Terms & conditions
The Clearcall Website is operated by Digitalmania Tecnologias SL (‘we’ or ‘us’ in these terms and conditions) and we shall be supplying any ‘number service’ bought through the Clearcall Online Website to you on the terms and conditions set out below.
Definitions
In these terms and conditions the following words have the following meanings:-
Customer Support: The service of providing a customer support team which is dedicated to problem solving for the VoIP Service via the Clearcall Online helpdesk, email or telephone.
Geographic Number: A telephone number with a geographic area code. Examples of Geographic Numbers include Alicante (965) and Cheltenham in the UK (01242).
Non Geographic Number: A telephone number which does not relate to any geographic area, the prefix to which does not belong to a specific geographical destination of the call. Examples of Spanish and UK non geographic numbers include but are not limited to those with prefixes 900, 901, 902, 0800, 0845, 0844, 0870 and 0871.
Number: A Geographic Number, Non Geographic Number or Premium Rate Number.
Number Service: Any of the call routing services to multiple landline and mobile numbers, voicemail and fax to email services any other call management services available on the Clearcall Online Website and any associated Customer Support (if any).
Premium Rate Number: A number with a prefix 09 in the UK and 900, 906, 909 and 976 in Spain, which are designated for the provision of Premium Rate Services which offer some form of content, product or service that is charged to users' telephone bills.
1. The contract between us
1.1 We must receive payment of the whole of the price for the Number and Number Service that you order before your order can be accepted and processed unless we have agreed in writing to supply the Number or Number Service on credit. Once we have received payment or we have agreed to give credit we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.2 Where we supply a Number or Number Service on credit, payment is due within 30 days of the date of our invoice.
1.3 Where you buy a Number and Number Service:
You shall be deemed to have accepted the Number Service on the date you are notified by us that the Number is operational.
You agree to pay all charges, VAT and any bank charges as they fall due the amount and time for payment is as set out on Clearcall Online Website from time to time.
The initial price paid relates to the supply of a Number and provision of non chargeable Number Service associated with that number.
We will provide the Number Service ordered with reasonable care and skill but we do not warrant or undertake that this will cause the Number Service to operate without fault or interruption.
We cannot guarantee the quality of a product or service provided by a third party for and on your behalf, however, we will use reasonable endeavours to resolve any disputes.
We shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by you.
You warrant and undertake that you shall in your use of the Number Service comply with our acceptable usage policy (below), any relevant legislative and regulatory provisions and shall not use the Number Service for any illegal purpose and shall indemnify us in respect of any liability howsoever incurred as a result of a breach of this clause.
In no event we or our network service suppliers be liable for any damages, including but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of or inability to use the Number or Number Service provided hereunder.
We and our network service suppliers disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. Neither us or our network service suppliers will be liable for unauthorised access to or alteration, theft or destruction of end user's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of our or our network service suppliers' negligence.
You shall indemnify us and shall hold us harmless against any and all losses, damages, costs and expenses arising from or in connection with any claims or proceedings brought by third parties against us in respect of or arising directly or indirectly from the resale of services.
Any notice required or authorised to be given may be delivered to us by post at our registered office and to you by post to the last known address which we hold and shall be deemed to have been served 72 hours after posting.
In the case of any customer who is an individual about whom we process personal data (as defined by the Data Protection Act 1998), we may use such data to provide you with details of our other products which may be of interest you.
In the event of a dispute between the parties concerning this agreement each of the parties, shall in the first instance, bring the dispute at the earliest opportunity to the attention of a director or similar officer of Digitalmania Tecnologias SL.
If a Number or Number Service remains unused for 90 days, we reserve the right to withdraw the Number Service and recover any Number(s) associated with the Number Service. If a Number is recovered, the initial purchase price paid for the Number will be refunded to you in full.
If a Number is withdrawn by CMT or Ofcom or ICSTIS or any of our suppliers for reasons beyond our control we reserve the right to withdraw the Number Service and recover the Number(s) associated with the Number Service from you immediately. We will use our reasonable endeavours to supply you with another Number which is acceptable to you but in the event this cannot be achieved the initial purchase price paid for the Number will be refunded to you in full.
If within 14 days of placing an order for the purchase of a Number through the Clearcall Online Website you are for any reason not entirely satisfied with your purchase you may cancel this agreement and we will return the initial fee paid by you (if any).
2. Price
2.1 The prices payable for the Number and Number Service that you order are set out in the Clearcall Online Website.
2.2 We reserve the right to vary prices, call charges and rebates and withdraw all or any part of the services provided under our agreement (if necessary without notice) in direct or indirect relation to CMT or Ofcom or ICSTIS rulings, changes to the law of Spain and the United Kingdom howsoever occurring or carrier licenses, or any other associated events or circumstances which are beyond our control.
2.3 We reserve the right to charge an annual renewal fee for any Number or Number Service.
3. Our right to cancel your contract
3.1 We reserve the right to cancel the contract between us if :-
3.1.1 one or more or any part of the Numbers or Number Service you ordered was listed on the Clearcall Online Website at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.
3.1.2 you place an order for a Number or Number Service any part of which is in the opinion of Digitalmania Tecnologias SL incomplete or inaccurate.
3.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit / debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation.
4. Duration
4.1 Where you order a Number Service these terms and conditions and this agreement will commence for a minimum period of 12 months and will continue to apply indefinitely (as from time to time varied) unless and until determined in accordance with the following provisions:-
4.1.1 By you giving not less than 30 days notice in writing to us (but without prejudice to any claim we may have for any antecedent breach of any other of these terms and conditions) or
4.1.2 By us in accordance with the remaining terms and conditions of this agreement.
5. Liability
5.1 If the Number or Number Service we provide are not what you ordered or are defective, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the provision of the service.
