Terms and Conditions
These terms and conditions apply to your purchases and use of eazyTel products and services. eazyTel is a service owned and operated by Microtalk USA Inc.
"we", "us" or "Microtalk USA" means Microtalk USA Inc, a company registered in Florida with registered number P15000012078 and with its registered office situated at 1110 Brickell Ave., Suite 430K-68, Miami, FL 33131, United States.
“Website” - means the eazyTel web site at www.eazytel.com
“Service” - means the calling services offered through our Website from time to time and which are provided by us to you under this Agreement;
“User”, "you" and "your" means you, being a person having or using, or authorizing another individual to use, a User Account.
"Charges" - means the charges to be paid by you for the Service calculated according to the prices and rates set out in our price lists (available on our Website or upon request) or otherwise notified to you (some of these Charges are set out at clause 6 below);
"Competent Authority" - means OFCOM or any other competent Government department or any regulatory body;
“IVR” means a telephone-based interactive voice response system;
"Network" - means the electronic communications systems run or procured by us for the purpose of providing the Services;
“PIN” – means a four-digit personal identification number which we provide for use with your Account;
“User Account” and “Account” means the account set up by us with a unique account number corresponding to either a mobile phone number or a fixed line number provided by you which may be credited with value purchased by you, which value may be used for the purchase of Services and from which applicable Charges are deducted;
2. Commencement of this Agreement
2.1 You must be 18 years or older to open a User Account.
2.2 A User Account can be opened through our Website, via our call centre, or via our IVR, or at designated retail locations. In order to be assigned a User Account and make use of the Services, you must complete the application process by providing your details. Your completion of an application or use of the Services indicates your agreement to these Terms and Conditions, and your agreement to the immediate commencement of the Agreement between you and us from the moment you are accepted as a customer, and the provision of Services to you.
2.2 If you are a consumer (as defined in distance selling legislation), and you have applied for your account via our call centre, the website or via our IVR you have the right by law to cancel the contract within seven working days of the commencement of the Agreement, without giving a reason, However, you agree that the first time you use the Services, you will immediately lose your right to cancel the Agreement.
3. Our obligations to you
3.1 We will provide the Services to you in accordance with this Agreement and subject to availability, provided that nothing herein shall require us to provide, or continue to provide Services to you if we determine that you are not eligible. We shall provide the Services in the manner of a reasonably skilled electronic communications service provider.
3.2 We cannot promise that the Services will be provided fault-free and without interruption. We are not liable for poor call quality, a call being cut off for any reason or for any failure, delay, suspension, restriction or interruption of Services.
3.3 The Service does not include the connection from your telephone or data network to our network. Our Services may be dependent on the provision to us of services by third party operators. We are not responsible to you for any faults or interruptions caused by them.
3.4 We may, at our discretion, improve, update or upgrade the Services or alter the provision or means of provision of the Services (including altering any telephone number used or method of allocating the Services). We shall not exercise our rights under this clause to your detriment without good reason.
4. Your User Account (one|account)
4.1 To use the Services, you must credit your User Account with sufficient value. You may top-up your User Account balance through a variety of payment means which we may change at any time. We reserve our right to collect the full amount due if your form of payment is cancelled, disabled, discontinued or otherwise dishonoured after your use of the Services.
4.2 You will not use or allow use of the Services for any improper, immoral, offensive, defamatory, fraudulent, illegal or unlawful purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide the Services to you or to other customers; or (2) violates applicable law or this Agreement; or (3) avoids your obligation to pay for the Services; or (4) is not for consumer use.
4.3 If you or any other person whom you allow to use the Services do not comply with any provision of clause 4: (a) you shall indemnify and hold us harmless against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated or suffered as a result of such non-compliance and (b) we may suspend the Services immediately without notice and without incurring any liability on our part.
