Phone Terms

Words and expressions, which appear in these terms and conditions, have the following meanings:

"Agreement " means these terms and conditions in respect of the services. "Account" means the record of all charges due from the customer. "Charges" means the connection fee, service charges; call charges, compensation fee and any other charges payable by the customer. "Order" means the customer's order for the services. "Services" means the provision of those Telephone numbers, telecommunications and other services made available to the customer by CommRich Ltd.

"Network" means the public telecommunications system run by the network operator and used by CommRich Ltd to provide the services. "Price" means the price the customer must pay for the services as specified in the customer agreement form. "Service Provider" Means any third party used by CommRich Ltd to provide a service but excluding a network provider. "Supplemental Conditions" Means any further conditions or limitations to the use of the services contained in any information brochure or other document referred to in the customer agreement form. "Telephone Numbers" Means any telephone numbers allocated to the customer under this agreement.

(a)	Words denoting the singular include the plural and vice versa;
(b)	Words denoting persons include natural persons, bodies corporate, unincorporated associations and Partnerships;
(c)	Reference to any statute or statutory legislation;
(d)	Headings are inserted for convenience only and shall not affect the construction or interpretation of this agreement.

The parties to this agreement are CommRich Ltd and its customer. Each of the services is provided for a minimum of 12 months from the date of its connection (subject to earlier termination by CommRich Ltd). The services are initially supplied to the customer as a package but if CommRich Ltd ceases to supply or suspends the supply of any individual service, or in the event of a new service being supplied, these terms and conditions will continue to apply to any remaining or new services unless CommRich Ltd advises the customer otherwise in writing.

If the customer wishes to terminate any services at least one month's prior written notice must be given to CommRich Ltd no later than one month before and no earlier than two months before the anniversary date of its connection. In addition to the provisions of section 7 below, CommRich Ltd may terminate any of the services on the giving of at least one month's prior written notice to the customer to expire at any time.

CommRich Ltd reserves the right to impose at any time a monthly financial limit for any charges, and may require a pre-payment. If a pre-payment is required by CommRich Ltd, it is the responsibility of the customer to ensure that such prepayment covers all charges, whether invoiced or not.

CommRich Ltd has agreements with telecommunication system operators whereby the operators supply CommRich Ltd with the ability to make and receive telephone calls using the telephone number(s). In circumstances where, under an agreement with a telephone operator, CommRich Ltd has no rights in a telephone number, the operator retains all such rights. In such a case CommRich Ltd can pass no rights in a telephone number, all such rights are retained by the operator. Further details of the situation in respect of any specific telephone number will be provided to the customer on request. CommRich Ltd may port any telephone number to another telecommunications system operator when it sees fit, whereupon CommRich Ltd may by notice make such reasonable changes to this agreement as it reasonably considers being appropriate and the customer shall be bound by the terms of any changes so made. CommRich Ltd will make reasonable efforts to make the services available at all times. However, the quality, nature and availability of the services may be affected by factors outside CommRich Ltd control. CommRich Ltd shall have no liability to the customer to the extent that the services are unavailable or impaired as a result of any such factors. The customer shall not use the services:-

For any improper or fraudulent use, or as a hoax call to emergency service, or of a defamatory, offensive, abusive, obscene, indecent or menacing character, or in any matter that will or may constitute a criminal act or a violation or infringement of the rights of any person, firm or company (including but not limited to rights of confidentiality or copyright).

The customer shall not advertise any telephone number or any other of the services in or on a telephone box.

The customer shall notify CommRich Ltd in writing of any period in which any telephone number is likely to exceed the threshold for that telephone number.

CommRich Ltd may cancel this agreement any time before the services are activated

If the agreement is cancelled under this clause CommRich Ltd will repay the charges to the customer.

This agreement shall commence on the date specified in the customer agreement form and shall continue for a minimum period of 12 months.

(a)	The customer shall not use the services or permit the services to be used:
	i	For any improper, immoral, fraudulent or unlawful purpose;
	ii	For transmission of any material which is of a offensive, abusive, obscene or menacing character;
	iii	In a manner that infringes the rights of any third party;
	iv	In a manner which may injure or damage any person or property or cause the quality of the services to be impaired.
(b)	The customer shall not obtain or try to obtain the services by any devise with intent to avoid payment.
(c)	The customer shall take reasonable precautions to keep its password secret and to notify CommRich Ltd immediately if it suspects that unauthorised persons may be using its password.
(d)	The customer shall comply with all reasonable instructions issued by CommRich Ltd from time to time.
(e)	The customer must immediately give CommRich Ltd written notice if it changes its name or address or if there is a change in the details or conditions of the direct debit or payment card account by which the customer pays the charges.

