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Catalyst Management Limited
Standard Terms and Conditions
for prepaid telephone services
1. Application
These Conditions shall govern and be incorporated
into the contract for the supply of the Services
by Unitel Global Communications Limited ("Catalyst" or "we")
to you (the "Contract").
2. The Services
2.1 Unitel will provide the Services and (if specified
in the Order Form) make available the Equipment
subject to these Conditions. We will provide
the Services to you from the Start Date and will
continue to do so unless the Contract is brought
to an end as set out in Condition 7 below.
2.2 The Services are only available to consumers
in the United Kingdom for personal use. If you
use the Services in breach of this Condition 2.2
for business purposes, Unitel shall have no liability
to you for any losses incurred in connection with
the Services (except death or personal injury caused
by Catalyst's negligence).
2.3 By completing and submitting the Order Form
to Catalyst, you are instructing Unitel to start
the provision of the Services as soon as Unitel
is reasonably able to do so. Accordingly, the Contract
will come into force on the Start Date and you
will not have the right to cancel your order.
2.4 You must use the Services according to any
reasonable instructions that Unitel gives you from
time to time. Any other use is prohibited. You
will be responsible for any claims, losses, damages
or costs incurred by Unitel arising out of or in
any way connected with your breach of these Conditions.
2.5 The Services (and, if applicable, the Equipment)
are made available to you on condition that you
do not re-supply or resell or make the Services
and/or the Equipment available to any person on
a commercial basis, and that you do not use, nor
allow others to use, the Services and/or the Equipment
for any improper or unlawful purpose or in any
manner which is offensive, threatening or unlawful.
2.6 You must promptly provide Unitel with all information
that we request in order to enable us to provide
the Services to you. You must also inform us immediately
of any change to any information that you have
provided to Catalyst.
2.7 You are responsible for all use of your account
and/or access to the Services using your PIN, whether
or not such use was actually made or authorised
by you.
2.8 In order to provide the Services to you, Unitel
may select and at any time change any carrier or
other service provider used for the provision of
the Services.
3. Equipment (The provisions
of this Condition 3 apply only if the Order Form
states that Unitel will make equipment available)
3.1 Unitel shall make available to you the Equipment
specified in the Order Form. Once the Contract
has been formed, Unitel will send you confirmation
of the Contract. You are then responsible for taking
that confirmation together with proof of identity
to the location notified to you by Unitel to collect
the Equipment. You are responsible for installing
the Equipment in accordance with the instructions
supplied with the Equipment.
3.2 Unitel shall replace at Catalyst's expense
Equipment which becomes faulty (excluding Equipment
that is stolen or damaged due to improper use or
care) during the period of twelve months from the
Start Date. Unitel shall be under no obligation
to replace Equipment which becomes faulty after
the expiry of such twelve-month period or is stolen
or damaged.
3.3 If the Contract is formed on the basis that
you will purchase Equipment from Catalyst, the
Equipment becomes your property once Unitel has
received payment in full of the price of the Equipment.
3.4 If the Contract is formed on the basis of that
you will rent Equipment from Catalyst, the Equipment
remains the property of Catalyst unless and until
you make the payment notified to you by Catalyst
on termination of the Contract in order to become
the owner of the Equipment. If you destroy, damage
or lose the Equipment or, on termination of the
Contract, you do not return the Equipment to Unitel
in accordance with Catalyst's instructions, Unitel
shall charge you the amount of such payment. Unitel
shall have the right to obtain payment of such
charge either from a third party to whom you have
paid a deposit in respect of your accommodation
(if applicable) or by debiting your debit or credit
card.
4. Charges
4.1 Unitel will charge you for the Services in
accordance with the relevant terms, tariffs,
rules and charges applying at the time the Services
are used.
4.2 The Services are provided on a prepaid basis, by purchasing a prepaid disposable telephone card.
4.3 Charges for calls that you make using the Services
will be deducted from the credit balance of your
card or your account at the end of the call.
4.4 There is a connection charge applicable on the 0800 and 0207 access numbers, but not on 0844. It is 10p per call. Call
charges are charged in one minute increments with
partial minutes of usage rounded up to the next
full minute. Call charges are rounded up to the
nearest penny. Cards expire within 60 days of first use.
4.5 There is a 1.5p per minute surcharge on all 0800 calls
4.6 If your debit or credit charge is revoked by
your credit/debit card provider without the prior
written consent of Catalyst, we reserve the right
to reapply these Charges and to levy an administration
charge of up to £20 per revoked transaction
at our sole discretion.
