TLT Communication GmbH:
The terms and condition apply to users purchase of Voiceport including the service from our website: www.voiceport.co.uk or through our designated retailers or IVR (interactive voice response) system
Terms used in this agreement are defined below:
Additional Service: The facilitation by TLT of the purchase of additional services, either from TLT or a limited network of third parties, using value which has been credited to Voiceport accounts including Users Account, which additional services may be publicized via the website or otherwise;
“Agreement”- Is the terms and conditions set out herein;
“Voiceport Service”- defines our proprietary card-less service which offers its User with international calling capability which is offered to you under this Agreement;
“Charges”-states the amount to be paid by using the Voiceport Services as per the prices and rates set in our rate list which is available on the website or upon request or conveyed to you (some of these charges are also set out at clause 5.2 below)
“Competent Authority”- means OFCOM or any other competent Government department or any regulatory body;
“Confirmation Message:” meaning messages that will be either sent by:
(i) SMS to User’s Phone number through which they will be registered, or
(ii) Delivered orally by our automated IVR which automatically dials that phone number,
At the time that you successfully apply for a User Account, which message includes your Security Code;
“IVR” means a telephone-based interactive voice response system;
"Network" - means the electronic communications systems run or procured by us for the purpose of providing the Services;
“Security Code”- refers to the four-digit personal identification number which is sent to the user with User’s Account
“The Services” is the Voiceport Services including the Additional Services;
“Account”& “User Account” means the account set up by Voiceport with a unique account number corresponding to either a mobile phone number or a fixed line number shared by you. This number will be credited with a certain amount purchased by you, this value maybe used for the purchase of Service from which the charges would be deducted; "we", "us" or “TLT” means TLT GmbH, a company registered in Germany with registered number Amtsgericht Darmstadt HRB 88810 and with its registered office situated at Hahlgartenstrasse 10c, 64331 Weiterstadt, Germany.
“User”, “you” and “your” means you, being an individual using or having, or authorizing another individual to have access to your account.
2. Commencement of Account
2.1. To open a User Account one has option of either opening through this website, IVR, or designated retail locations. To be able to make use of the service, you must complete the application form on the website, or apply through IVR or by providing all the necessary details to the assigned retailer. If we decide to accept the application, we shall send a confirmation message to your telephone number which has been registered with us. The contract between the two parties (you and us) of offering our Services will come into action at the time we send you a confirmation message. The completion of your application or use of our services will show that you agree to all the terms and conditions contained herein, and your agreement to the immediate commencement of the performance of all the agreement between you and us from the moment you are accepted as a customer and provisioned to enjoy our Services.
2.2. If you are a consumer and you have applied for your account via the website or via our IVR you have the right by law to cancel the contract within seven working days of the commencement of the Agreement, without giving a reason, However, you agree that the first time you use the Services, you will immediately lose your right to cancel the Agreement.
3. Our Obligations to you
3.1. TLT GmbH will provide its Service to you in accordance with this Agreement and subject to the availability, in case we determine you aren’t eligible for this Service we shall discontinue the Service. We shall provide the Services in the manner of a reasonably skilled electronic communications service provider.
3.2. We hereby cannot promise that the Service offered would be without interruption. We won’t be liable for a call that gets cut off for any reason or due to failure, interruption, delay, restriction or suspension of Service.
3.3. The connection from your telephone or data network to our network is not included in Voiceport Service. Our Services may be dependent on the provision to us of services by third party operators. We shall not be responsible to you for any faults or interruptions caused by them.
3.4. The Service at our discretion might be enhanced, upgraded or redesigned or we might alter the provision or means of provisioning (it may include the changing of telephone number used or method of allocating the Services). We shall not exercise our rights under this clause to your detriment without good reason.
3.5. In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent or objectionable. You agree to not exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
3.6. We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
4. Your Use of the Service:
4.1. In order to use and enjoy our Service, you must credit your account with sufficient amount. The top up of the account can be done any time through retailer, web transaction by using credit card, debit card, or any other form of payment we may authorize in future or it can be done through Voiceport vouchers. We claim our right to gather the full amount due if your form of payment is cancelled, disabled, suspended, discontinued or otherwise dishonored after your use of the service.
4.2. Our system usually recognizes the telephone number that you provided upon opening your account, without the need for you to use the Security Code every now and then. You are liable for preventing the unauthorized use of your Account and the Services and you are hereby responsible for any reduction in the amount in your User Account arising out of either authorized or unauthorized use.
