Terms And Condidtions

08000MumDad Standard Form of Agreement

08000 MUMDAD Standard Form of Agreement


Table of Contents

1. Accepting The Terms of This Agreement
2. Background
3. How To Read This Agreement
4. Definitions
5. You Are A User
6. You May Also Be A Customer
7. Provision of The Services
8. Use of The Service by Persons under the age of 18 Years
9. Your Responsible use of The Services
10. Billing and Payment
11. When does This Agreement START and FINISH?
12. Our Liability To You
13. Changes To This Agreement
14. General  

________________________________________________________

 

This AGREEMENT is between:

08000-MUMDAD Ltd  incorporated in the United Kingdom, company number 5827054 of Station House, Connaught Rd, Brookwood, Woking, Surrey GU24 0ER, United Kingdom ("08000 MUMDAD”)

AND

You, the person using the Service (“You”)

 

1.Accepting The Terms of This Agreement  

1.1 You accept this Agreement by using one or more of the Services.

1.2 If you do not accept the terms of this Agreement, you must not use any of the Services.

2.Background

2.1 08000 MUMDAD supplies various telecommunications services to the public.

2.2 You may elect to receive the benefit of the services supplied by 08000 MUMDAD in various ways, depending on the type of service offered.

2.3 This Standard Form of Agreement (“Agreement”) specifies the terms on which 08000 MUMDAD will supply, and You will acquire, any services from 08000 MUMDAD.

3.How To Read This Agreement

3.1 In this Agreement, a word that starts with a capital letter is a defined term, and has a special meaning that is specified in clause 4, “Definitions”.

3.2 In this Agreement, the following rules of interpretation apply (unless the context in which they are used requires otherwise):

(a) headings are for convenience only, and do not affect the meaning of any clause;

(b) the singular form of a word includes the plural form of that word and vice versa (eg, “Service” includes all Services);

(c) any reference to a gender includes all genders (eg, “he” includes “she”);

(d) a reference to a clause is to a clause of this Agreement;

(e) the word “including” may be used in this Agreement to give specific examples of how this Agreement must be interpreted.  However, such examples are not intended to be comprehensive, and the word “including” will not limit the general meaning of any clause in which it is used;

(f) a reference to any party to this Agreement or any other agreement or document includes the party's successors and permitted assigns (eg, a reference to “You” includes any person to whom You transfer your rights or obligations under this Agreement);

(g) a reference to any agreement or document (including this Agreement) includes any changes validly made to that agreement or document from time to time;

(h) a reference to any legislation or to any provision of any legislation includes any changes validly made to that legislation from time to time; and

(i) all references to £ are to English Pounds.

4.Definitions

In this Agreement,:

Customer has the meaning given in clause 6.
Non-excludable Condition has the meaning given in clause 12.1.
Pranking Service means the Service for the purpose of giving a recorded message to another person before that other person accepts any Reverse Charge Service charges or the use of the call from the service to prompt or signal for another party to call you. A User is deemed to be using the Pranking Service if they have previously received not less than 3 calls and rejected each call after hearing the name of the service or the caller (or a message left by the caller in place of a name).
Reverse Charge Service means the service allowing a person to initiate a reverse charge call, a second person to accept a reverse charge call and (once a reverse charge call is accepted by the second person) for the first and second person to communicate using mobile or fixed-line telephones.
Service means any services supplied by 08000 MUMDAD including the Reverse Charge Service and the Messaging Service, and any associated services. The supply of a Service to You will start and end at the times specified in clause 7.2.
Standard Pricing Policy means the standard pricing policy found at 08000 MUMDAD’s web site.
To view our current pricing click here...
U Pay Later Service means the service allowing a person to both initiate and themselves, pay for a call to a second person using mobile or fixed-line telephones.
User means a person who makes use of any Service, including without limitation any person who initiates a reverse charge call, or leaves a message using the Messaging Service, or who is a Customer.
VAT has the same meaning as defined in The Value Added Tax Act 1994. as amended or replaced from time to time.
Voice Messaging Service means the service allowing a person to leave, for future delivery, a voice message for a second person to accept when contacted by 08000 MUMDAD.
CallBack SMS Service means the Service allowing a person to initiate an SMS to be sent to a receiving party. The receiving party is deemed to be a CallBack SMS customer after they have accepted the offer and therefore will receive, and be charged for, Callback SMS as initiated by the calling party.
 

5.You Are A User

5.1 If You make any use of the Services or part of them for any reason, You are a “User”. 

5.2 To avoid confusion, examples of use of the Service include initiating or receiving a call using the Reverse Charge Service, Voice Messaging Service, CallBack SMS Service or U Pay Later Service, or recording or listening to a message using the Pranking Service.

