Terms and Conditions of Use

1. Introduction

www.thevoipshop.co.uk is a trading name of Transltr Ltd Co. Registered number: 05693707

By using the Thevoipshop website; www.thevoipshop.co.uk you agree to be bound by Transltr standard terms and condition, whose registered office is at Dock, Office 101, 75 Exploration Drive, Leicester, LE4 5NU

In the following terms and conditions, the words 'Thevoipshop', 'we', and 'our', are used to refer to the www.thevoipshop.co.uk Service, the trading name of Transltr Ltd. The expressions "you" and "your" mean you the customer

This Agreement sets out the terms on which Thevoipshop agrees to provide services ("Service") to you. This Agreement commences on the date that Thevoipshop first accepts your order.

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

2. Site Information

To the fullest extent permitted at law, Thevoipshop is providing this site: www.thevoipshop.co.uk d its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. Thevoipshop disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Thevoipshop does not represent or warrant that the information accessible via this site is accurate, complete or current.

Permission to use website

You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website[ for your own personal and non-commercial use][, providing that such printing is not systematic or excessive];

(d) [stream audio and video files from our website[ using the media player on our website]]; and

(e) [use [our website services] by means of a web browser],

Subject to the other provisions of these terms and conditions.

Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

You may only use our website for [[your own personal and business purposes]] OR [[define purposes]]; you must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website [during server maintenance or when we update the website]. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

Misuse of website

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our website;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) [impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity)];

(h) [decrypt or decipher any communications sent by or to our website without our permission];

(i) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(j) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(k) [use our website except by means of our public interfaces];

(l) [violate the directives set out in the robots.txt file for our website];

(m) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)]; or

(n) [do anything that interferes with the normal use of our website].

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

Registration and accounts

To be eligible for [an account] on our website under this Section 6, you must [be resident or situated in the United Kingdom].

You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].

You must not allow any other person to use your account to access the website.

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

You must not use any other person's account to access the website[, unless you have that person's express permission to do so].

User login details

If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].

Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person. 

You must keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Cancellation and suspension of account

Where you place an Order acting for purposes that are related to your trade, business or profession, this is a business-to-business
transaction to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply

You agree that a signed order form is a binding contract from the date you have signed the contract.

We may:

(a) [suspend your account];

(b) [cancel your account]; and/or

(c) [edit your account details],  at any time in our sole discretion with or without notice to you.

We will usually cancel an account if it remains unused for a continuous period of [18 months].

You may cancel your account on completion of your contractual term by sending us a notice of your intention to terminate your contract with 90 days notice. You may be liable for early termination charges in the event of cancelling your contract before your contract end date. Notices for cancellations should be sent to billing@thevoipshop.co.uk

Our rights to use your content

In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

You grant to us the right to sub-license the rights licensed under Section 9.2.

You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

You may edit your content to the extent permitted using the editing functionality made available on our website.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Rules about your content

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) [constitute negligent advice or contain any negligent statement];

(f) [constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity];

(g) [be in contempt of any court or in breach of any court order];

(h) [be in breach of racial or religious hatred or discrimination legislation];

(i) [be blasphemous];

(j) [be in breach of official secrets legislation];

(k) [be in breach of any contractual obligation owed to any person];

(l) [depict violence[ in an explicit, graphic or gratuitous manner]];

(m) [be pornographic[, lewd, suggestive or sexually explicit]];

(n) [be untrue, false, inaccurate or misleading];

(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];

(p) [constitute spam];

(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or

(r) [cause annoyance, inconvenience or needless anxiety to any person].

Limited warranties

We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(c) that the website will operate without fault; or

(d) that the website or any service on the website will remain available.

[additional list items]

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

3. Compliance with Applicable Laws

By entering into this Agreement you absolutely confirm that you are legally entitled to enter this agreement.

If you reside in a jurisdiction where it is forbidden to use VoIP services by law or regulation you may not enter into this agreement and you may not use the Service or Software. By entering into this agreement you expressly state that you have confirmed that your use of this Software and Service is permitted.

If you reside in a jurisdiction which restricts the use of services which include VoIP because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service.

4. Essential service information

By signing up to the Service you understand and agree that the Service may not offer all of the features you may expect from a traditional phone line and may sometimes be unavailable as a result of things over which we have no control, for example, power disruptions and failures of your internet service provider (ISP) or broadband connection. You must maintain your broadband connection in order to use the Service. Your attention is specifically drawn to the service description at www.thevoipshop.co.uk, which describes the Service and any limitations.