4.3. Accepting the terms and conditions states that you will not use or allow use of the Services for any improper, immoral , offensive, unlawful, fraudulent, illegal purpose, including without limitation, for example, using the Service in a way that 1. Intervenes with our ability to provide the Service to you or to other customers; 2. Goes against the law or this Agreement; or 3. Eludes your obligation to pay for the Services; or 4. Is not for consumer use; or 5. Using the Service other that for personal, consumer use; or 6. Intercepting any communication which is not intended for you; or 7. Sending any unsolicited commercial communication; or 8. Submitting or exposing to any third party any material that infringes any third party's intellectual property rights or violates the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise objectionable in TLT GmbH’s sole discretion. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use the Service in any manner that could damage, disable, over burden, or impair our server, or the network(s) connected to any our server, or interfere with any other party's use and enjoyment of the Service.
4.4. If you or any other user whom you have allowed to use the Service does not comply with any provision of clause 4.3 or 4.6: (a) you shall insure and hold us harmless against all the liabilities, claims losses or any expenses arising directly or in any way that is associated or suffered as a result of such non-compliance and (b) we may suspend the service immediately without any prior notice and without incurring any liability on our part.
4.5. The confirmation message sent to you includes Security Code (1) for you to access your account details (2) to be able to make calls from the telephone number other than the number that was registered with Voiceport web dialer and (3) to be able to enjoy additional Service. In case you have misplaced the Security code you may call Customer Service. The Security Code number must be with you at all times and kept confidential and secured and in case it has been disclosed inform us immediately. The information of your account may be shared if anyone correctly quotes your Security Code
4.6. You acknowledge that the Services are for your personal use only and you will not re-supply or resell or otherwise make the Services available to any person on a commercial or any other basis. You are responsible for ensuring that only persons authorized by you use the Services via your Account and you agree to pay all charges relating to use of the Services including, but not limited to, the use or misuse by an unauthorized third party or accidental use. Notwithstanding the above, in the event of any unauthorized use of your Account, you must inform us in a timely manner.
4.7. Once you have purchased certain amount to be credited to your account by either credit or debit card, at times only partial value requested will be made available for your immediate use. In such cases, the balance of the value will only be transferred to you once your payment details have been authenticated and payment is actually taken (through debiting of your credit or debit card, or otherwise).
4.8. The balance in the account will not expire. Nonetheless, if no calls are made for a period of 12 months, then the account will become dormant and the services will be stopped. Accounts will be re-activated by contacting our customer service at any time.
4.9. We may, in our sole discretion, restrict or limit the number of User Accounts you open or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open a User Account and also reserve the right to close any User Account (with a corresponding refund) if the number of Your Accounts exceeds any limit which we choose to impose.
5.1. You shall pay the charges according to the use of the Services. The cost incurred through making calls and any other charges shall be deducted from the outstanding balance on your account. Once all the balance has been consumed you shall not be entitled to make any further calls or use of the Service unless you have credited the Account by top up. VAT is included in the charges.
5.2. The call time for each call is rounded up to the next whole minute and shall be billed in full minute increments. For all those calls for which we receive answer supervision shall incur a minimum one-moment charge. Mobile surcharges may also apply. Calls made from payphones in UK will carry 35 pence (£0.35) and in Germany will carry 40 cents (€0.40) per minute surcharge
5.3. We rely on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment.
5.4. For any disputed charges you must notify us within thirty (30) days of the charges or you will have waived off the right for the disputed charge.
6. Service Suspension
6.1. The service provisioning (or part of it) will be suspended immediately without prior notice until further intimation to you and without any compensation:
6.1.1. For any repair, maintenance or improvement
6.1.2. The time when we have reasons to suspect illegal, unlawful or fraudulent activity or our service being misused or the misuse of your Account including fraudulent calling patterns, excessive usage or billing irregularities, or misuse of service promotions, or any breach by you of this Agreement
6.1.3. In the event that we are required to comply with an order, direction, instruction or request of any Competent Authority; or
6.1.4. The form of payment you have used to fund your Account is cancelled, disabled, discontinued or otherwise dishonored.
6.1.5. Any other business reason in our sole discretion.
6.2. Any exercise of our right to suspend the Services shall not exclude our right subsequently to terminate this Agreement. We may refuse to restore the Services to you until the matters referred to in clauses 6.1.1 to 6.1.3 are cured or (where applicable) we receive an acceptable assurance from you that there will be no further breach.
