Terms and Conditions
1. Introduction and Definition of Agreement
1.1 The Service we (EuroDigiTel) supply to you ‘the Customer’ is the ability to have simultaneous telephone calls with other Participants/Work colleagues/Friends by using the public telephone network.
1.2 The conference call Service will be subject to the availability and capacity of the ‘Network’ and we do not offer any guarantee that the number of simultaneous telephone calls required by you will always be available at any given time.
2.1 “We” and “us” means EuroDigiTel Limited.
2.2 “Call Charge” means the price charged to the caller by the network operator
2.3 “Contract” means, in order of precedence, these conditions and the Registration Process.
2.4 “Participant” means you and anyone you allow to use the Service.
2.5 “Network” public telephone network either accessed by the mobile communications network or landline providers.
2.6 “Conference Call” the EuroDigiTel Conferencing ‘Service’ used with only a valid email address being required at registration, also known as “Email only Registration Service”.
2.7 “Registration Process” means the registration process completed by you via the Internet.
2.8 “Premium Call and Premium Call Plus” the EuroDigiTel Conferencing Service used by participants who have completed the Enhanced Access Registration Process also known as “Registered Service”.
2.9 “Service” means all or part of the Service explained in Paragraph 1 that we agree to provide to you under this Contract.
2.10 “The customer” means the (you) customer we make this Contract with and who is named in the Registration Process and/Participants as the context admits.
2.11 “Access number” telephone number you use to access the service.
2.12 “You” the registered Customer.
2.13 “User/s” peoples You the customer have invited to use the Service.
2.14 “Term” length of time You and the User/s use the Service
3.1 By using the ‘Easy Call’ Conference Service and its additional packages ‘Premium Call’ and ‘Premium Call Plus’, the contract Term begins when you have been issued with a PIN code or when you use the Service for the first time, whichever is first.
4.1 The Service is available 24 hours a day 7 Days per week. excluding:
4.1.1 in the event of unplanned or emergency maintenance.
4.1.2 in the event of circumstances beyond our reasonable control.
5. Rights of EuroDigiTel Limited
5.1 to bar access to or cease to provide the Services or any part thereof to you the Customer for such period as EuroDigiTel deems appropriate:
5.1.1 if the Customer is in breach of this Agreement or;
5.1.2 if EuroDigiTel (acting reasonably) or any Network Provider objects to the involvement of any person in connection with the use of the Services;
5.1.3 in the event of a direction to do so from a Network Provider or Regulatory Authority;
5.1.4 and in each case EuroDigiTel shall not be liable to the Customer for ceasing to provide or barring access to the Services;
5.2 to suspend access to the Services, if at any time use of the Services by the Customer causes congestion to the Services, any Network Provider or any other services or which is, in the reasonable opinion of EuroDigiTel, excessive, provided that Euro Digital shall inform the Customer as soon as reasonably possible of any suspension of access to the Services.
5.3 Without prejudice to clause 5.5, EuroDigiTel reserves the right from time to time to improve or alter the Services as it deems appropriate provided such changes do not substantially change the nature of the Services. EuroDigiTel reserves the right to suspend access to part or all of the Services as required for the purposes of remedial or preventative maintenance or improvement of the Services without liability or responsibility to the Customer provided that wherever reasonably possible Euro Digital shall have given reasonable prior notice to the Customer of such suspension and shall use and have used all reasonable endeavours to minimise disruption to the Customer.
5.4 EuroDigiTel shall not be obliged to give the you the Customer or the Users any priority over any other customers of EuroDigiTel with regard to the Services.
5.5 EuroDigiTel’s rights pursuant to this clause 5 shall not be exhaustive and shall be without prejudice to any other rights or remedies it may have whether pursuant to this Agreement, at law or otherwise.
5.6 Change the dialing code, phone number, PIN number or the technical specification of the Service for operational reasons.
6. Repairing faults
6.1 We cannot guarantee that the Service will never be fault free, but we will make every effort to correct reported faults as soon as we reasonably can.
7. PIN Code
7.1 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.
8. Access numbers
8.1 The access numbers and PIN Code for the Service must not be advertised. If this happen then access to the service may be suspended as explained in clause 5.
8.2 You can only access the service by using the telephone numbers provided to you.
9. Costs for using the Service
9.1 EuroDigiTel does not charge you directly for the use of the Service.
9.2 Each user of the Service, You and the User/s will be charged by your telecoms provider for calling the access number applicable to the Service that you use.
9.3 You should check with your telephone network operator to confirm the Call Charge rate for the access number applicable to the Service that you use.
