Call Navigator™ Terms and Conditions

Call Navigator (“Call Navigator” or “we” or “us”) supplies its services under the following terms and conditions.

We try to keep all legal documents as clear and as simple as possible, but some terms used below are necessarily legal in nature.

These terms and conditions (“this Agreement”) constitute the contract governing the supply of telecoms services (“the Services”) by us to the person to whom such Services are provided (“the Customer” or “you”).  If you use any premium rate services supplied by Call Navigator, then you will be required to sign a separate agreement so as to comply with ICSTIS regulations.  Some terms and conditions may vary from time to time as described below. This Agreement comes into force once we have accepted your order for the Services. By submitting this order, you agree to these terms and conditions. If you are registering or purchasing this product on behalf of someone else, you undertake to ensure that they are aware of and agree to these terms and conditions. We will provide acceptance of the order by post or email, sent to the email address you supplied at sign-up.

 

1. Services

We will supply the Services in accordance with this Agreement.  In doing so, we shall exercise the reasonable care and skill expected of a telecommunications operator, but no telecommunications service can be supplied without occasional faults. We will attempt to remedy any faults as soon as we can reasonably do so.

From time to time, we may vary some aspects of the Services, but we will try to inform you of these changes. Occasionally, we may suspend the Services due to operational or technical reasons. If this occurs, we will try to inform you and we will attempt to restore the Services as soon as we reasonably can.

You may purchase additional Services from us from time to time, which will also, once we have accepted an order, be subject to this Agreement.

For customers who make use of the Services to a large extent, we may require you to provide us with forecasts of usage, to ensure that we can continue to supply the Services at a high level of quality.

We help customers manage their services by means of our web-sites (the “Web Control Pages”). These Web Control Pages will be protected by one or more passwords. You are responsible for the security of these passwords and must not disclose them to other parties. If you or we suspect that a password has become known to an unauthorised party, you or we must change that password.
   
Some of our Services allow you to record telephone calls. You agree that you have sole responsibility for any recordings made and undertake to comply with all relevant laws and regulations relating to the making and use of recordings.

Due to the technological constraints of Voice over Internet Protocol (VoIP), access to emergency services on some Services (e.g. Call Navigator IP™) cannot be guaranteed in the event of failure of your power supply or broadband service. Therefore if you have purchased such a Service you must ensure that you, and anybody who uses the Service, have an alternative means of contacting emergency services. You must register each telephone number that requires the emergency services capability, on the order form provided. You must also ensure that all users who are registered to make emergency services calls keep the contact and address information provided on the order form up to date, otherwise you accept that the emergency services may be unable to effectively respond to a call to them due to incorrect location data. 

Although it may be technically possible to use our Services from locations other than the UK, the Services are only sold for use within the UK. Call Navigator will take no responsibility for any failures or quality limitations if any of our Services are used in other locations.

 

2. Equipment

Where required to support our Services (e.g. for Call Navigator IP™), you are responsible for ensuring the availability of a suitable quality broadband internet connection, any associated routers, modems and micro-filters, and a handset in order to receive the Service.  In order for us to be able to provide technical support, you should ensure that any such router and/or handset appears on the list of approved equipment shown on our website from time to time.  

We shall use our reasonable endeavours to comply with your reasonable requests in respect of the installation of a broadband internet connection but the decision of Call Navigator, or its contractor or agent, on the routing of cables and wires and the positioning of outlets and other apparatus shall be final and binding. You agree to provide such assistance as we shall reasonably require in connection with the installation including, without limitation, providing access to the premises and providing a suitable location for the installation of any associated equipment.

You must allow us (or any associated supplier, contractor or agent) to have access to your premises at all reasonable hours for the purpose of installing, testing or maintaining the Service and must provide a safe and suitable environment for such access visits.

Where required, you agree to provide a secure electricity supply with such connections as specified by Call Navigator or its contractor or agent. This power supply is to be paid for and provided by you. Your service may cease to function if there is a power failure and we shall not be responsible for interruption or failure of the Services caused as a result.

During the installation of equipment and/or a broadband internet connection, associated services may suffer a temporary loss of service (which shall be reinstated following installation). There may also be interference to other apparatus or equipment used by you. In such circumstances there will be no liability to Call Navigator.

You shall be responsible for the repair and maintenance of all equipment used in conjunction with the Services. You shall ensure that all such equipment complies with any applicable law and shall immediately disconnect any equipment that does not, or ceases to, conform to applicable standards. We reserve the right to disconnect (or require you to disconnect) any equipment if you do not fulfil your obligations under this paragraph or if, in our opinion, such equipment may cause the death of or personal injury to any person, or damage to property, or materially impair the quality of any telecommunication service provided by means of our network. You agree to immediately disconnect such equipment at our request.

