Your agreement with Group 3 Technology for this Service is made up of:

~ These Group 3 Technology Limited Terms of Service; together with
~ The pricing options for the chosen service(s) which are generally
available at: www.ephone.uk.net ; www.netephone.uk.net and vephone.uk.net

By visiting the ePhone, NETePhone, VePhone, or associated websites, or using the Internet Telephone Services, you agree to be bound by these Terms of Service. When you use specific Services, you will also be subject to all/any posted Agreements applicable to the Product and/or Services. We reserve the right to change these Terms of Service at any time. You agree that you will not use any ePhone, NETePhone or VePhone Product or Service in any territory that prohibits by law the use of Voice-over-Internet (VoIP) services

Essential service information
By signing up to Group 3 Technology'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 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 Group 3 Technology
service or take your number from Group 3 Technology 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 Group 3 Technology's Internet Telephone and surveillance services and any related products or services (the "Service").
1.2 In these terms of service, "Group 3 Technology", “G3T” "we" and "us" means Group 3 Technology Limited (company number 4127747), whose registered office is at Hogan House, 20 High Street, Aldridge, West Midlands, WS9 8LZ
1.3 “Service Websites” refers to any information, features or services available at www.g3t.uk.com ; www.ephone.uk.net ; www.netephone.uk.net or www.vephone.uk.net

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(s), via telephone, email 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, total price, VAT, delivery costs are set out on our website on the relevant Service Website 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 that may be provided to you, such as an Internet (IP) Phone, IP-Video Phone, IP Software or USB web camera ("Equipment") used in conjunction with the Service.
3.2 This Agreement relates to using the Service for home (residential); SoHo and SME use and not for Corporate Businesses and Incoming Call Centres. These users are subject to the Group 3 Technology Business Terms of Service that are available on request. If during the term of this Agreement, you start using the Service in the course of any business activity our Business 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 the Service. 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 Group 3 Technology reserves the right to immediately terminate or modify the Service, if Group 3 Technology determines, in its sole discretion, that your Service is being used other than for reasonable home use or reasonable business use. If we exercise this right we will notify you in writing but you will be responsible for paying all charges under the applicable pricing plan.

999/112/911 Emergency Services
3.6 You acknowledge that services to 999/112/911 Emergency Numbers is not currently provided in the format usually offered by traditional fixed line network operators. This service may be introduced at some time in the future. An announcement will be made at the relevant Service Website at the time at which these features become available. You explicitly agree that you are responsible for monitoring these announcements..
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 dialling. 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 any calls to Emergency Service numbers.
3.9 You understand and acknowledge that, where available, it may or may not be possible for the emergency personnel to identify your location and phone number when you dial 999/112/911. 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 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.

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 Group 3 Technology 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 the Service or the Equipment to any other person for any purpose, or make any charge for the use of the Service without our prior permission;
(e) you do not change the serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from Group 3 Technology (Group 3 Technology 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 Group 3 Technology customer support line) 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.
(h) G3T agrees that there will be no annual charges for use of the telephone number unless there is no top-up of credits to your account in a 12 month period.
(i) You agree not to use the Service to send a communication which is defamatory, abusive, obscene, offensive, menacing or otherwise criminal in nature or in breach of any copyright, privacy or any other rights

(j) You agree that the Service is for your own use only and that you will not without our prior consent in writing re-sell or re-supply the Service to others for money or monies worth

Use outside the UK
4.2 Group 3 Technology acknowledges that the use of the Service is permitted outside of the UK .
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 you need to be aware that emergency services may operate or be supported differently to than in the UK .
4.4 If you remove the Equipment to a country other than the UK 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

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 any outstanding balance on your. This may include unbilled charges, a disconnection 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 in full and resume your Service without 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 Group 3 Technology and, subject to applicable law, your personally identifiable information to the appropriate authorities for investigation and prosecution and you consent to such forwarding.

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. We will always take steps to ensure that the Service is reasonably fault free, and that Service is reasonably uninterrupted.
5.2 When 999/112/911 emergency services are made available, it may not be possible for emergency operators to identify your location. You will need to state your location and phone number promptly and clearly.
5.3 Emergency operators may or may not be able to identify your phone number in order to call you back if your call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number. Emergency operators and authorities may also not be able to hold your line open in the event you hang up.
5.4 You agree to inform potential users of the Service of the above limitations and you understand and accept that you should always have an alternative means of accessing 999/112/911 emergency services
5.5 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 where applicable.
5.6 If Group 3 Technology suspends or terminates your Service, the Service (including 999/112 public emergency call services) will not function until such time as Group 3 Technology restores your Service. We may ask you to pay charges or stop an activity before we agree to restore your Service.
5.7 Number portability is currently unavailable with the Service. If you move your service to or from Group 3 Technology or to or from another provider you may not be able to keep your telephone number.
5.8 G3T rely on a third party to provide incoming service and therefore Group 3 Technology can have no liability of whatever nature for any delay in provision of the same, nor that its network or services shall be continuous and will be free from faults.
5.9 The Service provided by us is not a standard telephone service and your attention is specifically drawn to the service descriptions at the relevant Service websites that set 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 .

