Terms & Conditions

IMPORTANT INFORMATION

The Customer acknowledges that this is a Voice over Broadband service, and as such, it is dependent on the Customer's connection to a broadband link and the internet.  The Customer's service may therefore cease to function if there is a power failure or a failure in the underlying broadband link or internet.

The Customer understands and acknowledges that this service allows calls to the emergency services numbers 999 and 112 and that calls to these services should not fail if there is a power cut or if the customer's broadband connection fails unless the underlying public telephone network (or the Customer's link to it) is also affected for the same or any other reason.

The Customer understands and acknowledges that the address provided by the Customer will be passed to the Emergency Services only when requested to do so by the Customer and will be used in location finding during a 999 or 112 call.  The Customer understands and acknowledges that the address provided is the location at which the service will be used and that it is the Customer's responsibility to notify Purple Networx of any changes to this information.

1.                  services

Subject to the terms and conditions of this Agreement, Purple Networx will provide to the Customer, the voice telecom services and/or related services in the specific package of services chosen.  Purple Networx shall take all due care in the provision and maintenance of the service to provide quality and reliability.  In the event of any failure or malfunction within its networks Purple Networx shall then correct any failure or malfunction as soon as is reasonably practicable.

2.                  term

The initial term of this Agreement shall be as stated in the Order ("Initial Term").  The Initial Term shall begin upon commencement of Service to the Customer, provided, however, no Service shall commence unless and until Purple Networx receives and accepts a completed Order from the Customer plus payment in full of all sums due at the commencement of the Initial Term and any setup charges.  Purple Networx reserves the right to reject any submitted Order for any or no reason prior to acceptance by Purple Networx.  After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below.  The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term".

3.                  fees and payment

All fees for Services rendered or provided to the Customer shall be in accordance with Purple Networx's price list then in effect, the terms of which are incorporated herein by reference. 

 1.                  Purple Networx may, at any time amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.

 2.                  All Customers signing up for the Purple Networx service will be asked to read and agree to our terms and conditions before registration is completed.  By agreeing to these terms and conditions the Customer agrees to abide by the terms and conditions. 

 3.                  At the time of first registration, a Customer shall arrange for all funds due from time to time to Purple Networx to be collected by direct debit payment to London & Zurich Plc.  Such direct debit shall remain in force throughout the Term and for so long as the Customer's contract has not been terminated.  This is a material term of this Agreement and any change(s) to direct debit/banking arrangements may be made by the Customer only with Purple Networx's prior written agreement.

 4.                  In the event that any amount due to Purple Networx remains unpaid after 30 days.  Purple Networx, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.

 5.                  All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Purple Networx) shall be paid by the Customer.

 6.                  All prices shown either on our web site, literature marketing, or in press releases distributed by or on behalf of Purple Networx are exclusive of VAT @ 17.5%.

7.                  If a Customer has any dispute or query relating to a Purple Networx invoice, this must be raised with Purple Networx within 14 days of the date of the invoice.  If no such query is raised within 14 days, payment of the invoice in full will be taken and Customer queries will be waived.

8.                  If for any reason charges due to Purple Networx remain due but unpaid after the due date for payment, a late payment fee of 1.5% of the due amount will be charged for each month and part of a month from the due date of payment until the date of actual payment.                                                                

4.                  customer's responsibility

Purple Networx will exercise no control whatsoever over, nor have any responsibility or liability, whatsoever for, the content of the information passing through its network.  Purple Networx shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.

Any Customers causing inappropriate CPU (Central Processor Unit) usage, system load, performing any illegal activities or misusing 999/112 services will be immediately suspended.

Any Customer responsible for behaviour of any of the descriptions above will immediately have his service ended and this contract terminated and will be subject to a £250 service fee upon termination.  On such accounts all monies outstanding must be paid and no refunds will be given.

Customer conduct.  Purple Networx will not tolerate bad language, verbal or threatening behaviour either via phone, email or any other form of communication.  Purple Networx expects that their Customer service and support representatives act in a polite and courteous manner at all times although when faced with over demanding, threatening or abusive callers they are empowered to terminate calls and suspend a users account pending investigation.

Purple Networx reserves the right to determine what constitutes abuse of their staff or services.

5.                  no warranty

The Customer agrees to use all Purple Networx Services and facilities, and any information obtained through or from Purple Networx, at Customer's own risk.  Customer acknowledges and understands that neither Purple Networx, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service.  Purple Networx specifically disclaims all warranties of any kind including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.

6.                  limited liability

Nothing in this contract shall exclude Purple Networx's liability for death or personal injury resulting from the negligence of Purple Networx or its agents or servants in the provision of the services or any matters related thereto.  Subject as aforesaid, under no circumstances, including negligence, shall Purple Networx, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special or consequential, multiple, or punitive damages, that result or are alleged to have resulted from the use of or inability to use the Service:  or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not being acts of God, communications failure, theft, destruction or unauthorized access to Purple Networx's records, programmes or services.  Purple Networx further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder.  Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the amount which the Customer paid during three months immediately preceding the claim or during the Term whichever is less.

7.                  indemnification

The Customer shall defend, indemnify, save and hold Purple Networx harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees compensatory damages, punitive damages, and statutory damages (hereinafter "Liabilities") asserted against Purple Networx, its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be provided or performed by Purple Networx, its agents, employees or assigns or any product distributed, offered or sold by Purple Networx, its agents, employees or assigns in response to a request (express or implied) made by or on behalf of the Customer for the same.

8.                  termination

This Agreement may be terminated:  (i) by either party, without cause, by giving the other party 30 days prior written notice, (ii) by Purple Networx, at any time, upon 20 days' prior notice if in the sole judgement of Purple Networx, the Customer has breached any material provision of this Agreement and has not cured same by the end of the 20 days; and (iii) by Purple Networx in the event of non-payment by the Customer as provided in Paragraph 3 above.

9.                  SOFTWARE COPYRIGHT

Any software used by Purple Networx to provide the Services and any software provided to the Customer in conjunction with providing the Services are protected by copyright law and international treaty provisions.  The Customer may not copy the software or any portion of it.

10.              terms and conditions

Purple Networx reserves the right to amend these terms and conditions from time to time and the Customer shall be bound by any such amendments.  The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by the Customer, including, without limitation, purchase orders and specifications.  ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY THE CUSTOMER AT ANY TIME ARE HEREBY REJECTED AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON PURPLE NETWORX.  No waiver or amendment to this contract or these terms and conditions shall be binding on Purple Networx unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of Purple Networx.

11.              notice

All notices must be sent either in writing or by email.  All notices to Purple Networx shall be delivered to its address stated below or its email address as provided.  All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order.  The parties may change their respective address by notice delivered to the other party.  All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested.  Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.

12.              miscellaneous

This Agreement sets forth the entire agreement between Purple Networx and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties.  If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect.  The Customer may not transfer or assign this Agreement without Purple Networx's prior written consent.  This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England.  The parties hereby submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum.  The Customer is deemed to have agreed to this Agreement, when commencing use of any of Purple Networx's services.

13.              dispute resolution & contact information

In the event of a dispute between Purple Networx and the Customer, the Customer in the first instance should contact Purple Networx direct.  Full company details are shown below.  In the unlikely event that a complaint cannot be settled locally, the ITSPA Code of Practice contains an easily accessible dispute resolution scheme for the purpose of bringing such complaint to a satisfactory conclusion.

We would be happy to discuss these with you, please Call Free on 0808 165 5555