 

3. Broadband Internet Connections

In order for you to be able to use some Services, we may supply you with a broadband internet connection, generally provided using an existing or specially installed telephone line, provided by a third party (e.g. BT).

In order for us to supply such a broadband internet connection, the underlying telephone line must meet certain technical and performance standards. Where it fails to meet such standards, you agree that we are not responsible for any subsequent failure in the performance of the broadband internet connection. Where you are unable to arrange supply of a suitable telephone line, you agree that we may, without prejudice, terminate the broadband internet connection.

You remain responsible for all charges and payments associated with this telephone line.

We shall attempt to arrange for the broadband internet connection service to commence on the installation date agreed, but such an installation date is an estimate only and we shall not be liable for any failure to meet it.

We will not allow the broadband internet connection to be transferred to premises other than those in which it was originally installed.

In order to use the Services, we may allocate various Internet Protocol Addresses (“IP Addresses”) to you from time to time. Such addresses shall at all times remain our sole property and you have a non-transferable licence to use and allocate such addresses for the duration of this Agreement.  Upon the termination of this Agreement, for whatever reason, your licence to use and allocate such addresses shall automatically terminate and thereafter you will not use or allocate the same.

There may be a password and/or username associated with the broadband internet connection - we reserve the right to change this password or username at any time at our sole discretion.

 

4. Charges and Payments

The Services attract connection charges and, in some cases, recurring and usage charges. By signing up to the Services, you agree to pay these charges. We reserve the right to change these charges from time to time, although we will try to inform you of any changes in advance.

Usage and recurring charges will be billed to you monthly, with an interim bill being levied if your account exceeds a pre-set limit. Recurring charges are normally payable monthly in advance. These charges will be applied to the credit or debit card you registered with us when you signed-up or which you later amend, or collected by any other means of settlement agreed between us from time to time. We reserve the right to charge you interest on any unpaid amounts at a rate equal to three per cent above the base rate from time to time of HSBC Bank plc. We also reserve the right to suspend your use of the Services without notice if bills are unpaid.

When a bill payment has been successfully taken we will send an email notification and VAT invoice to your current email address as held on our system. You must inform us promptly if you believe the bill to be incorrect, and it is your responsibility to keep your e-mail address and payment details up to date. In the absence of obvious error, the records which we collect of the usage of the Services will be considered to be correct. 

 

5. Service Misuse

You must not misuse the Services or permit anyone else to misuse them. Examples of misuse are:

• Sending messages or making communications which are offensive, abusive, indecent, defamatory, obscene or menacing;
• Using the services for fraudulent, illegal or immoral purposes, or to cause annoyance, inconvenience or needless anxiety;
• Failing to carry out any reasonable instructions from Call Navigator which we believe to be necessary in the interests of safety or to maintain the quality of the Services;

You must, at all times, ensure that you use the services (including any telephone numbers, IP Addresses etc supplied by us) in accordance with all applicable laws and regulations.

We may suspend your use of the Services or terminate this Agreement if you misuse the Services or use them in contravention of any applicable law or regulation.

 

6. Indemnity

The Customer indemnifies Call Navigator against any claims or legal proceedings (including damages, costs and expenses) arising solely from the Customer’s use of the Services which are brought or threatened against Call Navigator by any third party, including any loss, damage or expense as a result of:

1. any unauthorised access to, or use or misuse of, the Services by any employee, agent or sub-contractor of the Customer; or
2. any unauthorised access to, or use or misuse of, the Services by any third party if such access, use or misuse was permitted or facilitated by such employee, agent or sub-contractor.

 

7. Complaints

If you have a complaint about the service, then you should inform us. However if we are unable to resolve the dispute with you, or you are not satisfied with our handling of the dispute after 40 working days, then you may be entitled to use our arbitration service provided by The Telecommunications Ombudsman (Otelo, www.otelo.org.uk) which has been approved by Ofcom. For further details see our website.

 

8. Use of Personal Information

Any information ("information") which you give to us or which we obtain or receive about you or which you give to our sub-contractors or agents, will be held and processed by us by computer or otherwise.

We may use your information:

1. to help us detect fraud or loss,
2. for credit clearing purposes,
3. to assess your needs and to keep you informed of other products and services (including those supplied by third parties) which may interest you,
4. for statistical analysis, management and planning in connection with our business.

