These Terms and Conditions apply to all persons, businesses or entities subscribing to or purchasing the VOIP services and products of Connectus.
“The Company” means Connectus 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 Connectus.
“Website” means out presence on the world wide web under Connectus.com which is available to the public.
“Account” means the record of transactions applicable to a user or users associated with Connectus.
“Legislation” means laws or regulations governing the provision of goods or services between Connectus and and registered users.
“Registered Partners or Affiliates” refer to associated persons or businesses appointed by Connectus to distribute our goods or services to end users.
“Acceptable Use Policy” means the guidelines provided by Connectus for acceptable use. These guidelines are shown separately on the Connectus website but may change from time to time. It is also available on request.
3 General Provisions
3.1 Provisions of service
The provider of this service is Connectus. We endeavour to provide this service to you without any delays, interruption, or distortion. However, the service may at sometimes 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:
3.1.1 You may not get quality or reliability comparable to a conventional PSTN phone line and specifically, Connectus does not offer any warranty or assurances of same. A pre installation Survey is available at a charge if required by the customer.
3.1.2 Service may sometimes be unavailable because of things over which Connectus 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 999/112 911 public emergency call services) will also be unavailable.
3.1.3 Connectivity to the public emergency services is subject to 3.1.2 above and the phone number and location details may need to be provided verbally to the operator.
3.1.4 Emergency operators and authorities may or may not be able to identify your phone number 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.
3.1.5 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 999/112 911 emergency services.
3.1.6 If Connectus suspends or terminates the service, you may NOT be able to dial 999/112 911. If you do not have any remaining credit on your Connectus account, you will still be able to make 999/112 911 calls.
3.1.7 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 Connectus and where it is possible, a porting charge may be made by Connectus.
3.1.8 If your Connectus 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.
3.1.9 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 be held fully responsible of potential copyright infringement related to any content stored and used by him within Services provided to Customer by the Website.
3.1.10 Upon completion of all registration information and acceptance of this Terms and Conditions, Connectus 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, always, 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 Connectus if any unauthorized use of your Account or any other breach of security has occurred. In no event shall Connectus be liable for any unauthorized use of your Account.
3.1.11 New customer accounts may be subject to security review during which some features may have limited functionality.
3.2 Billing and Payment
3.3 The Customer agrees to pay the Charges for the Service.
3.4 For the avoidance of doubt, connectus shall be entitled to charge Additional Charges in the event that any Services or work is requested by the Customer which fall outside the scope pf the agreed Service or which are to be completed by the Company outside Working Hours. Any Additional Charges shall become due and be invoiced on completion of the additional work.
3.5 The Charges are exclusive of Value Added Tax which shall be payable by the Customer at the applicable rate.
3.5.1 the Installation Charges will be invoiced on acceptance of order;
3.5.2 the Rental Charges will be invoiced monthly in advance; and
3.5.3 the Call Charges will be invoiced monthly in arrears.
3.6 Payment of invoices will be made in full by Direct Debit if no Direct Debit mandate is signed then a £75 per quarter service charge will be applied.
3.7 The Customer shall pay the Charges without off-set or deduction in pounds sterling by the due date specified herein. The Customer shall pay all Charges for the Service whether the Service is used by the Customer.
3.8 If the Customer fails to pay the Charges in accordance with these conditions, the Company may suspend the Service until payment is received in full and the Company may charge interest at the rate of 2% per annum above the base rate of Barclays Bank plc on nay amounts outstanding from the due date until payment is made in full. Service will continue to be billed during suspension of Services.
3.9 The Company will Charge a re-connection fee of £50+VAT to the Customer.
3.10 The Company may change the level of its Charges because of either:
3.10.1 any OFCOM direction, determination, order or similar decision; or
3.10.2 any notice issued by the Company’s telecommunications operators correcting an error in the amount or application of a charge or payment under its interconnect agreement with the Company or its service providers.
3.11 Incident Resolution
3.11.1 The Customer shall report any Incident in connection with Service to the Company, the Company will resolve the Incident in accordance with the published service levels agreement on the website.
3.11.2 If an Incident has been caused by the Customer or following investigation it is found that the Incident falls outside the responsibility of the Company or no Incident is found, the Company may Charge the Customer for any work that the Company has undertaken to investigate or fix that Incident (or work undertaken on the Company’s behalf) at the applicable time and materials rate. Any such Charges shall be deemed Additional Charges for the purposes of these conditions.
3.11.3 The Company shall be responsible for provision of the Service up to and including the Service Demarcation Point. The Company shall inform the Customer of this obligation and the relevant location of the Service Demarcation Point at the time of commissioning and acceptance of the Service by the Customer.
3.11.4 The Customer is responsible for the installation, configuration, performance, maintenance and use of the Service beyond the Service Demarcation Point.
3.12 Port In / out fees
An administrative fee is charged per number ported out from Connectus network. The applicable charges are 10 GBP for individual numbers, 35 GBP per Multi-Line and NGN’s.
An Administration charge for porting in numbers is £10 for a single number and £75 for a multi range.
