These Terms of Service are effective on 1 July 2014, and updated on 20th January 2017 for current users, and upon acceptance for new users.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR SIGNING UP FOR SERVICES
For the purposes of this Agreement, “the Services” are defined as the Number Supermarket service plan and any optional additional Number Supermarket related services to which you are subscribed, each of which is described at the website www.numbersupermarket.co.uk (“the Number Supermarket Website”). The applicable Service plans are:
Standard Connect: includes: (a) a dedicated telephone number of your choice from NUMBER SUPERMARKET LTD’s existing inventory or the option to transfer your existing telephone number, (b) virtual PBX that directs telephone calls to telephone numbers you specify, (c) extensions/users allowing callers to have their call diverted to one of a number of specified recipients with each extension having its own unique log-in and password, (d) voicemail accessible by telephone, web and an existing email account; and (e) iPhone / Android App.
Advanced Connect: includes: (a) a dedicated telephone number of your choice from NUMBER SUPERMARKET LTD’s existing inventory or the option to transfer your existing telephone number, (b) virtual PBX that directs telephone calls to telephone numbers you specify, (c) extensions/users allowing callers to have their call diverted to one of a number of specified recipients with each extension having its own unique log-in and password, (d) voicemail accessible by telephone, web and an existing email account; (e) inbound faxing and (f) where available, conference calling (g) Full Disaster Recovery solutions (h) Out of Hours Time Plans.(i) iPhone / Android Apps.
Professional Connect: includes: a) a dedicated telephone number of your choice from NUMBER SUPERMARKET LTD’s existing inventory or the option to transfer your existing telephone number, (b) virtual PBX that directs telephone calls to telephone numbers you specify, (c) extensions/users allowing callers to have their call diverted to one of a number of specified recipients with each extension having its own unique log-in and password, (d) voicemail accessible by telephone, web and an existing email account; and (e) iPhone / Android App.
The following services can be added to your Service plan:
Call Recording: You may add Call Recording to your Number Supermarket Account by choosing the service during your initial order or by calling Number Supermarket Support. The call recording feature is not currently available for conference calls. Each recorded call is downloadable from your Account and is stored for thirty (30) days or up to 7 (seven) years depending on the plan you have taken, this from the date of the recording or a maximum of 7 years if purchased. You agree to comply with all applicable international laws, rules and regulations applicable to call recording when using the Services, whether in the country that the call is made and/or the country where the call is received or elsewhere where applicable to the call that is being recorded. The call recording feature is intended for single person use only. We reserve the right to disconnect or modify your service plan if we determine, at our sole and absolute discretion, that your usage of this feature is inconsistent with, or in excess of, normal usage patterns of other users of our Services. Before recording calls it is important to familiarize yourself with all EU and other legislation governing interception of communications, data protection and privacy which in the United Kingdom shall, as at the date shown above, include but not be limited to the Regulation of Investigatory Powers Act 2000, Telecommunications (Lawful Business Practice) (Interpretation of Communications Regulations 2000, the Data Protection Act 1998, the Telecommunications (Data Protection and Privacy) Regulations 1999 and the Human Rights Act 1998 as any of same may be amended from time to time.
Web Conferencing: You may choose to add Web Conferencing to your Service plan. Like Conference Calling, each extension will have its own unique log-in and password. You may activate this Service by calling Number Supermarket Support. Your Account will be billed an additional monthly fee according to the applicable rate plan at the time.
Your Service plan begins upon activation and automatically renews on a monthly basis, until terminated on notice by either party, notwithstanding other termination rights indicated herein, and notwithstanding post-termination rights and obligations hereunder.
Your Service plan begins upon activation for a 12 month period and automatically renews into another 12 Month agreement, unless terminated on notice by either party, notwithstanding other termination rights indicated herein, and notwithstanding post-termination rights and obligations hereunder.
You agree to pay all charges for your use of the Services at the prices then in effect according to your Service plan.
