Terms & Conditions
The following terms shall have the meanings set out below:
Iring24 Limited trading as ‘’Easykall’’
‘Agreement’ means Easykalls offer; these general Terms and Conditions including any special Terms and Conditions specified by Easykall, on which the parties agree Easykall will provide Services.
‘Customer’ means the party who makes an offer to Easykall to purchase the Services. ‘EasyKall ‘.
‘Services’ means the Easykall branded services to be provided by Easykall as described in this Agreement.
- Supply of Services
1.1 orders shall be accepted by Easykall if received from Customers under the age of 18.
1.2 When the Customer places an order for Services it shall constitute an offer to Easykall for the Services; such an offer is subject to these terms and Conditions of service.
1.3 Easykall shall not be obliged to accept any Customers order.
1.4 An Agreement for the Services shall only be formed once Easykall has confirmed acceptance of the Customer’s order.
1.5 All Services are subject to availability and may at the option of Easykall be withdrawn at any time.
- Price and Payment
2.1 Easykall will accept payment by certain Credit and Debit cards. Alternative payment methods may be available upon request. In all cases Easykall requires receipt of cleared payment as a condition precedent to the Agreement being effective.
2.2 Subject to clause 2.3 the prices payable for the Services shall be as stated in Easykall rate sheets current at the date of the Agreement.
2.3 Easykall Ltd will use its reasonable endeavours to give not less than seven days’ prior written notice to the Customer of any changes in the rates for the Services by publishing new rates at the website www.Easykall
2.4 All prices and rates are inclusive of Value Added Tax but exclusive of any applicable taxes in the country of supply. The Customer will be responsible for paying any such duties according to the local laws and regulations of their country of usage.
2.5 The Customer’s account may be topped-up at any time by making payments via the Easykall website or as may be specified by Easykall from time to time. The Customer may only use the Service if there is a pre-paid credit balance. Pre- paid calls are billed per minute. All charges for Services payable under this Agreement shall be calculated by reference to data recorded or logged by Easykall.
2.6 Any credit on a Customer’s Service account which remains unused three (3) months after purchase shall expire and will not be refundable and any bonus or promotional credit entered on an account shall be non-refundable in any event.
2.7 Once purchased a prepaid credit balance is not refundable. Easykall will not refund any remaining value stored on an account whether before or after its expiry date.
2.8 To use the Easykall service, you must make a connection at least once every 60 days. If you do not, your service may be disconnected and you may not be able to use the service at all. Any credit on your account at the time of disconnection will be forfeited.
3.1 The Service will not be available unless the Easykall Application or SIM card is activated on the Customer’s handset. If not, the Mobile Network Operator’s usual charges will apply.
3.2 The Customer undertakes not to use the Service for the transmission of any material which is or is intended to be defamatory, offensive, abusive, seditious, obscene or menacing character, to be a hoax call to emergency or other government services or in any other manner which constitutes a violation or infringement of the rights of any other party.
3.3 Easykall will use all reasonable endeavours to ensure that the Service is available for use by the Customer at all times during this Agreement, including without limitation to correct as soon as is reasonably practicable any Service fault notified by the Customer, provided that:
3.3.1 Easykall reserves the right to interrupt a call at any time with a message indicating how much credit is left on the Customer’s account; and
3.2.2 The Services will be subject to loss or interruption including without limitation interruption which is attributable to any software, repairs, maintenance, upgrades, modifications, alteration or replacements.
3.4 The Customer is responsible for the accuracy of any order placed and for ensuring that Easykall has sufficient information in order to full fill that order.
3.5 Easykall may suspend the Services and/or disconnect the Customer from the Network during any technical failures, modifications or maintenance of the Network.
3.6 In order to use the Services the Customer may need to make calls, or send messages, from their mobile device to an access number, or message gateway. These calls, or messages, may be chargeable to the Customer under the Customer tariff agreement with their Mobile Network Operator.
- Liability4.1 Subject to clause 4.2 the total of Easykall liabilities arising under or in connection with this Agreement arising from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused shall not exceed the sum paid by the Customer for the Service in respect of which the liability arises.
4.2 Notwithstanding anything to the contrary in this Agreement Easykall shall not be liable to the Customer under or in connection with this Agreement for any corruption, destruction or loss of data, loss of goodwill, loss of anticipated savings, loss of contracts, loss of revenue, loss of use, loss of profits, loss of business, for any extra operating costs and expenses or for any indirect or consequential loss whatsoever or howsoever caused, from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused.
