Terms And Conditions

1. Definitions

Wherever the following words and expressions appear in these terms and conditions, they have the following meanings:-

'We', 'Us' and 'Our'

Telecom IQ Limited 070numbers, whose Registered Office is 4 Keypoint Office Village, Keys Road, Nix's Hill, Alfreton, Derbyshire, DE55 7FQ (referred to as 070numbers hereinafter)

'070numbers'

a business name of Telecom IQ Limited and its England & Wales registered company number: 07676479

'You' and 'Your'

the customer named on the original Order and all legal successors as recorded in the Account and any user of the Password.

'Account'

the record, protected by your Password, where we hold, both current and historic, your Personal Data and any Commission due to you.

'Admin Password'

the sequence of words or numbers assigned to protect the Account at the time of first order of a 070numbers Number and changed by you or by us on your behalf from time to time.

'AIT'

the Artificial Inflation of Traffic (usually associated with fraudulent use of the telecommunications infrastructure and/or networks) as defined by Ofcom.

'Activation' and 'Activate'

the point at which you instruct our systems to connect a 070numbers Number to your designated Network Termination Point including, but not limited to, a phone number, voicemail service, fax service, conference service or VoIP address.

'Address'

your current 'Email Address' and your current 'Postal Address' as recorded in your Account.

'Agreement'

this agreement between us and you in respect of the Services to which these terms and conditions apply including our current price list.

'Call Seconds'

the period of accumulated answered calls in seconds for each 070numbers Number, as measured by us and being the basis for Commission payments to you; and sixty (60) Call Seconds being one 'Call Minute' and sixty (60) Call Minutes being one 'Call Hour' and twenty four (24) Call Hours being one 'Call Day'.

'Charges'

the Service Charge(s), Usage Charges and any other charges payable by you in respect of the Services shown in the Price List or otherwise incurred under this Agreement.

'Commission'

the amount(s) paid to you under the Commission Scheme set out below.

'Commission Statement'

the record, as issued by 070numbers to your Email Address on request by you, showing the amounts due to you, the date of issue and referenced by a unique number known as the 'Remittance Statement Reference Number'.

'End User'

the person or legal entity using the Services.

'Equipment'

any equipment approved for connection to our or any public telecommunications system which enables use of the Services in conjunction with a 070numbers Number.

'070numbers Number'

the necessary telephone number as may be allocated by us to you in the provision of the Services to a Customer which enables access to the Services.

'Minimum Term’

shortest period of time you contract to take our service.

'Minimum Usage'

the least activity required on a 070numbers number.

'Network'

our public telecommunications system or any such system leased by us or subcontracted to us by which the Services are made available.

'Order'

your written order for the Services on paper, fax or in other electronic format at our sole discretion and subject to these terms and conditions.

'Price List'

the list of Charges containing explanations, definitions, notes and conditions which form part of this Agreement, as published by us from time to time at http://www.070numbers.com/numbers-cost.html.

'Selection Charge'

the charge published in our Price List payable with this Order on any selection of a coveted 070numbers Number.

'Quarantine Period'

the period after which disconnected numbers may be reused. In order to maximise quality this is normally twelve (12) months after the last answered call. Shorter or longer periods may apply in special circumstance at our sole discretion.

'Services'

those telecommunications and other services as may be made available to you from time to time.

'Signed' and 'Signing'

for the purposes of the Agreement any Order made electronically shall be deemed signed when your Activate your 070numbers Number or first use the Services whichever is the earlier and by signing the Order you agree to be bound by the Agreement.

'Traffic Data' and 'Call Statistics'

the call information provided to Customers and provided for statistical analysis purposes only and not to be used as a basis for customer billing.

'Usage Charges'

the charges per unit of time, if any, as published in our Price List for metered usage of the Services.

'Website'

the Internet web site(s) owned and operated by us, including but not limited to http://www.070numbers.com.

 

2. General Conditions

  1. By using the Services you will be deemed to have accepted this Agreement.

  2. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us.

  3. It supersedes all understandings or prior agreements whether oral or written, and all representations or other communication between you and us.

  4. You may not assign or try to assign any or all of your rights and responsibilities under this Agreement but we may assign all or any of ours without your consent being required.

  5. You agree to the disclosure to any telecommunications regulator, telecommunications company, debt collection agency, credit reference agency, security agency, or financial institution, of any information relating to this Agreement and your Account or such other disclosure as may be within our Data Protection Act registration.

  6. We agree to protect your data and privacy as set out in our Privacy Policy.

  7. You must inform us of any change in the Address so we can update your Account promptly.

  8. We will address all bills and any notices under this Agreement to the Address.

  9. Any bill or notice from us to you shall be deemed served at the Address within 48 hours of either posting or dispatch by Email, the method of transmission being at our sole discretion.

