VOIP BUSINESS Ltd (the “Service”) is a platform for the provision of Telephony and Communication Services to be managed by the Customer and its Users, accessed by Callers/businesses. The Service is operated and owned by VOIP BUSINESS Ltd whose registered office is 17, Ensign House, Admirals Way, Canary Wharf, London, E14 9XQ.
PLEASE NOTE THAT THE SERVICE SUPPORTS USE FOR EMERGENCY SERVICE CALLS ON REQUEST ONLY. IN ORDER TO ENABLE EMERGENCY CALLING WITHIN THE SERVICE, PLEASE CONTACT OUR HELP-DESK OR CONTACT ON ADDRESSES PROVIDED IN THE ADDRESS AND PROVIDE THE DEFAULT TELEPHONE NUMBER AND ADDRESS TO BE USED FOR EACH USER IN THE EVENT THAT AN EMERGENCY CALL NEEDS TO BE MADE. A SEPARATE TELEPHONE NUMBER AND ADDRESS IS REQUIRED FOR EACH USER MAKING EMERGENCY CALLS FROM OTHER LOCATIONS.
THE USE OF THIS SERVICE WILL RELY ON THE AVAILABILITY OF YOUR OWN DEVICES, HARDWARE, PHONE DATA NETWORK AND INTERNET PROVIDER AT ALL TIMES – ANY RESTRICTIONS IN ANY OF THE ABOVE SERVICES OR DEVICES WILL ALSO LIMIT THE QUALITY OF THE SERVICE.
The terms, conditions, and notices contained in these Terms & Conditions must be agreed to and accepted without qualification or amendment in order to obtain the Service as defined below. By using the Service, you hereby agree in full to all terms and conditions of this Agreement. If you do not agree to these terms and conditions, then please do not access or use the Service.
If you begin the sign-up process but fail to complete the process, we may contact you in an effort to help you complete the process. You hereby authorise us to contact you in this circumstance even if you ultimately decide not to sign up to the Service.
In this Agreement the following terms shall have the following meanings unless the context requires otherwise:
Act: means the Communications Act 2003.
Agreement: means this document between us and you.
Application: means voipbusiness.com and any other websites, administration tools and/or software applications to be provided by us, or our authorised partners, to you.
Artificial Inflation of Traffic: means any situation where the Service experiences unusual call patterns that are disproportionate to the overall amount of usage as would reasonably be expected.
Business Day: means any day which is not a Saturday or Sunday or a public bank holiday in the United Kingdom.
Call: means a signal, message, voicemail or communication which can be silent, visual (including text and data) or spoken.
Caller: a person who ultimately uses the Service through the Customer.
Confidential Information: has the meaning set out in the confidentiality clause of this agreement.
Customer Information: means any information, including (without limitation) any routing destinations, images, audio, audio-visual, text or other information or content that relates to the Customer’s use of the Service.
Controller: has the meaning set out in GDPR.
Data Protection Legislation: in relation to any Personal Data which is Processed in the performance of this Agreement, the Data Protection Act 1998 and EU Data Protection Directive 95 / 46 / EC (prior to 25 May 2018), GDPR (on and after 25 May 2018), the Investigatory Powers Act 2016, Telecommunications (Lawful Business Practice), the Privacy and Electronic Communications Directive 2002 / 58 / EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003 / 2426), in each case together with all laws implementing or supplementing the same and any other applicable or equivalent data protection or privacy laws, and all other applicable law, regulations and codes of conduct relating to the processing of personal data and privacy, including the guidance and codes of practice issued by a relevant Supervisory Authority.
Data Subject: has the meaning set out in GDPR.
Emergency Call: means a Call from a Caller to the emergency services made by dialling 999 or 112.
GDPR: The General Data Protection Regulation (EU 2016/679).
Intellectual Property Rights: means all intellectual property rights (including without limitation, patents, trademarks, copyrights, designs, rights in databases, user data, rights in and to know-how and Confidential Information (in each case whether registered or unregistered)) and any and all applications for the same.
Insolvency Proceedings: means going into administration, administrative receivership, liquidation or receivership or becoming unable to pay debts as they fall due within the meaning of section 123 of the Insolvency Act 1986 or suffering any similar or analogous action in consequence of debt.
Inappropriate Content: any content that infringes any applicable laws, regulations or third party rights (such as, for example, material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights or the Act).
Network: means the network provided by us or any other third-party network supporting the Service.
Number: means any number specifically requested by or allocated to the Customer for the provision of the Service to Callers and includes VIP and International numbers.
International Number: means a Number outside of the United Kingdom which is available for international regions at an additional monthly charge to normal Numbers as published at www.voipbusiness.com/pricing/
Personal Data Breach: has the meaning set out in GDPR.
Premium Features: means any additional features and bolt-on extras you may add to your Service from time to time.
Processing and Process: have the meaning set out in GDPR.
Service: the service provided to you by us as described above.
Personal Data: has the meaning set out in GDPR (General Data Protection Regulation) and relates only to personal data, or any part of such personal data, in respect of which you are the Controller and in relation to which we are providing services under this Agreement.
Service Fee: means any charge in respect of the Service levied by us from time to time to you.
Software: any software used by us, or any party acting on our behalf in fulfilling its obligations under this Agreement or otherwise.
Special Categories of Personal Data: those categories of data listed in Article 9(1) GDPR.
Third Party Information: means information, audio, video, graphics, sound, music, photographs, software, data, databases, records, and any other materials (in whatever form) not owned or generated by or on behalf of the Customer, published or otherwise utilised or made available using the Service.
Users: means any user within your business who you authorise to use this Service.
Supervisory Authority: means (a) an independent public authority which is established by a Member State pursuant to Article 51 GDPR; and (b) any similar regulatory authority responsible for the enforcement of Data Protection Legislation.
Usage Rates: means the charges incurred by you calculated against the usage based pricing which can be found at www.voipbusiness.com/pricing/
VIP Number: means a Number available at an additional monthly charge to normal Numbers and it is purchased for a minimum period of 12-months in accordance with clause 5(VII).
Nature and purpose of the processing of Personal Data
In order that we can provide our Services to you in accordance with this Agreement
Subject matter of the Processing of Personal Data
For our provision of Services to you as our customer, as set out in this Agreement.
Duration of the Processing of Personal Data
The term of our contract with you in accordance with this Agreement, until we delete that data in accordance with this Agreement.
Categories of Personal Data being shared between you and us
Data relating to individuals provided to us by you or any person you authorise (or direct) to access or use the Services (or at your direction).
Types of Data Subject in respect of whom we Process Personal Data
The Data Subjects in respect of whom you use our Services and data is sent (or provided) to us through those Services, by you, at your direction or with your authorisation.
If either party is unable to perform any obligation under this Agreement because of a matter beyond that party’s reasonable control including, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, war, acts of terrorism, civil disorder, industrial disputes (whether or not involving employees of either party), breakdown of plant or machinery, default of suppliers or sub-contractors or acts of local or central government or other competent authorities, or events beyond the reasonable control of suppliers to either party, that party will have no liability to the other for that failure to perform.