INTRODUCTION

These terms and conditions (the “VoIP Terms”) apply where you order VoIP (Voice over Internet Protocol) services (the “VoIP Service”) from us, which enable you to make phone calls over the internet.

These VoIP Terms supplement our general terms and conditions for Residential Customers or general terms and conditions for Business Customers (as applicable) (in either case, the “General Terms”) pursuant to which you receive broadband and other services from us. Subject as varied in these VoIP Terms, the General Terms also apply to the VoIP Service as if they were set out in full in these VoIP Terms but with each reference to the “Terms” or “Our Agreement” deemed to include reference to these VoIP Terms.

Pursuant to clause 1.3 of the General Terms, these VoIP Terms form part of Our Agreement between you and us (as defined in clause 1.1 of the General Terms). Accordingly, in relation to the provision of the VoIP Service, Our Agreement comprises the following documents (as amended from time to time and which are available on our website https://zzoomm.com or can be sent to you by e-mail upon request):-

• These VoIP Terms, as set out in this document;
• Your order form;
• Our General Terms (being the Zzoomm – Residential Customers Terms and Conditions or the Zzoomm – Business Customers Terms and Conditions, as applicable) (and the documents referred to in them) [Residential Terms | Business Terms];
• Acceptable Use Policy
• Privacy Policy
• Cookie Policy
• Accessibility Policy
• Price Guide
• any additional terms and conditions referred to in clause 1.3 of the General Terms which apply to your order; and
• any other document referred to in the General Terms or these VoIP Terms.

Notwithstanding any provision of the General Terms and unless otherwise agreed in writing by the Parties, in the event of any inconsistency or conflict between these VoIP Terms, the General Terms and any other document referred to above, then with respect to the VoIP Service (but not otherwise), these VoIP Terms shall prevail and those documents shall apply in the order of priority set out above. The prices contained in our Price Guide take precedence over any prices or rates which appear in any marketing or advertising material.

In applying for the VoIP Service and by agreeing to Our Agreement (including these VoIP Terms) as required below, you acknowledge and confirm that:-

• you have read and understood, and agree and undertake to be bound by, Our Agreement; and
• we may amend or vary the terms of Our Agreement from time to time by notice of any changes on our website or by e-mail to you in accordance with paragraphs 9.2 and 9.3 below. If any changes would have a material detrimental effect on you, you may terminate Our Agreement in accordance with paragraph 9.3 below.

DEFINITIONS AND INTERPRETATION

For the purposes of, and/or in, these VoIP Terms (unless the context otherwise provides):-

(a)        References in these VoIP Terms to a “paragraph” means a paragraph of these VoIP Terms; and references in these VoIP Terms to a “clause” means a clause of the General Terms.

(b)       References in the General Terms to the “Service” shall be deemed to include the VoIP Service.

(c)        “Reasonable Usage” is as defined in paragraph 2.2.

(d)       “VoIP Service” is as defined above.

(e)        “Your Telephone Numbers” means the telephone number or numbers (or other identifiers or rights) which we allocate to you (including any which you port in to us) and which you use in connection with the VoIP Service.

Subject as provided in these VoIP Terms above, terms defined in the General Terms shall have the same meanings when used in these VoIP Terms.

TERMS AND CONDITIONS

1         Telephone Numbers

1.1       We will allocate a telephone number to you. If you wish to retain your existing telephone number, please notify us prior to allocation. Although we will use our reasonable efforts to do so, we cannot guarantee that we will be able to comply with your request and are not liable for any losses, costs or expenses in the event that we cannot do so.

1.2       You do not own Your Telephone Numbers. You must not assign, transfer, mortgage, charge, sub-contract, delegate or otherwise deal with Your Telephone Numbers.

1.3       We may change Your Telephone Numbers although we will use our reasonable efforts to avoid doing so and will give you reasonable notice before doing so. We are not liable for any losses, costs or expenses should any such change prove necessary.

2         Your Usage of the VoIP Service

2.1       You must not use Your Telephone Numbers for business or commercial purposes (which would include your working from home) unless you have subscribed for our broadband services under our Zzoomm – Business Customers Terms and Conditions. We are not liable for any losses, costs or expenses arising from your failure to comply with this restriction.

2.2       The VoIP Service is provided on the basis that your usage will not exceed the level of usage reasonably expected of a reasonable person using the VoIP Service for personal or domestic purposes, or business purposes as applicable (“Reasonable Usage”). In the event that, in our sole and absolute discretion, your usage during any period exceeds such Reasonable Usage, we shall be entitled (by notifying you by e-mail) to:-

            (a)        restrict your usage to what we regard as Reasonable Usage, or suspend or terminate the VoIP Service provided to you and/or Our Agreement; and/or

            (b)       charge you for the VoIP Service at our standard rates applicable (as set out in our Price Guide) for any calls or usage which we regard (in our sole and absolute discretion) as in excess of Reasonable Usage.

