Last updated: 01 August 2010
Act means the Telecommunications Act 1984 and includes any amendments to the act that may be made from time to time.
We/Us means Yooneeq Limited
Customer means the person, partnership or company in contract with Yooneeq Limited direct or via an agent where applicable.
Service means the service or services requested by the customer and to be provided to the customer by Yooneeq Limited.
Agreement means this agreement entered into by and between Yooneeq Limited and the Customer and is subject to both the terms set out on the rest of this website and those herein.
This Agreement shall come into force and effect from the date of acceptance by Yooneeq Limited as indicated by the e-mail date on the order acceptance and shall continue unless terminated by Yooneeq Limited subject to section 9 of this Agreement.
(2) Use of Service
2.1) Yooneeq Limited shall provide the Service to the Customer subject to availability and shall exercise all due care in the provision and maintenance of the Service to provide high quality and reliability.
2.2) All information relating to the Customer collected by Yooneeq Limited in the course of providing the Service shall remain confidential between the Customer and Yooneeq Limited, subject only to the permitted users of that information under the Agreement or as may be required under the Act or any other regulations relating to the Service and except that Yooneeq Limited at its sole discretion may use data about use of the Service by the Customer as part of any report or publication without revealing the identity of the Customer.
2.3) Any incorrect information given by the customer to Yooneeq Limited during and after registration that is incorrect will result in immediate suspension of service.
2.4) The Customer undertakes to use the Services in accordance with the conditions set out herein and such variations as may be notified in writing from time to time to the Customer by whisper.telecoms (A division of yooneeq.com) and in accordance with the Act or any other regulations relating to the Service.
2.5) The Customer shall indemnify and hold harmless Yooneeq Limited against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated with any use of the Service by the Customer or provision of the Service by Yooneeq Limited - this is to say that no claims will be entertained for loss of the service nor will we be held responsible for mis-use of the service by customers.
2.6) The Customer shall not use or allow use of the Service in any matter or for any purpose unlawful or offensive.
2.7) The Customer shall notify Yooneeq Limited immediately upon becoming aware of any failure or malfunction in the Service.
2.8) Yooneeq Limited shall correct any failure or malfunction in the Service as soon as is reasonable practicable.
2.9) The Customer recognises that the Service is not guaranteed to be ‘continuous’ and that there may be periods of time when the Service is unavailable for operational or other reasons.
(3) Provision of Information
3.1) The Customer undertakes to provide to Yooneeq Limited free of charge and in full co-operation any information reasonably required by Yooneeq Limited in order to fulfil its obligations under the Agreement.
3.2) Yooneeq Limited shall at its sole discretion use this information for any credit reference or debt collection purpose including disclosure to and use by its agents acting on its behalf.
(4) Liability & Compensation
Yooneeq Limited shall have no liability whatsoever to the Customer in contract, tort or otherwise, including any liability due to negligence for loss of goodwill, revenue, anticipated savings, profit or for any direct, indirect or consequential financial loss howsoever arising. Your statutory rights as a consumer are not affected by this. We have also been asked to point out that the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 state that liability cannot be excluded for death or personal injury.
5.1) The Customer shall pay for the Service according to Yooneeq Limited’s tariff as amended from time to time.
5.2) Usage charges payable by the Customer shall be calculated by Yooneeq Limited according to data recorded by Yooneeq Limited.
5.3) Yooneeq Limited shall invoice the Customer monthly in arrears for use of the Services and for any standing charges agreed in writing, the Customer is required to maintain the account in credit at all times.
5.4) All sums due to Yooneeq Limited under the terms and conditions of the Agreement are exclusive of Value Added Tax and or any other taxes applicable at the appropriate rate, such taxes to be paid by the Customer.
(6) Suspension of Service
6.1) In the event that the Customer in breach of the Agreement, provision of the Service to the Customer may be suspended forthwith by Yooneeq Limited without liability to the Customer and until further notice.
6.2) Suspension of the Service will entitle Yooneeq Limited to payment on demand of all amounts owed by the Customer under the Agreement whether already invoiced or not.
6.3) The Customer shall pay Yooneeq Limited all reasonable costs associated with such suspension of 1.
Where any number remains unused for a period of 24 hours after the time of subscription, or for a duration of 8 weeks following its last use, Yooneeq Limited reserve the right to withdraw the number and make it available on the site. In this event, the customer accepts that they will be invoiced for any outstanding balance on the account whether they have received an earlier invoice or not.
(8) Number Allocation
Where Yooneeq Limited believe that a single Customer/Organisation registers more numbers than are necessary Yooneeq Limited reserve the right to request further information about the intended use of the numbers. Yooneeq Limited also reserves the right to decline number registrations.
(9) Queries and problems:
Customers have access to contact information regarding the service. E-mail, telephone, fax and postal addresses are made available on the Contact page of this site.
10.1) Without prejudice to their rights under the Agreement expressed or implied the Customer or Yooneeq Limited shall have the right to terminate the Agreement in the event that the other party is in default either in observation of or in performance of its obligations under the Agreement and in the case of rectifiable default fails to rectify the default within a reasonable time specified by the non-defaulting party in writing.
10.2) Without prejudice to their rights under the Agreement expressed or implied Yooneeq Limited may terminate the Agreement in the event that a liquidator, trustee in bankruptcy, receiver or administrator is appointed in respect of the assets and/or business of the Customer or if the Customer is deemed insolvent according to the Insolvency Act 1986, or if any licence under which the Customer operates its business is revoked, amended or ceases to be valid.
10.3) Without prejudice to their rights under the Agreement expressed or implied Yooneeq Limited may terminate the Agreement in the event that its licence under the Act is revoked.
Yooneeq Limited shall have the right to assign, delegate or otherwise deal with their rights under the Agreement in part or in whole. The Customer shall not have the right to assign, delegate or otherwise deal with their rights under the Agreement in part or in whole. This is to enable an account to be transferred to another agent in the unlikely event that Yooneeq Limited should cease trading and does not affect your statutory rights as a consumer.
(12) Entire Agreement
The Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all price agreements, representations or understandings by either party whether oral or written.
(13) No waiver
Failure by either party to exercise or enforce any right conferred by the agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
Any notice, invoice other document which may be given under the agreement shall be deemed to have been duly given if sent to the address shown on the application form.
(15) Force Majeure
Neither party shall be held to be in breach of its obligations under the Agreement, save for obligations to make payments under the Agreement, to the other party for any loss or damage which may be suffered by the other party due to any cause beyond the reasonable control of the first party including but not limited to my act of God inclement weather failure or shortage of power supplies flood drought lighting or fire, strike, lock-out, trade dispute or labour disturbance, act or omission of Government authorities other telecommunications providers, war, military operations or riot.
(16) Governing Law
The Agreement shall be governed by and construed and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts. This is a standard Terms and Conditions document as supplied by Yooneeq Limited, and does not affect your statutory rights as a consumer. Yooneeq Limited reserve the right to amend these conditions without prior notice. Acceptance of service by the customer will be receipt of their number and/or any use made of the service. This implies that the customer has also accepted these terms and conditions and is aware of their content.