Terms & Conditions

By using this website you accept these terms of use, please read them carefully before using this website. THEVOIPSHOP.co.uk reserves the right to amend these terms of use at our sole discretion and without prior notice. Your continued use of this website indicates your continued acceptance of these terms. If you are a THEVOIPSHOP.co.uk user you must read these terms and conditions in conjunction with the THEVOIPSHOP.co.uk Service Terms and Conditions. THEVOIPSHOP.co.uk is a trading name of THEVOIPSHOP.co.uk a company incorporated in England and Wales with the company number 05693707

THEVOIPSHOP.co.uk reserves the right to amend, modify or discontinue, suspend or restrict your access to any part/s of this website without notice. Except as expressly provided otherwise in a written agreement between you and THEVOIPSHOP.co.uk, this website and the materials contained herein are provided as is and without warranties of any kind. THEVOIPSHOP.co.uk and each of THEVOIPSHOP.co.uk's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns shall not be liable for any special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use this website. No advice or information, whether written or oral, obtained by you from THEVOIPSHOP.co.uk or from or through the website shall create any warranty not expressly stated otherwise in these Terms.

THEVOIPSHOP.co.uk does not warrant that the features and functions contained in this website will be uninterrupted or error-free, or that this service or the server that makes it available will be free of viruses or other harmful elements.

THEVOIPSHOP.co.uk makes no representation that materials in the website are appropriate for use in your location or jurisdiction. By accessing this website you agree that you do so on your own initiative and are responsible for compliance with local laws, where these laws are applicable.

THEVOIPSHOP.co.uk may provide links to other websites which are not under our control. Such links do not imply any endorsement by THEVOIPSHOP.co.uk of either the website or the products available on them, and THEVOIPSHOP.co.uk is not responsible for the content or accuracy of the information on such websites.

If at any time you make any submissions via the website, including but not limited to comments, suggestions, bug reports and feature ideas you assign all rights in these Submissions to THEVOIPSHOP.co.uk. THEVOIPSHOP.co.uk shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to THEVOIPSHOP.co.uk will not be treated as confidential and THEVOIPSHOP.co.uk shall not be liable for any disclosure of the Submissions.

Any software that is made available for download from this site is subject to the EULA and the Service is subject to the THEVOIPSHOP.co.uk Service Terms and Conditions published on this Website.

Your privacy is very important to us. Please see our privacy policy published on this website for more details.

This agreement is governed by the laws of England. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

