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ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS OF SERVICE
Activata Ltd. Services are owned and operated by Activata Ltd, and are provided to
business users under the 'Terms & Conditions' herein. Activata Ltd. may at any time
modify the 'Terms & Conditions' without any prior notice. Any such changes will be
displayed on the Activata Ltd. website at URL www.activata.co.uk or any subsequent
URL as Activata Ltd. may determine. Your continued use of the Service (as defined
below) thereafter will constitute acceptance of such changes. The 'Terms &
Conditions' and the User's registration information are the complete agreement
between the User and Activata Ltd. regarding this Service, and supersede any other
prior agreements or communications between Activata Ltd. and the User. This
agreement will commence when your credit card transaction to pay for the services
is complete.
DEFINITIONS
'Service' -
shall mean the Services provided by Activata Ltd. under this agreement which are more
particularly set out under the page headings Activata Ltd. Services on the Activata Ltd
web site and the Testing Service.
'User' -
shall mean a person who has been through Registration and has been accepted as a
User by Activata Ltd
'Registration/Register' -
This means the process of applying for A User Account with Activata Ltd. and agreeing
to these terms and conditions.
'Account Operating Balance' -
'Uncleared Revenue Balance' -
'Revenues Cleared Balance' -
This displays the current status of funds you have in your User Account to purchase the
rental of the service, telephone numbers and any call minutes you may use.
This displays the amount of funds that you have accumulated from services running with a
revenue generation telephone number. Any revenues displayed will only be made available
when the Network Operator has paid Activata. In addition funds maybe withheld if the service
is under investigation by ICSTIS.
This displays the amount of funds that have been cleared and are available to be paid into the
Account Operating Balance or paid direct to the User.
'Operating Vouchers' -
This is the means by which you add funds to your Account Operating Balance by purchasing
vouchers with a credit card
'Automatic Operating Voucher' -
This is an automatic means by which (if selected) additional Operating Vouchers are purchased
when your Account Operating Balance reaches a pre-determined level.
'Resellers' -
shall mean the person, persons or organisations introducing Users to the Service.
'Network Provider' -
shall mean the company or organisation delivering your existing telephone service, e.g. BT.
'ICSTIS' -
is the Independent Committee for the Supervision of Standards of Telephone Information Services.
' Charges' -
means the charges in respect of the Services,
including telephone numbers
' Rental Period' -
means the duration (charged daily) for which a service
including the telephone number is hired and as
indicated by the User when ordering operating
vouchers to pay for Services;
' User Account' -
an account set up by Activata Ltd from which
User pays for Services.
' Testing Service' -
means the free trial of Services which the User
can undertake prior to purchasing Services and as
further detailed below;
TELEPHONE NUMBERS
All telephone numbers provided by Activata Ltd.
are rented to the User for their sole dedicated
use for their selected Service, for the duration
of the Rental Period as selected and paid for by
the User, with the exception of: Users who
participate in the Testing Service Activata
Ltd. When there are insufficient funds to
cover the service rental charges the service
will stop and the Users Telephone number will
be quarantined before being re-used by another user.
Users who wish to reuse quarantined telephone
numbers must contact Activata support.
The network providers reserve the right to
change telephone numbers as and when specified
by OFTEL.
PRIVACY STATEMENT
Activata Ltd. is committed to protecting a User's privacy.
It will only use the information that it collects about a
User lawfully (in accordance with the Data Protection Act 1998).
Activata Ltd. collects information about Users for 2 reasons:
firstly, to process your order and second, to provide you
with the best possible Service.
Activata Ltd will give the User the chance to refuse any
newsletters or emails from Activata Ltd or from another
trader in the future.
Activata may use User's information as part of any report or
publication without revealing any personal information of the User
The type of information Activata Ltd may collect about Users includes:
- User's name
- address
- phone number
- email address
- credit/debit card details
Activata Ltd will never collect sensitive information about a User
without User's explicit consent.
The information Activata Ltd hold will be accurate and up to date.
Users can check the information held about them by emailing
[email protected] If User finds any inaccuracies Activata
will delete or correct error promptly.
The personal information that Activata Ltd hold will be held
securely in accordance with Activata Ltd's internal security
policy. If Activata Ltd intends to transfer User's information
outside the EEA (European Economic Area) Activata Ltd will
always obtain User's consent first.
Activata Ltd may use technology to track the patterns of behaviour
of visitors to the Activata Ltd web site. This can include using
a 'cookie' which would be stored on a User's browser. Users can
usually modify their browsers to prevent this happening. The
information collected in this way can be used to identify a
User unless browser settings are modified.
