Terms & conditions

This Agreement sets out the terms on which Tovo agrees to provide its services ("the Services") to you and applies to the Tovo Dashboard service and the Tovo Mobile service as the context requires.

 

This Agreement comprises (i) these Terms of Service; (ii) our Privacy Policy which is available at www.Tovo.com; and (iii) our pricing options which are available at www.Tovo.com.

 

Orders for the Services are accepted at our sole discretion. These Terms and Conditions take precedence if inconsistent with any other material on our Website.

 

The expressions, "Tovo", "we" and "us" and "our" mean Tovo (Europe) Limited (Company Number 6287402) whose registered office is at Eastlands II, London Road, Basingstoke, Hampshire, RG21 4AW. The expressions "you" and "your" mean you the customer.

 

BY REGISTERING FOR, ACTIVATING OR USING THE SERVICES, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THESE TERMS AND CONDITIONS.

 

1. Becoming a Customer

 

1.1 To become a customer, you must register with us by completing the on-line registration form and submitting it to us. Your registration will be subject to acceptance by us. We reserve the right to reject your registration for any reason.

 

1.2 We may accept your registration by e-mail confirmation and upon acceptance we will issue you with a Number and establish your Account (namely, the account established on our systems which records all of your pre-paid payment credits and usage and other charges in respect of your use of the Services).

 

We will issue you with a User Name and Password which you must use to access the Services and your Account. We strongly recommend that you change your Password on your first visit to the Website for security reasons. For your own protection, you must keep confidential your User Name and Password and any other security or lock code(s) associated with any equipment or software you use to access the Services. You are responsible for all persons who use your username and password to access the Services, whether authorized or not, unless acting on our behalf.

 

1.3 By signing up to the Services you understand and agree that the Services (in whole or in part) works using Voice Over Internet Protocol (VoIP) and may not offer all of the features and/or the quality of service you may expect from a traditional telephone service and may sometimes be affected, unavailable or non-accessible as a result of things over which we have no control, for example, the action or inaction of another telecommunications network operator or service provider, power disruptions, adverse weather and failures of your internet service provider (ISP), broadband connection or provider of public wireless hotspots.

 

1.4 Privacy: We comply with all applicable data protection laws in the UK and our current Privacy Policy is published at www.Tovo.com. By entering into this Agreement you confirm that you have read and understood our Privacy Policy and you agree to our using your data as detailed in our Privacy Policy.

 

1.5 Equipment:

 

1.5.1 In order to access the Services you will need to have:

 

(a) in the context of the Tovo Dashboard, a personal computer or laptop with all necessary communications software and hardware installed; or

 

(b) in the case of the Tovo Mobile Service, a compatible handset or other device ("Device") that will allow you to make and receive calls when within wireless coverage supporting the applicable Tovo Mobile Services.

 

1.5.2 You are responsible for and must have authorized access to and connect your Device or Software to an open Internet connection in order to access and use the Services

 

1.6 Please note that:

 

1.6.1 In respect of the Tovo Mobile Services, whilst Tovo has reached agreement with third party providers of wireless hotspots, Tovo makes no warranty or guarantee that any or all such hotpots will be available at all times or at any time.

 

1.6.2 The Services do not currently support access to 999/112/911 public emergency call services or any public emergency call services in any national jurisdiction.

 

1.6.3 The Services provided by us is not a Publicly Available Telephone Service (PATS) and your attention is specifically drawn to the service descriptions at www.tovo.com that sets out the Services offering and service limitations.

 

1.6.4 Number portability is currently unavailable with the Services. If you move your service to or from Tovo or to or from another provider you may not be able to keep the telephone number issued to you by us.

 

1.6.5 Age Restrictions: If you are aged 16 or under, you must get your parent/guardian's permission before you use the Services and, in particular, before you provide any personal information to us.

