1.      DEFINITIONS

1.1   “Call” means the establishment of a connection between the customer and called party.

1.2   “Calling Account” means an account together with the Account Number issued by the Company under this Agreement for use with this Service.

1.3   “Account Number” means a number issued by The Company to the Customer for use with this Service.

1.4   “Customer” means the person to whom the Calling Account is issued.

1.5   “PIN” means personal identification number issued to the Customer by The Company.

1.6   “The Company” means Zipp Comms Ltd , 01, Sycamore Road, Amersham, HP6 5ED, being the provider of the Calling Account and services referenced in these Terms and Conditions. 


2.      SERVICE

2.1   The Company will provide the Calling Account to the Customer subject to the following Terms and Conditions (“Service”)

2.2   Upon successful application for a Calling Account and payment of the minimum top up fee, the Company will issue the Customer with an Account Number, PIN and Access Number.


3.      CHARGES AND PAYMENT

3.1   All charges are to be prepaid by the Customer. The minimum top up amount is £5.50 (50p bank charges,; may change from time to time). Payments can be made by credit/debit cards, cash and cheques. Please note that clearance and authorisation of funds is required prior to the prepayment being activated on the Calling Account. The billing Agent of the Company is Octrad(octrad.com) this is the name that will appear on Customer’s Credit/Debit Card billing statement.

3.2   The Customer shall be liable for all charges incurred on the Calling Account, whether or not such use was authorised by the Customer.

3.3   Charges will accrue following the commencement of use of the Service by The Customer.

3.4   The Company will use all reasonable endeavours to deactivate the Calling Account within 1 hour’s notice if the Customer advises of suspected fraud. All charges incurred prior to the deactivation will be payable by the customer.

3.5   From time to time, The Company will update its tariff and/or may amend these terms and conditions; this information is available on line and via Customer Services. Pricelists should always be checked against the information provided on line. Any use of the Calling Account following any amendments to the tariff and/or terms and conditions shall be deemed as acceptance of the amended tariff and/or terms and conditions.

3.6   Billing is 1 minute or 2 minutes depending on the length of call. A per minute surcharge is applied for calls originating from 0800 freephone access numbers. All rates are correct at the time of website update but the service provider reserves the right to change the rates without notice. The service provide cannot be held responsible for the performance of any fixed or mobile network. E&EO.


4.      SERVICE – THE CUSTOMER AGREES:

4.1   To keep the Account Number and PIN confidential. Any disclosure of the Account Number or PIN shall be at the Customer’s risk.

4.2   Not to use or attempt to use the Calling Account following a deactivation request by the Customer.

4.3   To make use of any reasonable written instructions provided by the Company in order to use the Calling Account.

4.4   Not to use the Calling Account for abusive, obscene, menacing or offensive communications.

4.5   To inform the Company immediately should the Customer suspect misuse of the Calling Account.

4.6   Not to use the Calling Account to infringe or violate any person’s rights.


5.      THE COMPANY’S RIGHTS

5.1   The Company cannot guarantee that the Service will be free of faults and uninterrupted. The Company may suspend the service from time to time in its reasonable discretion for reasons such as maintenance and fault repair. The Company will use all reasonable endeavours to keep disruption to a minimum.

5.2  The Company may make alterations to the Account Number, code, access number or any other name issued by the Company at any stage.

5.3  The Company shall be entitled to amend and/or update these terms and conditions on notice to the Customer.


6.  LIABILITY

6.1 The Company shall not be liable in any way for any direct, indirect or consequential loss including, without limitation, loss of profit, costs, damages and other liabilities of whatsoever nature arising from its provision of the Service including failure to provide the Service to the Customer.

6.2 The Company will only be liable to the Customer for the remaining prepaid credit on the Calling Account if the Company is in breach of this Agreement or is negligent.

6.3  The Company shall not be liable for any loss, inconvenience or damage suffered by the Customer as a result of termination or suspension of this Service.


6.4  Nothing in this Agreement shall serve to limit either party’s liability in respect of death and personal injury caused by or arising from either party’s negligence.

6.5   The Customer undertakes to hold the Company harmless from all and any liabilities including damages and claims arising from the Customer’s use of the Service.


