Definitions:
"Agreement"
is the agreement between You and Us for the Service
(see 1a below) to which these conditions will apply.
"Account" is the account in which the
Service is registered to a nominated mobile phone
number and where We record all Your credit and
charges."Billing Card" means the bank
account, credit card or other type of payment card
used to pay Us and details of which You supply to us
and which You are authorised to use."Charges"
are the charges for the Service (see 1a below) You use
and these are shown in the Price List, as updated from
time to time."Credit" means the monetary
amount We credit to Your account via Our pre pay
service. "Customer Enrolment Charge and Customer
Renewal Charge" means the annual charge that Your
account is subject to, following the twelfth month
anniversary of the activation of Your
account."Network Operator" is the UK network
operator which you are using or contracting with to
use our service, such as but not limited to O2,
Orange, Vodafone, Three and T-Mobile."Support
Centre" is reachable by emailing help@storytelecom.com or by calling Our offices
on
0845 108 4450
during UK office hours, Monday – Friday 9.00am –
5.00pm.
"Service"
or "Product" is defined as in 1a
below."We" "Us" and
"Our" mean Story Telecom Ltd, its related
Services and Swiftnet Ltd.
Swiftnet Ltd will process the order and collect
payment,"Website"
means www.storytelecom.com unless specified otherwise.Acceptance of Terms and
Conditions
We promote the
Service including via ‘Certified Agents’ and
provide Products to You (the "Customer" or
"You" or "Your") either directly
or, where We have approved a Certified Agent (a
"Certified Agent"), through a Certified
Agent, in accordance with the following Terms and
Conditions of Sale (the "Terms and Conditions of
Sale"). The following terms and conditions apply
to all transactions made on Our Website or
Registration Form or over the telephone.
Please read them
carefully. Terms and conditions may be subject to
change at any time.Should You continue to use Our
Services after a change has been published on Our
Website, You will be deemed to have accepted such
changes. By placing an order You are confirming Your
acceptance of Our terms and conditions. Please note
that if You are not the Billing Card owner, You must
obtain the full permission of the account or
cardholder before placing an order. If any of the
Terms and Conditions of Sale and its revised contents
are unacceptable to
You, please do not
use and register for Our Service/Product.
1) Goods
Description
a. Product/Service:
The Service is named "Story e-topup" (the
"Product" or "Service") and is an
international calling service with an automatic top up
feature activated when Your credit runs low (last 3
(three) minutes of a call). Customers will be provided
with a 01 or 02 UK landline and a 0800 access number.
Cost of calls to the 01, 02 and 0800 access numbers
are at Your Network Operator’s published rate. Full
lists of destinations and rates can be found
on the Website.
Each Billing Card is strictly restricted to one
Account and Your Account is subject to our credit
management procedures. We are not liable for any
failure,interruption, delay, suspension, or
restriction of our Service or for any Service quality
issues. There will be no compensation for disrupted
calls.
b. Price: The cost
of the calls is as set out in the Price List available
on the Website. All prices shown are correct at the
time of publishing and are quoted in UK Sterling (£).
All calls are fully inclusive of all taxes, VAT and
delivery charges. Prices are subject to change at any
time. Call charges shall be calculated by reference to
the details of Your calls recorded by, or recorded on
Our behalf.
c. Payment: Payment
will be made by customers using a Billing Card. Topup monthly limit is £40. If Your nominated account or charge card is either not
chargeable or the transaction is declined by the bank
or charge card supplier, we will attempt to charge
your nominated mobile phone number via £5 reverse
SMS-Billing. You will be notified via SMS of the £5
reverse SMS billing. If we still fail to charge your
mobile phone, we reserve the right to immediately
terminate Our service to You.
d. Contract: By
registering for Our Services, the Customer will be
legally bound by the terms and conditions of this
Website. The Customer will be deemed to have
registered on a pre pay service and have given
permission for Us to charge the Customer’s Billing
Card with the amount initially agreed by both parties
whenever the credit limit on the Account is low (this
would normally, but not necessarily, be the last 3
(three) minutes of a call). The Customer will
retain the right to cancel the automatic credit
recharge by informing Usdirectly in writing via Our
Support Centre or by sending a text with the word STOP
to 80556.
e. Bonus Credits:
Your Account may qualify for additional credits from
our promotional offers which may vary from time to
time.
f. Credits: When
all remaining credit has been used and You have
requested to cease the pre pay service via your
Billing Card, You will no longer be able to use the
Service to make outgoing calls until Your account has
again been recharged using Your Billing Card.
Alternatively, you can continue using our service by
manually topping up your Account from your mobile
phone and opting in to buy a £5 charge via reverse
SMS billing. We reserve the right to cancel the
Service on your Account if You have not used your
credit within 3 (three) months of your last top-up.
g. Application of
Credit to Your Account: You will be notified via SMS
and email the application of your calling credit. We
will attempt to update your Account within 3 (three)
hours from the receipt of Your order or clearance of
payment. Please note that We cannot be held liable for
any delays in the delivery of Credits which may not be
in Our control such as but not limited to network
failures and delays. Please allow up to 24 hours for
delivery. If You still do not have the Credits after
72 hours then You will have the right to terminate the
contract and a full refund will be given. Credit will
only be delivered to the telephone number supplied at
the time of order.
h. Cancellation and
Returns Policy:
· All
cancellations must be made in writing to Our Support
Centre.
