General Terms and Conditions

The general terms and conditions describe the rights and obligations of HoIP Connect (hereafter “HoIP”) and its Customers concerning the delivery, performance and use of the Products and Services provided by HoIP Connect a trading name of HoIP Telecom Ltd.

DEFINITIONS

1. Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer whether required by HoIP or the telecommunications operator of any Network that facilitates access to the Services. The Acceptable Use Policy is described below.
2. Account: The mobile telephone account registered or activated by a Customer that HoIP uses to provide the Products and Services to a Customer and to administer a Customer’s Personal Data.
3. Agreement: These general terms and conditions, the User Guide accompanying a HoIP Product and/or service, and the Charges published by HoIP, including any special offers. An Agreement is deemed made between a Customer and HoIP when a Customer registers or activates an Account, uses HoIP’s Top-Up Services or uses our Services, whichever occurs first, and we will provide access to the Network as soon as we can so that provision of the Services can start.
4. Charges: The tariffs applicable for the use of the Services, including any connection fees and special offers. The current tariffs are available at https://hoip-connect.uk/en/tarrif/
5. Customer: Any individual, company or partnership that registers or activates an Account with HoIP. In these general terms and conditions, the Customer is sometimes referred to as “you” or “your”.
   
   
6. Customer Services Department: The department of HoIP that you may contact for any enquiries about the Products or Services. You may contact the Customer Services Department in several ways: Email: sales@hoip-connect.uk
   
   Postal Address: HoIP Telecom Ltd, The Old Stable, Coombe Lane, Awbridge, Romsey, Hampshire SO51 0HN United Kingdom
7. Network: The telecommunications networks used by HoIP to provide the Services to you.
   
   
8. Personal Data: The personal information that you provide to HoIP or that HoIP generates, collects, uses, processes and stores about you while providing the Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you
   
   
9. Privacy Policy: The policy that describes how HoIP generates, collects, uses, processes and stores your Personal Data. The current Privacy Policy is available at https://hoip-connect.uk/en/privacy-policy/
   
   
10. Products: HoIP’s SIM Card and any other products offered by HoIP, including promotional products
11. Roaming Services: The mobile telephone services that uses multi networks inside the single country
12. Services: The mobile telephone services that HoIP provides to you, including voice calling, messaging and data services, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-Up Services, Roaming Services and the services provided by the Customer Services Department.
    
    
13. SIM Card: The prepaid, pre-activated card containing a microprocessor that allows you to access and use the Services by inserting the SIM Card into a compatible GSM mobile telephone
    
    
14. Top-Up Services: The services you may use to add credit to the balance of your Account, including the Top-Up Voucher, Online Top-Up and Auto Top-Up

OBLIGATION TO PROVIDE THE SERVICES

1. HoIP will provide the Services to you using the Networks of one or more telecommunications operators. Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable.
2. Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.
3. The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile telephone chosen and used by you.
4. The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. HoIP does not have any control over the contracts or service quality levels agreed between these telecommunications operators.
5. For the reasons described above, HoIP does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.
6. HoIP will endeavour to keep any disruption to the Services to a minimum; however HoIP will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above. Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.

SIM CARD

1. The SIM Card is used by inserting it into a compatible GSM mobile device. When the SIM Card has been inserted and you have registered or activated your Account, you will have access to, and be able to use, the Services.
2. The SIM Card remains the exclusive property of HoIP. You must retain the SIM Card and not lose or damage the SIM Card. HoIP will only replace a SIM Card where it is found to be defective by reason of faulty workmanship or design. HoIP may charge you for a replacement SIM Card where HoIP reasonably believes that you are responsible for the loss or damage of your original SIM Card or where someone has stolen your original SIM Card. It is your responsibility to promptly inform HoIP of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card. You agree that once you start using the Services or the Top-Up Services you will lose any right to cancel this Agreement under distance selling legislation.
3. If your account runs out of credit you will not be able to make or receive calls, if you do not top up your account immediately we reserve the right to de-activate your SIM.
4. If your SIM is not used for a period of six (6) months HoIP reserves the right to de-activate your SIM

TOP-UP SERVICES

1. The Services are prepaid services. You are required to Top Up in advance so your Account is in credit. As Charges are incurred they will be deducted from the amount credited to your Account. By default, No bill, invoice or statement will be issued to you. You may check your credit balance from time-to-time.
2. You pay for the Services by topping-up your Account using any one of the Top-Up Services available from HoIP. You may use the Top-Up Services at any time after registration or activation of your Account.
3. The credit balance in your Account may only be used for the Services. You are not entitled to receive any cash refund for any credit balance remaining in your Account at any time, including where you fail to use the Services and your SIM Card has been deactivated or where this Agreement has been terminated.
4. Interest is not payable on any credit balance in your Account. Each time you use the Services (or someone else uses your GSM mobile device) the credit balance in your Account will be reduced for the voice call, message or data you are making or sending according to the destination and the current Charges. Monthly rental charges may also be applied to your SIM.