7.      TERMINATION

7.1   This Agreement will remain in force until terminated by either Party: on not less than seven (7) days' notice in writing; or on notice taking immediate effect if the other Party has committed a material breach of this Agreement which is incapable of remedy; or on notice taking immediate effect if the other Party is subject to bankruptcy or equivalent proceedings, or becomes insolvent or makes any arrangement or composition with or assignment of the benefit of creditors or if any of its assets are subject to any seizure, or if it goes into liquidation either voluntary or compulsory, or if a receiver or administrator is appointed over any of its assets or business.


8.      COOLING OFF PERIOD AND REFUND

8.1   Compliance with Distance Selling Regulations Under the Distance Selling Regulations you have the right to cancel your Service for any account opened on our website or through our telesales team within 14 days of opening your Account. You are entitled to be refunded any unused funds remaining on your Account. To cancel your account you must notify us within 14 working days following the day of account opening. You must claim refund to us as required by these Terms and Conditions Should you wish to exercise your rights under the Distance Selling Regulations your order may only be cancelled in writing, by fax (02074424409) or by e-mail cs@smcall.co.uk For the safety and security of account details, telephone cancellations cannot be accepted. You can contact our Customer services department on 0207 442 0109 for further details. Any promotional credit/bonus awarded to open the account will not be refunded and will be deducted from the balance credit before payment refund if it has been used. After 14 days of cooling period either if you want to cancel your SMCall account or if you want a refund for any top-up done, a minimum of £5 admin fee plus used call charges and credit/bonus will be deducted from the final pay out.


9.      EFFECTS OF TERMINATION

9.1   Termination of this Agreement will be without prejudice to the rights and obligations of the Parties accruing prior to such termination.

9.2   In the event of termination, SMCall will refund to the Customer any amount which has been prepaid and is not accounted for by Call Charges up to the date of termination minus an administration charge of £5, if the credit level held in the account is less than £5 then the full amount held in the account will be charged.

9.3   Cancellation in accordance with the Distance Selling Regulations shall be processed in accordance with the Cooling off provisions set out in Clause 9.


Customer Personal Information

i. Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and/or agents and/or other authorised Parties to:

  • identify you when you make Telephone enquiries;
  • help administer any Accounts, the Service and other services and products offered by SMCall;
  • help to detect fraud, loss or criminal activity; and
  • write to, or Telephone, you with information about other services and products offered by SMCall and the SMCall related companies.
  1. In order to tell you about discounts and offers that may be available, we will process information about your use of the Account and of the Service, including the time you make calls and frequently called numbers to improve the services offered to you.
  2. In connection with this Agreement we may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and they will retain a copy of the search. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and for debt collection and fraud prevention purposes.
  3. SMCall does not generally issue itemised call records of your Account by default.
  4. You may inspect your call record and personal information held by SMCall via our web site as described on our website or by the customer services.
  5. You may request copies of personal information held by SMCall such as itemised records and personal information by a request sent via e-mail or by post to SMCall. There will be a nominal charge for the administrative work involved that will depend on the request made to cover reasonable costs of SMCall. The applicable charge can be explained by the customer services agents via e-mail or telephone before information is provided and costs incurred. Charges can be debited from the customer's account for ease of service and access to your personal information. Please refer to SMCall's privacy policy for full details on how SMCall handles personal information and subject access requests for information held on file by SMCall.

10.      GENERAL

10.1   Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstance beyond its reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute.

10.2   If any provision of this Agreement shall be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

10.3   No waiver of any provision of this Agreement or any rights or obligations of either party will be effective unless agreed in writing and signed by the relevant party waiving compliance.

10.4   This Agreement represents the entire understanding of the parties and supersedes all previous agreements, assurances, representations and arrangements between the parties.

10.5   References to the Company include to its successor in title and assigns. The Company reserves the right to transfer or assign all or part of this Agreement. The Customer may not assign or transfer this Agreement or the Calling Account.

10.6   Words in the singular shall be construed as including words in the plural and vice versa.

10.7   References in this Agreement to Clause are references to Clauses in this Agreement.

10.8   Headings are for convenience only and are not intended to affect the interpretation of this Agreement.

10.9   This Agreement shall be governed by and construed in all respects according to English Law. The parties shall submit to the exclusive jurisdiction of the English Courts.