· Customers will
have the right to a cooling-off period of seven (7)
days from the date of receipt of goods or credit or
when the contract is concluded or whichever that is
the earliest, provided the goods or credit are unused.
· In the event of
a Billing Card being used fraudulently without
permission from the cardholder, the cardholder will be
entitled to a full refund or cancellation of payment.
Similarly and as stated in the Consumer Credit Act,
any other circumstances which may be due to negligence
on behalf of the cardholder may
not result in full
compensation.
i. Data Protection:
We are registered with the Data Protection Act and
will fully comply with the applicable law regarding
the Data Protection Act. We shall keep, save and use
only the data required for the fulfillment of this
Agreement and the Customer has therefore agreed to
grant such rights to Us. We also reserve the right to
refuse any information requested when We are unable to
verify that the caller is the owner of the account.
j. Lost or Stolen:
If Your mobile phone is lost or stolen, it is Your
responsibility to report it both to the Police, and to
Us, by using the Customer Support number or email
quoting Your name, address, telephone number (and any
other relevant information that may be required). Once
reported, We will remove such Account from use.
However, in any such circumstances, You will be fully
responsible for any charges incurred up to that point.
At Our option, we may reinstate Your Credit to another
telephone number without any extra cost to You, so You
can continue using the service. Any credit on Your
account up to
when You informed
us of the loss/theft will be available.
k. General: In the
event of any fraudulent use of the Service by its
subscribers, We reserve the right to withdraw the
Service without any prior notification of such
withdrawal, although We will attempt to provide
warnings by any suitable means.
2) Law and
Arbitration
a. This contract
shall be governed by law in England and You hereby
submit to the non exclusive jurisdiction of the
English Courts.
b. Any dispute
arising under this Contract, which does not involve a
complicated issue of law or a sum exceeding £5,000
(or such sum as may be set from time to time by the
relevant governing trade or government authority) may
be referred to arbitration by either party under the
procedures of the Chartered Institute of Arbitrators.
3) Limit of
Liability
a. For the
avoidance of doubt, We have no obligation, duty or
liability in contract, tort (including negligence or
breach of statutory duty) or otherwise beyond that of
a duty to exercise reasonable skill and care.
b. Our maximum
liability under this agreement is limited to the
amount of money You have spent with Us in the last 12
months.
c. Subject to
Clause 2.b in any event We have no liability whatever
whether in contract, tort (including negligence or
breach of statutory duty) or otherwise for the acts or
omissions of other providers of telecommunications
services or for faults in or failures of the Service.
d. We do not
exclude or restrict liability for death or personal
injury resulting from Our own negligence or from the
breach of its obligation to exercise reasonable skill
and care or liability arising by virtue of Part 1 of
the Consumer Protection Act 1991.
e. In any event in
no circumstances shall We be liable in contract tort
(including negligence and breach of statutory duty) or
otherwise for loss (whether direct or indirect) of
profits, business, revenue or anticipated savings or
for any indirect or consequential loss, wasted
expenses, financial loss, data being lost or harmed or
damaged.
f. Where the
Customer does not take the Service in the course of a
business (or hold himself out as doing so), this
Clause 3 does not affect the Customer’s statutory
rights.
g. Each provision
of this Clause 3 is to be construed as a separate
limitation applying and surviving even if for any
reason one or other of the said provisions is
inapplicable or held unreasonable in any circumstances
and shall remain in force notwithstanding termination
of this Contract.
h. The Customer
shall forthwith indemnify Us against all claims
losses, liabilities, costs and damages that We may
incur that anyone other than the Customer threatens or
makes against Us because of the way the Service is
used or because the Service is faulty or cannot be
used arising otherwise than by reason of default on
Our part.
4) Service Provider
The Service is
provided by Story Telecom Ltd of Britannia House 960
High Road London N12 9RY, VAT registration number
544723834, Company Registration Number
04551415. Swiftnet Ltd will process the order and collect
payment.
5) Force Majeure
We are not liable
for any breach of this Contract where the breach was
caused by Our part, insurrection or civil disorder,
war or military operations national or local
emergency, acts or omissions of government, highway
authority, regulatory authority or other competent
authority, Our compliance with any obligation under a
statute, international treaties and other
international agreements, industrial disputes of any
kind (whether or not involving Our employees), fire,
lightning, explosion, flood, subsidence, weather and
other telecommunication service provider or any other
cause whether similar or dissimilar outside Our
reasonable control.
6) Our General
Powers
We reserve the
right to:
a. alter the name
or number of the customer’s Account, or other name,
code or number
whatsoever
allocated by Us from time to time for use in
connection with the Service;
b. in an emergency,
temporarily to suspend Service to the Customer wholly
or in part for the purpose of the provision of
temporary emergency telecommunication services;and
c. to give such
instructions concerning the use of Service as We
decide from time to time in the interests of safety
and quality of service, to the Customers of the
Service as a whole and the Customer agrees to comply
with such instructions.
© Copyright Story Telecom Ltd 2008, all rights reserved - Last updated
on 03rd September 2008
