This is an agreement
("Agreement") between 125 Telecom Ltd ("we," "us"
or "125 Telecom Ltd") and the user ("you," "user" or
"Customer") of 125 Telecom Ltd communications
services ("Service") and any IP adapter or gateway
devices, ("Device" or "Equipment") used to provide
the Service.
Any 125 Telecom Ltd services or products
("Services") provided by 125 Telecom Ltd to the end
user shall be governed by the terms and conditions
herein. By activating the services the end user
acknowledges receiving, reading and understanding
this Agreement and accepts the terms and conditions
herein. End User acknowledges that they are of legal
age to enter into this Agreement.
Should you decide to
subscribe to the 125 Telecom Ltd telephone network
you acknowledge that you will abide by the terms and
conditions set forth herein in this Agreement.
Conditions of Service Provided By 125 Telecom Ltd
1.1 Term
Telephone Network Service is offered on a monthly
basis for a term which begins on the date that 125
Telecom Ltd activates your Service. This Agreement
will automatically renew on a monthly basis unless
you provide written notice of cancellation to 125
Telecom Ltd at least ten (10) days before the end of
your current monthly term. The end user is
purchasing the service for full monthly terms,
meaning that if end user attempts to terminate
service prior to the end of a monthly term the end
user will be responsible for the full month's
charges to the end of the then-current term,
including without limitation unbilled charges, plus
any applicable disconnect fee, all of which
immediately become due and payable. Expiration of
the term or termination of the services does not
excuse the end user from paying all unpaid, accrued
charges due in relation to the Agreement.
1.2.1 Residential Use
If you are subscribing to 125 Telecom Ltd
Residential services, the Service and Device are
provided to you as a residential user, for your
personal, residential, non-business and
non-professional use. You cannot use the Service or
Device for any commercial or governmental
activities, profit-making or non-profit, including
but not limited to home office, business, sales,
tele-commuting, telemarketing (including without
limitation charitable or political solicitation or
polling), autodialing, continuous or extensive call
forwarding, bulk faxing or any other commercial
activities. You cannot resell or transfer the
Service or the Device to any other person for any
purpose, or make any charge for the use of the
Service. 125 Telecom Ltd reserves the right to
immediately terminate or modify the Service, if 125
Telecom Ltd determines, at its sole discretion, that
Customer's Service is being used for non-residential
or commercial use. Any telephone number provided by
125 Telecom Ltd ("Number") to the end user shall be
leased and not sold. The end user is not to use the
number with any other device other than the
equipment provided by 125 Telecom Ltd without the
express written permission. 125 Telecom Ltd reserves
the right to change, cancel or move the number at
its sole discretion.
The end user may request a call plan change at
anytime, subject to any applicable change of service
fee and additional terms and conditions. In no case
will an activation fee be credited after thirty (30)
days from the initial purchase of the services for a
plan change or cancellation. For any plan change
that requires the extra purchase of equipment, an
equipment charge will apply.
1.2.1a
The end user is not to resell or transfer the
service or equipment to any other person for any
purpose, without express written permission from 125
Telecom Ltd in advance.
1.2.2 Business Use
If you are subscribing to 125 Telecom Ltd business
services, the Service and Device are provided to you
as a small business user. You cannot resell or
transfer the Service or the Device to any other
person for any purpose, or make any charge for the
use of the Service. You cannot use the Service or
the Device for auto-dialling, continuous or
extensive call forwarding, bulk faxing or any other
activity that will result in inappropriate use of
the Service. 125 Telecom Ltd reserves the right to
immediately terminate or modify the Service, if 125
Telecom Ltd determines, in its sole discretion, that
Customer's Service is being used for any of the
aforementioned activities. Any telephone number
provided by 125 Telecom Ltd ("Number") to the end
user shall be leased and not sold. The end user is
not to use the number with any other device other
than the equipment provided by 125 Telecom Ltd
without the express written permission. 125 Telecom
Ltd reserves the right to change, cancel or move the
number at its sole discretion.
The end user may request a call plan change at
anytime, subject to any applicable change of service
fee and additional terms and conditions. In no case
will an activation fee be credited after thirty (30)
days from the initial purchase of the services for a
plan change or cancellation. For any plan change
that requires the extra purchase of equipment, an
equipment charge will apply.