4.7 Unitel will, without notice, immediately terminate
any outgoing call as soon as the credit funds on
your card or account are exhausted by the cost
of Services provided to and used by you. You will
not be able to make any outgoing calls until you
have topped up your account as described in Condition
4.2.
4.8 If the Equipment is rented from Unitel and
you fail to make a rental payment, Unitel shall
have the right to suspend or terminate the provision
of the Services.
4.9 If a call is made to a mobile phone through
our fixed line service, the charge will be based
on the number called, irrespective of the network
the mobile is actually on. Thus, if the mobile
number is part of an allocation to Vodafone, the
called number will be charged as a call to Vodafone
even if the number has been ported to an alternative
network, for example Orange.
5. Helpline
Unitel operates a helpline to deal with queries
and complaints relating to the Services. You
can contact the helpdesk by telephone on 0800 376 8477.
6. Warranties and Liabilities
6.1 Unitel warrants that the Services shall be
provided with reasonable care and skill.
6.2 Unitel cannot guarantee that the Services will
be fault free, continuously available or available
at any given time. Unitel shall not be liable to
you if you are unable to use the Services for any
given period of time. The availability of the Services
is dependent on networks provided by third parties
therefore Unitel cannot guarantee that any faults
will be repaired within any given period of time.
6.3 The warranty given in Condition 6.1 is in lieu
of all other warranties representations and conditions,
express or implied, which are expressly excluded
so far as is permitted by law.
6.4 In no event shall Unitel be liable for any
form of special, indirect or consequential damages,
loss of data, loss of goodwill, loss of profits,
loss of turnover, costs or expenses.
6.5 Subject to Condition 6.6, in no event shall
Catalyst's cumulative liability to you from all
causes of action of any kind whether in contract
or in tort in connection with the Services and/or
the Equipment exceed 125% of the Charges (excluding
VAT) paid by you for the Services and/or the Equipment
in any preceding 12 month period.
6.6 Nothing in these Conditions shall be construed
as limiting or excluding Catalyst's liability for
death or personal injury caused by its or its employees'
negligence.
6.7 You acknowledge and agree that the allocation
of risk contained in this Condition 6 is reflected
in the Charges and is also a recognition of the
fact that it is not within Catalyst's control how
and for what purpose you use the Services.
6.9 Each provision of this Condition 6 excluding
or limiting liability shall be construed separately
and shall survive the expiry or termination of
the Contract.
7. Term and Termination
7.1 Unitel can end the Contract by giving you one
month's written notice if you do not meet your
obligations under the Contract. If you commit
a serious breach of the Contract, Unitel can
end the Contract immediately.
7.2 You can end the Contract at any time by giving
Unitel one month's written notice of serious defects
in the Services which are under the control of
Unitel to rectify and for which satisfactory arrangements
to rectify have not been made.
7.3 Termination of the Contract shall not prejudice
any rights or remedies of either party against
the other which have arisen on or before the date
of termination.
7.4 Unitel may suspend and/or disconnect the Services
or your access to the Services at their discretion
without prior notice:
7.4.1 if any third party service provider is unable
or unwilling, or Unitel is unable, for any reason
including any act or omission of any service provider,
to supply or provide the Services; or
7.4.2 if you do not use the Services for 12 consecutive
months.
7.5 If Unitel terminates the Services pursuant
to Clause 7.4.1, Unitel will refund any remaining
credit funds on your account.
7.6 If you are renting the Equipment from Catalyst,
then the Contract shall last for the contract period
specified in the Order Form. If you try to terminate
the Contract earlier (unless this is under Condition
7.2), Unitel shall have the right to continue to
collect the rental payments payable for the remainder
of the contract period.
8. Assignment and Third Party
Rights
8.1 You must not assign, sub-license, sub-contract,
delegate or transfer in whole or in part any of
your rights or obligations under the Contract without
the prior written consent of Catalyst.
8.2 For business reasons Unitel has the right to
assign or sub-contract the Contract to any person.
8.3 Notwithstanding anything to the contrary contained
in these Conditions, nothing in the Contract shall
confer any rights or benefits on any third parties
who are not parties to the Contract.
