The terms and conditions set out in this Annex relate to our voice telephony services (“Voice Services”) and are in addition to the standard terms set out above. Any conflict between the Main Body Terms, the Annexes and/or any other document expressly referred to in the Terms will be determined in accordance with clause 19.8.
All definitions used in the main body of the standard terms apply to this Annex.
Any reference to a “clause” is to a clause of the Main Body Terms. Any reference to a “paragraph” is to a paragraph of this Annex.
This Annex relates to the following Voice Services:
We may from time to time amend the Terms, Charges or Services in accordance with clause 14. Whenever we make such changes, we will update the Website to reflect this.
Nature of Voice Services and access to the emergency services
You acknowledge and agree that the Voice Services:
do not offer all of the features of a conventional phone line or phone service; and
may sometimes be unavailable as a result of things over which we have no control, including (without limitation) the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection.
Our Broadband Services are designed to enhance the performance of our Voice Services. Where you use Voice Services in conjunction with Internet connectivity provided by a communications provider other than Gradwell, there may be a greater likelihood of connectivity problems. These problems may affect the quality, reliability and robustness of the Voice Services and, in accordance with clauses 15.4 and 15.5, we will have no liability to you for such problems where they are attributable to third party connectivity and/or hardware.
Your ability to use the Voice Services to make emergency calls by dialling 999 or 112 may be affected by the issues listed under paragraph 2.1. As a result, you should always ensure you have an alternative means of calling the emergency services (such as a mobile phone).
Because of technical constraints and the fact the Voice Services may be used from various locations, your location information may not always be available to the emergency operator and you may need to provide your location information and phone number verbally.
You can only use the Voice Services to call the UK-based emergency services and you cannot use the Voice Services from outside of the UK to make emergency calls.
For each Voice Service Extension or Trunk that you use, you must register with us the physical location where you will be using it. You must keep your location details up to date by updating it as necessary using the Control Panel. Failure to keep your Voice Service location details up to date may result in emergency services being despatched to the incorrect address.
Please note that if we suspend or terminate the Voice Service in accordance with the Terms, you will not be able to use the Voice Service to call the emergency services. However, you can still make emergency calls using the Voice Services where you have run out of credit on your Gradwell account.
We will have no liability whatsoever for any consequences of incomplete or inaccurate location data that you have registered with us being passed to the emergency services.
You must inform all your users of the Voice Services of the information set out in this paragraph 2.
Your responsibility to use Voice Services securely
You are responsible for using Voice Services in line with the information contained in the following two documents and in accordance with any other relevant security advice we may publish on our Website or send to you from time to time:
Compensation may be available if your number port to Gradwell is delayed.
To be eligible for compensation:
You must receive Voice Services solely for use in your personal capacity (i.e. other than within a business context); and
There must be a qualifying delay in porting your telephone number(s) to us (as explained below).
Where we approve your request to port your number to us, we will confirm the scheduled porting date to you in advance (“Porting Date”). A qualifying delay occurs where your number port is not activated within one Working Day of the Porting Date. If this happens, for each day by which the Porting Date is missed, we will pay you 1/40 of the Gradwell porting fee you paid for the relevant porting order. Please note that the compensation is paid on a per order basis and not per number.
Compensation will not be paid automatically. To enquire whether you are eligible for compensation, you should email email@example.com within 30 days of the date on which the relevant number port was activated.
Ownership of telephone numbers
Without affecting your rights relating to number portability set out under Law, you will not own any phone number we allocate to you or you port in, nor will you have any right to sell any such number.
Call data records
An itemised record of the calls you make using the Voice Services is available via the Control Panel (“Call Data Records”). Call Data Records which have not been invoiced are not final and may be validly amended by Gradwell to account for recording or calculation errors up to the point at which we send you an invoice relating to the relevant Call Data Records.
Details of all prices and Call Tariffs set out on our Website are exclusive of VAT.
The prices for our Goods and Services will be those which are set out on the Website at the date on which the Contract is formed (as described in clause 4.3), and will be confirmed on the Order Confirmation.
Pricing – core Voice Services (excluding Call Tariffs and Add-ons)
The prices we charge for the main categories of Voice Services (excluding Call Tariffs and Add-ons) are set out at the following URLs: