1. Introduction
These Terms and Conditions apply to all persons, businesses or entities subscribing to or purchasing the services and products of GoTrunk.
2. Definitions
- "GoTrunk" means the company providing and operating these services and products.
- "Services and Products" means the services and products described and offered on our website.
- "Customer" means the business or businesses, person or persons who are registered with GoTrunk
- "Website" means our presence on the world wide web under https://gotrunk.com which is available to the public.
- "Account" means the record of transactions applicable to a user or users associated with GoTrunk
- "Legislation" means laws or regulations governing the provision of goods or services between GoTrunk and registered users.
- "Registered Partners or Affiliates" refer to associated persons or businesses appointed by GoTrunk to distribute our goods or services to end users.
- "Acceptable Use Policy" means the guidelines provided by GoTrunk for acceptable use. These guidelines are shown separately on the GoTrunk website but may change from time to time. It is also available on request.
3. General Provisions
3.1 Provision of Service
The provider of this service is GoTrunk. We endeavour to provide this service to you without any delays, interruption or distortion. However, the service may at some times be unavailable without notice due to maintenance or system failure. No liability is accepted or compensation offered should the service be unavailable. All goods and services are provided in accordance with these Terms and Conditions, our Acceptable Use Policy and any applicable law existing from time to time. Please note that the Terms and Conditions posted on our website shall supersede all previous Terms and Conditions.
By purchasing our Voice over IP (VoIP) telephony services you understand that:
3.1.1 You may not get quality or reliability comparable to a conventional PSTN phone line and specifically, GoTrunk does not offer any warranty or assurances of same;
3.1.2 Service may sometimes be unavailable as a result of things over which GoTrunk 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.
3.1.3 Connectivity to the public emergency services is subject to 3.1.2 above and the phone number and location details may need to be provided verbally to the operator.
3.1.4 Emergency operators and authorities 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, Emergency operators and authorities may also not be able to hold your line open in the event that you hang up.
3.1.5 You agree to inform potential users of the services of the above limitations and you understand and accept that you should always have an alternative means of accessing
999/112 911 emergency services.
3.1.6 If GoTrunk suspends or terminates the service you may NOT be able to dial
999/112 911. In the event that you do not have any remaining credit on your GoTrunk account, you will still be able to make
999/112 911 calls.
3.1.7 in very limited circumstances, where a specific type of non-voice related service is on the line, you may not be able to port your number away from GoTrunk and where it is possible, a porting charge may be made by GoTrunk.
3.1.8 Inbound fax services may not always be available nor compatible with all sending fax equipment.
3.1.9 Outbound fax services may not be compatible with all document types.
3.1.10 If your GoTrunk account or telephone number is terminated or suspended for any reason you may not be able to use remaining VoIP credit. No refund of unused VoIP credit will be given. Nor can remaining credit be allocated against outstanding invoices or used as payment for another service.
3.1.11 Customer represents and warrants that he has (and will continue to have during use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Website to use Customer’s content for the purposes of the provision of the Service by Website, and otherwise to use Customer’s content in the manner contemplated by the Service and these Terms. Customer will held full responsibility of potential copyright infringement related to any content stored and used by him within Services provided to Customer by the Website.
3.1.12 Upon completion of all registration information and acceptance of this Terms and Conditions, GoTrunk will provide you with, as applicable, a password, user ID, and/or PIN and telephone number. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your Account. You shall immediately notify GoTrunk if any unauthorized use of your Account or any other breach of security has occurred. In no event shall GoTrunk be liable for any unauthorized use of your Account.
3.1.13 New customer accounts may be subject to security review during which some features may have limited functionality.
3.1.14 For geographical numbers, the location of the end user (place of residence/business) must be within the relevant geographic zone. If requested by GoTrunk, Customer shall send the location of the end user (place of residence/business) within 24 hours of receiving the request, otherwise the number may be disconnected.
3.2 Billing
Customers will pay a sum equivalent to one month's service charges for the aggregate of user accounts and other services requested. GoTrunk have a right to bill services manually after they have been provided.
Customer's credit card will be charged after a trial period for the first month of use. After this initial payment, your credit card will be automatically charged on the first day of the subsequent months for the use of our service, until you cancel your subscription. If you purchase a service after the 19
th day of the month, you will be billed for the time left in the current month, plus the full amount of the next month. United Kingdom VAT is applicable to all charges for goods and services for Customers based in United Kingdom and EU Customers without a VAT number.