  10. Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it was given. It does not affect our rights under the Agreement in any other way.

  11. This Agreement shall be governed, construed, and shall take effect in accordance with the laws of England. It shall be subject to the jurisdiction of the English Courts. You may have the option to refer certain disputes to arbitration, in accordance with our Code of Practice for Complaint handling.

2.1 Acceptance of Orders

  1. We will only be bound by your Order once your Email Address has been validated and any due diligence checks have been completed.

  2. It is your responsibility to verify that your email mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.

3. Your Account

  1. We will open an Account in your name in which all Charges will be recorded.

  2. Your Account is protected by the Password, which we will provide to you and you may change but must keep secure at all times.

  3. According to your Order, we will issue you with a 070numbers Number and make the Services available to you as soon as reasonably practicable.

  4. You may apply for additional 070numbers Numbers at any time to be added to the Account or an additional Account.

  5. Each Order for additional 070numbers Numbers accepted by us will be subject to the terms and conditions of this Agreement.

 

4. Password Security

  1. You must not reveal your Password to any third party, unless they are acting as your authorised agent.

  2. Regardless of the use of your authorised agent, you will remain liable at all times for the operation of the 070numbers Number under the terms of this Agreement until you request us to disconnect the said number in writing or until a third party accepts the transfer of the number by Signing a new Agreement with us for that number.

5. Minimum Term & Usage

  1. Unless we have otherwise agreed in writing, each 070numbers Number is issued to you for the Minimum Term of twelve (12) months from the date that we first make the service available to you.

  2. In order to conserve numbering resources and to comply with Ofcom numbering regulations, each connected 070numbers Number is provided to you on the basis that you receive at least one answered call per year, the Minimum Usage, to indicate to us that your 070numbers Number is still in use and still required by you.

 

6. Provision of Services

We will use reasonable efforts to make the Services available to you at all times. However, the quality and availability of the Services may be affected by factors outside our control such as fire, flood, land heave and subsidence, physical obstructions, atmospheric conditions, Acts of God, industrial action, default or failure of a third party, or governmental or regulatory intervention. The Services may also be affected by faults in other telecommunication networks to which the Network is connected.

In all such cases you agree that we cannot be held responsible for such events and that we shall have the right to claim force majeure and be absolved from all liability, except where explicitly stated elsewhere in this Agreement.

6.1 Service Provision

  1. The Service may not be available on all networks within the United Kingdom, nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.

  2. We may vary the technical specification of Service from time to time.

  3. The Network may from time to time require upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.

  4. We may record or monitor telephone calls between you and us (or our agents) for training, quality control and our lawful business purposes.

  5. You are solely responsible for evaluating the accuracy, completeness the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services, except in the case of negligence on our part.

6. 2 The services are made available to you on the basis that you :-

  1. must give us any information which we may reasonably request.

  2. must comply with any reasonable instructions issued by us which concern your use of the Services.

  3. must not use or permit anyone else to use the Services :-

    1. fraudulently, or in connection with a criminal offence, in breach of any law, regulation or statutory duty;

    2. to make a call or send a message which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;

    3. to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;

    4. other than in accordance with acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards;

    5. to generate AIT;

    6. to persistently send automated unsolicited communications.

  4. must not appear on the Ofcom Consumer Protection Test lists or the PhonepayPlus Prohibition List.

  5. must comply with any relevant PhonepayPlus regulations. Depending on your service use you may be considered by PhonepayPlus to be a service provider.

    1. Agree that by using the service, as a PhonepayPlus designated Network Operator, we may without notice, use your personal data to make various checks, including anti-fraud, with various regulatory authorities, including but not limited to PhonepayPlus and Ofcom.

    2. Indemnify 070numbers, as your Network Operator, from all liability, in case of your non-compliance with your obligations as a PhonepayPlus Service Provider.

  6. you provide us with an Address for billing purposes and that you maintain this Address and that you update your Account promptly of any changes to it.

7. Charges - What and How You Pay

  1. All charges, if applicable, are shown in the Price List. VAT will be added to all bills at the current and applicable rate.

  2. We may vary our Charges at any time if market conditions change. Normally, we will give you thirty (30) days' notice of any variations which are relevant to you, but see "Variation" below re: force majeure.

  3. You will remain liable for all Charges for the Services provided to a 070numbers Number Ordered by you, whether or not used by you.

  4. We reserve the right to apply a monthly financial limit for any Usage Charges incurred under your Account.

  5. We reserve the right to suspend access to the Services, in whole or in part, if your monthly billing limit is exceeded.

7.1 Monthly Billing

  1. Payment is due strictly when you receive your bill.

  2. If payment is not made on the due date, we may suspend the Services and charge interest on all sums outstanding at the rate of 2% above the base rate of Barclays Bank plc. The interest rate used shall be that in force on the bill date, and will be applied from the bill date until the date of actual payment.