INDEMNITY
Users agree to indemnify and hold Activata Ltd., and its
subsidiaries, resellers, affiliates, officers, agents,
co-branded partners or other partners, and employees,
harmless from any claim or demand, including all legal
fees, made by any third party due to or arising out of
User's content on the Services, use of the Service by Users,
connection to the Service by Users, User's violation of the
Terms & Conditions, or User's violation of any rights of
another including any claim of libel, defamation, violation
of rights of privacy or property or other rights, including
loss of Service by other Users and infringement of
intellectual property.
LINKS
Activata Ltd. its affiliates, resellers, or third parties may provide
links to other World Wide Web sites or resources but is not responsible
or liable, directly or indirectly for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products or other materials
on or available from such sites or resources. Activata Ltd. is
not responsible or liable for any damage or loss caused or
alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available
on or through any such site or resource.
PROPRIETARY RIGHTS
Users acknowledge and agree that the Services and any necessary
software used in connection with the Services contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly
authorised by Activata Ltd., Users agree not to modify,
rent, lease, loan, sell, distribute or create derivative
works based on the Services or the software, in whole
or in part.
NO RESALE OF SERVICE
Users agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Services, use of
the Services, or access to the Services, or any
benefits of being a Activata Ltd. User.
UNLAWFUL USE
Users agree not to use the Service to transmit or receive
any material which would contravene the laws of the
United Kingdom (which, without prejudice to the
generality of the foregoing, shall specifically
include conduct contrary to the COMPUTER MISUSE
ACT 1990 or the TELECOMMUNICATIONS ACT 1984,
or the DATA PROTECTION ACT 1998, or the ICSTIS code
of practice or the lawful requirements of any
existing or future regulatory body. ANY BREACH
OF THE ABOVE WILL RESULT IN THE TERMINATION OF
ALL Activata LIMITED SERVICES TOGETHER WITH
USER ACCOUNTS AND MAY AS A CONSEQUENCE RESULT
IN CRIMINAL PROSECUTION.
LIMITATION OF LIABILITY
USERS EXPRESSLY UNDERSTAND AND AGREE THAT Activata
LIMITED OR ANY OF ITS SUBSIDUARIES SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY LOSSES
OR DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Activata LIMITED HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OF OR THE
INABILITY TO USE THE SERVICE. (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES (ii) ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE.
(iii) UNAUTHORISED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE, OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
NOTICES
All notices to you will be made via email to your email
address. Activata Ltd. may also provide notices of
changes to the Terms & Conditions or other matters
by displaying notices or links to notices on the
Activata Ltd. Web site. As these notices may
affect your terms and conditions.
USER OBLIGATIONS
THE USER
Users agree that they will not use the Service for any
illegal purpose, for the transmission of information
that is libellous, unlawful, harassing, abusive,
threatening, harmful, vulgar, defamatory, obscene,
pornographic, or infringes a third party's rights
nor will they use the Service in anyway that may
infringe a third party's rights, the laws governing,
but not exhaustively covering, copyright, intellectual
property rights, trademarks, pornography, or any other
material that is slanderous, defamatory or might cause
offence in any way. Nor will the User use the Services
in any which may breach the ICSTIS rules and regulations.
USER CONDUCT
Users agree that they will not use the Service in such a
manner that is inconsistent with these Terms & Conditions
or engage in any action that might be considered System
abuse in the opinion of Activata Ltd.; these include but
are not limited to:
- Attempting to take unfair advantage in terms
of the Services offered by redirecting calls to
unapproved destinations, or unauthorised access attempts.
- Attempting to circumvent Codes, User authentication
or security of any host, network, or User Account on
Activata Ltd. or its authorised partners systems.
- Attempting, in any way, to interfere with, cancel
or deny Service to any other Activata Ltd. Users or
resellers.
USER RESPONSIBILITIES
The User accepts responsibility for the following;
To obtain all necessary permissions to
use and pay for the Services selected, to receive,
download, upload, display, distribute or execute
other programs or perform other works. This Service
is provided to individuals who work for or represent
Users BY COMPLETING THE REGISTRATION PROCESS, YOU ARE
STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT
YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND
CONDITIONS OF THE SERVICE.
USER REGISTRATION AND USER ACCOUNTS
Users agree to provide true, accurate, correct and complete
information, which Users are required to provide when
Registering as a User and to amend such User details
immediately that there are any changes to such information.
