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CALL ORGANISER TERMS & CONDITIONS
These Terms & Conditions apply to all customers who have purchased any version of Call Organiser.
These Terms & Conditions explain our responsibilities to you along with your responsibilities to Hotchilli and to the other users of the service.
If there is anything you do not understand or have any further questions about this product, please contact at sales@callorganiser.com or calling us on 0800 040 99 99.
Hotchilli reserves the right to refuse any application for service.
In these Terms and Conditions “we”, “us” and “our” means Hotchilli Internet and service means the Call Organiser Product.
1. The Service
1.1 The service is described on the Call Organiser Website.
1.2 You agree to receive the service and pay the required fees for a minimum of 12 months.
1.3 Hotchilli may occasionally have to interrupt the service or change the technical specification of the service for operational or planned maintenance reasons, for upgrades or because of an emergency. Hotchilli will attempt to give you as much notice as practically possible of any planned interruption of your service.
1.4 Hotchilli will correct reported faults as quickly as possible. Should you encounter a fault with the service you should report this by phoning Hotchilli Support or if possible make a posting to Hotchilli’s Total Control System. Hotchilli will investigate the fault between 09:00 and 17:30 Monday to Friday, excluding public holidays.
1.5 Customers who make use or wish to make use of the services to a large extent should provide us with forecasts of usage; this will ensure that we can continue to supply the service.
1.6 You must not misuse the service or permit anyone else to misuse them. Some examples of misuse are sending messages or making communications which are seem as offensive, abusive, indecent, defamatory, and obscene or menacing, or using the services for fraudulent, illegal or immoral purposes, or to cause annoyance, inconvenience or needless anxiety.
2. Fees
2.1 Hotchilli will provide you with the service for the fees that were set out on the web page at the time of purchase.
2.2 All chargeable Call Organiser products are charged annually. These charges are non-refundable once an invoice is raised. No pro-rata credit will be raised if the service is cancelled part the way through the year.
2.3 All payments shall be due to the company net on presentation of invoice unless otherwise specified on the invoice at the company’s main office or at such other address as may from time to time be specified by the company in writing.
2.4 Interest payable on demand whether before or after judgment shall accrue from day to day on overdue amounts at the rate of 4% above base rate + VAT if applicable.
2.5 All fees are subject to change from time to time. Details of any such increase shall be posted in accordance with the process in paragraph 9.1
3. Termination
3.1 Hotchilli request termination of any of the Call Organiser products to be in writing.
3.2 Hotchilli will terminate any free Call Organiser product that does not receive any usage on the telephone numbers provided for a 60 (sixty) day rolling period. Hotchilli will not guarantee the issue of the same telephone numbers if we agree to re-instate the free service.
3.3 Hotchilli may suspend or terminate the service if they are in breach of paragraph 1.6
3.4 Hotchilli may suspend or terminate the service if you fail to comply with any of the material terms and conditions
4. Assignment
4.1 The customer must not assign or otherwise transfer any of its rights or obligations under this agreement.
5. Limitation on Liability
5.1 Hotchilli shall not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
5.2 Any loss of goodwill or reputation; or
5.3 Any special, indirect or consequential losses or any destruction or loss of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this agreement, suffered or incurred by that party arising out or in connection with the provision of, or any matter under this agreement.
5.4 Any marketing material or company headed material
6. Indemnity
6.1 The customer indemnifies Hotchilli against any claims or legal proceedings (including damages, costs and expenses) arising solely from the customers use of the service which are brought or threatened against Hotchilli by any third party.
7. Personal Details
7.1 Hotchilli may retain your personal data and you authorise us to use your personal data for the following purposes:
7.2 For the provision of the service to you;
7.3 To keep a record for a reasonable period after termination of your service;
7.4 For operation and enforcement of these conditions;
7.5 To transfer it to another company in the event of a sale of Hotchilli;
7.6 For legal compliance;
7.7 It will always be your responsibility to keep the personal data that you provide to Hotchilli up to date.
8. Breach of Conditions
8.1 We shall investigate any suspected or alleged breach of this agreement. We reserve the right to take any action we deem reasonably appropriate and proportionate to the breach of the agreement.
8.2 If we decide that you have breached the agreement, we will use reasonable endeavours to give you notice of our intention to suspend or end the service. If you fail to remedy the breach or we are unable to contact you we reserve the right to suspend or end the service. If we decide the breach is of a serious nature, this may include jeopardising or compromising the security or integrity of our network and serious breach of our AUP, we reserve the right to suspend the service with immediate affect without giving notice whilst details of the breach are investigated further.
9. Amendment of These Conditions
9.1 Hotchilli reserves the right to add and/or amend the conditions at any time. If we amend these conditions you will be notified by letter or e-mail advising of the changes thirty (30) days before the amendment is to take affect. If we have not received any communication back from you within this time you will be deemed to have accepted these changes.
10. Expenses of the Company
10.1 The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company
11. Law and Arbitration
11.1 This agreement is subject to the laws of England under the jurisdiction of the Courts of England and any alteration to part of the agreement shall not invalidate the remainder. This agreement incorporates the provisions for arbitration if any are available under any Code of Practice issued by the Network operator under the provision of its licence.
Copyright © 2000 Hotchilli Internet.
All rights reserved all trademarks recognised Registered in England and Wales.
Registration number: 3428835.
VAT Number: 843 8952 86.
Registered office: 24 Chiswell Street, London , EC1Y 4TY.
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