Terms & Conditions
Udial Calling Accounts
1.1 “Call” means the establishment of a connection between the Customer and called party.
1.2 “Calling Account” means an account together with the Account Number issued by the Company under this Agreement for use with this Service.
1.3 “Account Number” means a number issued by the Company to the Customer for use with this Service.
1.4 “Customer” means the person to whom the Calling Account is issued.
1.5 “PIN” means personal identification number issued to the Customer by The Company.
1.6 “The Company” means UMBRELLA TELECOM MANAGEMENT LTD, of 11 Greenleaf House, Darkes Lane, Potters Bar, Hertfordshire, EN6 1AE, UNITED KINGDOM (Company No. 09719089), being the provider of the Calling Account and Services referenced in these Terms and Conditions.
2.1 The Company will provide the Calling Account to the Customer to use to make low cost calls anywhere in the world (the Service’) subject to the following Terms and Conditions.
2.2 Upon successful application for a Calling Account and payment of the minimum top up fee, the Company will issue the Customer with an Account Number, PIN and Access Number to use the Services.
- CHARGES AND PAYMENT:
3.1 All charges are to be prepaid by the Customer before they can use the Service. The minimum top up amount is £5.50 (of which currently 50p is bank charges; which may change from time to time). Payments can be made by credit/debit cards or online transfer. Please note that clearance and authorisation of funds is required prior to the prepayment being activated on the Calling Account and for the Customer to use the Service. The Billing Agent of the Company is GLOBAL PAYMENTS OR EAZY COLLECT SERVICES LIMITED. The name that will appear on a customer’s credit or debit card billing statement will be WWW.UDIAL.COM.
3.2 The Customer shall be liable for all charges incurred on the Calling Account, whether or not such use was authorised by the Customer.
3.3 Charges will accrue following the commencement of use of the Service by the Customer.
3.4 The Company will use all reasonable endeavours to deactivate the Calling Account within 1 hours’ notice if the Customer advises of suspected fraud. All charges incurred prior to the deactivation will be payable by the Customer.
3.5 From time to time, the Company will update its tariff and/or may amend these terms and conditions; this information is available online at www.udial.co.uk or www.udial.com and by calling our customer services team. Pricelists should always be checked against the information provided online. Any use of the Calling Account following any amendments to the tariff and/or terms and conditions shall be deemed as acceptance of the amended tariff and/or terms and conditions.
3.6 Billing is calculated on 1 minute or 2 minutes intervals depending on the length of call. A per minute surcharge is applied for calls originating from 0800 Freephone access numbers. All rates are correct at the time of website update but the Company reserves the right to change the rates without notice. The Company or any of its service providers cannot be held responsible for the performance of any fixed or mobile network. Errors and Omissions Excepted (E&EO).
3.7 New customes call rates ( home page ) are effective rates with joining bonus.
- VALIDITY PERIOD:
Udial Calling Credit is only valid for 90 days from date of purchased. After 90 days, all unused credit will expire and you need to recharge your account to make a call.
- CUSTOMER RESPONSIBILITIES:
The Customer agrees to:
5.1 To keep the Account Number and PIN confidential. Any disclosure of the Account Number or PIN shall be at the Customer’s risk and any misuse, and charges incurred in the Calling Account as a result shall be the Customers responsibility.
5.2 Not to use or attempt to use the Calling Account following a deactivation request by the Customer.
5.3 To make use of any reasonable written instructions provided by the Company in order to use the Calling Account.
5.4 Not to use the Calling Account for abusive, obscene, menacing or offensive communications.
5.5 To inform the Company immediately should the Customer suspect misuse of the Calling Account.
5.6 Not to use the Calling Account to infringe or violate any person’s rights.
- THE COMPANY’S RIGHTS:
6.1 The Company cannot guarantee that the Service will be free of faults and uninterrupted. The Company may suspend the service from time to time in its reasonable discretion for reasons such as maintenance and fault repair. The Company will use all reasonable endeavours to keep disruption to a minimum.
6.2 The Company may make alterations to the Account Number, code, access number or any other name issued by the Company at any stage.
6.3 The Company shall be entitled to amend and/or update these terms and conditions on at least 14 days’ notice to the Customer.
