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Sign Up - Terms for Interoute One Outbound


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 Account Administrator means the person(s) nominated by You who are able to change the details and preferences of your Account.
1.3 Acceptable Use Policy means the policy described in Clause 7.2;
1.4 Affiliate means any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Us. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.5 Agreement means this User Agreement, as may be renewed, modified and/or amended by Us from time to time.
1.6 Commencement Date means the date on which this Agreement is entered into by clicking on the I ACCEPT button as stated above.
1.7 Charges means the per minute destination charges and any other charges set out at www.interouteone.com as the same may be amended by Us from time to time.
1.8 Credits means the Credits You may acquire in order to purchase the Services.
1.9 Dormant Account means and Account that remains unused by you for at least ninety (90) calendar days.
1.10 Emergency Services means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
1.11 Intellectual Property Rights mean any patent, copyright, trademark, trade name, service mark, moral right, design right, database right, know how, design right, and any and all other intellectual property rights whether registered or not or capable of registration and whether subsisting in Switzerland or any other part of the world together with any and all goodwill relating thereto.
1.12 National Calls means calls to geographic fixed line or mobile numbers in the country where the Service is being provided, subject to the exclusions set out in Clause 3 below.
1.13 Non-Geographical Numbers or NGNs are telephone numbers available for sale to the Customer which, rather than being assigned to a particular telephone line or circuit, provide callers with a contact number which gives no indication as to the geographical location of the line being called. The owner of the number can retarget the NGN to any other telephone number including mobile, international and other NGNs at any time, therefore enabling them to receive calls whilst on the move or at various locations at different times or simultaneously.
1.14 On Net Calls means calls between two or more sites connected to the Interoute Network (excluding Indirect access) using a relevant telephone number that has been specified to Interoute.
1.15 Password means a code You select, which, in combination with the User ID, gives You access to Your User Account and gives Account Administrators access to Account details and preferences;
1.16 "Rate Card" means the rate card attached to the Purchase Order (as amended from time to time in accordance with the terms of this Agreement ) detailing the per minute Charges applicable to the then available destinations.
1.17 Services mean the services you can acquire from Us in order to build your own communication service once you have established an Account.
1.18 User means the individual(s) within Your business who uses the Service.
1.19 User ID means to an identification code You selected, which in combination with the Password, gives access to Your User Account;
1.20 We, Our or Us means the Interoute entity in the country where Your company is registered and such of its Affiliates that may provide Services to You from time to time.
1.21 You or Your means the corporation, business or other entity or person entering into this User Agreement and identified in Account Details section for your account at www.Interouteone.com.
1.22 Your Information means any information You provide to Us or other users in the registration, or use of the Service.
1.23 We and You are also individually referred to below as a Party and jointly as the Parties

2. ESTABLISHING AN ACCOUNT

2.1 This Agreement is a contract between You and Us and such of Our Affiliates as You may obtain Services from following establishment of Your Account.
2.2 Electronic Signature. By clicking on the "I Agree" button (or such similar device as may be designated by Us) You are accepting these terms and conditions as governing Your use of the Account and the Services. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
2.3 In order to use the Service, You must register for an Account. Our Services are only available to businesses that can form legally binding contracts under applicable law.

3. SERVICE AND SERVICE RESTRICTIONS

3.1 Once an Account has been established You may acquire Services in order to build Your own communications service.
3.2 The Services will allow You to:
3.2.1 communicate with other federated users of the Service;
3.2.2 acquire numbers subject to regulatory restrictions, on which to receive voice and data services;
3.2.3 make telephone calls.
3.3 You agree that in order to permit and facilitate communications between Your Users and other users of the Service, the Service will utilise the processor and bandwidth of your computers and network.
3.4 YOU MUST BE AWARE OF THE FOLLOWING LIMITATIONS ON THE SERVICE
3.4.1 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 MAY CALL THE EMERGENCY SERVICES EVEN IF YOU HAVE NO CREDIT.
3.4.2 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.
3.4.3 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.
3.4.4 LOSS OF CONNECTION. YOUR SERVICES WILL NOT OPERATE IN CASE OF A POWER FAILURE OR LOSS OF BROADBAND CONNECTIVITY.
3.4.5 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.
3.4.5 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.
3.5 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 clauses 7.3 and 7.4. You may terminate this agreement at any time.

4. PAYMENT

4.1 Once Your Account has been established 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 Once the Interoute One Outbound Service is acquired You will be able to track utilisation by logging in to Our website at www.interouteone.com.
4.3 As an introductory offer We may (at our sole discretion) initiate a Credit to Your account for utilisation of outbound minutes at no cost to You when the Account is opened.
4.4 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.
4.5 Particular Services will cease if during the supply of the Service, Your payment balance reduces to zero.

