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Terms and Conditions

1. Definitions
2. Use of Service
3. EuroComm's Rights
4. Ownership
5. Charges and Payment
6. Termination
7. Consequences of Termination
8. Limitation of Liability
9. Assignment
10. Validity
11. Force Majeure
12. No Waiver
13. Service of Notice
14. Confidentiality
15. Entire Agreement
16. Governing Law
17. Value Added Tax (V.A.T.)
18. Use of Toll Free Numbers

 

I.    DEFINITIONS

1.1 "DIRECT DIAL" means a direct dial service together with the account number issued by EuroComm from time to time in accordance with the terms of this agreement for use with the Service.
1.2 "AGREEMENT” means a contract between the customer and EuroComm incorporating these terms and conditions.
1.3 "ASSOCIATED COMPANY" means EuroComm ultimate holding company or any subsidiary thereof (“holding company” and “subsidiary” having the meanings as defined by Sections 736 and 36A of the Companies Act 1985).
1.4 "CALL" means a communication utilising the EuroComm Ltd telephone network or any other network accessed through EuroComm.
1.5 "DIRECT DIAL ACCOUNT” means the customer's account for the service.
1.6 "CUSTOMER" means a person with whom EuroComm contracts under this agreement.
1.7  EuroComm shall, where the context so requires, include its successors and assigns and any Associated Company thereof.
I.8 "PIN" means a Personal Identification Number issued by EuroComm to the customer and where applicable the User(s).
1.9     "SERVICE” means a service whereby telephone, fax and data communications can be made using the Direct Dial service in accordance with the Terms and Conditions of this agreement.
1.10 "SERVICE LITERATURE" means EuroComm’ current service literature as specific  to Direct Dial, Call Back and Phone Card and the Service existing from time to time.
1.11 "USER" means any individual specified by the customer and accepted by EuroComm as entitled to use the Direct Dial Service.
1.12 "ACCOUNT NUMBER" means the number issued to the customer and which will be billed for calls made using the PINs issued to the customer.
1.13 "CONNECT TIME" means the time when a call is connected between two locations.
1.14 "International SIM" means the actual physical card which is sent out via port or courier and inserted in a mobile phone.


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2.    USE OF SERVICE

2.1 EuroComm shall issue the Direct Dial(s), Access Number(s) and individual Account/PIN Number(s) to the customer and the Users specified on the Application Form in accordance with the Service Literature.
2.2 Dates and times for provision of the Service shall be estimates only and no liability shall accrue to EuroComm for failure to meet any such dates or times.
2.3 The customer shall ensure that the customer and the User shall:
2.3.1 Use the Access Number(s), Direct Dial and PIN in accordance with this agreement;
2.3.2  Not permit nor suffer anyone but the User or the customer to use the Service;
2.3.3  Not disclose the Access Number or PIN to any third party other than the relevant User, an operator employed by an approved telecommunications operator for the purpose of initiating a Call via the Service, or other person not authorised by EuroComm;
2.3.4  Ensure that upon any Direct Dial, Access Number or PIN ceasing to be valid through the termination of this agreement or expiry of such Direct Dial or otherwise no attempt shall be made to make a Call via the service using such Direct Dial, Access Number and/or PIN;
2.3.5 Immediately notify EuroComm verbally on becoming aware that a Direct Dial, Access Number or PIN has been lost or stolen or has been or is likely to be put to an unauthorised use and confirm the same in writing to EuroComm within 24 hours;
2.3.6   Comply with any instructions regarding the use of the Service as may be notified to the customer and the User by EuroComm from time to time. Such instructions shall be deemed to form part of this agreement; and
2.3.7   Secure the Direct Dial(s) immediately upon receiving the same and ensure that the Phone Card(s) are not lost nor damaged and that the Access Number(s) and PIN(s) is kept secret.
2.4     Use of the Service constitutes acceptance of these Terms and Conditions.

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3.    EUROCOMM’s RIGHTS

3.1 EuroComm shall be entitled to alter any PIN or Access Number(s) or any other customer specific name, number or code as may be issued by EuroComm from time to time to the customer and/or the User(s) for use with the Service.
3.2 EuroComm may suspend the Service to the customer at its sole discretion in the interests of the quality of the Service, or if the Credit Limit is exceeded and the customer accepts no entitlement to damages by such suspension of this service.
3.3 EuroComm shall be entitled to renew and/or replace the Direct Dial, Access Number and/or PIN as it deems fit.