7. Provision of Information
7.1. It is required that you must promptly and accurately give us all the information we may need so that we can perform our obligations under this Agreement. In case of any amendments you must inform us immediately of any change including the change for credit card account information and/or billing address. You have hereby agreed and confirmed that the information that you have provided to us under this Agreement shall be true, accurate and complete in all regards.
7.2. In order to administer, evaluate, develop and maintain the Services we may contact you any time before, during or after the term Agreement. Also please note that we might record your telephone calls to us in connection with the Services.
7.3. We will confirm our obligations under the Data Protection Act and any other applicable data protection legislation. You are also required to comply with all applicable data protection legislation. Furthermore, you must maintain any required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.
7.4. All information relating to you collected by us in the course of providing the Services shall remain confidential subject only to the permitted uses of that information under the Agreement or as may be required by any Competent Authority or any other regulations relating to the Services.
7.5. In connection with this Agreement we, and any other companies or agencies authorized by us, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and we may retain a record of the search. Information held about you by such companies or agencies may be linked to records relating to other persons living at the same address and such records will be taken into account in credit and fraud prevention checks
7.6. The information from your application also the payment details of your account will be recorded with one or more credit reference companies or agencies and maybe shared with other organizations (including debt factoring companies) to help make credit and insurance decisions about you, for debt collection and fraud prevention.
7.7. We might also share the information without affiliates or third parties for general marketing, administration, data storage or processing purposes.
7.8. Applying to use our Service you additionally agree to use and or disclose your personal information) to selected third parties for the purposes of providing and operating the Services.
7.9. You acknowledge that the companies receiving your information pursuant to clauses 7.5, 7.6, 7.7 and 7.8 above may be located outside the EEA in countries which do not have the same standards of protection for personal data as the UK. By applying to use the Services you also agree to such transfer and use of your personal data, including for the purpose of marketing goods and services to you by any means permitted by law. You may object to such use of your personal data at any time by informing us via our Website or by emailing Customer Services at firstname.lastname@example.org.
7.10. It should be noted by you that the communication with you (including telephonic conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes.
8. Service Expiry and Termination
8.1. The agreement may end on following grounds:
8.2. Sending notice for no less than 30 calendar days or
8.3. Immediately, without notice to you, if:
(a) you do not perform or observe any other obligations under this Agreement ("a breach") and where you have breached this Agreement and that breach can be remedied, you fail to remedy the breach within any reasonable time specified by us in a written notice requiring you to do so;
(b) a voluntary arrangement is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against you or a receiver or trustee is appointed on your estate;
(c) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services from us or during the provision of the Services;
(d) you or any other person at your premises use the Services or are suspected, in our reasonable opinion, of using the Services for illegal activities, fraud or attempted fraud;
(e) we are required to comply with an order, instruction or request of any Competent Authority.
8.4. TLT shall effect such termination by preventing your access to you User Account, the Service and/or our Websites (as applicable). Upon termination of your relationship with TLT; (a) all licenses and rights to use the Service, our Websites and your User Account shall immediately terminate; and (b) you will immediately cease any and all use of the Service, our Websites and your User Account.
9. Limitation of Liability
9.1. Our Liability to the extent not prohibited by Law, in no event shall we be Iiable for personal injury, or any incidental, special, indirect or consequential damages whatsoever. These limitations apply even if the damages were foreseeable or we were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.
9.2. Subject to clause 9.1 and to the extent permitted by law, we do not accept any liability under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any:
(a) loss of profits;
(b) loss of sales;
(c) loss of turnover;
(d) loss of or damage to business;
(e) loss of or damage to reputation;
(f) loss of contracts;
(g) loss of customers;
(h) loss of, or loss of use of, any software or data;
(i) loss of use of any computer or other equipment or plant;
(j) wasted management or other staff time; or
(k) indirect, special or consequential loss or damage
And for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
9.3. Subject to clauses 9.1 and 9.2 and to the extent permitted by law our total liability arising from or in connection with this Agreement and in relation to anything which we may have done in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the lesser of;
(a) the amount of loss suffered by you in respect of the relevant liability assessed; or
(b) an amount equal to the total value of credit purchased by you for your Account during the previous 12 months.
9.4. We will not be liable under this Agreement for breach of any of its terms to the extent that the breach concerned arises from:
(a) use of any Services other than in accordance with normal operating procedures as notified to you;
(b) any alterations to any Services made by anyone other than us;
(c) any abnormal or incorrect operating conditions; or
(d) any other hardware or software being used with or in relation to any Services, unless this has been approved by us or the relevant statutory process of the connection of apparatus to public communications networking.
