If you are a consumer (not acting in the course of your business) the following Terms of Service apply:
TALKXTRA Consumer Terms of Service
Your contract with TALKXTRA
This Agreement sets out your legal rights as a TALKXTRA customer. This Agreement relates to using the TALKXTRA services for home use and not for business.
If you are a consumer (not acting in the course of your business), your agreement with TALKXTRA for this service is made up of:
These TALKXTRA Consumer Terms of Service; together with the TALKXTRA pricing options which are generally available at: www.talkxtra.com, www.talkxtra.ie, www.talkxtra.co.uk, www.talkxtra.eu, and are summarised in the order confirmation sent to you.
Essential service information
By signing up to TALKXTRA's services you confirm that you understand that our services:
- may not offer all of the features you may expect from a conventional phone line;
- may sometimes be unavailable as a result of things over which we have no control, for example, the weather, power disruptions and failures of your internet service
- provider (ISP) or broadband connection and you understand that in such circumstances all services (including 999/112/911 public emergency call services) will also be unavailable;
- may not provide your phone number and location details to the operator if you make a public emergency services call. You will have to provide your location information and phone number verbally to the operator; and
- may not offer you the ability to transfer (port) your existing number to a TALKXTRA service or take your number from TALKXTRA to an alternative provider if your service ends.
By signing up you specifically accept these restrictions as a condition of purchase.
1. Definitions
1.1 These terms of service describe the basis for the purchase by you and sale by us of TALKXTRA's telephone services and any related products or services (the "Service").
1.2 In these terms of service, "TALKXTRA", "we" and "us" means TALKXTRA.
2. Formation of agreement
2.1 A legal agreement for us to sell you the Service is made on the basis of these terms of service when we accept your order for the Service through either our website at www.talkxtra.com, www.talkxtra.ie, www.talkxtra.co.uk, www.talkxtra.eu, via telephone or via a third party. (This agreement between us is referred to in these terms of service as this "Agreement".)
2.2 A summary of the products and services, price, VAT, insurance and delivery costs is set out on our website at www.talkxtra.com, www.talkxtra.ie, www.talkxtra.co.uk, www.talkxtra.eu, and will be confirmed on your order page.
3. The extent of the Service
3.1 This Agreement governs both the Service and any equipment which may be provided to you, such as an IP phone or telephone adapter, ("Equipment") used in conjunction with the Service.
3.2 This Agreement relates to using the Service for home use and not for business. Business users are subject to the TALKXTRA Commercial Terms of Service that can be found following or accompanying these terms or at: www.talkxtra.com, www.talkxtra.ie, www.talkxtra.co.uk, www.talkxtra.eu,. If, during the term of this Agreement, you start using the Service in the course of any business activity our Commercial Terms of Service will immediately apply to all such use.
3.3 If you use the Service for home use this does not mean that only certain pricing plans are available to you. A variety of pricing plans are available as set out at www.talkxtra.com, www.talkxtra.ie, www.talkxtra.co.uk, www.talkxtra.eu,. As a consumer, this Agreement will always apply to you.
3.4 If you use the Service and/or Equipment in a manner that is inconsistent with a particular pricing plan we reserve the right to apply the pricing plan that corresponds to the level and type of use you make of the Service.
3.5 TALKXTRA reserves the right to immediately terminate or modify the Service, if TALKXTRA determines, in its sole discretion, that your Service is being used other than for reasonable home use. If we exercise this right we will notify you in writing by email but you will be responsible for paying all charges under the applicable pricing plan.
999/112/911 Emergency Services
3.6 Emergency Services can not be accessed under current service. Customers will be notified in future once the Services are fully operational, 999/112/911 public emergency call services can be accessed and will be routed to the national emergency call handling agents. However, you understand and acknowledge that the Service does NOT operate identically to traditional fixed line 999/112/911 public emergency call services and there may be some limitations as set out in the following sentences.