 

1.6.6 Directory Services: We do not include your Number or personal data in any directory or directory enquiry service whether managed by us or a third party. If you wish to have your personal data included in such services, you should register through our website or contact Customer Services by email. We may charge you for inclusion of your information in any publicly available telephone directory or as part of any directory information service at the price as stated in our tariff guide from time to time.

 

1.6.7 Security: We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control.

 

1.6.8 Third Party Websites: Where the Services is used by you to access any third party website(s), resources and/or networks worldwide, we accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

 

2. Your Use of the Services

 

2.1 You agree that you will use the Services in accordance with this Agreement, such other directions or instructions as we may notify to you from time to time and in accordance with any applicable laws and regulations. You are responsible for all activity and usage of the Services and for any breaches of this Agreement that may result.

 

2.2 You agree that you will not use the Services nor allow others to use the Services:

 

(a) for any unlawful or fraudulent purposes or to send a communication which is defamatory, abusive, obscene, offensive, menacing or otherwise criminal in nature or in breach of any copyright, privacy or any other rights; or

 

(b) not make available or upload data via your use of the Services that contain a virus, worm, trojan or other malicious data or download any disabling or harmful devices or use the Services to send bulk unsolicited commercial emails or telephone calls; or

 

(c) not reverse the charges on any telephone call or accept a reverse charged call; or

 

(d) not embark on any course of action, whether by use of your website, telephone or any other means, which may cause a disproportionate level of activity (for example, causing mail bombs, denial of service attacks or encouraging large numbers of inbound phone calls); or

 

(e) act in such a way that, in our reasonable opinion, is likely to affect the quality of the Services or any other service(s) provided by Tovo or any third party.

 

2.3 You agree that the Services is for your own use only and that you will not without our prior consent in writing re-sell or re-supply the Services to others for money or monies worth.

 

2.4 You agree to notify us immediately by cntacting Tovo customer support if any Device or Software used to access the Services is stolen or if you become aware of any unauthorised use of the Services. Failure to do so may result in you being liable for any losses arising as a result of such unauthorised use and suspension or termination of your Services.

 

2.5 All information provided by you to us shall be true and accurate and will be relied upon by us for the provision of the Services.

 

2.6 If, at any time, the Services is affected or unavailable other than due to our negligence or willful default, you may continue to be charged for the Services.

 

3. Tariffs, Charges and Payment

 

4.1 Unless otherwise specified, the Services is offered and made available to you on the condition that you establish and maintain a pre-paid account ("Account") with us and provide us with all necessary and required authorisation to charge your designated credit or debit card for your initial and subsequent top-up credits to your Account from time to time. The said authorisation will remain valid until 30 days after Tovo receives your written notice specifically terminating our authority.

 

4.2 Purchasing Credits: You pre-pay for the Services by purchasing Credits which are recorded in your Account. Credits are not repayable by us nor is interest payable on any Credit you have with us. Each time any chargeable element of the Services is used by you (or someone else using your Account) the Credits you have purchased are reduced by reference to our relevant charges. Except in the case of an obvious error, our records determine how much your Account is topped up and the rate of use of the Services and the charges applicable thereto.

 

4.3 Provision of the Services is conditional upon you paying all fees and charges applicable to the Services in accordance with this Agreement. In particular, you agree that we may make deductions from your Account from time to time and at any time in respect of call charges and other published fees and charges (including but not limited to, details of shipping fees, activation fees, administration fees, number change fees and disconnection fees) incurred by you. Details of all then current fees and charges applicable to the Services can be found at www.Tovo.com. 4.4 The methods of payment accepted by Tovo are set out on our website at www.Tovo.com. Where VAT must be paid we have included it at the current rate. You agree that we shall provide you with an electronic modified VAT invoice showing the total amount due and the amount of VAT payable if requested. All electronic VAT invoices are available by accessing your on-line account.

