Terms of Service.
The Fair Usage Policy and Terms & Conditions on this page are for anyone using the Premier Voip Solution Voip phone system. Any other services we offer are covered by their own respective policies.
Fair Usage Policy
The fair usage policy shall not be applied to any client on our standard pay-as-you-go package.
Our fair usage policy will be applied only to those users who persistently 'abuse' any other call package and we reserve the right to suspend/amend the clients call package or charge for excessive call usage we deem appropriate, giving notice in writing within thirty days of any change being made.
The level of usage deemed as abuse will vary according to the call package the client is on but in general means that any client whose actions cause Premier VoIP Solution to incur sustained losses to that account.
General Terms and Conditions
Please read carefully the Terms of Service below which describe how Premier Voip Solution provides services to you. If you have any questions about our Terms of Service please email from our Contact Us page.
Introduction
This Agreement sets out the terms on which Clive Gray trading as Premier Voip Solution agrees to provide services ("Service") to you. This Agreement commences on the date that Premier Voip Solution first accepts your order.
This Agreement comprises (i) these Terms of Service; (ii) our call plans which are available at www.PremierVoipSolution.com. Orders for the Service are accepted at our sole discretion.
The expressions, "Premier Voip Solution", "we" and "us" and "our" mean Clive Gray, whose main office is at 309 Hall Road, Sheffield, S9 4AF, United Kingdom. The expressions "you" and "your" mean you the customer.
1. Essential Service Information
1.1 By signing up to the Service you understand and agree that the Service may not offer all of the features you may expect from a traditional phone line and may sometimes be unavailable as a result of things over which we have no control, for example, power disruptions and failures of your internet service provider (ISP) or broadband connection. You must maintain your broadband connection in order to use the Service. Your attention is specifically drawn to the service description at www.PremierVoipSolution.com, which describes the Service and any limitations.
1.2 For each phone line that you utilize with the Service, you must register with Premier Voip Solution the physical location where you will be using the Service. Your initial location will be registered as a part of subscribing to the Service. It is your responsibility to maintain the accuracy of your location address if there are any changes.
1.3 Emergency operators and authorities may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason. Emergency operators and authorities may also not be able to hold your line open in the event you hang up.
1.4 You agree to inform potential users of the Service of the above limitations and you understand and accept that you should always have an alternative means of accessing 999/112 emergency services.
1.5 Number portability may be unavailable with the Service. If you move your service to or from Premier Voip Solution or to or from another provider you may not be able to keep your telephone number. Premier Voip Solution will not process a number porting request unless your account is completely current, including payment for all Service charges and applicable disconnection fees.
2. Use of the Service, Suspension and Termination
2.1 You agree that you will use the Service in accordance with such instructions as we may notify to you from time to time and in accordance with any applicable laws and regulations. You are responsible for all activity and usage of the Service and for any breaches of this Agreement that may result. You must ensure that the Service is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes.
2.2 You agree that you will not use the Service nor allow others to use the Service:
2.2.1 to send a communication which is defamatory, abusive, obscene, offensive, menacing or otherwise criminal in nature or in breach of any copyright, privacy or any other rights; or
2.2.2 in a way that in Premier Voip Solution reasonable opinion is likely to affect the quality of the Service or any other service provided by Premier Voip Solution.
2.3 You agree that the Service is for your own personal use only and that you will not without our prior consent in writing re-sell or in any way re-supply the Service to others for money or monies worth.
2.4 You must not reconfigure or tamper with any equipment supplied to you for the purpose of accessing the Service ("Equipment") unless your account is completely current, including payment for all Service charges and applicable disconnection fees and you are moving to an alternative supplier. In the event that you do reconfigure or otherwise tamper with Equipment, we reserve the right to withhold support and suspend or terminate the Service. The Equipment must be kept and used in strict accordance with instructions issued by the manufacturer or us and must not be used in conjunction with other equipment not approved by the manufacturer or us. There will be a £20.00 charge to reconfigure the equipment if configuration is lost due to your actions.
2.5 You agree that the equipment is yours and you are responsible for any unauthorised use of the Service.
2.6 All information provided by you shall be true and accurate and will be relied upon by us for the provision of the Service.
2.7 If, at any time, the Service is affected or unavailable other than due to our fault you will continue to be billed for the Service.
2.8 Without prejudice to our rights to terminate this Agreement, we may suspend the Service if we reasonably believe you are in breach of any term of this Agreement or any other agreement with us or you abuse or threaten us, or a member of our staff. We may also suspend the Service if we are obliged to comply with an order, instruction or request of government or other competent authority.
2.9 Upon any suspension or termination by us, you are responsible for all charges under your call plan that would have been payable but for suspension or termination, including without limitation unbilled charges, applicable disconnection fees (details of which are set on our website at www.PremierVoipSolution.com) and other charges all of which immediately become due and payable. We may immediately charge these amounts to your account, debit or credit card. We may or may not agree to restore your Service. Before we agree to restore your Service a re-activation fee of £20.00 will be charged.
2.10 We can end this Agreement immediately upon notifying you by email if:
2.10.1 you breach this Agreement and fail to remedy the breach within a reasonable time specified in a written notice from us to do so;
2.10.2 you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this Agreement if we think any of these things or something similar may happen;
2.10.3 any regulatory change affecting our ability to offer the Service is introduced, including but not limited to any authorisation or licence under which we provide the Service expiring or being revoked.
2.11 We may terminate this Agreement at any time without liability to you if any underlying arrangement with other operators or suppliers is terminated for whatever reason.
3. Cancellation
3.1 Premier Voip Solution bills in regular recurring monthly cycles commencing from the date on which Premier Voip Solution accepts your order and ending on the day before the same date in a following month ("Billing Period"). If you want to cancel this Agreement in full, or if you want to cancel some but not all of your lines and other features of the Service, for any reason you must telephone us by calling 961138004 (or such other telephone number as may be posted on our web site from time to time). Your telephone notice of cancellation must be received no later than 2 working days before the end of the then current Billing Period otherwise cancellation will not become effective until the end of the next following Billing Period. Premier Voip Solution will send you confirmation of your cancellation by email. A working day does not include Saturdays, Sundays or any public or bank holiday in the United Kingdom.
3.2 Provided you have not exercised your right of cancellation under clause 5 (30 day Money Back Guarantee), you will be charged any applicable disconnection fee in respect of each line and other Service feature disconnected and you will be responsible for paying all charges under the applicable call plan including without limitation unbilled charges and other charges all of which immediately become due and payable. If a line or other Service feature is disconnected after 1 year following the activation date, the applicable disconnection fee is waived.
4. Charges and Payment
4.1 Provision of the Service is conditional upon you paying all fees and charges applicable to the Service in accordance with this Agreement. We publish all call plans, fees and charges (including details of shipping fees, activation fees, number change fees and applicable disconnection fees) at www.PremierVoipSolution.com. The methods of payment accepted by Premier Voip Solution are set out on our website at www.PremierVoipSolution.com. Where VAT must be paid we have included it at the current rate unless otherwise stated. You agree that we may provide you with an electronic modified VAT invoice showing the total amount due and the amount of VAT payable. All electronic VAT invoices are sent to the current email address registered with our Service.
4.2 If payment is by credit card, Premier Voip Solution reserves the right at any time to stop accepting credit cards from one or more issuers.
4.3 We may at any time, impose a credit limit on your account and we may charge you for the full amount of charges incurred at any time and offset the amount credited against the full amount of charges due at the end of the Billing Period.
4.4 We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due. You must pay all sums due in full and you cannot set off, deduct or withhold any part of any sum you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
4.5 All subscription, and all usage-based charges will be billed monthly in advance, together with and any other charges which Premier Voip Solution decides to bill.
4.6 We can change the payment terms for any good reason, for instance, if you do not pay your bills in good time.
4.7 Billing disputes must be notified to [email protected] within 5 days of occurrence.
4.8 If you use the Service other than for normal and reasonable purposes and contrary to usage patterns reasonably expected of a residential or small business user as the case may be. To help ensure reliability and quality of the Service we apply a fair usage policy (www.PremierVoipSolution.com) to our inclusive Premier Voip Solution call plans. By using the Service you agree to be bound by our fair usage policy. If you do not comply with our fair usage policy or you use the Service otherwise than for normal and reasonable purposes and contrary to usage patterns reasonably expected of a residential or small business user, as the case may be, we may at our sole option either suspend the Service immediately and offer you an alternative call plan or terminate the Service immediately. In the case of any termination you will be responsible for paying all charges under your applicable call plan including without limitation unbilled charges, applicable disconnection fees and other charges all of which immediately become due and payable.
4.9 If you accept an equipment upgrade, special offer, promotion or benefit, such as a free month of service, free installation, a rebate or other incentive, there may be a term commitment associated with the benefit you accepted ("Commitment"). The Commitment will be disclosed as part of the promotion. The Commitment begins on the date you activate the new equipment or accept the special offer, promotion or benefit. If your Service is disconnected prior to the end of the Commitment period, you agree to pay Premier Voip Solution a recovery fee in an amount equal to the difference between the price you paid and the price of the goods, service or other benefit you received at the time the Commitment period began. Recovery fees are cumulative and in addition to any other charges or fees you may owe Premier Voip Solution, including any applicable disconnection fees.
4.10 You accept that when you order the Service from us we may carry out credit reference enquiries about you and that we may also carry out identity and fraud prevention enquiries. All information disclosed to us following such enquiries will be protected and kept secure in accordance with our privacy policy at www.PremierVoipSolution.com.
4.11 Payment: You acknowledge that all products and services supplied by Premier Voip Solution are pre-paid unless otherwise specified. In the event the prepayment amount reaches 0, Services shall be automatically suspended, without the necessity of any prior notice and your number will be automatically deleted from our systems. In such event, we may (but are not obligated to) reinstate your Services once the prepayment has been made. Once your number is deleted from our systems, we cannot guarantee its' retrieval whilst reinstating your services. Any suspension or termination shall not relieve you of your obligation to pay any amounts due. A prepayment shall be deemed valid only when such payment is in our account as cleared funds. Premier Voip Solution may in its sole discretion require the Customer to increase the prepayment in the event of any increase or anticipated increase in Services provided to the Customer. We may offset the prepayment against any amounts due by the Customer that remain unpaid after expiration of any applicable notice.
4.12 Callouts: We may, at our discretion, offer a callout service to assist in the resolution of your on-site issues. Reasonable traveling time from our office address to your premises is billable as callout time. Callouts are charged at £20.00 per hour (or part of). You accept that we cannot guarantee to resolve your on-site issues if due to equipment not supplied by us or is caused by factors beyond our reasonable control. Failure by us to resolve your on-site issues does not relieve you of your obligation to pay any amounts due.
5. Money Back Guarantee
5.1 We offer a 30 day Money Back Guarantee. Under the terms of our Money Back Guarantee, if Premier Voip Solution has supplied Equipment to you, Premier Voip Solution refunds the equipment fee, shipping charges and waives any applicable disconnection fee(s), provided the terms described below are satisfied in full. The Money Back Guarantee applies only to the first ordered voice line (or first ordered voice line and fax line depending on your call plan), not to additional or secondary lines. You are not entitled to return the Equipment for a full refund unless you have complied with the terms of clauses 5.2.1, 5.2.2, 5.2.3 and 5.2.4.
5.2 In order to be entitled to this Money Back Guarantee:
5.2.1 you must cancel the Service within 30 days after the date of placing your order;
5.2.2 you must at your cost return the Equipment within 14 days after cancellation. Where Premier Voip Solution has supplied the Equipment, the Equipment must be returned to Premier Voip Solution by recorded delivery to such address as shall be notified to you by Premier Voip Solution;
5.2.3 you must return the Equipment undamaged in its original packaging with the universal product code or bar code intact. All components, manuals and registration cards must be included.
5.2.4 you must not have used more than 30 minutes of local and national geographic calls. You remain responsible for metered charges such as, but not limited to, international, mobile, non-geographic and any other charges not included in your package.
5.3 To return the Premier Voip Solution supplied equipment you need to obtain a valid return authorisation number from Premier Voip Solution by telephoning customer care on 961138004 (or such other telephone number as may be posted on our web site from time to time). You are responsible for the cost and risk of returning the Equipment.
6. Ownership and Risk
The Equipment is your property and you bear all risk of loss or theft of, or damage to, the Equipment. We do not rent or lease equipment to you.
7. Changing the Agreement
7.1 We may at any time change the terms and conditions of this Agreement, any policy or document referred to in this Agreement, our charges and call plans by notifying you by email. We shall endeavour to notify you of changes to call plans and charges at least 5 days before they are due to take effect, however, we may have to make changes without giving the full 5 days' notice. You agree that if you use the Service after any changes take effect you will be bound by the changes. You may contact us at any time on 961138004 (or such other telephone number as may be posted on our web site from time to time) for details of changes to charges and call plans or visit our website at www.PremierVoipSolution.com.
7.2 Provided you have not used the Service following any change as described in clause 7.1, you may end this Agreement without incurring any applicable disconnection fee if the changes are significantly to your detriment provided that you will remain liable for all charges due up until the date of termination. To exercise your right of termination you will need first to give us notice by telephoning 961138004 (or such other telephone number as may be posted on our web site from time to time).
8. Warranty
8.1 We warrant that we shall provide the Service with reasonable skill and care, within a reasonable time and substantially as described in this Agreement. We do not warrant that the provision of the Service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the Service. We do not make any other promises or warranties about the Service. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. The Equipment and the Service is made available 'as is' and for your own use only. Nothing in this Agreement affects your statutory rights.
8.2 We will provide a limited warranty on Equipment covering manufacturing defects only for a period of one (1) year from the date of Service activation. If Equipment supplied by us is faulty because of manufacturing defects you must report the fault by telephoning us promptly on 961138004 (or such other telephone number as may be posted on our web site from time to time) and we shall replace the Equipment for you provided the faulty Equipment is returned to us (to such address as shall be notified to you by Premier Voip Solution) within a period of 30 days following the date on which the fault was reported to us. The faulty Equipment must be returned to us in its original packaging with the universal product code or bar code intact. All components, manuals and registration cards must be included. You will be charged for the replacement Equipment at the price indicated on our website at the time of replacement (including our delivery costs). The amount charged for the replacement Equipment (excluding our delivery costs) will be credited back to you provided we receive the faulty Equipment within 30 days following the date on which the fault was reported to us and provided further that the fault is caused by manufacturing defect.
9. Liability and Indemnity
9.1 Nothing in this Agreement excludes or limits our liability for death or personal injury caused to you by our negligence, or for any liability that cannot be excluded or limited by law.
9.2 You accept and agree that you will have no claim against us or any underlying network access provider if you are unable to access the Service and the exclusions and limitations of liability in this clause 9 shall apply to all claims arising from your use of the Service including claims against our network access providers.
9.3 We shall not be liable to you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.
9.4 In the event of any failure in the Service or Equipment, we shall not be liable to you for any charges incurred by you should you divert your traffic to another provider.
9.5 You will indemnify Premier Voip Solution from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service or Equipment (whether or not supplied by Premier Voip Solution).
10. Matters Outside Our Control
We shall not be liable to you or be in breach of this Agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our reasonable control.
11. Privacy
We comply with all applicable data protection laws and our current Privacy Policy is published at www.PremierVoipSolution.com. By entering into this Agreement you confirm that you have read and understood our Privacy Policy and you agree to our using your data as detailed in our Privacy Policy.
12. Licence and Intellectual Property
Premier Voip Solution grants to you a non exclusive non-transferable licence to use the software in the Equipment ('Software') for the purpose for which it is intended and for no other purpose. You will not reproduce the Software and you will keep the Software in confidence. You will not (to the extent that Premier Voip Solution cannot prohibit such acts by law) modify, adapt, translate, reverse engineer, decompile or disassemble the Software or create any derivative work based thereon or merge or include the Software with or in any other software.
13. General
13.1 We can record any conversations between you and our staff.
13.2 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
13.3 If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
13.4 You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent.
13.5 Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement.
13.6 This Agreement represents the entire agreement and understanding between us in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral. This clause shall not affect the parties' rights and remedies in respect of any fraudulent misrepresentation.
13.7 We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.
Fair Usage Policy
The fair usage policy shall not be applied to any client on our standard pay-as-you-go package.
Our fair usage policy will be applied only to those users who persistently 'abuse' any other call package and we reserve the right to suspend/amend the clients call package or charge for excessive call usage we deem appropriate, giving notice in writing within thirty days of any change being made.
The level of usage deemed as abuse will vary according to the call package the client is on but in general means that any client whose actions cause Premier VoIP Solution to incur sustained losses to that account.
General Terms and Conditions
Please read carefully the Terms of Service below which describe how Premier Voip Solution provides services to you. If you have any questions about our Terms of Service please email from our Contact Us page.
Introduction
This Agreement sets out the terms on which Clive Gray trading as Premier Voip Solution agrees to provide services ("Service") to you. This Agreement commences on the date that Premier Voip Solution first accepts your order.
This Agreement comprises (i) these Terms of Service; (ii) our call plans which are available at www.PremierVoipSolution.com. Orders for the Service are accepted at our sole discretion.
The expressions, "Premier Voip Solution", "we" and "us" and "our" mean Clive Gray, whose main office is at 309 Hall Road, Sheffield, S9 4AF, United Kingdom. The expressions "you" and "your" mean you the customer.
1. Essential Service Information
1.1 By signing up to the Service you understand and agree that the Service may not offer all of the features you may expect from a traditional phone line and may sometimes be unavailable as a result of things over which we have no control, for example, power disruptions and failures of your internet service provider (ISP) or broadband connection. You must maintain your broadband connection in order to use the Service. Your attention is specifically drawn to the service description at www.PremierVoipSolution.com, which describes the Service and any limitations.
1.2 For each phone line that you utilize with the Service, you must register with Premier Voip Solution the physical location where you will be using the Service. Your initial location will be registered as a part of subscribing to the Service. It is your responsibility to maintain the accuracy of your location address if there are any changes.
1.3 Emergency operators and authorities may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason. Emergency operators and authorities may also not be able to hold your line open in the event you hang up.
1.4 You agree to inform potential users of the Service of the above limitations and you understand and accept that you should always have an alternative means of accessing 999/112 emergency services.
1.5 Number portability may be unavailable with the Service. If you move your service to or from Premier Voip Solution or to or from another provider you may not be able to keep your telephone number. Premier Voip Solution will not process a number porting request unless your account is completely current, including payment for all Service charges and applicable disconnection fees.
2. Use of the Service, Suspension and Termination
2.1 You agree that you will use the Service in accordance with such instructions as we may notify to you from time to time and in accordance with any applicable laws and regulations. You are responsible for all activity and usage of the Service and for any breaches of this Agreement that may result. You must ensure that the Service is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes.
2.2 You agree that you will not use the Service nor allow others to use the Service:
2.2.1 to send a communication which is defamatory, abusive, obscene, offensive, menacing or otherwise criminal in nature or in breach of any copyright, privacy or any other rights; or
2.2.2 in a way that in Premier Voip Solution reasonable opinion is likely to affect the quality of the Service or any other service provided by Premier Voip Solution.
2.3 You agree that the Service is for your own personal use only and that you will not without our prior consent in writing re-sell or in any way re-supply the Service to others for money or monies worth.
2.4 You must not reconfigure or tamper with any equipment supplied to you for the purpose of accessing the Service ("Equipment") unless your account is completely current, including payment for all Service charges and applicable disconnection fees and you are moving to an alternative supplier. In the event that you do reconfigure or otherwise tamper with Equipment, we reserve the right to withhold support and suspend or terminate the Service. The Equipment must be kept and used in strict accordance with instructions issued by the manufacturer or us and must not be used in conjunction with other equipment not approved by the manufacturer or us. There will be a £20.00 charge to reconfigure the equipment if configuration is lost due to your actions.
2.5 You agree that the equipment is yours and you are responsible for any unauthorised use of the Service.
2.6 All information provided by you shall be true and accurate and will be relied upon by us for the provision of the Service.
