The Internet Telephone service is operated by Callserve.com of 1 Harbour Exchange Square, London E14 9GE, United Kingdom ("Callserve", "we", "our").
1. The service
- The service will be supplied in accordance with these terms and the service descriptions on our website from time to time.
- Callserve does not guarantee that the service will be uninterrupted or free of faults. We may need to suspend the services to correct a fault or for maintenance purposes. If this happens we will restore the service to you as quickly as possible.
- We grant you a non-exclusive, non-transferable licence to download and use the software that you need to use our service. Upgrades to such software will be made available from time to time.
2. Your responsibility
- You agree that you will not use the services for any unlawful purposes such as making any offensive, indecent or hoax telephone calls or allowing other persons to do so or using the services fraudulently or in connection with a criminal offence.
- You will not falsify or use the services to transmit or intercept any voice, data or e-mail messages or use the service to in any way cause detriment or harm to any communication system.
- You will comply with all reasonable instructions provided by us in relation to the service and will fully indemnify us against any expenses, liabilities, losses, costs (including legal costs), action, claims, damages or liabilities howsoever incurred by us as a result of your breach of this agreement.
3. Payment & Call Records
- The service is entirely pre-paid.
- From time to time Callserve may request customers to verify their credit card and/or bank statement details by fax as part of the identity verification process. This is necessary for your own payment security.
- We reserve the right to decline payments for services at our discretion, for any reason.
- Your Callserve account will be debited with charges calculated in accordance with our standard rates in force from time to time.
- We reserve the right to change our rates or the way billing is calculated at any time. Details of our latest rates and billing criteria are available on our website.
- Records of the calls you have made and associated charges will be made available on our website.
4. Limitation of liability
- We will not be liable to you either in contract or tort (including negligence) or otherwise for any damage, cost or expense, loss of or corruption of data, loss of profits or production, loss of operational time, goodwill, contracts or anticipated savings or any indirect or consequential loss caused by the interruption, delay, suspension or non-delivery of our services.
- We shall not be liable to you for loss of service caused by an event beyond our reasonable control including but not limited to any fault in or suspension of the network of any third party, any act of God, lightning damage, fire, power failure or any loss or change to telecommunications equipment or any act of any authority or third party.
- We expressly exclude any warranty as to the suitability, quality or reliability of the services or the software that they will be fit or suitable for your purposes.
- Subject to the limitations in this agreement our total liability to you shall be limited to the unused credit in your account with us at any time. You agree that the limitation of liability in this agreement is appropriate given the charges for the services.
- You agree that Callserve, in its sole discretion may terminate your account and/or use of services provided at any time and for any reason or without reason. Any such termination may be effected without prior notice. In the event of such a termination, Callserve shall not be held liable by you or any third-party.
- We may elect to terminate or suspend this agreement immediately without prior notice if you breach any of the terms and conditions of this agreement, or if you become insolvent or bankrupt.
- Callserve may block any account or suspend the provision of the Service in the event that it reasonably believes that a customer's credit card and/or bank account details are being or may be used fraudulently, and/or in the event that it is unable to verify a customer's credit card and/or bank account details with the relevant customer's bank or credit card issuer.
- Callserve may also refuse to provide the Service where the customer calls from an invalid or blocked (by Callserve or a third party ISP) IP address.
- Either we or you may end this agreement by providing the other with 30 days prior written notice.
- If you do not use the service to make a call for 6 consecutive months, your account will be closed without refund of any outstanding credit and your Callserve account will be reset to zero.
- If we terminate your account without reason, we will refund you any outstanding credit in your Callserve account less any costs that we incur in processing such a refund. Refunds for any other reason will be given at our discretion.
- Users paying by credit or debit card will be refunded to the card used for their last payment, providing that the card is still active. Users paying by bank transfer or cheque will be charged a £10/€15/$18 (USD) administration fee for each refund. No cash refunds are given under any circumstances.
- To claim your refund you must write to us with your request, using first class post, to 'Refunds, Callserve, 1 Harbour Exchange Square, London E14 9GE, United Kingdom'. We will not accept any request for a refund that is not made in writing to this address.
- If your account has been suspended, your balance cannot be refunded until you have verified and reactivated your account.
- No refund will be given in the following circumstances:
- You attempt to install the Callserve software on a computer that does not meet our minimum technical requirements.
- No refund will be given on an account with a balance of less than £5/€7/$9 (USD).
- You make a payment that you later claim to have been made in error.
- You experience real or perceived call quality problems that are outside of our control.
- The funds available on your account are the result of a promotional adjustment by Callserve.
7. Other information
- If a court of competent jurisdiction holds any part of this agreement as unenforceable then the rest of the agreement shall remain in force to the maximum extent permissible by law.
- Except in the case of fraud, this Agreement is the complete and exclusive statement of the Agreement between the parties relating to the subject matter of this Agreement, which supersedes all previous communications, agreements and other arrangements written or oral.
- This agreement shall be governed by English law and be subject to the exclusive jurisdiction of the English courts.
- These terms and conditions do not affect your statutory rights.