1. Operation of the Service

   1. THEVOIP.co, a trading name of Barritel Limited, to provide VoIP services.
   2. THEVOIP.co shall use reasonable endeavours to offer the Service to meet the target service levels defined in the Fault Management at the end of these terms.

   3. Each party shall use reasonable commercial endeavours to give the other party:

      1. no less than two (2) days prior notice of any scheduled maintenance on its Systems;
      2. as much notice as is reasonably practicable for any unplanned maintenance on its Systems.

   4. The Service is administered through a control panel website with the following conditions:

      1. THEVOIP.co endeavours to ensure that the information on the control panel website is correct, but accepts no liability for any errors or omissions.
      2. The control panel website is copyrighted and may not be copied, reproduced or modified without written permission from THEVOIP.co
      3. No links to the control panel website may be included in any other web site without written permission from THEVOIP.co

2. Limitations of Voice over Internet Protocol (VoIP)

   1. By accepting these terms the user is acknowledging the limitations inherent in the use of VoIP, specifically but not limited to:

      1. Quality and reliability may not be always comparable to PSTN phone lines.
      2. Service may not always be available as a result of issues THEVOIP.co has no control over such as power disruption, loss of broadband connection, failure of an internet service provider, failure of hosting provider or general internet peering.
      3. No access is currently provided for contacting the emergency services, users should always have an alternative means of contacting emergency services

3. Suspension of Service

   1. Without limiting anything else in these terms and subject to clause 3.2, THEVOIP.co may suspend provision of the Service to the user:

      1. if the user engages in activities which may cause disruption or damage to the THEVOIP.co System;
      2. if THEVOIP.co has a right to terminate these terms pursuant to clause 5.2;
      3. to prevent fraudulent, illegal or unauthorised provision or use of the Service; or
      4. to comply with any order, request or instruction of a competent authority.
   2. If THEVOIP.co wishes to suspend provision of the Service it shall use commercially reasonable efforts to provide the user with advance notice of such suspension and permit the user to discontinue the offending activity prior to effecting such suspension.

4. Pricing and Invoicing

   1. THEVOIP.co and the user have agreed a pricing structure for chargeable elements of the Service as set on the website.

      1. These prices are subject to change.
   2. The user agrees that the Services shall be charged by THEVOIP.co, invoicing the user monthly in arrears on the number of services live on the last day of the month. For avoidance of doubt, any service live on the 31st January will be invoiced in February.
   3. The amounts invoiced shall be exclusive of all applicable taxes (including, without limitation, value added tax or sales tax) and duties or levies imposed by any authority, government or government agency. These foregoing amounts shall be paid by the user at the same time as payment for the Service to which the amount relates.
   4. All payments are due on or before the 14th of the invoicing month.
   5. The user must present any disputes regarding the correctness of an invoice in writing within fourteen(14) days of the date of the invoice. A dispute shall be considered validly disputed within this timeframe if the dispute has been clearly identified in writing and THEVOIP.co has been provided with written evidence substantiating the dispute. The user agrees that any invoice not validly disputed within this timeframe shall be deemed as accepted as correct by the user.

5. Term and Termination

   1. These terms shall be effective from the date of purchase of the goods and services by both parties and shall continue until terminated by either party giving the other not less than sixty (60) days prior written notice or pursuant to any other right of termination set out in these terms.
   2. Without prejudice to any other rights, a party may immediately terminate these terms upon written notice to the other party if the other party:
      1. fails to make any payment punctually by its due date
      2. without limiting clause
      3. breaches any of the other terms of these terms and fails to remedy such breach within fourteen (14) days of delivery of notice of the breach;
      4. consents to or suffers the appointment of an administrator, liquidator, receiver or like person, of itself or any substantial part of its property;
      5. files a petition or answer seeking reorganisation, arrangement, adjustment or composition under bankruptcy laws or any similar law or statute; or
      6. becomes insolvent or bankrupt or ceases paying its debts generally as they mature.
   3. The following clauses shall survive the termination of services: clause 4 (Pricing and Invoicing), clause 6 (Limitation of liability and indemnification), clause 7 (Data Protection) clause 8 (Disputes), clause 9 (Notices) and clause 10 (General).

