Terms – Happiness or your money back
Gradwell Single and Multi User VoIP Package
Satisfaction Or Your Money Back Guarantee
Terms and Conditions of Refund
“General Terms” means the terms and conditions set out here and any other location on the Website referenced therein, which may change from time to time;
“Gradwell Partners” mean those third parties who contract with Gradwell to resell Gradwell’s products and services to end users under a separate agreement;
“party” or “parties” means the parties who are agreeing to abide by the terms hereunder, namely, you, the customer (“you”), and Gradwell Communications Limited (“Gradwell”). Any references to “us” shall be interpreted to mean both parties;
“Products” means the internet telephony or connectivity hardware sold by Gradwell to customers (whether for use in conjunction with Services or otherwise), full details of which are available on the Website or in other published material from time to time;
“Qualifying Period” means the period from 1st December 2012 until such time as Gradwell withdraws the offer of refund detailed herein (the notification of such withdrawal being provided via the Website);
“Service” or “Services” means, as appropriate, the various internet telephony services sold by Gradwell to customers, including but not limited to Voice over Internet Protocol (VoIP) telephony, mobile telephony and broadband connectivity, full details of which are available on the Website or in other published material from time to time;
“Website” means Gradwell’s web presence at www.gradwell.com (including any associated website, web-page, or sub-page of the same);
“Working Days” means any day which is not a Saturday, a Sunday or a bank or public holiday in England.
- The offer of a refund is available if you are a direct customer of Gradwell and have purchased Gradwell’s single user VoIP package (currently costing £4 + VAT per month) during the Qualifying Period for your own personal or business use, providing you comply with the General Terms and those terms and conditions set out herein.
- These terms are supplementary to Gradwell’s General Terms set out on the Website which shall collectively govern the sale and use of the single user VoIP package. Your statutory rights are not affected by this offer.
- When purchasing a single user VoIP package, you are required to pay the relevant monthly fee in advance, as well as an amount of credit to make telephone calls (the current minimum is £10.00).
- The refund is available in relation to any qualifying purchase of the Gradwell single user VoIP package only. No other Products or Services sold or provided by Gradwell, including but not limited to telephone handsets, adaptors or routers, (irrespective of whether they were bought at the same time or in conjunction with the single user VoIP package) are included in this offer.
- Prior to claiming your refund, you must:
- Take an initial care call from Gradwell within the first 14 days from when your single user VoIP package goes live. You agree to reasonably cooperate with the customer service representative and act in accordance with all reasonable instructions issued by Gradwell during or contained in (i) that call, (ii) any subsequent calls, (iii) any emails or other communications from Gradwell;
- In the case of emails from Gradwell’s customer care team, read and where appropriate, respond in a timely fashion; and
- Contact Gradwell to request the refund by contacting customer services on 01225 800 888 and provide a brief explanation as to why you are not happy with the Gradwell single user VoIP package.
- Your refund claim must be received by Gradwell within 30 days of the date of purchase of the single user VoIP package, (that date being evidenced by the Gradwell invoice). Any refund claim received after that period shall not be accepted.
- Refund claims must be submitted by the customer who has contracted with Gradwell to use the single user VoIP package. For the avoidance of doubt, Gradwell Partners shall not be eligible to claim the refund. No third party refund claims shall be accepted.
- Once received, Gradwell shall confirm receipt of your refund claim. The parties acknowledge that no refund claim shall be regarded as received by Gradwell until such confirmation is provided. Gradwell cannot guarantee that the systems you use to submit your claim will be available at all times and no guarantee whatsoever is given in that regard. The parties further recognise that the internet is inherently insecure and that data (whether sent by email or otherwise) can become corrupted and communications are not always delivered promptly (or at all). Gradwell assumes no responsibility for any refund claims that cannot be submitted for technical reasons (whether on the part of either party).
- If Gradwell confirms receipt of your valid refund claim, your single user VoIP package shall be ceased (“SUV Cessation”). If that is the only Service you have purchased which is active or on-going with Gradwell, the contract between us shall terminate at that point. Where you have purchased other Services besides the single user VoIP package which are active or on-going with Gradwell, the contract between us (pursuant to the General Terms and/or any other relevant terms) shall continue unaffected notwithstanding the SUV Cessation. All and any charges associated with telephone calls you have made using the single user VoIP package up to the point at which SUV Cessation occurs shall continue to be owed to Gradwell.
- Following the SUV Cessation, you shall receive a refund to the value of the fee associated with the first month of the single user VoIP package (excluding the cost of calls you have made using the package) which may change from time to time. The refund will be issued to the credit/debit card you paid with or to your nominated bank account within 14 Working Days of the SUV Cessation. The unused portion of any call credit you have paid for shall be added to the refund.
- All costs associated with claiming your money back pursuant to this offer (including but not limited to costs associated with telephone calls to Gradwell or, where relevant, postage costs) shall be the responsibility of and borne by you, the customer.
- The acceptance of any refund claim by Gradwell does not constitute any admission or acknowledgement of liability on the part of Gradwell, whether in contract or tort (including but not limited to any breach of the General Terms or of any terms implied under statute or at common law), as regards the single user VoIP package or any other Service.
- By submitting a refund claim, you agree to be bound by these terms and conditions. Refund claims submitted which are not in accordance with these terms and conditions shall not be valid and Gradwell reserves the right, at its sole discretion, to refuse any such claims at any time during the offer. Gradwell cannot be held responsible in the event that the refund cannot be effected because of any incorrect details provided by you.
- Gradwell may withdraw or amend this offer of refund for any reason at any time. Any relevant purchases of the single user VoIP package made during the Qualifying Period but for which a refund claim had not been submitted before withdrawal or amendment of the offer occurs, shall not be affected by such withdrawal or amendment.
- This offer and the terms and conditions set out herein are governed by English law and the courts of England shall have exclusive jurisdiction over any dispute arising out of or in connection with this offer.