Piatel.co.uk - User Agreement

User Agreement
This web page is a legal document ("Agreement") between you ("the SUBSCRIBER") and PiaTel Communications Ltd ("PiaTel"). This Agreement states the terms and conditions under which you may use this web site and any PiaTel Services.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH YOUR SUBSCRIPTION.

TERMS AND CONDITIONS:
By subscribing to and utilizing PiaTel Services, you are deemed to have agreed to and be bound by the following Terms and Conditions of this Agreement:

Definitions
"Service" or "Services" means any and all services provided by PiaTel to you, including but not limited to, voice mail, fax mail, e-mail, Follow-Me, conference calling, local, national and international telephone services, The Virtual Merchant, PiaCard and any additional offerings by PiaTel utilised by you.

Right to Change Terms and Conditions
You agree that PiaTel may change these Terms and Conditions or its rates for any or all portions of the Services at any time upon ten (10) days prior notice. You agree that PiaTel may give you notice of such changes by posting such changes within the PiaTel web site http://www.PiaTel.co.uk or by e-mail or by conventional mail (based on the address provided by you when you subscribed), that the ten (10) day time period begins to run when the notice is given, and that, by continuing to use the Services after the effective date of such changes, you agree to be bound by any such modified Terms and Conditions of the Services.

Billing and Payment
You agree to pay PiaTel all rates and charges. A subscription to the Service may require a credit or debit card number. By providing your credit or debit card information, you grant PiaTel authorisation to submit charges to that credit card number or to debit your bank account for your use of the Service. The rates per term for Services are charged in advance of the upcoming term of service. All usage charges will be billed based on actual usage, as provided, in pre-determined increments. Any other applicable charges (set up fee, VAT, over the limit charges, chargebacks, others) will also be billed to you. Where VAT must be paid we have included it at the standard 17.5% rate. You agree that we shall provide you with an electronic modified VAT invoice showing the total amount due and the amount of VAT payable. All electronic VAT invoices are available by accessing your on-line account. You acknowledge that the amount charged by PiaTel may vary based on your usage of the Services. Any unpaid charges after 30 days will be subject to a monthly service fee of 1.5% of the outstanding balance, or the maximum legally allowable interest rate. If charges applied to your credit card or bank account is rejected PiaTel reserves the right to assess a processing fee.

Monthly Fees and Prepaid Calling Time
You acknowledge and agree that your Service will remain "AS IS" and will not be upgraded or downgraded during any monthly term of service. Upon payment of the Monthly Fee, whether for the initial month of Service or for renewal months, PiaTel will not refund any portion of the Monthly Fee for any reason. You agree that changes will not be made to your account until the end of your next month of service. PiaTel will automatically bill you in full for a renewal month of service if you do not request a different billing option or cancel your Service. In addition to the up-front Monthly Fee, your usage charges will be deducted from the credit card or debit card you provided us and/or your Prepaid Calling Time Balance as they occur. PiaTel will not refund any portion of the Prepaid Calling Time; you are however welcome to use up all Prepaid Calling Time in your account as payment for telephone calls and/or any other services provided by PiaTel.

Virtual Merchant
The Virtual Merchant cost nothing to set up. You only pay a transaction cost when you use the service. We charge a transaction fee for which we agree in advance before using, of anywhere between 3-5% of the value of the transaction. The intial rate may be reduce once we have established a good business relationship with you. Please note that you will be responsible for all chargebacks to your account. Because the sale of your product or service is between you and your customer, it is up to you to resolve any disputes. If unresolved, you will be liable to make good for the chargeback. (i.e. pay back the money equivalent to the chargeback).

Statements
You will have access to a Statement of Account for each month that you incur charges, on the Internet, detailing your usage during that month. The Statement is not a bill. Charge totals on your Statement may not agree with charges shown on your credit card or bank statement due to differences in statement cut-off dates. Unless you notify PiaTel of any dispute regarding your Statement within forty-five (45) days after the date the Statement was made available to you, the charges on the Statement will be deemed to be accepted by you for all purposes, including resolution of any inquiries made by your credit or debit card issuer, if applicable.

Fraudulent and Abusive Use of the Services
PiaTel helps protect you against fraudulent use of your Services with private user names and passwords, credit and debit card verification upon sign up and daily and monthly usage limits. You are responsible for controlling access to and maintaining the security of your user name and password. You shall notify PiaTel of any user names and passwords which are lost, stolen or suspected of being used fraudulently, in writing, via email or fax. You agree you will be liable for all charges incurred prior to and within one business day after you notify PiaTel's Customer Relations, in writing or via email or fax, to deactivate suspect user names and passwords. You agree to not engage in or assist others in fraudulent or abusive use of the Services.

Cancellation
The Services will remain in full force until cancelled by either party. PiaTel may suspend, interrupt, or cancel your service at any time (i) without notice for non-payment, for any reason, which in PiaTel's judgment may preclude it from receiving payment, or for any violation by you of these Terms and Conditions; or (ii) with notice for any reason, with or without cause. If you wish to cancel, please access the PiaTel website and email your cancellation request to PiaTel as directed on the ‘Contact Us’ Page. After any cancellation, you agree PiaTel has authorization to initiate a charge if there is an outstanding balance. PiaTel will not refund a prorated portion of monthly service fees or prepaid calling time in the event that you cancel Service part way through the month. Subsequent reinstatements of Service after cancellation may be subject to a Service reinstatement fee, at PiaTel's discretion.

