Introduction

 

These Terms and Conditions ("TCs") constitute the full terms and conditions that apply to the agreement between You and Vectone Services Limited, a company registered in England and Wales with its registered address at 58 Marsh wall, London E14 9TP (Registration number 3500792), and supersede and replace any prior written or oral terms. Where any term specific to an Additional Service conflicts with any other term herein the term that is specific to that Additional Service shall prevail.

 

1. Definitions

 

1.1 "Vectone Account" means the account that We set up for You when We agree to provide You with the Service.

1.2 "Vectone Credit" means credit that You may purchase from time to time which is added to Your Vectone Account but which has no monetary value other than when used to pay for goods and/or services provided by Us. Vectone credit is expressed in the applicable currency.

1.3 "Vectone Service" means the ability to make voice calls and SMS using a Wi-Fi or data enabled mobile phone ("Mobile") or personal data assistant ("PDA"), whether directly or through the use of a peripheral device connected to a  PDA, where the Mobile, PDA or connected peripheral device fulfill the necessary technical requirements.

1.4 "Service" means the Vectone Service.

1.5 "Software" means the software provided by Us to You that is required to be installed before You are able to use the Service.

1.6 "Subscriber" means a party other than You who subscribes to the Basic Service.

1.7 "Vectone", "Our", "Us", and "We" means Vectone Services Limited, an English registered company with its registered address at 58 Marsh Wall, London E14 9TP.

1.8 “Vectone Calling Card” means any Vectone branded calling card that may used in conjunction with the Vectone Service a list of which can be found on www.vectoneaccess.com

1.8 "You" and "Your" means the person with whom We enter into this agreement with.

 

2. Vectone Service

 

2.1 In order to be able to make a voice telephone call to fixed or mobile telephone numbers Your Vectone Account must be in credit and there must be sufficient credit to make that telephone call.

2.2 In order to use the Service and any Additional Service, You are required to have and/or have access to a suitable Mobile (Wi-Fi/3G or GPRS enabled), PC , PDA or IP phone which is connected to the Internet or which is capable of being connected to the Internet.

 

2.3 Rates in force for the Vectone Services are those applicable to the Vectone Calling Card being used in conjunction with the Vectone Services.  

2.4 As the Service, or part thereof, is provided in part over the Internet and through the networks of third parties, We are unable to guarantee either the quality of any call or that any call that is placed using the Service will be connected or that, once connected, the connection will remain until that call is terminated.

2.5 We do not provide, nor are We obliged to provide You with, access to the Internet or traditional fixed and/or mobile telephone services and all rates and charges are exclusive of any costs You may be liable to pay to a third party for such access or services.

2.6 A daily maintenance charge subject pence may apply to Vectone Services as stated on posters for the Vectone Calling Card being used in conjunction with the Vectone Services. A per call connection charge may apply and vary according to call destination and duration time of call and the Vectone Calling Card being used in conjunction with Vectone Services.

2.7 Calls of less than two minutes duration will be charged on a per minute basis rounded up to the next full minute.  Calls longer than two but less than seven minutes will be charged in two minute increments.  Calls longer than seven minutes but less than ten minutes will be charged in three minute increments.  Calls longer than ten minutes but less than fifteen minutes will be charged in four minute increments.  Calls longer than fifteen minutes will be charged in five minute increments.

2.8 Rates may subject to change without notice.  Customers should check with their mobile service provider regarding any charges before using this product.

2.9 Vectone may disallow calls to some premium rate, geographic or non-geographic, international and toll free numbers.  Your service provider may charge you for connecting to the internet; we recommend you check this with your service provider before using this product.

2.10 Vectone may block account(s)/numbers if they are deemed to be a financial risk to Vectone because of non-payment of credit amount by wholesalers/ retailers/ distributors of credit vouchers.

2.11 When You make a telephone call using the Vectone Service, Your Vectone Account will be debited by the amount due in accordance with the applicable rate at the time that You made that call.

 

3. Safeguarding Your Vectone Account and Services

 

3.1 You agree that You are solely responsible for any calls made using Your user ID and password and for any transactions that take place on Your Vectone Account and that You are solely responsible for ensuring the confidentiality of these.