2.7 If, at any time, the Service is affected or unavailable other than due to our fault you will continue to be billed for the Service.
2.8 Without prejudice to our rights to terminate this Agreement, we may suspend the Service if we reasonably believe you are in breach of any term of this Agreement or any other agreement with us or you abuse or threaten us, or a member of our staff. We may also suspend the Service if we are obliged to comply with an order, instruction or request of government or other competent authority.
2.9 Upon any suspension or termination by us, you are responsible for all charges under your call plan that would have been payable but for suspension or termination, including without limitation unbilled charges, applicable disconnection fees (details of which are set on our website at www.PremierVoipSolution.com) and other charges all of which immediately become due and payable. We may immediately charge these amounts to your account, debit or credit card. We may or may not agree to restore your Service. Before we agree to restore your Service a re-activation fee of £20.00 will be charged.
2.10 We can end this Agreement immediately upon notifying you by email if:
2.10.1 you breach this Agreement and fail to remedy the breach within a reasonable time specified in a written notice from us to do so;
2.10.2 you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this Agreement if we think any of these things or something similar may happen;
2.10.3 any regulatory change affecting our ability to offer the Service is introduced, including but not limited to any authorisation or licence under which we provide the Service expiring or being revoked.
2.11 We may terminate this Agreement at any time without liability to you if any underlying arrangement with other operators or suppliers is terminated for whatever reason.
3. Cancellation
3.1 Premier Voip Solution bills in regular recurring monthly cycles commencing from the date on which Premier Voip Solution accepts your order and ending on the day before the same date in a following month ("Billing Period"). If you want to cancel this Agreement in full, or if you want to cancel some but not all of your lines and other features of the Service, for any reason you must telephone us by calling 961138004 (or such other telephone number as may be posted on our web site from time to time). Your telephone notice of cancellation must be received no later than 2 working days before the end of the then current Billing Period otherwise cancellation will not become effective until the end of the next following Billing Period. Premier Voip Solution will send you confirmation of your cancellation by email. A working day does not include Saturdays, Sundays or any public or bank holiday in the United Kingdom.
3.2 Provided you have not exercised your right of cancellation under clause 5 (30 day Money Back Guarantee), you will be charged any applicable disconnection fee in respect of each line and other Service feature disconnected and you will be responsible for paying all charges under the applicable call plan including without limitation unbilled charges and other charges all of which immediately become due and payable. If a line or other Service feature is disconnected after 1 year following the activation date, the applicable disconnection fee is waived.
4. Charges and Payment
4.1 Provision of the Service is conditional upon you paying all fees and charges applicable to the Service in accordance with this Agreement. We publish all call plans, fees and charges (including details of shipping fees, activation fees, number change fees and applicable disconnection fees) at www.PremierVoipSolution.com. The methods of payment accepted by Premier Voip Solution are set out on our website at www.PremierVoipSolution.com. Where VAT must be paid we have included it at the current rate unless otherwise stated. You agree that we may provide you with an electronic modified VAT invoice showing the total amount due and the amount of VAT payable. All electronic VAT invoices are sent to the current email address registered with our Service.
4.2 If payment is by credit card, Premier Voip Solution reserves the right at any time to stop accepting credit cards from one or more issuers.
4.3 We may at any time, impose a credit limit on your account and we may charge you for the full amount of charges incurred at any time and offset the amount credited against the full amount of charges due at the end of the Billing Period.
4.4 We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due. You must pay all sums due in full and you cannot set off, deduct or withhold any part of any sum you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
4.5 All subscription, and all usage-based charges will be billed monthly in advance, together with and any other charges which Premier Voip Solution decides to bill.
4.6 We can change the payment terms for any good reason, for instance, if you do not pay your bills in good time.
4.7 Billing disputes must be notified to [email protected] within 5 days of occurrence.
4.8 If you use the Service other than for normal and reasonable purposes and contrary to usage patterns reasonably expected of a residential or small business user as the case may be. To help ensure reliability and quality of the Service we apply a fair usage policy (www.PremierVoipSolution.com) to our inclusive Premier Voip Solution call plans. By using the Service you agree to be bound by our fair usage policy. If you do not comply with our fair usage policy or you use the Service otherwise than for normal and reasonable purposes and contrary to usage patterns reasonably expected of a residential or small business user, as the case may be, we may at our sole option either suspend the Service immediately and offer you an alternative call plan or terminate the Service immediately. In the case of any termination you will be responsible for paying all charges under your applicable call plan including without limitation unbilled charges, applicable disconnection fees and other charges all of which immediately become due and payable.
