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Terms for Interoute One Inbound


1. DEFINITIONS

Capitalised terms shall have the meaning ascribed to them below:
1.1 Account means the account established by You in order to use the Services.
1.2 Applicable Regulator means any governmental or other regulatory body that is responsible for the regulation of numbers or services provided by Us to You under this Agreement from time to time.
1.3 Commencement Date means the date on which this Agreement is entered into by clicking on the I ACCEPT button as stated above.
1.4 Interoute Licence means Our licence, authorisation, or permit obtained from the Applicable Regulator.
1.5 National Numbering Plan means the applicable national numbering plan in the applicable country.
1.6 Numbers means the geographic and non-geographic national fixed numbers described in Clause 3 below.
1.7 User means the actual user of the Service.
1.8 We or Us means the Interoute entity in the country where Your company is registered and Our shall be interpreted accordingly.
1.9 We and You are also individually referred to below as a Party and jointly as the Parties.
1.10 You means the corporation, business or other entity or person accepting these terms and conditions by clicking on "I accept" and identified in the account settings section of www.interouteone.com for obtaining an Account and Your shall be interpreted accordingly.
1.11 Your Information means any information You provide to Us or other users in the registration, or use of the Service.

2. SERVICE DESCRIPTION

2.1 The Interoute Inbound Access Service provides inbound telephone numbers (the "Service").

3. SERVICES TERMS

3.1 We shall make available to You:
3.1.1 geographic national fixed numbers to enable telecommunications requirements; and/or
3.1.2 non geographic numbers for the provision of conferencing and other network based telecommunications services.
The details of the number range(s) and location(s) shall be as set out the "services" section of www.interouteone.com.
3.2 YOU MUST BE AWARE OF THE FOLLOWING LIMITATIONS ON THE SERVICE
3.2.1 LIMITATIONS TO EMERGENCY SERVICES DIALLING FOR UK BASED CUSTOMERS WITH UK BASED USERS, 999 AND 112 MAY BE DIALLED IN ORDER TO ACCESS THE UK EMERGENCY SERVICES. THERE ARE NO CHARGES FOR THESE CALLS AND YOU AND/OR YOUR USERS MAY CALL THE EMERGENCY SERVICES EVEN IF YOU HAVE NO CREDIT.
3.2.2 FOR CUSTOMERS WHO CONNECT TO THE INTEROUTE ONE SERVICE VIA THE INTERNET PROTOCOL THE SERVICE IS NOT A SUBSTITUTE FOR YOUR FIXED LINE TELEPHONE SERVICE AND IS NOT ABLE TO CONNECT DIRECTLY, EFFECTIVELY OR IN SOME CASES TO CONNECT AT ALL TO EMERGENCY SERVICES. FOR NON-UK BASED CUSTOMERS AND THEIR USERS, ACCESS TO THE EMERGENCY SERVICES IS NOT CURRENTLY SUPPORTED.
3.2.3 CALLING LINE IDENTIFICATION IS ONLY AVAILABLE WHERE WE ARE TECHNICALLY ABLE TO PROVIDE IT.
3.2.4 NUMBER PORTABILITY. WE ARE ABLE TO TRANSFER CERTAIN NUMBERS LICENSED TO YOU TO ANOTHER OPERATOR. ON REQUEST, FOR INFORMATION ON NUMBERS THAT CAN BE TRANSFERRED, PLEASE CONTACT US AT www.interouteone.com.
3.2.5 OUR RIGHT TO SUSPEND OR TERMINATE AN ACCOUNT. WE MAY REFUSE TO PROVIDE OUR SERVICES, CHANGE THE QUALIFICATIONS FOR YOUR USE OF THE SERVICES AND/OR TERMINATE THIS AGREEMENT WITH YOU AT ANY TIME ON GIVING YOU NOTICE BY EMAIL, SUCH NOTICE TO TAKE IMMEDIATE EFFECT.