Cloud Phone System Terms & Conditions

Introduction This Agreement sets out the terms on which The Voip Shop t/a transltr Ltd agrees to provide its The Voip Shop t/a transltr Ltd Business Phone System service ("Service") to you. This Agreement commences on the date that The Voip Shop t/a transltr Ltd first accepts your order. This Agreement comprises (i) these Terms of Service; (ii) our Privacy Policy; and (iii) our The Voip Shop t/a transltr Ltd Business Phone System as described in your order. Orders for the Service are accepted at our sole discretion. The expressions, "The Voip Shop t/a transltr Ltd", "we" and "us" and "our" mean The Voip Shop t/a transltr Ltd Limited (company number 05199171), whose registered office is at 25 Vulcan Road, Leicester, LE5 3EF. The expressions "you" and "your" mean you the business customer. All notifications and information from us to you relating to the Service and this Agreement will be sent to you by email. The Service is sold as a business Service for use in the course of your business. However, in the unlikely event that you may be purchasing the Service as a consumer you have a statutory right to cancel within 14 days of your order. 1. Essential Service Information 1.1 By signing up to the Service you understand and agree that the Service may not offer all of the features you may expect from a traditional phone line and may sometimes be unavailable as a result of things over which we have no control, for example, power disruptions and failures of your internet service provider (ISP) or broadband connection. You must maintain your broadband connection in order to use the Service. Your attention is specifically drawn to the service description at thevoipshop.co.uk, which describes the Service and any limitations. 1.2 If the Service is fully operational, 999/112 public emergency call services can be accessed from within England, Wales, Scotland and Northern Ireland. However, you understand and acknowledge that there may be some limitations as set out in the following paragraphs. 1.3 If you use the Service outside England, Wales, Scotland and Northern Ireland you will not be able to call emergency services in the country where you are located. A line from another communications provider will be required to call emergency services outside England, Wales, Scotland and Northern Ireland. 1.4 If there is a Service outage for any reason, such outage may prevent access to 999/112 dialling. 1.5 You must register with The Voip Shop t/a transltr Ltd the primary physical location where you will be using the Service. Your initial location will be registered as a part of subscribing to the Service. It is your responsibility to maintain the accuracy of your location address if there are any changes. You can do this by emailing any changes to us at support@thevoipshop.co.uk. If you do not update us with changes, it may or may not be possible for emergency operators and authorities to identify your location and phone number when you dial 999/112. Location information of your primary office as notified to The Voip Shop t/a transltr Ltd will only be provided to emergency services; extension information may not be provided to emergency services. When you dial 999/112 you will need to state your location and phone number promptly and clearly, as emergency operators and authorities may not have this information. 1.6 Emergency operators and authorities may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason. Emergency operators and authorities may also not be able to hold your line open in the event you hang up. 1.7 You agree to inform potential users of the Service of the above limitations and you understand and accept that you should always have an alternative means of accessing 999/112 emergency services. 1.8 If The Voip Shop t/a transltr Ltd suspends the Service you will still be able to dial 999. 1.9 Number portability may be unavailable with the Service. If you wish to port your telephone number to The Voip Shop t/a transltr Ltd or your telephone number from The Voip Shop t/a transltr Ltd to another provider, you may not be able to keep your telephone number. 1.10 If you port out your telephone number to another provider, the Service and this Agreement will not be cancelled and you will remain responsible for payment of all subscription charges and other charges under this Agreement for their full term. 2. Use of the Service, Suspension and Termination 2.1 You agree that you will use the Service in accordance with such instructions as we may notify to you from time to time and in accordance with any applicable laws and regulations. You are responsible for all activity and usage of the Service and for any breaches of this Agreement that may result. Any breach of security (for example, in connection with your username or password) must be notified to us immediately. To help avoid any unauthorised use of the Service it is your responsibility to choose a robust password combination and to change your password regularly. We shall have no liability for any loss or damage that may arise from your failure to choose a robust password combination or your failure to change your password regularly. You must ensure that the Service is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes. You are responsible for all usage and charges on all devices and features including The Voip Shop t/a transltr Ltd softphone and mobile clients registered with The Voip Shop t/a transltr Ltd. You will bear the risk of loss and assume all liability arising from any prohibited, unauthorised or fraudulent usage of the Service. Any such prohibited, unauthorised or fraudulent use will be a material breach of this Agreement. You are responsible to secure all credentials used to access the Service, including credentials used by telephones or softphones and credentials used by end users or administrators, as well as the media access control (MAC) address of telephones used by you. You will not be excused from paying for the Service or any portion thereof on the basis that fraudulent calls and any charges associated therewith comprised a corresponding portion of the Service. In the event that The Voip Shop t/a transltr Ltd discovers fraudulent calls being made, you consent to The Voip Shop t/a transltr Ltd taking actions it deems 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 The Voip Shop t/a transltr Ltd: (a) is under no obligation to investigate the authenticity of calls charged to your account; (b) is under no obligation to take action to prevent such calls from being made; and (c) is not liable for any fraudulent calls processed by The Voip Shop t/a transltr Ltd and billed to your account. 2.2 You agree that you will not use the Service nor allow others to use the Service: 2.2.1 to send a communication which is unlawful, harmful, threatening, defamatory, abusive, obscene, offensive, harassing or racially or ethnically offensive, menacing or otherwise criminal in nature or in breach of any copyright, privacy or any other rights; 2.2.2 to facilitate illegal activity; 2.2.3 to depict sexually explicit images; 2.2.4 to promote unlawful violence, discrimination based on race, gender, age, disability, sexual orientation, religion and belief, gender reassignment or any other illegal activities; and /or 2.2.5 in a way that in The Voip Shop t/a transltr Ltd's reasonable opinion is likely to affect the quality of the Service or any other service provided by The Voip Shop t/a transltr Ltd. 2.3 You agree that the Service is for your own use in the course of your business only. You represent and warrant that you will be the ultimate end user of the Service. You will not in any way re-sell, re-supply, license, permit or otherwise allow any third party to use the Service without receiving The Voip Shop t/a transltr Ltd's prior written consent, which may be withheld or conditioned in The Voip Shop t/a transltr Ltd's sole discretion. 2.4 In some cases, The Voip Shop t/a transltr Ltd may utilise the public Internet and third party networks outside of its control in conjunction with the provision and maintenance of the Services and its websites. In such cases, The Voip Shop t/a transltr Ltd makes no representation that the Internet or any such third party network will adequately secure or protect your privacy or any end user's personal information, and The Voip Shop t/a transltr Ltd expressly denies any associated liability. Actions or inactions caused by these third party networks can result in situations in which The Voip Shop t/a transltr Ltd customers' connections may be impaired or disrupted. Although The Voip Shop t/a transltr Ltd will use commercially reasonable efforts to remedy or avoid such events, The Voip Shop t/a transltr Ltd expressly disclaims warranties and any liability with respect to these third party networks or any disruptions that may occur thereon. 2.5 You must not reconfigure or tamper with any equipment supplied to you for the purpose of accessing the Service ("Equipment"). In the event that you do reconfigure or otherwise tamper with Equipment, we reserve the right to withhold support and suspend or terminate the Service. The Equipment must be kept and used in strict accordance with instructions issued by the manufacturer or us and must not be used in conjunction with other equipment not approved by the manufacturer or us. You are only permitted to use the Equipment to connect to the The Voip Shop t/a transltr Ltd network. 2.6 You agree to notify us immediately by calling us on 0116 2438426 (or such other telephone number as may be posted on our web site from time to time) if Equipment used to access the Service is stolen or if you become aware of any unauthorised use of the Service. Failure to do so may result in you being liable for any losses arising as a result of such unauthorised use and suspension or termination of your Service. 2.7 All information provided by you shall be true and accurate and will be relied upon by us for the provision of the Service and collecting payments from you. 2.8 If, at any time, the Service is affected or unavailable you will continue to be billed for the Service. 2.9 If you move from the address where we provide the Service and you want to continue with the Service at your new address we shall need to carry out a telephone line test at the new address. If it is not possible to connect you to the Service at the new address you may terminate your Service with effect from the date of your move into the new address provided you give us 21 days' written notice and evidence of your change of address. On termination then without prejudice to any other remedy available to us under this Agreement or at law, you will pay to us as liquidated damages for early termination (being a genuine pre-estimate of the loss and damage we would suffer as a result of early termination) the monthly Service charges that would have been payable to us up until the end of the Minimum Term and you will be responsible for paying all charges under your applicable call plan including without limitation unbilled charges, early termination charges and any other applicable fees and charges all of which immediately become due and payable. We shall immediately charge all these amounts to your account. 2.10 Without prejudice to our rights to terminate this Agreement and your Service, we may immediately and without liability suspend the Service in the following circumstances: (a) if we reasonably believe you are in breach of any term of this Agreement or any other agreement with us; (b) if you abuse or threaten us, or a member of our staff; (c) if your use of the Service violates any applicable laws or regulations; (d) if we are legally required to suspend or terminate the Service in order to comply with applicable law or regulation including an order, instruction or request of government or other competent authority; (e) if your use of the Service poses a security risk to the Service or any third party or may subject The Voip Shop t/a transltr Ltd or any third party to liability; or (f) upon the occurrence or threat of any other event or circumstance for which The Voip Shop t/a transltr Ltd reasonably believes that suspension of the Service is necessary to protect the The Voip Shop t/a transltr Ltd (or other third party) network, systems or customers. We may also suspend the Service if we are obliged to comply with an order, instruction or request of government or other competent authority. 2.11 We may terminate this Agreement and your Service immediately upon written notice if you are subject to a Change of Control. In this clause the term "Control" shall mean the possession by any person(s) directly or indirectly of the power to direct or cause the direction of another person and "Change of Control" is to be construed accordingly. You will notify us in writing of this within 14 days after the Change of Control. If we have not exercised our right of termination under this clause within 45 days following receipt of notice of your Change of Control, that right of termination will expire. 2.12 We can end this Agreement and terminate your Service immediately upon notifying you by email if: 2.12.1 you breach this Agreement and fail to remedy the breach within a reasonable time specified in a written notice from us to do so; 2.12.2 you fail to make any payment when due; 2.12.3 you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets or if anything analogous to the foregoing occurs. We can also end this Agreement if we consider any of these things or something similar may happen; 2.12.4 any regulatory change affecting our ability to offer the Service is introduced, including but not limited to any authorisation or licence under which we provide the Service expiring or being revoked. 2.13 We may terminate this Agreement and your Service at any time for convenience upon giving you 1 month's prior written notice without liability to you. If we give notice of termination for convenience during the Minimum Term no early termination charges will apply. 2.14 We may terminate this Agreement and your Service immediately upon written notice at any time without liability to you if any underlying arrangement between us and any other third party operator or supplier is terminated for whatever reason. 2.15 Upon any suspension or termination by us, you are responsible for all charges under your account that would have been payable but for suspension or termination, including without limitation unbilled charges, applicable early termination charges and any other charges all of which immediately become due and payable. If we terminate this Agreement before the end of the Minimum Term as set out in clause 3.1, or due to your breach of this Agreement or for any of the reasons set out clauses 2.5, 2.6, 2.10, 2.11, 2.12.1, 2.12.2, 2.12.3, 4.1, 4.3, 4.5, 5.1, 13.1 or 13.2, then without prejudice to any other remedy available to us under this Agreement or at law, you will pay to us as liquidated damages for early termination (being a genuine pre-estimate of the loss and damage we would suffer as a result of early termination) the monthly Service charges that would have been payable to us up until the end of the Minimum Term . We shall immediately charge all these amounts to your account. We may or may not agree to restore your Service. Before we agree to restore your Service a re-activation fee (details of which are set on our website) will be charged. 3. Term and Consequences of Termination 3.1 This Agreement shall commence on the date The Voip Shop t/a transltr Ltd accepts your order for the Service for the minimum term as set out in your order ("Minimum Term") and, except as provided elsewhere in this Agreement, shall continue thereafter unless terminated by either party giving to the other not less than 1 month's prior notice to expire at the end of the Minimum Term or at the end of any month following the end of the Minimum Term. Notice of termination as aforesaid under this clause 3.1 from The Voip Shop t/a transltr Ltd to you will be given by email. If you want to terminate this Agreement in full, or if you want to terminate some but not all of your lines and other features of the Service, for any reason (including pursuant to this clause 3.1) you must telephone us by calling 0116 2438426(or such other telephone number as may be posted on our web site from time to time). The Voip Shop t/a transltr Ltd will send you confirmation of your cancellation by email. 3.2 If you terminate your Service before the end of the Minimum Term, or if we terminate your Service before the end of the Minimum Term due to your breach of this Agreement or for any of the reasons set out in clauses 2.5, 2.6, 2.10, 2.11, 2.12.1, 2.12.2, 2.12.3, 4.1, 4.3, 4.5, 5.1, 13.1 or 13.2, then without prejudice to any other remedy available to us under this Agreement or at law, you will pay to us as liquidated damages for early termination (being a genuine pre-estimate of the loss and damage we would suffer as a result of early termination) the monthly Service charges that would have been payable to us up until the end of the Minimum Term. You will also be charged any early termination charges in respect of each line, extension and other Service feature disconnected and you will be responsible for paying all charges under the applicable Service plan including without limitation unbilled charges and other charges all of which immediately become due and payable. We shall immediately charge all these amounts to your account. In the event of termination for any reason whatsoever no amounts will be refunded in respect of Equipment purchased by you. 4. Charges and Payment 4.1 Billing will commence on the Service activation date. Billing will not be delayed due to your readiness to accept or use the Service. Charges for the Service will be billed in monthly cycles on a regular working day each month as notified to you when The Voip Shop t/a transltr Ltd accepts your order ("Billing Period"). Provision of the Service is conditional upon you paying all fees and charges applicable to the Service in accordance with this Agreement. We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due. During any period of suspension you will remain responsible for all charges under your call plan that would have been payable but for suspension, including without limitation unbilled charges and other charges all of which immediately become due and payable. You must pay all sums due in full and you cannot set off, deduct or withhold any part of any sum you owe in respect of the Service. The methods of payment accepted by The Voip Shop t/a transltr Ltd are BACS, Direct Debit and Card Payments. The only permissible method of payment for monthly Service charges is by direct debit or BACS. All fees and charges are, unless otherwise stated, exclusive of Value Added Tax ("VAT"). You agree that we shall provide you with an electronic VAT invoice showing the total amount due and the amount of VAT payable. 