1.2.2a
The end user is not to resell or transfer the
service or equipment to any other person for any
purpose, without express written permission from 125
Telecom Ltd in advance.
1.3 Prohibited Use of Service and Device
125 Telecom Ltd reserves the right to terminate your
Service without notice if you violate any of the
following acceptable use policies. Any use of the
service provided or any other action that causes a
disruption in the network integrity of 125 Telecom
Ltd or its vendors, whether directly or indirectly
is strictly prohibited and could result in
termination of the services provided at the sole
discretion of 125 Telecom Ltd. The end user agrees
that neither 125 Telecom Ltd nor its vendors are
responsible for the content of the transmissions
that may pass through the internet and/or the
services. The end user agrees that it will NOT use
the Services in ways that violate laws, infringe the
rights of others, or interfere with the users,
services, or equipment of the network. The end user
agrees and represents that it is purchasing the
services and/or the equipment for its own internal
use only, and shall not resell, transfer or make a
charge for the services or the equipment without the
advance express written permission of 125 Telecom
Ltd.
1.3.1 Compliance to Local Laws
You cannot to use the 125 Telecom Ltd phone Service
and Device for transmitting or receiving any
communication or material of any kind that would (i)
constitute a criminal offence, give rise to a civil
liability, or otherwise violate any applicable
local, state, national or international law or (ii)
encourages conduct that would constitute a criminal
offence, give rise to a civil liability, or
otherwise violate any applicable local, state,
national or international law. 125 Telecom Ltd
reserves the right to terminate your service
immediately and without advance notice if 125
Telecom Ltd, at its sole discretion, believes that
you have violated any of the above restrictions. You
further agree that 125 Telecom Ltd may forward your
personal information or any communications you made
through 125 Telecom Ltd to appropriate authorities
for investigation and prosecution if we believe that
you have violated any of the above restrictions. You
agree to indemnify and hold harmless 125 Telecom Ltd
against any liability resulting from misuse of your
Service and Device.
1.3.2 Unauthorized Use of Firmware or Software
Any Device provide to you will contain firmware or
software protected by trademark, copyright or other
intellectual property laws. You agree to use the
firmware or software only to receive the Service.
125 Telecom Ltd will not provide any passwords,
codes or other information or assistance that would
allow you to use the Device for any other purpose.
You will not reverse compile, disassemble or reverse
engineer or otherwise attempt to derive the source
code from the binary code of the firmware or
software.
1.3.3 Unauthorized Use of Device or Service
You will not erase or modify any serial numbers or
equipment identifiers on the Device. You will not
perform a factory reset of the Device.
1.4 Loss of Power or Internet Access
You acknowledge and understand that the Service does
not function in the event of power failure and that
the Service requires a fully functional broadband
connection to the Internet (which is not provided by
125 Telecom Ltd ). In the event that there is an
interruption of service by your Internet service
provider ("ISP"), you will continue to be billed for
the Service until you terminate the Service in
accordance with this Agreement.
1.5 Theft of Service
You agree to notify 125 Telecom Ltd immediately, in
writing or by calling the 125 Telecom Ltd customer
support line, if you become aware at any time that
your Service is being stolen or fraudulently used.
When you call or write, you must provide your
account number and a detailed description of the
circumstances of the Device theft or fraudulent use
of Service. Failure to do so in a timely manner may
result in the termination of your Service and
additional charges to you. Until such time as 125
Telecom Ltd receives notice of the theft or
fraudulent use, you will be liable for all use of
the Service using a Device stolen from you and any
and all stolen Service or fraudulent use of the
Service.
1.6 Service Difference
You acknowledge and understand that the 125 Telecom
Ltd telephone network service is not the same as
traditional telephone service. The Service is
subject to different regulatory treatment than
traditional telephone service. This treatment may
limit or otherwise affect your rights of redress
before any internet telecoms and telecommunications
regulatory agencies.
1.7 Changes to Terms and Conditions
125 Telecom Ltd may change the terms and conditions
of this Agreement at any time. Such changes will
become effective and binding once posted on to the
"Terms & Conditions" section of the 125 Telecom Ltd
website at http://www.125telecom.com and no further
notice by 125 Telecom Ltd is required.