Users agree not to impersonate any other person or entity or
to use a false name or a name that the User is not authorised
to use. If the User is accepted, they will be forwarded a
user name and password to the email address specified in
the Registration process. The User is allowed to select a
user name of their choice, although Activata Ltd. reserves
the right to modify such or provide the User with a user
name of Activata Ltd. choice if, in its sole opinion, such
user name infringes or violates the rights of any person or
third party or is defamatory, offensive or is in any other
way improper or inappropriate. Activata Ltd. reserves the
right to terminate the Services and the User's Account if
any information provided by the User in the Registration
process is untrue, inaccurate or out-of-date. When
using the Service Users have sole responsibility for
maintaining the security and confidentiality of all
passwords, User names, PIN numbers or security access
codes ("the Codes"). Users accept total
responsibility for these Codes and for
any consequence of these Codes being
divulged. Users are also obliged to
pay the applicable charges for calls
to help line and any charges for
changing the Codes. Failure to do
so will be considered a breach
of these Terms & Conditions.
Activata Ltd. reserves the right
to decline application to Register as a User of
the Service, in its sole discretion.
USER'S CONTENT
Activata Ltd. does not claim
ownership of the content placed on any of its
Services created by a User. By submitting
content to Activata Ltd. for inclusion in its
Services, the User grants Activata Ltd. the
world-wide, royalty-free, and non-exclusive
licence to reproduce, modify, adapt and
publish the content solely for the purpose
of running and promoting the User's Service.
Users acknowledge that Activata Ltd.
does not pre-screen content, but that Activata Ltd.
and its operators shall have the right (but not the
obligation) at their sole discretion to refuse to
accept or remove any content that is available via
the Service. Without limiting the foregoing,
Activata Ltd. and its operators shall have
the right to remove any content that violates
the Terms & Conditions, or is otherwise
objectionable to Activata Ltd. management.
TERMINATION OF USER ACCOUNT BY THE USER
Users may, on notice to Activata Ltd terminate their User
Account with Activata Ltd. at any time.
TERMINATION OF USER ACCOUNT BY Activata LIMITED
Activata Ltd may immediately terminate User Accounts and
Services at any time in the event that a User breaches any of these Terms
& Conditions. In the event that a User Account is terminated for breaching
these Terms & Conditions; Activata Ltd. will give no refund of Charges.
Activata Ltd. may also, at its sole discretion, and, at any time,
discontinue the provision of any of its Services or any part thereof,
with or without notice. Activata Ltd. reserves the right to terminate a
User Account or Services without notice upon rejection of any credit
card charges or if a User's card issuer seeks return of payments
previously made to Activata Ltd. or any of its agents, affiliates
or resellers, when Activata Ltd. in good faith believes Users are
liable for the Charges. Such rights are in addition to and not
in lieu of any other legal rights or remedies available to
Activata Ltd. All Charges due to Activata Ltd. must be paid
in full by your card issuer immediately on presentation by Activata Ltd.
RE-INSTATEMENT OF USER
If a User's User Account is terminated for any reason,
Users can only be reRegistered at the sole discretion of Activata Ltd.
To be reRegistered, you must complete the full Registration process and
agree to abide by the applicable Terms & Conditions, including full
payment of any Charges.
SERVICES
TESTING SERVICE
In order for Users to gain access to,
select, modify, test, and activate any of the Services
(except the email to voice service) the User must first
Register with Activata Ltd. and become a User. Activata
LIMITED DOES NOT CHARGE USERS FOR THE TESTING SERVICES.
USERS ARE ONLY CHARGED FOR TELEPHONE NUMBERS AND
SERVICES THEY HAVE COMMITTED TO PURCHASE.
Activata Ltd. provides Users with the facility to
'test' their selected Service prior to committing and paying for their
own dedicated Service. Users can perform as many tests as they wish
providing they comply with these Terms & Conditions and it will only
cost them the price of a national rate telephone call (at whatever
rate per minute you pay to your network provider) if calling within the
UK, or at whatever rates they pay if calling internationally.
The Testing Service is provided for TEST purposes only and must
not be used for or assumed for a User's dedicated or commercial
use. ANY USER FOUND IN THE OPINION OF Activata LIMITED OR ITS
AUTHORISED RESELLERS ABUSING THE TESTING SERVICE WILL HAVE
THEIR USER ACCOUNT TERMINATED IMMEDIATELY.
Activata LIMITED SERVICES
Activata shall provide the Service and Activata
web site to the Customer subject to availability and shall exercise
all due care in the provision and maintenance of the Service to
provide high quality and reliability.
SERVICES ACTIVATION TELEPHONE NUMBER RENTAL & TOP UP
Users Services will only be activated once a User has
confirmed acceptance of the Service, all Charges have been paid in full,
and these Terms and Conditions have been agreed to Activata Ltd.
will notify Users, by email, to the address given on Registration
when their Rental Period is due to expire. An email will be sent
warning that expiry is within 14 days, 7 days and then 1 day.