4.2 If you cancel your direct debit method of payment we may suspend or terminate your Service. 4.3 If payment is by credit card, The Voip Shop t/a transltr Ltd reserves the right at any time to stop accepting credit cards from one or more issuers. 4.4 If your direct debit details change you must notify us immediately by calling us on 0116 2438426 option 3 (or such other telephone number as may be posted on our web site from time to time). Failure to do so may lead to suspension or termination of your Service. 4.5 We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due. 4.6 You must pay all sums due in full and you cannot set off, deduct or withhold any part of any sum you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection. Without prejudice to our other rights, we reserve the right to charge daily interest on all outstanding amounts from the due date until payment is received in full at the rate equal to 2% per annum above the Barclays 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. 4.7 All subscription charges will be billed monthly in advance and all usage-based charges will be billed monthly in arrears, together with and any other charges which The Voip Shop t/a transltr Ltd decides to bill in arrears. 4.8 We can change the payment terms for any good reason, for instance, if you do not pay your bills on time. 4.9 You must notify The Voip Shop t/a transltr Ltd in writing within 7 days after the date of your The Voip Shop t/a transltr Ltd online statement if you dispute any The Voip Shop t/a transltr Ltd charges. Billing disputes must be notified to billing@thevoipshop.co.uk 4.10 If you accept an equipment upgrade, special offer, promotion or benefit, such as a free month of service, free installation, a rebate or other incentive, there may be a term commitment associated with the benefit you accepted ("Commitment"). The Commitment will be disclosed as part of the promotion. The Commitment begins on the date you activate the new equipment or accept the special offer, promotion or benefit. If your Service is disconnected prior to the end of the Commitment period, you agree to pay The Voip Shop t/a transltr Ltd a recovery fee in an amount equal to the difference between the price you paid and the suggested retail price (SRP) of the goods, service or other benefit you received at the time the Commitment period began. Recovery fees are cumulative and in addition to any other charges or fees you may owe The Voip Shop t/a transltr Ltd, including any early termination charges. 4.11 You accept that when you order the Service from us we may carry out credit reference enquiries about you and that we may also carry out identity and fraud prevention enquiries. All information disclosed to us following such enquiries will be protected and kept secure in accordance with our privacy policy. We may also carry out credit reference enquiries about you at any time during which you are a The Voip Shop t/a transltr Ltd customer and we may at any time impose a credit limit on your account. We may change any credit limit on your account without prior notice. 5. Permitted Business Use 5.1 You must use the Service for normal and reasonable use in the course of your business ("Permitted Business Use"). If you use the Service otherwise than for Permitted Business Use, we may at our sole option either suspend the Service immediately and offer you an alternative call plan or terminate the Service immediately. In the case of any termination then without prejudice to any other remedy available to us under this Agreement or at law, you will pay to us as liquidated damages for early termination (being a genuine pre-estimate of the loss and damage we would suffer as a result of early termination) the monthly Service charges that would have been payable to us up until the end of the Minimum Term and you will be responsible for paying all charges under your applicable Service plan including without limitation unbilled charges, early termination charges and other charges all of which immediately become due and payable. We shall immediately charge all these amounts to your account. Each of the following will be considered when evaluating whether your behaviour is outside of Permitted Business Use: 5.1.1 persistent use by or for others who do not work in your business; 5.1.2 use by others who are not registered The Voip Shop t/a transltr Ltd mobile client users; 5.1.3 frequent changes to telephone numbers registered for use with mobile clients you have registered with The Voip Shop t/a transltr Ltd; 5.1.4 operating a call centre; 5.1.5 telemarketing; 5.1.6 resale to others; 5.1.7 auto-dialing or fax/voice blasts; 5.1.8 use without making a live call; 5.1.9 unique numbers called; 5.1.10 different numbers called; 5.1.11 call forwarding/transferring; and 5.1.12 conference calling. 5.2 The examples of behaviour listed in clause 5.1 above are not intended to be exhaustive and we reserve the right to take into account other examples of behaviour that we may determine to be relevant when deciding whether or not your usage constitutes Permitted Business Use. 5.3 The Service is provided primarily for continuous live dialogue between two individuals. Lack of continuous dialogue activity, excessive conferencing or call forwarding will be considered indicators that use may be inconsistent with normal Permitted Business Use by other The Voip Shop t/a transltr Ltd customers. 5.4 Some call plans allow for the use of additional devices and clients (such as our softphone client, personal computers, mobile phones, and mobile client phone numbers registered with The Voip Shop t/a transltr Ltd or other Equipment) as part of that call plan. If you subscribe to a call plan which permits use of more than one device or client with the same line, your usage will be aggregated and assessed when evaluating whether your usage is outside of Permitted Business Use. 5.5 You may only use the Service for lawful and appropriate purposes. You may not use the Service in any way that is unlawful, fraudulent, improper or inappropriate. You may not use any automated means to manipulate the Service or use the Service to violate any law, rule, regulation or any third party's intellectual property or personal rights. 5.6 We reserve the right to review your account if account usage is outside normal Permitted Business Use standards, impermissible or detrimental to other customers' ability to use the Service or adversely affects our operations. 6. Ownership and Risk You must take good care of all Equipment we supply to you. You bear all risk of loss or theft of, or damage to, the Equipment. 7. Changing the Agreement 7.1 We may at any time change the terms and conditions of this Agreement, any policy or document referred to in this Agreement, our charges and call plans by sending you an email notification. We shall endeavour to notify you of changes to call plans and charges at least one month before they are due to take effect, however, we may have to make some changes without giving the full one month's notice. You agree that if you use the Service after any changes take effect you will be bound by the changes. You may contact us at any time on 0116 2438426 (or such other telephone number as may be posted on our web site from time to time) for details of changes to charges and call plans 7.2 With regard to changes to charges and destinations within your calling plan, provided you have not used the Service following any change as described in clause 7.1, you may end this Agreement without incurring any applicable early termination charges if the changes cause you material detriment provided that you will remain liable for all charges due up until the date of termination. To exercise your right of termination you will need first to give us notice by telephoning 0116 2438426 (or such other telephone number as may be posted on our web site from time to time). 8. Warranty 8.1 We warrant that we shall provide the Service with reasonable skill and care, within a reasonable time and substantially as described in this Agreement. We do not warrant that the provision of the Service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the Service. We do not make any other promises or warranties about the Service. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. The Equipment and the Service is made available "as is" for your own use only. Nothing in this Agreement affects your statutory rights. 8.2 We will provide a limited warranty on Equipment covering manufacturing defects subject to the terms of the warranty as provided by the manufacturer of the Equipment. If during the warranty period Equipment supplied by us is faulty because of manufacturing defects you must report the fault by telephoning us promptly on 0116 2438426(or such other telephone number as may be posted on our web site from time to time) and we shall replace the Equipment for you provided the faulty Equipment is returned to us (to such address as shall be notified to you by The Voip Shop t/a transltr Ltd) within a period of 30 days following the date on which the fault was reported to us. The faulty Equipment must be returned to us in its original packaging with the universal product code or bar code intact. All components, manuals and registration cards must be included. You will be charged for the replacement Equipment (including our delivery costs). The amount charged for the replacement Equipment (excluding our delivery costs) will be credited back to you provided we receive the faulty Equipment within 30 days following the date on which the fault was reported to us and provided further that the fault is not caused by abuse or negligence while in your care. 8.3 The Voip Shop t/a transltr Ltd reserves the right to perform, repair and maintenance on or upgrade, update or enhance (collectively "Maintenance") its network infrastructure and the Service with or without notice and without liability, even if Maintenance causes a partial or full disruption of the Service, provided however, The Voip Shop t/a transltr Ltd shall use commercially reasonable efforts to perform the Maintenance in a manner so as to avoid unduly interfering with your use of the Service, including by providing reasonable commercial notice where feasible. 9. Liability and Indemnity 9.1 Nothing in this Agreement excludes or limits our liability for death or personal injury caused to you by our negligence, or for any liability that cannot be excluded or limited by law. 9.2 You accept and agree that you will have no claim against us or any third party operator / underlying network access provider if you are unable to access the Service and the exclusions and limitations of liability in this clause 9 shall apply to all claims arising from your use of the Service including claims against our third party operators / network access providers. 9.3 We shall not be liable to you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss. 9.4 Except in the case of clause 9.1, our liability to you (if any) for direct loss or damages in contract, tort, including negligence or breach of statutory duty, or otherwise, arising out of or in connection with this Agreement shall be limited to the amounts paid by you to us under this Agreement in a calendar year (which shall be calculated by reference to payments actually made and an amount for the remainder of the year shall be calculated on the assumption that the payments will remain at the same monthly level as in the month in which the cause of action accrued). 9.5 In the event of any failure in the Service, Equipment or Software, we shall not be liable to you for any charges incurred by you should you divert your traffic to another provider. 9.6 You will indemnify The Voip Shop t/a transltr Ltd from and against any and all loss, damage, costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service, Software or Equipment arising from or related to any act, error, omission, fault, negligence or misconduct by you or any user of the Service. 10. Matters Outside Our Control We shall not be liable to you or be in breach of this Agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our control.. 11. Privacy We comply with all applicable data protection laws in the UK and our current Privacy Policy. By entering into this Agreement you confirm that you have read and understood our Privacy Policy and you agree to our using your data as detailed in our Privacy Policy. 12. Licence and Intellectual Property 12.1 The Voip Shop t/a transltr Ltd grants to you a personal, limited, revocable, non-exclusive non-transferable and non-assignable licence to use the software in the Service and the Equipment, in object code form only, ('Software') for the purpose for which it is intended solely in connection with the Service and for no other purpose. This licence commences upon The Voip Shop t/a transltr Ltd's provision of the Service and terminates immediately upon the expiration or termination of this Agreement for whatever reason. Any attempt to sublicense, assign, or transfer any of the rights, duties or obligations under this licence is void and may result in termination of this Agreement and licence. No other licences or rights to the Software are granted or implied. 12.2 Certain software The Voip Shop t/a transltr Ltd provides to you may contain third party software ("Third Party Software"), including open source software. Use of such Third Party Software may be governed by separate copyright notices and licences, which may be found or identified in documentation or on other media delivered with the Third Party Software and which are incorporated by reference into this licence. Notwithstanding any other terms in this clause 13, such provisions shall govern the use of Third Party Software. You agree to comply with the terms and conditions of all end user licence agreements accompanying any Software (including Third Party Software) or plug-ins to such Software distributed in connection with the Service. All end user licences shall immediately terminate on the date that the Service expires or this Agreement is terminated. 12.3 You will not reproduce the Software and you will keep the Software in confidence. You will not undertake, cause, permit or authorise (to the extent that The Voip Shop t/a transltr Ltd cannot prohibit such acts by law) any modification, adaption, translation, reverse engineering, hacking, decompiling or disassembling of the the Software and Equipment or create any derivative work based thereon or merge or include the Software with or in any other software or otherwise attempt to derive the source code from the binary code of the Software. 12.4 All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") used by The Voip Shop t/a transltr Ltd are and shall remain the exclusive property of The Voip Shop t/a transltr Ltd throughout the world. Nothing in this Agreement shall grant you the right or licence to use such marks. 12.5 All intellectual property rights in the Service (including the Equipment and Software) remains vested in The Voip Shop t/a transltr Ltd or the Equipment manufacturer as applicable and nothing in this Agreement transfers such intellectual property rights to you. 12.6 You agree that the Equipment is exclusively for use in connection with the Service and that The Voip Shop t/a transltr Ltd will not provide any passwords, codes or other information or assistance that would enable you to use the Equipment for any other purpose. If you decide to use the Service through an interface device not provided by The Voip Shop t/a transltr Ltd (which The Voip Shop t/a transltr Ltd reserves the right to prohibit in particular cases or generally), you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify, defend and hold harmless The Voip Shop t/a transltr Ltd from and against any and all liability arising out of your use of such interface device with the Service. 13. Customer Data, Suggestions and Feedback You hereby grant to The Voip Shop t/a transltr Ltd a non-exclusive, non-transferable (except in connection with any assignment of this Agreement) license to copy, store, record, transmit, display, view, print, and use Customer Data, solely to the extent necessary to provide the Service to you. In the event that you provide The Voip Shop t/a transltr Ltd with suggestions, enhancement requests, recommendations, proposals, documents, or other feedback with respect to the Service (collectively, "Suggestions"), you grant to The Voip Shop t/a transltr Ltd and its affiliates a royalty-free, worldwide, irrevocable, perpetual license to use, modify, and distribute such Suggestions in connection with efforts to improve, enhance or modify the Service without compensation or attribution to you of any kind. For the purposes of this Agreement, "Customer Data" means any data, information or other materials of any nature whatsoever generated by you, or provided to The Voip Shop t/a transltr Ltd by or through you, in the course of implementing or using the Service. 14. General 14.1 We can record any conversations between you and our staff. 14.2 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion. 14.3 If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is. 14.4 Nothing in this Agreement confers on any third party any right to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 14.5 You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. 14.6 Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement. 14.7 This Agreement represents the entire agreement and understanding between us in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral. This clause shall not affect the parties' rights and remedies in respect of any fraudulent misrepresentation. 14.8 This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. 14.9 We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any regulation, law or court order, acts or omissions of local or central government or other competent authorities. 14.10 The parties acknowledge that the provisions of this Agreement are no more extensive than the parties consider reasonable to protect each party's legitimate business interests. If any court or tribunal of competent jurisdiction shall determine that the scope of this Agreement is broader than is enforceable, the parties agree that this Agreement shall be deemed modified to be only so broad as shall be enforceable. 14.11 Any telephone notice under this agreement from you to us shall be made by calling us on 0116 2438426 (or such other telephone number as may be posted on our web site from time to time). Any written notice under this Agreement from you to us shall be sent by email to support@thevoipshop.co.uk. Any notice under this Agreement from us to you shall be sent by email to your current email address registered with us.

