We strive to give our customers the best service and the best value propositions that we reasonably can. As you know, at the heart of the Tovo service is your ability to call other Tovo users for free.

But it’s a two way thing and can only work if you, as a user of our services, act in a fair and reasonable way too! When you subscribe for one of our Off Net Call Packages, we ask that you do not abuse the “spirit” in which these call packages have been constructed.

Here’s how it works:  In order to offer you the best proposition we think we can, we have taken a view as to how many Calls we think a “reasonable” consumer or business user (as the case may be) is likely to make or receive and the duration of such Calls. From this, we have looked at the costs of operating our systems and the cost of conveying those Calls to arrive at our Call Package pricing.

So, it’s a balance! If you use our services reasonably, we both win. But, if you abuse this balance or act excessively or unreasonably, we have to protect ourselves, and of course, other users of the Tovo services. You, by subscribing for or using the Tovo services, acknowledge and agree that Tovo has the right to manage and, where appropriate, limit your usage of the Services.

Accordingly, we have devised this Fair Use Policy which applies to all of our services and forms part of the agreement between you and Tovo. We may rely and act on this Fair Use Policy where your usage of the services is excessive or unreasonable as defined below or in any other circumstances which we, in our absolute discretion, believe to be inconsistent with “reasonable” usage.

The following fair use limits are all separate and there is no double counting between them.

Our Definition of Excessive or Unreasonable Use

(a) In the case of Tovo-to-Tovo calls or calls to other free VoIP destinations, we have set a Fair Use Limit at 5,000 minutes of Calls in aggregate in each month.

Why? 5,000 minutes is more than 2.5 hours a day of free Calls – every day of the month. We may send you an Instant Message, Text Message, e-mail or call you to let you know when you have reached 4,500 minutes. If you exceed 5,000 minutes we reserve the right to suspend your usage (even if we have not contacted you) and your access to the Services will not resume until the next month, however you will still be able to receive Calls to your Tovo number.

If you exceed your monthly allowance in any month or your cumulative allowance in any year, we reserve the right to suspend your usage (even if we have not contacted you) and your access to the service will not resume until the next month or year (as the case may be), however you will still be able to receive calls to your Tovo number.

Please note that you may have the option of reactivating your access to and use of the service if you purchase credits through your Pay As You Go account or pay the applicable Continuation Fee.

(b) In the case of Instant Messaging, our Fair Use Limit is 10,000 messages each month.

Why? This is more than 300 messages each and every day! If you exceed 10,000 messages in a month, we reserve the right to suspend your access to Instant Messaging until the next month.

(c) In the case of other Tovo services or promotions offered from time to time, what is regarded by us as excessive use will either be advertised by Tovo at the time of the relevant promotion or included in this Fair Use Policy prior to the commencement of the relevant promotion.

Using the Services to exploit any “unlimited” offers

Without prejudice to the above, we will also consider your use unfair and unreasonable if you use any or all of the Tovo Services in any way designed to unfairly exploit the unlimited usage or cause us loss, for example, by using the services for commercial purposes, to take advantage of mistakes or errors in our pricing, accessing services that are not included or using an unauthorised device.

We reserve the right to make reasonable changes under this Fair Use Policy in accordance with the Terms for Tovo Services and any new version published by us that replace this version.

Other Unreasonable Use

It is unreasonable use of Tovo services where your use of Tovo services or participation in a Tovo promotion is reasonably considered by us to be fraudulent or to adversely affect the Tovo network or systems or other Tovo customers' use of or access to a Tovo service or the Tovo network.

Among other things, "fraudulent use" includes resupplying a Tovo Service without our consent so that someone else may access or use the Services.

Similarly, any application that overloads the network(s) utilised by Tovo by whatever means will be considered as making profligate use of the network and will as such NOT be permitted. Use of IP multicast other than by means provided and co-ordinated by Tovo is likewise prohibited.

Our rights

Where you are in breach of this Fair Use Policy, we will endeavor to contact you to discuss changing your usage so that it conforms to this Fair Use Policy. If, after Tovo has contacted you (or if we are unable to contact you within 24 hours) your excessive or unreasonable use continues, Tovo may, without further notice to you:

a) in the case of calls made by you or, where applicable, received by you, charge you at its published Pay As You Go rates for your use of the Services;

b) Suspend or limit the Services (or any feature of it) for any period we think is reasonably necessary; and/or

c) Terminate Your agreement in accordance with our Terms & Conditions of Service.

If at any time a User's monthly usage of a particular Tovo service qualifies that User for transferal onto a different tariff, we reserve the right to transfer the User onto that tariff (regardless of whether the User requests to be transferred onto another tariff or not).

Please note that we reserve the right to vary the terms of the Fair Use Policy from time to time. Changes made to the Fair Use Policy become effective upon posting of the modified Policy on this Website. It is the User's responsibility to ensure their awareness of any such changes.