Terms & Conditions

Below are the terms and conditions which govern orders by "you" of "the Products" through this web site. By ordering "the Products" you are acknowledging that you understand and agree to be bound by the terms and conditions set out below and such amendments as may be uploaded by us to this web site from time to time.

1 Broadband Phone Service

1.1 Service

1.1.1 General

For technical, operational and commercial reasons we shall be entitled to vary the the products and any aspect thereof at any time.

1.1.2 Acceptable Use

Customers agree not to use any services provided by us for illegal or prohibited purposes or in contravention of ComReg directives in force or as they may be issued from time to time. We reserve the right to cancel the service without notice if the customer is deemed to have contravened our acceptable use.

1.1.3 Customer Care

All customer care is initiated via our online help centre. We do not provide a 'live' operator service but service requests are logged and dealt with as quickly as possible and in strict rota. We do not supply, provide maintenance, or guarantee compatibility for any specific hardware used by our customers, notwithstanding that we may assist with configuration issues. However no liability attaches to us as a result of providing such configuration assistance. Customers are advised to purchase hardware from a reliable vendor and be satisfied with that vendor’s ability to support such hardware and or make sure a proper maintenance contract or guarantee is in place with that vendor.

1.1.4 Call Quality

Broadband telephone services are dependent on the quality of the customer's broadband internet connection and the usage of their service, and thus the quality of the voice services cannot be guaranteed in the event of power outages or other unforeseen circumstances beyond our control or as a result of failure to maintain a broadband internet connection sufficient to support our services. Where quality of service issues are identified, we will assist our customers, the customer’s equipment supplier and the customer's ISP to locate the problem and remedy the service issue where possible. This is part of our customer care commitment, however, failure by a customer to act on problems identified and remedy them may lead to additional charges being imposed for any subsequent work by us in identifying the source of the same issue already highlighted by us. We will endeavour to ensure that the service has a high degree of reliability, although no guarantee is made that service will be available in the event of power outages or other unforeseen events beyond our control, including without prejudice to the foregoing failure or incompatibility of customer hardware or failure by customer to maintain a broadband internet connection sufficient to support our services.

1.1.5 Emergency Calls

Emergency calls to 112, 911 and 999 will be directed to the emergency services but no guarantee can be made about the reliability of these calls. Customers should especially be aware that power outages are likely to render computer equipment and internet connectivity non-functional and therefore prevent use of the service for emergency calls. Due to the nature of the service it is not possible to guarantee that the emergency services can pinpoint the location of the call originator and in all such cases callers should inform the emergency services operator of their physical location and or where the emergency assistance is required.

1.1.6 Geographic Numbers

Customers purchasing products that include Irish geographic PSTN numbers warrant that they are normally resident in the Irish geographic MNA (Minimum Numbering Area) that the number is requested for. It is in contravention of the Irish Communications Regulatory body’s (Commission for Communications Regulation or ComReg) directives to subscribe to a geographic PSTN number if you are not normally resident in the MNA of the Irish geographic number allocated to you. Geographic numbers are not provided free of charge but are included as part of most call plans. Any other numbers provided are chargeable. Geographic numbers are only maintained on a customer's account where payment is fully up to date. Customers should wait to verify and test any assigned numbers prior to publishing numbers on websites, signs, telephone directories, company stationery or any other format. Speechpath accepts no liability for costs where a number is subsequently shown not to work as required. Customers purchasing products that include Ireland 076 VoIP numbers warrant that they are normally resident in Ireland or have a substantive association ine link with Ireland. It is in contravention of ComReg’s directives to subscribe to an Irish 076 VoIP number if you do not meet one of the above conditions. Upon the cancellation of your account, we will release to your new service provider, the telephone number(s) that you used in connection with your account, provided the new service provider is able to accept such numbers; , your account is paid in full and that you request such transfer upon terminating your account.

1.1.7 Termination

If no calls are made or received for a period of more than six months we reserve the right to terminate the account and all rights and numbers associated with that account and such rights and numbers associated with the account will revert to our ownership.

1.1.8 Indemnity

You shall indemnify and hold us harmless against all liabilities, claims, damages, losses, expenses, costs and proceedings howsoever arising from or in any way connected with the use of the Service.

1.1.9 Activation

Free services are activated and ready to use on completion of the online ordering process and are intended as a means of testing our service against your requirements and shall only be active for a maximum period of one month from date of activation and any or all parts of the free service will cease completely at the end of that month. Paid for services are activated and ready to use on completion of the online ordering process which includes validation by us or our agents of all payment and customer information.