3.7 You understand and acknowledge that if there is a Service outage for ANY reason, such outage will prevent ALL Services, including 999/112/911 dialing. Such outages may occur for a variety of reasons (some such reasons are described at Section 5).
3.8 You understand and acknowledge that Service outages due to suspension of your account will prevent ALL Services, including 999/112/911 dialing.
3.9 You understand and acknowledge that it may or may not be possible for the emergency personnel to identify your location and phone number when you dial 999/112. You will need to state your location and phone number, as well as the nature of your emergency, promptly and clearly as emergency personnel may NOT have this information.
3.10 You acknowledge and understand that emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason. The emergency personnel may also not be able to hold your line open in the event you hang-up.
3.11 You agree to inform potential users of the Service of the above limitations and you understand that you should always have an alternative means of accessing 999/112/911 emergency services.
3.12 Unlimited calls have no limit on the number of calls but the call subscriptions are subject to a fair usage limit for €20 & €30 price plans are 2,000 minutes & 3,000 minutes respectively per month, this is the total amount of minutes allowed per month on your account, and is not a separate limit for each country. Once this limit is exceeded TALKXTRA will charge normal rates for any additional minutes used. Your subscription is for residential use only.
3.13 TALKXTRA may charge you a cost-price based rate for any subsequent calls to one of the free destinations, terminate your account, or deny the use of the TALKXTRA service or features of it.
3.14 Calls made using the price plans listed landline destinations are free for up to 60 minutes. Extra minutes will be charged at the normal international rate. To avoid being charged we recommend customers hang up before the 60 minutes end and redial.
4. Your use of the Service
4.1 We provide the Service to you as long as you agree to the following:
(a) you agree to follow any reasonable instructions that TALKXTRA may give you about the use of the Service and you must give us any information we reasonably ask for;
(b) you agree that at all times you will not use the Service for any activity which is inconsistent with normal consumer usage patterns;
(c) you will not use the Service for anything illegal, immoral or improper and that you will not use the Service in any way that is prohibited by law or let anyone else do so;
(d) you must not resell or re-supply the Service or the Equipment to any other person for any purpose, or make any charge for the use of the Service;
(e) you do not change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from TALKXTRA (TALKXTRA may, acting reasonably, refuse such permission);
(f) you do not hack or disrupt the Service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so; and
(g) you agree to notify us immediately (in writing or by calling the TALKXTRA customer support line) if the Equipment is stolen or if you become aware that your Service is being stolen or fraudulently used. Failure to do so may result in additional charges to you and termination of your Service.
Use outside the UK & Republic of Ireland
4.2 TALKXTRA does not presently offer or support the Service to customers located outside the UK & Republic of Ireland.
4.3 As set out above and at Section 5, the Service may have limitations including public emergency call capability. If you remove the Equipment to use it outside the UK & Republic of Ireland you need to be aware that emergency services may operate or be supported differently to than in the UK & Republic of Ireland.
4.4 If you remove the Equipment to a country other than the UK & Republic of Ireland and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. TALKXTRA reserves the right to terminate your Service immediately and without notice if it determines that you are using it outside the UK & Republic of Ireland.
Consequence of misuse
4.5 We may suspend the Service or terminate your Service immediately and without notice if we reasonably believe that you have broken any of the restrictions set out in this Section 4. Any suspension or termination by us:
(a) leaves you responsible for the full month's charges to the end of the current term. This may include unbilled charges, a disconnect fee, and other charges all of which immediately become due and payable. Acting reasonably we may immediately charge this to your credit card; and
(b) leaves you responsible for any and all use of the Service and/or Equipment by yourself and by any person making use of the Service or Equipment provided to you.
4.6 If you can establish our decision to suspend your Service was incorrect or unjustified we shall refund you and resume your Service within your price plan charge.