4.1 You may only access the Thevoipshop services using authorized Software and authorized compatible devices identified on our website www.thevoipshop.com. It is your responsibility to check the list of devices on the Thevoipshop website to ensure you download the correct software for your device. Thevoipshop is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. Thevoipshop reserves the right to terminate this agreement should you be using the Thevoipshop Service with software or a device that is not identified on the website as compatible.

You Agree to;

You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.

You will not use the Service to cause nuisance, annoyance or inconvenience.

You will not impair the proper operation of the network.

You will not try to harm the Service in any way whatsoever.

You will not copy, or distribute services or content without written permission from Thevoipshop.

You will only use the Software and Service for your own use and will not resell it to a third party. 

You will keep secure and confidential your account password or any identification we provide you which allows access to the Service. 

You will provide us with whatever proof of identity we my reasonably request.

You will only use an access point or 3G data account (AP) which you are authorized to use.

You will not access any age restricted services if you are under age, nor will you allow any other person to do so.

When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service

5. Emergency Calls

ATA:

If the Service is fully operational, 999/112 public emergency call services can be accessed from within England, Wales, Scotland and Northern Ireland. However, you understand and acknowledge that there may be some limitations as set out in the following paragraphs.

If you use the Service outside England, Wales, Scotland and Northern Ireland you will not be able to call emergency services in the country where you are located. A line from another communications provider will be required to call emergency services outside England, Wales, Scotland and Northern Ireland.

If there is a Service outage for any reason, such outage may prevent access to 999/112 dialing.

For each phone line that you utilize with the Service, you must register with Thevoipshop the physical location where you will be using the Service. Your initial location will be registered as a part of subscribing to the Service. It is your responsibility to maintain the accuracy of your location address via your online account if there are any changes. If you do not update us with changes, it may or may not be possible for emergency operators and authorities to identify your location and phone number when you dial 999/112. When you dial 999/112 you will need to state your location and phone number promptly and clearly, as emergency operators and authorities may not have this information.

Emergency operators and authorities may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason. Emergency operators and authorities may also not be able to hold your line open in the event you hang up.

You agree to inform potential users of the Service of the above limitations and you understand and accept that you should always have an alternative means of accessing 999/112 emergency services.

If Thevoipshop suspends the Service you may not be able to dial 999/112.

Number portability may be unavailable with the Service. If you move your service to or from Thevoipshop or to or from another provider you may not be able to keep your telephone number. Thevoipshop will not process a number porting request unless your account is completely current, including payment for all Service charges and applicable disconnection fees. Porting charges are listed here.

6. Softphone and Mobile Dialers:

Softphone and Mobile dialers are not replacements for your ordinary telephone service and you cannot make emergency calls over Wi-Fi using these services. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. 

999, 112, 911 nor e-911 service nor any other emergency service is available through the Thevoipshop service. If you dial "999" or "911"(or other internationally recognized emergency service numbers) while using the Thevoipshop service you will not be connected to an emergency operator, and your phone number nor your location will be reported to an emergency operator.

If your data connection fails for any reason you will not be able to use the Thevoipshop Service. This will not prevent you from using your mobile phone via your cellular provider as normal

7. Charges and Payments

You may be provided with some free calls and other special offer services subject to reasonable use, entirely at Thevoipshop's discretion. Otherwise, you will be charged Thevoipshop's standard rate for the Service(s). The Thevoipshop Service operates on a pay as you use basis and you will be prompted to pay these rates in advance. Thevoipshop has no obligation to refund any payments made in advance for the use of the Thevoipshop Service as set out in these terms. For more details see the Fair Use Policy below.

A full list of Thevoipshop's rates for standard Services, including connection charges, is published here, or on your My Account Pages. These rates may be changed from time to time, entirely at Thevoipshop's discretion. Our rates may vary without prior notice. Full details of rates will be displayed so you should check the Thevoipshop website regularly to determine if any changes have been made or announced. 

Reasonable usage should not exceed 3000 minutes per user per month. If this usage is exceeded The Voip Shop reserve the right to suspend services and charge for the excess minutes used at standard rates of 1p per minute landline and 5p per minute mobile.

Please be aware that additional charges may apply for calls made abroad. All standard international calls are billed on a per-minute basis. TheVoIPShop has the authority to alter the rates for international calling without any prior notification, and to adjust the pricing for each destination. TheVoIPShop also reserves the right to terminate this offer at any time.