1.1.10 Duration

The duration of a service is deemed to be from the date of completion of the online ordering process for that service, to the date of cancellation for that service. The minimum duration for any service is 1 month. These terms and conditions are applicable for the duration of the service.

1.1.11 Cancellation

Subject to clause 1.1.10 above, services may be cancelled at any time by the customer via the online customer portal. Any remaining charges for the services used will be charged up to the date of cancellation. There are no charges for cancellation. No refunds are given on cancellation.

1.1.12 Compensation and Refund Policy

We operate a no refund, no compensation policy. A free trial period is provided, customers are advised to test the service before purchasing, and free services may be cancelled at any time by the customer without charge through the online customer portal. Due to the nature of VoIP we will not refund or compensate for problems relating to call quality (see section 1.1.4) or lack of service availability. Any amounts pre-paid or paid will not be refunded on cancellation. If a charge has been erroneously applied to your account we will credit your account accordingly.

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1.2 Security

1.2.1 Call Confidentiality

VoIP telephone calls are carried in the public domain over the internet and therefore security of these calls is not guaranteed in the absence of security measures to be undertaken by the customer or the customer’s agents. We will endeavour to use appropriate security measures but accept no responsibility or liability with respect to call confidentiality.

1.2.2 Passwords

Your password protects your account; it is your responsibility to ensure that it is stored securely and must not be shared with anyone. If you suspect your password has been compromised you must change it immediately and inform us via our help desk. We will not be liable for any call charges or other losses related to the fraudulent use of a password to your account. Your password is protected by encryption, however we cannot ensure or warrant the security of any information which you transmit to us via the public internet and you do so at your own risk. Passwords to be used by your equipment to make and receive calls on an ongoing basis are encrypted and stored and protected by that equipment. It is your responsibility to ensure that equipment used by you is properly set up and will not yield up these passwords to unauthorised requests.

1.3 Charging

1.3.1 Payments

Account top-ups are a non-refundable payment. It is understood that by providing your credit/debit card number when signing up to the service you are authorising us to take payments against your debit/credit card for calls made on your account to chargeable destinations as per rates displayed on our website when applicable. When a charge is applied to your credit/debit card a receipt will be mailed to the email address specified on your account.

1.3.2 Call Charges

All calls are charged as per the rates displayed on our website. Calls are charged by the second. Calls are rounded up to the nearest cent (ex. VAT). There is no minimum call charge at present. We reserve the right to change rates. Rates will be charged as displayed on our website at the time of billing.

1.3.3 10 Free Minutes (Bonus Minutes) Offer

'Free' minutes are only applicable to the destination list specified. The list of destinations may change at any time, an up to date list of destinations is displayed on our website. 'Free' minutes unused do not carry forward to the following month. 'Free' minutes are measured in minute intervals, any call to a destination listed in the 'free minutes' list will be rounded up to nearest minute before being deducted from the remaining 'free' minutes. A call including 'free' minutes and 'normal' minutes will have the 'free' minutes subtracted and the balance charged as a normal call. Free Minutes other than those included in call plans are subject to a ‘fair usage’ policy as detailed below (1.3.4). This offer is subject to the terms and conditions detailed here and as such may cease at any time.

Unlimited Calling and Free Calls may be offered from time to time as promotions which may be subject to a time limit and are only to the destinations applicable to that promotion. Destinations may change from time to time; notifications of change will be posted on our web-site at least six weeks prior to any change. Unlimited Calling and Free Calls may be subject to a 'fair usage' policy which will be stated and explained in any such promotion. We reserve the right to charge for call volume in excess of the 'fair usage' threshold where we deem it appropriate. We reserve the right to block users who we decide are abusing our 'fair usage' policy.

1.3.5 Card Expiry

You will be notified when your credit/debit card is close to expiry. To make calls your credit/debit card must be valid, if your card expires you will no longer be able to make calls.

1.3.6 Direct Debit

All customers who pay by direct debit must pay a deposit, of a reasonable amount as determined by us. The deposit amount will determine your account limit. This deposit will be held by us for the duration of your contract with us. We will repay any deposit held to you, on cancellation of your account, once you have paid to us all charges due. If you fail to discharge your account on cancellation, we will apply the deposit towards the discharge of any outstanding charges due and repay to you the surplus (if any). Customers wishing to pay for services by Direct Debit must sign and return the original Direct Debit application form to Speechpath, Suite 9, 16 Herbert Street, Dublin 2, Ireland. Your account will then be activated 14 days after receipt of this DD form. Interim service can be provided on receipt of credit card details and is subject to these terms and conditions.