3.2.6 MAINTAINING AN ACCOUNT. IN ORDER TO UTILISE THE SERVICE YOU MUST MAINTAIN AN ACCOUNT. TERMINATION, SUSPENSION OR WITHDRAWAL OF YOUR ACCOUNT BY US FOR ANY REASON WILL MEAN THAT YOU ARE NO LONGER ABLE TO UTILISE THE SERVICE EVEN IF THERE IS CREDIT OUTSTANDING ON YOUR ACCOUNT. IN SUCH CIRCUMSTANCES YOU WILL ONLY BE ELIGIBILE FOR A REFUND IF WE HAVE BREACHED THIS AGREEMENT. WE WILL HAVE NO FURTHER LIABILITY TO YOU.
3.2.7 NOMADIC USE (WHERE THE SERVICE IS USED OTHER THAN AT A FIXED LOCATION) YOU ACKNOWLEDGE THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE NUMBERS TO BE USED ON A NOMADIC BASIS. WE DISCLAIM ANY LIABILITY ARISING OUT OR IN CONNECTION WITH THE NOMADIC USE OF THE NUMBERS BY YOU OR ANY USER.
3.3 In addition to Our other rights set out herein We may withdraw or reallocate the Numbers if it is reasonable to do so or if:
3.3.1 no traffic is being routed through the Numbers for a period of ninety (90) days;
3.3.2 such action is required pursuant to any change in the relevant National Numbering Plan;
3.3.3 it is necessary to do so to optimise efficient switch usage (in which case alternative numbers will be allocated and We shall work with You to minimise the impact upon You of such reallocation);
3.3.4 if directed or recommended to do so by the Applicable Regulator or any other regulatory body; or
3.3.5 Your Account is suspended or terminated.
3.4 We shall use its reasonable commercial endeavours to give prior notice to You by email if We intend to withdraw or reallocate any Number pursuant to Clause 3.3.
3.5 You shall comply with all reasonable instructions in relation to the Service where compliance is necessary to ensure compliance with any guideline, instruction or recommendation given to Us by the Applicable Regulator.
3.6 You shall not use or allow the use of the Service for any improper, immoral, offensive, fraudulent, illegal or unlawful purpose or to make nuisance communications. We reserve the right to suspend the provision of the Service upon written notice to You in the event that You are in breach of this Clause 3.6, as determined by Us at Our sole discretion.
3.7 We may temporarily suspend the provision of the Service for urgent operational reasons or in the event of an emergency. We shall provide You with as much notice as reasonably possible for any such suspension.
3.8 The Service shall only be used by You and Your directors, employees and agents. In the event that You are found to be or We reasonably believe that You are selling, offering, re-supplying, providing or otherwise making the Service (or any part thereof) available to any third party, either directly or indirectly, We reserves the right to immediately suspend the provision of services without any notice and liability thereof to You.
3.9 Duration. This Agreement will start on the Commencement Date and will remain in full force and effect until terminated by either Party. We may terminate this Agreement at any time in accordance with this clause 3. You may terminate this agreement at any time.

4. PAYMENT

4.1 You may acquire Services by payment using MasterCard or Visa or such other means of payment as We may permit from time to time.
4.2 Sales Tax may be chargeable on the Services used. This depends upon the location of the Service and the address You have provided to us when registering for the Service.
4.3 Particular Services will cease if during the supply of the Service, Your payment balance reduces to zero.