Mobile Terms & Conditions

In order to use the TheVoipShop.co.uk Service and the associated Software you must agree to the terms and conditions that are set out below. By using the Service and downloading, installing or using the associated Software supplied by TheVoipShop.co.uk, you expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time on this page.

These service terms and conditions should be read in conjunction with the EULA below and any access terms and conditions which accompany your chosen Service and access method.

Definitions

  • • "Service" any service/s supplied to you by TheVoipShop.co.uk.
  • "Software" any software provided to you by TheVoipShop.co.uk which purpose is to enable you to use the Service.
  • "TheVoipShop.co.uk" means TheVoipShop.co.uk Limited whose registered address is at Unit 25 Vulcan Road, Vulcan House, Leicester, LE5 3EF with Registered Numbe
  • 05693707 and any of its affiliates. TheVoipShop.co.uk is the trading name of TheVoipShop.co.uk Limited.
  • "Reasonable Use" a Fair Usage policy defining the fair usage terms for the Service and access method you are using.
  • "EULA" End User License Agreement

Agreement

These Terms and Conditions, and the related forms and web pages they reference, constitute a legal Agreement between you the end user and/or TheVoipShop.co.uk subscriber and TheVoipShop.co.uk.

This Agreement is a service agreement and should be read in conjunction with the relevant associated software EULA that is posted on the TheVoipShop.co.uk website. Please read it carefully before accepting it.

Compliance with Applicable Laws

By entering into this Agreement you expressly confirm that you are legally entitled to enter this agreement.

If you reside in a jurisdiction where it is forbidden to use VoIP services by law or regulation you may not enter into this agreement and you may not use the Service or Software. By entering into this agreement you expressly state that you have confirmed that your use of this Software and Service is permitted.

If you reside in a jurisdiction which restricts the use of services which include VoIP because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Calls to Emergency Services

TheVoipShop.co.uk is not a replacement for your ordinary telephone service and you cannot make emergency calls over Wifi using TheVoipShop.co.uk. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. Neither 999, 112, 911 nor e-911 service nor any other emergency service is available through the TheVoipShop.co.uk service. If you dial "999" or "911"(or other internationally recognized emergency service numbers) while using the TheVoipShop.co.uk service you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator.

If your data connection fails for any reason you will not be able to use the TheVoipShop.co.uk Service. This will not prevent you from using your mobile phone via your cellular provider as normal.

Access to the Service

You may only access the TheVoipShop.co.uk services using authorized Software and authorized compatible devices identified on our website www.TheVoipShop.co.uk. It is your responsibility to check the list of devices on the TheVoipShop.co.uk website to ensure you download the correct software for your device. TheVoipShop.co.uk is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. TheVoipShop.co.uk reserves the right to terminate this agreement should you be using the TheVoipShop.co.uk Service with software or a device that is not identified on the website as compatible.

You Agree that:

  • You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
  • You will not use the Service to cause nuisance, annoyance or inconvenience.
  • You will not impair the proper operation of the network.
  • You will not try to harm the Service in any way whatsoever.
  • You will not copy, or distribute services or content without written permission from TheVoipShop.co.uk.
  • You will only use the Software and Service for your own use and will not resell it to a third party.
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
  • You will provide us with whatever proof of identity we my reasonably request.
  • You will only use an access point or 3G data account (AP) which you are authorized to use.
  • You will not access any age restricted services if you are under age, nor will you allow any other person to do so.
  • When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service.
    • 1 Exclusions of certain damages  Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall TheVoipShop.co.uk be liable for any damages you may suffer from or in connection with your use of, or inability to use, TheVoipShop.co.uk's network or equipment, or the service, including the inability to make "999", "911" or other emergency service calls. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if TheVoipShop.co.uk has been advised of, or is aware of, the possibility of such damages. Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then TheVoipShop.co.uk's maximum liability for any type of damages with respect to TheVoipShop.co.uk's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to TheVoipShop.co.uk hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
    • 2 Disclaimer of third party actions and control.  TheVoipShop.co.uk does not and cannot control the quality of other parties' networks to which TheVoipShop.co.uk must interconnect. Therefore, TheVoipShop.co.uk disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.
    • 3 Waiver of liability and indemnification involving 999 and other emergency calls. The TheVoipShop.co.uk Service does not include the ability to access emergency operators and emergency services. TheVoipShop.co.uk shall not incur any liability, direct or indirect, to any person who dials, or attempts to dial "999,911" or any other internationally recognized emergency numbers, or to any other person who may be affected by the dialing of the digits "999, or 911". Customer hereby indemnifies and holds TheVoipShop.co.uk and each of TheVoipShop.co.uk's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns harmless from any and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions, causes of action, encumbrances, costs, expenses (including, without limitation, reasonable attorneys' fees and expert witness fees) suffered, sustained, incurred or required to be paid by TheVoipShop.co.uk or any such other person or entity, arising out of or in connection with any personal injury or death, or injury to property, resulting from your inability to call emergency operators while using the TheVoipShop.co.uk service. You acknowledge to TheVoipShop.co.uk and each of TheVoipShop.co.uk's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns that you fully understand that it is not possible to call a 911 or similar emergency operator or to summon 911 or other emergency services while using the TheVoipShop.co.uk service.
    • Local connectivity (WLAN and Bluetooth)
    • Settings, such as SIP profiles and WLAN access points
    • Text messaging Inbox and Outbox
  • Your Contract

    When signing up for an account, or if we reasonably require it, we reserve the right to contact a credit agency to check your credit rating. This may result in your account being limited or not accepted at all.