Some Thevoipshop Services may make use of 3rd party networks, (including 3G, Cellular/Mobile, commercial hotspots). The VoIP Shop are not liable for these or any other costs you may incur by using 3rd party services. We will from time to time attempt to estimate these charges, these are for information only and your should contact the carrier directly to obtain definitive information

8. Processing, Shipping & Returning orders

Thevoipshop aims to ship all items within 24 (twenty four) hours of receiving the order but the order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable. We regret we are not able to supply dates when our suppliers may get an item in stock.

Credit and debit cards are debited before items are shipped by Thevoipshop. All prices include sales taxes (where applicable) unless otherwise stated.

In most cases, we will ship products that are in stock the same day if your order is placed MON-FRI, before 2.45pm GMT. If your order is placed after 2.45pm, it will be shipped the next working day. The order should be received the next working day after we ship it. Please note that the order may be sent to you in installments.

We make every effort to ensure that our site has up-to-date information about product availability. If an item is not in stock at the time you place an order customers may cancel the order at this stage if they wish to do so. We will take appropriate steps to reimburse any payment customers have made in respect of that order.

Shipments to customers delivery address may be subject to import duties and taxes which are levied once a shipment reaches the customers country. Any such additional charges to clear customs must be borne by the customer. Customers should note that customs policies vary widely from country to country so we advise that customers contact their local customs office for further information. Note that international shipments are subject to opening and inspection by customs authorities.

Returns are acceptable for items that are up to 1 (one) year old depending on the condition of the original item at the time of return. Full refunds are only available on items that are returned within 7 (seven) days and are still in their original package and in a brand new condition. 

9. Modification of Terms

Thevoipshop reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the Thevoipshop site. These terms and conditions will apply to your order once you have received your confirmation email. They will supercede any other terms and conditions in whatever form given. Please print and retain a copy of the terms and conditions once you have received your confirmation email.

Limitation of Liability

This liability section applies only to the extent permitted by law.

User agrees to indemnify, defend and hold Thevoipshop, its affiliates, directors, officers, employees, agents and licensors harmless from and against any and all claims, actions, expenses, losses, and liabilities (including courts costs and reasonable attorneys' fees), arising from or relating to this agreement including user's access to and use of the SIP server to the maximum extent permitted by applicable law, in no event shall thevoipshop.co.uk or any of its licensors, be liable for any indirect, special, punitive, exemplary, or consequential damages, arising out of the access to or use of or inability to access or use the SIP server, or that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in transmission or operation or any failure of performance, even if advised of the possibility of such damages.

Dispute Resolution Scheme

Transltr is a member of Communication and Internet Services Adjudication Scheme (CISAS). The scheme provides an informal and independent way of settling disputes between companies and their customers. An independent adjudicator appointed under these rules will make a decision on such disputes by considering the information received from the customer and the company. The scheme can be used to settle disputes about bills and communication services provided to customers.

A customer who wants to put a dispute through the scheme must fill in and return an application form. These are available from the CISAS website at www.cisas.org.uk. Customers can ask CISAS for help to fill in the form.

The customer cannot apply to the scheme unless they have started a formal complaint through the company's formal complaints procedure and at least eight weeks has passed since they first put the complaint through the company's formal complaints procedure; or the company agrees, in writing, that the dispute can be settled through the scheme. Customers must also apply to the scheme within nine months of first making their first formal complaint about the matter to the company.

For more information on our Dispute Resolution Scheme please visit the CISAS website at: www.cisas.org.uk.

10. ZERO TOLERANCE approach to abuse of our employees

We reserve the right to cease your services with immediate effect or with a 15-day notice (At our sole discretion) if you are abusive to any of our team. This includes abuse such as swearing, intimidation, aggressive behaviour, threats of violence either verbally or physically

All calls are recorded and recorded calls can be submitted to the Police as evidence of abuse. Everyone has a right to work without being abused either physically or verbally.

We operate a ZERO TOLERANCE approach to abuse. Upon an incidence of abuse to our staff, your company will be notified verbally or in writing, that we reserve the right, to either cease your services with immediate effect (at our sole discretion) or we are providing you notice of 15 days (At our sole discretion) to move provider (port away numbers) as we will be ceasing your services within 15 days of this notice.

