Terms & Conditions

Table of contents

Powwownow General terms and conditions

  • 1. Introduction and scope

    • 1.1

      The Service We (Via-Vox) You (our Customer) provides allows simultaneous telephone communications with other Guests on the telephone network.

    • 1.2

      The Service will be provided subject to availability and we do not guarantee that the number of connections you will need will be available at all times.

    • 1.3

      We promise to bring to the service all the care and efficiency expected from a competent provider of telecommunications services.

  • 2. Definitions

    • 2.1

      "Calling rate" means the rate charged by the telephone network operator and billed to the calling party.

    • 2.2

      "Contract" means, in order of priority, the present terms and conditions, the Via-Vox price list and the registration process, or the subscription form if applicable.

    • 2.3

      "Guest" means any person you authorize to use the Service.

    • 2.4

      "Standard Access" means the Via-Vox Conferencing Service used with only a valid e-mail address to be provided at registration, also known as the "E-mail Only Registration Service".

    • 2.5

      "Registration Process" means the registration process you follow on the Internet.

    • 2.6

      "Access Plus" means the Via-Vox conference service used by Guests who have completed the Accès Plus registration process, also known as "Registration Service".

    • 2.7

      "Service" means all or any part of the Service described in paragraph 1, which we agree to provide to you under this Agreement.

    • 2.8

      "We" means Via-Vox Limited.

    • 2.9

      "You" means the client with whom this Agreement is entered into and who is named in the Registration Process and / or your Guests, depending on the context.

  • 3. Duration

    • 3.1

      For Standard Access Service customers, this contract begins when you have received a code or when you use the service for the first time, whichever comes first.

    • 3.2

      If you use Access Plus Service, this contract begins when you have successfully completed the registration process.

  • 4. Your Privacy and Processing of Personal information

    • 4.1

      When you register for Standard Access Service or Access Plus Service, you must give us a valid and active email address. We use this e-mail address to create you an account and communicate with you about the service you have subscribed to.

    • 4.2

      For information about our data protection practices, please read our Privacy Policy which can be viewed at https://www.powwownow.nl/privacy The Privacy Policy explains how we process your personal information and protect your privacy when you use our Services and submit your information or data to us. It also outlines how you are able to change your privacy preferences.

    • 4.3

      This Privacy Policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data. Section 8 of the Privacy Policy provides information about the circumstances in which we may act as a data processor, rather than a data controller.

    • 4.4

      The Privacy Policy and Data Processing Agreement (where applicable) form part of our General Terms and Conditions of Service.

    • 4.5

      If you or your Guests use a mobile phone to access the Service, we may send you Service SMS messages outlining more cost effective ways for you to connect to the call. You may choose not to receive these messages by contacting us at the address or telephone number indicated in paragraph 15.

  • 5. Availability

    • 5.1

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

      • if maintenance operations are planned, the Service will not be available between 02h00 and 05h00 on Sunday morning; or

      • if unplanned or urgent maintenance is required, we may have to perform work that could affect the Service. As a result, calls may not be successful or may be interrupted. In this case, we will endeavor to restore the service as soon as possible; or

      • in the event of circumstances beyond our control.

    • 5.2

      Maintenance programs and service status reports will be provided upon request.

    • 5.3

      From time to time, we will eventually have to:

      • change the call sign, telephone number or technical specifications of the Service for operational reasons; or

      • give you instructions that we deem necessary for health or safety reasons, or for the quality of the Service we provide to you or our other customers, and you agree to observe them. However, before doing so, we will give you as much notice as possible.

  • 6. Repairs

    • 6.1

      You do not have the right to sell or agree to transfer the code provided to you to use the Service and you must not attempt to do so.

  • 7. Personal Identification Number

    • 7.1

      You do not have the right to sell or agree to transfer the code provided to you to use the Service and you must not attempt to do so.

  • 8. Phone numbers

    • 8.1

      It is prohibited to display the phone number or service code in or on a phone box without our consent and you are responsible for ensuring that this will not happen. The steps we could take if this were to happen are explained in paragraph 12.

    • 8.2

      You must access the Service using the phone numbers we have provided to you.

  • 9. Rates for the Service

    • 9.1

      We do not charge you directly for the use of the Service.

    • 9.2

      Each user of the Service, including you, will have to pay the current call rates for calls to the access number corresponding to the Service you are using.

    • 9.3

      Call rates for all Users will be shown on the telephone bill normally issued by the network operator, at the call rates in effect for calls to the access number.

    • 9.4

      You will need to check with your telephone network operator the rates of calls for the access number corresponding to the Service you are using.