1.8 Billing
You must use a valid credit card (Visa, MasterCard,
American Express or any other issuer then-accepted
by PayPal) when the Service is activated. PayPal is
the 125 Telecom Ltd credit card agent and will bill
you for the service. 125 Telecom Ltd reserves the
right to stop accepting credit cards from one or
more issuers. If the card expires, you close your
account, your billing address changes, or the card
is cancelled and replaced owing to loss or theft,
you must advise 125 Telecom at once. You will be
billed all charges, applicable taxes and surcharges
monthly in advance to your credit card, including
but not limited to: activation fees, monthly Service
fees, international usage charges, advanced feature
charges, equipment purchases, disconnect fees and
shipping and handling charges. 125 Telecom Ltd
reserves the right to bill at more frequent
intervals if the amount due at any time exceeds $50.
Any usage charges will be billed in increments that
are rounded up to the nearest minute except as
otherwise set forth in the rate schedules found on
the 125 Telecom Ltd website.
1.9 Billing Disputes
You must notify 125 Telecom Ltd in writing within 7
days after receiving your credit card statement if
you dispute any 125 Telecom Ltd charges on that
statement or such dispute will be deemed waived. 125
Telecom Ltd recommends that you routinely review
your online account history to ensure its accuracy.
Billing disputes should be notified to the following
address:
125 Telecom Ltd
Kingsland House
Transmission Unit
Old Stafford Road
Wolverhampton
West Midlands
United Kingdom
WV10 OPR
1.10 Termination or
Discontinuance of Service
125 Telecom Ltd reserves the right to suspend or
discontinue providing the Service generally, or to
terminate your Service, at any time in its sole
discretion. If 125 Telecom Ltd discontinues
providing the Service generally, or terminates your
Service in its discretion without a stated reason,
you will only be responsible for charges accrued
through the date of termination, including a
pro-rated portion of the final month's charges. If
your Service is terminated for any stated reason,
including without limitation violation of this
Agreement, or because of any improper use of the
Service or Device (such as, but not limited to, your
attempts to hack, disrupt, or misuse the Service or
your acts or omissions that violate any acceptable
use policy of 125 Telecom Ltd or of a third party
provider to which 125 Telecom Ltd is subject), you
will be responsible for the full month's charges to
the end of the current term, including without
limitation unbilled charges, plus any other
outstanding fees, all of which immediately become
due and payable.
1.11 Limitation of
Liability
125 Telecom Ltd shall not be liable for any delay or
failure to provide the Service, at any time or from
time to time, or any interruption or degradation of
voice quality that is caused by any of the
following:
1. act or omission of
an underlying carrier, service provider, vendor or
other third party;
2. equipment, network or facility failure;
3. equipment, network or facility upgrade or
modification;
4. force majeure
events such as (but not limited to) acts of god;
strikes; fire; war; riot; government actions;
5. equipment, network or facility shortage;
6. equipment or facility relocation;
7. service, equipment, network or facility failure
caused by the loss of power to Customer;
8. the outage of Customer's ISP or broadband
service provider;
9. act or omission of Customer or any person using
the service.
The Service or Device
provided to Customer; or any other cause that is
beyond 125 Telecom Ltd control, including without
limitation a failure of or defect in any Device, the
failure of an incoming or outgoing communication,
the inability of communications to be connected or
completed, or degradation of voice quality.
125 Telecom Ltd
aggregate liability for (i) any failure or mistake;
(ii) any claim with respect to 125 Telecom Ltd
performance or nonperformance hereunder or (iii) any
125 Telecom Ltd act or omission in connection with
the subject matter hereof shall in no event exceed
Service charges with respect to the affected time
period.
1.12 Indemnification
The customer agrees to defend, indemnify, and hold
harmless 125 Telecom Ltd, its officers, directors,
employees, affiliates and agents and any other
service provider who furnishes services to customer
in connection with this Agreement or the Service,
from any and all claims, losses, damages, fines,
penalties, costs and expenses (including, without
limitation, reasonable attorneys fees) by, or on
behalf of, Customer or any third party or user of
Customer's Service, relating to this Agreement, the
Services, or the Device. This paragraph shall
survive termination of this Agreement.