9.5. We hereby exclude all the conditions and warranties, other than those explicitly set out in this Agreement, including any warranties implied by law if and to the extent such warranties and conditions implied by law can be lawfully excluded.
9.6. You assume total responsibility and risk for your use of the Services. All Services are provided on an "as is, as available" basis. We do not warrant that the service is completely error-free or will operate without packet loss or interruption nor do we warrant any connection to or any transmission over the Internet.
9.7. We shall not be responsible for any costs incurred by the User, including mobile phone provider charges, in the event the User incorrectly uses the Services or uses the Services for any unlawful purpose.
10. Assignments and Third Party Rig
10.1. The Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. We have the right to assign both the benefit and burden of this Agreement as part of a business reorganization together with any associated rights of access and installation at any time to any company or person and you hereby consent to such assignment.
10.2. This agreement does not provide any third party with a remedy, claim or right of reimbursement.
10.3. Changing of terms and conditions and pricing:
10.4. We claim the right to change the terms and conditions of the Agreement plus the services which we provide to you in case of:
10.5. OFCOM or any other Competent Authority makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy; or
10.6. We reasonably determine that any technical modifications to the Network or change in our trading, operating or business practices or policy is necessary to maintain the Services which we provide to you.
10.7. We might, at out sole discretion and without any notice, change or amend charges or rates affecting the Services. For any query you may contact our Customer Services department to have the updated rate information of all our Services. We shall also update our website as soon as possible.
11. Unforeseeable Events
Neither party would be liable for any breach of this Agreement (except as regard to your non-payment of Charges) which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, acts of terrorism, explosion, war, military operations, civil disorder, damage to the Network, vandalism, sabotage, industrial disputes or acts of any Competent Authority. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.
12. Entire Agreement and No Representations
12.1. The Agreement represents the understanding between the two parties in relation to its subject matter and supersedes all agreements and representations made by either party either oral or written. Our agents and resellers are not authorized to amend this agreement or to agree term which is inconsistent with this Agreement.
12.2. The parties acknowledge and agree that:
(a) the parties have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it; and
(b) in connection with this Agreement the parties' only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Agreement and that all other rights and remedies are excluded, except in the case of fraud.
If any provision (or part of a provision) is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision (or such part of that provision).
The failure by TLT to exercise, or delay in exercising, a legal right or remedy provided under this Agreement or by Law shall not constitute a waiver of TLT's right or remedy. If TLT specifically waives a breach of this Agreement, the waiver shall not operate as a waiver of a subsequent breach of the Agreement.
15.1. Notices given under this Agreement are to be delivered by hand or by prepaid first class post or electronic mail either:
15.2. To us: at TLT Communications GmbH, Hahlgartenstrasse 10c, 64331 Weiterstadt, Germany or email@example.com or to any alternative address notified to you (you may also use this address for complaints);
15.3. To you: at the postal or email addresses specified by you at the time that you applied for your Account or to an alternative address notified to us.
16. Intellectual Property
Any of the trademarks, service marks, symbols, logos, and other identifying indicia used by TLT and the intellectual property rights thereto (collectively “Marks”) are the property of TLT or its affiliates and you shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Services and the Website. You are not permitted to commercially resell the Services or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Services. Any reproduction or redistribution of the Services and / or Marks not in accordance with the terms set forth herein is expressly prohibited by Law, and may result in severe civil and criminal penalties.
17. Governing Law
This Agreement is subject to the laws of England. Notwithstanding the governing law, the “Applicable Law” where referred to under this Agreement shall be the law of Germany. This provision shall apply no matter where you reside, or where you use, purchase or pay for the Service.
18. Dispute Resolution
All disputes arising out of or relating to this Agreement, the Website and/or the Services (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other equitable theory) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the International Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator. The English language shall be used throughout the arbitral proceedings. The arbitration shall take place in Frankfurt, Germany.
The cost of the arbitration including the fees and expenses of the arbitrator shall be shared equally by the Parties unless the award provides otherwise. Any Court of competent jurisdiction may confirm or enforce the award. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought by you as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to this Agreement, the Website or the Service. Any dispute or claim arising out of or relating to this Agreement, the Website or the Service must be brought within two years after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.
This Agreement is the entire agreement between you and TLT relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This agreement may only be changed, modified or amended in the manner as provided in this section. TLT may without notice amend this Agreement or the information on its Websites from time to time. The changes will be effective when published on the Websites. You understand and agree that your use of the Service or Websites after the date of publication shall constitute your agreement to the updated Agreement.