7.1 The Company shall not be liable in any way for any direct, indirect or consequential loss including, without limitation, loss of profit, costs, damages and other liabilities of whatsoever nature arising from its provision of the Service including failure to provide the Service to the Customer.
7.2 The Company will only be liable to the Customer for the remaining prepaid credit on the Calling Account if the Company is in breach of this Agreement or is negligent.
7.3 The Company shall not be liable for any loss, inconvenience or damage suffered by the Customer as a result of termination or suspension of this Service.
7.4 Nothing in this Agreement shall serve to limit either party’s liability in respect of death and personal injury caused by or arising from either party’s negligence, or liability that cannot be limited or excluded by law.
7.5 The Customer undertakes to hold the Company harmless from all and any liabilities including damages and claims arising from the Customer’s use of the Service.
8.1 This Agreement will remain in force until terminated by either Party: on not less than seven (7) days’ notice in writing by signed letter and email; or on notice taking immediate effect if the other Party has committed a material breach of this Agreement which is incapable of remedy; or on notice taking immediate effect if the other Party is subject to bankruptcy or equivalent proceedings, becomes insolvent or makes any arrangement or composition with or assignment for the benefit of its creditors, if any of its assets are subject to any seizure, or if it goes into liquidation (either voluntary or compulsory), or if a receiver or administrator is appointed over any of its assets or business.
- COOLING OFF PERIOD AND REFUND:
Under the Distance Selling Regulations you have the right to cancel your Service for any account opened on our website or through our telesales team within 14 days of opening your Account. You are entitled to be refunded any unused funds remaining on your Account. To cancel your account you must notify us within 14 working days following the day of account opening. You must claim a refund from in the form required by these Terms and Conditions. Should you wish to exercise your rights under the Distance Selling Regulations your order may only be cancelled in writing, by post, fax (0207 442 4409) or by e-mail email@example.com For the safety and security of account details, telephone cancellations cannot be accepted. You can contact our Customer Services department on 0207 442 0109 for further details. Any promotional credit/bonus awarded to open the account will not be refunded and will be deducted from any credit balance before payment of the refund if it has been used. After the 14 days cooling off period if you want to cancel your Calling account or if you want a refund for any top-ups made to your account, a minimum of £5 admin fee plus used call charges and credit/bonus will be deducted from the final amount refunded to you.
- EFFECTS OF TERMINATION:
10.1 Termination of this Agreement will be without prejudice to the rights and obligations of the Parties accruing prior to such termination.
10.2 In the event of termination, the Company will refund to the Customer any amount which has been prepaid and is not accounted for by Call Charges up to the date of termination minus an administration charge of £5, if the credit level held in the account is less than £5 then the full amount held in the account will be charged for the admin fee.
10.3 Cancellation in accordance with the Distance Selling Regulations shall be processed in accordance with the Cooling Off provisions set out in Clause 8 above.
Customer Personal Information
10.4. Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and/or agents and/or other authorised Parties to:
• identify you when you make Telephone enquiries;
• help administer any Accounts, the Service and other services and products offered by the Company;
• help to detect fraud, loss or criminal activity; and
• Write to, or Telephone, you with information about other services and products offered by the Company and or its related companies.
i. In order to tell you about discounts and offers that may be available, we will process information about your use of the Account and of the Service, including the time you make calls and frequently called numbers to improve the services offered to you.
ii. In connection with this Agreement we may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and they will retain a copy of the search. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and for debt collection and fraud prevention purposes.
iii. The Company does not generally issue itemised call records of your Account by default.
iv. You may inspect your call record and personal information held by the Company via our web site when you have logged into your account or by via our customer services.
11.1 Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstance beyond its reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute.
11.2 If any provision of this Agreement shall be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
11.3 No waiver of any provision of this Agreement or any rights or obligations of either party will be effective unless agreed in writing and signed by the relevant party waiving compliance.
11.4 This Agreement represents the entire understanding of the parties and supersedes all previous agreements, assurances, representations and arrangements between the parties.
11.5 References to the Company include to its successor in title and assigns. The Company reserves the right to transfer or assign all or part of this Agreement. The Customer may not assign or transfer this Agreement or the Calling Account.
