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By enrolling in, using, or paying for the services, you agree to the prices, charges, terms and conditions in this Agreement. The Barebones Communications "Terms of Service" contains the specific prices and charges, service descriptions, and other terms and conditions not set forth here that apply to each of your Services.
Any updates to the Terms of Service will be posted on our Web site at http://www.Barebonescommunications.com
Service Provisions:
Barebones Communications Agreement
The Barebones Communications Agreement ("Agreement") is your Agreement for Barebones Communications services and incorporates the terms of your service plan and the most recent Barebones Communications Terms and Conditions of Service ("Ts and Cs"). Carefully read these terms. Copies are available on our website. We may occasionally modify the Ts and Cs, please ensure that you have the most current version.
Barebones Communications Calling Plans: Your service is a month-to-month agreement. You may terminate your Agreement at any time.
A. Calls from a Barebones Communications phone/device to another Barebones Communications phone/device are Unlimited.
B. The Service user agrees at the time of initiation that they will provide first months payment in advance.
C. All of Barebones Communications Plans can include a DID number that allows you to receive calls from the PSTN (Public Switched Telephone Network) outside of the Barebones Communications Network.
You remain responsible for all charges incurred prior to the confirmed cancellation of the service (see 2. Suspending and Cancelling the Services).
1. Charges and Payment
A. All prices shown are ex-VAT.
B. General: You agree to pay us for the Services at the prices and charges listed in the Terms of Service/Tariffs.
C. Price Changes: We may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective no sooner than one (1) day after we post them on our Web site at www.barebonescommunications.com. Increases to charges that recover our costs associated with value added taxation changes are effective immediately in accordance with government directives. Barebones Communications will also provide you with the notice of rate increases via a courtesy email notification,
D. Payments/Late Fees/Interest (post-pay accounts): You must pay all bills or invoices before the due date and in UK Sterling. If payments are not received at the billing office by the date they are due, your account is subject to disconnection. You will be charged a £29.95 + VAT reconnection fee to cover administration costs if your service is disconnected in addition to the outstanding balance owed. If your cheque, bank draft, or electronic funds transfer is returned for insufficient funds, we will charge you an additional £15 + VAT (or 2% of the outstanding bill amount, whichever is greater).
E. Charges and Billing (post-pay accounts): Charges accrue through a full billing period. We may pro rata or adjust your bill if the billing period covers less than or more than a full month. We will determine the format of the bill and the billing period, and we may change both the bill format and the billing period from time to time.
F. Taxes and Other Charges: You must pay all taxes, fees, surcharges, and other charges that we bill you for the Services. Taxes and surcharges will be in the amounts that Government and local authorities require us to bill you. We will not provide advance notice of changes to taxes and surcharges, except as required by applicable law.
G. Credit Check and Deposits: You give us permission to obtain your credit information from consumer credit reporting agencies at any time. If we bill you for the Services and we determine that you may be a credit risk for (1)unsatisfactory credit rating; (2) insufficient credit history; (3) Fraudulent or abusive use of any telecommunications services within the last five years; or (4) late payments for current or prior bills, we may require a deposit to ensure payment for the Services. The amount of the deposit will be no more than any estimated onetime charges required for the Services, plus three months of the estimated average per minute charges and/or monthly fees for the Services. If you fail to pay for the Services when due, we may use the deposit without giving notice to you. If you pay undisputed bills by the due date for twelve consecutive billing months, we will credit the deposit to your account (including interest accrued). If a credit balance remains on your account, we will refund or credit that amount.
H. Credit Limits: If we bill you for the Services, we may set a credit limit based on your payment history or your credit score from consumer credit reporting agencies. If we do this, we will notify you of your initial credit limit and all changes to your credit limit. If you exceed your credit limit, we will restrict your access to the Services. If you fail to make timely payments, we may also lower your credit limit.
I. All refunds are made at the Managements discretion.
2. Suspending and Cancelling the Services
A. Your Cancellation of The Services: If you use more than one Service, you may change or cancel individual Services (and/or all Services) by calling the Barebones Communications customer service number on your Barebones Communications bill or on www.Barebonescommunications.com, subject to the applicable terms and conditions in the Terms of Service. This Agreement remains in effect for any Services that you continue to be enrolled in, use, or pay for.
B. Fraudulent Use: You will not use the Services for any unlawful, abusive, or fraudulent purpose. If Barebones Communications has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Services without advance notice. You are responsible for preventing the unauthorized use of the Services, and you are responsible for payment for any such unauthorised use.