If the Rental Period has not been extended then the telephone
number will expire and is removed from the User account and
will be made available to another User. An E-mail will
also be sent when a User's Account Operating Balance
has reached a level which is equivalent to 20% of
the value of the last Operating Voucher purchased
by the User. If the User's account has an insufficient
Account Operating Balance to complete a call, the
Services will be suspended until the Account
Operating Balance is back to a sufficient level.
MODIFICATIONS TO SERVICE AND MAINTENANCE
Activata Ltd. reserves the right at any time to suspend,
modify or discontinue the Services (or any part thereof) including,
without limitation, for maintenance or regulatory purposes or any
other purpose without incurring any liability or obligation to you
or to any third party. All reasonable efforts will be made to
minimise stoppages or suspensions.
REFUSAL OR WITHDRAWAL OR SUSPENSION OF PREMIUM RATE SERVICE
Where in the first two full calendar months
of use, or any subsequent two full calendar months, the User
has not received at least one call on their premium rate number
("Minimum Use") Activata Ltd. may 10 days after the end of the
two months in which the Minimum Use was not achieved, take back
the allocated number, at which point the User's entitlement to
use the Service shall immediately cease. Any number(s) taken
back under this clause may be made available for other Users
after a further 1-month period. Users agree to abide in full
with all conditions as set out in the ICSTIS code of practice
concerning premium rate services. Activata Ltd. and its
authorised resellers reserve the right to cancel, suspend,
withhold revenues, modify or refuse Users Services in part
or whole and without any refunds of Charges from their User
Account with Activata Ltd. if they violate the ICSTIS code
of practice and or Activata Ltd. Terms and Conditions.
PAYMENTS CHARGES AND TARIFFS
PAYMENTS
Payment for Activata Ltd. Services must
be made using the User's own credit or debit card, details of
which must be submitted in the payment section of the web site
when completing your Services set-up. No Services will become
active until payment authorisation in full has been completed.
TYPES OF CREDIT CARDS
Activata Ltd accepts VISA and MASTERCARD credit
cards and Switch and JCB debit cards. The deduction is made by Worldpay
Merchant Services, as agents for Activata Ltd, and will appear on a
statement as 'Activata LIMITED'.
CREDIT CARD INFORMATION: SHOULD ANY DETAILS OF USER'S CREDIT OR DEBIT
CARD CHANGE (USER'S NAME, CARD NUMBER, ADDRESS, ETC), OR USER'S CARD
EXPIRES, USER MUST NOTIFY Activata LIMITED IMMEDIATELY. FAILURE TO
UPDATE USER'S CREDIT CARD DETAILS BEFORE THE RENEWAL DATE MAY RESULT
IN THE TERMINATION OF USER'S SERVICE.
REFUND POLICY
Once a User's Service has been successfully connected
to the Users telephone number, all Charges are non-refundable.
PREMIUM RATE AND 0870, 0871 PAYMENTS
Users operating Activata Ltd. Premium Rate Services
and 0870 and 0871 numbers will receive a percentage or an amount as
specified of total revenues for their Premium Rate Services and 0870
and 0871 paid to Activata Ltd. by the network provider. All revenues
accrued and awaiting payment from the network provider are displayed
in the Uncleared Revenue Balance of Users accounts. When Activata
have received payments from the network provider they will be
displayed in the Revenues Cleared balance. Activata will
automatically deduct the following months service charges before any
payments are made to Users receive payment into their nominated
accounts within 30 days from Activata Ltd. receiving the revenues.
GENERAL
Activata Ltd shall not be liable in any way for loss,
damage or delay consequent upon any circumstances beyond its reasonable
control.This Agreement together with any documents referred to in this
Agreement sets out the entire agreement and understanding between the
parties and supersedes all prior agreements, understandings or
arrangements (oral or written) in respect of the subject matter
of this Agreement.
User acknowledges that it has entered into this
Agreement in reliance only on the representations, warranties promises
and terms contained in this Agreement and, save as expressly set out in
this Agreement, Activata Ltd shall have no liability in respect of any
other representation, warranty or promise made prior to the date of this
Agreement unless it was made fraudulently.
To the extent that any provision of this Agreement is
found by any court or competent authority to be invalid, unlawful or
unenforceable in any jurisdiction, that provision shall be deemed not
to be a part of this Agreement, it shall not affect the enforceability
of the remainder of this Agreement nor shall it affect the validity,
lawfulness or enforceability of that provision in any other jurisdiction.
Unless expressly provided in this Agreement, no term of this
Agreement is enforceable pursuant to the Contracts (Rights of Third Parties)
Act 1999 by any person who is not a party to it.
This Agreement shall be governed by and construed in
accordance with English law.
Each of the parties irrevocably submits for all
purposes in connection with this Agreement to the exclusive
jurisdiction of the courts of England.
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