Indemnification and Release
You agree to indemnify and hold harmless PiaTel and its directors, officers, affiliates, employees, agents, suppliers, subcontractors, and vendors from any damages, losses, obligations, liabilities, claims and expenses (including reasonable legal fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever, sustained, incurred or required to be paid by PiaTel by reason of or arising out of, directly or indirectly, your use of the Services, or the use of your Service account by another (whether or not authorized by you), including without limitation, any claim of libel, defamation, violation of rights of privacy or publicity. PiaTel reserves the right to assume the exclusive defence and control of any such claim subject to indemnification, but, notwithstanding PiaTel's control of the defence of such claim, you will remain obligated under this indemnity.

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Disclaimer of Warranty
You acknowledge and agree that PiaTel has not made, and does not make, any warranty or guarantee with respect to the Service, whether express or implied, and that the Service is offered to you "AS IS" and "AS AVAILABLE". Without limitation of the foregoing, PiaTel makes no warranty that the Service (i) is merchantable, (ii) is fit for a particular purpose, (iii) is or will operate "error-free", or (iv) is non-infringing of the rights of any third party. You acknowledge and agree that PiaTel cannot and does not guarantee (i) that the Service will be available at all times, (ii) that voice mail, fax mail or e-mail messages or other services will be delivered or received within a particular time, or will be transmitted accurately, (iii) that voice mail, fax mail or e-mail messages will be stored for any particular time, or (iv) that each and every country will be accessible through its access numbers. You acknowledge and agree (i) that PiaTel cannot and does not guarantee, and assumes no liability for, the security or confidentiality of data transmitted to or from the Service, (ii) that no computer system is immune from intrusion, (iii) that data transmitted to or from the Service may pass through many computer systems, and (iv) even encrypted data is only as secure as the encryption method used to protect it and may not offer complete security.

Limitation of Liability
YOU AGREE THAT PIATEL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSSES, LOST PROFITS, OBLIGATIONS, LIABILITIES, CLAIMS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND OTHER COSTS AND EXPENSES OF ANY SUIT, ACTION, INVESTIGATION, CLAIM, OR PROCEEDING) OF ANY KIND WHATSOEVER (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SUSTAINED OR INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE OR THE USE OF YOUR SERVICE ACCOUNT BY ANOTHER (WHETHER OR NOT AUTHORIZED BY YOU), INCLUDING THE LOSS, DELAY OR INACCURACY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE OR SERVICE, ANY LOSS OF CONFIDENTIALITY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE INTENDED TO BE CONFIDENTIAL, OR AS A RESULT OF ANY SUSPENSION, INTERRUPTION OR CANCELLATION OF SERVICE (EVEN IF PIATEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL THE AGGREGATE LIABILITY OF PIATEL FOR ANY AND ALL CLAIMS (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO PIATEL FOR SERVICE RENDERED IN THE MOST RECENT BILLING PERIOD.

Cooperation with Law Enforcement Agencies and Others: Access by PiaTel
You agree that PiaTel may cooperate with law enforcement authorities and/or injured third parties in the investigation of any suspected crime or civil wrong attempted or perpetrated by using, or attempting to use, the Service. You agree that it may be necessary for PiaTel to examine any and all portions of the Service including, without limitation, accessing your PiaTel, your PiaCard account or any other account you maintain with PiaTel to cooperate in such investigations and also to resolve system problems or mail system errors, and you hereby consent to such examination.

Copyright/Trademarks
The trademarks, logos, graphic symbols and service marks displayed on Service materials as well as the works of authorship contained in the domain website "PiaTel.co.uk", including but not limited to all design, text and images, are the property of PiaTel Communications Ltd ("PiaTel"), its affiliates and other related parties. They may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of PiaTel or such third party, which may own them. Use of confusingly similar or disparaging terms is a violation of our intellectual property rights. You agree that the Service, and all programs, services, processes, technologies, designs, inventions, materials and software used by PiaTel for or in connection with the Service are owned by and/or are proprietary to PiaTel, and you agree not to duplicate, or attempt to duplicate, such Service, or provide any similar service, in whole or in part, directly or indirectly, alone or in cooperation with others; or to translate, reverse engineer, disassemble or decompile any software used or owned by PiaTel for or in connection with the Services.

Compliance with Laws
Your Service account may only be used for lawful purposes. You agree that your access to and your use of your Service account is subject to all applicable UK and European laws and regulations. PiaTel reserves the right to identify and restrict same or substantially similar electronic mail messages, and faxes, whether or not commercial, to a large number of recipients (sometimes known as spamming). Because PiaTel has no practical ability to restrict all conduct, communications or content which might violate these Terms and Conditions prior to its transmission on PiaTel's systems, and because PiaTel cannot ensure prompt removal of any such communications or content after transmission or posting, PiaTel does not assume liability to you or others for any failure to enforce the terms of these Terms and Conditions. This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. These Courts will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. PiaTel reserves the right to make changes to its website and these disclaimers, terms and conditions at any time.

Disputes and Complaints Resolution
Any dispute arising out or related to these Terms and Conditions or the use of the service by you (or by another person using your account, with or without your permission) shall be submitted to binding arbitration before the Office of the Telecommunications Ombudsman. These Terms, Conditions, and applicable law will bind the arbitrator, and the decision of the arbitrator will be binding on PiaTel and you.

General
If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.

You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent.

Electronic Commerce (EC Directive) Regulations 2002
The following information is required by the Electronic Commerce (EC Directive).

www.PiaTel.co.uk is provided by PiaTel Communications Limited of 324 - 326 Regent Street, London WIB 3HH.

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