Terms and Conditions

          

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.


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