2.3       You are responsible for all calls, messages, data and any other usage which originate from (or which we consider, in our sole and absolute discretion, to have originated from) you, your users, Your Telephone Numbers or your network, or which provide us with your identifying data (including, without limitation, your username and password), in this latter case, irrespective of whether they were generated or authorised by you or your users.

2.4       We may take steps to:-

            (a)        identify what appears to us (in our sole and absolute discretion) to be fraudulent activity on your account. In such circumstances, we may, on notice to you, immediately suspend your VoIP Service and/or Our Agreement for outgoing calls; and/or

            (b)       detect invalid or non-diallable Calling Line Identification (“CLI”) data. We may block calls which appear to us to have invalid or non-diallable CLI data, which may affect incoming and outgoing calls.

We are not liable for any losses, costs or expenses arising from our taking the steps in (a) or (b) above.

2.5       You must (and must ensure that any user of your VoIP Service does):-

            (a)        comply with all applicable laws; and

            (b)       not use the VoIP Service for any unlawful purpose (including, without limitation, transmitting or offering any information, service or other material which is unlawful, abusive, harmful, threatening, defamatory or pornographic, which may cause offence in any way or which infringes any person’s intellectual property rights).

2.6       You must keep your account details and credentials secret and keep your network and equipment secure. Without limitation to paragraph 2.3 above, if you become aware that any third party has had (or may have had) access to these, you must immediately notify us and change your account password(s) and other security devices as appropriate.

3         Equipment

3.1       You are responsible for providing a handset or other compatible hardware to connect to our router, adapter or other equipment we supply in order for you to access the VoIP Service.

3.2       If you use a security or personal alarm or a health monitor, you are responsible for ensuring that these are compatible with our network. While most devices of this kind are likely to be compatible, you should check their compatibility with your provider. We are not liable for their incompatibility with our network or for any losses, costs or expenses which might result from this.

4         Access to VoIP Service

4.1       We will provide your VoIP Service over a broadband network and so the VoIP Service is dependent on access to the internet, which in turn depends on your connection to a suitable data network and the proper operation of that data network and your equipment. If you do not have access to a suitable network or your network or equipment does not function properly, you will not be able to use the VoIP Service. You should keep your broadband router, adapter or other equipment supplied by us plugged in and switched on at all times to maintain access to the VoIP Service and to make and receive calls.

4.2       If there is a power or network outage:-

            (a)        your VoIP Service will not work and you will be unable to use the VoIP Service or make or receive phone calls (including to the emergency services – see paragraph 5 below). If the outage occurs during a phone call, the call may continue for up to 10 seconds after the calling party has lost connection, and will be billed accordingly; and

            (b)       any security or personal alarm, health monitor or other equipment which is connected to your telephone line will not work during the power or network outage. You should check with your alarm, monitor or other equipment provider whether the relevant equipment is connected to your phone line and whether they are likely to be affected during or due to a power or network outage.

5         Access to Emergency Services

5.1       Our VoIP Service generally permits access to the emergency services. However, if there is a power or network outage, you will be unable to make calls to the emergency services. You must consider this and make appropriate arrangements, such as keeping a mobile phone available and charged so that you can use it to call the emergency services in such circumstances should the need arise. You acknowledge and confirm that, in submitting your order for the VoIP Service, you have already notified us that you have an alternative method for contacting the emergency services in the event of a power or network outage, and that any landline-connected alarms (if applicable) are VoIP-compatible. By agreeing to Our Agreement (including these VoIP Terms) as required below, you confirm this to be the case.

5.2       In accordance with our regulatory obligations and to the extent technically feasible, we will provide your location information (including your name, the full postal address of the location to which we provide your broadband service and Your Telephone Numbers) to the emergency services for their use in emergency situations affecting you. By agreeing to Our Agreement (including these VoIP Terms) as required below, you consent to us providing this information to the emergency services for these purposes. You may withdraw your consent at any time by notifying us. For more details about how we use and process the personal data you provide to us, please see our Privacy Policy.

5.3       For the purposes of paragraph 5.2, we recommend that you register with us the address of the place where the VoIP Service is to be used (or, if the VoIP Service is to be accessed from multiple locations, the location information associated with the VoIP Service), and update this information as necessary.

6         Directories

6.1       In accordance with our regulatory obligations and unless you exercise your right to have your information excluded by notifying us by e-mail, we may provide your location information (including your name, the full postal address of the location to which we provide your broadband service and Your Telephone Numbers) to regulated directory service providers in order to facilitate the provision of publicly available directories and directory enquiry facilities, and for your details to be accessible from publicly available directory enquiry services. We may update this information annually. By agreeing to Our Agreement (including these VoIP Terms) as required below, you consent to us providing this information to directory service providers for this purpose. You may withdraw your consent at any time by notifying us. For more details about how we use and process the personal data you provide to us, please see our Privacy Policy referred to above.