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 or PayPal account 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 Group 3 Technology first accepts your order. The Service provided to you under the terms of this Agreement is offered on a yearly basis for a term that begins on the date that Group 3 Technology activates your Service and ends on the day before the same date in the following year. The Agreement is automatically renewed unless terminated by either party in accordance with this Agreeement.
7.3 If you want to end the Agreement for the Service you must give Group 3 Technology written notice of non-renewal of the Agreement of at least one month in writing.
7.4 You are purchasing the Service for annual terms. This means that if you terminate the Service prior to the end of a year term, you will not receive ANY money back from Group 3 Technology. One month's notice of service cancellation must be received.
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 online at the Service Websites. This pricing information forms part of this Agreement. Group 3 Technology accepts payments for number rental by credit/debit card and all other charges are to be paid via the customers' online ‘top up' account. 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 PayPal account or credit or debit card and a current address. The Initial payment for the service will be taken immediately from your chosen payment method. In the event that your tariff requires annual rentals to be paid to retain service, all due charges will apply 1 year after the service is activated. Those charges will also be paid via credit/debit card no later than 14 days after the annual renew date. Group 3 Technology reserves the right to stop accepting credit/debit cards from one or more issuers. The requirement to maintain the use of the telephone number with no annual charges is dependant on you adding a Top-Up to your account equal to the minimum amount on the Service Website at least once in every 12 month period. This should not exceed £10.
8.3 If you close your account, your billing address changes, or the credit/debit card is cancelled owing to loss or theft you must advise Group 3 Technology at once. Failure to do so may lead to a suspension of your Service.
8.4 Your initial order of the Service authorises Group 3 Technology to charge the credit/debit card or PayPal account provided by you. The authorisation will remain valid until 30 days after Group 3 Technology receives your written notice terminating Group 3 Technology authority to charge your credit/debit card or PayPal account.
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 Group 3 Technology may terminate your Service at any time acting reasonably, if the annual number rental (where applicable) is not paid within 14 days of the payment date.
8.7 Termination of Service for a non-payment of /annual charges leaves you FULLY LIABLE to Group 3 Technology for ALL CHARGES ACCRUED BEFORE TERMINATION.
8.8 We will bill all charges, applicable taxes and applicable surcharges monthly in advance (except for usage-based charges, which will be controlled by you via your online ‘Top Up' account)

Billing Disputes

8.12 You must notify Group 3 Technology in writing within 7 days after receiving your bank statement if you dispute any Group 3 Technology charges. If there are any disputes on your online account for charges you must notify Group 3 Technology as soon as possible. Billing disputes should be notified to Group 3 Technology by email to support@g3t.uk.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 writing to you if any of the following happen:
(a) you break an important condition of this Agreement or a number of less important conditions;
(b) you break a less important condition of this Agreement and do not put it right within seven working days of our contacting you 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.
(f) If you terminate this service you lose any credit on your online account and if you wish to re-connect at a later stage Group 3 Technology cannot guarantee the same number that you previously had.

11. Returns
To make a return of faulty hardware you need to obtain a valid return authorization number from Group 3 Technology customer care (contact sales@g3t.uk.com). Unless the Service or Equipment is defective, you are responsible for the cost and risk of return shipping of equipment.

12. Ownership and risk of loss
You are responsible for the Equipment from the time it is shipped to you. Additional insurance can be provided on request. You shall bear all risk of loss or theft of or damage to the Equipment.

13. Changing the Agreement
13.1 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 "Welcome" section (front screen) of your web account which you access at the Service Website 1 month before they take place.
13.2 Such changes will become binding on you 1 month after they are published. Sometimes for legal or regulatory reasons we may have to make changes without giving a whole months' notice. 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 Group 3 Technology Terms of Service as varied.
13.3 You may end the Agreement without cost to you or disconnection fee if the changes are significantly to your disadvantage.

14. Warranty
14.1 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.
14.2 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).

15. Our responsibility to you
15.1 You accept and agree that you will have no claim against us or any underlying network access provider if you are unable to access the Service and the exclusions and limitations of liability in this clause 15 shall apply to all claims arising from your use of the Service including claims against our network access providers.
15.2 We shall not be liable to you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.
15.3 Our liability to you (if any) for direct loss or damages in contract, tort, including negligence or breach of statutory duty, or otherwise, arising out of or in connection with this Agreement shall be limited to £50,000 per incident or series of connected incidents and £100,000 in any 12 month period.
15.4 In the event of any failure in the Service or Equipment, we shall not be liable to you for any charges incurred by you should you divert your traffic to another provider.
15.5 You will indemnify G3T from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service or Equipment (whether or not supplied by G3T).
15.6 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.

16. 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.

17. Statutory Rights
These terms of service do not affect your statutory rights (if appropriate) as a consumer.

18. General
18.1 We reserve the right to record any conversations between you and our staff.
18.2 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.
18.3 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.
18.4 No term of this Agreement is enforceable by any person who is not a party to it.

19. Privacy
19.1 We comply with all applicable data protection laws in the UK and our current Privacy Policy is published at: www.group3technology.net
19.2 By signing up with us you confirm that you have read and understood our Privacy Policy

20. Licence and intellectual property
20.1 The Service and Equipment including 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 Group 3 Technology and the Service website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions around the world.
20.2 The Intellectual property rights of the Service Numbers shall be vested in G3T and its network providers.
20.3 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.
20.4 All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Group 3 Technology are and shall remain the exclusive property of the Group 3 Technology businesses around the world. Nothing in this Agreement shall grant you the right or licence to use any of such marks.
20.5 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.

21. Governing law
21.1 These terms of service shall be governed by and construed in accordance with English law.
21.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.

The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. www.ephone.uk.net ; www.netephone.uk.net ; www.vephone.uk.net and www.group3technology.net are provided by Group 3 Technology, Hogan House, 20 High Street, Aldridge, West Midlands , WS9 8LZ.
Email: sales@g3t.uk.com. VAT registration number GB776144216.

Updated 5th June 2007