terms and conditions
1. Introduction
Please read the following terms and conditions of use before completing your registration for the Coms Broadband Phone service (the 'Service'). By clicking the 'Proceed' button, you agree to the following Terms and Conditions governing use of the Service.
2. Our Service
2.1 Service Provision
Coms.Com will provide the Service following successful completion of the Service sign-up process. In order for Coms.Com to provide the Service, you will need:
- Suitably enabled broadband line; and
- A PC; and
- A Broadband telephone, either softphone or PC handset. This may be the Coms.Com supplied softphone, or one from another supplier.
2.2 Service Usage
Coms.Com aims to provide a continuous service to the Customer, but the Service may be impaired by other data on the broadband connection or on the wider internet due to circumstances beyond our reasonable control.
Occasionally, for operational reasons, Coms.Com may have to change the codes or the numbers given to you, or interrupt the service. Coms.Com will restore the interrupted Service as quickly as possible.
The ability to make emergency calls (999 or 112) cannot be guaranteed. Whenever possible, alternative arrangements should be made and a standard Public Service Telephone Network link be maintained.
If the Service includes a telephone number, you do not own any number nor have the right to sell or to agree to transfer any number provided to you by Coms.Com.
You accept that occasionally Coms.Com may provide instructions regarding the Service that must be followed.
2.3 Service Misuse
You agree that you will only use the Service in accordance with these Terms and Conditions.
You agree that when using the Service you will comply with applicable laws and regulations at all times, and will not, including but not limited to: violate the legal rights (such as the rights of privacy and publicity) of others; make offensive, indecent, menacing, nuisance or hoax calls; use the service fraudulently or in connection with a criminal offence; distribute spam or any other form of unsolicited electronic mail or SMS messaging; upload or distribute illegal material or information which might constitute a criminal or civil offence; upload files that contain software or other material which are the intellectual property rights of any third party without having received all necessary consents; upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Service or other computers; upload or distribute any Customer Data that damages, denigrates or brings into disrepute Coms.Com or its employees, associates or affiliates in any way.
The Service must not be used for purposes which, in our opinion, are not in keeping with those reasonably expected for personal use (for example telemarketing).
2.4 Service Management
Coms.Com will use all reasonable endeavours to correct any reported fault as soon as reasonably practicable.
3. Charges and Payments of fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and Billing Agent terms and conditions in effect at the time a fee or charge is due and payable.
Coms.Com reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 5 working days prior notice to you, which notice may be provided by e-mail.
4. Fair Usage Policy
All Coms.Com Services are subject to this Fair Usage Policy.
Coms.Com may apply this Fair Usage Policy where in our reasonable opinion your usage of our Services is excessive and/or unreasonable as detailed in this paragraph. Coms.Com has developed this Fair Usage Policy by reference to average customer profiles and estimated customer usage of our Services. If your usage of our Services materially exceeds estimated use patterns over any month, then your usage will be excessive and/or unreasonable. UK Unlimited and UK + International Unlimited includes 800 monthly minutes to the defined destinations, additional minutes are charged at the standard “Pay As You Go” rate.
If your usage is excessive and/or unreasonable Coms.Com may contact you to advise you that your usage is in breach of this Fair Usage Policy. Coms.Com may then request that you desist from or alter your usage to come within our Fair Usage Policy. If your excessive or unreasonable usage continues after receipt of a request to desist from or alter the nature of such usage, Coms.Com may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of our Services or withdraw your access to the Services.
5. Refunds Policy
Coms.Com does not provide refunds for telecommunications services.
6. Matters beyond Coms.Com.com reasonable control
Neither party shall be liable to the other for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, acts of other parties, governmental laws, regulations or requirements, the acts or failure to act of any governmental authority, acts of civil or military authority, labour disputes, fires, riots, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power or fuel, equipment or services failure (including the unavailability of third party telecommunications services, lines or other equipment).
7. Intellectual Property
Coms.Com alone (and its suppliers, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Coms.Com Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Coms.Com Technology or the Intellectual Property Rights owned by Coms.Com. The Coms.Com name, the logo, and the product names associated with the Service are trademarks of Coms.Com, and no right or license is granted to use them.