For current pricing information for the Number Supermarket Services, visit the Number Supermarket Website. All charges will be exclusive of value added taxes (“VAT”), sales or other taxes, except as required by law. NUMBER SUPERMARKET LTD reserves the right to change prices or institute new charges for access to or use of the Services. All changes to prices or charges (but not necessarily to taxes) will be posted by NUMBER SUPERMARKET LTD at the Number Supermarket Website (for the Number Supermarket Services) and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Number Supermarket account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
If you are using the Services from certain locations, you may also incur charges levied by your internet service provider, online service provider and/or long distance carrier to access the Services. When diverting calls to destinations outside the UK, international rates apply from the first minute.
NUMBER SUPERMARKET LTD will charge Customers for usage on a per second basis for all connection and diverted call traffic.
In the case of Conference Calling, NUMBER SUPERMARKET LTD will charge for the total length of the call – i.e. the per minute charge will apply to the total number of minutes of all participants combined.
For questions on current pricing to a particular destination, please contact Number Supermarket Support or visit the Number Supermarket Website for current rates.
Additional Numbers, usage credit or extensions may be obtained for an additional monthly fee. Please contact Number Supermarket Support for current pricing.
Professionally recorded greetings in addition to the one (1) free greeting which is included in each service plan may be obtained for an additional fee. For information on greetings, please log in to the Number Supermarket Website and visit “Phone System >> Greetings”.
You must (a) obtain and pay for all equipment and third-party services (e.g., internet access and email service) required for you to access and use the Services; (b) maintain any security of your user identification, and other confidential information relating to your Number Supermarket Account and; (c) be responsible for all charges resulting from use of your Number Supermarket Account, including unauthorized use prior to you notifying NUMBER SUPERMARKET LTD of such use and taking steps to prevent its further occurrence.
User Account, Password, and Security
As part of your registration process, you will be required to provide a valid email address and select a password. Once you become a registered user, your Number Supermarket Number will be automatically sent to you by email. You may change your password to protect your voicemails after logging in to the Number Supermarket Website. You are entirely responsible for notifying NUMBER SUPERMARKET LTD of any change in your email address and for failing to maintain the confidentiality of your password, Number Supermarket Number and Account information. Furthermore, you are entirely responsible for any and all activities that occur under your Number Supermarket Account. You agree to immediately notify NUMBER SUPERMARKET LTD of any unauthorized use of your Number Supermarket Account or any other breach of security known to you.
Content of Transmissions
You are fully responsible for the contents of your transmissions through the Services. NUMBER SUPERMARKET LTD simply acts as a passive conduit for you to send, receive, store, and retrieve information of your own choosing.
Your use of the Services is subject to all applicable local, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising and any geo-compliance legislation which may apply to your usage of the Services). You agree: (1) to comply with EU Data Protection law regarding the transmission of data through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to transmit through the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind of nature; (7) not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any other use of distribution lists to any person who has not given specific permission to be included in such a process; (8) not to use the Services to attempt to gain unauthorized access to other computer systems; (9) not to interfere with another’s use and enjoyment of the Services or similar services; and (10) not to use the Services to transmit misleading or inaccurate caller identification information. Customer may not use the Services with the intent to defraud, cause harm, or wrongfully obtain anything of value.
You agree that you are not authorized to charge products or services provided to you or at your request to the Number Supermarket Number assigned to you by NUMBER SUPERMARKET LTD and that you will not request or otherwise cause any third-party to charge any such products or services to such number. Any such charges will give NUMBER SUPERMARKET LTD the right to immediately terminate or suspend your Number Supermarket Account without notice and you further understand and agree that NUMBER SUPERMARKET LTD can immediately charge your credit card or other payment method you use to pay for the Services for these products or services.
The transmission of unsolicited telemarketing phone calls may, in certain circumstances, be illegal under the European Union’s Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998 and under the laws of a number of other countries, states and provinces. Unsolicited telemarketing through the Services is prohibited and a material violation of this Agreement. If you transmit or are otherwise connected with any email, fax or voice “spam” or other unsolicited marketing message, you agree to pay NUMBER SUPERMARKET LTD its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay NUMBER SUPERMARKET LTD liquidated damages of ten pounds (£10.00) for each piece of “spam” or unsolicited marketing message transmitted from or otherwise connected with your Number Supermarket account. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty. You also agree that NUMBER SUPERMARKET LTD may charge such damages to your credit card or other payment method you use to pay for the Services.
In order for you to give notice to NUMBER SUPERMARKET LTD/ Number Supermarket to terminate your Number Supermarket Account and return your number provided by Number Supermarket, you must contact Customer Service on 03303320400. A Customer Service representative will assist you with terminating your Number Supermarket account in accordance with the NUMBER SUPERMARKET LTD’s verification procedures, such procedures may be changed by NUMBER SUPERMARKET LTD in its sole discretion. Termination notice required is written notice delivered by a registered courier 90 days prior to the official end date of the agreement, the agreement will not be terminated and will roll over into another 24 months if the notice period given is less than 90 days and or the method of notification is anything else than a written letter delivered via a registered courier.
Upon termination of your account, NUMBER SUPERMARKET LTD/ Number Supermarket will send you an email confirming that your account has been cancelled. Your account will not be deemed cancelled unless and until you receive this email.
By Number Supermarket Ltd (Number Supermarket)
NUMBER SUPERMARKET LTD may terminate or suspend your Number Supermarket account at any time, with or without cause, upon notice. NUMBER SUPERMARKET LTD reserves the right to do so without prior notice, provided that NUMBER SUPERMARKET LTD will attempt to confirm such termination or suspension by subsequent notice. In addition, NUMBER SUPERMARKET LTD reserves the right to suspend or terminate your Number Supermarket Account without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to NUMBER SUPERMARKET LTD when NUMBER SUPERMARKET LTD believes you are liable for the charge. We may assess an additional fee of twenty-five pounds (£25) for any cheque or charge (credit card or bank account) returned for non-payment, or for any item required to be processed manually outside of our automatic billing/charging system, and this fee may be automatically added to your bill in these events. In addition, we may assess a twenty-five pounds (£25) service restoration fee to restore service on Numbers temporarily disconnected due to payment problems. Such rights are in addition to and not in lieu of any other legal rights or remedies available to NUMBER SUPERMARKET LTD. NUMBER SUPERMARKET LTD reserves the right to limit use of the Services or to terminate any account if we believe unreasonable usage has occurred on such account or if the Services are used in a manner that is not permitted by this Agreement. NUMBER SUPERMARKET LTD also reserves the right to take any action with respect to the Services that it deems necessary or appropriate in its sole discretion if NUMBER SUPERMARKET LTD believes you or your usage may create liability for NUMBER SUPERMARKET LTD, compromise or disrupt the Services for you or others or cause NUMBER SUPERMARKET LTD to lose (in whole or in part) the services of NUMBER SUPERMARKET LTD’s suppliers.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement and to perform your obligations under this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. You confirm that you are authorized to use the payment method that you present to us to satisfy payment for the Services.
NUMBER SUPERMARKET LTD may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the Number Supermarket Website and/or (b) sending information regarding the amendment to the email address you provide to NUMBER SUPERMARKET LTD. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE Number Supermarket & NUMBER SUPERMARKET LTD WEBSITE (FOR THE Number Supermarket SERVICES) TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and NUMBER SUPERMARKET LTD.
NUMBER SUPERMARKET LTD reserves the right to modify or discontinue any of the Services with or without notice to you. NUMBER SUPERMARKET LTD shall not be liable to you or any third party should NUMBER SUPERMARKET LTD exercise its right to modify or discontinue the Services.
We will provide you with an internet web site address where you can log in to manage your Account, view calls, receive support, and manage basic Account information. Although some functions of your Services may be configured simply by using your telephone, you may find that some functionality is controlled only through the Web site interface. You must have internet access to use the Services. It shall be your responsibility to manage all configuration details yourself, unless you have paid for configuration service. Logging into Web site Services requires a common, and current, internet browser with support for SSL encryption and cookies enabled. Anyone whom you give Account access, through use of your secure account codes or otherwise, shall be authorized by you to make any and all changes to your Services, Account and Number.