1.13 Warranties, or
Limited Warranties, for Phones or Devices
If the customer has received the Phone or Device new
from 125 Telecom Ltd and the Phone or Device
included a warranty at the time of receipt, the
customer must refer to the separate limited warranty
document provided with the Phone or Device for
information on the limitation and disclaimer of
certain warranties. Remedies for breach of any such
warranties will be limited to those expressly set
forth in such documentation. If the customer's Phone
or Device did not include a warranty at the time of
receipt, the customer agrees that it accepts its
Phone or Device "as is" and that customer is not
entitled to replacement or refund in the event of
any defect. The warranty period and service varies
by manufacturer. Any items purchased through a third
party and not directly from 125 Telecom Ltd will be
subject solely to the terms and conditions of such
third party's return and warranty policies.
1.14 No Third Party
Beneficiaries
No provision of this Agreement provides any person
or entity not a party to this Agreement with any
remedy, claim, liability, reimbursement, or cause of
action or creates any other third party beneficiary
rights.
1.15 Content
You are liable for any and all liability that may
arise out of the content transmitted by or to you or
users using the services. You shall assure that your
or user's use of the services and content will at
all times comply with all applicable laws,
regulations and written and electronic instructions
for use. 127 Telecom Ltd reserves the right to
terminate or suspend affected services, and/or
remove your or users' content from the services if
125 Telecom Ltd determines that such use or content
doer not conform with the requirements set forth in
this Agreement or interferes with 125 Telecom Ltd
ability to provide services to you or others or
receives notice from anyone that your or users' use
or content may violate any laws or regulations. 125
Telecom Ltd actions or inaction under this section
shall not constitute review or approval of your or
users' use or content. You will indemnify and hold
125 Telecom Ltd against any and all liability
arising from the content transmitted by or to you or
to users using the services. A "User" means any
person, whether authorized or unauthorized, using
the Service and/or Phone or Device provided to you.
1.16 Mandatory
Arbitration
Any dispute or claim between the customer and 125
Telecom Ltd arising out of or relating to the
service or phone or device provided in connection
with this Agreement shall be resolved by arbitration
before a single arbitrator administered by the
United Kingdom Arbitration Service in accordance
with its Commercial Arbitration Rules. The
arbitration shall take place in Wolverhampton United
Kingdom and shall be conducted in English. The
arbitrator's decision shall follow the plain meaning
of the relevant documents, and shall be final and
binding. Without limiting the foregoing, the parties
agree that no arbitrator has the authority to: (i)
award relief in excess of what this Agreement
provides; or (ii) award punitive or exemplary
damages. Judgment on the award rendered by the
arbitrators may be entered in any court having
jurisdiction thereof. All claims shall be arbitrated
individually and customer will not bring, or join
any class action of any kind in court or in
arbitration or seek to consolidate or bring
previously consolidated claims in arbitration. THE
CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION
PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A
JURY TRIAL.
1.17 Governing Law
The Agreement and the relationship between you and
125 Telecom Ltd shall be governed by the laws of the
United Kingdom without regard to its conflict of law
provisions. To the extent court action is initiated
to enforce an arbitration award or for any other
reason you and 125 Telecom Ltd agree to submit to
the personal and exclusive jurisdiction of the
courts located within the City of Wolverhampton
district and waive any objection as to venue or
inconvenient forum. The failure of 125 Telecom Ltd
to exercise or enforce any right or provision of the
Agreement shall not constitute a waiver of such
right or provision. If any provision of the
Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect
to the parties' intentions as reflected in the
provision, and the other provisions of the Agreement
remain in full force and effect. You agree that
regardless of any statute or law to the contrary,
any claim or cause of action arising out of or
related to use of the Service or the Agreement must
be filed within one (1) year after such claim or
cause of action arose or be forever barred.
1.18 Entire Agreement
This Agreement and the rates for services found on
the 125 Telecom Ltd website constitute the entire
agreement between you and 125 Telecom Ltd and govern
your use of the service, superseding any prior
agreements between you and 125 Telecom Ltd and any
and all prior or contemporaneous statements,
understandings, writings, commitments, or
representations concerning its subject matter. No
amendment to this Agreement shall be binding upon
125 Telecom Ltd unless and until posted in
accordance with the terms and conditions listed on
the 125 Telecom Ltd website.
1.19 Severability
If any part of this Agreement is legally declared
invalid or unenforceable, all other parts of this
Agreement are still valid and enforceable. Such
invalidity or non-enforceability will not invalidate
or render unenforceable any other portion of this
Agreement.
News |
Facebook |
Maps |
Currency |
Finance
|
Translator
|
Jobs |
Celebrity
Jobs |
Job search |