UKCalls Service from Loudmouth

These are the Terms and Conditions between you, Virgin Media and Loudmouth which you agreed to in the registration process for Loudmouth's UKCalls Service. These Terms and Conditions may be amended by us and/or Loudmouth from time to time. It is your responsibility to be aware of such changes, which will take effect when posted on this Site.

These Terms and Conditions apply in addition to the Broadband Terms and Conditions which continue to apply to your Broadband Service and should be read in conjunction with these terms.

Important information: The UKCalls Service is provided to you by Loudmouth. However, you will be billed for the UKCalls Service via your normal Virgin Media bill and Virgin Media will provide you with Customer Support.

Read the Sales and Marketing Code of Practice.

A. Definitions

  1. "Charges" means any or all charges to you payable to Virgin Media Payments in respect of the UKCalls Service, Customer Support and/or any other charges, as listed at http://www.virgin.net/allyours/talk/loudmouth.
  2. "CPS" or "Carrier Pre-Select" means the method used to allow Loudmouth to become the carrier of your telephone calls over your existing BT telephone line. You must continue to pay your line rental to BT.
  3. "Customer Service Site" means the website which provides you with information on your UKCalls Service and your account details.
  4. "Customer Support" means support provided by the Virgin Media call centre.
  5. "Internet" means the global data network comprising interconnected networks using Transmission Control Protocol/Internet Protocol.
  6. "Loudmouth" means Loudmouth, the provider of the UKCalls Service. Loudmouth is a division of Virgin Media.
  7. "Premises" means the residential address you are asked for during registration (i.e. the address to which your BT phone line is provided), and at which we agree to provide you with the UKCalls Service. We do not need to visit your Premises at any time.
  8. "Service Announcements" means email bulletins and other correspondence which contain important information on the provision or price of the UKCalls Service, changes in the Terms and Conditions applicable to the UKCalls Service, changes in the nature of the UKCalls Service or any information which may affect your ability to use the UKCalls Service.
  9. "Site(s)" means the website located at www.virginmedia.com and any other websites associated with the UKCalls Service.
  10. "Target Activation Date" means the date when Loudmouth will endeavour to activate CPS on your telephone line, which will normally be 10 to 14 days after you have received confirmation from Virgin Media. The Target Activation Date is a target only and we do not guarantee that CPS will be activated on the Target Activation Date.
  11. "UKCalls Service" means the UKCalls Service provided by Loudmouth using Carrier Pre-Select and, where applicable, any additional services and facilities provided by us to you in connection with the UKCalls Service.
  12. "Virgin Media" or "we" means Virgin Media Ltd, the company registered in England and Wales under Company Number 2591237 whose registered office is at Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP.
  13. "Virgin Media Payments" means Virgin Media Payments Ltd, the company registered in England and Wales under company number 6024812, whose registered office is at Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP.
  14. "National Broadband service" means the service whereby you may gain direct high speed access to the Internet via your BT phone line using ADSL (Asymmetric Digital Subscriber Line) technology, whilst retaining the ability to make telephone voice calls simultaneously.
  15. "You" means you, the person entering into this agreement with Virgin Media, Virgin Media Payments, and "your" shall be interpreted accordingly.

B. Service activation

  1. Availability: Availability and activation of the UKCalls Service is subject to survey and to completion of a satisfactory credit check, more details of which are set out in section B.2 below. We will send confirmation or otherwise by email prior to activation. If confirmed, the activation will proceed automatically. The confirmation email will contain your Target Activation Date.
  2. Credit Checks: In assessing your application and to prevent fraud, we may search the files of credit reference agencies and fraud detection agencies which may keep a record of that search. Details of how you conduct your account may also be disclosed to such agencies. Please note that acceptance for the National Broadband service does not guarantee acceptance for the UKCalls Service.
  3. Failure to Activate: If we are unable to activate your UKCalls Service for any reason, you will not incur any Charges for the UKCalls Service.

C. Conditions of use

The UKCalls Service is provided on the following terms:

