Terms and conditions
VoIPer: terms of business. These terms set out the basis on which VoIPer, a trading name of Planet Telecom Ltd, registered in England and Wales no. 3823269, provides telephone services.
1. Definitions
In these terms:
- “Account” means the record of all Charges due from a Customer.
- “Agreement” means the agreement between VoIPer and the Customer for the Services, incorporating these terms.
- “Charges” means the charges payable for the Services (as amended under clause 5.6) as set out in the Price List and the Diversion Charges.
- “Customer” means the party named on the Customer Order Form to whom VoIPer agrees to provide Services and by whom Charges are payable.
- “Customer Order Form” means VoIPer’s current customer order form, as amended from time to time.
- “Diversion Charges” means the sum of £50 payable under clause 5.3, as amended under clause 5.6.
- “VoIPer” means Planet Telecom Ltd, trading as VoIPer, registered in England and Wales no. 3823269.
- “Order” means a Customer’s order for Services made on a Customer Order Form or otherwise notified to VoIPer by the Customer.
- “Price List” means VoIPer’s current published list of Charges, as amended under clause 5.6.
- “Services” means the telephone services described in one or more Customer Order Forms or otherwise notified in writing by VoIPer, which may include connection to the Telecommunications Network, provision of Telephone Numbers, call diversion and hosted phone system services.
- “Telecommunications Network” means the public telecommunications system by which the Services are made available, and any communications system operated by VoIPer or any telecommunications operator.
- “Telephone Number” means a telephone number allocated to the Customer which enables access to the Services.
2. Provision of Services
2.1 VoIPer agrees to provide the Services on the terms of this Agreement once VoIPer has accepted the Customer’s Order. VoIPer accepts the Order when it first provides the Services to the Customer.
2.2 VoIPer may treat each Service as a separate agreement on these terms. These terms continue to apply to any remaining or new Services despite the non-availability, suspension or termination of any individual Service, unless VoIPer tells the Customer otherwise in writing.
2.3 The minimum period for the Services is 12 months, beginning on the day the Services are first made available to the Customer (the “Minimum Period”). After the Minimum Period, this Agreement continues until terminated by either party giving the other at least three months’ written notice, or under clause 9.
3. VoIPer’s obligations
3.1 VoIPer shall use all reasonable endeavours to maintain the Services 24 hours a day, every day of the year, but is not liable for any failure to maintain the Services caused by factors outside its control, including technical or other failures (including fire, flood, subsidence, physical obstructions, atmospheric conditions, acts of God, industrial action, default or failure of a third party, governmental action or faults in the Telecommunications Network). VoIPer does not warrant that the Services will be fault free or free of interruptions.
3.2 VoIPer may from time to time improve or alter the Services, provided this does not substantially change their nature. VoIPer may suspend or alter the Services for remedial work, preventative maintenance or improvement, and shall use all reasonable endeavours to keep any suspension to a minimum.
4. Customer responsibilities
Throughout this Agreement the Customer shall:
4.1 comply with any reasonable directions or instructions issued by VoIPer in connection with the Services;
4.2 ensure the Services are not used to transmit any hoax call to the emergency services, or any material that is defamatory, offensive, abusive, obscene or menacing, or which is likely to bring the Services or VoIPer into disrepute or prejudice VoIPer’s commercial interests;
4.3 ensure the Services are not used in any way which is or may be unlawful or criminal (including deception or fraud), or which infringes the rights of any person (including confidentiality and copyright), or breaches any statutory duty or obligation to any third party;
4.4 not act, fail to act or allow the Services to be used in any way which will or may injure or damage any person, property or the Services, or impair the quality of the Services;
4.5 provide VoIPer with any assistance or information it reasonably requires to comply with any law, licence or requirement of Ofcom or any other competent authority applicable to the Services;
4.6 pay VoIPer’s Charges on or before the due date without set-off, deduction, counterclaim or abatement;
4.7 where access to the Services uses a password or personal identification number (“PIN”), keep it confidential. The Customer is responsible for all Charges for use of the Services, including any improper or unauthorised use of a password or PIN, and VoIPer is not liable for such use;
4.8 indemnify VoIPer against all liabilities, claims, damages, losses, costs and proceedings arising from or connected with the Customer’s use of the Services;
4.9 if the Services are suspended under clause 8 because of the Customer’s breach of this clause, VoIPer may refuse to restore them until it receives written assurance from the Customer that there will be no further breach.
5. Charges
5.1 The Customer shall pay any connection charges detailed in the Price List on completion of the Customer Order Form.
5.2 Subject to receiving an invoice, the Customer shall pay the monthly charges and divert charges detailed in the Price List. VoIPer may invoice monthly charges annually instead of monthly.
5.3 If asked to provide a divert to mobile or divert to international service, VoIPer may charge a Diversion Charge payable before the service is provided. Subsequent divert charges are set against the Diversion Charge until it is used up, after which a further Diversion Charge may be payable.
5.4 All Charges are exclusive of VAT, which the Customer shall pay at the applicable rate.
5.5 Payment shall be made as VoIPer reasonably requires, which may include direct debit. Where the Customer pays by direct debit, Charges are collected automatically each month; otherwise Charges are due 14 days from the invoice date. If any amount is not received by the due date (including because a direct debit is cancelled or varied), VoIPer may suspend the Services, charge interest on the overdue amount at 2% above the Bank of England base rate from the due date until payment, and recover its reasonable costs of collection.