    Charges

    You may be provided with some free calls and other special offer services subject to reasonable use, entirely at TheVoipShop.co.uk's discretion. Otherwise, you will be charged TheVoipShop.co.uk's standard rate for the Service(s). The TheVoipShop.co.uk Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. TheVoipShop.co.uk has no obligation to refund any payments made in advance for the use of the TheVoipShop.co.uk Service as set out in these terms. For more details see the Reasonable Use Policy associated with your tariff. A full list of TheVoipShop.co.uk's rates for standard Services, including connection charges, is published here. These rates may be changed from time to time, entirely at TheVoipShop.co.uk's discretion. Our rates may vary without prior notice. Full details of rates will be displayed here, so you should check the TheVoipShop.co.uk website regularly to determine if any changes have been made or announced. If you exceed the Reasonable Use levels any additional calls or services will be charged at the standard rates, or if you have no credit in your account, the call will be dropped or not connected, or the service not provided.

    Some TheVoipShop.co.uk Services may make use of 3rd party networks, (including 3G, Cellular/Mobile, commercial hotspots). TheVoipShop.co.uk are not liable for these or any other costs you may incur by using 3rd party services. We will from time to time attempt to estimate these charges. These are for information only and your should contact the carrier directly to obtain definitive information.

    Payments

    In order to use the TheVoipShop.co.uk payment services, you must have an account with TheVoipShop.co.uk and a validated email address. This means that you will have received emails from TheVoipShop.co.uk previously and will have the necessary equipment to receive electronic notifications from us.

    By using TheVoipShop.co.uk's payment services either online or via the telephone, you consent to receive all confirmations of payment, recurring payment authorities, receipts and other notices electronically via email. You also consent to provide authorisations for any payment transactions, and contractual transactions via electronic means (this includes acceptance of terms and conditions via tick box and I accept buttons and confirmations given via an interactive voice/telephone “IVR” system). If you wish to withdraw this consent you may do so by emailing support@TheVoipShop.co.uk; however if you withdraw this consent you can not use TheVoipShop.co.uk's payment services to top up your account. You should keep these emails in a safe place as a record of your transactions.

    You must keep your contact details up to date. If you need to change your email address you can do so at the My Account page at www.TheVoipShop.co.uk.com/myaccount.

    You acknowledge that TheVoipShop.co.uk may use a third party to process your payments and perform fraud checks.

    Any refunds in relation to payments made will be governed by the TheVoipShop.co.uk Refund Policy.

    If you lose your payment card or believe it has been compromised you must alert customer service by emailing support@TheVoipShop.co.uk

    Account Use and Activation

    Your account will be activated after you have downloaded and installed the TheVoipShop.co.uk Software. Your Agreement is personal to you, and is not transferable by you, but we may allow you at our discretion to nominate another user to use your Service. If you do so, however, You - and not the other user - will remain contractually responsible for all payments and other obligations under this Agreement.

    You are responsible for the use of the Services and payment thereof. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted including any charges incurred by using your account even if this occurs without your permission. You agree to immediately notify TheVoipShop.co.uk in writing to support@TheVoipShop.co.uk of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. TheVoipShop.co.uk reserves the right to change your password. TheVoipShop.co.uk is not liable for any monetary loss or damages that may result from the loss or theft of your password.

    Account activation differs depending on the method(s) you use to access your account. Please see terms and conditions that accompany your access method below (i.e. Mobile Device Terms and Conditions) for further details.

    If you are purchasing the TheVoipShop.co.uk Service for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel this contract within 14 days of acceptance of the Services by You ("Cancellation Period") before you start using the TheVoipShop.co.uk Service. If you do cancel a contract pursuant to this clause you must notify us by email at support@TheVoipShop.co.uk In the event of cancellation, you must delete all software and any services that you have downloaded from us and you remain bound by the terms of this Agreement. If you do cancel a contract pursuant to this clause, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice. A refund of any sums paid to TheVoipShop.co.uk is not available once You have started to Use the TheVoipShop.co.uk Service. If you do not use your TheVoipShop.co.uk Account for 120 consecutive days your account will be closed and any remaining credit forfeited.

    Caller Line Identification

    Our network will not allow the display of your TheVoipShop.co.uk Number on receiving devices.

    TheVoipShop.co.uk Product Features

    Where a TheVoipShop.co.uk application has enhanced features the usage by you of such enhanced features is subject to the TheVoipShop.co.uk Standard Terms and Conditions and any EULA relating to a particular device. TheVoipShop.co.uk reserves the right to amend, modify or withdraw any feature at any time at its sole discretion.

    Marketing

    TheVoipShop.co.uk may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.

    TheVoipShop.co.uk may from time to time send you information about our TheVoipShop.co.uk products and services. If you do not want to receive information about TheVoipShop.co.uk products and services you should contact us in writing at support@TheVoipShop.co.uk

    TheVoipShop.co.uk asks your permission on the sign in page and the My Account page for your permission to send you information about 3rd party products and services.

    Support

    If you need assistance regarding the TheVoipShop.co.uk software and Service, please email support@TheVoipShop.co.uk

    Restricted Numbers

    There may be numbers that TheVoipShop.co.uk restrict your access to, including but not limited to premium rate numbers.

    Termination

    You may terminate this Agreement at any time with written notice to TheVoipShop.co.uk at support@TheVoipShop.co.uk

    TheVoipShop.co.uk may limit, suspend or terminate the Service and this Agreement if we believe you to be in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to you via the email address you have provided and/or by preventing you from accessing the Account and the Service.

    If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.

    Refund Policy

    Except as permitted under the Distance Selling Regulations and as referred to in these terms above, no refunds will be made for unused credit. Where TheVoipShop.co.uk provides you with free calls or other special offer services no cash alternative will be given.

    Assignment of Rights

    You may not assign your rights under this agreement unless expressly agreed by TheVoipShop.co.uk.

    TheVoipShop.co.uk may assign our rights under this agreement to any company that controls TheVoipShop.co.uk or that TheVoipShop.co.uk controls.

    Ownership

    All intellectual property rights in the TheVoipShop.co.uk Service and Software are the property of TheVoipShop.co.uk. The supply of the Software and Service does not imply any transfer of intellectual property rights.

    Privacy

    We take our customers' privacy seriously. Please read our Privacy Policy for full details here. Whilst we respect the privacy of our customers, VoIP calls may be subject to interception by law enforcement agencies and bodies.

    Trial Feedback

    If any part of the software or services are supplied as a trial, you agree that we can log your feedback on the quality of the product and service, and incorporate it to make improvements to the product, where appropriate. All such improvements are the sole ownership of TheVoipShop.co.uk. You agree that TheVoipShop.co.uk may hold personal information about you for the purpose of the trial provided it does so in accordance with the UK Data Protection Act 1998 and our own privacy policy.

    Complaint resolutions

    If you have any complaints about the Software or Service you should send them in the first instance to admin@TheVoipShop.co.uk For details on our Code of Practice send your request to admin@TheVoipShop.co.uk

    No Warranty

    If any TheVoipShop.co.uk services are offered as a trial, while we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and you agree to accept the service as is. We reserve the right to suspend the service for technical, operational or other reasons. TheVoipShop.co.uk reserves the right to withdraw this Service and any additional services at its sole discretion.

    The service is provided on an as is basis, and your use of the service is at your own risk. TheVoipShop.co.uk does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. TheVoipShop.co.uk does not warrant that the service will be uninterrupted, error-free, or completely secure.

    We reserve the right to make changes to these terms and conditions. You should check the TheVoipShop.co.uk website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly. If you do not notify us within 30 days of a change then you will have been deemed to accept this change to this Agreement.

    Limitations and Exclusions of Warranties and Liability.

    Limitation on remedies

    The service charge credits listed in this section are the sole and exclusive remedies available to you for any failure by TheVoipShop.co.uk to comply with its obligations under this agreement, whether such failure results in downtime, network congestion or outages, or any other service failure.

