Terms and Conditions
Madasafish Talk Terms and Conditions
If there are any Terms and Conditions you do not understand, please contact Customer Services using the contact details set out on the Website at http://www.madasafish.com/contact. Calls to Customer Services and Technical Support may be monitored and recorded for training and quality assurance purposes.
1. Start of this Agreement
1.1 This Agreement will commence on the Commencement Date and will continue for 1 month ("the Minimum Period") and thereafter will continue, unless and until terminated by you or us in accordance with paragraph 10 below.
2. Registration Information
2.1 To register for the Talk Services, you must be at least 18 years of age and resident in the UK.
2.2 You warrant that all information provided to us, including the information in the online registration form, is absolutely true, complete and accurate. If any facts or information provided to us become inaccurate then you will tell us immediately of the changes.
2.3 You confirm that there are no facts or circumstances which have not been disclosed to us which would affect our decision to provide the Talk Services to you.
3. Our Provision of the Talk Services
3.1 You authorise us for the term of this Agreement to act on your behalf and you appoint us as your agent in all dealings with BT or any other Network operator in connection with the provision of the Talk Services to you and you consent to BT or any other Network operator providing us with your personal data and other relevant information to enable us to provide the Talk Services to you.
3.2 We will provide the Talk Services subject to these Terms and Conditions.
3.3 In certain limited circumstances, we may not be able to provide you with the Talk Services for technical reasons. If this happens we will do our best to let you know promptly.
3.4 Whilst we will use our reasonable endeavours to begin providing the Talk Services on any date agreed with you, we will not be liable for any failure to meet such a date.
3.5 We will provide the Talk Services to the main BT socket at your premises and cannot guarantee that the Talk Services will work from any extension sockets that you may have installed.
3.6 To use the Talk Services you will need a telephone. You will provide the telephone and will be responsible for its continued operation. You will not connect equipment to the Talk Services that causes damage to the Network and will remove any such equipment at our request.
3.7 You confirm that we have and any Licensed Operator supporting the Talk Services has your permission, on reasonable notice to:
(a) carry out any works on your premises for, or in connection with the installation, maintenance, adjustment, repair or alteration of the Talk Services;
(b) enter the premises to inspect, modify, upgrade or replace any equipment that you may have connected to the Talk Services.
3.8 Where on reasonable notice we tell you that we wish or any Licensed Operator supporting the Talk Services wishes to carry out any work set out in paragraph 3.7(a) you agree to:
(a) obtain all necessary consents, including consents for alterations to buildings, if applicable;
(b) provide any electricity and connection points required by us or by any Licensed Operator supporting the Talk Services; and
(c) provide a suitable, safe and appropriate working environment in accordance with our reasonable requirements or those of any Licensed Operator supporting the Talk Services.
3.9 We may suspend the Talk Services temporarily without notice in an emergency or in order to improve, maintain or repair the Talk Services or for other operational reasons. We will try, but cannot guarantee, to keep you informed and to keep interruptions to a minimum.
3.10 We cannot guarantee that the Talk Services will be uninterrupted or error free. If a fault occurs, you should report it by phone, email or in writing to our Technical Support Services using the current contact details set out on the Website at http://www.madasafish.com/contact and we will try to rectify the fault.
3.11 You will not normally be charged for fault repairs. However, you will be charged for engineer call outs and labour charges if:
(a) the fault is found not to be within the Network and is determined by the engineer to have been caused by you or your equipment, including but not limited to damage to wiring belonging to you, or by your telephone; or
(b) an engineer is unable to gain access to the property at the time agreed with you, or if the engineer's visit is cancelled by you after it has been requested.
3.12 We reserve the right to restrict your access to other Networks and route all calls through our Network.
4. Your Use of the Talk Service
4.1 You agree to use the Talk Services in line with these Terms and Conditions and also in line with all relevant laws, regulations and licences as may be amended from time to time.
4.2 You agree that you will not tamper with your telephone line or otherwise do anything which may cause damage to it.
4.3 If you have previously registered for the Telephone Preference Service (TPS) as part of BT Privacy, you should do so again after the Commencement Date by visiting www.tpsonline.org.uk.
4.4 If you do not already have one, we will provide you with a Madasafish Email Account with your Talk Services. You must not use this Email Account:
(a) to transmit any unsolicited commercial or unsolicited bulk email. We have a zero-tolerance policy for spam. Spamming will result in immediate termination of the Email Account.
(b) to disseminate or otherwise distribute or knowingly receive any information or material which is inappropriate, profane, abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, privacy or any other rights;
(c) in any way which infringes any third party's intellectual property rights;
(d) in a way that does not comply with our specific instructions.