3.2 You may change Your password / PIN at any time online at www.vectoneaccess.com.

3.3 You agree to inform Us of any unauthorised use of Your Vectone Account within 24 hours of Your discovery of such unauthorised use by emailing Us at support@vectoneaccess.com.

3.4 You agree to indemnify Us against any and all claims and demands, costs, including legal fees, and other expenses incurred by Us made by any third party in respect of any unauthorised use of Your user ID, password / PIN and/or Your Vectone Credit and/or Vectone Account where You do not comply with paragraph 5.3 above.

 

4. Your Responsibilities

 

4.1 You agree that You are wholly responsible for the content of Your use of the Service and agree not to transmit any material which is illegal, unlawful, improper or which violates or infringes the rights of any third party.

4.2 You agree not to attempt to gain, or permit or allow actively or inactively to permit any third party to attempt to gain, unauthorised access to the Service or to use the Service to access the internet.

4.3 You agree not to resell the Service and/or any part thereof, nor to assign, licence or transfer Your rights in the Service or in Your Vectone Credit.

4.4 You agree to indemnify Us against any claim or demand arising out of, or due to, Your use of the Service.

 

5. Voicemail

 

5.1 As part of the Service, We provide You with a voicemail facility.

5.2 This facility is made available where You are offline but a third party attempts to telephone You and is free of charge but is subject to the limitations as stated on Our website at www.vectoneaccess.com.

 

6. Suspension and Termination

 

6.1 We may terminate this agreement or suspend the Service, or any part thereof, at any time where We determine that You are in breach of these TCs, have acted inconsistently with the spirit of these TCs, have violated Our rights, or the rights of any third party, where We suspect fraud or where We are obliged by any lawful court, regulator or other authority to terminate this agreement. 

 

7. Refunds

 

7.1 Where You believe You should be refunded You must write to Us at info@vectoneaccess.com detailing the reasons why You believe You should be refunded and providing any evidence You believe is relevant to Your request. We will consider any request for a refund on a case by case basis and if we decide to refund You all, or part of the amount, You claim, We will credit Your Vectone Account.

 

8. Miscellaneous

 

8.1 The Service is not designed to replace traditional telephony but to operate in conjunction with such traditional telephony. Accordingly You may not be able to call certain numbers that You call using traditional telephony such as the emergency services or international directory enquiries. Accordingly, We suggest that You do not use the Service to call such numbers and You agree that We will not be liable for the consequences of Your being unable to call those numbers using the Service.

8.2 As the Service, or part thereof, is provided in part over the Internet and through the networks of third parties, We are unable to guarantee either the quality of any call or that any call that is placed using the Service will be connected or that, once connected, the connection will remain until that call is terminated.

8.3 We do not provide, nor are We obliged to provide You with, access to the Internet or traditional fixed and/or mobile telephone services and all rates and charges are exclusive of any costs You may be liable to pay to a third party for such access or services.

8.4 Vectone may transfer or assign its rights or obligations under the agreement at any time. You are not permitted to transfer or assign Your rights or obligations under the agreement at any time.

8.5 This agreement is governed by the laws of England and Wales and both You and We agree to be subject to the non-exclusive jurisdiction of the courts of England and Wales.

8.6 A finding that any provision of these TCs is, or has become, invalid, illegal or unenforceable in any respect under applicable law shall not affect or impair the validity, legality or enforceability of any other provisions of these TCs.

8.7 Failure by any party, at any time, to enforce any of the terms of this agreement shall neither be construed as a waiver of any right or remedy nor shall in any way affect the validity of this agreement, or any part thereof, and no waiver of a breach of this agreement shall constitute a waiver of any subsequent breach.

8.8 The section headings in these TCs are for convenience only and have no legal or contractual effect.

8.9 Nothing in these TCs confers, or is intended to benefit any third party or to confer any right on any third party to enforce any term of this agreement.

8.10 We may amend these TCs at any time. Any amendment to these TCs that has a negative effect on You shall be notified to You and if You do not accept the amendment You shall be entitled to terminate this agreement.