Terms & Conditions

These terms and conditions (“Conditions”) shall govern the agreement between COM-TEL Telecom Ltd trading as COM-TEL, VoIP International, UKSAT and Lincolnshire Satellite Broadband (“us” or “we”) and the individual or organisation applying for the provision of the Goods or Services (“you”).

These Conditions take precedence if inconsistent with the material on our Website.

Important Information

The Customer accepts that the VoIP service offered by COM-TEL is a Voice Over Data Network service and as such, is dependent on the Customer’s connection to the data network and the data network itself. The Customer’s service may cease to function if there is a power failure or a failure in the data network.

999 / 112 Emergency Services and your COM-TEL service WILL NOT function during an electrical power or broadband provider outage, nor if your COM-TEL account has been suspended or terminated. It is therefore highly recommend that the Customer has an alternative means of contacting the Emergency Services such as a mobile phone or a traditional, wired phone plugged into the PSTN.

The Customer accepts that the location information passed to the emergency services will be restricted to the installation address of the primary line and that it is the Customers responsibility to notify COM-TEL of any changes to this address.

Services Provided

Subject to these Conditions, COM-TEL will provide to the Customer the services described in the specific package of services chosen. COM-TEL shall take all due care in the provision and maintenance of the service(s) to provide quality and reliability. In the event of any failure or malfunction within our networks, COM-TEL shall correct any failure or malfunction as soon as is reasonably practicable.

Security of Service

The Customer accepts total responsibility for the safety and security of their COM-TEL account and any equipment they may use to access the COM-TEL network and services. The Customer is required to instigate necessary safeguards to prevent unauthorised use of the COM-TEL network and services. The Customer also accepts responsibility for all persons using their username and password to access the service, whether authorised or not.

COM-TEL accepts no responsibility for any costs incurred by the Customer from unauthorised usage of the Customer’s account.

COM-TEL reserves the right to check the security of the Customer’s equipment in order to help identify possible security vulnerabilities or if they believe that its Conditions of use are not being followed.

Content of Information

COM-TEL undertakes no control, responsibility or liability whatsoever for the content of the information passing through its network. COM-TEL makes no effort to validate any information passing through its network for content, accuracy, usability or for any other reason.

Customer Conduct and Responsibility

COM-TEL will not tolerate bad language, verbal or threatening behaviour towards any of their staff or Officers under any circumstances. COM-TEL expects that their Customer Service representatives will act in a polite and courteous manner towards all customers, however, when faced with over demanding, threatening or abusive callers they are empowered to terminate calls and suspend a Customer’s account pending investigation.

COM-TEL reserves the right to determine what constitutes abuse of their staff or services.

Customers are required to keep their account in good order by logging in to their account on a regular basis via the customer portal accessed via the COM-TEL website.

Customers using the system inappropriately or misusing the 999 or 112 services will be immediately suspended.

Usage Policy

The Customer accepts and agrees to abide by the COM-TEL Usage Policy.

COM-TEL reserves the right to periodically amend these Conditions and the Usage Policy and the Customer accepts they are bound by any such amendments. The Customer is required to periodically visit COM-TEL’s website to review the Conditions and Usage Policy to ensure that the Customer is in full compliance.

In the event of any discrepancies between these Conditions and the Usage Policy, the terms of the Usage Policy shall prevail.

Overview

This Usage Policy has been created to ensure the privacy, reliability and security of the COM-TEL network and systems in order to preserve the reputation and integrity of COM-TEL as a responsible provider, and to ensure that COM-TEL complies with all relevant UK laws. As such, our Customers are expected to use the services in a legal and responsible manner as well as with courtesy and respect.

This Usage Policy must be read in conjunction with our Terms and Conditions and may be revised, without notice, at any time, at the sole discretion of COM-TEL. It is the Customers responsibility to ensure they comply with the latest edition at any given time.

COM-TEL, in their sole discretion, retain the right to terminate, delete or disable, without recompense, any account that breaches this Usage Policy.

All examples given in this Usage Policy are non-exclusive and given purely for guidance.

Overall Conduct

  • No material, that is unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, or give rise to civil liability, or otherwise violate any local, national or international law, statute or regulation, is to be communicated through COM-TEL’s services.
  • No material or data that is in violation of UK regulation or law is to be communicated, distributed or stored via COM-TEL’s services, including, but not limited to, any material protected by copyright, trademark, trade secret or any statute. Any such material discovered will be removed, by COM-TEL, from their servers.
  • Customers are prohibited from using COM-TEL’s services for auto-dialling, continuous or excessive call forwarding and/or call diversion, fax or voicemail dissemination and/or continuous or excessive inbound only services. Any use of the service that is, in COM-TEL’s belief, inconsistent with normal business usage patterns, will result in immediate disablement or modification of the service.
  • Maintaining accurate and current billing information is the responsibility of the Customer. Providing false information at any time and/or fraudulent use of credit/debit card or other banking information may result in immediate termination of the services and may expose the offender to civil or criminal liability.

Security

  • Customer login names and passwords must be kept secret and not be communicated to any third party in order to prevent unauthorised access to their account. It is the Customer’s sole responsibility to ensure the security of any such login details.
  • Customers are prohibited from circumventing user authentication or security of any host, network, or account.
  • Customers violating systems or network security may find themselves liable to criminal or civil action. COM-TEL will co-operate fully with any investigations of violations of security at other sites, including those of any law enforcement authorities investigating suspected criminal violations.
  • COM-TEL reserve the right to check the security of any Customer’s equipment or devices connected to its network if it reasonably believes that it may be at risk from external attack (hacking) or they believe that its terms and conditions are not being adhered to.

