Hosted VoIP Terms and Conditions
IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENCE AGREEMENT AND THESE TERMS OF SERVICE (COLLECTIVELY, “AGREEMENT”), DO NOT DOWNLOAD, INSTALL, OR USE ANY LCS SOFTWARE APPLICATIONS OR SERVICES, INCLUDING THE LCS WEBSITE (“WEBSITE”).
BY DOWNLOADING, INSTALLING, OR USING ANY LCS SOFTWARE APPLICATIONS OR SERVICES, YOU AGREE TO ABIDE BY AND COMPLY WITH THIS AGREEMENT, AND YOU AFFIRM THAT YOU EITHER ARE AT LEAST 18 YEARS OF AGE OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THIS AGREEMENT.
YOU UNDERSTAND THAT ACCESS TO 999/112 EMERGENCY SERVICES (“EMERGENCY SERVICES”) IS ONLY PROVIDED BY LCS IP DESK PHONES, MOBILE APPLICATIONS ON SMARTPHONES (AND ONLY WHEN SUCH SMARTPHONES SUPPORT EMERGENCY SERVICES THROUGH THE UNDERLYING MOBILE TELEPHONE NETWORK), AND THE LCS CALL CONTROLLER OR SOFTPHONE ON PCS, AND THE OTHER LCS SOFTWARE APPLICATIONS AND SERVICES DO NOT PROVIDE ACCESS TO EMERGENCY SERVICES. IF YOU SUBSCRIBE TO ONE OF THE OTHER LCS SOFTWARE APPLICATIONS OR SERVICES, YOU MUST MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 999/112 EMERGENCY CALLS (“EMERGENCY CALLS”), SUCH AS USING A TRADITIONAL LANDLINE OR MOBILE TELEPHONE, AND YOU SHOULD NOT RELY ON LCS TO MAKE EMERGENCY CALLS.
This Agreement covers the provision by LCS to you of our Services. If you have subscribed to LCS Broadband or phone line, a separate agreement will be sent to cover those specific terms. “LCS”, “we”, “us”, or “our” means 3Z Industries Telecom Limited a limited company incorporated in England and Wales registered under Number 08406875 whose registered office is at 224 Bethnal Green Road, London, E2 0AA.
1. End User Licence And Restrictions
LCS grants You a limited, personal, revocable, non-exclusive, non-sub licensable, non-assignable, non-transferable, non-resellable licence and right to use the LCS Services and Applications in strict accordance with this Agreement. All rights not expressly granted under this Agreement are retained by LCS.
No Grant of Intellectual Property Rights and No Resale.
You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Applications and Services are and shall remain the sole and exclusive property of LCS and its licensors. Nothing in this Agreement intends to or shall grant, transfer, or assign any IP Rights to, or vest any IP Rights in, You. You are only entitled to the limited use of the rights expressly granted to You in this Agreement. You will not take any action to jeopardise, limit, restrict or interfere with the IP Rights or do any other action or thing which otherwise has the effect of jeopardising, limiting, restricting or interfering with LCS’s ownership or use of the IP Rights. You acknowledge and agree that any unauthorised use of the IP Rights is a breach of this Agreement, as well as a breach of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that may be accessed through the Applications or Services is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
No Grant of Rights to Third Parties and No Resale.
You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Applications or Services or any part thereof without LCS’s prior written consent. If You are interested in reselling products or services offered by LCS, You are encouraged to join LCS’s affiliate network. For more information on our affiliate program, please e-mail us at email@example.com
You agree not to undertake, cause, permit, or authorise the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Applications or Services, or any parts thereof. You agree not to intercept, capture, emulate, decrypt, or redirect the communications protocols used by LCS for any purpose, including without limitation causing the Applications to connect to any computer server or other device not authorised by LCS or in a manner not authorised by LCS.
New Versions of the Software.
LCS, in its sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Applications and Services. You acknowledge and agree that LCS has no obligation to make available to You any subsequent versions of the Applications or Services. You also agree that You may have to enter into a renewed version of this Agreement if you want to download, install, or use a new version of the Software. In addition, You and LCS acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to the Applications or Services and that LCS is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable law.
