The following specific terms and conditions are additional to those in the prevailing Digiweb Ltd General Terms and Conditions (“GTC”). These are the Specific Terms referred to in the GTC and apply to Digiweb VOIP or Broadband Talk Services (the “Talk Service”). These Specific Terms are in addition to the GTC, and in addition to the Specific Terms set out for the broadband service underlying the Talk Service.
The Talk Service is a hosted voice over internet protocol (VoIP) service, providing the facility to make and receive a telephone call on a suitably enabled Digiweb broadband service, and any other facilities that Digiweb agrees to provide You. You are able to make and receive calls to other VOIP users as well as access the public switched telephone, mobile and international networks.
A. Service Limitations (Important – 999 / 112 emergency calls)
1. The ability to make 999 or 112 emergency calls cannot be guaranteed. 999 or 112 emergency calls may fail if there is a failure of mains power or if the internet access service has failed.
2. It will not be possible to make 999 or 112 emergency calls:
(a) from a mobile device using the Talk Service (but 999 or 112 calls may be possible over the mobile network); or
(b) if Digiweb has suspended or interrupted the Service for any reason.
3. Wherever possible You should consider an alternative means to support emergency calls should the Talk Service not be available.
4. Due to the nomadic nature of the Talk Service, Digiweb cannot guarantee that emergency services will be able to accurately locate the origin of the call from Your number. It is advised therefore when making calls to all emergency services that You use a standard fixed telephone line whereby calls made from that line may be traced to a particular geographic location.
Digiweb will allocate a new number(s) or port existing numbers (subject to porting availability) for use with the Talk Service as set out in the Order Process.
C. IP Phones
Only the Equipment provided by Digiweb will connect the Talk Service appropriately.
D. Underlying Broadband Contract
Digiweb may automatically terminate this Agreement if Your contract for the underlying broadband access service used with the Talk Service is terminated.
E. Charges and Rates
1. The price of the Equipment and the Talk Service tariffs at the point of order will be as quoted on Rate Card at the time You submit Your Order. We will take reasonable care to ensure that the prices of Equipment and in the Rate Card are correct.
2. If You wish to change the scope of the Services after we accept Your order, and we agree to such change, we may modify the Rate Card accordingly.
3. Digiweb may:
(a) at any time increase our Rate Card tariffs by giving You written notice, to take account of any increase in the cost to us of supplying the Talk Services (including, but not limited to, any change in telecommunication operator rates for outbound calls) and such increased prices ruling at the date of supply of Services by us shall be substituted for the previous contract price.
(b) at any time after the first anniversary of the Commencement Date, increase the Rate Care Talk Service tariffs by giving You not less than one months’ written notice;
provided that You may terminate the Agreement on 30 days’ written notice to us if You do not accept any increase in the Rate Card Talk Service tariffs notified to You.
4. The number of minutes purchased through payment of the Charges are supplied on a month-by-month basis and any minutes not used in any particular month cannot be carried over into the next month.
F. Fraud, Security and Passwords
(a) Digiweb will provide You with a unique username and password (“Password”) to use the Talk Service.
(b) You are responsible for ensuring that all Passwords are kept secure and cannot be obtained or used by anyone other than You.
(c) You accept responsibility for all costs associated with any telephone call made through the Talk Services using any Passwords, regardless of whether You authorised any such costs being incurred.
(d) You agree that You will use the Services in accordance with all instructions that we notify to You from time to time and in accordance with any applicable laws and regulations.
(e) You must ensure that the Talk Services are not used, whether by You or by anyone else, for any unlawful or fraudulent purposes.
(f) You will not be excused from paying any Tariffs on the basis that the calls were made fraudulently. If we discover fraudulent calls being made, You consent to us taking such actions as we deem reasonably necessary (including blocking access to particular calling numbers), without notice to You, to prevent such calls from taking place. You acknowledge and agree that we: (a) are under no obligation to investigate the authenticity of calls charged to Your account; (b) are under no obligation to take action to prevent such calls from being made; and (c) are not liable for any fraudulent calls processed by us and billed to Your account.