4.7 If we reasonably believe that you have not complied with the above restrictions, we may forward any objectionable material, as well as your communications with TALKXTRA and, subject to applicable law, your personally identifiable information to the appropriate authorities for investigation and prosecution and you consent to such forwarding.
4.8 It is unreasonable use of TALKXTRA Services where Your use of TALKXTRA Services is reasonably considered by TALKXTRA to be fraudulent or to adversely affects the TALKXTRA Network or other TALKXTRA customers' use of or access to a TALKXTRA Service or the TALKXTRA Network.
4.9 It is unreasonable use of the free calls is reasonably considered by TALKXTRA to be fraudulent or to adversely affect the TALKXTRA Network or other TALKXTRA customers' use of or access to a TALKXTRA Service or the TALKXTRA Network.
4.10 It is unreasonable use of the VoIP-In numbers where it is reasonably considered by TALKXTRA to be fraudulent or to adversely affect the TALKXTRA Network or other TALKXTRA customers' use of or access to a TALKXTRA Service or the TALKXTRA Network.
4.11 It is unreasonable use of a Fair Use Promotion where Your participation in a Fair Use Promotion is reasonably considered by TALKXTRA to be fraudulent or to adversely affect the TALKXTRA network or another TALKXTRA customer's use of or access to a TALKXTRA service or the TALKXTRA network.
4.12 Among other things, "fraudulent use" includes resupplying a TALKXTRA Service without TALKXTRA's consent so that someone else may access or use TALKXTRA or take advantage of a Fair Use Promotion.
5. Limitations of the Service
5.1 We will try to make sure that the Service is always available to you, but sometimes it may be affected by things over which we have no control, for example, the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection. The Service may also be affected by faults in other phone or internet networks. You understand that in such circumstances all services (including 999/112/911 public emergency call services) will also be unavailable.
5.2 If, at any time, the Service is affected or unavailable through the reasons described in this Section (or any use which is not in accordance with Section 4) it is not a breach by us of this Agreement and you will continue to be billed for the Service.
5.3 If TALKXTRA suspends or terminates your Service, the Service (including 999/112/911 public emergency call services) will not function until such time as TALKXTRA restores your Service. We may ask you to pay charges or stop an activity before we agree to restore your Service.
5.4 Number portability is currently unavailable with the Service. If you move your service to or from TALKXTRA or to or from another provider you may not be able to keep your telephone number.
5.5 The Service provided by us is not a traditional fixed line telephone service and your attention is specifically drawn to the service descriptions at www.TALKXTRA.com, www.TALKXTRA.ie, www.TALKXTRA.co.uk, www.TALKXTRA.eu that sets out the Service offering and service limitations for our customers. The Service is subject to different regulatory treatment than a telephone service this may limit or otherwise affect your rights of redress before regulatory agencies such as OFCOM in the UK and COMREG in the Republic of Ireland.
6. Orders
6.1 By placing an order for the Service, you acknowledge that you have read and understood, and you agree to, the terms and conditions of this Agreement. You also confirm that you are of legal age (at least 18 years old) and that you have the right and ability to enter this Agreement and become bound by its terms.
6.2 Orders shall be accepted at our sole discretion but are normally accepted if the Equipment or Services are available and your credit card is authorised for the transaction.
7. When the Agreement begins
7.1 We will confirm receipt and acceptance of your order by an automatic screen confirmation of the order on our website. We will also follow this up with a confirmatory e-mail.
7.2 This Agreement commences on the date that TALKXTRA first accepts your order. The Service provided to you under the terms of this Agreement is offered on a prepaid monthly basis for a term that begins on the date that TALKXTRA activates your Service and ends on the day before the same date in the following month.
7.3 Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you. If you want to end the Agreement you must give TALKXTRA written notice of non-renewal of the Agreement at least 30 days before the end of the monthly term.
7.4 You are purchasing the Service for full monthly terms. This means that if you terminate the Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term.
7.5 The end of the Agreement or termination of a Service does not excuse you from paying all unpaid charges due in relation to the Agreement.