4.9 If you accept an equipment upgrade, special offer, promotion or benefit, such as a free month of service, free installation, a rebate or other incentive, there may be a term commitment associated with the benefit you accepted ("Commitment"). The Commitment will be disclosed as part of the promotion. The Commitment begins on the date you activate the new equipment or accept the special offer, promotion or benefit. If your Service is disconnected prior to the end of the Commitment period, you agree to pay Premier Voip Solution a recovery fee in an amount equal to the difference between the price you paid and the price of the goods, service or other benefit you received at the time the Commitment period began. Recovery fees are cumulative and in addition to any other charges or fees you may owe Premier Voip Solution, including any applicable disconnection fees.
4.10 You accept that when you order the Service from us we may carry out credit reference enquiries about you and that we may also carry out identity and fraud prevention enquiries. All information disclosed to us following such enquiries will be protected and kept secure in accordance with our privacy policy at www.PremierVoipSolution.com.
4.11 Payment: You acknowledge that all products and services supplied by Premier Voip Solution are pre-paid unless otherwise specified. In the event the prepayment amount reaches 0, Services shall be automatically suspended, without the necessity of any prior notice and your number will be automatically deleted from our systems. In such event, we may (but are not obligated to) reinstate your Services once the prepayment has been made. Once your number is deleted from our systems, we cannot guarantee its' retrieval whilst reinstating your services. Any suspension or termination shall not relieve you of your obligation to pay any amounts due. A prepayment shall be deemed valid only when such payment is in our account as cleared funds. Premier Voip Solution may in its sole discretion require the Customer to increase the prepayment in the event of any increase or anticipated increase in Services provided to the Customer. We may offset the prepayment against any amounts due by the Customer that remain unpaid after expiration of any applicable notice.
4.12 Callouts: We may, at our discretion, offer a callout service to assist in the resolution of your on-site issues. Reasonable traveling time from our office address to your premises is billable as callout time. Callouts are charged at £20.00 per hour (or part of). You accept that we cannot guarantee to resolve your on-site issues if due to equipment not supplied by us or is caused by factors beyond our reasonable control. Failure by us to resolve your on-site issues does not relieve you of your obligation to pay any amounts due.
5. Money Back Guarantee
5.1 We offer a 30 day Money Back Guarantee. Under the terms of our Money Back Guarantee, if Premier Voip Solution has supplied Equipment to you, Premier Voip Solution refunds the equipment fee, shipping charges and waives any applicable disconnection fee(s), provided the terms described below are satisfied in full. The Money Back Guarantee applies only to the first ordered voice line (or first ordered voice line and fax line depending on your call plan), not to additional or secondary lines. You are not entitled to return the Equipment for a full refund unless you have complied with the terms of clauses 5.2.1, 5.2.2, 5.2.3 and 5.2.4.
5.2 In order to be entitled to this Money Back Guarantee:
5.2.1 you must cancel the Service within 30 days after the date of placing your order;
5.2.2 you must at your cost return the Equipment within 14 days after cancellation. Where Premier Voip Solution has supplied the Equipment, the Equipment must be returned to Premier Voip Solution by recorded delivery to such address as shall be notified to you by Premier Voip Solution;
5.2.3 you must return the Equipment undamaged in its original packaging with the universal product code or bar code intact. All components, manuals and registration cards must be included.
5.2.4 you must not have used more than 30 minutes of local and national geographic calls. You remain responsible for metered charges such as, but not limited to, international, mobile, non-geographic and any other charges not included in your package.
5.3 To return the Premier Voip Solution supplied equipment you need to obtain a valid return authorisation number from Premier Voip Solution by telephoning customer care on 961138004 (or such other telephone number as may be posted on our web site from time to time). You are responsible for the cost and risk of returning the Equipment.
