Terms and Conditions of Use

Limitation of liability
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Service provision
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BCH(Bristol)Ltd shall provide the Call Control services on the basis that we will use our reasonable endeavours to maintain and support those services within the normal working day.

The customer is entirely responsible for programming and controlling
the timing and destinations, and transfer of all calls handled by
the service.

The customer is entirely responsible for ensuring that any software
that may be used by the interactive Call Control services, such as
the Microsoft Media Player, is available on the customerís equipment.

Customers utilising services installed by means of our automated Sign-up wizard are required to provide genuine contact details including a valid e-mail address. Not doing so will prevent us providing support and some features of the services. Accounts are set to pre-pay by credit card and, whilst calls using the available numbers will deliver calls to UK Landlines free of charge, calls to more expensive destinations will require money to be available on the account.

Our obligations under the agreement
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Our obligations are only to exercise all reasonable skill and
care expected of a competent service provider.

Data protection Act
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BCH(Bristol)Ltd are obliged to provide the regulatory bodies of Ofcom and PhonePayPlus together with certain Investigatory Authorities with information about resellers and customers, their companies and individual directors, including personal addresses and contact details, if requested to do so, and have registered to that effect under the terms of The Data Protection Act 1998. The information provided might also include call data, volumes and revenues but essentially that which may be required and is relevant to any investigation or complaint.

Information will not be provided to anyone not legally entitled to obtain or see it.

Liability
---------

BCH(Bristol)Ltd are not liable to you in any respect including any
liability for negligence, breach of statutory duty or for any loss of
revenue, business, contracts or profits, nor for any loss of value of
equipment or for any consequential loss however arising.

All resellers and customers are required to ensure their compliance with all relevant rules and codes of practice of Ofcom, PHONEPAYPLUS and any relevant preference services when utilising any services provided by us.

In particular the use of "Personal numbers" must be strictly in accordance with the Ofcom regulations or the associated service will be immediately ceased without any obligation to you for having done so.

Any breach by resellers or customers of the relevant rules or codes of practice must be remedied immediately upon being notified of that breach.
Any breach that results in a penalty, fine or administration charge being levied on BCH (Bristol) Ltd and those in breach will be responsible for reimbursing BCH (Bristol) Ltd the full amount of those sums of money within seven days of notification in writing.


Service interruptions
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BCH (Bristol) Ltd will not be liable for any delay in performing our
obligations under this agreement if the delay is caused by circumstances beyond our reasonable control (including, without
limitation, deficient performance or availability of the Internet or
any telephony services).

BCH (Bristol) Ltd undertakes to replace or repair any equipment and software required for this service within 24hours of notification of failure. Replacement of equipment is generally within 72 hours

Enhancements and developments
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BCH (Bristol) Ltd will change the software and hardware from time to
time to ensure, so far as it is reasonably able, that it is the most
mutually practical and commercially suitable for the services provided at any time. This may be done without prior notification.

Pre-pay accounts
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All payments for these account-based services provided will be
made in advance using the credit card processing feature included for
each customer. Any failure, for whatever reason, to maintain the
pre-pay account in credit will result in an automatic refusal to
provide the services. This service may be resumed once a payment is
made and accepted as a valid transaction leaving no arrears of monies
owed.

It is a condition of use that any payment made by credit card is valid for a maximum of six months from the date on which it is made. If it remains unused after this time it may not be reclaimed. Refunds of remaining balances may be made within the six months at the specific request of the customer or reseller. The amount refunded, if any, will be a maximum of the balance remaining on account at the date and time of the refund less an administration fee.

The balance held on account is recorded real-time in the user area of
the CallControl web site. The balance may also be confirmed to the
customer when accessing the service by telephone.

Monthly fees, when applicable, will be quoted as a monthly charge but
will be deducted from the balance remaining on the account on a daily
basis. The full charge for one month must be paid in advance as a
condition of registering for the service.


Post-pay accounts
-----------------

Customers utilising this type of account will be those who have a prior agreement with us to do so and who are most likely to be earning money from the provision of services.