  1. Residential Use and Authority: The UKCalls Service is provided exclusively for use by residential customers and may not be used for business use. You confirm that you are authorised to enter into this contract for telephone services at your Premises and on the phone number you have provided during registration.
  2. Changing Telephony Provider: We can only provide the UKCalls Service over a standard BT residential line. We cannot continue to provide the UKCalls Service to you if you choose to terminate your telephone line rental with BT. Similarly, if your telephone line rental service is suspended or cut off by BT, we will be unable to provide you with the UKCalls Service. In the event that your telephone line rental service is suspended or terminated or if you change CPS service provider, it is your responsibility to cancel the UKCalls Service. If you do not cancel the UKCalls Service, the Charges will continue to be payable by you. The cancellation terms set out in clause H apply.
  3. Carrier Pre-Select: Virgin Media will arrange with BT for CPS to be applied to your telephone line and we will send you a letter confirming the date of switchover (the CPS switchover period). Your telephone number will not change. In the unlikely event that CPS is not available on your telephone line or if we receive notification that CPS has been cancelled, we reserve the right to terminate your UKCalls Service by giving you notice in writing or we may continue to provide the UKCalls Service via alternative means (i.e. you will be required to dial the prefix 1263 in order to make calls via the UKCalls Service). If you make calls without using CPS or dialling the prefix, those calls will be made using BT's or another service provider's network and will be charged to you by BT or such other service provider. Neither Virgin Media nor Virgin Media Payments accepts any liability for these call charges.
  4. Changing Broadband Provider: The UKCalls Service is only available to National Broadband customers. You must continue to be a National Broadband customer to receive the UKCalls Service.
  5. Moving Premises: This agreement covers provision of the UKCalls Service to your current Premises and to the phone number you have provided during registration. If you move from the Premises, it is your responsibility to notify us in advance, in order for us to try to arrange to change your UKCalls Service to your new premises. Provision of the UKCalls Service at your new premises is subject to survey. Details of what to do when you change premises can be found in the Customer Services Site.
  6. Maintenance and Repairs: We may need to temporarily suspend the UKCalls Service for repairs or planned maintenance and upgrades. Where this occurs, we will give you as much notice as is reasonably possible in the circumstances. We cannot guarantee that the UKCalls Service will never be faulty, however we will respond to all reported faults as soon as is reasonably possible.
  7. Service Announcements: Virgin Media reserves the right to email Service Announcements to all Customers.

D. Virgin Media's obligations

We will:

  1. arrange for CPS to be activated on your phone line to automatically route your calls via the UKCalls Service. You do not need to contact BT;
  2. if your application is successful and subject to clause B, provide you with the UKCalls Service. Prior to activation of CPS, you may dial the prefix 1263 before the telephone number you are calling in order to route your calls via the UKCalls Service;
  3. provide high standards of Customer Support seven days a week, 365 days a year;
  4. handle any personal information you might supply to us when you use the UKCalls Service in accordance with the Virgin Media Privacy Policy, which is hereby incorporated into this agreement.

E. Your obligations

You will pay on demand the Charges to Virgin Media Payments. You acknowledge that Virgin Media Payments will not necessarily collect these Charges on the same day of each month. The Charges consist of any published activation fee (one-off payment), the published monthly rental or fixed charge, additional usage charges (e.g. pence per minute call charges and call connection charges), any cancellation charge and any other additional charges for additional services you take from Virgin Media.

F. Acceptable Use Policy

When using the UKCalls Service or accessing the Site, you will not:

  1. commit or encourage a criminal offence or use the UKCalls Service for any unlawful, fraudulent or improper purpose;
  2. use the UKCalls Service to cause offence, annoyance, inconvenience or needless anxiety to subscribers or others;
  3. use the UKCalls Service so as to infringe upon the rights of any other person whether in statute or common law;
  4. use the UKCalls Service other than for your personal residential use, and you acknowledge that Virgin Media shall not in any way whatsoever be liable to you or to any third party for any business losses (including without limitation any loss of profits, business or anticipated savings or for any destruction of data) suffered in anyway whatsoever by you or any third party;
  5. use the UKCalls Service in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful;
  6. use the UKCalls Service in any way which, in Virgin Media's opinion, is, or is likely to be, detrimental to the provision of the UKCalls Service to any other Virgin Media customer;
  7. directly or indirectly act or omit to act in any way which may infringe, damage or endanger any intellectual property rights (or any goodwill attaching thereto) which may now or in the future subsist in any part of the world of us or any third party;
  8. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  9. permit any third party to do any of the above.

G. Payment

  1. For any and all Charges payable to Virgin Media Payments you will:
    1. pay via Direct Debit or with a UK debit/credit card registered in your name;
    2. not use an invalid or false bank account, credit card or debit card or an out of date debit/credit card;
    3. ensure that there are sufficient funds available in your account registered with us to pay for services charged by Virgin Media and/or Virgin Media Payments to you;
    4. refund to Virgin Media and/or Virgin Media Payments the cost of collecting outstanding payments owed or charges incurred due to failed or referred transaction(s); and
    5. immediately notify Virgin Media by telephone, post, or email of changes to your credit/debit card details.
  2. Virgin Media and/or Virgin Media Payments:
    1. reserves the right to claim from you any outstanding Charges;
    2. will not be able to issue business invoices; and
    3. reserves the right to increase or decrease fees from time to time. Details of any increase in Charges will be communicated to you by post or email in advance. Your right to cancel the UKCalls Service shall apply as set out in clause H.

H. Cancellations and refunds

Cancellation refers to the cancellation of the UKCalls Service only. Cancellation of your Broadband Service is subject to the Broadband Terms and Conditions, however, cancellation of your Broadband Service will automatically cancel your UKCalls Service.