The customer agrees to indemnify CommRich Ltd against all liabilities, claims, losses, damages, expenses and proceedings arising from or in any way connected with this agreement by the customer.
CommRich Ltd can supply you with premium rate numbers but it is your responsibility to obtain a licence from ICSTIS who are the governing body, this must be done before your numbers can be connected.

Charges are shown on the price list. The customer shall be liable for all charges for there service. VAT (and any other applicable taxes) shall be added to all bills at the relevant rate where applicable. The price of making calls to a telephone number is determined by telecommunications system operators and will be subject to changes in cost and rate at any time and without notice.

Full payment is due when the customer has received a bill, or if before, when the customer is deemed to receive the bill. If full payment for a service is not received within 7 days of the due date, CommRich Ltd has the right to suspend services.

Payment by cheque or backs will only reserve a service, which may not be available on receipt of the payment; in this instance, alternative options are offered.

If a customer wishes to dispute the correct amount of any charges on the bill, such dispute must be notified in writing within 30 days of the date of the bill, failing which the customer shall be deemed to have accepted the correctness of the charges. If the customers dispute is subsequently upheld the relevant sums shall be refunded to the customer, or offset against, any other accrued but unpaid charges, as CommRich Ltd considers appropriate.

The customer must pay CommRich Ltd invoices in full within 14 days after the date of the invoice.

The customer shall be liable for any charges relating to any period of suspension except where services are suspended for 7 days or more for the purpose of repair or maintenance.

CommRich Ltd considers in its absolute discretion that the customer may be unable to pay its debts as they fall due, or

CommRich Ltd has reasonable grounds to believe that any information provided by the customer in the order is false, or that the customer is about to breach the terms of these conditions, or

The customer acts in such a way that in the reasonable opinion of CommRich Ltd the operation of services or any part of the telecommunications network may be jeopardised or impaired.

If the customer terminates this agreement or any other agreement with CommRich Ltd or any associated company, or CommRich Ltd terminates this agreement or any other agreement with the customer, or any associated company terminates any agreement with the customer, the customer agrees with CommRich Ltd:

(a)	On CommRich Ltd own behalf, that the company shall pay to CommRich Ltd all charges under this agreement related to the period up to and including the date of termination within 7 days of the date of termination, and
(b)	As agents for every associated company that, as additional consideration for CommRich Ltd agreeing to enter into this agreement, the customer shall pay all charges under this agreement between the customer and an associated company.

Nothing in this agreement shall limit CommRich Ltd liability for death or personal injury caused by CommRich Ltd negligence.

CommRich Ltd will not be liable for any false or misleading information given by any dealer, agent or other representative.

Neither party shall be liable for the other for failure to comply with its obligations under this agreement.

CommRich Ltd may for any reason including but not limited to network statutory or regularity requirements vary any of these terms and conditions provided CommRich Ltd gives as much notice to the customer as is reasonably practical.

CommRich Ltd may vary the charges from time to time provided CommRich Ltd gives as much notice to the customer as is reasonably practicable.

Neither party shall be liable for any breach of this Agreement to the extent that such delay or non-performance is due to any event, which is outside its reasonable control. Including but not limited to fire, lightening, flood, exceptionally severe weather, explosion, war, civil disorder, industrial disputes, fuel or power supply failures or shortages, acts or omissions of other persons (including Network operators and service providers) acts of government or other public regulatory authorities.

Details of the customer's name, address and payment record may be given to a credit reference agency.

CommRich Ltd may pass the customer's details to other subsidiary companies of CommRich Ltd and CommRich Ltd's agents or sub-contractors.

CommRich Ltd agrees to fulfil its obligations imposed by the Data Protection Act 1998

Either party may terminate this agreement by giving three months written notice to the other to expire not less than twelve months after the date of this agreement or at any time after that date.

Either party has the right to terminate this agreement immediately if the other party is subject to a bankruptcy order (or a sequestrated in Scotland or adjudicated bankrupt in Northern Ireland) or becomes insolvent or makes any arrangement with or for the benefit of creditors or (if a partnership) ceases training or a receiver, administrative receiver or a liquidator is appointed over its assets or is subject to an administration order.

