Terms and Conditions

Terms and Conditions

valid from 31st October 2014

Introduction

These Terms and Conditions apply to all persons, businesses or entities subscribing to or purchasing the services and products of IT&G.

Definitions

“IT&G” means the company providing and operating these services and products.
“Services and Products” means the services and products described and offered on our website.
“Customer” means the business or businesses, person or persons who are registered with IT&G
“Website” means our presence on the world wide web under http://www.itandgeneral.com which is available to the public.
“Account” means the record of transactions applicable to a user or users associated with IT&G
“Legislation” means laws or regulations governing the provision of goods or services between IT&G and registered users.
“Registered Partners or Affiliates” refer to associated persons or businesses appointed by IT&G to distribute our goods or services to end users.
“Acceptable Use Policy” means the guidelines provided by IT&G for acceptable use. These guidelines are shown separately on the IT&G website but may change from time to time. It is also available on request.

Provision of Service

The provider of this service is IT&G. We endeavour to provide this service to you without any delays, interruption or distortion. However, the service may at some times be unavailable without notice due to maintenance or system failure. No liability is accepted or compensation offered should the service be unavailable. All goods and services are provided in accordance with these Terms and Conditions, our Acceptable Use Policy and any applicable law existing from time to time. Please note that the Terms and Conditions posted on our website shall supersede all previous Terms and Conditions.

By purchasing our Voice over IP (VoIP) telephony services you understand that:

  1. You may not get quality or reliability comparable to a conventional PSTN phone line and specifically, IT&G does not offer any warranty or assurances of same;
  2. may sometimes be unavailable as a result of things over which IT&G have no control, for example, the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection and you understand that in such circumstances all services (including 999/112 public emergency call services) will also be unavailable.
  3. Connectivity to the public emergency services is subject to the above availability clause and the phone number and location details will need to be provided verbally to the operator.
  4. Where you use your VoIP service outside of mainland England, Wales, Scotland and Northern Ireland, you may not be connected to the domestic emergency services upon dialling the appropriate emergency number.
  5. Emergency operators and authorities may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the service is not operational for any reason, Emergency operators and authorities may also not be able to hold your line open in the event that you hang up.
  6. You agree to inform potential users of the services of the above limitations and you understand and accept that you should always have an alternative means of accessing 999/112 emergency services.
  7. If IT&G suspends or terminates the service you may NOT be able to dial 999/112. In the event that you do not have any remaining credit on your IT&G account, you will still be able to make 999/112 calls.
  8. in very limited circumstances, where a specific type of non-voice related service is on the line, you may not be able to port your number away from IT&G and where it is possible, a porting charge may be made by IT&G.
  9. Inbound fax services may not always be available nor compatible with all sending fax equipment.
  10. Outbound fax services may not be compatible with all document types.
  11. If your IT&G account or telephone number is terminated or suspended for any reason you may not be able to use remaining VoIP credit. No refund of unused VoIP credit will be given. Nor can remaining credit be allocated against outstanding invoices or used as payment for another service.
  12. Customer represents and warrants that he has (and will continue to have during use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Website to use Customer’s content for the purposes of the provision of the Service by Website, and otherwise to use Customer’s content in the manner contemplated by the Service and these Terms. Customer will held full responsibility of potential copyright infringement related to any content stored and used by him within Services provided to Customer by the Website.
  13. Upon completion of all registration information and acceptance of this Terms and Conditions, IT&G will provide you with, as applicable, a password, user ID, and/or PIN and telephone number. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your Account. You shall immediately notify IT&G if any unauthorized use of your Account or any other breach of security has occurred. In no event shall IT&G be liable for any unauthorized use of your Account.

Billing

Customers will pay a sum equivalent to one month’s service charges for the aggregate of user accounts and other services requested. IT&G have a right to bill services manually after they have been provided. Customer’s credit card will be charged after a trial period for the first month of use. After this initial payment, your credit card will be automatically charged on the first day of the subsequent months for the use of our service, until you cancel your subscription. If you purchase a service after the 19th day of the month, you will be billed for the time left in the current month, plus the full amount of the next month. United Kingdom VAT is applicable to all charges for goods and services for Customers based in United Kingdom and EU Customers without a VAT number.