5.6 VoIPer may review and vary the Charges and introduce new charges. Varied or new charges take effect 4 weeks after VoIPer sends the Customer written notice.
5.7 Any dispute about an invoice or a direct debit must be notified to VoIPer within 30 days of the invoice due date or the date of debit, otherwise the Customer is deemed to accept it.
5.8 The cost to callers of calling a Telephone Number is set by telecommunications operators, not VoIPer, and may change without notice.
5.9 The Customer is responsible for all Charges on its Services, whether incurred by the Customer, its staff, contacts or any third party (including hackers and others who gain unauthorised access). The Customer should take all reasonable precautions to minimise the risk of unauthorised use and is encouraged to insure against it.
5.10 If the Customer transfers a Service away during the Minimum Period, the Customer shall pay VoIPer on demand an early cancellation charge of £200 plus the remaining service charges and expected call charges for the rest of the Minimum Period.
6. Usage limit
On 14 days’ written notice, VoIPer may apply a usage limit to the Services and, on 7 days’ written notice, suspend access if the limit is exceeded. If the Customer asks for a higher limit, VoIPer may ask the Customer to reimburse its reasonable costs, including credit checks.
7. Liability
7.1 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, or for fraud.
7.2 VoIPer shall exercise reasonable skill and care in providing the Services.
7.3 Except as expressly stated in this Agreement, all other conditions, warranties and terms, whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.
7.4 Where a Service has been unavailable for a continuous period of more than 7 days (the “Unavailable Period”), other than because of the Customer’s negligence, an event beyond VoIPer’s reasonable control or the Customer’s failure to comply with this Agreement, the Customer may apply for a rebate of Charges paid or payable under clause 5.2 for the Unavailable Period, and VoIPer shall allow such rebate as it considers appropriate to the loss of Service.
7.5 VoIPer is not liable for any indirect or consequential loss, including loss of anticipated profits or savings, goodwill, business contracts or losses resulting from third-party claims.
7.6 Subject to clause 7.1, VoIPer’s total liability to the Customer in contract, tort (including negligence and breach of statutory duty) or otherwise arising under or in connection with this Agreement is limited to £10,000.
8. Suspension of Services
8.1 VoIPer may suspend all or part of the Services, or disconnect Telephone Numbers, at any time without notice if: (a) the Customer is in material breach of this Agreement, including clause 4; (b) the Customer exceeds a usage limit set under clause 6; (c) the Customer acts in a way which, in VoIPer’s reasonable opinion, may impair or jeopardise the Services or the Telecommunications Network; (d) VoIPer is required to do so by Ofcom or any other competent authority; or (e) the Telecommunications Network or any part of it breaks down or needs modification or maintenance.
8.2 Except for suspension under clauses 8.1(d) and (e), the Customer remains liable for all Charges during suspension and, on disconnection, VoIPer may charge for reconnection and require different payment terms. For suspension under clauses 8.1(d) and (e), VoIPer shall refund applicable Charges for the period of suspension.
8.3 VoIPer may suspend the Services for as long as it reasonably thinks fit. If suspension exceeds 60 days, VoIPer may terminate this Agreement on 14 days’ written notice, and clauses 9.4 to 9.7 apply.
9. When the Agreement ends
9.1 VoIPer may terminate this Agreement immediately by written notice if: (a) the Customer breaches this Agreement and does not remedy the breach within 7 days of written notice; or (b) any licence, permission or authorisation needed for VoIPer or its suppliers to provide the Services is suspended, revoked or terminated.
9.2 Either party may terminate this Agreement immediately by written notice if the other party becomes insolvent, makes an arrangement with its creditors, has a receiver, administrator or similar officer appointed, or takes or suffers any similar action.
9.3 Termination does not affect either party’s rights accrued up to the date of termination.
9.4 On termination VoIPer shall stop supplying the Services.
9.5 Unless the Customer has ported them to another provider before termination, all Telephone Numbers revert to VoIPer and are no longer available to the Customer.
9.6 All Charges owed by the Customer become due immediately and shall be paid on demand.
9.7 The Customer is not entitled to compensation for termination.
10. General
10.1 VoIPer may send bills and notices to the Customer by post or email to the address on the Customer Order Form, or any updated address the Customer provides. The Customer shall send notices to VoIPer in writing to 23 Hinton Road, Bournemouth, Dorset BH1 2EF, or by email to hello@voiper.com. Notices are deemed served 48 hours after posting, or on the next working day after sending by email.
10.2 A failure or delay by VoIPer in exercising any right is not a waiver of that right, and no waiver or concession prevents VoIPer from acting on that or any later breach.
10.3 These terms override any other terms stipulated by the Customer, even if submitted later.
10.4 The Customer confirms it has not relied on any representation not set out in this Agreement. Nothing in this clause limits liability for fraudulent misrepresentation.
10.5 No variation of this Agreement is effective unless agreed in writing by VoIPer.
10.6 If any provision of these terms is found invalid or unenforceable, the remaining provisions are not affected.
10.7 The Customer may not assign or transfer this Agreement without VoIPer’s consent, unless required by law. VoIPer may assign this Agreement in whole or in part.
10.8 This Agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
11. Transfer without notice
11.1 If the Customer transfers a Service to another provider without giving the notice required by this Agreement, the Customer is in breach and VoIPer may terminate this Agreement.
11.2 The Customer remains liable for all Charges incurred and for VoIPer’s reasonable costs, losses and expenses arising from the termination. If the transfer happens during the Minimum Period, the early cancellation charge in clause 5.10 also applies.