TERMS & CONDITIONS

UK Pay As You Talk Residential Account

These terms and conditions shall be governed and construed in accordance with the laws of England.

DO NOT WRITE YOUR 4-DIGIT SECURITY PIN ON YOUR ACCOUNT CARD

Definition: "Swiftcall" means the service provided by KDDI Europe Ltd.

PRE-PAID SERVICE

1. In order to protect access to the customer’s account from unauthorised persons, the customer:
   1. shall take care not to disclose account or security code numbers to another person, other than an authorised operator or technician employed by an approved telecommunications company for the purpose of programming software or equipment to access the Swiftcall system, or an employee or person authorised by Swiftcall.
   2. shall change the security code from time to time, or when the customer suspects the possibility of unauthorised present or future use of the account. In the case of suspected unauthorised use, the customer should inform Swiftcall immediately.
2. The customer agrees and undertakes:
   1. to use the Service in accordance with these terms and conditions as may be varied by Swiftcall either by written notice or by notice published in the national press from time to time.
   2. not to use the Service for any wrongful or unlawful purpose.
   3. to be responsible for any liabilities, claims, damages, losses and reasonable expenses arising from any breach of the customer’s undertakings in 2(a) and 2(b) above.
   4. to give written notification to Swiftcall of change in address.
      
      
3. Swiftcall shall not be liable to the customer for any direct or indirect loss (whether or not foreseeable) in the event of any failure by Swiftcall to provide the Service due to any circumstances beyond it's reasonable control including any failure by third parties that Swiftcall relies on to provide the Service.
   
4. Nothing in these terms shall exclude or limit liability for death or personal injury caused by negligence.
   
5. Disclosure of account details to persons other than the authorised employees of Swiftcall is entirely at the customer’s risk.
   
6. The customer shall be liable for all charges and fees arising from the use of the account whether authorised or unauthorised, unless such unauthorised use is solely attributable to an act or omission on the part of Swiftcall.
   
7. Subject to clause 3 above, where Swiftcall fails to provide the Service the total liability of Swiftcall to the customer is limited to the increased cost of obtaining a similar Service from an alternative indirect access Service provider.
   
8. Usage charges will be at the rates shown in the current pre-paid Swiftcall price list, and are subject to change without prior notice.
   
9. Any credit on the customer’s account which remains unused within 182 days from the date such credit is made to the account shall expire and will not be refundable.
   
10. The minimum top up amount is £25 (or such other sum as may be specified from time to time).
    
11. Any refunds that are authorised will be refunded in the manner in which the payment was made, at the prevailing exchange rate. Swiftcall reserves the right to use an alternative payment method where necessary. Any bonus or promotional credit entered on an account shall be non-refundable.
    
12. These terms and conditions also relate directly to other Residential Services that Swiftcall may offer save where specified terms apply for such Service, separate usage charges may apply.
    
13. Swiftcall reserves the right to close an account with a customer for any reason, and subject to clauses 9 and 11, will return credit unused at that time.
    
14. All accounts must be closed by the customer in writing. A written request to close an account must clearly state the customer’s account number and the customer’s intention to close said account. Where less than £5 remains in an account, Swiftcall will not refund unused credit.
    
15. Swiftcall shall have the right to make such enquiries as to the credit worthiness of the customer and the customer consents to the disclosure to Swiftcall by such parties of information relevant for such purpose.
    
16. The customer agrees that Swiftcall’s records are conclusive evidence of the customer’s use of the service and the charges payable. The customer accepts that use of the direct dial facility by any person making telephone calls from telephone number(s) nominated by the customer shall be deemed to be authorised by the customer and that the customer shall pay any charges arising from such use.
    
17. The customer shall pay a monthly rental charge for direct dial equipment supplied by Swiftcall (at its discretion) to certain selected customers on request. Such equipment shall remain at all times the property of Swiftcall and shall be returned to Swiftcall on demand or on termination of this Agreement.
    
18. If any term or provision, or portion thereof, of this Agreement shall be invalid or unenforceable, to that extent it shall be deemed omitted or omitted to the extent necessary to render it valid and enforceable, the remainder of the Agreement shall remain unaffected and in full force and effect.
    
19. These terms constitute a legally binding Agreement between swiftcall and the customer.
    
20. This Agreement may not be assigned in whole or part without the prior written consent of Swiftcall such consent not to be unreasonably withheld. Swiftcall may assign this Agreement at any time.
    
21. The termination of this Agreement howsoever arising shall not affect such of the provisions hereof as are expressed to operate or have effect thereafter.
    
22. Swiftcall’s address for Service of notices is KDDI Europe Limited, Swiftcall Customer Services, Atlas house, 1 King Street, London EC2V 8AU (or such other address as Swiftcall may specify).
    
23. Use of the Swiftcall Service constitutes acceptance of these terms and conditions.