Terms and Conditions

Introduction

Please read the following terms and conditions of use before completing your registration for the Connexin Broadband Phone service (the 'Service'). By clicking the 'Proceed' button, you agree to the following Terms and Conditions governing use of the Service.

1. General
All prices on Connexin.co.uk are excluding VAT. VAT will will be charged where applicable, unless otherwise stated. Prices and promotions are correct at time of going to press, but may change at any time.

2. Our Service
2.1 Service Provision

Connexin.co.uk will provide the Service following successful completion of the Service sign-up process. In order for Connexin.co.uk 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 Connexin.co.uk supplied softphone, or one from another supplier.

2.2. Service Agreement
Our monthly packages (UK Unlimited and International Unlimited) and business packages are subject to our service agreement and fair usage policy. The agreement will be for a minimum of 12 months during which time you must pay the monthly charges. You may cancel your contract within 7 days of registering, after 7 days, cancellation will not be possible with the payment of termination charge. Any call charges incurred must be paid for in the 7 day period. You may terminate your contract after this 7 day period but home users account will be subject to a termination charge of £39 (ex. vat). For business account termination, if the contract ends during the contract period the Customer must pay Connexin the rental charges shown in the business account set up agreement for the remainder of the contract period. You may terminate your contract at the end of the contract period for free, however, a 1 month notice of cancellation is required.

A one off setup charge of £5 (ex vat) is required for our Pay As You Go, UK Unlimited and International Unlimited call plan. A monthly allowance of 500 minutes is allocated to our UK Unlimited plan and International Unlimited plan. Going past the 500 minutes allowance, calls will be charged at our standard Pay As You Go rates. For our UK Unlimited and International Unlimited customers, the billing date is on the 1st of every month. The call plan subscription (£5.99 or £7.99) and any additional calls made outside the allowance will be invoiced to you via email.

Monthly Direct Debit and Google Checkout are our current chosen methods of payment for our monthly customers. The direct debit form must be completed in full with your correct bank details and returned to us within 5 working days. Please contact accounts@connexin.co.uk for a copy of the Direct Debit Mandate. With Google Checkout, you will be invoiced on the day that payment is due. A Google Checkout payment link will be sent to you via email where you can make a secure payment online. A late payment fee of £9.99 will be incurred if full payment is not received within 5 working days.

2.2 Service Usage

Connexin.co.uk 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, Connexin.co.uk may have to change the codes or the numbers given to you, or interrupt the service. Connexin.co.uk 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 Connexin.co.uk.

You accept that occasionally Connexin.co.uk 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 Connexin.co.uk 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

Connexin.co.uk 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.

Connexin.co.uk 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.

The normal payment period for our customers is 14 days. After which if payment has not been received, a late payment fee will be incurred. A late payment fee of £10 will be charged. If payment is not made 5 days after the late payment fee is issued, then your account will be terminated. The full due amount including all charges (such as subscription fee, call charges, termination  fee, and late payment fee) will be collected.

4. Fair Usage Policy

All Connexin.co.uk Services are subject to this Fair Usage Policy.
Connexin.co.uk 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. Connexin.co.uk 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 includes Unlimited monthly minutes to the defined destinations, additional minutes are charged at the standard “Pay As You Go” rate. International Unlimited includes Unlimited 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 Connexin.co.uk may contact you to advise you that your usage is in breach of this Fair Usage Policy. Connexin.co.uk 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, Connexin.co.uk 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

Connexin.co.uk does not provide refunds for telecommunications services.

6. Matters beyond Connexin.co.uk 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

Connexin.co.uk alone (and its suppliers, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Connexin.co.uk 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 Connexin.co.uk Technology or the Intellectual Property Rights owned by Connexin. The Connexin.co.uk name, the logo, and the product names associated with the Service are trademarks of Connexin.co.uk, 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

For our Pay as you go plan, 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@Connexin.co.uk). Please refer here for our monthly packages and business packages. The current contacts are listed on the Connexin.co.uk website www.Connexin.co.uk. All customer queries will be answered within 48 hours.

At its sole discretion, Connexin.co.uk 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 Connexin.co.uk and without any liability whatsoever.

Connexin.co.uk 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 Connexin.co.uk herein, Connexin.co.uk reserves the right to suspend or terminate this Agreement and your access to the Service if your account falls into arrears.

Connexin.co.uk 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 Connexin.co.uk 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 Connexin.co.uk 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.

Connexin.co.uk 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 Connexin.co.uk 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 Connexin.co.uk 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 Connexin.co.uk for any loss caused to Connexin.co.uk 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 Connexin.co.uk nor any person associated with Connexin.co.uk 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 Connexin.co.uk indemnified against all actions, claims, losses, costs (including all legal costs), damages and expenses that are suffered or incurred by Connexin.co.uk 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. Any dispute must be made in writing, either by email to: info@connexin.co.uk or letter to our registered address.

3. Assignment: Connexin.co.uk may assign the benefit of this agreement to any third party. You may not assign your rights under this agreement.

4. Contract Changes: Connexin.co.uk 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 Connexin.co.uk by email at support@connexin.co.uk. 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 Connexin.co.uk product option purchased via the on-line order centre.

"Privacy Policy" means the Privacy Policy on the Connexin.co.uk web site.

"Service" means the Connexin.co.uk Broadband phone service.

"Connexin.co.uk" means Connexin ltd, a company incorporated under the Companies Acts registered in United Kingdom No. 05823408 and having its registered office at 162 Beveley Road, Hull, HU10 7HA.