6.You May Also Be A Customer

6.1 If, in the course of Your use of the Services, You agree to pay 08000 MUMDAD for that use, you are a “Customer”.  All Customers are also Users.

6.2 To avoid confusion, examples of when You agree to pay 08000 MUMDAD for use of the Services include when you accept a call using the Reverse Charge Service and/or Voice Messaging Service, when you agree to place a call using the U Pay Later Service, or when you receive a message using the CallBack SMS Srvice or Pranking Service or agree to be a customer of either.

6.3 In this Agreement:

(a) clauses that refer to a “User” apply to all Users, including Customers;

(b) clauses that refer to a “Customer” apply only to Customers.

7.Provision of The Services

7.1 08000 MUMDAD will supply the Services to You, and You agree to acquire and use the Services, in accordance with this Agreement.

7.2 The supply of a Service to You is deemed to:

(a) start at the moment You make any use of the Service; and

(b) ends at the moment:

(i) You; or

(ii) the Customer who has agreed to be charged for Your use of the Service,

is billed for Your use of the Service in accordance with clause 10, or if there is no associated charge for the Service You use, when You finish using the Service and 08000 MUMDAD has otherwise completed the delivery of the Service.

7.3 From time to time, 08000 MUMDAD may run promotions in connection with the Services.  Those promotions may have terms and conditions which will be made available to you at the time.  Such terms and conditions will be in addition to the terms and conditions of this Agreement.

7.4 While 08000 MUMDAD will use care and skill in supplying the Service to You, 08000 MUMDAD does not guarantee that the Services will be supplied continuously or without fault.

7.5 In addition to any other right 08000 MUMDAD has under a clause of this Agreement, You acknowledge that 08000 MUMDAD may temporarily or permanently stop supplying all or any part of the Services to You if:

(a) You, or any Customer who is obliged to pay for use of the Service by You, fail to pay any amount owed to 08000 MUMDAD;

(b) 08000 MUMDAD is required to do so by law, or is directed to do so by an agency with appropriate authority (such as the Police or emergency services); or

(c) 08000 MUMDAD chooses to do so as an alternative to exercising a right to terminate this Agreement.

7.6 MUMDAD may in its absolute discretion accept the request and attempt to connect a call.

8.Use of The Service by Persons under the age of 18 Years

8.1 08000 MUMDAD does not restrict use of the service based on age. As such, it is reasonable to believe that a person under the age of 18 (“Child”) years may at one time or another, be either a User and/or a Customer. If You are a Child, by using the service You agree that You have obtained agreement to use the service from the person responsible for paying the bill.

9. YOUR RESPONSIBLE USE OF THE SERVICES

9.1 Some of the Services are provided only so that they can be used for a specific purpose.  For example, the Reverse Charge Service may only be used to make reverse charge telephone calls between a User and a Customer.

9.2 You must not misuse the Service.  The following are examples of misuse of the Service:

(a) using any Service that is provided for a particular purpose for any other purpose.  For example, You will not use the Reverse Charge Service as a Messaging Service;

(b) doing anything to the Services that causes any disruption to the ability of another User to use the Service;

(c) doing anything with the Service that disrupts or causes distress to any other person or User; and

(d) using any Service to break any law, or commit any offence or allow any other person to do so.

9.3 You agree that You will indemnify 08000 MUMDAD against all costs, losses, damages, liabilities and expenses (including all legal fees) incurred by 08000 MUMDAD that arise in connection with any misuse of the Service by You.

9.4 You Agree that 08000 MUMDAD may:

(a) monitor Your use of the Service to ensure that You are not misusing the Service; and

(b) terminate this Agreement, or stop supplying the Services to You or any User associated with You, if 08000 MUMDAD reasonably suspects that You are, or any User associated with You is, misusing the Services.

10. Billing and Payment

This clause 10 only applies to Customers.

10.1 If You are a Customer, You will be billed for Your use of the Service.  The details of how you will be billed are specified in the Standard Pricing Policy.

10.2 08000 MUMDAD will try to bill You as soon as possible after Your use of Service.  However, if 08000 MUMDAD does not bill you immediately after Your use of the Service, it may bill you (or make subsequent attempts to bill you) up to 180 days after Your use of the Service.

10.3 You agree that:

(a) 08000 MUMDAD may make as many attempts to issue a bill to You as is required; and

(b) once You receive a bill from 08000 MUMDAD, You must pay that bill (unless clause 10.4 applies)

10.4 If You believe You have received a bill for:

(a) Services that You are not obliged to pay for; or

(b) an incorrect amount,

then You must contact 08000 MUMDAD, and 08000 MUMDAD must discuss the problem with You, and suggest a reasonable solution to the problem.

