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UK 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
All references to "Swiftcall" below are to Swiftcall Limited.
PRE-PAID SERVICE
In order to protect access to the customers account from
unauthorised persons, the customer:
- 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.
- 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.
The customer agrees and undertakes:
- 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.
- 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).
- to indemnify Swiftcall against all liabilities, claims, damages, losses
and expenses arising from any breach of the customers undertakings
in 2(a) and 2(b) above.
- to give written notification to Swiftcall of change in address.
- In the event that the Swiftcall service fails to operate and
the customer diverts traffic to another carrier, Swiftcall will
not be responsible for that carriers charges.
- Neither party shall be liable to the other in contract, tort
or otherwise for any loss of business, contracts, anticipated
savings or profits or for any other indirect or consequential
loss whatsoever provided however nothing shall exclude or limit
liability for death or personal injury caused by negligence.
- Disclosure of account details to persons other than the authorised
employees of Swiftcall is entirely at the customers risk.
- 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.
- Swiftcall will use its reasonable endeavours to provide its
service to the customer. However, when Swiftcall is unable to
provide its service to the customer, the customer is free to utilise
another telecommunications service until access to Swiftcall is
reinstated. Swiftcall will not be held liable for ANY charges
or damages to the customer should the customer be prevented from
accessing the Swiftcall system.
- Usage charges will be at the rates shown in the current pre-paid
Swiftcall price list, and are subject to change without prior
notice.
- Any credit on the customers account which remains unused
within 182 days from the date such credit is made to the account
shall expire and will not be refundable.
- The minimum top up amount is £25 (or such other sum as may be
specified from time to time).
- 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.
- These terms and conditions also relate directly to other services
Swiftcall may offer.
- 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.
- All accounts must be closed by the customer in writing. A written
request to close an account must clearly state the customers
account number and the customers intention to close said
account. Where less than £5 remains in an account, Swiftcall will
not refund unused credit.
- The Customer by continuing to use the service consents to Swiftcall
sharing customer information including use of the service with
KDD Europe Limited and any company affiliated to Swiftcall as
Swiftcall considers necessary for the provision of the service.
- 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.
- The customer agrees that Swiftcalls records are conclusive
evidence of the customers 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.
- 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.
- 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.
- 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.
- 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.
- The termination of this Agreement howsoever arising shall not
affect such of the provisions hereof as are expressed to operate
or have effect thereafter.
- Swiftcalls 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).
- Continued use of the Swiftcall service constitutes acceptance
of these terms and conditions.
- Only one £5 new account bonus will be added to a customers account
when opening a Swiftcall account online.
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