2. Service Registration Procedures
Upon signing up for the Service and at subsequent times as requested by LCS, You agree to provide to LCS Your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, 999/112 registered address for each applicable device (which you agree to current), email address, contact phone number, credit/debit card information, and other data which may be necessary to administer Your LCS account (“Account”) (collectively, “Registration Data”). You represent and warrant that the information You provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If You provide Registration Data that is, or that LCS suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, LCS has the right, in its sole discretion, to suspend or terminate the Service and refuse any and all current or future use of all Services by You, Your business(es), affiliates and all users of Your Account. At all times, You shall maintain and promptly update Registration Data.
Upon completion of all Registration Data and acceptance of this Agreement, LCS will provide You with, as applicable, a password(s), user ID(s), PIN(s), telephone number(s), and other account information. You will be required to provide a security question and answer that will be used to verify ownership or affiliation with the Account. You are solely responsible for maintaining the confidentiality of all passwords, PINs, and security questions and answers associated with the Account, and, at all times, You will be solely responsible for all transactions and activities that occur as a result of the disclosure (whether authorised or unauthorised) of any password(s), PIN(s), and/or security questions(s) and answer(s) associated with the Account, even if such transactions and/or activities were not authorised by You. You are solely liable for any transactions or activities by You or anyone else that occur on Your Account. You shall immediately notify LCS of any unauthorised use of Your Account or if any other breach of security has occurred. In no event shall LCS be liable for any unauthorised use of Your Account.
3. Customer Representations
You represent and warrant that You possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that You have made and will maintain at all times traditional landline and/or mobile network telephone services that will enable You to call 999/112 and any other applicable emergency service number. You represent and warrant that You will not use the Applications or Services in environments requiring fail-safe performance or in which the failure of the Applications or Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that the Registration Data, user name, contact information, Registered Location(s) (as defined below), and all other information provided in connection with Your LCS Account are true and correct at all times. You represent and warrant that You will not use the Applications or Services in breach of the Use Policy (as set forth in Section 6 herein) herein.
You agree to be financially responsible for Your use of the Applications or Services, including the authorised or unauthorised use of Your Account. In order to use the Applications or Services, You must have properly configured and working Internet service and/or Public Switched Telephone Network (“PSTN”) service (i.e., mobile and/or landline phone service) and hereby agree, at Your sole expense: to: (1) obtain access to Your own Internet and/or PSTN service with a third party provider other than LCS; (2) be responsible for payment of Internet and/or PSTN connection or service fees and all equipment necessary to establish a connection to such Internet and/or PSTN service, as may be required to use the Applications or Services; (3) supply and pay third-party providers for all additional phone service and features required for Your use of the Applications or Services; and (4) pay LCS for the Applications or Services.
4. Product Pricing And Availability
With respect to its advertising, offering, or sale of Applications, Services, or any other products (collectively, “Products”), LCS endeavours to describe its Products as accurately as possible and to keep information about its Products accurate and up to date. Nevertheless, LCS does not warrant or represent, and it is not a term of this Agreement, that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Products (collectively, “Product Information”) from its Website, marketing materials, promotional flyers, advertisements, or other printed or electronic materials (collectively, “Product Materials”) is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that Product Information may be mispriced, described inaccurately, or that the Product may be unavailable. Except for any liability in respect of fraudulent misrepresentation to the fullest extent permitted by law, LCS is not liable for any action You may take in reliance on any content provided on our Website or for any loss or damage suffered by You as a result of You taking this action.
In the event LCS determines that a Product is mispriced, described inaccurately, or unavailable, LCS reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, cancelling Your Account or subscription to the Services. You agree to notify LCS immediately if You become aware of any pricing or descriptive errors or inconsistencies with any Products You order through the Product Materials and comply with any corrective action taken by LCS.
You acknowledge and agree that the Services may not be available 100% of the time. Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of LCS and shall be Your sole remedy for any Service interruptions or other issues with the Services.
5. Marketing Materials And Promotional Services
6. Use Policies
You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with LCS’s ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages any LCS’s or other customers’ property. If LCS finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, LCS may at its sole discretion terminate Your Service and charge You any applicable fees for the Services used plus damages caused by Your improper use. Prohibited uses include, but are not limited to:
Behaviour that is illegal, obscene, threatening, harassing, defamatory, libellous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes without the consent of the recipient.
Harvesting or otherwise collecting information about others, including email addresses, without their consent or in breach of applicable data protection or privacy laws.
Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
Transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties.
Breaching any applicable laws regarding the transmission of technical data or software exported through the Services.
Utilising the Services in excess of what, in LCS’s sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user.
Using the Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Use Policy.
You further understand and agree that:
You shall be solely liable for any transmissions sent through the Services under Your Account, including the content of any transmission sent through the Services under Your Account.
You will abide by all applicable LCS policies, procedures, and agreements related to the Services.
You shall not attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
Your use of the Services is subject to all applicable laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, data protection and privacy laws and false advertising).
In addition, some of LCS’s plans and other Services are offered on an “unlimited” basis. All unlimited plans:
May only be used for normal business use.
Are provided only for dialog between two individuals at one time per line.
Exclude international calling, which is available for an additional fee.
Are issued on a “one (1) user per line basis”, meaning that only one registered user may be assigned to use the Services for any one line.
Unlimited plans also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
Trunking or forwarding Your LCS number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously).
Bulk call-in lines (e.g., customer support or sales call centres, “hotlines”, 900 numbers, sports-line numbers, etc.).
Auto-dialling or “predictive” dialling (i.e., non-manual dialling or using a software program or other means to continuously dial or place out-bound calls).
In addition, unusually high usage of the Services may impair LCS’s ability to provide high quality Services to others and/or indicate unauthorised use of the Services, in which case LCS may suspend or terminate Your Account or, upon prior notice, convert Your Account to a metered calling plan that charges significantly higher usage rates.
LCS reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
7. Unsolicited Advertisements
Using the Services for unsolicited calls and/or transmitting unsolicited fax or voicemail advertisements is regulated by the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the “Privacy Regulations”). You shall not use the Services to send or transmit any unsolicited communications or advertisements and you understand that if You do use the Services for any unsolicited communications in breach of the Privacy Regulations or any other applicable laws, LCS may immediately terminate Your right to use the Services without liability of any kind.
At LCS’s sole option and without further notice, LCS may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them.
You hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify LCS and its affiliates from and against any claims, damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that You may send and/or receive using the Services.
If You transmit or are otherwise connected with any transmission of voice, fax, e-mail, or other unsolicited marketing messages using the Services, You agree to pay LCS its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, You agree to pay LCS liquidated damages of ten pounds (£10.00) for each unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
8. Plan Credits, Taxes, Charges, Fees And Chargebacks
Please note that all prices, taxes, surcharges, and fees are subject to change at any time. You are responsible for paying all charges for Your Account, including but not limited to freephone, local, long distance, international, additional feature charges, premium-rate telephone number and 118 charges, operator-assisted charges, and directory assistance charges, and for all taxes, surcharges, fees and levies imposed on You or LCS as a result of Your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit/debit card information on file. LCS also reserves the right to charge termination and transfer fees consistent with each plan’s terms and conditions and as provided in this Agreement.
Taxes, Charges, and Fees.
All fees for Services advertised or otherwise listed on the Website are exclusive of VAT and administrative or recovery fees or charges (collectively “Taxes and Fees”). You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services which are chargeable to or recoverable from customers by any local or international law or regulation, as well as any administrative and recovery fees and charges levied on the Services by LCS, whether or not mandated by law or regulation. Should LCS pay or be required to pay such liabilities (including any Taxes and Fees that were due but not charged or previously collected), You agree that LCS may charge Your credit/debit card on file for such payments upon receipt of an invoice and showing of indebtedness to LCS.