|The Internet Telephone service, 44Direct, is operated by Westbay
Engineers Limited of 21 Pagewood Close, Crawley, RH10 7ZL, United Kingdom ("Westbay
Engineers Ltd.", "we", "our"). These terms and conditions do not
affect your statutory rights.
|The services will be supplied in accordance with these terms and the
service descriptions on our website from time to time. Westbay Engineers Ltd. cannot
guarantee that the service will be uninterrupted or free of faults. At times we may need
to suspend the services to correct a fault or for maintenance purposes. If this happens we
will restore the service to you as quickly as reasonably possible. We grant you a
non-exclusive, non-transferable licence to download and use any software from our web
sites that you need to use the service. Upgrades to such software will be made available
from time to time.
|You agree that you will not use the services for any unlawful purposes
such as making any offensive, indecent or hoax telephone calls or allowing other persons
to do so or using the services fraudulently or in connection with a criminal offence. You
will not falsify or use the services to transmit or intercept any voice, data or email
messages or use the service to in any way cause detriment or harm to any communication
system. You will comply with all reasonable instructions provided by us in relation to the
services and will fully indemnify us against any expenses, liabilities, losses, costs
(including legal costs), action, claims, damages or liabilities howsoever incurred by us
as a result of your breach of this agreement.
|The service is entirely pre-paid. We will debit your account with
charges calculated in accordance with our standard rates in force from time to time. We
reserve the right to change our rates or the way billing is calculated at any time.
Details of our latest rates and billing criteria are available on our website.
Records of the calls you have made will be made available on our website. If you do
not use the service for a continuous period of 6 months or more, we may close your account
without refund of any outstanding credit. There may be minimum payment requirements
for the product, and these are detailed at our web site.
|We may elect to terminate or suspend this agreement immediately without
prior notice if you breach any of the terms and conditions of this agreement, or if you
become insolvent or bankrupt. Westbay Engineers Ltd. may block any account or suspend the
provision of the Service in the event that it reasonably believes that a customer's credit
card and/or bank account details are being or may be used fraudulently, and/or in the
event that it is unable to verify a customer's credit card and/or bank account details
with the relevant customer's bank or credit card issuer. Westbay Engineers Ltd. may also
refuse to provide the Service where the customer calls from an invalid or blocked (by
Westbay Engineers Ltd. or a third party ISP) IP address. From time to time Westbay
Engineers Ltd. may request customers to verify their credit card and/or bank statement
details by fax as part of the verification process. We may suspend the service if we
suspect that any fraudulent use is being made of it. Either we or you may end this
agreement by providing the other with 30 days prior written notice. On termination, other
than for your breach of this agreement, we will refund you 95% of any outstanding credit
in your account with us less the value of any unused credit allocated by Westbay Engineers
Ltd. to you arising from a promotional offer.
|We will not be liable to you either in contract or tort (including
negligence) or otherwise for any damage, cost or expense, loss of or corruption of data,
loss of profits or production, loss of operational time, goodwill, contracts or
anticipated savings or any indirect or consequential loss caused by the interruption,
delay, suspension, non-delivery, packet loss caused by the interruption of the services
the downloading or use of the software or any event beyond our control including the act
of any network operator or third party. We expressly exclude any warranty as to the
suitability, quality or reliability of the services or the software that they will be fit
or suitable for your purposes. Subject to the limitations in this agreement our total
liability to you shall be limited to the unused credit in your account with us at any
time. You agree that the limitation of liability in this agreement is appropriate given
the charges for the services. These limitations do not restrict or limit your rights as a
consumer. You may contact us at any time by email at the address given on our website.
|If you wish to ask for a refund, you must write to us with your request
to 'Westbay Engineers Ltd., 21 Pagewood Close, Crawley, RH10 7ZL, United Kingdom. We will
not accept any request for a refund that is not made in writing to this address.
|If a court of competent jurisdiction holds any part of this agreement as
unenforceable then the rest of the agreement shall remain in force to the maximum extent
permissible by law. We shall not be liable to You for the loss of the services caused by
an event beyond our reasonable control including but not limited to any fault in or
suspension of the network of any third party, any act of God, lightning damage, fire,
power failure or any loss or change to or loss of telecommunications equipment or any act
of any authority or third party. Except in the case of fraud, this Agreement is the
complete and exclusive statement of the Agreement between the parties relating to the
subject matter of this Agreement, which supersedes all previous communications, agreements
and other arrangements written or oral. This agreement shall be governed by English law
and be subject to the exclusive jurisdiction of the English courts.