1. DEFINITIONS
"We, Us, Our or City Numbers" means City Numbers
Limited.
"Service" means the products and services you have
requested from us on our order form.
"You" means the customer with whom we make
this agreement (or any person that we reasonably
believe is authorised to act on the customer's
behalf).
"The Telecommunications Act" means the
Telecommunications Act 1984.
2. START OF THIS AGREEMENT
This agreement shall take effect from the date on
which the service was made available to you.
3. SERVICE
This agreement covers the provision by City Numbers of
our services as indicated on the accepted web order or telephone
order.
We will use every reasonable means to provide our
services within our agreed delivery dates and also ongoing
connectivity and availability to our services
but will not be liable for any failure or limits in the
availability of our service where these result from
factors outside of our control or where our service is
dependent upon third parties or other network
carriers.
Where our service has been continuously unavailable
for more than 10 days and not due to any act or non cooperation
on your part or any event beyond our
control you may apply for a reimbursement of any
service rental for the said period up to a maximum of
1 month's rental.
4. EQUIPMENT AND SERVICE
You agree to: Use the services in accordance with
the Telecommunications Act and any relevant
licences; Use the service only as a means of
communications for which they are provided; Ensure
that your equipment conforms to the standards
required under the Telecommunications Act, is in
good working order, and safe to our reasonable
satisfaction; Inform us of any change, or proposed
change in your address, Email address, telephone or
fax numbers.
You agree not to: Connect any equipment other
than those approved for use with the services we
have provided under the Telecommunications Act;
Contravene the Telecommunications Act or any
relevant licences or laws; Use the service as a
means of transmitting any material that is
defamatory, offensive, or of an abusive, obscene, or
menacing nature; Make any transfer of the
agreement or any rights under it; Move the
equipment; Act in such away as to impair or
jeopardise the operation of our service.
5. TERM & ENDING THIS AGREEMENT
The initial term of this agreement shall be as
specified on the order form, after this period it shall
continue on an annual basis unless
terminated by either party giving to the other no less
than 30 days prior written notice.
6. PROVISION OF SERVICES AND WARRANTIES
6.1. City Numbers cannot provide a fault free service.
City Numbers gives no warranty that its network or
Services shall be continuous, or will be free from
faults. City Numbers will, however, take steps to
ensure its network and services are reasonably
fault free, and that service is reasonably uninterrupted.
6.2. In addition to clause 6.1, City Numbers gives no
warranty or guarantee that the service is satisfactory
or suitable for the Customer s purposes. All
warranties relating to the service from City Numbers are
excluded, even if implied by statute.
6.3. The parties acknowledge that no representations,
warranties or statements made prior to concluding
this Agreement forms any part of the contract,
nor has induced either party.
6.4. The Customer acknowledges that:
6.4.1. No representation, warranty or statement
other that detailed in this Agreement, forms any
part of a Contract, nor has induced the Customer
to use City Numbers.
6.4.2. The service provided by City Numbers was not
designed for the Customer s individual requirements,
and it is up to the Customer to decide if the service
provided by City Numbers is of satisfactory quality and
fit for the purpose for which it is used.
6.4.3. City Numbers is reliant on a third party for delivery
of inbound calls, and therefore City Numbers can have no
liability of whatever nature for any delay in provision
of the same or for concerning the use of the service
by the Customer, moreover City Numbers makes no
warranty that its network or services shall be
continuous, or will be free from faults.
7. CHARGES AND PAYMENT
Unless we indicate otherwise, all charges are quoted
without VAT and any other taxes of a similar nature,
which shall be charged and payable by you at the
prevailing rate.
You agree to pay your bill within 14 days of the date
of issue.
Please note that usage charges in our bills will be
calculated using data recorded by us and not from
any data you record yourself.
We will bill you on a monthly basis with rental
charges invoiced monthly in advance.
Where collection of invoices are made through
direct debit a charge of £5 may be applied to the
account where the transaction is cancelled by the
banking or direct debit agencies.
For outstanding invoices older that 30 days we
reserve the right to charge interest on the debt at a
rate of 3% above the Bank of England base rate.
Where invoices are not settled within the 14 days
we reserve the right to suspend your service without
notice.
We will endeavour to notify you within 30 days of any increases in our charges and rentals.
8. SUSPENDING THE SERVICE
We may suspend our service to you if:
a.) You break the terms of this agreement;
b.) We are instructed to do so by an authorised
Government agency, emergency service
organisation, or other authorised organisation.
Under these circumstances:
a.) We will endeavour to give you 14 days written
notice.
b.) We are not liable to pay you compensation and
you may be charged for any reasonable costs and
expenses we incur in suspending the service.
c.) Any agreed reconnection of our service due to
non-payment will be subject to a £50 reconnection
fee.
