Swiftcall Unlimited Residential Account

Definitions:
"Address Validation Code" means a code supplied by Swiftcall for use by a customer to unlock his/her account to gain access to and use of the Service.
"Account Activation Date" means the date the customer unlocks his/her account as set out in clause 6.
"CLI" means call line identification.
"Charges" means the customer charges and rates set out in Service price list (available upon request or by visiting www.swiftcall.co.uk.
"International Destinations" means international destinations as specified by Swiftcall from time to time.
"Service" means the Swiftcall Unlimited subscription service.
“Swiftcall” means the services provided by KDDI Europe Limited.
"UK Calls" means both local calls and national calls in the UK in each case to a land line number in the UK

1) To be eligible to apply for this Service the customer must be aged eighteen years or over and have the following:
(a) a credit card or debit card, and
(b) a land line phone and/or a mobile phone.

2) Access to the Service for each customer is limited to a nominated land line phone and/or a mobile phone which must be registered to provide CLI for Swiftcall. Mobile operators may charge the customer for access to this Service.

3) When registering for the Service the customer irrevocably authorises Swiftcall to automatically charge a designated credit card or debit card for subscription fees payable during the Agreement. All payments shall be charged to the card details provided by the customer during registration.

4) The customer shall pay in advance a monthly subscription fee of £19.99 (inclusive of VAT) (as varied by clause 8) for free UK calls and calls to specified International Destinations (other than to premium rate and non-geographic numbers). Such calls are limited to land line phones only for the first 75 minutes per call, any call exceeding 75 minutes duration shall be charged at the relevant rate specified in the Charges.

5) The customer agrees the first subscription fee payment shall be made when the customer opens a Swiftcall account, followed by second subscription fee payment one month from Account Activation Date. The third subscription fee payment shall be payable two months from the Account Activation Date or earlier on the last day of the month if such date falls on 29th 30th or 31st of such month. Thereafter payment shall be made monthly on the same basis.

6) On opening a customer account Swiftcall shall forward a "welcome pack" including a unique Address Validation Code to the customer's address. The customer must use such code to unlock the account by phoning 0800 769 5000.

7) The customer shall prepay Swiftcall for any chargeable calls authorising credit/debit card payment(s) by phoning 0800 769 5000 (or such other number(s) specified by Swiftcall) and following the voice prompts. Each such payment shall be for £10 (or such other sum as Swiftcall may specify from time to time). For the avoidance of doubt any such payment cannot be used to pay a subscription fee referred to in clause 4.

8) Swiftcall may review the monthly subscription fee payable at any time by giving 30 days notice.

9) In order to protect access to the customer’s account from unauthorised persons, the customer:
a) 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.
b) In the case of suspected unauthorised use, the customer should inform Swiftcall immediately.

10) The customer agrees and undertakes:
a) 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.
b) not to contravene the Telecommunications Act 1984 or any relevant regulations or the provisions of any other applicable legislation or statutory instruments (including any amendments or modifications thereof).
c) to indemnify Swiftcall against all liabilities, claims, damages, losses and expenses arising from any breach of the customer’s undertakings in 10(a) and 10(b) above.
d) to give written notification to Swiftcall of change in address
e) that any information provided to Swiftcall shall be true, accurate and complete. .

11) 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 its reasonable control including any failure by third parties that Swiftcall relies upon to provide the Service.

12) Nothing in these terms shall exclude or limit liability for death or personal injury caused by negligence.

13) Disclosure of account details to persons other than the authorised employees of Swiftcall is entirely at the customer’s risk.

14) 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.

15) Subject to clause 11 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 or 125% of the subscription fees paid by the customer whichever is the lesser.

16) Usage charges will be at the rates shown in the current Charges price list, and are subject to change without prior notice.

17) The Service may be used only for residential use, the customer acknowledges and agrees that the Service will not be made available to anyone on a commercial or other basis or resupplied or resold to any third party. Swiftcall may terminate this Agreement without notice if of the opinion that use of the Service exceeds the usage reasonably expected of a residential customer.

18) All sums due to Swiftcall shall be paid in full by the customer without any set off whatsoever. If a credit card or debit card payment by the customer is dishonoured or cancelled Swiftcall will re-charge the customer for any related charges incurred by Swiftcall as a result.

19) Swiftcall reserves the right to charge interest on outstanding amounts until payment is received at a rate of 3% above Barclays Bank plc's base rate from time to time per month until actual payment, interest shall accrue notwithstanding termination of this Agreement for any reason.

20) Subject to clauses 23 and 27, subscription fee payments are non-refundable, any refunds of top up payments 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. Subject to clauses 23 and 27, where less than £5 remains in an account, Swiftcall will not refund unused credit. Any bonus or promotional credit entered on an account shall be non-refundable.

21) The customer may terminate the Agreement at any time by giving not less than one month's prior notice 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.

22) Swiftcall may terminate the Agreement immediately without notice in the event the customer fails to make payments when due or perform or observe any other obligations under the Agreement.

23) Swiftcall may terminate the Agreement at its discretion by giving not less than one month's prior notice in writing, in such event the customer shall be entitled to a pro rata refund of the subscription fee as at the termination date and the return of any unused credit (if any).

24) 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.

25) Swiftcall may at its sole discretion suspend the provision of the Service if the customer is in breach of the terms of this Agreement or if bankruptcy or insolvency proceedings are brought against the customer.

26) 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 any 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.

27) The customer has the right to a cooling off period and may cancel this Agreement for the Service within fourteen days of Swiftcall acceptance of an application (the opening date of customer's account) by calling Swiftcall's customer services department. In such event the customer shall be entitled to a pro rata refund of the subscription fee as at the termination date and the return of any unused credit (if any).

28) 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.

29) The display of an on-line application form on the Swiftcall web site amounts to an invitation to treat only and not an offer. Any completed application form received by Swiftcall shall be deemed to be an offer to open an on-line Service account. No contract shall be deemed to exist until Swiftcall provides the customer with access to the Service. Any such contract shall be deem to be concluded in England. Swiftcall reserves the right to refuse any offer.

30) The customer by using the Service consents to Swiftcall sharing customer information including use of the Service with KDDI Europe Limited and any other company affiliated to Swiftcall as Swiftcall considers necessary for the provision of the Service.

31) The customer by providing an e-mail address consents to Swiftcall furnishing call summaries by e-mail to such address.

32) Swiftcall reserves the right to vary the terms and conditions of the Agreement by giving the customer not less than fourteen days notice in writing or in the national press. The customer shall be deemed to have accepted any changes to the Service or the Agreement unless the customer notifies Swiftcall in writing of his/her intention to terminate the Agreement within 14 days.

33) 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.

34) This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other agreements made between the parties whether written or oral. No waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of any provision of this Agreement.

35) These terms constitute a legally binding agreement between Swiftcall and the customer.

36) 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.

37) The termination of this Agreement howsoever arising shall not affect such of the provisions hereof as are expressed to operate or have effect thereafter.

38) 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).

39) Use of the Swiftcall Service constitutes acceptance of these terms and conditions.

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