“Business Day” |
means any day other than Saturday or Sunday that is not a United Kingdom Public or Bank Holiday; |
“Normal Business Hours” |
means 08:00 (am) to 18:00 (pm) GMT Monday-Friday, excluding all UK Public and Bank Holidays; |
“Commencement Date” |
means the date of our sending you an email confirming your Registration; |
“Parties” |
means you (the Customer) and Callsure. |
“Confidential Information” |
means all business, technical, financial or other information created or exchanged between the Parties in the course of fulfilling their obligations under the Agreement; |
“Intellectual Property Rights” |
means any and all intellectual property rights of any kind subsisting in any part of the world, whether or not registered and all applications, renewals and extensions of the same, including (without limitation) copyright , database rights, trade marks, patents or design rights and other rights in goodwill, know-how, trade secrets and other confidential information; |
“Agreement Term” |
means the period of time during which information relating to your User Account shall be held by us, and during which this Agreement shall subsist; |
“Service Term” |
means an agreed period of time during which a Service Package will be made available for your use as set out in these Terms & Conditions, being the Initial Service Term and any Service Term thereafter for so long as this Agreement subsists. The Service Term will automatically renew for successive Service Terms unless and until each side gives to the other one month’s written Notice in writing to coincide with the next renewal date or the Agreement is terminated earlier in accordance with clauses 12 and/or 13 or if you fail to pay any Repeat Rental Fee; |
“Initial Service Term” |
means the first agreed period of time during which a particular Service Package will be made available for your use as set out in these Terms & Conditions; |
“Callsure Dealer” |
means any individual, sole trader or business that has, by agreement with Callsure, contracted to sell Callsure Service Packages in exchange for a commission on the sale of such Service Packages and has been authorised by Callsure to do so; |
“Services” |
means the call handling and/or other services to be provided via Callsure; |
“Service Account” |
means the unique alphanumeric identity assigned to a single instance of your entering into agreement with Callsure for the provision of a Service Package; |
“Service Type” |
means an agreed combination of call handling and or other Services associated with a Service Account and provided according to an agreed Price Plan; |
“Service Package” |
means any combination of Service Account, Service Type, Price Plan and any other additional products or Services made available for your use for an agreed Service Term via Callsure or via a registered Callsure Dealer; |
“Price Plan” |
means an agreed level of Setup and Rental Fees and Tariff set by us and payable by you for provision of a Service Package; |
“Setup Fee” |
means a fee that may be set by us and paid by you at the start of the Initial Service Term in order that a Service Package may be made available to you; |
“Rental Fee” |
means a fee that may be set by us and paid by you at agreed intervals for the Service Term in which a Service Package is made available for your use; |
“Repeat Rental Fee” |
means a fee that may be set by us and paid by you at the end of a Service Term, in full or at agreed subsequent intervals, in order that a Service Package which you have held for one or more previous Service Terms be made available for your use for an agreed further Service Term; |
“Renewal Reminder” |
means a series of automated emails sent by us to your Correspondence Email Address during the month preceding the end of a Service Term giving Notification to you of the fees due for payment by you in order that a Service Package which you have held for one or more previous Terms shall continue to be available for your use for an agreed further Service Term; |
“Usage Fee” |
means the deductions payable from your Account Credit in accordance with your usage of the Service Package, at a Tariff specified by us and agreed by you on selection of a Price Plan; |
“Tariff” |
means the rate or rates at which Usage Fees will be deducted from your Account Credit in accordance with the terms of your Service Package; |
“Gold Fee” |
means a fee that may be set by us and shall be paid by you in order that a particular telephone number be made available to you as part of a Service Package; |
“Account Credit” |
means any payments made to Callsure as prepayment for Usage Fees according to your Price Plan; |
“Registration” |
means the submission by a Customer of Registration Data as required by Callsure, for the purpose of creating a User Account, and the acknowledgement by us that a Callsure User Account has been accepted by us and created; |
“Registration Data” |
means the information required by us from you for the purpose of creating a User Account, whether the information is provided directly to Callsure or to us via a registered Callsure Dealer; |
“User Account” |
means your Registration Data, dmID, associated Service Accounts, Account Credit and all information relating to this Agreement and any related activities of both Parties, held by us in subject to Clause 16 of this Agreement and displayed wholly or in part within your Clubhouse; |
“Unacceptable Use” |
has the meaning given in clause 6.3; |
“dmID” |
means the email address provided by you upon Registration, and thereafter used by you as a unique identifier when accessing your Clubhouse; |
“Clubhouse” |
means the control panel, accessible from our Website following provision of the correct dmID and password, through which you may view and manage your User Account and Service Package or Packages; |
“Correspondence Email Address” |
means a current email address provided by you in your Clubhouse, which may be but is not necessarily identical to your dmID, at which you are able to receive communications from Callsure; |
“Support” |
means reasonable efforts undertaken by Callsure Support personnel by telephone or email during Normal Business Hours or such other means we may determine (in our sole discretion) in accordance with the provisions of clause 5 to clarify or resolve queries in relation to your Service Package, when contacted by telephone or email in connection with same; |
“Fault” |
means interruption, downtime or loss of data relating to your Service Package where this occurs as a result of an error in our service provision; |
“Our Network” |
means the telecommunications network operated by us, responsible for switching our/your inbound and or outbound calls to and or from the chosen destination; |
“Our Chosen Carriers” |
means any third party telecommunications carrier or carriers we have pre-selected responsible for switching our/your inbound and or outbound calls to and or from the chosen destination; |
“Our Website” |
means our Callsure website … and subdomains thereof; |
“Formal Complaint Procedure” |
means the procedure whereby formal complaints are submitted to, and investigated by us. A copy of this procedure is available on our Website; |
“NGN” |
means an acronym for Non Geographic Number, which we license or loan to you, or port on your behalf from another Network to a Network of our choice; |
“Fraud Traffic” |
has the meaning given in clause 6.4. |
“Notify”, “Notification” |
means the procedure whereby we will inform you of routine changes to your Service Package or Packages. This may take one or more of the following forms:
a) an email to your Correspondence Email Address;
b) an article in a Callsure Customer newsletter sent via email; or
c) a notification in your Clubhouse.
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“Notice” |
means formal notice of exceptional matters regarding your Callsure Service Package or Packages, for example suspension or termination of your Service Package. Where Notice is served by us it will take the following form:
a) an email sent to your Correspondence Email Address;
b) a fax sent to the Fax Number provided in your Registration Data; and
c) a printed letter sent to the postal address provided in your Registration Data.
Where Notice is served by you it shall be sent in writing, by email and post.
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