4.5 We may require you to change your email address and we may suspend the Email Account if we reasonably believe that any email address you are using is likely to be offensive, abusive, defamatory or obscene or in breach of paragraph 4.4 and you will be responsible for any losses, expenses or other costs incurred by us that are caused by your breach of paragraph 4.4.
4.6 The maximum size of a mailbox is 50MB or 2000 emails, whichever is reached first. If a mailbox reaches these thresholds, mail sent to that mailbox will no longer be delivered to you.
5. Free or Inclusive Calls
5.1 Madasafish Talk packages may include free or inclusive calls. These are to UK geographic numbers starting 01, 02, 03 and UK non-geographic numbers 0845, 0870 (exceptions apply). Calls to other Madasafish Talk users are also included. You will not be charged for the first 60 minutes of free or inclusive calls. Thereafter, you will be charged for all minutes in excess of 60 minutes at the rate described on the Website.
5.2 Madasafish Talk packages also include selected international minutes, these are only free during call plan inclusive hours. You must redial after 30 minutes. Top 20 selected destinations are those decided by Madasafish and may be changed without notice. The current list of the top 20 countries can be found in the call rates section on the Madasafish website.
5.3 The times at which your free or inclusive calls to UK geographic and non-geographic numbers are available as stated in your Madasafish Talk package. All other calls, including but not limited to Internet and premium rate calls (such as 0906) and calls to mobiles are excluded. For all call tariffs please see the Madasafish calls rate on the website.
6.1 We will bill you each month in advance for Line Rental and any Line Features that you have selected and in arrears for any call charges you have incurred in the previous month (the Fees). You will pay us the applicable Fees as notified by us to you. We reserve the right to change the Fees at any time on giving you not less than 30 days' notice. The changed fees will apply on expiry of this 30 day period unless you tell us in the meantime that you want to terminate this Agreement.
6.2 We will notify you by email or post of the Fees. Detailed call records will be available through the My Account section of the Website only.
6.3 We will seek payment either through your credit/debit card or from your bank or building society on or after the day on which the Fees are payable. If any instruction for such payment is not confirmed on the day we seek payment, we may suspend the provision of the Talk Services to you immediately without notice. We reserve the right to charge interest on any overdue Fees at a rate of 4% above the base rate of HSBC Bank plc until the Fees are paid.
6.4 If we suffer a chargeback (being a debit from our bank account or repayment by us as a result of a credit card transaction dispute procedure initiated by you) of any Fees (or part of them) paid by you to us, you will immediately repay us for the charged back sum and we may suspend the provision of the Talk Services to you immediately without notice. We reserve the right to charge interest on the charged back sum at a rate of 4% above the base rate of HSBC Bank plc until the sum is repaid to us.
6.5 You may be required to pay a reconnection charge at our rates in force at that time if you wish to be reconnected following a suspension of the Talk Services resulting from paragraphs 6.3 and/or 6.4.
7. Security and Confidentiality
7.1 In order to enable you to manage the Talk Services, we will provide you with Security Details. You will be responsible for maintaining the confidentiality and security of the Security Details. Where the Security Details include a password that may be changed by you, you will change the password at frequent and regular intervals.
7.2 You will immediately notify us if any of the Security Details have:
(a) been disclosed to an unauthorised person or are being used in an unauthorised way (or if you suspect, or have reason to suspect that this may occur or have occurred); and/or
(b) been lost or stolen.
7.3 We may suspend your Security Details if at any time we think that there is, or is likely to be, a breach of security and require you to change any password.
7.4 You will be responsible for all actions undertaken by anyone else using the Security Details unless you have given notice to us at the first possible opportunity upon becoming aware of the events listed in paragraphs 7.2(a) or 7.2(b) above as the case may be. We may suspend the Talk Services and you will fully indemnify us from all losses resulting from such actions.
7.5 You agree to keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under or in connection with this Agreement and will only use such information in order to receive the Talk Services.
8. Personal Data
8.1 We will comply with our obligations under the Data Protection Act 1998 and any other applicable data protection legislation.
8.2 By registering for the Talk Services you consent to our using and/or disclosing your personal information for certain administrative and credit-checking purposes. This may involve disclosing your personal information to third parties, but only to the extent necessary to provide and operate the Talk Services.
8.4 From time to time we will compile aggregate statistics about the Talk Services and may share them with reputable third parties. These statistics will not contain information that would enable any third party to identify you personally.
9. Limitation of Liability
9.1 We will not be liable either in contract, tort (including negligence) or otherwise for any damages for any direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss nor for any damage or destruction of data however arising from the use of or inability to use the Talk Services or from any action or omission taken as a result of using the Talk Services. Notwithstanding any other provision of these Terms and Conditions we do not exclude or limit any liability in respect of death or personal injury resulting from our negligence.
9.2 Our aggregate liability to you in contract, tort (including negligence) or otherwise and arising out of, or in connection with, this Agreement and/or the provision of the Talk Services for each one month period (the first period starting on the date the Talk Services are first provided to you) shall be limited to the amount of the Fees paid by you to us in respect of that one month period.
9.3 The information on the Website is updated from time to time. However, we exclude any warranties, conditions or terms (whether express, implied, statutory or otherwise), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Talk Services or any of the contents of the Website.
9.4 You agree to indemnify us against all costs, claims, losses and expenses (including indirect and consequential losses) howsoever arising, from any claim brought against us by any third party relating to any breach by you of your obligations under these Terms and Conditions.
10. Termination and Suspension
10.1 If you wish to terminate your agreement with us you may do so by telephone. Contact details for our Customer Service department are set out on the Website at http://www.madasafish.com/contact.
10.2 You may terminate this Agreement without penalty at any time prior to our confirmation of the Commencement Date. After we have confirmed the Commencement Date this Agreement may only be terminated in accordance with the terms set out in this Agreement. This is consistent with your rights under the Consumer Protection (Distance Selling) Regulations 2000.
10.3 Unless otherwise specified in this Agreement, either you or we may terminate this Agreement on giving not less than 30 days' notice to the other; such notice not to expire before the end of the Minimum Period, subject to your rights as set out in clause 11.2 below.
10.4 We may terminate this Agreement at any time if:
(a) we are directed by any competent authority to cease the provision of the Talk Services or any part of them;
(b) you are in breach of any of these Terms and Conditions;
(c) any Licensed Operator supporting the Talk Services ceases to do so for whatever reason or changes the terms of its provision of telecommunications services beyond our reasonable control.
10.5 Upon termination we will bill any outstanding payments and you will pay these as outlined in paragraph 6.1. On termination your right to use the Talk Services ceases immediately.
11.1 All intellectual property rights in or relating to the Talk Services are the property of, or have been licensed to, us. You are only permitted to use these intellectual property rights as provided in these Terms and Conditions and in order to receive the Talk Services. You will not use or allow anyone else to use any of our name, logo, trademark or other intellectual property rights or those of any of the Licensed Operator involved in providing the Talk Services without our prior written consent.
11.2 We may change the Terms and Conditions at any time by notice on the Website or email prior to the change becoming effective. You will be deemed to have accepted any such changes by your continued use of the Talk Services. Changes to fees are covered by paragraph 6.1. If we have made a change which is to your material detriment, you will not have to pay any charges occurring after the date of termination if you decide to end your Agreement early. However, once we have told you about such a change, you must let us know that you want to end the Agreement within thirty days.
11.3 Notwithstanding any other rights that we may have in these Terms and Conditions, we reserve the right at any time (notwithstanding prior acceptance) to suspend, cancel, refuse to supply or terminate the provision of the Talk Services wholly or partly without notice, and we shall not be liable for any loss suffered as a result of such suspension, cancellation, refusal or termination. If at the time we exercise our rights under this paragraph 11.3, you have paid us any Fees in advance, we will reimburse you pro rata for the proportion of these Fees that relate to the period after this date.
11.4 This Agreement constitutes the entire agreement between you and us in relation to the provision of the Talk Services and supersedes any representations, communications and prior agreements (whether oral or written) related to the subject matter other than fraudulent misrepresentation.
11.5 We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you any notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.
11.6 Any notice or communication required to be sent pursuant to these Terms and Conditions should be sent to us at Madasafish, The Balance, 2 Pinfold Street, Sheffield S1 2GU or to you at your current delivery address as stated in My Account.
11.7 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions, and the remainder of the provision in question, will not be affected.
11.8 Except as expressly stated in these Terms and Conditions, no person who is not a party to the Agreement will derive any benefit from it, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.9 This Agreement will be governed and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the English Courts.
The following terms will have the following meanings:
"Commencement Date" means the date on which the Talk Services are first provided to you.
"Email Account" means a Madasafish email address that you may access by POP3 or using Webmail from the Madasafish Website.
"Licensed Operator" means an organisation licensed by the UK authorities to operate a Telecommunications Network.
"Line Features" means Network or calling features (e.g. caller display, voicemail).
"Network" means public switched telecommunications network.
"Security Details" means any and all usernames, passwords, keys, electronic signatures and any other devices or information in whatever form and on whatever media supplied to allow you to manage the Talk Services.
"Talk Services" means the Line Rental and Madasafish Talk package you have chosen, which may include the provision of an Email Account, as described on the Website at the date of your online registration.
"We, Us and Our" means Plusnet Plc (no. 03279013) having its registered office at The Balance, 2 Pinfold Street, Sheffield S1 2GU.
"Website" means our Internet site which can be found at http://www.madasafish.com/.
"You, Your" means the person, company or organisation whose details are included on the registration form.