3.3 Payment
In exchange for the goods and services supplied GoTrunk will accept most debit and credit cards. The types of cards acceptable will be shown on the website. All customers warrant that they are the legitimate owner of the credit or debit cards used for purchase of goods or services of GoTrunk; that the card(s) carry a valid card number; that the expiry date is subsequent to the date of use and that there is a valid security code on the back of the card. All users are hereby notified that the improper use of a credit/debit card could be a criminal offence. It should be noted that all customer payments are automated. On your credit card statement a purchase made on our website will be shown as:
gotrunk.com.
3.4 Chargebacks
Customers who choose to file a dispute against any payment made to GoTrunk will pay an administration charge of £ 15.00 or their service will be immediately cancelled without refund. Cancellations must be completed using the correct procedure as outlined below.
3.5 Port out fees
An administrative fee is charged per number ported out from GoTrunk network. The applicable charges are
15 GBP 16 EUR 20 USD for individual numbers,
8 GBP 8 EUR 10 USD per number for 10-ranges and
3 GBP 2 EUR 3 USD per number for 100-ranges.
3.6 Duration and Cancellation
You may cancel your subscription at any time by accessing your "Control Panel". Cancellation instructions are available through "Submit ticket" button on your account.
Customer who believe they are incorrectly charged contact GoTrunk by completing our support on-line form within 10 days to obtain a refund. Should an error be found GoTrunk will make an immediate non-cash credit to the particular User's account.
Customer accounts which remain inactive will be automatically terminated where there is no activity on the account for a period of 180 days. However, the company will, send an email to such customers ten days before the end of this period reminding them of the impending action. All subscription payments are one month in advance and are non-refundable.
3.7 Termination
GoTrunk may terminate Customer subscription at any time, immediately upon written notice via post, email or SMS message if you:
3.7.1 Breach any term of the Terms and Conditions or Acceptable Use Policy;
3.7.2 Are subject to Insolvency Proceedings.
3.7.3 If GoTrunk consider your behaviour or interaction with any member of GoTrunk staff to be inappropriate or abusive. In such an event, the final decision shall rest with GoTrunk without burden of proof.
3.7.4 Refuse to comply with any of GoTrunk's prescribed methods of interacting with GoTrunk, which may change from time to time to account for GoTrunk working practices, for example submitting support via support ticket.
3.7.5 On termination or suspension of Services GoTrunk shall be entitled to immediately block any website or Service provided to You or hosted for You by GoTrunk as part of the Services and to remove all data located on it. GoTrunk shall be entitled to delete all such data but GoTrunk may, at its discretion, hold such data for such period as GoTrunk may decide, to allow you to collect it at your expense, subject to payment in full of any amount outstanding payable to GoTrunk. GoTrunk shall further be entitled to post such notice in respect of the non-availability of such website as GoTrunk thinks fit.
3.8 Network Maintenance
3.8.1 We reserve the right to modify our Network, system configurations or routing configurations. Nothing in these Terms and Conditions will create or vest in you any right, title or interest in a Services, its configuration, or associated telephone numbers or addresses provided by us. We may, at our sole discretion and without liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the Network or in equipment used to deliver any Service over the Network provided that this does not have a material adverse effect on the committed Service.
3.8.2 We may, upon such notice as is reasonably practicable under the circumstances, perform scheduled or emergency maintenance (including temporary suspension of Services as necessary) to maintain or modify the Network or any network terminating equipment ("NTE") (including software), which is owned by us or our suppliers, and installed at your premises to enable you to utilize the Services.
3.8.3 If your traffic is negatively impacting our Network, we may temporarily stop your Service to determine what is causing the impact. GoTrunk reserves the right to suspend service without prior notification.
3.9 Limitation of Liability and Disclaimer
GoTrunk will always endeavour to supply you with a reliable service. It must be understood, however, that the service may be affected or disrupted by weather, failure of the user's internet service provider, hardware faults, criminal acts, service termination and other disruptions. In no event shall GoTrunk, its officers, directors, employees, agents, partners, affiliates or resellers be held liable for direct, incidental, punitive, indirect, exemplary or consequential damages, loss of internet telephone service, loss of profits or damages arising out of the use of the service, hardware or software programs.