  1. Pre-activation date:By law, you have the right to cancel this agreement within seven working days of entering into it (the "cooling off period"). In the event of cancellation during the cooling off period, this agreement is treated as if it had not been made. However, please be aware that you will lose your right to cancel under this clause during the cooling off period once we have commenced activation of the UKCalls Service or you use the UKCalls Service, whichever is the earlier.
  2. Post-activation date:If you wish to cancel your UKCalls Service after activation ("Account Cancellation") you must notify the Virgin Media cancellation team by telephone (the "Notification"). The telephone number for cancellations can be found at https://national.virginmedia.com/cancellation/number. To access the number you will need to log in using your Virgin Media email address and password. You acknowledge that cancellation of your UKCalls Service shall only be valid if notified to Virgin Media in this manner. Except for cancellations made under clause H.1 above, any and all cancellations shall be effective on the Effective Cancellation Date. The "Effective Cancellation Date" is thirty days after the day on which Virgin Media receives the Notification and you will be charged for the UKCalls Service during this period. If you change your mind and want to retain your UKCalls Service you can reverse the cancellation without interruption to the UKCalls Service and without incurring any additional Charges up until 20 days after you provided us with your cancellation notice by calling Customer Support.
  3. Effect of Account Cancellation:You shall be responsible for all Charges relating to your account up until the Effective Cancellation Date.

I. Termination

  1. Virgin Media may terminate this agreement and the UKCalls Service or may suspend all or a part of the UKCalls Service by immediate notice, if you are in breach of any of the terms of this agreement.
  2. Virgin Media may otherwise terminate this agreement without notice if it deems, in its sole discretion, such termination necessary, provided that Virgin Media will reimburse you upon such termination of account, for any days' service that you have paid for in advance but cannot use. This is calculated as the number of days between disconnection and the 30 days minimum payment, provided that the account is not already in arrears.

J. Warranty

  1. Loudmouth is providing the UKCalls Service on an "as is" basis and makes no representations or warranties of any kind with respect to the accuracy, completeness or reliability of the UKCalls Service or any software or content supplied to you and disclaims all such representations and warranties.
  2. In addition, neither Virgin Media, Virgin Media Payments , its third party contractors nor any other contributor to the UKCalls Service makes any representation or gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the UKCalls Service, content or software contained on the Sites or supplied in connection with the UKCalls Service or that any such content or software will be accurate, up to date, uninterrupted or error free.
  3. You acknowledge that you are solely responsible for the use to which you put the UKCalls Service, (which use shall for the avoidance of doubt be limited solely to a personal use, excluding any and all business users), and all information, data and results you obtain from using it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.

K. Liability

  1. Save in respect of liability for death or personal injury arising out of negligence, Virgin Media, Virgin Media Payments and all contributors to the Sites and the UKCalls Service hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated savings incurred by you, whether arising in tort, contract, equity or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use the Sites, the UKCalls Service or any software or content supplied to you in connection with the UKCalls Service, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Virgin Media, Virgin Media Payments or their employees or agents are advised of the possibility of such damages, losses or expenses.
  2. Neither Virgin Media nor Virgin Media Payments shall be liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other services (including domain name registration authorities and any transaction entered into between you and third parties offering goods or services on the Sites) or for faults or failures in such third parties' equipment.
  3. Subject to clause K(1) and (2) above, Virgin Media and/or Virgin Media Payments' maximum aggregate liability under this agreement whether arising from negligence, breach of contract or otherwise shall be limited in respect of one incident or series of two or more related incidents to an amount equal to the cover provided to Virgin Media and/or Virgin Media Payments under their respective policies of insurance. Neither Virgin Media nor Virgin Media Payments are liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other services (including domain name registration authorities) or for faults or failures in their equipment.
  4. You will indemnify and hold harmless Virgin Media and Virgin Media Payments from and against all losses, liabilities, damages, costs, expenses, actions and claims suffered or incurred by Virgin Media and/or its employees and/or agents, or Virgin Media Payments and/or its employees and/or agents, arising out of or in connection with any breach by you of these Terms and Conditions.

L. Variation of content

Virgin Media reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content supplied in connection with the UKCalls Service or which appears on any page of the Sites.

M. Data protection

The privacy of your information is very important to us and our privacy Policy, together with these Terms and Conditions, covers our use of any information you provide.

N. Invalidity

If any part of our Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

O. Governing law

These Terms and Conditions shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have jurisdiction to resolve any disputes between us.

P. Notices

Notices (if any) given under this agreement shall be delivered by hand or sent by prepaid first class post or electronic mail in the case of either party. Electronic mail shall be deemed to be delivered when it is sent.

Q. Entire agreement

These Terms and Conditions set out the whole of the agreement between you, Virgin Media and Virgin Media Payments relating to supply of the UKCalls Service. They cannot be varied except in writing by a director of Virgin Media. In particular nothing said by any sales person on behalf of Virgin Media should be understood as a variation of these Terms and Conditions or an authorised representation about the UKCalls Service or the nature and quality of items displayed thereon. Neither Virgin Media nor Virgin Media Payments shall have any liability for any such representation being untrue or misleading.

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