CommRich Ltd may terminate this agreement immediately if:
(a)	It is discovered that the customer has provided information to CommRich Ltd which is false or misleading;
(b)	The customer is in breach of any provision of this agreement and (where such breach is remediable) fails to remedy that breach within 14 days of a written notice from CommRich Ltd specifying the breach;
(c)	The customer is in breach of any of its obligations under any other agreement with CommRich Ltd ;
(d)	The customer fails to make any payment when it becomes due;
(e)	Any licence to run the services, however issued, is revoked terminated or modified for any reason in whole or in part.

The customer may terminate this agreement by giving CommRich Ltd written notice where CommRich Ltd is in breach of its obligations under this agreement.

(a)	If before twelve months from the date of this agreement CommRich Ltd terminates the agreement by reason of the customer's significant breach of this agreement, the customer must immediately pay the charges up to the anniversary date of the agreement in addition to any other outstanding charges.
(b)	If either party terminates this agreement for any reason after twelve months from the date of this agreement the customer must pay the charges outstanding at the date of termination as well as the charges outstanding up to the next anniversary.
(c)	If CommRich Ltd terminates this agreement by reason of the customers breach of any of its obligations set out in clause 6 above, CommRich Ltd may claim any damages losses or expenses arising from the breach.
(d)	After termination of the agreement CommRich Ltd will immediately stop providing the services and may reallocate any telephone number as it sees fit.
(e)	Termination of this agreement for any reason will not affect any rights of either party before the termination.

(a)	Any notice or other document to be given under the agreement shall be given in writing to the addressee at its last known address and shall be deemed to have been received within 48 hours of posting or 24 hours if sent by electronic mail to the correct electronic mail number of the addressee.
(b)	Where two or more persons constitute the customer their liability is joint and several.
(c)	This agreement constitutes the entire agreement between the parties and shall supersede all promises, representations, warranties or other statements whether written or oral of any nature whatsoever or contained in any leaflet brochure or other document given by one party to the other concerning such subject matter.
(d)	CommRich Ltd agents are not authorised to make any representation concerning the services and no representations shall bind CommRich Ltd unless they have been confirmed in writing by a director of CommRich Ltd .
(e)	In the event that any of these terms or conditions are held to be invalid or unenforceable this shall not affect the validity and enforceability of all remaining provisions.
(f)	Where the agreement relates to more than one service the agreement shall be deemed to be a separate and severable agreement in respect of each service whether or not supplied contemporaneously with the agreement.
(g)	CommRich Ltd may recall any telephone number which has been issued free of charge in the event that no call traffic is generated by the numbering any consecutive 120-day period.
(h)	The agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the jurisdiction of the English Courts.

Available only on some prefixes. Further information from CommRich Ltd. If ordered, the name and address for your directory entry will be based on information in section 1 customer details unless otherwise specified in writing to CommRich Ltd.

Where alphanumeric interpretations are used, it should be noted that the telephone keypads increasingly conform to European standard ITV TE 161, however, not all telephone keypads conform to this standard.

CommRich Ltd will use all reasonable endeavour to provide the best possible service but due to the nature of the services, it is impossible to provide a fault free service. Factors outside the control of CommRich Ltd include the networks accessed by the customer when using the service.

Data supplied by the relevant Network is the sole data source used in calculating on a rebate or minimum minute’s scheme. The minimum duration of qualifying calls on a rebate scheme is 20 seconds.

Deposit is required (£500). This is a supplementary service provided at the discretion of PNC. This allows certain personal numbers to be diverted to telephones outside the UK.

If diverted internationally: The number owner is billed by CommRich Ltd for all calls to an 07000 number which are received on terminating phone number outside the UK.

The cost of calling these numbers is determined by the PSTN operators and will be subject to variation by those operators. Costs are shown below for calls made from a standard BT line. The customer is responsible for informing their callers of all such costs.

Calls to 07074 from a fixed landline are charged at BT or other companies "k" rate.

Calls to 070778 from a fixed landline are charged at BT or other companies "k" rate.

When the number is terminating on a UK landline, calls are charged to the number owner at 9/6 ppm. Per second charging. Minimum 20 seconds. Rounded up to nearest 1p.

This is a UK only service. Some notice to the customer as is reasonably practical.

Calls are charged to the caller at the National rate or the caller’s service provider.

If the number is diverted to a mobile, the number is charged at 33/24ppm. Per second charging. Minimum 20 seconds. To nearest 1p.