9. RESPONSIBILITIES
This agreement shall operate in accordance with the
laws of England and Wales, and both parties submit
to the jurisdiction of the English courts.
In the event that the services we agree to provide
fail and you have to use the services of another
organisation we will not be responsible for any
charges that the other organisation should make.
Nothing in this contract will exclude or restrict
City Numbers's liability for death or personal injury
resulting from the negligence of City Numbers or of its
employees while acting in the course of their
employment.
Each party's liability to the other shall be limited to
£500,000 for any one incident or series of incidents and
to no more than £1,000,000 in total.
Neither party shall be responsible for any loss of
business, contracts, anticipated savings, profits, or
any other indirect or consequential loss of the other.
Neither party shall be liable to the other for any loss or
damage that occurs outside of its reasonable
control. This includes: acts of God, inclement
weather, floods, droughts, lightning damage or fires,
failure or shortage of power supplies, lock-outs, trade
disputes and labour disturbances, the non production
or supply of services by third parties, and any acts or
omissions of Governments, highways authorities,
other telecommunications operators, or other
competent organisations.
10. CONSEQUENCIES OF TERMINATION
You can cancel an order without charge within 48
hours of placing an order. After this, services can be
terminated any time after the initial contract period,
by giving 30 days prior written notice. If services
are terminated within the initial contract term, all
associated rentals for the remaining months of the
initial contract period are payable.
11. INTELLECTUAL PROPERTY
You agree that for the duration of this agreement
you will not use or distribute any of our group logos,
names, trademarks or other proprietary marks without
our written permission.
12. DATA PROTECTION
In recognition of the Data Protection Act 1998 we
will need to process Personal Data in order to provide
and to support our service to you, not only within the
UK but also outside of the European Economic Area
and to third parties, suppliers, partners and other
network carriers.
You agree that we may use data to direct market our services to you by any medium and notify us in writing where you do not want us to undertake such activity.
We will take every reasonable means to ensure that Personal Data is kept secure within our premises and on our operational systems.
13. NUMBER RESTRICTIONS
The following restrictions apply to numbers delivered
From the below countries:-
ARGENTINA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
AUSTRALIA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
BELGIUM
Legal Restriction(s):
Local Belgian address required for geographical numbers
Geographical numbers cannot be resold by non licensed companies
Service Restriction(s):
No Restrictions
BRAZIL
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
BULGARIA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
CANADA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
CHILE
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
CYPRUS
Legal Restriction(s):
Cannot be used for calling card applications
Service Restriction(s):
Tollfree numbers are not reachable from payphones.
CZECH REPUBLIC
Legal Restriction(s):
Local Czech address required for geographical numbers
Cannot be used for calling-card applications
822 and 800 numbers can be reached by any phones except mobile
Service Restriction(s):
No Restrictions
DENMARK
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
ESTONIA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
FINLAND
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
FRANCE
Legal Restriction(s):
Local address required for geographical numbers
Geographical numbers cannot be resold by non licensed companies
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
GERMANY
Legal Restriction(s):
Local German address (in the city ordered) required for geographical numbers
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
GUATEMALA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No guaranteed reachability of the local numbers from outside of Guatemala, depending on the termination carrier used for dialing the numbers.
HUNGARY
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
IRELAND
Legal Restriction(s):
Local Irish address required for geographical numbers
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
ISRAEL
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
ITALY
Legal Restriction(s):
Local address required for geographical numbers
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
JAPAN
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
LATVIA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
LITHUANIA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
LUXEMBOURG
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
Tollfree numbers are not reachable from payphones and mobile phones.
MEXICO
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
NETHERLANDS
Legal Restriction(s):
Local address required for geographical numbers
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
NEW ZEALAND
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
NORWAY
Legal Restriction(s):
Local address required for geographical numbers.
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
PAKISTAN
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
DTMF not supported
Due to the telecommunications environment in Pakistan, no SLA will be enforced for Pakistan local numbers.
POLAND
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
PORTUGAL
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
ROMANIA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
021 numbers are only reachable from the Romtelecom network right now.
031 numbers do not have this restriction
SLOVAKIA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
Tollfree numbers are not reachable from mobile phones.
SLOVENIA
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
SPAIN
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
Numbers which will be used with the Trunk Program have to be communicated to City Numbers.
SWEDEN
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
SWITZERLAND
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
TURKEY
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
Cannot be used with the Trunk Program.
UNITED KINGDOM
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restriction
UNITED STATES
Legal Restriction(s):
Cannot be used for calling-card applications
Service Restriction(s):
No Restrictions
14. CONFIDENTIALITY
You agree to keep any named confidential
information or data supplied by us in confidence and
only use such information to perform the obligations
of this agreement.
15. OTHER
Our registered office details are:
Our Code of Conduct can be found on our website:
www.citynumbers.co.uk