9. Events beyond Catalyst's
control
Neither you nor Unitel is liable for any breach
of the Contract caused by something beyond their
reasonable control including Acts of God, fire,
lightning, severe weather, flood, national or local
emergency, explosion, war, military operations,
civil disorder, terrorism, vandalism, industrial
disputes, failure or unavailability of third party
network(s) or acts of local or central government
or other competent authorities. If the Services
remain unavailable for 3 consecutive months, Unitel
will refund the remaining credit funds on your
account.
10. Changes
Unitel may need to vary the Charges and/or these
Conditions from time to time. We will try to
publish details of all changes on the Website
before they take effect. This may not always
be possible, for example if the changes are necessary
to reflect changes in the law or a third party
network provider's terms and conditions.
11. Compliance with Laws and
Data Protection
11.1 Each party will at all times during the term
of the Contract comply with the provisions of all
laws applicable to the performance of that party's
obligations under the Contract, including without
limitation the Data Protection Act 1998.
11.2 Unitel will need to disclose your name, telephone
number and credit card details (if applicable)
to its nominated third party service provider only
to the extent necessary to enable them to provide
the Services to you and as required by law.
11.3 If at the time that you subscribed for the
Services you gave Unitel permission to do so, Unitel
may contact you in order to give you details of
Catalyst's products and services. If you wish Unitel
to stop contacting you in this way, please let
us know by sending an email to custserv@unitelglobalcards.co.uk
12. General
12.1 If any part of these Conditions or the Contract
is held to be invalid, illegal or unenforceable
in any respect whether in whole or in part then
such part shall be severed from the remainder
of the Conditions which will continue to be valid
and enforceable to the fullest extent permitted
by law and such invalidity, illegality or unenforceability
shall not prejudice the effectiveness of the
rest of these Conditions or the remainder of
any part of the Condition affected.
12.2 Failure by Unitel to exercise or delay in
exercising any right or remedy under the Contract
shall not constitute a waiver of the right or any
other rights or remedies and no single or partial
exercise of any right or remedy shall prevent any
further exercise of the right or remedy or the
exercise of any other right or remedy.
12.3 Any contract to which these Conditions apply
shall be governed by and construed in accordance
with the laws of the United Kingdom and the parties
submit to the non-exclusive jurisdiction of the
courts of the United Kingdom.
12.4 Any notice required or permitted to be given
by either party to the other under these Conditions
or the Contract shall be in writing addressed to
the other party at its registered office or principal
place of business or such other address as may
at the relevant time have been notified pursuant
to this Condition to the party giving the notice.
12.5 You acknowledge that in entering into the
Contract you have not relied on any warranty, representation,
undertaking or agreement other than those contained
or referred to in these Conditions. You waive any
right or remedy you may have to claim damages or
rescission for any misrepresentation in respect
of any representation not contained in these Conditions
or for breach of any warranty not contained in
these Conditions and acknowledge that your only
remedies against Unitel are for breach of contract
provided always that nothing in this Condition
12 shall exclude or limit Catalyst’s liability
to you in respect of any fraudulent misrepresentation
or warranty fraudulently given and upon which you
can prove that you have placed reliance. Subject
to the foregoing, these Conditions and the documents
referred to in these Conditions constitute the
entire agreement and understanding between the
parties with respect to all the matters which are
referred to in these Conditions.
13. Interpretation
13.1 In these Conditions the following terms and
expressions shall have the following meanings:
"Charges" Catalyst's charges for the Services from time to time in
force as published on the Website;
"Conditions" these terms and conditions or any of them;
"Contract" the contract between Unitel and you for the provision
of the Services comprising these Conditions and all other documents referred
to in these Conditions;
"Equipment" the terminal equipment (if any) that Unitel agrees to
supply to you in connection with the Services;
"Order Form" the order form completed by you (either in paper or
electronic format) and submitted to Catalyst;
"PIN" the code that either Unitel will provide to you or you select
to enable you to make calls using the Services;
"Services" all services provided by Unitel to you pursuant to the
Contract as described on the Website and more particularly in the Order Form;
"Start Date" the date on which Unitel notifies you that it has started
to provide the Services;
"Website" Catalyst's website located at www.unitelglobalcards.co.uk
13.2 Reference to a statute or statutory provision
includes a reference to it as from time to time
amended, extended or re-enacted.
13.3 Words denoting the singular number only include
the plural and vice versa.
13.4 The headings in these Conditions are inserted
for convenience only and do not affect their meaning.
13.5 Any reference to any of the parties hereunder
includes their successors in title and permitted
assigns.nditions for prepaid telephone services
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