4.4 You acknowledge that the Services are for your personal use only and you will not re-supply or resell or otherwise make the Services available to any person on a commercial or any other basis. You are responsible for ensuring that only persons authorised by you use the Services via your Account and you agree to pay all charges relating to use of the Services including, but not limited to, the use or misuse by an unauthorised third party or accidental use. Notwithstanding the above, in the event of any unauthorised use of your Account, you must inform us in a timely manner.
4.5 We may offer promotional or discretionary Free Bonus Credit from time to time when you make a payment. Any Free Bonus Credit is not transferable between different tariffs and expires after 30 days. Free Bonus Credit may only be redeemed through the use of Our Services. Credit shall expire at the end of each month as detailed below: Account Balance £15.00 to £34.99 . Expiry £1.95 Account Balance £35.00 to £57.99 . Expiry £4.95 Account Balance £58.00 to £85.99 - Expiry £9.95 Account Balance £86.00 to £125.99 . Expiry £19.95 Account Balance £126.00 to £250.99 . Expiry £29.95 Account Balance £250.00 to £400.00 . Expiry £59.95 Account Balance £401.00+ . Expiry £79.95 Any remaining credit will expire 90 days after your last payment.
4.6 We may, in our sole discretion, limit the number of User Accounts you open or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open a User Account and reserve the right to close any User Account (with a corresponding refund) if the number of Your Accounts exceeds any limit which we choose to impose.
4.7 Our Services are provided to You on the basis that we do not expect to be Your sole or primary service provider and as such, Our Services do not support emergency calls (999, 911) or Directory Enquiries calls (118xxx).
5. Using the Services
5.1 Call From Home and Mobile Service
5.1.1 The telephone number you provide upon opening your User Account will usually be automatically recognized by our systems, without the need for you to use your PIN. You are responsible for preventing the unauthorised use of your User Account and the Services, and you are responsible for any reduction in value of your User Account arising out of either authorised or unauthorised use.
5.1.2 In the Confirmation Message, you will have been provided with an Account Number and PIN to make calls from telephone numbers other than the number you have registered with us. If you do not have the Confirmation Message, you can obtain your Account Number and PIN by calling Customer Services. You must at all times keep such Account Number and PIN (including any replacement PIN that we provide to you) confidential and secure, and you must tell us immediately if such is disclosed to any unauthorised person.
5.2 Sim Service
5.2.1 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.
5.2.2 The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile telephone chosen and used by you.
5.2.3 The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. Microtalk USA does not have any control over the contracts or service quality levels agreed between these telecommunications operators.
5.2.4 For the reasons described above, Microtalk USA does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.
5.2.5 Microtalk USA will endeavour to keep any disruption to the Services to a minimum; however Microtalk USA will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above.
5.2.6 Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.
5.2.7 Our Customer Services Department can supply details of the other mobile operators we have porting arrangements with from time-to-time.
5.2.8 The SIM Card is used by inserting it into a compatible GSM mobile telephone. When the SIM Card has been inserted and you have registered or activated your Account, you will have access to, and be able to use, the Services.
5.2.9 The SIM Card remains the exclusive property of Microtalk USA. You must retain the SIM Card and not lose or damage the SIM Card. Microtalk USA will only replace a SIM Card where it is found to be defective by reason of faulty workmanship or design. Microtalk USA may charge you for a replacement SIM Card where Microtalk USA reasonably believes that you are responsible for the loss or damage of your original SIM Card or where someone has stolen your original SIM Card. It is your responsibility to promptly inform Microtalk USA of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card. You agree that once you start using the Services or the Top Up Services you will lose any right to cancel this Agreement under distance selling legislation.
5.2.10 If you do not use your SIM Card to make a voice call, or send a message or data for a period of ninety (90) days from the date of your last use of the Service, Microtalk USA may deactivate your SIM Card.
5.2.12 Once a SIM card has been deactivated, it cannot be reactivated and the number(s) associated with the SIM will be reallocated to other customers.