Number Supermarket AND ALL OTHER NUMBER SUPERMARKET LTD SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND NEITHER NUMBER SUPERMARKET LTD NOR does ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. NUMBER SUPERMARKET LTD DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT NUMBER SUPERMARKET LTD SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. NUMBER SUPERMARKET LTD AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
YOU’RE USE OF Number Supermarket AND ALL OTHER NUMBER SUPERMARKET LTD SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING NUMBER SUPERMARKET LTD SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM NUMBER SUPERMARKET LTD. YOU AGREE THAT NEITHER NUMBER SUPERMARKET LTD NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE Number Supermarket OR ANY OTHER NUMBER SUPERMARKET LTD SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF NUMBER SUPERMARKET LTD OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF NUMBER SUPERMARKET LTD AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF Number Supermarket AND ANY OTHER NUMBER SUPERMARKET LTD SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) £500.00 (GBP). YOU HEREBY RELEASE NUMBER SUPERMARKET LTD AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
NEITHER NUMBER SUPERMARKET LTD NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF NUMBER SUPERMARKET LTD‘s OR ANY SUCH LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF THE SERVICES OR TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF NUMBER SUPERMARKET LTD, IN EVALUATING THE SERVICES OR ANY OTHER SERVICES AND/OR PRODUCTS OF NUMBER SUPERMARKET LTD.
NUMBER SUPERMARKET LTD RESERVES THE RIGHT TO SUSPEND OR DISCONTINUE THE SERVICES FOR MAINTENANCE OR REGULATORY REASONS OR ANY OTHER PURPOSE BEYOND ITS REASONABLE CONTROL, WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU, AND IF THE SERVICES ARE SUSPENDED OR DISCONTINUED FOR AT LEAST 30 DAYS, EITHER PARTY SHALL BE ENTITLED TO TERMINATE THIS AGREEMENT IMMEDIATELY BY NOTICE IN WRITING TO THE OTHER.
Charges for your Number Supermarket Account balance are due monthly or annually, in accordance with your Service plan, and will be billed by NUMBER SUPERMARKET LTD. Your activation fee and monthly or annual service fees, as applicable, are payable in advance and are completely non-refundable. See the Number Supermarket Website for Service plan details.
You agree to pay a monthly service fee for usage, users, and/or other services as specified in your Service plan. Unused minutes included within your plan for a billing period do not carry forward to the next billing period. You are responsible for all calls/minutes, even those originating from unintended callers (e.g. wrong number calls) or those originating from yourself during the setup and administration of your Number, as well as any other use of your Account. Lack of usage of your Account shall have no effect on your minimum billing amount. For instance, if you do not use your Account at all, you are still obligated to your plan’s minimum service fees due here under this Agreement.
Payment of your Number Supermarket Account balance is due monthly (or annually if applicable to your Service plan) and must be made by the credit card, debit card, BACS or cheque designated by you for NUMBER SUPERMARKET LTD use and transactions, or through such other payment methods as NUMBER SUPERMARKET LTD may provide from time to time. If your Number Supermarket Account is a qualified business account and is approved by NUMBER SUPERMARKET LTD for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
If payment is not received by NUMBER SUPERMARKET LTD by its due date, you agree to immediately pay all amounts due upon demand by NUMBER SUPERMARKET LTD. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that NUMBER SUPERMARKET LTD is authorized to charge your designated card or obtain payment for the Services through other means legally available to NUMBER SUPERMARKET LTD. For payments by debit card or credit card, your card issuer’s agreement governs your use of your designated card in connection with the Services and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that NUMBER SUPERMARKET LTD may (at its option) accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that NUMBER SUPERMARKET LTD may delay obtaining authorization from your card issuer or bank until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer or bank.
NUMBER SUPERMARKET LTD tries to advise customers paying by direct debit fifteen days in advance of the amount of the debit to be processed to their bank account. For the avoidance of doubt, all amounts due are payable within 15 days of the invoice date. NUMBER SUPERMARKET LTD reserves the right to charge interest of 1.5% per month on monies overdue for payment until such payments are made in full.
You agree that NUMBER SUPERMARKET LTD may submit charges for your monthly or annual service fee each month or each year, without further authorization from you, until you provide prior notice (in accordance with NUMBER SUPERMARKET LTD‘s verification procedures, as may be established by NUMBER SUPERMARKET LTD from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card or bank account. Such notice will not affect charges submitted before NUMBER SUPERMARKET LTD reasonably could act on your notice. If you have any question regarding any charges that have been applied to your Account, you must contact NUMBER SUPERMARKET LTD‘s Customer Service Department within 30 days of the charge date. Failure to use your Account will not be deemed a basis for refusing to pay any charges submitted by NUMBER SUPERMARKET LTD in accordance with this Agreement.