 

4.5 If payment is by credit or debit card, we reserve the right at any time to stop accepting credit cards from one or more issuers. If your credit or debit card details change you must notify us immediately. Failure to do so may lead to suspension or termination of your Services. 4.5 We may at any time, impose a credit limit on your account and we may charge your debit or credit card for the full amount of charges incurred at any time and offset the amount credited against the full amount of charges due at the end of any billing period.

 

4.6 We reserve the right to impose a monthly administration charge (which will be deducted from your Account) in the event that you do not make any chargeable calls during any month.

 

4.7 We may suspend or terminate your Services at any time and from time to time if you exhaust the credit in your Account or if you fail to make any payment when it becomes due. You must pay all sums due in full and you cannot set off, deduct or withhold any part of any sum you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.

 

4.8 Without prejudice to our right to deduct call or other charges from your Account as soon as they are incurred, all subscription charges will be billed monthly in advance and all usage-based charges will be billed monthly in arrears, together with any other charges which Tovo decides to bill in arrears.

 

4.9 We can change the payment terms for any good reason, for instance, if you do not pay your bills on time.

 

4.10 You must notify Tovo in writing within 7 days after the date of your debit or credit card statement if you dispute any Tovo charges. Billing disputes must be notified to billing@Tovo.com.

 

4.11 If you use the Services in a manner that is inconsistent with a particular Tovo pricing plan or our Fair Use Policy we reserve the right to apply the pricing plan that corresponds to the level and type of use you make of the Services. If you use the Services other than for normal and reasonable purposes and contrary to usage patterns reasonably expected of a residential or small business user as the case may be, we may suspend or terminate the Services immediately in which case you will be responsible for paying all charges under the applicable pricing plan including without limitation unbilled charges, disconnection fees and other charges all of which immediately become due and payable. Please also refer to our Fair Use Policy for details of the scope of our Call Package Plans.

 

4.12 If you accept a special offer or other promotion, such as a free month of service, a rebate or other incentive, there may be a term commitment associated with the benefit you accepted. The commitment period will be disclosed as part of the promotion. If you terminate service prior to the end of the commitment period, you agree to pay Tovo a recovery fee for the promotion/special offer you accepted. Recovery fees are cumulative and in addition to any other charges or fees you may owe Tovo. Each recovery fee is an amount equal to the difference between the price you paid and the regular price of the goods or service at the time you accepted the promotion/special offer.

 

5. Suspension, Termination and Cancellation

 

5.1 Without prejudice to our rights to terminate this Agreement, we may suspend the Services or any part thereof if we reasonably believe you are in breach of any term of this Agreement or any other agreement with us or you abuse or threaten us, or a member of our staff. We may also suspend the Services if we are obliged to do so in order to comply with an order, instruction or request of government or other competent authority.

 

5.2 Upon any suspension or termination by us, you will continue to be responsible for all charges up to the end of the then current Billing Period, including without limitation unbilled call charges, disconnection fees (details of which are set on our website at www.Tovo.com) and other charges all of which immediately become due and payable. In the event that your Credit balance in your Account is insufficient, we may immediately charge these amounts to your debit or credit card. We may or may not agree to restore your Services. Before we agree to restore your Services a re-activation fee (details of which are set on our website at www.Tovo.com) will be charged.

 

5.3 Termination: We reserve the right to terminate this Agreement immediately and without any liability upon notifying you by email to the email address provided to you by us on registration (or as subsequently advised in accordance with this Agreement) if:

 

5.3.1 you are in breach this Agreement and fail to remedy the breach within 24 hours or such other time period specified in a written notice from us to do so; or 5.3.2 you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this Agreement if we think any of these things or something similar may happen; or 5.3.3 any regulatory change affecting our ability to offer the Services is introduced, including but not limited to any authorisation or licence under which we provide the Services expiring or being revoked; or

 

5.3.4 if any arrangement with other operator(s), supplier(s) or any third party(s) who provide any component part of the Services is terminated for whatever reason; or

 

5.3.5 if you have not used the Services for a period of six months or have not topped up your Account more than once in any twelve month period, in which event we will withdraw the Number(s) allocated to you in respect of your use of the Services and return such Number(s) to our pool of Numbers available for re-allocation to another customer.