6.2       We will ensure that you can access any directory information or directory enquiry facilities free of charge. If you have any particular requirements in this regard (for example, due to visual impairment or other disabilities), please notify us by e-mail.

6.3       We are not liable for the acts or omissions of any such regulated directory service providers to whom we provide your location information nor for any losses, costs or expenses arising from, without limitation, any failure on their part to comply with your listing request.

7         Vulnerable Customers

We make provision for vulnerable customers and those with disabilities or accessibility needs. If you or any of your users come within this category either currently or at any time during your time as our customer, please notify us as soon as possible so that we can review the way in which we provide our VoIP Service to you and how we may be able to support you in the event of a power or network outage. For example, this may include the use of text relay services, third party bill management services or alternative ways of accessing our communications or directory information and directory enquiry facilities. For further information regarding how we can support our vulnerable customers, please see our Accessibility Policy on our website.

8         Charges

8.1       The charges (comprising the fees and call rates) for the VoIP Service that are applicable to you from time to time will form part of the Service Fee and are set out in our Price Guide (which can be found here or can be sent to you by e-mail upon request).

8.2       We may amend or vary those charges from time to time in accordance with clause 8.1 of the General Terms.

8.3       You are responsible for checking the current charges of any call before you or your users make it.

8.4       We invoice for line rentals monthly in advance, and for all other telephone service charges monthly in arrears.

9         Termination and Changes to the VoIP Service or Our Agreement

9.1       Our Agreement will terminate automatically (and will be deemed to have been terminated by you) in the event that:-

            (a)        Our Agreement with you for broadband services is terminated for any reason; or

            (b)       you ask another communications provider to port to them any of Your Telephone Numbers.

9.2       In accordance with clause 8.2 of the Zzoomm – Residential Customers Terms and Conditions or clause 8.2(a) of the Zzoomm – Business Customers Terms and Conditions (as applicable), we may change the VoIP Service and these VoIP Terms in ways which are exclusively for your benefit, or which reflect changes in relevant laws and regulatory requirements, or to implement purely administrative changes or minor technical adjustments and improvements (for example, to address security threats, to update the VoIP Service, or to add or change functionalities and features) which have no negative effect on you. You agree and acknowledge that any such updates, changes and adjustments may happen automatically in the background at any time, that they are necessary to maintain compatibility with other updates or services, that they cannot be disabled by you, and that they will take effect when implemented. We will give notice of any such change on our website or by e-mail to the most recent e-mail address you have notified to us.

9.3       If, in accordance with clause 8.3 of the Zzoomm – Residential Customers Terms and Conditions or clause 8.2(b) of the Zzoomm – Business Customers Terms and Conditions (as applicable), we provide you at any time with at least one month’s prior notice of any change we propose to make to the VoIP Service or Our Agreement which is outside the scope of paragraph 9.2 above, which is potentially to your detriment and to which you do not agree, you may terminate Our Agreement by notice to us given within one month of receiving our notice of that change. You have a similar right to terminate if we provide you with at least thirty days’ prior notice of any change we propose to make to the VoIP Service or Our Agreement in accordance with clause 8.3 of the Zzoomm – Business Customers Terms and Conditions (if applicable). If you choose to terminate Our Agreement pursuant to any of these provisions, you will not be liable for any Early Termination Charge which might otherwise apply under the General Terms nor for other additional charges except for the charges for the period of time we delivered the VoIP Service to you prior to the actual termination of Our Agreement. We will, if applicable, refund to you any charges you have paid in advance for VoIP Service which has not been provided. Your continued use of the VoIP Service after the expiry of our notice of the changes will constitute your acceptance of them.

9.4       Except as provided in paragraph 9.3 above, if Our Agreement terminates within the Minimum Term (as specified in our General Terms), you may be required to pay an Early Termination Charge in accordance with clause 13.2 of the General Terms.

9.5       Upon termination of Our Agreement or the VoIP Service and unless you have already made suitable alternative arrangements with another provider, you will lose access (automatically, immediately and irrevocably) to (and will not be able to recover) Your Telephone Numbers. We are not liable for any losses, costs or expenses resulting from this.

Please tick here ☐ to confirm that you have read and accept Our Agreement referred to above (including these VoIP Terms).

Zzoomm Plc

Registered Number – 11738914

Registered Office – C/o Dmh Stallard Llp, Fetter Yard, Barnards Inn, 86 Fetter Lane, London, United Kingdom, EC4A 1EN

https://zzoomm.com

0333 311 9933