3.13 Call Recording
These Call Recording Terms and Conditions apply where Connectus provides a client with a call recording facility, either discretely, or within any Connectus service, or any subsidiary service. These Terms and Conditions operate in conjunction with all terms and conditions applicable to those Connectus services.
3.13.1 Connectus retains the right to cancel the Call Recording service at any time, while providing as much notice as is reasonable to allow the download of any or all recordings via the client’s online account, for retention by the client.
3.13.2 Call Recording provides a capability for recording all inbound and outbound calls, dependent on the service to which the client is contracted. The following parameters are encompassed by the service:
- An announcement may be played to all callers who will be recorded by the facility advising of the intention to record the call and the intended use of the recording.
- A ‘whisper’ (a brief message before call connection) may be played to the client’s agent when the call is answered informing that the call has been delivered by Connectus.
- Customers agents may be configured to have the option to pause or end a call recording.
- Customers have the option to delete recordings via their online account at any time. All recordings will be retained for a period of 90 days unless otherwise specified on the signed customer order. or in accordance with the period specified on the web site(s) which detail the contracted service, where not specified in the contract. The recordings will be deleted automatically from your online account by Connectus after the agreed retention period, so clients will need to download recordings in advance of the end of the agreed period if recordings are to be retained beyond this period.
3.13.3 When utilising the recorded call data, the client must comply with all applicable laws and regulations, including without limitation the General Data Protection Regulation, payment Card Industry Data Security Standards and the Regulation of Investigatory Powers Act 2000. Use of the recorded call data and information therein must fall within the scope described by the announcement covered in 3.14.2 above, and must not exceed the scope allowed by the announcement played to the caller.
3.13.4 The client agrees to undertake to inform all employees, agents and other staff who may be involved in call recording in any way:
- That calls delivered by Connectus are recorded.
- How to pause or end a call recording, and the circumstances where it is appropriate to pause or end a call recording.
- That the applicable laws and regulations govern how recorded call data may, or may not, be used.
3.13.5 These Terms and Conditions remain in force for the period the client online account remains active, and thereafter for the duration of retention of any call recordings and recorded call data, including usage in any manner.
3.13.6 Connectus will only access call recordings when necessary to assist in administration and checking of the call recording service contracted to the client. Or when we have been asked to access the recordings by the client and within the parameters set out by the client.
3.13.7 The client remains the data controller of all call recordings and the information contained therein. Connectus acts as a data processor of the call recordings and the information contained therein. Connectus has satisfactory security requirements and will ensure the appropriate technical and organisational security measures are in place to protect all call recordings processed on the client’s behalf against accidental loss, damage to, or destruction of the personal data contained within the call recordings. Connectus will also ensure measures are in place against unauthorised or unlawful processing of the call recordings.
3.13.8 The client agrees to indemnify and not hold Connectus (and its subsidiaries) responsible for any loss of any kind suffered because of the client’s breach of these Terms and Conditions.
3.13.9 The client agrees to indemnify and not hold Connectus (and its subsidiaries) responsible for loss of any kind suffered because of inability to access any call recordings other than specific provisions that may be made under contractual Service Level Agreements between the client and Connectus.
3.13.10 Connectus will endeavour to maintain the highest standards of service quality and data security but cannot be held responsible for any loss of service or data which results from factors outside the scope of Connectus and its employees.
3.13.11 The client will comply with all aspects of these Terms and Conditions, but where there is any conflict with the applicable laws and regulations, the client must abide by the terms of the laws and regulations first and foremost.
3.14.1 No order for Services and/or Goods which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company because of cancellation.
3.14.2 The Customer is entitled to terminate their service once the contracted period stated on the order form has been reached providing 30 days’ notice. Please note the Customer will be responsible for ensuring all call recordings required have been downloaded prior to the termination date.
Connectus may terminate Customer subscription at any time, immediately upon written notice via post, email or SMS message if you:
3.14.3 Breach any term of the Terms and Conditions or Acceptable Use Policy.
3.14.4 Are subject to Insolvency Proceedings.
3.14.5 If Connectus consider your behaviour or interaction with any member of Connectus staff to be inappropriate or abusive. In such an event, the final decision shall rest with Connectus without burden of proof.
3.14.6 Refuse to comply with any of Connectus’ s prescribed methods of interacting with Connectus, which may change from time to time to account for Connectus working practices, for example submitting support via support ticket.
3.14.7 On termination or suspension of Services Connectus shall be entitled to immediately block any website or Service provided to you or hosted for you by Connectus as part of the Services and to remove all data located on it. Connectus shall be entitled to delete all such data but Connectus may, at its discretion, hold such data for such period as Connectus may decide, to allow you to collect it at your expense, subject to payment in full of any amount outstanding payable to Connectus. Connectus shall further be entitled to post such notice in respect of the non-availability of such website as Connectus thinks fit.
3.15 Network Maintenance
3.15.1 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 if this does not have a material adverse effect on the committed Service.
3.15.2 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.
3.15.3 If your traffic is negatively impacting our Network, we may temporarily stop your Service to determine what is causing the impact. Connectus reserves the right to suspend service without prior notification.
3.16 Limitation of Liability and Disclaimer
Connectus 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 Connectus, 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.