BCH (Bristol) Ltd are not liable to you for any loss of revenue resulting from the failure of any supplier to pay monies accrued when using those services and when withheld as a result of any actual or suspected breach by you of the requirements of Ofcom, PhonePayPlus or any preference service. You are responsible for the payment to us of any fines, or penalties, by those organisations that result from your failure to comply with those requirements


Account retention
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Accounts, once activated, will be available for the use of the customer until such time as they have been unused for a period in
excess of six calendar months. After this time they will be deleted
automatically. Any sums of money remaining on account after this
period may not be reclaimed.


Credit Card Chargebacks
-----------------------

Should any client or customer initiate a credit card chargeback for any payment processed then that customer will have their account suspended without notice and the account will not be reactivated until the issue has been resolved to the satisfaction of
BCH(Bristol)Ltd.

Credit card chargebacks attempted after 6 months from the date on which the payment was made will be refused regardless of the reason.

Telephony tariffs
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The current tariff will be available to view in the CallControl web site. All tariffs exclude VAT but this is included when calculating the amount due from pre-pay account balances and is added as a charge in each call log for those account types.

We reserve the right to change any or all of the charges at any time to accommodate the changing costs for the provision of the telephony. We will endeavour to provide, via the web site, as much notice as possible of any changes that may be made.

Provision of telephone numbers
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The services being provided will be based on the issue of geographic,
national rate and freephone telephone numbers for all inbound calls into the services provided. No other number types will be used without the agreement of BCH (Bristol) Ltd.

Numbers will be issued automatically by the service and may be used
directly or indirectly in the provision of services.

The use of any premium rate and personal numbers are subject to the rules and codes of practice as issued by Ofcom and PHONEPAYPLUS from time to time. (See the "Liability" clause above) Any promotional material used in respect of these services must meet the requirements of the regulatory organisations. Any suspected or actual breach of the rules may result in suspension or cessation of the service at the discretion of BCH(Bristol)Ltd. The full cost of any penalties incurred will be passed on to the reseller and or customer as appropriate and it is a contractual obligation to pay this amount within seven working days of receipt of written confirmation of the amount.
Any promotional material used in respect of any premium rate services must be provided to BCH(Bristol)Ltd on demand and continued use of the services is conditional upon both compliance with the PHONEPAYPLUS code of practice and satisfying BCH(Bristol)Ltd of the compliance and integrity of the services.

Any one providing services requiring the prior permission of PhonePayPlus must ensure that this is obtained before any use is made of the associated services.

If we agree to the transfer or porting of any telephone numbers to other telephony service providers an administration charge of £100 per number will be applied and must be paid prior to transfer. It is a further condition that numbers are returned to us free of charge when they are no longer required by you. Any graded numbers that incurred a rental in respect of their use will continue to be subject to that rental irrespective of whether or not that number is transferred or ported to another service provider.

Call Recording
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Copies of the recordings of calls that have been recorded as part of our service functionality are backed up periodically and should normally be available from the backup discs that are retained for a maximum of five years, providing they were not deleted at any stage prior to that copy being made and the customer has specifically arranged for their retention. Whilst as a service provider we use our best endeavours to ensure compliance with our service level agreements we cannot be held responsible for failing to record or copy such calls.
Please note that where the customer has a specific arrangement with us that recordings of calls are not to be retained on our systems then those call recordings will have been irrevocably erased prior to service backup copies being made.
If copies of recordings are required from the backup discs then we will endeavour to obtain those for a fee to be agreed at the time of the request.


Security
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The customer undertakes to:
    1.  safeguard and keep confidential any Username and password
        allocated to them by BCH (Bristol) Ltd.
    2.  take all reasonable steps to protect the confidential
information and intellectual property rights of BCH(Bristol)Ltd.
    3.  not use the service for any illicit or immoral purpose.

Credit Card Services
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BCH(Bristol)Ltd provides credit card transaction services on the basis that customers have their own merchant facilities that are appropriate for the intended use.

All charges to be applied are subject to a separate agreement


Equipment and Intellectual property rights
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Ownership of all the equipment and software installed at the time of
implementation and subsequently developed and installed at any time
thereafter remains the sole property of BCH (Bristol) Ltd and no rights will be deemed to have passed, nor will they be assigned, to any other party at any time.

Dated: 12th April 2010