5.2 If you notify a problem to us under this condition, our only obligation will be, at our option: 5.2.1 to repair the defective service 5.2.2 to replace any service that is defective; or 5.2.3 to refund to you the amount paid by you for the Number or Number Service in question.
5.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) by reason of any breach or non-performance of our obligations under this agreement and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Number or Number Service in question under clause 5.2 above.
5.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded.
5.6 You are solely responsible for ensuring compliance with all relevant regulations and legislation relating to the ownership and use of a Number including without limitation The Communications Act 2003, any rules laid down by CMT in Spain and Ofcom and ICSTIS in teh UK, including any relevant codes of practice. You will indemnify us and hold us harmless against any liability we suffer as a result of any act or omission by you in breach of this clause.
6. Notices
6.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact email address at admin (at) clearcallonline .com and all notices from us to you will be displayed on the Clearcall Online Website from time to time.
6.2 It is your responsibility to regularly revisit the Clearcall Online Website to check for any notices which may have been posted on it.
7. Events beyond our control
We shall have no liability to you for any failure to provide the Number of Number Service you have ordered or any delay in doing so or for any damage or defect to the Number or Number Service provided that is caused by any event or circumstances beyond our reasonable control including, without limitation, acts of god, strike, lock-outs, and other industrial disputes and breakdown of systems or network access.
8. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these conditions will not be affected.
9. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy, a copy of which can be obtained from the Clearcall Online Website.
10. Third party rights
10.1 Except for our affiliates, directors, employees, or representatives and except as provided in this agreement, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
10.2 This agreement and all rights under it may be assigned or transferred by us.
11. Governing law
The contract between us shall be governed by and interpreted in accordance with Spanish law and the Spanish courts shall have non-exclusive jurisdiction to resolve any disputes between us.
12. Entire Agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Number or Number Service offered by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
13. Acceptable Usage Policy
The following policy is intended to be a guideline as to our acceptable usage policy which sets out violations of the accepted norms of the internet community and is not intended to be exhaustive. We reserve the right at all times to protect our reputation and goodwill.
13.1 You must not use the Number Service or allow anyone else to do so in contravention of the following clauses:
To commit or encourage a criminal offence;
To send or receive any material which is offensive, or which may be construed as abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
Do anything which is contrary to the acceptable use policies of any connected networks and internet standards;
Insert or knowingly or recklessly transmit or distribute a virus;
Hack into or disrupt any aspect of the Number Service;
You must not use your account for the purpose of obtaining unauthorised access to any computer or service, or to circumvent, or attempt to seek to circumvent, any of the security safeguards of the Clearcall Online Website or any of our suppliers' websites;
Cause annoyance to any other users of the Clearcall Online Website or Number Service;
So as to infringe upon the intellectual property rights of any other person whether in statute or common law, whether registered or not;
13.2 You must ensure that our equipment cannot be used to relay mail for a third party.
13.3 You are responsible for maintaining the confidentiality of the username and/or password assigned to you on registration. As a result you are fully responsible for all acts or omissions which are caused or omitted during any access of the Clearcall Online Website or Number Service when using your username and/or password, whether or not the username and/or password has been used unlawfully by a third party. You must notify us immediately if you become aware of any unauthorised use of your username and/or password.
13.4 You must not do any act nor omit to do any act or allow anyone else to do any act or omit to do any act in contravention of the any of provisions of the Communications Act 2003 or any other similar rules relating to usage of communications systems laid down by CMT or Ofcom and ICSTIS.
13.5 If any of the above conditions are breached, we reserve the right to immediately terminate your Number and Number Service without compensation in addition to any other rights reserved pursuant to clause 1.3 g) or any other clause of these terms and conditions.
Website Services
Terms and Conditions
By using the Clearcall Online website, you agree to be bound by Clearcalls Terms & Conditions set out below.
In the following terms and conditions, the words Clearcall Online, we, and our are used to refer to Digitalmania Tecnologias SL.
You accept e-mail as a valid means of communication of any agreement between you and Clearcall.
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 Clearcall (or 3rd party supplier that is engaged on your behalf by Clearcall) of your offer to buy goods from Clearcall and this acceptance is effective regardless of whether or not you receive the e-mail.
Clearcall are free to withdraw 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.
Price and availability information is subject to change without notice.
Site Information
To the fullest extent permitted at law, Clearcall is providing this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. Clearcall disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Clearcall does not represent or warrant that the information accessible via this site is accurate, complete or current.
1. Processing of orders
Clearcall aim to ship all items within 24 hours of receiving your order but your 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. Please note that your order may be sent to you in installments.
Credit and debit cards are debited before items are shipped by Clearcall. All prices include sales taxes (where applicable) unless otherwise stated.
2. Limitation of Liability
This liabilty section applies only to the extent permitted by law.
Except as set out below, neither Clearcall nor any of their directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site.
Clearcall does not limit its liability for death or personal injury to the extent only that it arises as a result of negligence of Clearcall, its directors, employees or other representatives.
Clearcall does not accept liability (except as set out below) for any errors or omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services.
Clearcall does not accept liabilty for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of or damage to property and/or loss from claims of third parties arising out of the use of the Clearcall website or for any products purchased from the Clearcall website. Clearcall will only be liable for direct loss up to a maximum total of the price of the product purchased in respect of any claim.
3. Modification of Terms
Clearcall 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 Clearcall site. These terms and conditions will apply to your order once you have received your confirmation email. They will supersede 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.