8. Charges and payment
8.1 We publish all prices, fees and charges for the Service at www.TALKXTRA.com, www.TALKXTRA.ie, www.TALKXTRA.co.uk, www.TALKXTRA.eu. This pricing information forms part of this Agreement. TALKXTRA accepts payments only by credit card. Where VAT must be paid we have included it in the charges at the current rate.
8.2 When you place your order you must give us a valid credit card number. TALKXTRA reserves the right to stop accepting credit cards from one or more issuers.
8.3 If the card expires, you close your account, your billing address changes, or the credit card is cancelled and replaced owing to loss or theft you must advise TALKXTRA at once. Failure to do so may lead to a suspension of your Service.
8.4 Your initial order of the Service authorises TALKXTRA to charge the credit card provided by you. The authorisation will remain valid until 30 days after TALKXTRA receives your written notice terminating TALKXTRA's authority to charge your credit card.
8.5 You are responsible for all charges applied to your Service whether or not you used it, except where your Service has been lost, stolen, or damaged and you have reported this to our customer service.
8.6 We may impose a credit limit on post paid accounts and/or require a deposit as security for paying bills.
8.7 TALKXTRA may terminate your Service at any time acting reasonably, if any charge to your credit card on file with TALKXTRA is declined or reversed, your credit card expires and you have not provided TALKXTRA with a valid replacement credit card or in case of any other non-payment of account charges.
8.8 Termination of Service for declined or expired credit card, reversed charges or non-payment leaves you FULLY LIABLE to TALKXTRA for ALL CHARGES ACCRUED BEFORE TERMINATION.
8.9 We will apply all charges, applicable taxes and applicable surcharges monthly in advance to your credit card.
8.10 We can change the payment terms for any good reason, for instance, if you do not pay your bills on time or if you pay your bills using credit cards that you are not authorised to use. We may not be able to write and tell you before we do this.
8.11 TALKXTRA may sometimes bill at more frequent intervals once credit has dropped below threshold.
Billing Disputes
8.12 You must notify TALKXTRA in writing within 7 days after receiving your credit card statement if you dispute any TALKXTRA charges. Billing disputes should be notified to billing@TALKXTRA.com .
9. When we may suspend or disconnect the services
9.1 Elsewhere in this Agreement we specifically explain where and why we may suspend your Service. We may also suspend your Service without giving you notice if any of the following happen:
(a) you do not keep to the terms and conditions of this Agreement, or any other agreement with us; and
(b) you do anything that damages or puts the Service at risk, or you abuse or threaten us or a member of our staff.
9.2 You are still liable for all charges during any suspension or disconnection unless we decide otherwise.
10. When the Agreement ends
10.1 We can end all or part of this Agreement immediately by notifying you if any of the following happen:
(a) you breach an important condition of this Agreement or a number of less important conditions;
(b) you breach a less important condition of this Agreement and do not put it right within seven days of our writing to you and asking you to do so;
(c) you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this Agreement if we think any of these things or something similar may happen;
(d) any regulatory change affecting our ability to offer the Service is introduced; or
(e) any part of your declaration in your order for the Service was not true or not accurate when you made it.
10.2 If you end this Agreement you must pay everything you owe on your account as set out in Section 7.4 and a disconnect fee which is currently €20.00.
10.3 If we end this Agreement for any of the reasons set out in this Section you must pay everything you owe on your account until the end of the then current monthly term and you will be charged a disconnect fee which is currently €20.00.
11. Money back guarantee
11.1 We offer a 14-day Money Back Guarantee to our consumers. Under terms of this Money Back Guarantee, TALKXTRA refunds the activation fee, first month of service, and shipping charges and waives the disconnect fee, provided the terms described below are satisfied.