10.5 You acknowledge that, even if 08000 MUMDAD owes money to You, You must pay all amounts You have been billed for on time, in full and without set-off.

10.6 If You are late in paying an amount You owe to 08000 MUMDAD, 08000 MUMDAD is entitled to:

(a) charge you interest, at an interest rate of 3% above the “Corporate Overdraft Reference Rate” of the Barclays Bank, as published on each day that payment remains overdue; and

(b) charge and recover from You all costs 08000 MUMDAD incurs (such as legal costs and debt recovery agent costs) in collecting the amount You owe to 08000 MUMDAD from You.

10.7 The amount 08000 MUMDAD charges You for Your use of the Services will include all taxes and government impositions 08000 MUMDAD is obliged to collect from You, including VAT.  You agree that if any new taxes or government impositions are introduced, You must pay those new taxes, and 08000 MUMDAD is entitled to increase the amount You are charged accordingly.

10.8 The services operated by 08000-MUMDAD are not subscription services and you will only be billed for the calls and charges you accept on a call by call basis.

11. When does This Agreement START and FINISH?

11.1 Unless another clause of this Agreement allows either You or 08000 MUMDAD to terminate this Agreement earlier, this Agreement:

(a) starts as soon as You make any use of the Services; and

(b) finishes once either:

(i) You, or the Customer who is charged for Your use of the Service, have paid all amounts charged for Your use of the Service; or
(ii) if there is no charge for the Service (or part of it), when you finish the relevant use of it.

11.2 Clauses 9, 12 and 14 of this Agreement survive termination of this Agreement for any reason

11.3 To avoid confusion, each time You use the Service you create a separate agreement with 08000 MUMDAD.

12. Our Liability To You

12.1 Certain legislation, including the Trade Practices Act 1973, may imply rights in Your favour into this Agreement, and in some circumstances those rights cannot be excluded from any agreement. These rights are called “ Non-excludable Conditions ”.  Nothing in this clause 12 excludes any Non-excludable Conditions.

12.2 08000 MUMDAD is not liable to You for any loss that You suffer, to the extent that such loss is caused by:

(a) Your negligence or breach of this Agreement; or

(b) the omission, negligence or actions of anyone other than 08000 MUMDAD, including any other User.

12.3 You agree that 08000 MUMDAD will not be liable to You under any circumstances (unless any Non-excludable Conditions apply) for any of the following types of losses which arise in connection with this Agreement:

(a) lost profit;

(b) lost revenue;

(c) lost savings; and

(d) consequential or indirect loss,

and You confirm that 08000 MUMDAD will not be liable to You for these types of losses even in situations where 08000 MUMDAD knew that You could suffer that loss, or 08000 MUMDAD could have assumed that You could suffer that loss.

12.4 Unless any law (including the Trade Practices Act 1973) will not allow 08000 MUMDAD to limit its liability to You, You agree that if 08000 MUMDAD has any liability to You for any reason in connection with this Agreement (including liability under the laws of contract, tort (including negligence) or under any statute, that liability is limited to:

(a) 08000 MUMDAD supplying the Services which gave rise to the liability to You again; or

(b) paying to You the cost of having the Services which gave rise to the liability supplied to You again.

13. Changes To This Agreement

13.1 08000 MUMDAD may change any term of this Agreement, provided that:

(a) You consent to the change; or

(b) 08000 MUMDAD complies with this clause.

13.2 08000 MUMDAD may change any term of this Agreement at any time if the change is required to comply with a valid law or government requirement.

13.3 08000 MUMDAD may change any term of this Agreement at any time and without giving notice to You, if 08000 MUMDAD reasonably considers that the change will have no detrimental effect on You.

13.4 Unless you exercise your right to terminate in clause 13.5, 08000 MUMDAD may change any term of this Agreement that will have a detrimental effect on You, provided that You are given notice of the change 21 days before the date on which the change takes effect.

13.5 If we give you notice of a change to this Agreement, You may terminate this Agreement at any time by contacting us within 42 days of the date on which we notified You of the change.

14. General

14.1 This Agreement is governed by the laws of England and Wales.  Any dispute between the parties will be heard in accordance with the rules of the Supreme Court of England and Wales.

14.2 If any provision of this Agreement is held to be invalid, illegal or unenforceable, this Agreement will continue otherwise in full force and effect apart from that provision, which will be taken to be deleted.

14.3 No party may assign any right under this Agreement without the prior written consent of the other party.