5.2.13 Microtalk USA can offer advice on how to unlock your phone such that it would work with a Microtalk USA SIM. It is your decision as to whether to unlock you phone and to follow any advice. Microtalk USA is not responsible for any issues associated with the unlocking of your phone.
5.3 VoIP Service
5.3.1 The quality of VoIP calls is dependent upon the quality of your data connection to the internet (speed and contention) from your Internet Service Provider.
5.3.2 Any software provided by Microtalk USA for use in conjunction with the VoIP service remains the property of Microtalk USA.
5.3.3 Microtalk USA is not responsible for any charges incurred in accessing our services, including data charges from your Internet Service Provider.
5.3.4 Should you be using Our Services from a computer, any loss of power to the computer will make the VoIP Service unavailable.
5.4 Magic Number Service
5.4.1 Clause 5.5 applies to the Magic Number Service.
5.4.2 Any number allocated to You under the Magic Number Service remains the property of Microtalk USA and We reserve the right to remove any Magic Number from your account at any time and to reallocate it to another customer or service with 7 days notice.
5.4.3 Any Magic Number which has receive no incoming calls in the last 30 days may be removed from your account and reallocated to another customer.
6.1 You shall pay the Charges in relation to your use of the Services. The cost of all calls made by you and any other Charges incurred shall be deducted from the balance outstanding on your Account. Once the whole of the balance of your Account has been used you shall not be entitled to make any further use of the Services unless you credit your Account by purchasing additional value. We reserve the right to vary the Charges in accordance with clause 12.
6.2 Call charges calculated by adding the Rate to any Surcharge (as shown on Our website) and are rounded up to the next whole minute and whole pence. All calls for which we receive answer supervision shall incur a minimum one-minute charge. There is a connection charge of between 0p and the published per minute rate. You may be charged by your landline or mobile service provider for calling our access numbers – you will need to check with them to confirm their charges. Calls made from payphones in the UK will carry a 15 pence (£0.15) per minute surcharge.
6.3 We rely on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment.
6.4 You must notify us of any disputed charges within thirty (30) days of the charges or you will have waived your right to dispute the charges.
7. Suspension of Services
7.1 We may suspend immediately the provision of the Services (or a part of them) to you until further notice without compensation
7.1.1 for repairs, maintenance or improvement;
7.1.2 in the event that we have reason to suspect illegal, unlawful or fraudulent activity or misuse of the Services or your Account or any breach by you of this Agreement;
7.1.3 in the event that we are required to comply with an order, direction, instruction or request of any Competent Authority; or
7.1.4 the form of payment you have used to fund your Account is cancelled, disabled, discontinued or otherwise dishonoured.
7.2 Any exercise of our right to suspend the Services shall not exclude our right subsequently to terminate this Agreement. We may refuse to restore the Services to you until the matters referred to in clauses 7.1.1 to 7.1.3 are cured or (where applicable) we receive an acceptable assurance from you that there will be no further breach.
8. Your Information
9.1 We may end this Agreement:
9.1.1 by giving you at least 30 calendar days' notice; or
9.1.2 immediately if;
(a) you do not perform or observe any other obligations under this Agreement ("a breach") and where you have breached this Agreement and that breach can be remedied, you fail to remedy the breach within any reasonable time specified by us in a written notice requiring you to do so;
(b) a voluntary arrangement is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against you or a receiver or trustee is appointed on your estate;
(c) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services from us or during the provision of the Services;
(d) you or any other person at your premises use the Services or are suspected, in our reasonable opinion, of using the Services for illegal activities, fraud or attempted fraud;
(e) we are required to comply with an order, instruction or request of any Competent Authority.
10. Limitation of Liability10.1 Our liability:
(a) for death or personal injury caused by our negligence or the negligence of our employees or agents;
(b) for breach of any condition as to title or quiet enjoyment implied by law;
(c) in relation to any other piece of applicable legislation which prohibits contracting out of such liability;
(d) for fraudulent misrepresentation; or
(e) for misuse of confidential information
is not excluded or limited by this Agreement, even if any other terms of this Agreement would otherwise suggest that this might be the case.
