Basic Services and which are funded directly from the User Account Operating Balance. Depending on the type of number being used with these services, funds may be accrued into or debited from the Operating Balance. It is the responsibility of the User to ensure that the Operating Balance is maintained at a suitable level to support the services operating on the account. Should the Operating Balance fall below this level then numbers will be suspended automatically by the system.
Funds can be added to the Operating Balance by purchasing Operating Balance vouchers. The amounts and costs of the vouchers are described within the Callagenix price list. Where applicable, VAT will be added to the cost of the voucher. The Operating Balance figure is always shown exclusive of VAT.
Users operating Callagenix advanced inclusive packages pay a monthly fee in advance for the collection of services, equipment , numbers and calls relevant to the package they choose. The monthly fee covers all charges except the additional cost of calls greater than 30 minutes and calls to numbers beginning 09, 084, 087, 070 and any international destinations where the call cost is shown in the Callagenix price list as greater than 8p per minute. Calls to these destinations will be allowed (unless otherwise directed) but will be charged additionally at the rates described in the Callagenix price list.
Users operating a Callagenix advanced inclusive package must setup and retain a continuous billing authority with Callagenix (either Direct Debit or Credit/Debit Card authorisation) and agree to Callagenix automatically claiming the relevant payment(s) for the package via the defined billing authority. Failure to maintain a continuous billing authority may result in suspension of or termination of the package but will not release the User from their obligations under the minimum contract period. Should the User wish to reconnect their advanced inclusive package following suspension or cancellation then a reconnection fee of £25 plus VAT will become payable.
All equipment and telephone lines supplied to Users as part of a Callagenix Advanced Inclusive Service remains the property of Callagenix Ltd and the user accepts their obligation to return to Callagenix Ltd such equipment in good working order immediately following the termination of the Advanced inclusive Package.
The Advanced Inclusive Packages are intended and priced for general business users and are not designed for call centres. Should Callagenix become aware that a User operating an Advanced Inclusive Package is a call centre then Callagenix reserve the right immediately and without notice to increase the cost of the monthly charge to the User, limit the number of calls and call time allowed or terminate the package at Callagenix Ltd's sole discretion. A User will be defined as a call centre user if they average more than 50 calls per working day per user.
Users Services will only be activated once a User has confirmed acceptance of the Service, all Charges have been paid in full, and these Terms and Conditions have been agreed to. Callagenix Ltd. will notify Users, by email, to the address given on Registration when a User's Account Operating Balance has reached a level which is approximately equivalent to 20% of the value of the last Operating Voucher purchased by the User. The User should top up their account Operating Balance by purchasing an Operating Balance Voucher before the Account runs out of funds. If the User's account has an insufficient Account Operating Balance to complete a call, the Services will be suspended until the Account Operating Balance is back to a sufficient level.
When setting up a Callagenix Standard Routing Service number, the User agrees to pay for the number for a minimum term of 12 months following the provision of the number. Following the initial 12 month period Users may terminate their number providing not less than 1 months notice via email to Callagenix (sent from the Users registered email address). If a User cancels their account or number after 30 days but within the initial 12 month period then they will remain liable for and agree to pay for the remainder of the initial 12 month period as if they had not cancelled their account or number.
There is no minimum term for running Callagenix Intelligent Routing Services except for services utilising International Regional, International Freephone, Universal International Freephone or Premium Rate (09x) numbers. In each case the minimum contract period is 12 months. Following the initial 12 month period Users may terminate their Intelligent Routing Service providing not less than 1 months notice via email to Callagenix (sent from the Users registered email address).If a User cancels their account or Intelligent Routing Service after 30 days but within the initial 12 month period then they will remain liable for and agree to pay for the remainder of the initial 12 month period as if they had not cancelled their account or Intelligent Routing Service.
When setting up a Callagenix Advanced Inclusive Package, the Users agrees to pay for the package for a minimum term of 24 months following the provision of the package. Following the initial 24 month period Users may terminate their package providing not less than 1 months notice via email to Callagenix (sent from the Users registered email address).If a User cancels their account or package after 30 days but within the initial 24 month period then they will remain liable for and agree to pay for the remainder of the initial 24 month period as if they had not cancelled their account or package.
Should the User purchase a Gold, Silver or Bronze number from Callagenix then the User accepts that these numbers have been provided to the User on a discounted basis on the proviso that the User retains a service from Callagenix on any such number for a minimum period of two years. Should the User wish to port that number to an alternative provider within the two year period then the user agrees to pay a fee to Callagenix equal to three times the initial fee for the number if the number is ported within 1 year of the initial purchase or twice the initial fee if the number is requested to be ported between 12 months and 24 months of the initial purchase.
Callagenix Ltd. reserves the right at any time to suspend, modify or discontinue the Services (or any part thereof) including, without limitation, for maintenance or regulatory purposes or any other purpose without incurring any liability or obligation to you or to any third party. All reasonable efforts will be made to minimise stoppages or suspensions.
Where in the first two full calendar months of use, or any subsequent two full calendar months, the User has not received at least one call on their premium rate number ("Minimum Use") Callagenix Ltd. may 10 days after the end of the two months in which the Minimum Use was not achieved, take back the allocated number, at which point the User's entitlement to use the Service shall immediately cease. Any number(s) taken back under this clause may be made available for other Users after a further 1-month period. Users agree to abide in full with all conditions as set out in the PHONE-PAID SERVICES AUTHORITY code of practice concerning premium rate services. Callagenix Ltd. and its authorised resellers reserve the right to cancel, suspend, withhold revenues, modify or refuse Users Services in part or whole and without any refunds of Charges from their User Account with Callagenix Ltd. if they violate the PHONE-PAID SERVICES AUTHORITY code of practice and or Callagenix Ltd. Terms and Conditions.