Privacy

  • COM-TEL will always attempt to protect the privacy of their Customers and will not, under any circumstances other than to comply with applicable laws and government requests, sell or knowingly disclose any customer data to any third parties. Full details of our privacy policy can be found on our website.

Non-Specific

  • COM-TEL reserves the right to suspend any account and/ or access to its systems or network during investigation of suspected or potential abuse of this policy.
  • Any Customers engaging in abuse of COM-TEL’s systems or network will be notified their behaviour is unacceptable and may have their account terminated if such abuse continues.

Fees and Payments

All fees for Services shall be in accordance with COM-TEL’s price list available on their website. COM-TEL may, at any time amend the services and/or the rates and fees it charges. Fees for renewal periods shall be due and owing immediately on the first day of such renewal period.

All Customers signing up for any COM-TEL service will be asked to read and agree to these Conditions before services can commence.

When the Customer purchases monthly services or sets up auto top-up, the Customer understands that this will automatically grant COM-TEL continuous authority on that credit/debit card or direct debit until such time as the service(s) or auto top-up are cancelled by the user.

In the event that COM-TEL are unable to take a continuous authority payment from the Customer’s credit/debit card or direct debit then the Customer will be informed by email and will be prompted to update their payment details in order for their services to continue.

If items remain unpaid after 5 working days, the services will be suspended until such time that all outstanding amounts have been cleared.

In the event that any amount due to COM-TEL remains unpaid after 30 days, COM-TEL, in its sole discretion, may immediately terminate this Agreement and any assets, including telephone numbers and calling credit will be irretrievably lost.

All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of COM-TEL) shall be paid by the Customer.

COM-TEL are not currently registered for VAT, therefore all prices are exclusive of VAT until such times as COM-TEL do become VAT registered. At that point VAT will be added at the appropriate rate.

Calling Credit and Services

Calling credits purchased will have a maximum validity of 12 months, after which time any unused amount will expire.

Dormant Accounts

Any calling credit and any other assets left on an account that has been dormant for longer than 6 months will be deleted and is not refundable.

Service Warranty

The Customer agrees to use all COM-TEL Services and facilities, and any information obtained through or from COM-TEL, at their own risk. The Customer further acknowledges and understands that neither COM-TEL, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. COM-TEL specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing.

Equipment Warranty

Warranty on equipment purchased via COM-TEL’s website is one year from the purchase date. The warranty covers equipment in normal use and environments for electronic equipment and does not extend to improper use, acts of God, or war. Any unauthorised alterations to equipment will invalidate the warranty.

COM-TEL’s equipment warranty is limited to repairing or replacing faulty equipment after testing by their engineers. The Customer is responsible for the cost of shipping any faulty items to COM-TEL.

Returns and Refunds

Any equipment purchased may be returned within 7 days of delivery providing it is unaltered, unopened and in a re-saleable condition. COM-TEL cannot accept returns of any item where the packaging has been unsealed. The Customer is responsible for any shipping costs when returning an item. A refund will only be given if the product is unaltered, unopened and in a re-saleable condition.

Please contact us before returning any item to us and we will advise you the address to return the item to and provide you with an RMA code. Please do not send your item to our registered address, as for security reasons we are unable to accept packages and your item will be returned undelivered.
No refunds will be given on cancellation for prepaid calling credits, or any of our monthly services.

Limited Liability

Under no circumstances, including negligence, shall COM-TEL, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to COM-TEL’s’ records, programs or services.

Indemnification

The Customer shall defend, indemnify, save and hold COM-TEL  harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys’ fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter Liabilities) asserted against COM-TEL, its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.

Termination

This Agreement may be terminated by:

  • The Customer, in writing at any time, providing all amounts owing are paid in full for the remainder of any contract period and the Customer accepts that no refunds will be paid for part periods, including any equipment, line or number rental and calling credit.
  • COM-TEL, at any time, upon 30 days prior notice if in the judgment of COM-TEL the Customer breaches any material provision of this agreement and has not resolved same by the end of the 30 days.
  • COM-TEL in the event of non-payment by the Customer as provided in ‘Fees and Payments’ above.
  • COM-TEL, at any time, without notice, if, in COM-TEL’s sole judgment, the Customer is in violation of any terms or conditions of COM-TEL’s Usage Policy.

Miscellaneous

This Agreement sets forth the entire agreement between COM-TEL and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without COM-TEL’s prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of COM-TEL’s services.

Call Recording

Please note that calls to COM-TEL may be recorded to help us in dispute resolution and for training purposes.

Complaints Handling & Dispute Resolution

COM-TEL are committed to providing excellent service and endeavour to respond quickly and fairly to any issues or complaints. We do realise that things can sometimes go wrong and therefore have a formal dispute resolution procedure in place which outlines the steps you should take if you have a complaint regarding any part of our service. The complaints procedure can be found on our website and provides details of the independent dispute resolution scheme to which your complaint may be directed if a satisfactory result cannot be reached.

If you have any questions or queries surrounding our terms and conditions, please contact us.

Version 24/09/2015