Where any number has been issued free of charge CommRich Ltd reserve the right to withdraw the number without notice if less than 10 minutes of call usage in any three months period.

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The fees payable to CommRich Ltd in respect of the Initial Service are specified in the application form.

All charges are exclusive of VAT and any other applicable purchase tax, import and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.

If the Client is overdue with any payments hereunder, then without prejudice to CommRich Ltd other rights and remedies the Client shall be liable to pay to CommRich Ltd a flat fee of £15 for each correspondence as well as interest on the amount payable at an annual rate of 5% above the prevailing base rate of Lloyds Bank Plc, which interest shall accrue on a daily basis from the date payment becomes overdue until CommRich Ltd has received payment of the overdue amount together with all interest.

Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an "event of force majeure"), provided the same arises without the fault or negligence of such party and the affected party notifies the other party within two (2) working days of becoming aware of the same of such event of force majeure and the manner and extent to which its obligations are likely to be prevented or delayed, and provided also that the occurrence of any such event of force majeure shall not have the effect of discharging or postponing the affected party's payment obligations hereunder.

If any event of force majeure occurs, the date(s) for performance of the obligation(s) affected shall be postponed for so long as is made necessary by the event of force majeure provided that if any event of force majeure continues for a period of or exceeding 30 days, the non-affected party shall have the right to terminate any agreement governed by these Terms and Conditions forthwith on written notice to the affected party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure.

All information, drawings, specification, documents, contracts, design material and all other data, which either party may have disclosed and may from time to time disclose to the other party relating to its business, clients, prices, services, requirements, the Software, the Web Site, the Services and these Terms and Conditions, including any technical specifications (the "Confidential Information"), are proprietary and confidential to the disclosing party.

Each party hereby agrees and undertakes to the other that it will use such Confidential Information and all other data solely for the purposes of these Terms and Conditions and it will not, at any time during or at any time after the completion, expiry or termination of any Agreement use or disclose the same whether directly or indirectly, to any third party without the other party's prior written consent.

Each party further agrees and undertakes that it will not itself or through any subsidiary or agent use, sell, licence, sub-licence, create, develop or otherwise deal in any Confidential Information supplied to it by the other party or obtained while performing any Agreement.

Each party will ensure that each of its employees, agents or sub-contractors will comply with the provisions contained within this Clause.

The provisions of this Clause do not apply to any confidential information or data which :-

is or becomes freely available in the public domain through no default of the receiving party; or

is required to be disclosed by any court of competent jurisdiction or statutory or regulatory authority; or

is received from a third party which owes no duty of confidentiality in respect of such information.

Each party shall for the duration of any agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.

Except as expressly stated herein to the contrary, all notices and other communications required or permitted to be given under these Terms and Conditions shall be in writing and shall be delivered or transmitted to the intended recipient's address as specified above or such other address as either party may notify to the other for this purpose from time to time. Any notice shall be treated as having been served on delivery if delivered by hand, two working days after posting if sent by pre-paid registered mail, on delivery if sent by courier and on confirmation of transmission if sent by facsimile. For the avoidance of doubt, notice under these Terms and Conditions shall not be validly served if sent by e-mail.

Either party hereto may only assign any Agreement in whole or in part to any third party with the prior written consent of the other party (such consent not to be unreasonably withheld or delayed). For the avoidance of doubt, CommRich Ltd may and shall, as it deems fit, sub-contract part or all of its obligations under these Terms and Conditions.

The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to these Terms and Conditions does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party's right later to enforce or to exercise it.

If any term of these Terms and Conditions is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and Conditions and shall in no way affect the legality, validity or enforceability of the remaining terms.

These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to any agreement governed by these Terms and Conditions except as expressly stated in these Terms and Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into any Agreement (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in these Terms and Conditions.

Provisions of these Terms and Conditions which either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination, shall remain in full force and effect notwithstanding such termination.

The relationship of the parties is that of independent contractors dealing at arm's length. Except as otherwise stated in these Terms and Conditions, nothing in these Terms and Conditions shall constitute the parties as partners, joint ventures or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.

The parties shall at the requesting party's reasonable expense do and execute all such further acts and things as are reasonably required to give full effect to the rights given and the transactions contemplated by these Terms and Conditions. Any valid alteration to or variation of these Terms and Conditions must be in writing and signed on behalf of each of the parties by a duly authorised officer.

The construction, validity and performance of these Terms and Conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts to resolve any dispute between them.