10.2 Subject to clause 10.1 and to the extent permitted by law, we do not accept any liability under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any:a) loss of profits;
(b) loss of sales;
(c) loss of turnover;
(d) loss of or damage to business;
(e) loss of or damage to reputation;
(f) loss of contracts;
(g) loss of customers;
(h) loss of, or loss of use of, any software or data
(i) loss of use of any computer or other equipment or plant;
(j) wasted management or other staff time; or
(k) indirect, special or consequential loss or damage and for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
10.3 Subject to clauses 10.1 and 10.2 and to the extent permitted by law our total liability arising from or in
connection with this Agreement and in relation to anything which we may have done in connection with this
Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason)
shall be limited to the lesser of;
10.4 We will not be liable under this Agreement for breach of any of its terms to the extent that the breach concerned arises from:(a) use of any Services other than in accordance with normal operating procedures as notified to you;
(b) any alterations to any Services made by anyone other than us;
(c) any abnormal or incorrect operating conditions; or
(d) any other hardware or software being used with or in relation to any Services, unless this has been approved by us or the relevant statutory process of the connection of apparatus to public communications networking.
10.5 We hereby exclude all conditions and warranties, other than those expressly set out in this Agreement, including any warranties implied by law if and to the extent such warranties and conditions implied by law can be lawfully excluded.
10.6 You assume total responsibility and risk for your use of the Services. All Services are provided on an "as is, as available" basis. We do not warrant that the service is completely error-free or will operate without packet loss or interruption nor do we warrant any connection to or any transmission over the Internet.
10.7 We shall not be responsible for any costs incurred by the User, including mobile phone provider charges, in the event the User incorrectly uses the Services or uses the Services for any unlawful purpose.
11. Assignments and Third Party Rights
11.1 This Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. We have the right to assign both the benefit and burden of this Agreement as part of a business reorganisation together with any associated rights of access and installation at any time to any company or person and you hereby consent to such assignment.
11.2 This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
12. Changing of Terms and Conditions and Pricing
12.1 We reserve the right to change the terms and conditions of this Agreement and/or the Services which we provide to you in the event that;
12.1.1 OFCOM, ICO or any other Competent Authority makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy; or
12.1.2 we reasonably determine that any technical modifications to the Network or change in our trading, operating or business practices or policy is necessary to maintain the Services which we provide to you. Such changes will take effect as soon as they appear on the Website.
12.2 We may, at our sole discretion and without prior notice, change or vary any Charges or rates affecting the Services.
13. Unforeseeable Events
Neither party is liable for any breach of this Agreement (except as regard to your non-payment of Charges) which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, acts of terrorism, explosion, war, military operations, civil disorder, damage to the Network, vandalism, sabotage, industrial disputes or acts of any Competent Authority. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.
14. Entire Agreement and No Representations
14.1 This Agreement represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written. Our agents and resellers are not authorised to amend this agreement or to agree any term which is inconsistent with this Agreement.
14.2 The parties acknowledge and agree that:
If any provision (or part of a provision) is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision (or such part of that provision).
The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.
17.1 Notices given under this Agreement should be delivered by hand or by prepaid first class post or electronic mail either:
17.1.1 to us: at Microtalk USA Inc, 1110 Brickell Ave., Suite 430K-68, Miami, FL 33131, United States or to email@example.com or to any alternative address notified to you (you may also use this address for complaints);
17.1.2 to you: at the postal or email addresses specified by you at the time that you applied for your Account or to an alternative address notified to us.
18. Intellectual Property
All of the trademarks, service marks, symbols, logos, and other identifying indicia used by Microtalk USA and the intellectual property rights thereto (collectively 'Marks' are the property of Microtalk USA or its affiliates and you shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Services and the Website. You are not permitted to commercially resell the Services or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Services.
This Agreement is subject to the laws of England. The parties hereby submit to the jurisdiction of the English Courts.