NUMBER SUPERMARKET LTD may provide the Services on credit terms (15 days) at its discretion. NUMBER SUPERMARKET LTD reserves the right to refuse to provide the Services if it is not satisfied with the perceived credit risk that NUMBER SUPERMARKET LTD would incur in the provision of the Services on this basis and NUMBER SUPERMARKET LTD reserves the right to seek and obtain information from you, at no cost to NUMBER SUPERMARKET LTD, at any time, to ease any concerns it may have with regard to the perceived credit risk to NUMBER SUPERMARKET LTD in providing the Services to you. NUMBER SUPERMARKET LTD reserves the right to seek, on an exceptional basis, at any time, an immediate interim payment in respect of monies calculated to be due.
In the event of a dispute over the amount of monies owed, all invoiced payments and amounts debited to the credit/debit card holder’s account will remain payable and due for payment. Disputed payments must be notified to NUMBER SUPERMARKET LTD as soon as possible and in any event within 10 days of the date of invoice. NUMBER SUPERMARKET LTD will then investigate all disputed calculations/billings. However NUMBER SUPERMARKET LTD‘s decision in respect of payments due will be final.
IN ORDER TO AVOID INTERRUPTIONS IN THE SERVICES CAUSED BY REJECTED CREDIT OR DEBIT CARD CHARGES, NUMBER SUPERMARKET LTD RESERVES THE RIGHT TO UPDATE YOUR CREDIT OR DEBIT CARD DETAILS (SUCH AS EXPIRATION DATES) WHERE THIS IS NOT PROHIBITED BY LAW. YOU UNDERSTAND AND AGREE THAT NUMBER SUPERMARKET LTD IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.
You must promptly notify NUMBER SUPERMARKET LTD of changes to (a) the account number or expiration date of your designated credit or debit card; (b) your billing address for the designated credit or debit card; and (c) the name of each minor whom you have authorized to use your Number Supermarket account. You must also promptly notify NUMBER SUPERMARKET LTD if your card is cancelled. NUMBER SUPERMARKET LTD may contact you by phone, email or SMS message in an effort to help you in the event of any unresolved issues which are evident with payment collection evident on NUMBER SUPERMARKET LTD’s systems, including issues around any outstanding invoices. You hereby authorize NUMBER SUPERMARKET LTD to make such contact.
EACH CUSTOMER IS LIMITED TO ONE (1) FREE TRIAL ACCOUNT PER SERVICE.
You may be entitled to use the Services for a specified period of time before being charged and generally there are usage limits associated with this free trial period. If you cancel your Account prior to the end of such free trial period, and you have not exceeded the usage limits included in the offer, you will not be billed. If you exceed the usage limits included in the free trial offer you signed up for, one or more of the following actions may occur: (i) you will be upgraded to a paid customer for that service and your credit card on file will be charged immediately, (ii) you will be notified that you have exceeded your offer limits and given the option to cancel or upgrade, (iii) your Account will be suspended pending further action by you or by NUMBER SUPERMARKET LTD or (iv) you will be charged beyond usage limits included in the offer.
If you subscribed to the Services pursuant to a special offer granting you a free trial period, your initial monthly or annual service fee or some smaller fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with NUMBER SUPERMARKET LTD‘s verification procedures, as may be established by NUMBER SUPERMARKET LTD from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before NUMBER SUPERMARKET LTD reasonably could act on your notice.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by NUMBER SUPERMARKET LTD and/or its licensors and service providers except where expressly stated otherwise. You may not use NUMBER SUPERMARKET LTD’s trademarks, trade names, patents, copyrights or other intellectual property rights without NUMBER SUPERMARKET LTD’s prior written permission.
IF YOU “PORTED IN” A TELEPHONE NUMBER IN CONNECTION WITH YOUR USE OF THE SERVICES OR ARE ENTITLED TO “PORT OUT” A NUMBER UNDER LOCAL LAW, YOU MAY “PORT OUT” THAT NUMBER UPON TERMINATION OF YOUR Number Supermarket ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO NUMBER SUPERMARKET LTD OF YOUR INTENTION TO “PORT OUT” THE TELEPHONE NUMBER ASSOCIATED WITH THE TERMINATED Number Supermarket ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR e Voice ACCOUNT (THE “PORTING NOTICE PERIOD”); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES OUR TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; AND (iii) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, NUMBER SUPERMARKET LTD HAS RECEIVED AN ADMINISTRATION FEE TO COVER ITS COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF (A) £40 (OR THE EQUIVALENT IN LOCAL CURRENCY) IF YOU “PORTED IN” THE TELEPHONE NUMBER OR (B) £65 IF YOU ARE ENTITLED TO “PORT OUT” A NUMBER UNDER LOCAL LAW. YOU HEREBY AUTHORIZE NUMBER SUPERMARKET LTD TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO NUMBER SUPERMARKET LTD WITHIN THE PORTING NOTICE PERIOD. IF YOU FAIL TO SATISFY THESE REQUIREMENTS, THE TELEPHONE NUMBER YOU “PORTED IN” WILL BECOME THE SOLE AND EXCLUSIVE PROPERTY OF NUMBER SUPERMARKET LTD.
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR Number Supermarket ACCOUNT FOR ANY REASON, SUCH NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT NUMBER SUPERMARKET LTD WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF NUMBER SUPERMARKET LTD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT NUMBER SUPERMARKET LTD MAY FROM TIME TO TIME NEED TO CHANGE THE NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN NUMBER SUPERMARKET LTD‘S CONTROL). YOU AGREE THAT NUMBER SUPERMARKET LTD WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF NUMBER SUPERMARKET LTD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify NUMBER SUPERMARKET LTD and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims based upon use of your Number Supermarket account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting unsolicited telemarketing phone calls.
Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.
While your Number Supermarket account is active, NUMBER SUPERMARKET LTD will store voice messages received through your Number and call detail records for a limited period of time only. You acknowledge that NUMBER SUPERMARKET LTD may change its practices and limitations concerning storage of voice messages and call detail records at any time. You further agree that NUMBER SUPERMARKET LTD has no responsibility or liability whatsoever for the deletion or failure to store any voice messages, call detail records and/or other communications maintained or transmitted by the Services.
NUMBER SUPERMARKET LTD may send email to its customers, concerning NUMBER SUPERMARKET LTD services or other services which it deems may be of interest to them. If at any time a subscription Service customer wishes to withdraw his or her agreement to be contacted in such a manner, he or she may do so by advising NUMBER SUPERMARKET LTD thereof. No further marketing emails promoting other services will then be sent to the customer, but NUMBER SUPERMARKET LTD may continue to send the customer emails advising the customer of system changes and Services affecting changes in respect of the Services to which the customer has subscribed.
Notices given by NUMBER SUPERMARKET LTD to you will be given by email or by a general posting on the Number Supermarket Website (for the Number Supermarket Services) or by conventional mail. In any matter requiring NUMBER SUPERMARKET LTD LTD’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of NUMBER SUPERMARKET LTD. Notices given by you to NUMBER SUPERMARKET LTD must be given by email or by conventional mail (subject, however, to NUMBER SUPERMARKET LTD’s verification procedures, as may be established by NUMBER SUPERMARKET LTD from time to time in its sole discretion, and which may include the requirement that you contact NUMBER SUPERMARKET LTD by phone so as to confirm that any such notice was in fact sent by you). Notices to NUMBER SUPERMARKET LTD by conventional mail must be sent to NUMBER SUPERMARKET LTD, Unit A, 22 Lever Street, Manchester, M1 1EA.
NUMBER SUPERMARKET LTD may record all its telephone calls for the purposes of training, improvement of services, fraud prevention and to ensure the accuracy of instructions communicated to NUMBER SUPERMARKET LTD. All telephone recordings shall be the property of NUMBER SUPERMARKET LTD.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. NUMBER SUPERMARKET LTD failure to act with respect to a breach by you or others does not waive NUMBER SUPERMARKET LTD‘s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights here under, and any attempt to the contrary is void. NUMBER SUPERMARKET LTD shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond NUMBER SUPERMARKET LTD‘s reasonable control.