8. Security
8.1 Password
You will be responsible for keeping all password information secure and not disclosed to unauthorised people. If a disclosure does occur, you must inform us immediately, and take all steps necessary to prevent unauthorised use of the Service.
8.2 Privacy
We will respect any business and personal information provided by you and undertake to comply with all data protection legislation currently in force. Any personal information provided by you shall be subject to our Privacy Policy. We shall not disclose your registration details to any third party without your permission unless in accordance with the terms of the Privacy Policy.
9. Termination
You may cancel your subscription to the Services at any time within the Terms and Conditions of the Service, by calling or emailing our customer support team (support@coms.com). The current contacts are listed on the Coms.Com website www.coms.com. All customer queries will be answered within 48 hours
At its sole discretion, Coms.Com has the right to terminate or restrict your access to any component of the Service without notice and the right to remove any content from the Service that it considers in its sole discretion to be objectionable (please see Clause 3 for guidance). These rights are in addition to any other rights and/or remedies available to Coms.Com and without any liability whatsoever.
Coms.Com reserves the right to permanently remove accounts that have remained inactive for a period of three months.
9.1 If the Customer Breaks the Contract
In addition to any other rights granted to Coms.Com herein, Coms.Com reserves the right to suspend or terminate this Agreement and your access to the Service if your account falls into arrears.
Coms.Com reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Coms.Com has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is in arrears for 30 days or more.
10. Warranty
We do not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this Service, and Coms.Com expressly disclaims all warranties and conditions, including implied warranties and conditions or satisfactory quality, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Coms.Com assumes no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, browsing, or use of the Service. In no event shall Coms.Com be liable for any injury, loss, claim, damage, or any exemplary, punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings, loss of business opportunities or contracts) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Service, (ii) any failure or delay (including, but not limited to) the use of or inability to use any component of the Service (iii) the performance or non-performance by Coms.Com even if we have been advised of the possibility of damages to any other party (iv) the provision of or failure to provide services (v) any information, software, products, services and related graphics obtained through the Service.
You warrant that the Customer Data supplied shall not be blasphemous, defamatory, deliberately false or otherwise infringe the rights of any third party and you indemnify Coms.Com for any loss caused to Coms.Com resulting from a breach of this warranty or any other undertaking under this agreement.
11. Liability and Indemnity
To the extent permitted by law, neither Coms.Com nor any person associated with Coms.Com shall be liable for any loss resulting from use of the Service or otherwise in the providing or failing to provide the Service.
You shall indemnify and keep Coms.Com indemnified against all actions, claims, losses, costs (including all legal costs), damages and expenses that are suffered or incurred by Coms.Com whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms and Conditions.
12. General Provisions
1. Governing Law: These Terms and Conditions shall be governed and interpreted in accordance with English law.
2. Resolving Disputes: We will try to work through any disputes you may have with us. If we are unable to do this, however, you can refer the matter to any relevant dispute resolution service.
3. Assignment: Coms.Com may assign the benefit of this agreement to any third party. You may not assign your rights under this agreement.
4. Contract Changes: Coms.Com may amend these terms and conditions from time to time, which notice to you may be provided by e-mail.
5. Notices. If the parties need to write to each other they must do so as follows:
* To Coms.Com by email at Support@Coms.Com or by post to the address given below. All customer queries will be answered within 48 hours
* To the customer by email or post at the address information entered during registration, or subsequently updated on-line.
13. Definitions
"Content" means the documents, software, layout, logs, marks and other elements of the Service website and messaging, other than the Customer Data.
"Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service.
"Package" means a Coms.Com product option purchased via the on-line order centre.
"Privacy Policy" means the Privacy Policy on the Coms.Com web site.
"Service" means the Coms.Com Broadband phone service.
"Coms" means Coms.Com ltd, a company incorporated under the Companies Acts registered in United Kingdom No. 04913480 and having its registered office at 39-49 Commercial Road, Southampton, Hampshire, SO15 1G.