9.4 For custom built conferencing portals ‘White labeled’ a charge per minute will be applicable, call charges upon application.
10. Your Responsibilities
10.1 You and the User/s must use tone-dialling telephones to dial-in to the Service.
10.2 You and the User/s are responsible for confidentiality of the access number and the PIN Code once you have received it from us.
10.3 When you register for the services (Easy Call, Premium Call & Premium Call Plus), you must provide a current valid email address. This email address will be used by us to communicate Service messages and marketing promotions. Your information will not be used by any company other than EuroDigiTel. If you need to remove you email address then your PIN must be also be removed from the system and you will no longer be able to use the Service.
11. Misuse of the Service
11.1 You or the User/s of the services must not:
11.1.1 make offensive, indecent, menacing, nuisance or hoax calls; or
11.1.2 engage in any fraudulently activity or in connection with a criminal offence; and you must take all reasonable precautions to ensure that this does not happen.
11.2 Failure to comply with this request will result in suspension (as described in clause 5) from the service and if requested by the relevant authorities all caller information may be handed over to them to take further action against You and the User/s.
If a claim is made against EuroDigiTel 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.
11.3 Callers using the Service may be recorded and the recording used for the sole purpose of investigating abuse of the system.
12. Limitation of Liability and Indemnities
12.1 By using the services you accept that all such risk is yours and You should insure accordingly. EuroDigiTel make no recommendation in using the Service where the risk of non-connection or loss of connection carries a material risk to You, User/s or any other Participant of your conference call.
12.2 To the extent allowed by law we disclaim all liability for the use of the Service, in particular:
12.2.1 any liability we have of any sort (including any liability because of our negligence) is limited to the costs of the call charges incurred by You for the call in question.
12.2.2 EuroDigiTel has no liability for any unauthorised use or misuse of the Service by You, User/s or anyone else.
12.2.3 EuroDigiTel has no liability either to You, User/s 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.
12.2.4 matters beyond our reasonable control – if we cannot do what we have promised in this Contract because of something beyond our reasonable control, 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 involving 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.
12.2.5 EuroDigiTel 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.
12.3 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.
13. Termination or Suspension of PIN Code
13.1 We can suspend the PIN Code:
13.1.1 immediately, if you materially breach this Contract and/or we believe that the Service is being used in a way forbidden by Clause 11. 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;
13.1.2 upon reasonable notice if you breach this Contract and fail to remedy the breach within a reasonable period of being asked to do so.
13.2 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.
14.1 EuroDigiTel 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.
14.2 You the Customer cannot transfer or try to transfer this Contract or any part of it to anyone else.
14.3 You may cancel the contract at any time by writing to us at the address in Clause 16, but such cancellation will be ineffective to the extent you continue to use the Service.
14.4 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.
14.5 Unless expressly so agreed, no modification or variation of this Agreement shall constitute or be construed as a general waiver of any provisions of this Agreement, nor shall it affect any rights, obligations or liabilities under this Agreement which have already accrued up to the date of such modification or waiver, and the rights and obligations of the parties under this Agreement shall remain in full force and effect, except and only to the extent that they are so modified or varied.
15. How to give us notice:
15.1 Any notice under this contract must be delivered of sent by facsimile or pre-paid post or by e-mail as follows:
15.2 to you at either the postal or e-mail address you gave us during the Registration Process.
15.3 to us at EuroDigiTel & Conyngham Hall, Knaresborough
15.4 to us via email sent to firstname.lastname@example.org
15.5 to us via facsimile sent to
16. Third Party Rights
16.1 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.
17. Data protection
17.1 To the extent that the Services involve the processing of any personal data in respect of which the Customer or a Caller is the data controller, EuroDigiTel shall:
17.1.1 be acting as a data processor only;
17.1.2 process such personal data only in accordance with the Customer’s written and legally compliant instructions and only as required to perform its obligations under this Agreement;
17.1.3 take technical and organisational measures which are consistent with best industry practice against unauthorised or unlawful processing of such personal data and against accidental loss or destruction of, or damage to, such personal data; and
17.1.4 at all times take reasonable steps to ensure the reliability of those of its employees who have access to the personal data held on behalf of the Customer or a Customer and shall use its best endeavours to ensure their compliance with the obligations set out in this clause.
17.1.5 In this clause 18, “personal data”, “data controller” and “data processor” has the meaning given in the DPA.
18. Governing Law and disputes
18.1 This Agreement shall be governed, construed and shall take effect in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.