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2 Website

2.1 Hardware Orders

We do not supply hardware per se but hardware may be available via our partner www.procom.ie if required and in that event subject to the terms and conditions of http://www.procom.ie. We may provide advice on the suitability or otherwise of hardware if requested but no liability can be accepted or attached to us in respect of that advice or the performance of such hardware.

2.2 Disclaimers

We have taken care in the preparation of the content of this web site and the system for fulfilling your accepted order. Neither we nor our directors or employees or related companies shall be liable for any losses or claims arising directly or indirectly from use of this web site or purchase by you through this web site of any products except that this exclusion of liability does not apply to any damages in connection with death or personal injury caused by our negligence or the negligence of our directors and/or employees and/or related companies or any fraudulent representation made by same. To the fullest extent permitted by the law, we disclaim all warranties of any kind with respect to the content of this web site and/or the purchase by you on this web site of any products. Any links on this web site to other web sites are provided for your interest only and we have no control over these sites and therefore no responsibility or liability for their content or services supplied through them. Any link to such sites does not imply any endorsement of content or service.

2.3 Copyright and use of material

All information, data, text, images, graphics, artwork and the selection and arrangement of same as well as links, software and source code on the web site are subject to the copyright of Procom Voice Solutions Ltd, t/a Speechpath. or its contractors. All rights are reserved. No part of the web site may be reproduced in any form or by any means without our prior written consent except for the sole purpose of placing an order or corresponding with us. Our name and logo and all related product names and logos are our trade names/trade-marks and may not be used without our prior written consent.

2.4 Confidentiality

We hold information on subscribers in accordance with the provisions of the Data Protection Acts 1998-2003, and will adhere to any other relevant future legislation in this area. Under this legislation, members can obtain a copy of all information which we have on our database in relation to them. Members wishing to obtain such information should contact us via our help desk.

2.5 Privacy

We use the information we collect about you to process orders, to provide you with a personalised experience of this web site and the services/goods we provide (where appropriate) and to improve on an on-going basis the web site and the services/goods we provide. We do not sell, trade or rent your personal information to others. We may provide aggregate statistics about customers, sales, traffic patterns and related site information to reputable third parties, but these statistics will not include any information which could be linked to you personally. By using our web site you consent to the collection and use of information you submit and we compile for the purposes described in this paragraph, including with third parties outside the European Economic Area. If we decide to change our privacy policy we will post those changes on this page.

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3 Miscellaneous

These terms and conditions together with any other terms expressly referred to in these terms and conditions contain the entire agreement between us relating to the subject matter covered. You and we unconditionally waive any rights to rescind, repudiate or claim damages against the other on the basis of any statement or representation made by or on behalf of the other not set out or referred to in these terms and conditions unless such statement was made fraudulently. If any of these terms (or part of them) are held to be invalid or unenforceable then the validity and enforceability of the remaining provisions (or part provisions) shall not be affected. These terms and conditions do not affect consumer statutory rights. If you need to contact us, please do so through our Help Desk

4 Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions. These terms and conditions are intended to be serviceable. If for any reason, any term or condition is held unenforceable or invalid, the remaining shall be enforceable in full. In these terms of service, "we" and "us" means Procom Voice Solutions Ltd, (company number 475894) trading as Speechpath. visit http://www.speechpath.ie. Registered Office: Speechpath, Suite 9, 16 Herbert Street, Dublin 2, Ireland.

5 Disputes

Customer complaints should be in written form. Complaints can be sent via email to info@Speechpath.ie or submitted to our support centre ticketing system at http://support.Speechpath.ie or via post to: Speechpath, Suite 9, 16 Herbert Street, Dublin 2, Ireland. Speechpath will review the complaint, endeavour to resolve the issue, and reply within 10 working days. All complaints will be allocated a ticket reference and stored in our customer care database, for a period of not less than 1 year, and may be accessed online at any time.

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Speechpath
Herbert Hall
16 Herbert Street
Dublin 2

Tel: +353 (0)1 619 0619 (Sales)
Fax: +353 (0)1 619 0298

info@speechpath.ie (Sales) support@speechpath.ie

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