11.2 In order to be entitled to this Money Back Guarantee, you:
(a) must cancel service within 14 days after placing your order;
(b) must return all Equipment within 14 days after cancellation; and
(c) must return the Equipment in its original packaging with the universal product code or bar code intact, all components, manuals and registration card(s) must be included.
(d) must not have used more than 30 minutes of free calls. User remains responsible for coverage charges and calls with metered rates such as, but not limited to, international, mobile, non-geographic and directory enquiry calls.
12. To make a return you need to obtain a valid return authorization number from TALKXTRA customer care (contact billing@TALKXTRA.com). Unless the Service or Equipment is defective, you are responsible for the cost and risk of return shipping of equipment.
13. Ownership and risk of loss
You are responsible for the Equipment from the time it is arrives with you until the time (if any) when it is returned by you and has been received by TALKXTRA. You shall bear all risk of loss or theft of or damage to the Equipment.
14. Changing the Agreement
14.1 We may change the terms and conditions of this Agreement and our charges and pricing plans from time to time. Notices will be given on the "Dashboard" section (front screen) of your web account which you access at TALKXTRA's website (currently located at www.TALKXTRA.com, www.TALKXTRA.ie, www.TALKXTRA.co.uk, www.TALKXTRA.eu).
14.2 Such changes will become binding on you after they are published. We will endeavour to give as much notice as we can about such changes. You agree that if you use the Service after the changes take effect you are bound by these TALKXTRA Terms of Service as varied.
14.3 You may end the Agreement without cost to you or disconnection fee if the changes are significantly to your disadvantage.
15. Warranty
15.1 We warrant that we will provide the Service with reasonable skill and care, within a reasonable time and substantially as described in this Agreement. We do not make any other promises or warranties about the Service.
15.2 If you have a valid claim in respect of any of the Equipment which is based on any defect in the quality or condition of the Equipment or their failure to meet specification in accordance with this Agreement, we shall be entitled to replace the Equipment (or the faulty part in question) free of charge or, at our sole discretion, refund to you the price of the Equipment (or a proportionate part of the price).
16. Our responsibility to you
16.1 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) which you provide when accessing or ordering from us.
16.5 We have no obligation to compensate for any financial loss, loss of profit, anticipated savings, loss of or corruption to data or for any loss that could not have been reasonably foreseen (expected) considering this service is for home use only and not for use in connection with any business.
17. Matters outside our control
We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
18. Statutory Rights
These terms of service do not affect your statutory rights (if appropriate) as a consumer.
19. General
19.1 We can record any conversations between you and our staff.
19.2 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
19.3 If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
19.4 No term of this Agreement is enforceable by any person who is not a party to it.
20. Privacy
20.1 We comply with all applicable data protection laws in the UK & Republic of Ireland and our current Privacy Policy is published at: www.TALKXTRA.com, www.TALKXTRA.ie, www.TALKXTRA.co.uk, www.TALKXTRA.eu.
20.2 By signing up with us you confirm that you have read and understood our Privacy Policy and you agree to our using your data as detailed in our Privacy Policy, including transferring your data to several European Co-locations and (for telephone support) the Republic of Ireland.
20.3 By ticking the box provided on the order page, you expressly agree that we may use information about you obtained by us under this Agreement for the purpose of sending you promotions by email/SMS offered by us and/or any trustworthy third parties.
21. Licence and intellectual property
21.1 The Service and Equipment and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in any Equipment ("Software"), and all Services, information, documents and materials on TALKXTRA's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions around the world.
21.2 We grant you a non-transferable, revocable licence to use the Software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement.
21.3 All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of TALKXTRA are and shall remain the exclusive property of the TALKXTRA businesses around the world. Nothing in this Agreement shall grant you the right or license to use any of such marks.
21.4 Save as permitted by law, you shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software used in any Equipment or Service.
22. Governing law
22.1 These terms of service shall be governed by and construed in accordance with English and Irish Law.
22.2 Any disputes shall be subject to the exclusive jurisdiction of the courts, to which both parties submit.