5. OUTBOUND SERVICES

5.1 The Interoute One Outbound Service provides outbound voice termination services to domestic and international destinations.
5.2 We shall provide You with outbound voice termination services to domestic and international destinations subject to the exclusions below. Calls to destinations not listed on the Rate Card shall be terminated on a reasonable efforts basis only. The Interoute One Outbound Service accessed via the Internet Protocol does not provide termination to (i) emergency call services if Your Users are outside the UK, (ii) national and international Non-Geographical Numbers, (iii) directory enquiry services, and (iv) other operator assisted services. You shall be responsible for entering into separate arrangements with third parties to access those services and for routing such calls.
5.3 You acknowledge and agree that (i) the Interoute One Outbound service accessed via the Internet Protocol is not a traditional telephone service and will not support calls to emergency services if Your Users are outside the UK, and (ii) additional arrangements with third parties will be necessary to access emergency services outside the UK. We hereby disclaim any liability to You and You expressly waives any right to any claim or actions against Interoute arising out of or in connection with any failure to access emergency services outside the UK using the Interoute One Outbound Service via the Internet Protocol.
5.4 You MUST inform all Users of the limitations of the Service. You shall indemnify and hold Interoute harmless against all actions, losses, costs, damages, awards, expenses, fees (including legal fees incurred and/or awarded against Interoute) proceedings, claims or demands brought or threatened against Interoute in any way connected with use of the Service by any User. You shall also provide Interoute with full authority, information and assistance as is reasonably necessary for the defence, compromise or settlement of such claim.
5.5 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 5.5, as determined by Us at Our sole discretion.
5.6 The Interoute One Outbound Service is not provided for resale. 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 Interoute One Outbound Service (or any part thereof) available to any third party, either directly or indirectly, We reserve the right to immediately suspend the provision of services without any notice and liability thereof to You. Such suspension shall not relieve You from any payment obligations incurred by You or such third parties. We may, at Our sole discretion, charge You a fee for the re-connection of the Service.

6. CHARGING FOR OUTBOUND SERVICES

6.1 Calls shall be charged in accordance with the tariffs set out in the Rate Card.
6.2 Rates are measured in seconds, rounded up to the nearest tenth of a second.
6.3 Destination rates are expressed as a rate per minute in the currency set out in the Rate Card.
6.4 The Charges for the conveyance of a call is calculated by the following formula:
C = [A x (B 60)]

Where:
A = the Call duration in seconds rounded to the nearest tenth of a second.
B = the appropriate per minute destination rate as set out in the Rate Card.
C = the Charge rounded to the nearest cent (or other relevant smallest unit of any applicable currency).

7. YOUR INFORMATION AND RESTRICTED ACTIVITIES

7.1 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.
7.2 Prohibited and Restricted Activities. You will at all times comply with Interoute's 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.
7.3 Closing Accounts and Limitation of Account Access. At Our sole discretion We may close an Account at any time where expedient to do so, (including but not limited to where there has been a breach by You of this Agreement) upon notice to You by email. We also reserve the right to limit access to an Account and any or all of the Account's functions.
7.4 Dormant Accounts. We reserve the right to close a Dormant Account. Any Credits remaining on a Dormant Account will become Our property and will not be refunded.
7.5 Passwords. You may not reveal Your Account password(s) to anyone else, nor may You use anyone else's password. We are not responsible for losses incurred by You including, without limitation, the use of Your Account by any person other than You, arising as the result of misuse of passwords.
7.6 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 the Interoute 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.

8. INTELLECTUAL PROPERTY

8.1 You acknowledge that any and all of the Intellectual Property Rights subsisting in or used in connection with the Account 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.
8.2 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.
8.3 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:
8.3.1 modify or amend the Service or any infringing part thereof, at Our expense, so that the same becomes non-infringing;
8.3.2 procure for You, at Our expense, the right to continue using The Service or any infringing part thereof; or
8.3.3 replace the Service or any infringing part thereof, by other software of similar capability; or
8.3.4 terminate this Agreement without any liability to You .
8.4 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.

9. LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES AND INDEMNITIES

9.1 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;
9.2 Subject to Clause 9.1, 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 9 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.
9.3 Subject to clause 9.1, 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.
9.4 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.
9.5 Save as expressly provided for in this Clause 9 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.
9.6 Emergency Services. Except as stated above, We do not provide access to Emergency Services in conjunction with the Services for Customers who access 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.
9.7 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, or that the Service shall be free from viruses, and You shall be responsible for virus scanning the Service.
9.8 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 grossly 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.

10. CONFIDENTIAL INFORMATION

10.1 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.
10.2 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.

11. GENERAL

11.1 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 is reasonably practicable after such circumstances have ended.
11.2 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 Our rights and obligations under this Agreement.
11.3 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.
11.4 AMENDMENTS: No alteration variation modification or addition to this Agreement shall be valid unless made in writing and signed by both Parties.
11.5 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.
11.6 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
For Us: at the "Contact Us" details section of www.interouteone.com
11.7 THIRD PARTY RIGHTS: Our Affiliates providing Services to You may take the benefit of and enforce the obligations under this Agreement provided that the Agreement terms may be changed without the need for the consent of Our Affiliates. Subject to the foregoing sentence, neither You nor Us intend any term of this Agreement to be enforceable pursuant to The Contracts (Rights of Third Parties) Act 1999.
11.8 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.
11.9 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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