4.3 Easykall will have no liability to the Customer and the Customer will indemnify, defend and hold harmless Easykall against all loss, damage or expense, including legal fees and costs of litigation, arising from claims of a third party where such claims arise in whole or in part from misuse of the Service by the Customer its employees or agents.
4.4 Nothing in this Agreement shall have the effect of excluding or limiting the liability of Easykall for death or personal injury resulting from its negligence or any other liability that may not be excluded or limited as a matter of the law of England.
4.5 The laws governing telecommunications in certain Countries provide for open competition and accordingly this gives Easykall the right to originate telephone calls for termination. The 2nd Number service has been developed for consumers within the countries to use while outside their home markets. In certain territories, the telecoms market may still be heavily regulated and accordingly restrictions over originating telephone calls from a mobile or personal computer may exist. Easykall offers no warranty that your use of our services will not infringe the rights of Telecom Companies or other parties and accepts no responsibility for any unlawful use. You are responsible for observing any restrictions on such use according to the Telecoms laws applicable in the jurisdiction of its use.
4.6 The provisions of this Clause 4 shall continue to apply notwithstanding termination or expiry of this Agreement.
- Intellectual Property Rights
5.1 The intellectual property rights relating to the Products, and Services including without limitation all patents, trademark, copyright and rights of like nature shall remain the property of Easykall and its licensors.
5.2 The Customer shall not be entitled to use the name, trademark, trade names or other proprietary identifying mark or symbol of Easykall or its suppliers without Easykall prior written consent.
- Termination6.1 Easykall shall have the right to terminate this Agreement in whole or part immediately by written notice to the Customer.
6.2 Without prejudice to its other rights, Easykall may disconnect, suspend the Service, and or terminate this Agreement by notice in writing to the Customer in the event that:
6.2.1 the Customer does not use the Service for 3 consecutive months;
6.2.2 Easykall is obliged to comply with an order instruction or request of government, an emergency service organisation or other competent authority;
6.2.3 Easykall needs to carry out emergency works to the Service or its network; or
6.2.4 if and when the Customer’s pre-paid credit is exhausted.
6.3 Easykall will terminate the Agreement without prior notice to the Customer if the Customer is suspected, in Easykall reasonable opinion, of involvement with fraud or attempted fraud or acts which are defamatory, offensive, blasphemous, seditious, abusive, obscene, illegal or menacing character in connection with use of the Service.
6.4 The Customer shall have the right to terminate this Agreement in whole or part immediately by written notice to the Customer in the event that:
6.4.1 Easykall modifies the charges under clause 4.2 or the conditions under clause, and then the Customer shall have the right to terminate this Agreement in whole or part immediately by written notice to Easykall within fourteen days of the relevant changes;
6.4.2 the Customer gives to Easykall not less than 30 days written notice of termination.
- Consequences of Termination
7.1 Termination of the Agreement shall not affect either party’s accrued rights or obligations hereunder as at termination or any rights or obligations which are expressly referred to, or made by implication, and shall continue after this Agreement has ended.
8.1 During the Initial Term of this Agreement and after termination or expiration of this Agreement for any reason, the Recipient Party:
(a) shall not use Confidential Information for a purpose other than the performance of its obligations under this Agreement;
(b) shall not disclose Confidential Information to a person except with the prior written consent of the Disclosing Party or in accordance with Clauses 8.2 and 8.3.
8.2 During the term of this Agreement, the Recipient Party may disclose Confidential Information to any of its directors, other officers, employees and sub-contractors (a “Recipient”) to the extent that disclosure is reasonably necessary for the purposes of this Agreement. Where Easykall is the Recipient Party, it can disclose Confidential Information to any Easykall group company.
8.3 The Recipient Party shall ensure that a Recipient is made aware of and complies with the Recipient Party’s obligation of confidentiality under this Agreement as if the Recipient was a party to this Agreement.
8.4 Clauses 8.1 to 8.3 do not apply to Confidential Information which:
(a) at the date of this Agreement, or at any time after that date, becomes publicly known other than by the Recipient Party’s or the Recipient’s breach of this Agreement;
(b) can be shown by the Recipient Party to the Disclosing Party reasonable satisfaction to be known by the Recipient Party before disclosure by the Disclosing Party to the Recipient Party; or
(c) is required to be disclosed by law or by the rules of any stock exchange to which the Recipient Party is subject.