  3. It is our current policy to bill you in advance for Service Charges and in arrears for any Usage Charges. We do reserve the right to amend the billing period and to submit interim bills to you. Connection Charges and Selection Charges are due at the time of Order.

8. Commission Scheme

Commission shall be calculated using relevant Call Data Records according to 070numbers's Commission Rates published from time to time, where:

  1. Commission Rates are in pence per minute and are applicable to minutes at the published Threshold level and up to but excluding the next Threshold level.

  2. Commission Rates exclude any applicable VAT, which must be added to the invoices of UK VAT registered customers, along with the VAT number.

  3. 070 Call Commission (known as End User Revenue Sharing by Ofcom) is not currently available due to Ofcom restrictions.

8.1 Commission Payments - Cash

Is made on the following terms:

  1. You have requested a Commission Statement, when logged into your Account and have received the Commission Statement at your Email Address within one working day.

  2. Payment to you will be made upon receipt of the documents specified with the Commission Statement, plus a valid tax invoice quoting the Commission Statement Reference Number.

  3. On daytime national to national calls.

  4. 35 days from the end of the month, following the date your invoice is received by us.

  5. By cheque or direct bank transfer only, as requested by your Invoice.

  6. Your invoice address must be identical to your Postal Address (as registered in your account).

  7. Subject to the satisfactory outcome of our due diligence process, this being based on the PhonepayPlus recommended due diligence process.

  8. Commision will only be paid if revenue is over £100

If you fail to comply with the above process within 30 days of the Commission Statement issue date, then your claim will automatically become void.

We reserve the right to withhold payment in the event of failure to meet the above terms or that we have reasonable grounds for suspecting AIT or other fraudulent or unlawful activity.

8.2 Your Obligations

By receiving Commission in respect of your promotion of our Services you agree that you:

  1. accept that you are acting independently and not as part of 070numbers.

  2. shall not make any representation for or on behalf of 070numbers.

  3. shall immediately bring to the attention of 070numbers any improper or wrongful use of our Trademarks.

  4. shall not share with end users any revenue obtained from providing a Personal Numbering Service in accordance with Personal Numbering acceptable use policy as published by Ofcom or its legal successors.

  5. fully comply with all relevant PhonepayPlus Service Provider regulations.

9. Liability

  1. We accept liability without limitation for death or personal injury resulting from our negligence and, where you deal as a consumer (as defined in Section 12, Unfair Contract Terms Act 1977) for any breach by us of any obligation implied by statute to use reasonable skill and care in the provision of the Services.

  2. We also accept liability up to a maximum of one thousand pounds for direct physical damage to or loss of property resulting from our negligence.

  3. You are required to notify us of any claim as soon as reasonably practicable and in particular, within ten (10) days of your suffering any alleged physical damage to or loss of property. This Section specifies our entire liability (including liability for negligence) to you.

  4. Except as provided above, we shall not be liable for any loss, damage or injury to you whatsoever or howsoever whether direct or indirect, consequential or contingent and whether foreseeable or not. In particular we shall not be liable for any financial loss, loss of business, profit, savings, revenue use, or goodwill. All other statutory express, implied, or collateral terms, conditions, or warranties are negated and excluded.

  5. We will not be liable to you in any event if we are unable to perform an obligation or provide the Services to you because of any factor outside of our control, including but not limited to Acts of God, industrial action, default or failure of a third party, governmental or regulatory intervention.

  6. You are required to indemnify us in respects of any costs or legal fees incurred by us as a result of any breach of this Agreement by you.

10. Suspension of Services

We may suspend the Services in whole or in part and disconnect any 070numbers Number from the Network, and close your account, at any time without notice if:

  1. you provide us with an invalid Address.

  2. you fail to maintain a current and valid Address for us to communicate with you or if we find any of your information to be false at any future date.

  3. the Network breaks down, or requires modification or maintenance. We will use our reasonable efforts to keep such events to a minimum.

  4. you do not comply with any of the terms of this Agreement or you exceed any financial limit imposed by us under this Agreement.

  5. you act in such a way that the operation of the Network will be jeopardised or impaired.

  6. you become listed on the Ofcom Consumer Protection Test lists or the PhonepayPlus Prohibition List.

  7. you fail to comply with Ofcom or the PhonepayPlus regulations.

  8. you do not use your 070numbers Number to answer a call for a continuous period of twelve (12) months, then in order to conserve numbering resources and to comply with Ofcom numbering regulations, your number will be automatically disconnected and may be returned to stock for resale. In the event, that the last number on any account is disconnected by us, we reserve the right to close your Account, in which case all your accumulated commission minutes will be lost.

