Terms
1. Introduction
Please read the following terms and conditions for using the ComsCall (‘Coms’) service (the ‘Services’).
By using the Services, you agree to be bound by the following terms and conditions (the "Conditions of Use") and acknowledge that we provide the Services to you on these terms.
You must accept the Conditions of Use as a condition of you using the Services. If you do not accept the Conditions of Use then you must not use the Services. You acknowledge that use of the Services will be deemed to be an acceptance by you of the Conditions of Use.
As the Services are made immediately available to you with your agreement, you acknowledge that you have no right to cancel your order for the Services under the Consumer Protection (Distance Selling) Regulations 2000.
2. General
2.1 Any calls using our numbers will be billed by your telephone line or mobile provider at their appropriate 0844 and 0871 rates. Prices quoted are from a BT landline and are pence per minute, Prices and availability may vary from other networks.
2.2 Calls are charged from time of connection to the Services.
2.3 . We reserve the right to change any access number and charges relating to the numbers from time to time with a notice of such change being posted at www.comscall.com
2.4 Occasionally, for operational reasons, Coms may have to interrupt the Services. Coms will restore the interrupted Services as quickly as possible.
2.5 Should you require customer service, please contact our customer service team via email to support at comscall.com (where 'at' has to be replaced by @ for anti-spam reasons).
3. User Obligations
3.1 Prior to using the Services, you must first obtain permission to do so from the person paying the bill for the telephone or mobile from which you access the Services. By using the Services, you confirm that you have obtained such permission.
3.2 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 or its employees, associates or affiliates in any way.
3.3 The Service must not be used for purposes which, in our opinion, are not in keeping with those reasonably expected for personal use.
4. Refunds Policy
ComsCall does not provide refunds for telecommunications services.
5. Matters beyond Coms 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).
6. Intellectual Property
Coms alone (and its suppliers, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Coms Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the Coms Technology or the Intellectual Property Rights owned by Coms. The Coms name, the logo, and the product names associated with the Services are trademarks of Coms, and no right or license is granted to use them.
7. Liability and Indemnity
To the extent permitted by law, neither Coms nor any person associated with Coms shall be liable for any loss resulting from use of the Services or otherwise in the providing or failing to provide the Services.
You shall indemnify and keep Coms indemnified against all actions, claims, losses, costs (including all legal costs), damages and expenses that are suffered or incurred by Coms 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.
8. 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 may assign the benefit of this agreement to any third party. You may not assign your rights under this agreement.
4. Contract Changes: Coms may amend these terms and conditions from time to time, which notice to you may be posted on www.comscall.com.
5. Notices. If the parties need to write to each other they must do so as follows:
To Coms by email at support at comscall.com (where 'at' has to be replaced by @ for anti-spam reasons) or by post to the address given below. All customer queries will be answered within 48 hours.
9. Definitions
"Content" means the documents, software, layout, logs, marks and other elements of the Services 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.
"Privacy Policy" means the Privacy Policy on the Coms web site.
"Service" means the Coms International access number 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.