11.6 Words in the singular shall be construed as including words in the plural and vice versa.
11.7 References in this Agreement to Clause are references to Clauses in this Agreement.
11.8 Headings are for convenience only and are not intended to affect the interpretation of this Agreement.
11.9 This Agreement shall be governed by and construed in all respects according to English Law. The parties shall submit to the exclusive jurisdiction of the English Courts.
You must ensure that your access to or use of this website is not illegal or prohibited by laws which apply or may apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website. Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We do not warrant that the trading service will be available at all times or at any specific times.
We are not responsible in the event that a transaction or trade is not processed due to technical difficulties affecting our system. In the event of any down time, failure or malfunction of any computer equipment or software or of any telephone line or other communication system, we will not be held liable in any circumstances for any transaction attempted or contemplated by you. We do not undertake to retain listings or to retain records of specific transactions.
We are not responsible for ensuring that warranty obligations are honored.
You acknowledge that a failure to comply with these terms and conditions entitles us to terminate your Account status. We may determine at our discretion whether such a failure has occurred.
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than as expressly authorised by these terms and conditions, you may not in any form or by any means: · adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or · commercialise any information, products or services obtained from any part of this website; without our prior written consent.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
· In or as the whole or part of your own trademarks;
· In connection with activities, products or services which are not ours;
· In a manner which may be confusing, misleading or deceptive;
· In a manner that disparages us or our information, products or services
(Including www.udial.com / www.udial.co.uk).
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorized to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not, without our written permission, on-sell information obtained from this website.
This website may contain links to other websites (‘linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Security of Information:
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access:
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Money Laundering Regulations and the Proceeds of Crime Act 2002:
We are required, under the Money Laundering Regulations, to seek certain information from all customers. For a company, the usual documentation is the company’s most recent audited accounts and a copy of the Certificate of Incorporation. For an individual or a partnership, the usual documentation required is a copy of the relevant pages of the individual’s passport or each partner’s passport to include photograph, passport number and personal information and a copy of a recent utility bills or a bank statement with your current address. We are legally compelled to make these requests as a result of the Money Laundering Regulations, and the Proceeds of Crime Act 2002 (“POCA”). Furthermore under the Proceeds of Crime Act 2002 we are obliged to provide a report to The National Criminal Intelligence Service (NCIS) if we become aware of a person having concealed, disguised, converted, or transferred criminal property or having removed criminal property from England and Wales or from Scotland or from Northern Ireland or if we know or suspect that those or other offences under POCA or the Money Laundering Regulations are or have been committed. These offences could also relate to other jurisdictions apart from the foregoing. In such circumstances, we have obligations to disclose or report such matters to NCIS and are not permitted to warn or tip off our customers of having done so if it might prejudice an investigation. In certain circumstances we may not be able to continue to act for clients without prior clearance from the relevant authorities concerned. Please note therefore that these legal obligations may well override any obligations we may have in respect of customer/client confidentiality in certain circumstances.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
We may collect website visitors’ contact information (like their e-mail addresses). Unless you object, this information may be used:
• To send news, information about our activities and general promotional material which we believe may be useful to you;
• To monitor who is accessing the website or using services offered on the website; and
• To profile the type of people accessing the website.
If you do not wish to have your personal information used in this manner or for any other specific purpose, you should e-mail us accordingly.
We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the avoidance of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect. If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
We subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
• We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
• We are required by law to disclose the information.
• We will preserve the content of any email you send us if we believe we have the legal requirement to do so.
Your email message content may be monitored by us for troubleshooting or maintenance purposes or if any form of email abuse is suspected. Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.
Individuals should not attempt to trace or investigate the identity or status of any other individual by any means including the use of third parties and illegal entry to secure database of the website by ‘hacking’. Individuals also should not attempt to write to, telephone, text or otherwise contact any other individual if the identity becomes known for any reason. Individuals found indulging in these practices will have their account terminated forthwith and where applicable, legal including criminal proceedings instigated.
If you wish to make a claim on us under this Agreement, you must notify us and give us such details of the loss as we may request as soon as you have identified it and in any case within seven days after you become aware or should reasonably have become aware of the event or omission on which your claim is based. If you do not do so we will not be liable to you.
Third Party Rights:
No term of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
This Agreement contains our entire agreement. No warranty shall be implied or have any effect unless specifically included in this Agreement and in any changes subsequently notified or the additional conditions.
These terms and conditions are governed by the laws in force in England and Wales.