Callagenix Ltd. Terms & Conditions of Service

Version 1.5 - 26/03/01

By registering with Callagenix Ltd. 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.

ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS OF SERVICE

Callagenix Ltd. Services are owned and operated by Callagenix Ltd, and are provided to business users  under the 'Terms & Conditions' herein. 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. This agreement will commence when your credit card transaction to pay for the services is complete.

DEFINITIONS

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 of  applying for A User Account with Callagenix Ltd. and agreeing to these terms and conditions.

'Account Operating Balance'

“Uncleared Revenue Balance”

“Revenues Cleared 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.

This displays the amount of funds that you have accumulated from services running with a revenue generation telephone number.  Any revenues displayed will only be made available when the Network Operator has paid Callagenix.   In addition funds maybe withheld if the service is under investigation by ICSTIS.

This displays the amount of funds that have been cleared and are available to be paid into the Account Operating Balance or paid direct to the User.

'Operating Vouchers'

This is the means by which you add funds to your Account Operating Balance by purchasing vouchers with a credit card

'Automatic Operating Voucher'

This is an automatic means by which (if selected) additional Operating Vouchers are purchased when your Account Operating Balance reaches 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.

'ICSTIS'

is the Independent Committee for the Supervision of Standards of Telephone Information Services.

‘Charges’

means the charges in respect of the Services, including telephone numbers

‘Rental Period’

means the duration (charged daily) 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;

TELEPHONE NUMBERS

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 quarantined before being re-used by another user.   Users who wish to reuse quarantined telephone numbers must contact Callagenix support.

The network providers reserve the right to change telephone numbers as and when specified by OFTEL. 

PRIVACY STATEMENT

Callagenix Ltd. is committed to protecting a User’s privacy. It will only use the information that it collects about a User lawfully (in accordance with the Data Protection Act 1998).

Callagenix Ltd. collects information about Users for 2 reasons: firstly, to process your order and second, to provide you with the best possible Service.


Callagenix Ltd will give the User the chance to refuse any newsletters or emails from Callagenix Ltd or from another trader in the future.

Callagenix may use User’s information as part of any report or publication without revealing any personal information of the User

The type of information Callagenix Ltd may collect about Users includes:

·       User’s name

·       address

·       phone number

·       email address

·       credit/debit card details

Callagenix Ltd will never collect sensitive information about a User without User’s explicit consent.

The information Callagenix Ltd hold will be accurate and up to date. Users can check the information  held about them by emailing  support@callagenix.com If User finds any inaccuracies Callagenix will delete or correct error promptly.

The personal information that Callagenix Ltd hold will be held securely in accordance with Callagenix Ltd’s internal security policy. If Callagenix Ltd intends to transfer User’s information outside the EEA (European Economic Area) Callagenix Ltd will always obtain User’s consent first.

Callagenix Ltd may use technology to track the patterns of behaviour of visitors to the Callagenix Ltd web site. This can include using a 'cookie' which would be stored on a User’s browser. Users can usually modify their browsers to prevent this happening. The information collected in this way can be used to identify a User unless  browser settings are modified.

INDEMNITY

Users agree to indemnify and hold Callagenix Ltd., and its subsidiaries, resellers, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claim or demand, including all legal fees, made by any third party due to or arising out of User’s content on the Services, use of the Service by Users, connection to the Service by Users, User’s violation of the Terms & Conditions, or User’s violation of any rights of another including any claim of libel, defamation, violation of rights of privacy or property or other rights, including loss of Service by other Users and infringement of intellectual property.

LINKS

Callagenix Ltd. its affiliates, resellers, or third parties may provide links to other World Wide Web sites or resources but is not responsible or liable, directly or indirectly for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Callagenix Ltd. is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

PROPRIETARY RIGHTS

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.

NO RESALE OF SERVICE

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.

UNLAWFUL USE

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 ICSTIS 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.

LIMITATION OF LIABILITY

USERS EXPRESSLY UNDERSTAND AND AGREE THAT CALLAGENIX LIMITED OR ANY OF ITS SUBSIDUARIES 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.

NOTICES

All notices to you will be made via email to your email address. 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. As these notices may affect your terms and conditions.

USER OBLIGATIONS

THE USER

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 anyway 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 ICSTIS rules and regulations.

 

USER CONDUCT

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, or unauthorised access attempts.

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.

USER RESPONSIBILITIES

The User accepts responsibility for the following;

To obtain all necessary permissions to use and pay for the Services selected, to receive, download, upload, display, distribute or execute other programs or perform other works. This Service is provided to individuals who work for or represent Users BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.

USER REGISTRATION AND USER ACCOUNTS

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.

USER'S CONTENT

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. management.

TERMINATION OF USER ACCOUNT BY THE USER

Users may, on notice to Callagenix Ltd terminate their User Account with Callagenix Ltd. at any time.

TERMINATION OF USER ACCOUNT BY CALLAGENIX LIMITED

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. 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 upon rejection of any credit card charges 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.

RE-INSTATEMENT OF USER

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.

SERVICES

TESTING SERVICE

In order for Users to gain access to, select, modify, test, and activate any of the Services (except the email to voice service) the User must first Register with Callagenix Ltd. and become a User. CALLAGENIX LIMITED DOES NOT CHARGE USERS FOR THE TESTING  SERVICES. 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 LIMITED SERVICES

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

SERVICES ACTIVATION TELEPHONE NUMBER RENTAL & TOP UP

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 their Rental Period is due to expire. An email will be sent warning that expiry is within 14 days, 7 days and then 1 day. If the Rental Period has not been extended then the telephone number will expire and is removed from the User account and will be made available to another User. An E-mail will also be sent when a User’s Account Operating Balance has reached a level which is equivalent to 10% of the value of the last Operating Voucher purchased by the User. 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.

MODIFICATIONS TO SERVICE AND MAINTENANCE

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.

REFUSAL OR WITHDRAWAL OR SUSPENSION OF PREMIUM RATE SERVICE

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 ICSTIS 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 ICSTIS code of practice and or Callagenix Ltd. Terms and Conditions.

PAYMENTS CHARGES AND TARIFFS

PAYMENTS

Payment for Callagenix Ltd. Services must be made using 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.

TYPES OF CREDIT CARDS

Callagenix Ltd accepts VISA and MASTERCARD credit cards and Switch and JCB debit cards. The deduction is made by Barclays Merchant Services, as agents for Callagenix Ltd, and will appear on a statement as 'CALLAGENIX LIMITED'.

CREDIT CARD INFORMATION: SHOULD ANY DETAILS OF USER’S CREDIT OR DEBIT CARD CHANGE (USER’S NAME, CARD NUMBER, ADDRESS, ETC), OR USER’S CARD EXPIRES, USER MUST NOTIFY CALLAGENIX LIMITED IMMEDIATELY. FAILURE TO UPDATE USER’S CREDIT CARD DETAILS BEFORE THE RENEWAL DATE MAY RESULT IN THE TERMINATION OF USER’S SERVICE.

REFUND POLICY

Once a User’s Service has been successfully connected to the Users telephone number, all Charges are non-refundable.

PREMIUM RATE AND 0870, 0871 PAYMENTS

Users operating Callagenix Ltd. Premium Rate Services and 0870 and 0871 numbers 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 displayed in the Uncleared Revenue Balance of Users accounts.  When Callagenix have received payments from the network provider they will be displayed in the Revenues Cleared balance.  Callagenix will automatically deduct the following months service charges before any payments are made to Users  receive payment into their nominated accounts within 30 days from Callagenix Ltd. receiving the revenues.

GENERAL

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.

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.