    Customer Must Request Credit

    In order to receive a credit under this Agreement, you must notify TheVoipShop.co.uk in writing within three (3) business days of the date you become eligible to receive such credit. If you do not request a credit within this three-day period, you forfeit the right to receive the credit.

    Entire Agreement/Severability

    These Terms and Conditions, the associated EULA and additional terms and conditions as explicitly identified on the TheVoipShop.co.uk website constitute the entire Agreement between you and TheVoipShop.co.uk. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

    Force Majeure

    TheVoipShop.co.uk will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

    Changes in Regulation

    You and TheVoipShop.co.uk understand that Ofcom, the Federal Communications Commission, other regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on TheVoipShop.co.uk, TheVoipShop.co.uk is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. TheVoipShop.co.uk retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

    Governing Law

    This agreement is governed by the laws of England and Wales. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

    Electronic Documents

    Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.

    Company Details

    TheVoipShop.co.uk Limited, Company number 05693707 incorporated in England and Wales with a registered address at 25 Vulcan Road, Vulcan House, Leicester, LE5 3EF

    TheVoipShop.co.uk’s trading address is 25 Vulcan Road, Vulcan House, Leicester, LE5 3EF

    Additional Services, Features and Terms

    TheVoipShop.co.uk will from time to time introduce additional services which you will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which you will need to agree before gaining access.

    Language

    We may have translated the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.

    Telephone Device Access Terms and Conditions

    These additional terms for mobile device users must be agreed in addition to the TheVoipShop.co.uk Service Standard Terms and Conditions. By using the TheVoipShop.co.uk Service via your mobile device you expressly agree to be bound by these additional terms and conditions. TheVoipShop.co.uk Applications using VoIP is not a replacement for your ordinary telephone service and you cannot make emergency calls using TheVoipShop.co.uk. However this does not prevent you from using your mobile phone for making emergency calls via your Cellular Provider as normal.  If your data connection fails for any reason you will not be able to use the TheVoipShop.co.uk Service. This will not prevent you from using your mobile phone via your Cellular Provider as normal. When you download the Software you will have to register using your existing mobile phone number and an Account will automatically be generated. This is our record of your payments and usage of the service. (We use this number to identify you, to contact you via SMS re changes in our terms and conditions and to forward calls to you when you are out of range of an AP).

    The TheVoipShop.co.uk application is an add-on service to the mobile service you currently receive. You will still have to pay your normal mobile phone service charges. TheVoipShop.co.uk is not liable for any rates or charges due to your mobile phone service provider, including but not limited to local, international, roaming, SMS or MMS charges where these are levied by your mobile phone service provider. It is your responsibility to ensure that you have enabled the application function on your mobile device to take advantage of the TheVoipShop.co.uk services. Furthermore, if you are using your device outside of a wifi zone or where VOIP is not available then you may not be able to use the TheVoipShop.co.uk services and where you are using your ordinary GSM mobile phone you may be liable for charges associated with such usage, particularly where the TheVoipShop.co.uk services are not available. It is your responsibility to check and to be aware of all applicable charges and rates that may apply to you before using any ordinary GSM services (including voice calls, SMS or MMS services) and to ensure you know when you are not going to be able to use the TheVoipShop.co.uk service and will be subject to additional charges from your mobile service provider. TheVoipShop.co.uk shall not be liable for any costs incurred by you where you have failed to check the rates or VOIP coverage for the use of the mobile services where TheVoipShop.co.uk is not available.

    Where you have signed up to receive a bundled service, either from TheVoipShop.co.uk or your normal mobile phone service provider you must be aware of the conditions and usage parameters of your bundle. Where you exceed the bundle parameters you may incur additional usage charges for your usage. In such cases you will be solely responsible and liable to pay the additional usage charges whether levied by TheVoipShop.co.uk or your normal mobile phone service provider. When you sign up for your account you may be provided with an additional unique mobile telephone number, this is your "TheVoipShop.co.uk number" This will not affect your existing mobile number (GSM Number) managed by your existing mobile service provider, and it will not effect your ability to make or receive calls via your existing mobile provider.  You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your TheVoipShop.co.uk Account will be withdrawn and your TheVoipShop.co.uk number will be reallocated.

    SMS Messages

    Please refer to the Website SMS messages pages for up to date information on SMS charging.

    Caller Line Identification

    Our network will not display of your TheVoipShop.co.uk Number on receiving devices.

    Support

    If you need assistance regarding the TheVoipShop.co.uk Software and Service, please email support@TheVoipShop.co.uk You can access your GSM providers' operator assistance as usual.

    Reasonable Use

    Any of TheVoipShop.co.uk Service/s may be subject to reasonable use.  Please check your tariff for specific details, or your My Account page.

    Connecting with Instant Messaging and Voice Calling Services

    As part of the TheVoipShop.co.uk service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than TheVoipShop.co.uk ('IM Services'). TheVoipShop.co.uk accepts no liability for your use of or connection to such IM Services. It is your responsibility to read the IM Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IM Services you expressly agree to their Terms and Conditions. Any breach of these IM Services terms and conditions may also be considered a breach of the TheVoipShop.co.uk Terms and Conditions. For terms and conditions relating to interoperation with Google Talk, please see the following URL: http://www.google.com/talk/terms.html.

    TheVoipShop.co.uk Product Features

    Where a TheVoipShop.co.uk application has enhanced features the usage by you of such enhanced features is subject to the TheVoipShop.co.uk Standard Terms and Conditions and any EULA relating to a particular device. TheVoipShop.co.uk reserves the right to amend, modify or withdraw any feature at any time at its sole discretion.

    Other Device Access Terms and Conditions

    If the device you use to access the service is not a telephone then these additional terms for device users must be agreed in addition to the TheVoipShop.co.uk Standard Terms and Conditions. By using the TheVoipShop.co.uk Service via your mobile device you expressly agree to be bound by these additional terms and conditions.

    You cannot make emergency calls using TheVoipShop.co.uk. When you download the Software you will have to register using your email address and an Account will automatically be generated for you. This is our record of your payments and usage of the service. (We use this email to identify you and to contact you re changes in our terms and conditions and to forward voice mail to you if this service is active on your account).

    TheVoipShop.co.uk is not liable for any rates or charges due any third party service provider.

    In order to use your TheVoipShop.co.uk account you must have a valid email address associated with it. You may change the email address associated with your account, and we will keep a record of previous addresses used.

    You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your TheVoipShop.co.uk Account will be withdrawn.

    End User License Agreement

    Nokia Mobile Devices

    By clicking OK or otherwise installing, copying or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA) and the TheVoipShop.co.uk Service Standard Terms and Conditions constitute a legal agreement between you the end user (you), and TheVoipShop.co.uk Limited (TheVoipShop.co.uk). If you do not agree to these terms then You may not use or install the TheVoipShop.co.uk Software (Software).

    This software makes use of data, information and services on your device, including, but not limited to:

    Phonebook

    Call log

    And is intended for use with the TheVoipShop.co.uk service. When activated, this application may re-direct phone calls and text messages made from your handset over a local WLAN connection which in turn may direct voice and message data through the Internet in an unencrypted form. You are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA.

    Software License

    Subject to the terms of this EULA TheVoipShop.co.uk grants you a limited, non-exclusive, non-sub-licensable, non-assignable license to use and install one copy of the software on only one device (or as expressly outlined by TheVoipShop.co.uk from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by TheVoipShop.co.uk from time to time. You may not use the software in any way that could damage the TheVoipShop.co.uk service or other services. You may not use this software to create unlawful, obscene, malicious or scandalous works.

    Ownership

    This license gives You a limited license to use the software. TheVoipShop.co.uk retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.

    You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law and the author and owner is © TheVoipShop.co.uk 2001-2010. All rights are reserved except for those explicitly covered in this EULA.

    You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software.

    No Selling

    This agreement is a personal agreement between you and TheVoipShop.co.uk. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

    Warranty

    You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. TheVoipShop.co.uk expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose.  This Software is supplied to you free of charge.

    Liability

    This Software is not intended for use with the emergency services. In no event shall TheVoipShop.co.uk or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.

    Termination

    We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. TheVoipShop.co.uk reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to TheVoipShop.co.uk to remotely disable your ability to Use the Software.

    Indemnity

    You shall be liable for all costs and losses incurred by TheVoipShop.co.uk as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, frauds, any use or misuse of the Software, or any communications spread by means of the Software.