10.1 Charges and Reinstatement

  1. You will remain liable for all Charges during the period of the suspension unless, at our sole discretion, we decide otherwise. For example, we would waive charges in the unlikely event that the Network suffered a complete breakdown.

  2. If you require reconnection we reserve the right to make a charge for any reconnection and apply different payment terms to you as a condition of reconnection, except only in the circumstances where the Network breaks down, or requires modification or maintenance.

  3. Where any such suspension occurs, we shall send you Notice in writing to your last known Address. You shall be liable for any administration charges we deem applicable to unbar your number and/or Account.

11 Variation

  1. We may vary any of the terms and conditions of this Agreement from time to time including charges if new legislation, statutory instruments; or other governmental or regulatory interventions make it necessary.

  2. In such cases we will use our reasonable endeavours to provide thirty days notice of such changes only providing that such interventions are made firm by the regulatory authorities ninety days prior to the planned date of enactment of the said interventions. This is to permit us reasonable time to design, test, modify service changes, including software and hardware systems and vary contract with our suppliers, such as BT. In the absence of us receiving the said ninety days notice, we reserve the right to change our terms without this notice period notice.

  3. In all such cases you agree that we cannot be held responsible for such events and that we shall have the right to claim force majeure and be absolved from liability, except where explicitly stated elsewhere in this Agreement.

  4. Please note this Agreement is updated from time to time. Changes will be posted on our website at:www.070numbers.com/terms-and-conditions. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.

12 Termination - When the Agreement Ends

12.1 Termination by Us

We may terminate this Agreement in whole or in part immediately if:

  1. you request to be removed from our Service update notifications which we may send you from time to time, you agree to waive all rights to use the 070numbers Service.

  2. you fail to comply with Ofcom or PhonepayPlus regulations.

  3. you do not maintain your current Address in your 070numbers Account.

  4. you are in breach of any of the terms of this Agreement and you do not remedy the breach within 7 days of the date of a written notice from us specifying the breach.

  5. you make, or offer to make, any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against you; or if you are a limited company and any resolution to wind up that company is passed, or if a receiver is appointed over the whole or any part of such company's assets, or if we reasonably anticipate that any such events are imminent (in either case) if you take or suffer similar action on account of debt.

  6. any licence to run the Network, whether issued under the Wireless Telegraphy Act 1949 to 1967, the Telecommunications Act 1984, the Communications Act 2003, any relevant EU directive or otherwise is revoked, terminated or modified for any reason either in whole or in part.

  7. we cease to make the Network available for any reason.

  8. if we terminate this Agreement for any reason other than (vii) above, you must pay all outstanding Charges on your Account, including outstanding Service Charges for any 070numbers Number still within its Minimum Term.

  9. In the event, that the last number on any Account is disconnected for any reason, we reserve the right to close your Account, in which case all your accumulated commission minutes will be lost and your Agreement may be terminated, at our sole discretion.

12.2 Termination by You

  1. If you terminate this Agreement for any reason you must pay all outstanding Charges on your Account

  2. If there are no outstanding charges and you want to terminate this Agreement or any individual 070numbers Numbers under it, you may do so at any time, without charge by using the "Disconnect Number" facility made available on the Website, at which point the 070numbers Number will be returned to us for reallocation to another customer after the Quarantine Period.

  3. In the event, that the last number on your Account is disconnected by you, we reserve the right to close your account, in which case all your accumulated commission minutes will be lost.

13 Our Complaints Procedure

  1. To ensure that any complaint can be fully investigated and resolved satisfactorily, 070 Numbers has a clearly defined Procedure that is as follows:

  2. In the first instance, we ask that Customers contact a Customer Service Advisor via one of the following methods:

    1. 2.1. Email: contact@070numbers.com - Email sent to this address is processed to the relevant Department
    2. 2.2. Tel: +44 (0) 330 1111 070 (10am - 6pm)
    3. 2.3. Post: 4 Keypoint, Keys Road, Nix's Hill, Alfreton, Derbyshire, DE55 7FQ
  3. In most cases, no further action will be necessary. However, if a Customer Service Advisor is unable to resolve the issue to your complete satisfaction, your complaint will be escalated to the Team Leader, who will contact you within 2 working days. Further investigation will then be undertaken. The Team Leader will then respond in writing within 10 working days of confirmed further investigation.

  4. If you are still not satisfied with the resolution or explanation provided to you by the Team Leader, you can make a further written complaint to the Complaints Review Department, who will respond in writing within 10 working days of confirmed receipt.

  5. If you are not satisfied with the resolution or explanation provided to you by the Complaints Review Department, they will provide the necessary information to enable a written complaint to the Director, who will respond in writing within 20 working days of confirmed receipt.


Telecom IQ Limited 070numbers.

Registered Office: 4 Keypoint Office Village, Keys Road, Nix's Hill, Alfreton, Derbyshire, DE55 7FQ.

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