9.1 In the case of any Customer who is an individual about whom Easykall processes personal data, the following shall apply:
9.1.1 Easykall may process such personal data for the purposes of administering the relationship with the Customer and, as part of its use of such data, may transfer that data to other Easykall companies in other jurisdictions;
9.1.2 Easykall may also, from time to time, use such personal data to provide the Customer, whether by telephone or facsimile or electronic mail or other means of communication, with details of promotions, products and services of Easykall may be of interest to the Customer. The Customer may opt-out from receiving this information by writing to Easykall;
9.1.3 Easykall may use credit scoring or carry out a credit check when considering the Customer’s application and also when operating account(s) or making credit decisions or otherwise providing the Services or Goods;
9.1.4 In the same circumstances, Easykall may search the files of credit reference agencies, who may keep a record of the search and the Customer authorises Easykall to do so.
9.1.5 Information about the Customer’s debts owed to Easykall may be disclosed to credit reference agencies where the Customer has fallen behind with its payments; the amount owed is not in dispute; the Customer has not made proposals satisfactory to Easykall for repayment of its debt following formal demand; and the Customer has been given at least 28 days’ notice of its intention to disclose;
9.1.6 Easykall may process customer information for the Services for the prevention or detection of fraud, and to deal with customer enquiries;
9.1.7 If the Easykall account is a joint account held by two or more persons, Easykall may share information about the Customer and the conduct of the joint Easykall account with the other person(s). Easykall may share information about the Customer and the conduct of the Easykall account with any person to whom Easykall transfers its rights or obligations under this Agreement;
9.1.8 Easykall may share Customer’s personal information with other companies, however, those companies can only process this information according to the instructions Easykall gives them; and
9.1.9 Easykall may receive requests from the producers of directories, and following this Easykall acting in accordance with the relevant data protection legislation will notify its Customers and give them the full opportunity to object to their data being disclosed.
9.2 By entering into this Agreement, the Customer expressly agrees to the use of personal data for the purposes described in Clause 9.1. 9.3 To help improve Easykall data service and in the interests of security it may monitor and/or record the Customers telephone calls with it.
9.4 The Customer undertakes promptly to provide Easykall free of charge with all information and co-operation that Easykall may reasonably require to enable it to proceed without interruption with the performance of its obligations under this Agreement.
- New Terms and Conditions
Easykall reserves the right to make changes to these Terms and Conditions either by giving the customer 7 days notice (including by notice using the website below) or without notice if there is a valid reason. A valid reason shall include an increase in interconnection, carrier or related costs payable by Easykall. These changes to the Terms and Conditions shall be displayed on the Easykall website at www.qtglobaconcepts.com and can be requested by writing to or phoning Easykall customer service department.
- Force Majeure Easykall shall not be liable for any delay or failure to perform its obligations under the Agreement if such failure results from circumstances beyond Easykall reasonable control.
12.1 any failure to exercise or delay in exercising a right or remedy provided by this Agreement, or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
12.2 Easykall may transfer, assign or delegate any or all of its rights under this Agreement to any party and it may assign any or all installation and repair works of the Product to a Easykall appointed supplier or subcontractor. The Customer may not assign or transfer or delegate, any of its rights or obligations under this Agreement without the prior written permission of Easykall.
12.3 A notice under or in connection with this Agreement shall be in writing and may be delivered personally or sent by first class post to the address of the relevant party set out above, or to such other address as the relevant party may specify by notice to the other in accordance with this Clause 12.3.
12.4 Easykall may vary these Terms and Conditions as a direct result of new legislation, statutory instruments, government regulations or licences, or similar events, provided that such variation shall be limited to the extent deemed by Easykall to be necessary for these purposes and following written notification to the Customer.
12.5 This agreement is made between the parties for the benefit of the parties and is not intended to be for the benefit of or enforceable by any other person and neither party can declare itself a trustee of the rights under this agreement for the benefit of any such person. The provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
12.6 1f any provision set out herein shall be held by any court to be invalid or unenforceable, the validity or enforceability of such provision shall not affect the other provisions or Clauses of the Agreement which shall continue in full force and effect.
12.7 All Clauses in the Agreement which are either expressed to survive or which are by implication intended to survive termination or expiry of the Agreement will continue to survive notwithstanding termination or expiry of the Agreement.
12.8 The headings in this Agreement are inserted for convenience only and shall not affect the construction of this Agreement.
- Entire Agreement This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior understanding and representations, whether written or oral (whether innocently or negligently) upon which the other party relied in entering into this Agreement, except for any fraudulent misrepresentations.
- Governing Law
14.1 a person who is not a party to this Agreement has no right under to enforce any Terms or Conditions of this Agreement.
14.2 This Agreement shall be governed and construed according to the laws of England and any disputes or proceedings shall be subject to the non-exclusive jurisdiction of the English courts.If you have any questions regarding Easykall Terms & Conditions of Service please contact admin@Easykall.co.uk