6. Ownership and Risk
The Equipment is your property and you bear all risk of loss or theft of, or damage to, the Equipment. We do not rent or lease equipment to you.
7. Changing the Agreement
7.1 We may at any time change the terms and conditions of this Agreement, any policy or document referred to in this Agreement, our charges and call plans by notifying you by email. We shall endeavour to notify you of changes to call plans and charges at least 5 days before they are due to take effect, however, we may have to make changes without giving the full 5 days' notice. You agree that if you use the Service after any changes take effect you will be bound by the changes. You may contact us at any time on 961138004 (or such other telephone number as may be posted on our web site from time to time) for details of changes to charges and call plans or visit our website at www.PremierVoipSolution.com.
7.2 Provided you have not used the Service following any change as described in clause 7.1, you may end this Agreement without incurring any applicable disconnection fee if the changes are significantly to your detriment provided that you will remain liable for all charges due up until the date of termination. To exercise your right of termination you will need first to give us notice by telephoning 961138004 (or such other telephone number as may be posted on our web site from time to time).
8. Warranty
8.1 We warrant that we shall provide the Service with reasonable skill and care, within a reasonable time and substantially as described in this Agreement. We do not warrant that the provision of the Service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the Service. We do not make any other promises or warranties about the Service. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. The Equipment and the Service is made available 'as is' and for your own use only. Nothing in this Agreement affects your statutory rights.
8.2 We will provide a limited warranty on Equipment covering manufacturing defects only for a period of one (1) year from the date of Service activation. If Equipment supplied by us is faulty because of manufacturing defects you must report the fault by telephoning us promptly on 961138004 (or such other telephone number as may be posted on our web site from time to time) and we shall replace the Equipment for you provided the faulty Equipment is returned to us (to such address as shall be notified to you by Premier Voip Solution) within a period of 30 days following the date on which the fault was reported to us. The faulty Equipment must be returned to us in its original packaging with the universal product code or bar code intact. All components, manuals and registration cards must be included. You will be charged for the replacement Equipment at the price indicated on our website at the time of replacement (including our delivery costs). The amount charged for the replacement Equipment (excluding our delivery costs) will be credited back to you provided we receive the faulty Equipment within 30 days following the date on which the fault was reported to us and provided further that the fault is caused by manufacturing defect.
9. Liability and Indemnity
9.1 Nothing in this Agreement excludes or limits our liability for death or personal injury caused to you by our negligence, or for any liability that cannot be excluded or limited by law.
9.2 You accept and agree that you will have no claim against us or any underlying network access provider if you are unable to access the Service and the exclusions and limitations of liability in this clause 9 shall apply to all claims arising from your use of the Service including claims against our network access providers.
9.3 We shall not be liable to you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.
9.4 In the event of any failure in the Service or Equipment, we shall not be liable to you for any charges incurred by you should you divert your traffic to another provider.
9.5 You will indemnify Premier Voip Solution from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service or Equipment (whether or not supplied by Premier Voip Solution).
10. Matters Outside Our Control
We shall not be liable to you or be in breach of this Agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our reasonable control.
11. Privacy
We comply with all applicable data protection laws and our current Privacy Policy is published at www.PremierVoipSolution.com. By entering into this Agreement you confirm that you have read and understood our Privacy Policy and you agree to our using your data as detailed in our Privacy Policy.
12. Licence and Intellectual Property
Premier Voip Solution grants to you a non exclusive non-transferable licence to use the software in the Equipment ('Software') for the purpose for which it is intended and for no other purpose. You will not reproduce the Software and you will keep the Software in confidence. You will not (to the extent that Premier Voip Solution cannot prohibit such acts by law) modify, adapt, translate, reverse engineer, decompile or disassemble the Software or create any derivative work based thereon or merge or include the Software with or in any other software.
13. General
13.1 We can record any conversations between you and our staff.
13.2 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
13.3 If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
13.4 You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent.
13.5 Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement.
13.6 This Agreement represents the entire agreement and understanding between us in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral. This clause shall not affect the parties' rights and remedies in respect of any fraudulent misrepresentation.
13.7 We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.