ACCEPTABLE USE POLICY

1. You agree to use the SIM Card in a compatible GSM mobile device for the purpose of using the Services.
2. You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services:
   
   • Fraudulently or in connection with a criminal offence;
   • For the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful;
   • To knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person;
   • To make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative;
   • To transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property;
   • With equipment that is not approved for use with the Network, including, but not limited to, SIM-boxes and SIM-gateways;
   • To support calls to call forwarding services, onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services;
   • Otherwise than in line with the conditions of this Agreement.
3. If HoIP reasonably suspects that you have failed to comply with any of the provisions of this agreement, HoIP shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If HoIP terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number (MSISDN) could be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.
4. Upon activation of your SIM Card or the use of the Top-Up Services, you may be required to register your Personal Data with HoIP, such as your name, address, date of birth, credit card or debit card details. If HoIP determines that the Personal Data that you provide is false, HoIP shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If HoIP terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number (MSISDN) could be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

DATA PROTECTION AND PERSONAL DATA

1. HoIP will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations.
2. HoIP has implemented appropriate technical and organisational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.
3. By registering or activating an Account with HoIP, you consent to HoIP collecting, processing and sharing Personal Data provided by you or generated in the course of supplying the Services to you, including details of voice calls, messages or data that you have sent (“Traffic Data”) and the geographic position of your GSM mobile telephone (“Location Data”) for the purpose of:
   
   • Supplying the Products and Services to you,
   • The administration of your Account by the Customer Services Department,
   • Providing you with service information, for example about Network faults,
   • The prevention or detection of fraud,
   • Market research and profiling your usage and purchase preferences, and
   • Complying with applicable laws and regulations
4. For HoIP to perform its obligations under this Agreement, HoIP may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of HoIP. These third parties are permitted to use your data only in accordance with our instructions and the law.
5. HoIP may also need to transfer your Personal Data to third parties, for example our suppliers and service providers, in countries outside the European Economic Area.
6. HoIP may from time to time monitor or record your conversations with the Customer Services Department. This may be done for quality control purposes, to improve the Services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.
7. HoIP will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by HoIP upon your written request. HoIP may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify HoIP of any changes to any Personal Data provided by you to HoIP. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, HoIP will delete Personal Data upon your written request.

LIABILITY OF HoIP

1. HoIP does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.
2. HoIP is not responsible for damage or loss or inconvenience incurred by you and that results from the content of any voice call, message or data sent or received by you.
3. HoIP is not responsible for damage or loss or inconvenience incurred by you and that results from the involvement of a third party, including governmental, judicial or administrative bodies.
4. HoIP is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.
5. In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. HoIP will then be able to block the use of your SIM Card. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.
6. HoIP is not responsible for the failure of any retail outlet to properly activate your SIM Card or process any payment you made. In these cases, you should contact the retail outlet where you obtained your SIM Card and request a refund.
7. HoIP does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.
8. HoIP is not responsible for damage or loss or inconvenience incurred by you and that results from the content of any voice call, message or data sent or received by you.
9. HoIP is not responsible for damage or loss or inconvenience incurred by you and that results from the involvement of a third party, including governmental, judicial or administrative bodies.
10. HoIP is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.
11. HoIP is not responsible for the failure of any retail outlet to properly activate your SIM Card or process any payment you made. In these cases, you should contact the retail outlet where you obtained your SIM Card and request a refund.
12. You are advised that it is illegal to operate a mobile telephone while driving a motor vehicle, and acknowledge the inherent risk in the use of a mobile device while driving a motor vehicle. HoIP is not responsible for damage or loss or inconvenience incurred by you and that results from any accident caused by the use of a mobile device while driving a motor vehicle.
13. Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party’s negligence, liability arising under the Consumer Protection Act 1987 or the consequence of wilful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law.
14. The liability of HoIP to you under this Agreement shall be limited to a total maximum aggregate amount of £1,000.00 per claim or series of related claims.
15. If you incur any damage or loss or inconvenience, you must notify the Customer Services Department in writing of the claim as soon as possible and in any event within four (4) weeks after the discovery by you of the claim. Damage, loss or inconvenience that has not been reported in writing to the Customer Services Department within this four (4) week period shall not be compensated. This four (4) week period will not apply if you are using the Services as an individual consumer (and not in combination with a trade or business) and you could not have been reasonably expected to notify the Customer Services Department in writing within this period.
16. HoIP is not responsible for any damage or loss or inconvenience incurred by you, and will not be liable to provide the Products or Services, as a result of any reason outside the control of HoIP, including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as “force majeure”.

CHANGES TO THE AGREEMENT

1. HoIP reserves the right to change these terms and conditions for legal or regulatory reasons. We may also need to change these terms and conditions as a result of changes by our Network suppliers or for other technical or commercial reasons, such as changes to our Products and Services. We may also change our Charges or introduce new Charges. Changes to Charges will be reflected in our tariff table from time to time.
2. If a change will be materially detrimental to you, HoIP will give you at least one month’s notice via our web site. If you do not accept a change which is notified to you as materially detrimental then you can cancel this Agreement or cease using the Services or topping-up your Account. If you use the Services or top-up your Account after HoIP makes a change, then you are deemed to accept the change.
3. Please check our website regularly for any changes.

GENERAL PROVISIONS

1. This Agreement represents the entire agreement between HoIP and you in relation to the Products and Services. It takes precedence over all prior agreements (written and oral), and all representations or other communications between HoIP and you. The retail outlets are not authorised by us to amend this Agreement or to agree any terms which are inconsistent with these terms and conditions.
2. No term or condition of this Agreement is enforceable by any third party (a person who is not a party to this Agreement) under the Contracts (Rights of Third Parties) Act, 1999.
3. Failure or delay by either HoIP or the Customer to enforce any right under this Agreement shall not prevent HoIP or the Customer (as the case may be) from taking further action.
4. If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.
5. HoIP is entitled to assign all of its rights and obligations under this Agreement to a third party. You are entitled to assign all of your rights and obligations under this Agreement to a third party with the written consent of HoIP. This Agreement is governed by English law and the English courts will have exclusive jurisdiction over any dispute under this Agreement.