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4.    OWNERSHIP

A Direct Dial or SIM issued under this agreement remains at all times title property of EuroComm and shall be returned to EuroComm at any time forthwith on demand.

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5.    CHARGES AND PAYMENT

5. I   All charges shall be available to customers at all times. Specific rates between originating and destination countries are available from EuroComm  on a written request. customers will be charged for calls at EuroComm’ prevailing rates for the international Service as notified to the customer from time to time.
5.2    EuroComm shall use its best endeavours to bring to the attention of the customer any variation in rates prior to their implementation.
5.3    All relevant charges will be added to the Direct Dial Account for the customer and an account will be maintained for each PIN, or if so agreed, a combined account for all PINs. EuroComm will supply the customer with a detailed statement of calls made when their monthly usage or total usage has exceeded £50/$75. Such details shall include date, time, duration, number dialled and cost of each call.  Customers who wish to receive faxed copies of current or past bills may do so at a cost of £2/$3 per page.
5.4    Where requested EuroComm will debit the customer's credit card on a prepaid basis for the initial & ongoing auto-top up amount. An auto-top up amount will come into effect when the remaining balance in the customer's account drops below 75% of a normal month’s usage. No prepayment customers authorise EuroComm Ltd. to debit all calls at the end of each month to their credit or cash card as designated.
5.5 All sums due to EuroComm under this agreement shall be payable by the customer within 30 days of the date of the relevant invoice, but if the customer fails to make any payment within such period, without prejudice to its other rights hereunder EuroComm shall have the right to require the customer to pay all sums due on demand.
5.6 Time of payment for all sums due to EuroComm under this agreement shall be of the essence. Without prejudice to EuroComm’ right to treat the non-payment as a repudiative breach of this agreement, EuroComm reserves the right to charge daily interest on outstanding amounts until payment is received in full at a rate equal to 4% per annum above the National Westminster Bank PLC Base Lending Rate as current from time to time whether before or after judgement. Interest shall continue to accrue notwithstanding termination of this agreement for any cause whatsoever.
5.7 EuroComm reserves the right to charge for administrative costs, interest, all collection and legal charges on an indemnity basis incurred by EuroComm in pursuing late payments.
5.8 All sums due to EuroComm under this agreement are inclusive of Value Added Tax ("VAT") where applicable, and any other applicable taxes, levies or charges which may from time to time be introduced, which shall be paid by the customer.
5.9 The customer shall be liable for all charges arising from Calls made by any person utilising the customer's Phone or SIM Card and PIN (whether due to loss, theft, parting from possession, or any other unauthorised use) until such time as the customer has notified EuroComm of any loss, theft, parting from possession or any other unauthorised use of the Phone or SIM Card or PIN in accordance with Condition 2.3.5
5.10 All necessary currency conversions will be made at Natwest PLC bank prevailing exchange rate on the date of receipt of payment.
5.11 Low users line charge: if average usage per line is below £15 per month over a three month period then there is a line charge of £5 for the first line and £2 for each subsequent line, per month. If non usage has been due to an inoperative system then the low users charge will be waived if the fault has been reported.

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6.    TERMINATION

6.I Notwithstanding anything to the contrary express or implied elsewhere in this agreement, EuroComm (without prejudice to its other rights) may terminate this agreement forthwith in the event that: (a)  the customer fails to make any payment when it becomes due to EuroComm or shall default in due performance or observance of any obligation under this agreement or any other agreement or an Associated Company and (in the case of a remediable breach) fails to remedy the breach within a reasonable time specified by EuroComm in its written notice so to do; or (b) an interim order is made or a voluntary arrangement approved or if a petition for a bankruptcy order is presented or a bankruptcy order is made against the customer or if a receiver or trustee is appointed of the customer’s estate or (the customer being a company) a voluntary arrangement is approved or an administration order is made or a receiver or administrative receiver is appointed of any of the customer's assets or undertaking or a resolution or petition to wind up the customer’s assets or undertaking or a resolution or petition to wind up the customer is passed or presented (otherwise than for the purposes of reconstruction or amalgamation) or if any circumstances arise which entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or  make a winding-up order.
6.2     Those Conditions of this agreement of a continuing nature shall survive termination of this agreement for any reason whatsoever.
6.3     This agreement may be terminated forthwith by either EuroComm or the customer PROVIDED THAT any notification of termination by the customer shall be confirmed in writing by the customer within 7 days of any verbal notification.

