PAYG Voice Conferencing Terms and Conditions

1. Definitions
a. “Call Charge” means the price charged to the caller by the network operator

b. “Contract” means, in order of precedence, these conditions and the Registration Process.

c. “Participant” means You and anyone You allow to use the Service.

d. “Registration Process” means the registration process completed by you via the Internet and through which you will receive a PIN code to access the Service.

e. “Service” means the facility to have simultaneous conference calls with other Participants through the telephone network that We agree to provide to You under this Contract.

f. “We”, “Our” and “Us” means PageOne Communications Limited trading as Critico.

g. “You” means the customer We make this Contract with and who is named in the Registration Process and/or the Participants as the context admits.

2. Duration
a. This Contract begins when You have successfully completed the Registration Process and received your PIN code to access the Service.

3. Availability
a. In providing the Service, We promise to use the reasonable skill and care of a competent service provider.

b. Subject to available capacity, the Service is available 24 hours a day 7 days a week although it may be necessary from time to time for Us to suspend part or all of the Service for routine or emergency maintenance and/or repairs and We shall, in so far as it is reasonably possible, provide you with a reasonable period of notice prior to any suspension of part or all of the Service for such purposes.

c. We do not guarantee that the number of connections required by You will be available at any given time or that the Service will be available to You at all times or that it will be free from faults or interruptions, but We shall make reasonable efforts to correct reported faults as soon as We reasonably can.

d. Occasionally We may have to give You instructions that We believe are necessary for health or safety, or for the quality of the Service that we supply to You or to our other customers and You agree to observe them; but before doing so, We shall give You as much notice as We can.

e. We may in Our sole and absolute discretion alter or improve the Service at any time, or change the code or phone number at any time and We shall, so far as is reasonably possible, provide You with a reasonable period of notice.

f. We are entitled to terminate this Contract for any reason, in which case We shall give you appropriate notice as soon as is reasonably possible.

4. PIN Code
a. You have no right to sell or to agree to transfer the PIN Code provided to You for use with the Service and Yyou must not attempt to do so.

5. Phone Numbers
a. Phone numbers or PIN Codes for the Service must not be advertised in or on a phone box without Our consent, and You must make sure that this does not happen. The action that We can take if this happens is explained in Condition 8.

b. You must access the Service using only the phone numbers issued to You.

6. Charges for the Service
a. We do not charge you directly for the use of the Service.

b. Each user of the Service, including You, will be charged the prevailing Call Charges for calls to the dial-in number applicable to the Service that you use.

c. All users of the Service will be invoiced the Call Charges on their standard telephone account issued by their telephone network operator at the prevailing Call Charge rate for calls to the dial-in number.

d. You should check with your telephone network operator to confirm the Call Charge rate for the dial-in number applicable to the Service that You use.

e. There are no cancellation or booking charges.

7. Your Responsibilities
a. You and the Participants must use tone-dialling telephones to dial-in to the Service.

b. You are responsible for the security and proper use of the PIN Code once You have received it from Us.

c. When You register for the Service, You must provide a current valid email address. This email address will be used by us solely to communicate messages about the Service to You or to inform You of Our other products and services. To be removed from Our mailing list Your PIN must be cancelled and You will no longer be able to use the Service.

d. If You or the Participants use a mobile telephone to access the Service, We may send You or the Participants occasional SMS messages. You can opt out of these messages by contacting us at the address or telephone number shown in Condition 13.

e. You will not acquire any title or other proprietary right to any intellectual property, including (but not limited to) any patents, know-how, registered or unregistered trademarks, design rights or copyright, relating to the Service, nor will You cause or knowingly permit anything to be done which may in any way damage or endanger any such intellectual property. You will notify Us of any suspected infringement of Our intellectual property of which You become aware and will take all reasonable action as We direct in relation to that suspected infringement.

f. You must use the Service within the law and as governed by relevant UK legislation including, but not limited to, the Data Protection Act, the Telecommunications Regulations, and any other relevant Codes of Practice guidance as issued from time to time by the relevant authorities.

8. Misuse of the Service
a. Nobody shall use the Service:

i. to make offensive, indecent, menacing, nuisance or hoax calls; or

ii. fraudulently or in connection with a criminal offence; and You must take all reasonable precautions to ensure that this does not happen; or

iii. in a way contrary to the PageOne Acceptable Use Policy which is available on request.

b. The action We can take if You misuse the Service is explained in Condition 11.

c. If a claim is made against Us because the Service is misused and You did not take all reasonable precautions to prevent that misuse, or did not notify Us of that misuse at the first reasonable opportunity, You must reimburse Us in respect of any sums We are obliged to pay and any other reasonable costs that We have incurred.

d. Voice calls may be recorded and the recording used for the sole purpose of investigating abuse of the Service.

