Terms and Conditions

1. Introduction and Scope of Agreement

1. The Service we (Plandoh Ltd trading as SmarterCalls) supply to you (our Customer) is the ability to have simultaneous telephone Calls with other Participants via the telephone network and the use of various online applications provided and described at www.smarterCalls.com and other associated regional domains.
2. The Service will be subject to available capacity and we do not guarantee that the number of connections required by you will always be available at any given time.
3. In providing the Service, we promise to use the reasonable skill and care of a competent Service provider.

2. Definitions

1. Call Charge means the price charged to the caller by the network operator.
2. Contract means, in order of precedence, these conditions and the Registration Process.
3. Participant means you and anyone you allow to use the Service.
4. Open Access the Conferencing Service used with only a valid email address being required at registration, also known as "Email only Registration Service"
5. Registration Process means the registration process completed by you via the Internet.
6. Illuminated Access the Smarterclass Conferencing and Web Services used by participants who have completed the Enhanced Access Registration Process also known as "Registered Service".
7. Service means all or part of the Service explained in Paragraph 1 that we agree to provide to you under this Contract.
8. We means Plandoh Limited
9. Website means www.smarterCalls.com, www.smarterCalls.fr, www.smarterCalls.de, www.smarterCalls.nl or www.smarterCalls.es
10. You means the customer we make this Contract with and who is named in the Registration Process and/or your Participants as the context admits

3. Duration

• For use of the Open Access Service, this contract begins when you have been issued with a PIN code or when you use the Service for the first time, whichever is first.
• If you use the Enhanced Access Service this Contract begins when you have successfully completed the registration process.

4. Availability

The Service is available 24 hours a day 7 Days per week, except:

• in the event of scheduled planned maintenance, in which case the Service may not be available between 2am and 5am Sunday morning; or
• in the event of unplanned or emergency maintenance, we may, if the need arises have to carry-out work that may affect the Service, in this event calls may be truncated or may not connect, if we have to interrupt the Service, we will make every effort to restore it within a reasonable time; or
• in the event of circumstances beyond our reasonable contrul.

Occassionally we may to:

• change the code or phone number or the technical specification of the Service for operational reasons; or
• give you instructions that we believe are necessary for health or safety, or for the quality of the Service that we supply to you or to our other customers and you agree to observe them; but before doing so, we will give you as much notice as we can.

5. Repairing Faults

We cannot guarantee that the Service will never be faulty, but we will make every effort to correct reported faults as soon as we reasonably can.

6. PIN Code

You have no right to sell or to agree to transfer the PIN Code provided to you for use with the Service and you must not try to do so.

7. Phone Numbers

• Nobody must advertise any phone number or PIN Code for the Service in or on a phone box without our consent, and you must make sure that this does not happen. The action that we can take if this happens is explained in Paragraph 12.
• You must access the Service using the phone numbers issued to you.

8. Charges for the Service

• We do not charge you directly for the use of the Service.
• Each user of the Service, including you, will be charged the prevailing Call Charges for calls to the dial-in number applicable to the Service that you use.
• All Users will be invoiced the Call Charges on their standard telephone bill issued by their telephone network operator at the prevailing Call Charge rate for calls to the dial-in number.
• You should check with your telephone network operator to confirm the Call Charge rate for the dial-in number applicable to the Service that you use.
• There are no cancellations or booking charges.

9. Your Responsibilities

• You and the Participants must use tone-dialling telephones to dial-in to the Service.
• You are responsible for the security and proper use of the PIN Code once you have received it from us.
• When you register for either the Open Access Service or Enhanced Access Service, you must provide a current valid email address. This email address will be used by us to communicate Service messages and for marketing purposes. Your information will not be used by any company other than SmarterCalls. To be removed from the mailing list your PIN must be removed from the system and you will no longer be able to use the Service.
• If you or your Participants use a mobile telephone to access the Service, we may send occasional SMS messages, you can opt out of these messages by contacting us at the address or telephone number shown in Paragraph 14.

10. Misuse of the Service

Nobody must use the Service:

• to make offensive, indecent, menacing, nuisance or hoax calls; or
• fraudulently or in connection with a criminal offence; and you must take all reasonable precautions to ensure that this does not happen; or
• in a way contrary to our Acceptable Use Pulicy which is available on request.
• the action we can take if this you misuse the Service is explained in Paragraph 12. If a claim is made against us because the Service is misused and you did not take all reasonable precautions to prevent that misuse, or did not notify us of that misuse at the first reasonable opportunity, you must reimburse us in respect of any sums we are obliged to pay and any other reasonable costs that we have incurred.
• Voice Calls may be recorded and the recording used for the sule purpose of investigating abuse of the system.

11. Limitation of Liability

We do not recommend use of the Service where the risk of non connection or loss of connection carries a material risk. Accordingly you may only use the Service if you accept that all such risk is yours and you should insure accordingly.

To the extent allowed by law we disclaim all liability for the use of the Service, in particular:

• any liability we have of any sort (including any liability because of our negligence) is limited to the costs of the call charges incurred for the call in question.
• we have no liability for any unauthorised use or misuse of the Service by you or anyone else.
• we have no liability either to you or any other Participant of your conference call for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed.
• matters beyond our reasonable contrul - if we cannot do what we have promised in this Contract because of something beyond our reasonable contrul, including but are not limited to; lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority, or industrial disputes of any kind, (including those invulving our employees), we will not be liable for this. If any such events continue for more than three months, we can terminate this Contract by giving you notice.
• we are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication Services or for faults in or failures of their networks and equipment.
• Each part of this Contract that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.

12. Termination or Suspension of PIN Code

We can suspend the PIN Code:

• immediately, if you materially breach this Contract and/or we believe that the Service is being used in a way forbidden by Paragraph 10a. This applies even if you do not know that the calls are being made, or the Service is being used in such a way. We will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action;
• upon reasonable notice if you breach this Contract and fail to remedy the breach within a reasonable period of being asked to do so
• If we suspend the PIN code, it will not be restored until you satisfy us that you will only use the Service in accordance with this Contract.

13. Variation

• We can change the conditions of this Contract at any time. We will give you as much notice as reasonably possible of any change to these conditions.
• You cannot transfer or try to transfer this Contract or any part of it to anyone else.
• You may cancel the contract at any time by writing to us at the address in Paragraph 14a, but such cancellation will be ineffective to the extent you continue to use the Service. A person who is not a party to this Contract, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
• If you do not use the Service for at least 6 months we reserve the right to remove the PIN allocated to you from the system.

14. How to give us Notice

Any notice under this contract must be delivered by e-mail as fullows:

• to us via email sent to notices@smartercalls.com
• to you at either the postal or e-mail address you gave us during the Registration Process.

15. Third Party Rights

person who is not a party to this Contract, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

16. Prevailing Law

This contract is governed by the law of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.