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7.    CONSEQUENCES OF TERMINATION

If this agreement is terminated by either party hereto, the customer shall: (a) pay to EuroComm all arrears of charges payable under this agreement up to the date of termination; and (b)  return to EuroComm all Direct Dials(s) and SIM cards in accordance with the terms of this agreement; and (c) immediately cease to make use of the Service. (d) If the customers usage has been below £100 since opening the account EuroComm will charge a £10 account administration fee. If account closure has been due to an inoperative system then the charge will be waived if the fault has been reported.

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8.    LIMITATION OF LIABILITY

8.1       EuroComm shall be liable to the customer as expressly provided in this agreement, but shall  have no other obligation, duty or liability whatsoever in contract, tort or otherwise to the customer other than a duty to exercise reasonable skill and care.
8.2       EuroComm shall have no liability under this agreement for the acts and omissions of other public telecommunication operators.
8.3       The liability of EuroComm in contract, tort or otherwise arising out of or in connection with the performance of EuroComm’ obligations under this agreement shall be limited to £500 (five hundred pounds Sterling) in respect of any one incident, or £1000 (one thousand pounds Sterling) in respect of any series of incidents arising from a common cause in any 12 month period. These sums being inclusive of all claims for damages and costs.
8.4        In no event shall EuroComm be liable to the customer in contract, tort or otherwise including any liability, for negligence, for any loss of revenue, business, contracts, anticipated savings or profits or any indirect or consequential loss whatsoever.
8.5       The provisions of this Condition 9 will continue to apply notwithstanding the termination or expiry of this agreement for any reason whatsoever and the User by EuroComm from time to time. Such instructions shall be deemed to form part of this agreement.

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9.    ASSIGNMENT

9.1       The customer shall not assign or delegate or otherwise deal with all or any of its rights under this agreement.
9.2       EuroComm shall have the right to assign or otherwise delegate all or any of its rights and obligations here under to an Associated Company or other person upon serving notice in writing to the customer.

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10.    VALIDITY

10.1 A Direct Dial or SIM shall cease to be valid:
10.1.1 On the expiry date shown with the Direct Dial / Phone Card;
10.1.2 When EuroComm is notified in writing of circumstances as described in Condition 2.3.5;
10.1.3 Upon termination of the Service under this agreement.

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11.    FORCE MAJEURE

Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without  limitation act of God, inclement weather, failure or shortage of power  supply, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act  or omission of Government, highway authorities, public telecommunication operators or other competent authority, war, military operations, or riot, difficulty, delay or failure in manufacture, production or supply by third parties of the Service or any part thereof.

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12.    NO WAIVER

Failure by either party to exercise or enforce any right conferred by this agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

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13.    SERVICE OF NOTICE

13.1 Any notice or invoice or other document which may be given by EuroComm under this agreement shall be deemed to have been duly given if left or sent by post (whether by letter, or, where the parties agree, by magnetic tape or any other form), telex or facsimile transmission (confirmed by letter sent by registered post) or, where the parties expressly agree, by electronic mail to the customer’s registered office or any other address notified to EuroComm in writing by the customer as an address to which notices, invoices and other documents may be sent.
13.2 EuroComm’ address for the service of any notice by the customer under this agreement shall be the address stated on the Application Forms or such address as EuroComm may prescribe in writing for that purpose.

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14.    CONFIDENTIALITY

The customer and any User shall at all times keep confidential the terms of this agreement and all  matters relating to the Service, and shall not disclose the same to any third party without the prior written consent of EuroComm.

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15.    ENTIRE AGREEMENT

This agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other agreements and representations made by either party, whether oral or written.

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16.    GOVERNING LAW

This agreement shall be governed by and constituted and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts.

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17.    VALUE ADDED TAX (VAT)

All prices are subject to VAT where applicable (customers registered outside the European Union are not subject to UK VAT).

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18.    USE OF TOLL FREE ACCESS NUMBERS

Customers will be able to make use of EuroComm’ toll free access numbers around the world. However they must realise that there is a charge for using these toll free access numbers, which will be levied against the customer’s EuroComm account.

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