    Jurisdiction

    This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

    iPhone and iPod Mobile Devices, and iPad Tablet

    By downloading or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA) and the TheVoipShop.co.uk Service Standard Terms and Conditions constitute a legal agreement between you the end user (You), and TheVoipShop.co.uk Ltd (TheVoipShop.co.uk). You acknowledge that Apple is not a party to this Agreement and that TheVoipShop.co.uk is solely responsible for this Licensed Application. If you do not agree to these terms then You may not use or install the TheVoipShop.co.uk Software (Licensed Application). YOU ACKNOWLEDGE THAT THIS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING THEVOIPSHOP.co.uk. YOU CAN CONTINUE TO USE YOUR MOBILE PHONE FOR MAKING EMERGENCY CALLS VIA YOUR CELLULAR PROVIDER AS NORMAL. This Licensed Application is intended for use with the TheVoipShop.co.uk service. When activated, this application will make phone calls made from your handset over a local WLAN connection which in turn may direct voice and message data through the Internet in an unencrypted form. In order to use the Licensed Application you will need to sign up for a TheVoipShop.co.uk account and agree to the Service Terms and Conditions which can be read on this page.

    Software License

    Subject to the terms of this EULA, TheVoipShop.co.uk grants You a limited, non-exclusive, non-sub-licensable, non-transferable license to use and install one copy of the Licensed Application on only one device which you own or control in accordance with the Usage Rules set forth in the App Store Terms of Service (or as expressly outlined by TheVoipShop.co.uk from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Licensed Application for its intended purpose as published by TheVoipShop.co.uk from time to time. You may not use the Licensed Application in any way that could damage the TheVoipShop.co.uk service or other services. You may not use this Licensed Application to create unlawful, obscene, malicious or scandalous works.

    Ownership

    This license gives You a limited license to use the Licensed Application. TheVoipShop.co.uk retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Licensed Application and all copies thereof. You shall not use the Licensed Application to develop any Licensed Application or other technology having the same primary function as the Licensed Application, including but not limited to using the Licensed Application in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Licensed Application. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Licensed Application. This Licensed Application is protected by copyright law and the author and owner is TheVoipShop.co.uk Ltd 2001-2012. All rights are reserved except for those explicitly covered in this EULA. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Licensed Application. You shall not attempt to derive the source code of the Licensed Application. You and TheVoipShop.co.uk acknowledge that In the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, TheVoipShop.co.uk and not Apple will be solely responsible for the investigation, defense and settlement of such claim.

    No Selling

    This agreement is a personal agreement between you and TheVoipShop.co.uk. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Licensed Application, or use the Licensed Application or service to provide a commercial service to any third party.

    Warranty

    You expressly acknowledge and agree that use of the Licensed Application is at your own risk and that the Licensed Application is provided "as is" without any warranties or conditions. TheVoipShop.co.uk expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Licensed Application is supplied to you free of charge. In the case of this Licensed application failing to conform to any applicable warranty, upon notification by you, Apple may refund the purchase price of the application but this is at the sole discretion of Apple. Apple will have no other warranty obligation with respect to the licensed application, to the maximum extent permitted under law.

    Liability

    This Licensed Application is not intended for use with the emergency services.

    Apple has no obligation to furnish any maintenance or support services with respect to this Licensed Application. You acknowledge that Apple is not responsible for addressing any claims made by you relating to the licensed applications, your possession or use of the same including but not limited to product liability, claims regarding applicable legal and regulatory requirement, or consumer protection legislation. In no event shall TheVoipShop.co.uk or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Licensed Application. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

    Indemnity

    You shall be liable for all costs and losses incurred by TheVoipShop.co.uk as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, fraud, any use or misuse of the Licensed Application, or any communications spread by means of the Licensed Application.

    You and TheVoipShop.co.uk acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this EULA, and that, upon Your acceptance of the these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.

    Jurisdiction

    You must represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties. This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect. You are responsible for compliance with any applicable laws and regulations (040708)

    BlackBerry Mobile Devices

    By downloading, copying or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA) and the TheVoipShop.co.uk Service Standard Terms and Conditions constitute a legal agreement between you the end user (you), and TheVoipShop.co.uk Ltd (TheVoipShop.co.uk). If you do not agree to these terms then You may not use or install the TheVoipShop.co.uk Software (Software).

    Software License

    Subject to the terms of this EULA TheVoipShop.co.uk grants you a limited, non-exclusive, non-sub-licensable, non-assignable license to use and install one copy of the software on only one device (or as expressly outlined by TheVoipShop.co.uk from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by TheVoipShop.co.uk from time to time. You may not use the software in any way that could damage the TheVoipShop.co.uk service or other services. You may not use this software to create unlawful, obscene, malicious or scandalous works.

    Ownership

    This license gives You a limited license to use the software. TheVoipShop.co.uk retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law and the author and owner is © TheVoipShop.co.uk Ltd 2001-2010. All rights are reserved except for those explicitly covered in this EULA. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software.

    No Selling

    This agreement is a personal agreement between you and TheVoipShop.co.uk. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party. Warranty You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. TheVoipShop.co.uk expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Software is supplied to you free of charge.

    Liability

    This Software is not intended for use with the emergency services. In no event shall TheVoipShop.co.uk or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.

    Termination

    We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. TheVoipShop.co.uk reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to TheVoipShop.co.uk to remotely disable your ability to Use the Software.

    Indemnity

    You shall be liable for all costs and losses incurred by TheVoipShop.co.uk as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, fraud, any use or misuse of the Software, or any communications spread by means of the Software.

    Jurisdiction

    This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

    Android Mobile Devices

    By downloading, copying or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA) and the TheVoipShop.co.uk Service Standard Terms and Conditions constitute a legal agreement between you the end user (you), and TheVoipShop.co.uk Ltd (TheVoipShop.co.uk). If you do not agree to these terms then You may not use or install the TheVoipShop.co.uk Software (Software).

    Software License

    Subject to the terms of this EULA TheVoipShop.co.uk grants you a limited, non-exclusive, non-sub-licensable, non-assignable license to use and install one copy of the software on only one device (or as expressly outlined by TheVoipShop.co.uk from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by TheVoipShop.co.uk from time to time. You may not use the software in any way that could damage the TheVoipShop.co.uk service or other services. You may not use this software to create unlawful, obscene, malicious or scandalous works.

    Ownership

    This license gives You a limited license to use the software. TheVoipShop.co.uk retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law and the author and owner is © TheVoipShop.co.uk Ltd 2001-2010. All rights are reserved except for those explicitly covered in this EULA. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software.

    No Selling

    This agreement is a personal agreement between you and TheVoipShop.co.uk. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party. Warranty You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. TheVoipShop.co.uk expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Software is supplied to you free of charge.

    Liability

    This Software is not intended for use with the emergency services. In no event shall TheVoipShop.co.uk or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.

    Termination

    We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. TheVoipShop.co.uk reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to TheVoipShop.co.uk to remotely disable your ability to Use the Software.

    Indemnity

    You shall be liable for all costs and losses incurred by TheVoipShop.co.uk as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, any fraud, use or misuse of the Software, or any communications spread by means of the Software.

    Jurisdiction

    This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

    TheVoipShop.co.uk Promotions

    TheVoipShop.co.uk may, from time to time, offer promotional deals. There is no cash alternative to any promotional deals or credits. Such deals may bear additional terms and conditions to the TheVoipShop.co.uk Service Standard Terms and Conditions.

Desktop Terms & Conditions

These additional terms for the TheVoipShop.co.uk for Desktop application must be agreed in addition to the TheVoipShop.co.uk Service Standard Terms and Conditions and the TheVoipShop.co.uk for Desktop EULA. By using the TheVoipShop.co.uk Service via your personal computer, laptop, iPad, mobile device or other similar compatible device (“Equipment”) you expressly agree to be bound by these additional terms and conditions.

The TheVoipShop.co.uk for Desktop application is also capable of using WiFi, VOIP and GSM connectivity but is not a replacement for your ordinary telephone service and you cannot make emergency calls using TheVoipShop.co.uk.

If your internet, WiFi or data connection fails for any reason you will not be able to use the TheVoipShop.co.uk for Desktop Service.

When you download the TheVoipShop.co.uk for Desktop Software you will have to register your personal details, choose a username and password, where applicable provide your mobile number. On receipt and approval of the same by TheVoipShop.co.uk an Account will automatically be generated. This is our record of your acceptance of the terms and conditions including any payments for your usage and to provide your usage of the service. We use your user name and contact details to identify you, to contact you if there are any changes in our terms and conditions and to contact you from time to time in relation to the service provided.

The TheVoipShop.co.uk for Desktop application is an additional service to the current suite of TheVoipShop.co.uk products. You will still have to pay your normal internet service provider (ISP) or internet access charges where applicable in order to be able to gain access to the service. TheVoipShop.co.uk is not liable for any ISP or internet access charges incurred by you for attempting to use the service. It is your responsibility to ensure that you have enabled the application function on any Equipment on to which you have loaded the TheVoipShop.co.uk for Desktop application.  Furthermore, if you are using your Equipment outside of a WiFi zone or where VOIP is not available then you may not be able to use the TheVoipShop.co.uk services and where you are using your ordinary GSM connectivity to gain access to the internet you may be liable for charges associated with such usage, particularly data usage charges and/or roaming charges. It is your responsibility to check and to be aware of all applicable charges and rates that may apply to you before using any method of internet connectivity including ordinary GSM services (including voice calls, SMS or MMS services) and to ensure you know when you are not going to be able to use the TheVoipShop.co.uk service and  will be subject to additional charges from your ISP or mobile service provider. TheVoipShop.co.uk shall not be liable for any costs incurred by you where you have failed to check the rates or VOIP coverage for the use of the mobile services with TheVoipShop.co.uk.