    • 9.5

      There are no cancellation fees or booking fees.

  • 10. Your responsibilities

    • 10.1

      You and the Guests must use key telephones to access the Service.

    • 10.2

      You are responsible for the security and correct use of the code once it has been communicated to you by us.

    • 10.3

      When you register for Standard Access Service or Access Plus Service, you must give us a valid and active email address. We use this e-mail address to create you an account and communicate with you about the service you have subscribed too.

  • 11. Misuse of the Service

    • 11.1

      It is forbidden to use the Service:

      • to make shocking, indecent, threatening or anonymous calls; or

      • fraudulently or in the course of illicit activities. You must also take all reasonable precautions to ensure that this does not happen; or

      • in a manner contrary to the Via-Vox Acceptable Use Policy which will be provided upon request.

    • 11.2

      the measures we may take in such a case are explained in paragraph 12. If a complaint is lodged against us because the Service is misused in this manner and you have not taken reasonable precautions to prevent it, or If you have not informed us of this use at the earliest opportunity, you will be required to reimburse us for all sums we will be required to pay, as well as any other reasonable charges we will owe.

    • 11.3

      Voice calls can be recorded and the recording used for the sole purpose of investigating system abuse.

  • 12. Limitation of liability

    • 12.1

      We do not recommend using the Service if the risk of non-connection or loss of connection carries a material risk. As a result, you may only use the Service if you accept responsibility for this risk and you will need to insure against such risk accordingly.

    • 12.2

      To the extent permitted by law, we assume no liability for the use of the Service, in particular:

      • Any liability assumed (including liability arising from our negligence) is limited to the communication costs incurred for the conference in question.

      • We do not accept any liability for unauthorized or improper use of the Service by you or any other person.

      • We assume no liability to you or to any other Guest for your conference call in the event of a loss that can not be reasonably anticipated, and in the event of loss of customers, income, anticipated profits or savings, wasted expense, loss of financial loss or loss or damage to data.

      • In the case of matters beyond our control, that is, if we cannot do what we have promised under this Agreement due to an event beyond our control, including but not limited to Lightning, flooding or exceptionally severe weather conditions, fire or explosion, civil unrest, war or military operations, national or local emergency, government or other competent authority measures or social conflicts (including those involving our employees), our responsibility cannot be engaged. If such events continue for more than three months, we may terminate this Agreement upon notice.

      • We do not accept any liability under the law of contract and tort law (including liability for negligence) or otherwise in the case of acts or omissions of other providers of Telecommunications Services or otherwise which concerns faults or failures of their networks and equipment.

    • 12.3

      Each part of this Agreement that excludes or limits our liability operates separately. In the event that a party is prohibited or cannot be put into effect, the other parties will continue to be applicable.

  • 13. Termination and suspension of Services

    • 13.1

      We are entitled to suspend the code:

      • immediately if you are in breach of this Agreement and / or we have reason to believe that the Service is used in a manner prohibited by paragraph 10a. This condition applies even if you do not know that calls are being made or that the Service is being used. We will inform you of such suspension or termination as soon as possible and explain the reasons for our action;

      • upon reasonable notice if you are in breach of this Agreement, and if you fail to rectify the breach, upon our request, within a reasonable time.

    • 13.2

      If we suspend the code, it will not be reinstated until we are satisfied that you will use it in accordance with this Agreement.

  • 14. Variation

    • 14.1

      We are entitled to change the terms of this Agreement at any time. We will give you reasonable notice of any change to these terms.

    • 14.2

      You may not transfer or attempt to transfer this Agreement, in whole or in part, to anyone else.

    • 14.3

      You may terminate the Agreement at any time by written notice to the address given in paragraph 14a, but such termination will not be effective until 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 delete the code assigned to you by the system.

  • 15. Notice procedure

    • 15.1

      Any notice under this Agreement shall be delivered by hand or by facsimile, pre-paid mail or e-mail, using the following methods:

      • to us, Via-Vox Limited, Vectra House, 36 Paradise Road, Richmond, Surrey TW9 1SE, United Kingdom or any other address that is indicated by us.

      • to us by fax sent to +44 (0) 20 3355 4262

      • to us by e-mail sent to webenquiries@powwownow.com

      • to you at the mailing address or e-mail address you gave us during the Registration Process.

  • 16. Third party rights

    • 16.1

      A person who is not a party to this Agreement does not have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement. However, this does not affect the rights and remedies of a third party, existing or available outside this Law.

  • 17. Law in force

    • 17.1

      This contract is governed by the law of England and Wales. Any disputes will be subject exclusively to the jurisdiction of the courts of England and Wales.