The User must ensure that the Operating Balance of their account remains in credit as all services are funded from this balance. Should the Operating Balance fall below the level necessary to pay for services or numbers then the respective services or numbers will automatically be suspended until further funds are added to the Operating Balance. Callagenix will send out warning emails requesting payment when the Operating balance falls below a preset level. This level can be set to a customer defined level. Callagenix suggest a figure that would equate to 1-2 weeks of usage to ensure sufficient funds to continue the services. Should numbers be suspended from a User account then the User must request reactivation of those numbers by contacting Callagenix Support. A number reconnection fee is payable in this instance of £10 per number (exclusive of VAT).
Payment for Callagenix Ltd. Services must be made using either bank transfer, direct debit or the User's own credit or debit card, details of which must be submitted in the payment section of the web site when completing your Services set-up. No Services will become active until payment authorisation in full has been completed.
Callagenix operate a minimum payment policy on their Advanced Services of £25 for credit/debit card and direct debit payments, £100 on bank transfer and £500 on moneygram payments (all amounts detailed exclusive of VAT) .Payments made under this amount will incur a payment processing charge of £5 plus VAT. These charges do not apply to Standard routing numbers as these will always be collected on direct debit or credit card and may be less than the minimums described herein.
Callagenix Ltd will make the following charges in the event of failed payments:
Direct Debit - If the direct debit mandate is cancelled or if collection fails for reason of insufficient funds then a fee of £25 per failed collection attempt will be applied to the Users account and will be deducted from the Operating balance if sufficient funds are available. If the Direct debit was for the purchase of an operating voucher then the amount of the Operating Voucher will be removed from the Account Operating Balance.
Debit/Credit Card - No charge will be levied against the Users account for the failure of a credit or debit card payment but should the account run out of funds then reconnection fees of £10 per number will apply. In the event that a chargeback is received against a card transaction on a user account then Callagenix will apply a fee of £25 plus VAT for each chargeback received to the account and remove the funds of the affected transactions from the account operating balance. Callagenix will also immediately suspend all numbers and services on the account. For the avoidance of doubt, this action will not relieve the User from its obligations under these terms and conditions.
Callagenix Ltd accepts VISA and MASTERCARD credit cards and Switch and JCB debit cards and will appear on a statement as 'CALLAGENIX LIMITED'.
Callagenix Ltd do not store credit card details nor do we share customer details with any 3rd parties, other than required by regulatory bodies or required explicity for the provsion of the User services.
1. Payments for services that are unused and cancelled within 30 days are entitled to a full refund. An account that has either used services that are subsequently cancelled or requests a refund outside of the first 30 days may be provided with a partial refund at the sole discretion of Callagenix Ltd after taking into account any cancellation or other relevant charges. It should be noted however that there is no obligation on Callagenix Ltd to provide any form of refund outside of those for accounts and services that are unused and cancelled within 30 days of payment being credited to the account.
2. Requests for refunds should be sent as an email to the Support Team support@callagenix.com where they will be endeavoured to be dealt with within 10 working days. All requests for a refund will be considered on their merits, so please ensure you submit all relevant information and copies of correspondence and other documents when making your request.
3. Where the User has terminated the agreement with us, then the particular provisions relating to the User's liability on termination will apply.
Once a User's Service has been successfully connected to the Users telephone number, all Charges applied are non-refundable. Any Operating vouchers purchased either by the User directly or via an auto-voucher are non-refundable unless covered by Point 1 of this refund policy. Operating Balances remaining once Services and charges have ceased will remain on the Users account for re-use at any time within the following 12 months. Callagenix does not specifically hold the operating balances in a separated bank account, but any monies held are accounted for individually against each operating balance for the sole purpose of provision of the Services by Callagenix or its successors.
TARIFFS
The full list of Tariffs and Charges are available via the Pricing page at:
http://www.callagenix.com/pricing and
http://www.callagenix.com/pricing/payment-options
Users operating Callagenix Ltd. Premium Rate Services or 084x and 087x numbers that qualify for revenue outpayments will receive a percentage or an amount as specified of total revenues for their Premium Rate Services and 0870 and 0871 paid to Callagenix Ltd. by the network provider. All revenues accrued and awaiting payment from the network provider are added into the Operating Balance of Users accounts. When Callagenix have received payments from the network provider they will be automatically paid to the Users nominated bank account (less any charges) within 30 days from Callagenix Ltd receiving the revenues. VAT will be added to any payments if the User is VAT registered and has agreed to VAT Self Billing.
Callagenix Ltd shall not be liable in any way for loss, damage or delay consequent upon any circumstances beyond its reasonable control. This Agreement together with any documents referred to in this Agreement sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (oral or written) in respect of the subject matter of this Agreement.
User acknowledges that it has entered into this Agreement in reliance only on the representations, warranties promises and terms contained in this Agreement and, save as expressly set out in this Agreement, Callagenix Ltd shall have no liability in respect of any other representation, warranty or promise made prior to the date of this Agreement unless it was made fraudulently.
To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of this Agreement, it shall not affect the enforceability of the remainder of this Agreement nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
Callagenix may assign any or all of its rights and obligations under this agreement at any time to any person or party without notice to or agreement from the account holder or User. The User may assign any or all of its rights and obligations under this agreement at any time to any person or party who is also a registered User of the Callagenix services. In order to effect such a transfer, the User should notify Callagenix of such an intended transfer by providing no less than 10 working days notice.
This Agreement shall be governed by and construed in accordance with English law.
Each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts of England.