9. Confidentiality And Data Protection
a. We will at all times keep confidential information acquired as a consequence of this Contract in respect of You or Your business, except for information already in the public domain or information which We are required by law, requested by any regulator, or reasonably required by our professional advisors to disclose for the performance of their legal obligations or professional services.

b. You will at all times keep confidential all information acquired as a consequence of the Contract in respect of Us, the Service or any network operator, except for information already in the public domain, or information which You are required to disclose by law, requested by any regulator or reasonably required by Your professional advisors for the performance of their professional services.

c. You and We shall comply with the Data Protection Act 1998 and all regulations made under the Act in processing any personal data, including telephone numbers and email addresses in connection with this Contract (Participant Data)

d. We shall treat Your Participant Data as confidential and We shall not disclose it to any third party or use or copy any part of it except for the purposes on making the Service available to You and providing any technical or customer service support required. We will make no further use of Your Participant Data without Your specific authorisation.

10. Limitation of Liability
a. We do not recommend use of the Service where non connection or loss of connection carries a material risk to You. Accordingly You may only use the Service if you accept that all such risk is Yours and You should insure against such risk accordingly.

b. To the extent allowed by law We disclaim all liability for the use of the Service, in particular and without limitation:

i. any liability We have of any sort (including any liability because of Our negligence) is limited to the costs of the call charges incurred for the call in question.

ii. We have no liability for any unauthorised use or misuse of the Service by You or anyone else.

iii. We have no liability in contract, tort, negligence or otherwise to any Participant of Your conference call for any economic loss (including, but not limited to, any loss or profits, business, contracts, revenue, turnover or anticipated savings) or for any indirect or consequential losses, whether or not they were foreseen or foreseeable.

iv. matters beyond Our reasonable control – if We cannot do what We have promised in this Contract because of something beyond our reasonable control including, but are not limited to; lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority, or industrial disputes of any kind, (including those involving Our employees), We shall not be liable for this. If any such events continue for more than three months, We may terminate this Contract by giving You notice.

v. We shall not be liable for the content or use of the Service, nor shall We be in any way liable for any failure to make the Service available to You or maintain the availability of the Service to the extent that such failure results from a technical or other failure on the part of any network operator or any other event which is outside Our reasonable control.

c. Nothing in the Contract will in any way exclude or limit either party’s liability to the other for death or personal injury caused by the negligence of that party or its employees.

d. Each part of this Contract that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.

11. Termination or Suspension of PIN Code
a. We may at Our option suspend the PIN code and Your access to the Service or terminate this Contract:

i. immediately, if You materially breach this Contract and/or We believe that the Service is being used in a way forbidden by Condition 8a. This applies even if You do not know of such misuse. We shall inform You of such suspension or termination as soon as reasonably possible and explain why We have taken this action;

ii. upon reasonable notice if You breach this Contract and fail to remedy the breach within a reasonable period of being asked to do so.

b. If We suspend the PIN code, it will not be restored until You satisfy us that You will only use the Service in accordance with this Contract.

12. Variation
a. We may change the conditions of this Contract at any time. We shall give you as much notice as reasonably possible of any change to these conditions.

b. You may not transfer this Contract or any part of it to anyone else.

c. You may cancel this Contract at any time by writing to Us at the address in Condition 13a, but such cancellation will be ineffective to the extent that You continue to use the Service.

d. If You do not use the Service for at least 6 months We reserve the right to withdraw the PIN allocated to You.

13. How to give us notice:
a. Any notice under this Contract must be delivered or sent by facsimile or pre-paid post or by e-mail as follows:

i. to Us at PageOne Communications Limited, 2 Brentside Executive Centre, Great West Road, Brentford, Middlesex, TW8 9DA, or any other address we may give you.

ii. to Us via facsimile sent to +44 8450 518700

iii. to Us via email sent to info@pageone.co.uk

iv. to You at either the postal or e-mail address You gave Us during the Registration Process.

14. Third Party Rights
a. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

15. Prevailing Law
a. This Contract is governed by the law of England and Wales. Disputes arising here shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Terms ref: VC May 10