If you use TheVoipShop.co.uk over a 3G data connection you may be liable to additional costs from your 3G data account provider. TheVoipShop.co.uk are not liable for these or any other costs you may incur from 3rd party services.

You shall be responsible for all use of the Service including but not limited to its proper configuration and installation, compliance with any regulations and applicable instructions issued by us. The preparation activities for using the Licensed Application and related services, as well as all relevant activities in support of the implementation of the Licensed Application and related service shall remain your responsibility. You must comply with our established protocols and appropriate processes necessary for the installation and the provision of the Licensed Application and related service; these protocols and processes shall be as prescribed and published on our Website.

You must comply with all reasonable directions of TheVoipShop.co.uk including relating to any security procedures and standards with respect to the Licensed Application and Services. We may communicate security issues to you from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by us of the Licensed Application and related Service by any means, including via our Website.

SMS Messages

Please refer to the Website SMS messages pages for up to date information on SMS charging.

Caller Line Identification

Our network will not allow the display of your TheVoipShop.co.uk user name and or number on receiving Equipment.

Support

If you need assistance regarding the TheVoipShop.co.uk Software and Service, please email support@TheVoipShop.co.uk You can access your GSM providers' operator assistance as usual.

Reasonable Use

Any of the TheVoipShop.co.uk Service/s may be subject to reasonable use.  Please check your tariff for specific details, or your My Account page.

TheVoipShop.co.uk Product Features

Where a TheVoipShop.co.uk application has enhanced features the usage by you of such enhanced features is subject to the TheVoipShop.co.uk Standard Terms and Conditions and any EULA relating to a particular device. TheVoipShop.co.uk reserves the right to amend, modify or withdraw any feature at any time at its sole discretion.

Connecting with Instant Messaging and Voice Calling Services

As part of the TheVoipShop.co.uk service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than TheVoipShop.co.uk ('IM Services'). TheVoipShop.co.uk accepts no liability for your use of or connection to such IM Services. It is your responsibility to read the IM Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IM Services you expressly agree to their Terms and Conditions.

Any breach of these IM Services terms and conditions may also be considered a breach of the TheVoipShop.co.uk Terms and Conditions.

For terms and conditions relating to interoperation with Google Talk, please see the following URL: http://www.google.com/talk/terms.html.

End User License Agreement

TheVoipShop.co.uk for Desktop

By downloading or using this Licensed Application You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required.

This End User License Agreement (EULA), the TheVoipShop.co.uk for Desktop Access Terms and Conditions and the TheVoipShop.co.uk Service Standard Terms and Conditions constitute a legal agreement between you the end user (You), and TheVoipShop.co.uk Ltd (TheVoipShop.co.uk). If you do not agree to these terms then You may not use or install the Software or TheVoipShop.co.uk for Desktop Software (Licensed Application).

YOU ACKNOWLEDGE THAT THIS IS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING THE SOFPHONE FOR THEVOIPSHOP.co.uk APPLICATION.

This Licensed Application is intended for use with the TheVoipShop.co.uk service. When activated, this application may make and receive phone calls, send and receive IM, SMS and MMS all from your Equipment over a local GSM/WiFi/WLAN connection which in turn may direct voice and message data through the Internet in an unencrypted form. In order to use the Licensed Application you will need to sign up for a TheVoipShop.co.uk account and agree to the Service Terms and Conditions which can be read here at http://www.TheVoipShop.co.uk/Terms-condition TheVoipShop.co.uk shall take all reasonable steps to make the Licensed Application and related Service available to you at all times, contingent upon (i) our and/or your service provider's ability to maintain necessary licenses or permissions, the service provider's network capacity and connection availability, and (ii) you allowing us to use cookies, including super cookies, to facilitate the provision of the Service. TheVoipShop.co.uk is not responsible for connectivity, network coverage, quality and availability.

Any use in contravention of this EULA will entitle us to terminate your usage of the Licensed Application and to cancel your account.

Software License

Subject to the terms of this EULA, TheVoipShop.co.uk grants You a limited, non-exclusive, non-sub-licensable, non-transferable license to use and install the Licensed Application on any Equipment which you own or control in accordance with the Usage Rules as expressly outlined by TheVoipShop.co.uk from time to time. "Use" means loaded in temporary memory or permanent storage on the Equipment. You must only use the Licensed Application for its intended purpose as published by TheVoipShop.co.uk from time to time. You may not use the Licensed Application in any way that could damage the TheVoipShop.co.uk service or other services. You may not use this Licensed Application to create unlawful, obscene, malicious or scandalous works.

TheVoipShop.co.uk reserves the right to add new features, update and upgrade the Licensed Application from time to time at its sole discretion and these modifications may be undertaken by TheVoipShop.co.uk remotely and without express alerts to you.

Ownership

This license gives You a limited license to use the Licensed Application. TheVoipShop.co.uk retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Licensed Application and all copies thereof.

You shall not use the Licensed Application to develop any Licensed Application or other technology having the same primary function as the Licensed Application, including but not limited to using the Licensed Application in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Licensed Application. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Licensed Application. This Licensed Application is protected by copyright law and the author and owner is TheVoipShop.co.uk Ltd 2001-2010. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Licensed Application. You shall not attempt to derive the source code of the Licensed Application. You and TheVoipShop.co.uk acknowledge that In the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, TheVoipShop.co.uk will be solely responsible for the investigation, defense and settlement of such claim.

This client incorporates a modified version of Sofia Sip, which is licensed under the LGPL.

No Selling

his agreement is a personal agreement between you and TheVoipShop.co.uk. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Licensed Application, or use the Licensed Application or service to provide a commercial service to any third party.

Warranty

You expressly acknowledge and agree that use of the Licensed Application is at your own risk and that the Licensed Application is provided "as is" AND ON AN AS AVAILABLE BASIS without any warranties or conditions. TheVoipShop.co.uk expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. TheVoipShop.co.uk do not warrant or guarantee a fault free service and give no warranties or guarantees as to connectivity, network coverage, quality or availability. TheVoipShop.co.uk will have no other warranty obligation with respect to the licensed application, to the maximum extent permitted under law.

Usage

This Licensed Application is supplied to you free of charge. You may be required to pay for certain features using the application such as for voice calls, SMS and MMS.

Calls, IM’s, SMS’s and MMS’s to other TheVoipShop.co.uk customers also using the TheVoipShop.co.uk for Desktop application are free of charge.

In the event of a fault, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we shall use reasonable efforts to correct the fault.

Personal Data

You hereby consent to us disclosing and using any of your personal data for the provision of the Service, subject to any applicable data protection or similar legislation or regulations. Any such use of your personal data will be subject to the terms of TheVoipShop.co.uk’s standard Privacy Policy which can be found at http://www.TheVoipShop.co.uk/Privacy

Liability

This Licensed Application is not intended for use with the emergency services.

TheVoipShop.co.uk has no obligation to furnish any maintenance or support services with respect to this Licensed Application. In no event will TheVoipShop.co.uk or any of is affiliates be liable for any damages arising from performance or non-performance of the Licensed Application or for any damages caused by your failure to perform your responsibilities under this EULA or the TheVoipShop.co.uk Service Standard Terms and Conditions. Furthermore, in no event shall TheVoipShop.co.uk or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury loss of privacy, LOSS OF DATA or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Licensed Application even if THEVOIPSHOP.co.uk has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. Furthermore TheVoipShop.co.uk will not be liable for any damages claimed by you based on any third party claim. You agree that you will use the Application and its related service lawfully and in compliance with all applicable laws and that you are responsible for all use of the Application and related service, costs and charges incurred to your account for using the Application and Service (including such use, costs and charges incurred by any third party using your account with or without your permission). NOTHING IN THIS EULA IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTHEVOIPSHOP.co.ukED AS EXCLUDING OR RESTRICTING THEVOIPSHOP.co.uk’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEVOIPSHOP.co.uk’S FRAUD OR NEGLIGENCE OR ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnity

You shall be liable for all costs and losses incurred by TheVoipShop.co.uk as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, fraud, any use or misuse of the Licensed Application, or any communications spread by means of the Licensed Application.

Jurisdiction

You must represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties. This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect. TheVoipShop.co.uk Limited, Company number 05693707 incorporated in England and Wales with a registered address at 25 Vulcan Road, Vulcan House, Leicester, LE5 3EF. Any questions should be directed to support@TheVoipShop.co.uk You are responsible for compliance with any applicable laws and regulations.

These terms were last updated on 21st January , 2017

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