Payment

In exchange for the goods and services supplied IT&G will accept most debit and credit cards. The types of cards acceptable will be shown on the website. All customers warrant that they are the legitimate owner of the credit or debit cards used for purchase of goods or services of IT&G; that the card(s) carry a valid card number; that the expiry date is subsequent to the date of use and that there is a valid security code on the back of the card. All users are hereby notified that the improper use of a credit/debit card could be a criminal offence. It should be noted that all customer payments are automated. On your credit card statement a purchase made on our website will be shown as: “TBC”.

Chargebacks

Customers who choose to file a dispute against any payment made to IT&G will pay an administration charge of £ 25.00 or their service will be immediately cancelled without refund. Cancellations must be completed using the correct procedure as outlined below.

Duration and Cancellation

You may cancel your subscription at any time by calling IT&G. Customer who believe they are incorrectly charged contact IT&G by completing our support on-line form within 10 days to obtain a refund. Should an error be found IT&G will make an immediate non-cash credit to the particular User’s account. Customer accounts which remain inactive will be automatically terminated where there is no activity on the account for a period of 180 days. However, the company will, send an email to such customers ten days before the end of this period reminding them of the impending action. All subscription payments are one month in advance and are non-refundable.

Termination

IT&G may terminate Customer subscription at any time, immediately upon written notice via post, email or SMS message if you:

  1. Breach any term of the Terms and Conditions or Acceptable Use Policy;
  2. Are subject to Insolvency Proceedings.
  3. If IT&G consider your behaviour or interaction with any member of IT&G staff to be inappropriate or abusive. In such an event, the final decision shall rest with IT&G without burden of proof.
  4. Refuse to comply with any of IT&G’s prescribed methods of interacting with IT&G, which may change from time to time to account for IT&G working practices, for example submitting support via support ticket.
  5. On termination or suspension of Services IT&G shall be entitled to immediately block any website or Service provided to You or hosted for You by IT&G as part of the Services and to remove all data located on it. IT&G shall be entitled to delete all such data but IT&G may, at its discretion, hold such data for such period as IT&G may decide, to allow you to collect it at your expense, subject to payment in full of any amount outstanding payable to IT&G. IT&G shall further be entitled to post such notice in respect of the non-availability of such website as IT&G thinks fit.
  6. If you are using any value added services, applications or features which are free of charge, these will end on the day your agreement with us ends.

Network Maintenance

We reserve the right to modify our Network, system configurations or routing configurations. Nothing in these Terms and Conditions will create or vest in you any right, title or interest in a Services, its configuration, or associated telephone numbers or addresses provided by us. We may, at our sole discretion and without liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the Network or in equipment used to deliver any Service over the Network provided that this does not have a material adverse effect on the committed Service.

We may, upon such notice as is reasonably practicable under the circumstances, perform scheduled or emergency maintenance (including temporary suspension of Services as necessary) to maintain or modify the Network or any network terminating equipment (“NTE”) (including software), which is owned by us or our suppliers, and installed at your premises to enable you to utilize the Services.

If your traffic is negatively impacting our Network, we may temporarily stop your Service to determine what is causing the impact. IT&G reserves the right to suspend service without prior notification.

Limitation of Liability and Disclaimer

IT&G will always endeavour to supply you with a reliable service. It must be understood, however, that the service may be affected or disrupted by weather, failure of the user’s internet service provider, hardware faults, criminal acts, service termination and other disruptions. In no event shall IT&G, its officers, directors, employees, agents, partners, affiliates or resellers be held liable for direct, incidental, punitive, indirect, exemplary or consequential damages, loss of internet telephone service, loss of profits or damages arising out of the use of the service, hardware or software programs.

Law and Jurisdiction

These Terms and Conditions shall be administered under the Laws of England and Wales.