IMPORTANT INFORMATION

This is a voice over data network service and as such, it is dependent on your connection to the data network and the data network itself. Your service may therefore cease to function if there is a power failure or a failure in the underlying data network. Confirmation by accepting the terms of use, you (hereinafter the 'user') are stating that you agree to accept and be bound by all of the terms and conditions of this agreement. Do not proceed if you are unable to agree to the terms and conditions of this agreement. These terms and conditions of service for use of thevoipshop.co.uk sip server (the 'agreement') constitute a legally binding contract between thevoipshop.co.uk and the entity that agrees to and accepts these terms and conditions. Access to thevoipshop.co.uk's session initiation protocol server ('sip server') is being provided on an 'as is' and 'as available' basis, and thevoipshop.co.uk makes no representations or warranties of any kind, whether express or implied, with respect to user's access of the sip server, including but not limited to warranties of merchantability, non-infringement, title or fitness for a particular purpose. Further, thevoipshop.co.uk makes no representations or warranties that the sip server or user's access thereto, will be available at any given time, or will be free from errors, defects, omissions, inaccuracies, or failures or delays in delivery of data. User assumes, and thevoipshop.co.uk disclaim, total risk, responsibility, and liability for user's access to and use of the sip server.

Access to thevoipshop.co.uk sip service is being provided on a non-exclusive basis. User acknowledges and understands that thevoipshop.co.uk sip site is in a developmental stage and that thevoipshop.co.uk makes no guarantees regarding the availability or functionality thereof. User may not sublicense its access rights to the sip server to any third party.

You accept e-mail as a valid means of communication of any agreement between you and thevoipshop. You must check that the details of your confirmation email are correct as soon as possible and you should print out and keep a copy for your records. This confirmation e-mail amounts to an acceptance by thevoipshop (or 3rd party supplier that is engaged on your behalf by thevoipshop) of your offer to buy goods from thevoipshop and this acceptance is effective regardless of whether or not you receive the e-mail.

Thevoipshop services are free to be withdrawn from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods, any description applied to the goods, the availability of the goods or the order itself.

11. Order Form: the document which sets out amongst other things the Services which the Customer would like Transltr Ltd t/a The VoIP Shop to provide to it and certain details in respect thereof including when read in conjunction with these Conditionsthe basis on which the charges for providing Transltr Ltd t/a The VoIP Shop Standard Terms and Conditions for Contracts the Services will be calculated. The Order Form shall be prepared by Transltr Ltd t/a The VoIP Shop and sent to the Customer for signature by or on behalf of the Customer and returned to Transltr Ltd t/a The VoIP Shop.

The Order Form may be prepared, sent, signed, or returned electronically and by signing the order form an employee, director, company officer or authorised agent accept/agree they are authorised to sign a contract on behalf of the company and enter the company into a legally binding contract

The sending of the Order Form by Transltr Ltd t/a The VoIP Shop to the Customer constitutes an offer by Transltr Ltd t/a The VoIP Shop to the Customer to provide services and/or Equipment in accordance with these conditions, the Order and any service specific conditions (“the Offer”). The Offer may be withdrawn at any point by Transltr Ltd t/a The VoIP Shop prior to it being accepted by the Customer.

The offer shall be accepted and the Contract shall be formed and come into existence at the point when Transltr Ltd t/a The VoIP Shop receives the Order Form, electronically, duly signed by or on behalf of the Customer at which point and on which date the Contract shall come into existence

If Transltr Ltd t/a The VoIP Shop has not received the Order Form duly signed for or on behalf of the Customer within 12 months from the date on which it is sent by Transltr Ltd t/a The VoIP Shop to the Customer the offer to contract with the Customer shall be deemed to have been withdrawn unless otherwise agreed between Transltr Ltd t/a The VoIP Shop and the Customer

The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Transltr Ltd t/a The VoIP Shop which is not set out in the Order Form, the Service Specific Conditions or the terms (or incorporated by reference in any of them)

Any samples, drawings, descriptive matter or advertising issued by Transltr Ltd t/a The VoIP Shop , and any descriptions or illustrations contained in Transltr Ltd t/a The VoIP Shop ’ catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of the Contract nor have any contractual force.

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. In the event of any conflict between these Conditions and any Service Specific Conditions, the Service Specific Conditions shall prevail. In the event of any conflict between these Conditions, any Service Specific Conditions and the Order Form, the Order Form will prevail in relation to that Service.