5. YOUR INFORMATION AND RESTRICTED ACTIVITIES

5.1 Except in so far as is required by law, You are solely responsible for Your Information. You authorise Us, directly or through third parties, to make any inquiries We consider necessary to validate Your registration. This may include verifying the information You provide against third party databases.
5.2 Prohibited and Restricted Activities. You will at all times comply with Our Acceptable Use Policy available at http://www.interoute.com/legal as amended from time to time. You are responsible for checking regularly for updates of the Acceptable Use Policy You will at all times comply with local, national and supranational laws regulations policies and procedures relating to the Services and Your use of the Services. If You use, or attempt to use, the Service for purposes other than self providing communications services and managing Your Account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, Your Account will be terminated and You will be subject to damages and other penalties, including criminal prosecution where available.
5.3 Privacy and Security. The Parties acknowledge their respective duties under the applicable data protection legislation and hereby undertake to comply with their obligations and duties under the legislation and shall give all reasonable assistance to each other where appropriate or necessary to comply with any obligations arising under the legislation. You acknowledge that We may, in the course of performing Our obligations under this Agreement, process 'personal data' as defined under the applicable data protection legislation in accordance with Our Privacy Policy available at http://www.interoute.com/privacy-policy. In so far as such personal data is obtained from You, You consent and undertake to procure that any relevant data subjects consent, to such processing by Us. We and You shall at all times ensure that appropriate technical and organisational security measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to personal data.

6. INTELLECTUAL PROPERTY

6.1 You acknowledge that any and all of the Intellectual Property Rights subsisting in or used in connection with the Numbers or the Services including all documentation and manuals relating thereto, are and shall remain Our sole and exclusive property. You shall not during or at any time after the expiry or termination of this Agreement in any way question or dispute the ownership by Us thereof.
6.2 In the event that new inventions, designs or processes evolve in performance of or as a result of this Agreement, You acknowledge that the same shall be Our property of unless We otherwise agree in writing.
6.3 Each Party will defend and hold the other Party harmless against any claim, suit or proceeding brought against that Party so far as it is based on any actual or threatened infringement of any Intellectual Property Rights by it, provided that it is given prompt notice in writing of any such claim and is given full authority and such information and assistance as is reasonably necessary for the defence of such claim. In the event that the Service is held to be infringing third party Intellectual Property Rights, We shall, at Our sole discretion:
6.3.1 modify or amend the Service or any infringing part thereof, at Our expense, so that the same becomes non-infringing;
6.3.2 procure for You, at Our expense, the right to continue using The Service or any infringing part thereof; or
6.3.3 replace the Service or any infringing part thereof, by other software of similar capability; or
6.3.4 terminate this Licence without any liability to You .
6.4 We shall have no liability in respect of any unauthorised modifications, changes or alterations by You or Your agents to the Service supplied by Us, other than in respect of modifications, changes or alterations carried out by Us.

7. LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES AND INDEMNITIES

7.1 Nothing in this Agreement shall exclude or limit either party's liability (i) for fraud, (ii) for fraudulent misstatement (iii) for death or personal injury caused by its negligence;
7.2 Subject to Clause 7.1, Our maximum liability to you for any claim, loss, expense, or damage under this Agreement shall be limited to the value of the credits You have purchased from Us in the previous twelve (12) month period. The limitation of liability under this Clause 7 has effect in relation both to any liability expressly provided for under this Agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
7.3 Subject to clause 7.1, in no event shall We be liable for special, incidental, consequential, indirect or punitive damages, loss of revenue or profit, loss of income, loss of business, loss of goodwill, loss of bargain, loss of data, loss of use of any property, cost of substitute performance, equipment or service and downtime costs, in each case howsoever arising, and whether arising in tort (including negligence), breach of contract or otherwise, and whether or not reasonably foreseeable at the date hereof.
7.4 We shall have no liability or responsibility for the contents of any communications transmitted using the Service or for any information or content on the internet, and You will hold Us harmless from any and all claims related to such content or information as a result of the provision or use of the Service.
7.5 Save as expressly provided for in this Clause 7 and to the extent permitted by applicable law, all warranties, conditions, undertakings or terms and conditions as to satisfactory quality, performance, durability, fitness for a particular purpose or otherwise are hereby excluded.
7.6 Emergency Services. Except as stated above, We do not provide access to Emergency Services in conjunction with the Services for Customers who connect to the Interoute One Service via the Internet Protocol. We shall not be liable to you for any loss, claim or damage that may arise by any attempt by You or your Users to access Emergency Services by way of the Services unless Your Users are in the UK. Where Your Users are outside the UK, You are responsible for ensuring that You and Your Users have appropriate alternative means to access Emergency Services.
7.7 LOCATION OF USER. IT IS YOUR RESPONSIBILITY TO ADVISE US EACH AND EVERY TIME A USER'S LOCATION CHANGES FROM THE ADDRESS REGISTERED WITH US FOR THAT USER. A FAILURE TO DO SO WILL RESULT IN EMERGENCY SERVICES CALLS NOT BEING DIRECTED TO THE USERS NEAREST EMERGENCY DISPATCH CENTRE. THIS CLAUSE ONLY APPLIES TO CUSTOMERS USING THE SERVICE WITHIN THE UK. WE DO NOT CURRENTLY SUPPORT ACCESS TO THE EMERGENCY SERVICES FOR CUSTOMERS OUTSIDE OF THE UK.
7.8 We do not warrant that the Service shall work continuously or fault free or that it will interoperate effectively with Your equipment or Your network.
7.9 You shall indemnify Us and hold Us harmless against all actions, losses, costs, damages, awards, expenses, fees (including legal fees incurred and/or awarded against Us) proceedings, claims or demands in any way connected with this Agreement brought or threatened against Us by a third party arising out of the use by You or any Users of the Service, or any wilful or negligent act or omission of You or any Users. You shall also provide us, at Your sole expense, with information and assistance as is reasonably necessary for the defence of such claim.

