Zzoomm Home Phone (VoIP) 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 Services
  • 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 as referred to in our Broadband Service Terms for Business Customers. We are not liable for any losses, costs or expenses arising from your failure to comply with this restriction.
  • 2.2 The Services are provided on the basis that your usage will not exceed the level of usage reasonably expected of a reasonable person using the Services 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 email) to:-
• (a) restrict your usage to what we regard as Reasonable Usage, or suspend or terminate the Services provided to you and/or this Agreement; and/or
• charge you for the Services 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 Services and/or this Agreement for outgoing calls; and/or
• (b) detect invalid or non-dialable Calling Line Identification (“CLI”) data. We may block calls which appear to us to have invalid or non-dialable 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 Services does):-

• (a) comply with all applicable laws; and
• (b) not use the Services 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 clause 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 Services.
  • 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 Services
  • 4.1 We will provide your Services over a broadband network and they are 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 do not function properly, you will not be able to use the Services. 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 Services and to make and receive calls.
  • 4.2 If there is a power or network outage:-
• (a) your Services will not work and you will be unable to use the Services or make or receive phone calls (including to the emergency services – see clause 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.
• (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 Services generally permit 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 Services, 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 this Agreement (including these Terms and Conditions) 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 this Agreement (including these Terms and Conditions) 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 clause 5.2, we recommend that you register with us the address of the place where the Services are to be used (or, if the Services are to be accessed from multiple locations, the location information associated with the Services), 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 this Agreement (including these Terms and Conditions) 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
  

7.1 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 Services 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 Services that are applicable to you from time to time are set out in Our Price Guide (or can be sent to you by e-mail upon request).
  • 8. 2 We may amend or vary those charges from time to time by publishing an amended Price Guide on our website [or by notifying you of any changes by e-mail].
  • 8.3 [If any changes in those charges would have a material detrimental effect on you, you may terminate this Agreement in accordance with clause 9.2.]
  • 8.4 You are responsible for checking the current charges of any call before you or your users make it.
  • 8.5 [We invoice for line rentals monthly in advance, and for all other telephone service charges monthly in arrears.]

• 9 Termination
  • 9.1 This Agreement will terminate automatically (and will be deemed to have been terminated by you) in the event that:-
• (a) your agreement with us 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 If we notify you of any change we propose to make to the Services, this Agreement or the charges which is outside the terms of this Agreement and to which you do not agree, you may terminate this Agreement by notifying us by e-mail before the change takes effect or within 30 days after the change takes effect we will, if applicable, refund to you any charges you have paid in advance for Services which have not been provided. Where termination takes place during the Minimum Term (as specified in our Standard Terms and Conditions), you will not be liable for any Early Termination Charge which would otherwise apply under those Standard Terms and Conditions.

9.3 Except as provided in clause 9.2 above, if this Agreement terminates within the Minimum Term (as specified in our Standard Terms and Conditions), you may be required to pay an Early Termination Charge.

• 9.4 Upon termination of this Agreement or the Services 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.