C. Failure to Pay: Upon advance notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date, including payments for late fees or any other required additional charges.
D. Services: Barebones Communications may from time to time discontinue certain Services, subject to applicable law and regulation.
E. Outstanding Charges: If Services are suspended, restricted, or cancelled, any charges will accrue through the date that Barebones Communications fully processes the suspension, restriction or cancellation. You must pay all outstanding charges for these Services, including payment of any bills that remain due after the date of cancellation. You must reimburse us for any reasonable costs we incur, including legal fees, to collect charges owed to us. If you want us to renew the Services, we may require that you pay a deposit.
3. Indemnification:
You agree that we should not be responsible for any third-party claims against us that arise from your use of the services. Further, you agree to reimburse us for all costs and expenses related to the defence of any such claims, including any legal fees.
4. Limitations of Liability:
We will not be liable for more than the amount of our charges for the services during the affected period. For all claims, we will not be liable for indirect or consequential damages, including but not limited to, lost profits or revenue or increased costs of operation. We also will not be liable for punitive, reliance, or special damages. These limitations apply even if the damages were foreseeable or we were told they were possible, and they apply whether the claim is based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if services are interrupted, or there is a problem with the services or equipment of some other party. This section will continue to apply after the Agreement ends.
5. Warranties:
Except as this Agreement expressly states, we make no express warranty regarding the services and disclaim any implied warranty, including any warranties of merchantability or fitness for a particular purpose. We also make no warranty that the services will be uninterrupted or error free. We do not authorise anyone, including, but not limited to, Barebones Communications employees, agents, or representatives, to make a warranty of any kind on our behalf and you should not rely on any such statement.
6. Credit Allowances For Interruptions:
If an interruption or failure of Services is caused solely by Barebones Communications and not by you or a third party or other causes beyond our reasonable control, you may be entitled to a credit allowance as specified in the applicable Terms of Service.
7. Miscellaneous
A. No Third Party Rights: This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
B. Acts Beyond Our Control: Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labour disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
C. Assignment:. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
D. Notices: Notices from you to Barebones Communications must be provided as specified in this Agreement. Notice from you to Barebones Communications made by writing Barebones Communications is effective as of the date that our records show that we received your letter. Barebones Communications notice to you under this Agreement will be provided by one or more of the following methods: posting on our Web site, bill message, bill insert, postcard, letter, call to your billed telephone number, or e mail to an address provided by you.
E. Separatability: If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
F. Governing Law /Venue: This Agreement will be governed by the laws of England and Wales.
G. Entire Agreement: This Agreement (which incorporates by reference the Barebones Communications Service Guides) constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement ran be amended only as provided in Section 9 below. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Barebones Communications is relying on any representations or statements by the other party or any other person theatre not included in this Agreement.
8. Changes to This Agreement:
We may change this Agreement, including the incorporated Barebones Communications Terms of Service, from time to time. If we make any changes to the prices or charges, we will comply with our notice commitments described in Section 1 of this Agreement. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective no sooner than fifteen days after we post them at www.Barebonescommunications.com. If you continue to be enrolled in, use, or pay for the services after any changes in price, charges, terms or conditions, you agree to the changes.
9. Enrolment In Another Barebones Communications Service:
To enrol in an additional Service, or to switch from your existing Service to a different Service, you must notify us by: (1) returning an application form provided in Barebones Communications marketing materials;(2) calling the Barebones Communications customer service number on your Barebones Communications bill; (3)calling the Barebones Communications customer service number provided in Barebones Communications marketing materials; or (4) going to our Web site at www.Barebonescommunications.com and following any further instructions provided for enrolment. The terms and conditions of this Agreement, including those in the incorporated Barebones Communications Terms of Service, will apply to the new or additional Barebones Communications Service.
10. Emergency Services:
Due to the type of technology associated with VoIP, services including but not limited to emergency and information services such as Directory Enquiries may not be available.
11. Numbering:
Barebones Communications may provide you with an inbound geographic (DID) or non-geographic number. This number may, if your account is terminated with Barebones Communications for any reason, be "ported" to any other provider where they have the facilities and means to do this.
12. Important notes:
(i) Your VoIP equipment (IP phone, IPPBX etc.) relies on a constant power supply to continue working. If power is interrupted, for example during a power cut, you VoIP equipment will no longer continue to function and you will no longer be able to make telephone calls until power is restored.