6. Limitation of liability and indemnification

   1. Nothing in these terms shall limit:
      1. any liability for death or personal injury caused by negligence;
      2. any liability for payment of Charges due in accordance with these terms;
      3. any liability which may not be excluded or limited by law; or
      4. any liability for a breach of clauses 3 or 6 of these terms.
   2. Subject to clause 6.1, neither party will be liable for indirect, special, incidental or consequential damages of any kind, loss of profits, loss of revenue, loss or corruption of data or loss of goodwill or for any other form of loss or damage (other than loss or damage to the physical property of the other party) even if that party was advised about the possibility of such loss or damage.
   3. The user acknowledges that no representation or warranty is given by THEVOIP.co in relation to the description, quality, merchantability, completeness or fitness for any purpose of the Service.
   4. The user shall indemnify and hold harmless THEVOIP.co from and against any claims or demands made by any Customer or supplier of the Customer.

7. Data Protection

   1. Barritel Limited trading as THEVOIP.co is registered under the Data Protection Act and is committed to protecting user and Customer privacy and this privacy policy governs how THEVOIP.co will use such information.
   2. The Website may ask for personal information such as name, address, phone number and email address. THEVOIP.co will only use personal information in accordance with the Data Protection Act 1998. Information will be used to process orders and to provide the best possible service, including dealing with queries and sending information about changes in the Service.
   3. THEVOIP.co will not release, offer or sell personal information to third party user without first seeking consent.
   4. Users are entitled to ask for a copy of their personal information (for which THEVOIP.co may charge a small fee) and to ask for corrections to any inaccuracies or to update personal information at any time.

8. Disputes

   1. These terms shall be governed by and interpreted under English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
   2. Any dispute arising out of or in connection with these terms, including any question regarding its existence, validity or termination, which cannot be resolved within fourteen (14) days must, prior to any application to a court of competent jurisdiction, be referred to the Chief Financial Officers of each party (or their nominees) who must meet and attempt to resolve the dispute in good faith within seven (7) days of such referral.
   3. Notwithstanding this clause 8, either Party may at any time apply to any court of competent jurisdiction for injunctive relief in the event of an alleged breach of this Agreement or otherwise to prevent irreparable harm.

9. Notices

   1. Unless otherwise stated in these terms, a notice, approval, consent or other communication in connection with these terms:
      1. must be given by an authorised officer of the relevant party;
      2. must be in writing in the English language; and
      3. must be left at the registered office of the addressee, or sent by registered mail to the registered office of the addressee, or if the addressee notifies another address pursuant to clause 9.2, then to that address.
   2. Each party must promptly notify the other party by letter of any change in its registered office or trading address.
   3. A letter is deemed to be received, in the case of a registered mail, on the second (tenth, if posted to a place outside the country in which it is posted) day after posting.
   4. For the purposes of notices delivered pursuant to clause 4.1 only, the user agrees that notices may be sent by e-mail to the other party’s designated e-mail address and that such e-mails shall be deemed validly delivered 4 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

10. General

    1. Neither party shall be liable to the other for any delay or failure to perform any obligation under these terms (other than an obligation to pay amounts when due) where such failure was outside such party’s reasonable control, including, without limitation, the consequence of natural phenomenon, war, civil disorder, inclement weather, fire, failure or shortage of power supplies, supplier failure or delay, industrial disputes, acts or omissions of government, acts or omissions of other telecommunications partners or compliance with statutory obligation.
    2. These terms represent the entire understanding between the user in relation to the matters dealt with herein and supersedes all previous covenants and representations made by either party, whether oral or written.
    3. No failure or delay by a party in exercising any of its rights under these terms shall be deemed to be a waiver of that right and no waiver by a party of a breach of any provision of these terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision. Any waiver of a breach must be expressed in writing by the party waiving such breach.
    4. If any provision of these terms are held by any court or other competent authority to be invalid or unenforceable in whole or in part the other provisions of these terms and the remainder of the affected provision (if any) shall continue to be valid.
    5. The rights of a party under these terms are cumulative and in addition to any other right or remedy available to it at law or in equity.
    6. A third party who is not a party to these terms has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any clause of these terms.

Fault Management