8. CONFIDENTIAL INFORMATION

8.1 You will use Your best endeavours to keep confidential all information and documentation, including (without limitation) information concerning the business or trade secrets, processes, know-how or methods used by the Us in carrying on business ("Confidential Information"), obtained pursuant to or in connection with this Agreement.
8.2 You will not use any Confidential Information for any purpose other than the performance of Your obligations or enforcing Your rights under this Agreement or as otherwise permitted hereunder, nor copy or disclose any such Confidential Information to any third party without Our consent.

9. GENERAL

9.1 FORCE MAJEURE: We shall not be liable in any way for any failure to perform Our obligations or for any losses, damages or claims incurred by You resulting from circumstances beyond Our reasonable control provided, however, that We shall resume performing such obligations as soon as such circumstances have ended.
9.2 ASSIGNMENT: This Agreement and all rights and obligations under it may not be assigned and/or transferred by You without Our express written consent. We are free to assign and/or transfer its rights and obligations under this Agreement.
9.3 WAIVER: The waiver by either Party, in whole or in part, of a breach of or a default under any of the provisions of this Agreement, or the failure, in whole or in part, of the other Party, upon one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall not thereafter be construed as a waiver of any subsequent breach or default of a similar nature or as a waiver or any such provision, right of privilege hereunder.
9.4 AMENDMENTS: No alteration variation modification or addition to this Agreement shall be valid unless made in writing and signed by both Parties.
9.5 SEVERABILITY: If any of the provisions of this Agreement is held by an appropriate arbitral, judicial or regulatory authority to be void, invalid or unenforceable, such provision shall, to the extent permitted by applicable law, be deemed to be deleted from this Agreement to the intent that the remaining provisions shall continue in full force and effect.
9.6 NOTICES: Notices given or made under this Agreement shall be in writing and shall be delivered by email.

For You: the email address provided by You in the account settings section of the acceptance process.

For Us: at the "Contact Us" details section of www.interouteone.com.
9.7 THIRD PARTY RIGHTS: Neither You nor Us intend any term of this Agreement to be enforceable pursuant to The Contracts (Rights of Third Parties) Act 1999.
9.8 ENTIRE AGREEMENT: This Agreement contains all the terms agreed among the Parties regarding its subject matter and supersedes 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 among the Parties prior to this Agreement except as expressly stated in this Agreement.
9.9 LAW & JURISDICTION: This Agreement shall be construed in accordance with and shall be governed by the laws of England & Wales, and shall be subject to the non-exclusive jurisdiction of the English Courts.
© Interoute Communications Limited, 2015 All rights reserved.
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