We may disclose your information to:

1. other companies associated with us, in the same group of companies, for the above purposes
2. our suppliers, sub-contractors and agents, for the above purposes,
3. third party suppliers of goods and services in connection with their provision of goods or services to you, only where you have authorised us to do so
4. to any person and for any purpose required by our licences

 

9. Intellectual Property Rights

Where software is supplied to enable the Customer to use the Services Call Navigator grants the Customer a non-exclusive, non-transferable licence to use the software for that purpose only.  The Customer shall not copy, modify, reverse engineer, decompile or otherwise endeavour to obtain the source code of the software except to the extent permitted by law.

All intellectual property rights in the software shall remain the property of Call Navigator or its licensors.  The Customer shall sign any agreement required by the owner of the intellectual property rights in the software to protect such rights.

 

10. Confidentiality

The parties will keep confidential any information of a confidential nature obtained under this Agreement (whether written or oral), including but not limited to the prices payable by the Customer for the Services, and will not disclose such confidential information to any person (other than their employees who need to know the information for the purpose of this Agreement and who are under a duty of confidentiality equivalent to this Clause 10 without the prior written consent of the other party.

This Clause 10 will not apply to any information which has been published other than through a breach of this Agreement, information lawfully in the possession of the recipient before this disclosure under this Agreement took place, information obtained through a third party who is free to disclose it and information which a party is required by law to disclose.

 

11. Limitation of Liability

Call Navigator will only be liable to the Customer for claims made in writing within six months of the date on which the Customer becomes aware, or ought reasonably to have become aware, of the grounds of such claim.  Otherwise, and subject to the next paragraph, Call Navigator’s total liability to the Customer in connection with this Agreement, whether in contract, tort or otherwise is limited to £1,000 in respect of any single occurrence or series of occurrences whether successive or concurrent in any twelve month period.

Call Navigator shall not in any circumstances be liable to the Customer whether in contract, tort or otherwise for direct or indirect loss of profit, loss of anticipated business savings or wasted expenditure or for any indirect or consequential loss, corruption or destruction of data whether or not Call Navigator was advised or aware of the possibility of such damage, losses or expenses.

Nothing in the foregoing shall operate to exclude or limit Call Navigator’s liability for personal injury or death caused by its negligence.

 

12. Termination

Either we or you may terminate this Agreement with immediate effect by giving written notice to the other if the other:

1. commits a material breach or persistent breaches of this Agreement (including a failure to pay any sums due under this Agreement) and, where such breach is capable of being remedied, fails to do so within 14 days of written notice to do so;
2. is subject to bankruptcy or insolvency proceedings, becomes insolvent, makes any composition or arrangement with or assignment for the benefit of its creditors, or goes into either voluntary (otherwise for reconstruction or amalgamation) or compulsory liquidation, or a receiver or an administrative receiver is appointed over its assets.

Call Navigator may (without losing or reducing any other right or remedy) suspend the Services in whole or in part without notice if:

1. within 10 days of a written demand being sent to the Customer, at the current e-mail address which you have notified to us, you fail to pay any charges due to Call Navigator under this Agreement;
2. the Services are used in breach of Clause 5.

Call Navigator may terminate this Agreement with immediate effect on written notice in order to comply with the decision or action of a competent regulatory authority.

There is a minimum contract period after which the Customer may terminate this Agreement subject to a notice period. The minimum contract period and the notice period are set out in the order form that you complete, whether online or on paper.

Unless the Service is terminated by us without cause you shall not be entitled to a refund of any charges paid.

In order to ensure efficient use of number capacity, Call Navigator reserves the right to recover numbers that remain unused for a continuous period of at least six months.

 

13. Amendment

We reserve the right to add to and/or amend the terms of the Agreement at any time in which case the changes shall be notified to the Customer by posting on the Call Navigator website and shall become effective 14 days from the date of posting.

 

14. Miscellaneous

Some services, including delivery of calls to Emergency Services, are provided on behalf of Call Navigator by Coulomb Ltd who are approved by Ofcom as a provider of Publicly Available Telephone Services. 

Call Navigator and Call Navigator IP are registered trademarks. Call Navigator is a trading name of Reality Telecom plc.

 

15. Notices

A notice given under this Agreement must be in writing and may be delivered by hand or sent by e-mail, facsimile or post to the addressee at any e-mail address, facsimile number or postal address supplied previously for this purpose.  Any such notice shall be deemed to be served (in the case of post) at the start of business on the next business day and (in the case of e-mail or facsimile) at the time of transmission.

 

16. Assignment

The Customer must not assign or otherwise transfer any of its rights or obligations under this Agreement.

 

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