TERMS AND CONDITIONS
Last updated 15/7/2008 UK
TERMS AND CONDITIONS ADDENDUM #1 (VOIP, FAX & SMS SERVICES)
This addendum is in addition to our full terms and conditions found here www.fabit.com/terms.aspx
Use of the Services
1.1 You represent, undertake and warrant to FAB that you will use Services provided FAB only for lawful purposes. In particular, you represent, warrant and undertake that:
1.1.1 you will not use the Services in any manner which infringes any law or regulation or which infringes the rights of or, causes annoyance, inconvenience or needless anxiety to any third party, nor will you authorise or permit any other person to do so;
1.1.2 you will not use the Services to post, link to or transmit:
any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
any material containing a virus or other hostile computer program; and/or
any material which constitutes, or encourages the commission of, a criminal offence or which infringes any intellectual property right;
1.1.3 you will keep secure any identification, password and other confidential information relating to the Services and shall notify FAB immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information;
1.1.4 you will observe the procedures which FAB may from time to time prescribe and shall make no use of the Services which is detrimental to FAB's other customers;
1.1.5 you will procure that the Services are used in accordance with all applicable legislation (including data protection legislation) and in a secure manner;
1.1.6 (if you are an individual), you are using the services for business use and are at least 18 years of age; and
1.1.7 (if you are a company), the Services will not be used anyone under the age of 18 years.
1.2 Whilst FAB will use reasonable endeavours to ensure the integrity and security of the Services, FAB does not guarantee that the Services will be error or interruption free or free from unauthorised users or hackers.
1.3 FAB may from time to time:
1.3.1 temporarily suspend part or all of the Services without notice for the purposes of repair, maintenance or improvement. FAB undertakes to use reasonable endeavours to restore the Services as soon as possible after any such suspension;
1.3.2 give instructions regarding the use of the Services which in FAB's reasonable opinion are necessary in the interests of safety or to maintain or improve the quality of the Services provided FAB and any such instructions shall, whilst they are in force, be deemed to form part of the Contract between You and FAB; and/or
1.3.3 vary the technical specification of the Services for operational needs.
2 Termination
2.1 FAB may terminate its Contract with you at any time, immediately upon written notice via post, email or SMS message if you:
2.1.1 breach any term of the Contract; or
2.1.2 are subject to Insolvency Proceedings.
2.1.3 if FAB consider your behaviour or interaction with any member of FAB staff to be inappropriate or abusive. In such an event, the final decision shall rest with FAB without burden of proof.
2.1.4 refuse to comply with any of FAB’s prescribed methods of interacting with FAB, which may change from time to time to account for FAB working practices, for example submitting support via support ticket.
2.2 Either you or FAB may terminate your Contract at any time upon at least 30 days notice to the other expiring on the last day of the Minimum Contract Term (if any) or at any time thereafter. If no Minimum Contract Term is specified, the Minimum Contract Term shall be deemed to equal the period for which the services were purchased. The notice to terminate shall take effect upon the last day of the notice period. In any event you must pay the Fees for all Services provided to you up to and including the date of termination or the Minimum Contract Term whichever is the later date.
2.3 FAB reserves the right to terminate any Contract at any time (notwithstanding any Minimum Contract Term) giving to you not less than 30 days prior written notice of termination. If FAB terminates your Contract under this clause 2.3 it will refund any Fees that you have paid in advance for Services that, as a result of FAB's termination of the Contract, you will not receive. A refund will not be paid if termination of the contract was due to any Illegal activities or abuse of the system/services provided.
2.4 Termination and/or expiry of your Contract is without prejudice to any rights and/or liabilities accrued as at the date of expiration or termination.
2.5 On termination or suspension of Services under the Contract FAB shall be entitled to immediately block access to any website or Service provided to You or hosted for You FAB as part of the Services and to remove all data located on it. FAB shall be entitled to delete all such data but FAB may, at its discretion, hold such data for such period as FAB may decide, to allow you to collect it at your expense, subject to payment in full of any amount outstanding under Contract and payable to FAB. FAB shall further be entitled to post such notice in respect of the non-availability of such service as FAB thinks fit.
3 Specific Conditions applicable to Email Provision, Telecom Services and SMS Services
3.1 FAB makes no representation, gives no warranty as to and accepts no liability in relation to your use of the Email Provision, Telecom Services and/or SMS Services the accuracy or quality of information received any person via the Email Provision, Telecom Services and/or SMS Services and/or any loss of or damage to any data stored or transferred via the Email Provision, Telecom Services and/or SMS Services.
3.2 FAB reserves the right to suspend any SMS account if it remains unused (namely if no outbound messages are sent) for a period of three months and delete any remaining credit balance, without refund. In the case where an account is active but credits remain unused after a period of twelve months or greater, FAB reserves the right to remove any unused credits from the balance of the account without refund.
3.3 Under normal circumstances one message credit is consumed per message delivery or attempted delivery. FAB reserve the right to charge internetworking or network termination fees or to deduct messages from an sms account balance of equivalent value to any internetworking or termination fees due. FAB reserve the right, without notice, to change the number of message credits used per delivery of an SMS message or to charge more than one credit for longer SMS messages.
3.4 message credits are non-refundable under any and all circumstances. In the case of non-delivery, if investigation as to the cause of the non-delivery is required, the customer must agree to pay any administrative charges levied by the delivering mobile network incurred by the investigation. Such charges may be estimated by FAB and charged in advance, with any refunds made after the final costs have been levied by the mobile network concerned. In any event, the outcome of such investigations will not result in the refund of any credits relating to failed messages.
3.5 inbound sms : in absence of any other agreement, FAB reserves the right to suspend any accounts where the amount of incoming or outgoing messages impinges on the provision of services to other users. In such instances the accountholder will be given an opportunity for compliance.
3.6 By purchasing our Voice over IP (VoIP) telephony services you understand that :
3.6.1 you may not get quality or reliability comparable to a conventional PSTN phone line and specifically, FAB does not offer any warranty or assurances of same;
3.6.2 the service may sometimes be unavailable as a result of circumstances beyond our control such as internet connections or other similar issues. Our services should not be used for accessing or attempting to access 999 or 112 type public emergency call services.
3.6.3 if you do connect to emergency services, we may not be able to pass your location details or number to the emergency operator - you must provide all information to the operator.
3.6.4 you may not be able to port your number away from FAB and in those circumstances where it is possible, a porting charge may be made by FAB.
3.6.5 the service is subject to different OFCOM regulations to that of a normal Publically Available Telephone Service (PATS) and that your rights for redress under such regulations may be affected.
3.6.6 inbound fax services may not always be available nor compatible with all sending fax equipment.
3.6.7 outbound fax services may not be compatible with all document types.