|
||||||||||||||||
          |
||||||||||||||||
Terms and conditionsStandard Terms and Conditions of Use 1. Application These Conditions shall govern and be incorporated into the contract for the supply of the Service by StealthNET Limited "StealthNET" or "we") to you. 2. The Service 2.1 StealthNET will provide the Service subject to these Conditions. 2.2 Calls can only be made within to the destinations listed on the website using the correct access number for each destination. 2.3 By dialling the Access Number, you are requesting StealthNET to start the provision of the Service. Accordingly, you will not have the right to cancel your request once StealthNET has commenced the provision of the Service. 2.4 Before a Call is connected you are required to enter your PIN to identify your account. Your recording will then be stored within the Admin Area of the website, this is only accessible by entering your login details. 2.5 Recordings are stored for 60 days, commencing on the date that a Recording is made. Following the expiry of the storage period, we reserve the right to remove any recordings. If you wish to keep a permanent record of your recording, you are responsible for making a back up of the file using your own means. 3. Charges 3.1 Calls made using the Service to record the Call cost the amount specified on the ComplaintCopy.com website for each access number type used. Price are in pence per minute including VAT. The charges payable by you for your use of the Service shall be payable by you to the operator whose service you use to access the Service. 3.2 StealthNET reserves the right to vary the charges for the Service from time to time by giving notice on the Website. Revised charges will apply from the point they are posted on the Website. 4. Warranties and Liabilities 4.1 Subject to the remainder of these Conditions, StealthNET warrants that the Service shall be provided with reasonable care and skill. 4.2 The Service is provided by StealthNET and accepted by you "as is" and "as available". StealthNET cannot guarantee that the Service will be fault free, continuously available or available at any given time. StealthNET shall not be liable to you if you are unable to access the Service for any given period of time. The Service is dependent on you being able to make a telephone call via an operator that recognises the Access Number, so will not be available if you are unable to do so. 4.3 The Service should not be relied on in a business critical manner. StealthNET shall have no liability if the Service is used in a manner in breach of these Conditions. 4.4 The warranty given in Condition 4.1 is in lieu of all other warranties representations and conditions, express or implied, which are expressly excluded to the fullest extent permitted by law. 4.5 Subject to Condition 4.7, StealthNET shall not be liable to you for any form of special, indirect or consequential damages, loss of data, loss of goodwill, loss of profits, loss of turnover, costs or expenses. 4.6 Subject to Condition 4.7, in no event shall StealthNET's cumulative liability to you from all causes of action of any kind whether in contract or in tort in connection with the Service exceed the charge paid by you for the Call to which the liability relates. 4.7 Nothing in these Conditions shall be construed as limiting or excluding StealthNET's liability for death or personal injury caused by its or its employees' negligence. 4.8 You acknowledge and agree that the allocation of risk contained in this Condition 4 is reflected in the charges for the Service and is also a recognition of the fact that it is not within StealthNET's control how and for what purpose you use the Service. 4.9 Each provision of this Condition 4 excluding or limiting liability shall be construed separately. 5. Events beyond StealthNET's control StealthNET is not liable for any deficiency in the Service caused by something beyond its reasonable control including fire, environmental conditions, flood, national or local emergency, explosion, military operations, civil disorder, terrorism, vandalism, industrial disputes, acts of local or central government or other competent authorities or failure or unavailability of any telephone network. 6. Changes StealthNET may need to vary these Conditions from time to time. We will try to publish details of all changes on the Website before they take effect. This may not always be possible, for example if the changes are necessary to reflect changes in the law or regulatory requirements. 7. Compliance with Laws You will at all times comply with the provisions of all laws applicable to your use of the Service and any Recording, including without limitation the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Human Rights Act 1998 and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. In particular, you are solely responsible for giving the Called Party any necessary warning about the recording of a Call and the use that will be made of the Recording. StealthNET shall have no obligation to advise you upon compliance with any such laws. You shall indemnify and keep indemnified StealthNET from and against any liability arising from any claim that your use of the Service and/or a Recording breaches any law. 8. Privacy 8.1 StealthNET shall not itself or permit any person to access or listen to a Recording without your prior consent, unless it is required to do so by a court of competent jurisdiction or a body with the authority to compel StealthNET to do so. 8.2 For further details regarding StealthNET's privacy policy, please see our privacy page. 9. Complaints 9.1 If you have a complaint about the Service, then you should send details to PO Box 202, Great Yarmouth, NR31 7ZS. 9.2 We aim to resolve all complaints in a satisfactory manner. However, if you consider that your complaint has not been satisfactorily resolved within three months of the date of your complaint, you have the right to take your complaint to Otelo (the Office of the Telecommunications Ombudsman) which provides an alternative dispute resolution service. You can contact Otelo by telephoning 0845 050 1614 or completing the on-line complaint form available on Otelo's website at www.otelo.org.uk. 10. General 10.1 If any part of these Conditions is held to be invalid, illegal or unenforceable in any respect whether in whole or in part then such part shall be severed from the remainder of the Conditions which will continue to be valid and enforceable to the fullest extent permitted by law and such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the rest of these Conditions or the remainder of any part of the Condition affected. 10.2 Failure by StealthNET to exercise or delay in exercising any right or remedy shall not constitute a waiver of the right or any other rights or remedies and no single or partial exercise of any right or remedy shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. 10.3 Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of the United Kingdom and the parties submit to the nonexclusive jurisdiction of the courts of the United Kingdom. 10.4 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this Condition to the party giving the notice. By using the Service, you acknowledge that you have not relied on any warranty, representation, undertaking or agreement other than those contained or referred to in these Conditions. You waive any right or remedy you may have to claim damages or rescission for any misrepresentation in respect of any representation not contained in these Conditions or for breach of any warranty not contained in these Conditions and acknowledge that your only remedies against StealthNET are for breach of contract provided always that nothing in this Condition 10 shall exclude or limit StealthNET’s liability to you in respect of any fraudulent misrepresentation or warranty fraudulently given and upon which you can prove that you have placed reliance. Subject to the foregoing, these Conditions and the documents referred to in these Conditions constitute the entire agreement and understanding between the parties with respect to the Service. 11. Interpretation 11.1 In these Conditions the following terms and expressions shall have the following meanings:
11.2 Reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted. 11.3 Words denoting the singular number only include the plural and vice versa. 11.4 The headings in these Conditions are inserted for convenience only and do not affect their meaning. 11.5 Any reference to any of the parties hereunder includes their successors in title and permitted assigns. |
||||||||||||||||
|