 

5.4 Consequences of Termination: If we terminate this Agreement pursuant to Clauses 5.3.1, 5.3.2 or 5.3.4 above, you will forfeit any outstanding credit balance in your Account and you agree that any such monies may be retained and used by Tovo absolutely.

 

6. Variations: We may change or vary the terms and conditions of this Agreement and our charges and pricing plans or the Fair Use Policy at any time by posting changes on our website (www.Tovo.com). We shall endeavour to notify you of changes to pricing plans and charges at least 5 days before they are due to take effect, however, we may have to make changes without giving the full 5 days' notice. You agree that if you use the Services after any changes take effect you will be bound by the changes.

 

7. Warranty

 

7.1 We warrant that we shall provide the Services with reasonable skill and care, within a reasonable time and substantially as described in this Agreement. We do not warrant that the provision of the Services will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the Services. We do not make any other promises or warranties about the Services. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. The Services is made available "as is" for your own use only. Nothing in this Agreement affects your statutory rights.

 

8. Liability and Indemnity

 

8.1 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, or for any liability that cannot be excluded or limited by law.

 

8.2 You accept and agree that you will have no claim against us or any underlying network access provider if you are unable to access the Services and the exclusions and limitations of liability in this clause 9 shall apply to all claims arising from your use of the Services including claims against our network access providers.

 

8.3 We shall not be liable you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.

 

8.4 Except in the case of clause 8.1, our liability to you (if any) for direct loss or damages in contract, tort, including negligence or breach of statutory duty, or otherwise, arising out of or in connection with this Agreement shall be limited to £1,000 per incident or series of connected incidents and £10,000 in any 12 month period.

 

8.5 In the event of any failure in the Services or Equipment, we shall not be liable to you for any charges incurred by you should you divert your traffic to another provider.

 

8.6 You will indemnify Tovo from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service or Equipment (whether or not supplied by Tovo).

 

8.7. Matters Outside Our Control: We shall not be liable to you or be in breach of this Agreement for any delay or failure in performance if such delay or failure is due to a cause or factor beyond our reasonable control or a result of the action or inaction of any third party.

 

8.8. Disputes and Complaints Resolution: Details of our disputes and complaints resolution process and how to contact the Office of the Telecommunications Ombudsman can be found in our Code of Practice at www.Tovo.com

 

9. Software Licence and Intellectual Property

 

9.1 Tovo grants to you a non-exclusive non-transferable licence to use the Software for the purpose for which it is intended and for no other purpose. You will not reproduce the Software and you will keep the Software in confidence. You will not (to the extent that Tovo cannot prohibit such acts by law) modify, adapt, translate, reverse engineer, decompile or disassemble the Software or create any derivative work based thereon or merge or include the Software with or in any other software.

 

9.2 All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Tovo are and shall remain the exclusive property of Tovo throughout the world. Nothing in this Agreement shall grant you the right or licence to use such marks.

 

10. General

 

10.1 Monitoring: We reserve the right to monitor your use of the Services for quality control or training purposes and in order to maintain the Service and to protect other users of the Services. We reserve the right to record any conversations between you and our staff.

 

10.2 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.

 

10.3 If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.

 

10.4 Nothing in this Agreement confers on any third party any right to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

 

10.5 You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We reserve the right to assign or transfer our Agreement with you to any third party at any time without notice to you.

 

10.6 Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement.

 

10.7 This Agreement represents the entire agreement and understanding between us in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral. This clause shall not affect the parties' rights and remedies in respect of any fraudulent misrepresentation.

 

10.8 This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

 

15. More About Us

 

The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. www.tovo.com is provided by Tovo (Europe) Limited of Eastlands II, London Road, Basingstoke, Hampshire, RG21 4AW. Email customerservices@tovo.com. VAT number GB 917 3394 11.