Terms & Conditions

Acknowledgement

By using the Service, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this account and/or software, also abides by the Terms of Use. COMS has the right to revise the Terms of Use at any time without providing notice to its users.

Rule Modification

Periodically, changes in these terms may be required to comply with regulatory or business requirements. Such changes will be published on the company website (www.COMS), and notifications may be sent to you via email, depending on the nature of the change. Continued use of COMS products and services both before and after such changes, signifies irrevocable acceptance to the Terms of Use. COMS reserves the right to change, modify, suspend or discontinue any portion of the Service at any time. COMS may also impose limits on certain features or restrict your access to parts or the entire Service without notice or liability.

Eligibility

The Service is available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations who can form legally binding contracts under applicable law. By accepting these Terms, you signify that you meet these qualifications of eligibility. COMS may refuse to offer the Service to any person or company, and may change our criteria for eligibility, at any time, at its sole discretion. COMS retains the right to terminate your account and your rights to use the COMS products and services for any reason including but not limited to our belief or suspicion that any registration data you provide is or becomes untrue, inaccurate, not current, or incomplete.

Service Modification

COMS cannot guarantee that the service will be uninterrupted or free of faults. At times COMS may need to suspend service to correct a fault or for maintenance purposes. If this happens COMS will restore the service to you as quickly as reasonably possible. COMS reserves the right to modify or discontinue service, temporarily or permanently, with or without notice to you, and COMS are not obligated to support or update our service. COMS will not be liable to you or any third party in the event that COMS exercises our right to modify or discontinue service.

Use of Service

By accepting these terms, you are agreeing NOT to allow through your actions, or those of another, the use of services from COMS for unlawful or illegal purposes; including but not limited to making offensive, indecent or prank/hoax calls, allowing others to do so, using the services fraudulently, to commit or further a criminal offence. You are agreeing NOT to cause damage to this or any other communication or data system, and you fully indemnify COMS against any liabilities (including such things as legal expenses, losses, costs, claims and damages), brought about by your action or inaction in violation of this agreement. You may NOT submit or publish through COMS any materials that are libellous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You will comply with all reasonable instructions provided by COMS in relation to the service.

Acceptable Use Policy

The service includes "Inclusive Calling Plans" that have been designed as a fixed price alternative telephone service, enabling customers to benefit from our low cost networking operating model. If we deem your usage during any single month not to be within normal business use, we reserve the right to suspend, restrict, change or cancel your COMS service at our discretion.

The COMS service has been designed assuming average usage levels consistent with data as identified through established telecoms industry levels. In order to protect the average utilisation levels we have set upper limits which may be subject to change. These upper limits are described here.

The COMS Acceptable use policy ("AUP") specifies the following limitations:

1. Telemarketing
The service can not be used for telemarketing, which includes but is not limited to use of the Service to market goods or services to prospective or existing customers and/or for receiving orders and inquiries from other marketing, advertising and promotional activities.

2. Non-private use
The right to use the Service is personal to you or if you are a Business your employees. You must advise us if you suspect that someone else is using your account or is able to access your account.

3. Extensive call forwarding
The Service cannot be used for excessive call forwarding either to or from another phone number.

4. Re-supplying or re-selling
When we provide you with the Service and any associated Software, it is for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the whole or any part of the Service or the associated Software to anyone else.

5. Fax broadcasting
The Service cannot be used for fax broadcasting, fax blasting or bulk faxing to send fax messages to multiple recipients at one time.

6. Concurrent calls
The Service can not be used to make more than two simultaneous call for Single packages, 20 simultaneous calls for the Single or Multi products.

7. Auto-dialling
The Service cannot be used for auto-dialling or predictive dialling, or the systematic dialling of telephone numbers for telemarketing or any other purpose.

8. Spam over Internet telephony
The Service cannot be used in any way to generate, distribute or otherwise for SPIT (spam over Internet telephony) or VAM (Voice / VoIP spam).

9. Unlawful use
You will not use the Service, and will take all reasonable precautions to ensure that no one (including you) uses the Service in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located here. We reserve the right to make an administrative charge as a result of abuse of any Acceptable Use Policies.

10. Upper Limits
The upper limits for Single Line UK Unlimited & Single Line UK Unlimited & International unlimited is 2,500 minutes in any month.

11. Inbound Calling
The subscription fees on the Coms.Net VoIP service are set to reflect a typical business call profile of inbound and outbound call minutes.

Coms.Net reserves the right to amend the monthly subscription for the service should the percentage of inbound to outbound calls minutes exceed 75% for any 2 months in each 6 month period from the initiation of the service.

Limitation of liability

COMS will not be liable to you either in contract or tort (including negligence) or otherwise for any damage, cost or expense, loss of or corruption of data, loss of profits or production, loss of operational time, goodwill, contracts or anticipated savings or any indirect or consequential loss caused by the interruption, delay, suspension, non-delivery, packet loss caused by the interruption of the services the downloading or use of the software or any event beyond our control including the act of any network operator or third party. COMS expressly excludes any warranty as to the suitability, quality or reliability of the services or the software that they will be fit or suitable for your purposes. You agree that the limitation of liability in this agreement is appropriate. These limitations do not restrict or limit your rights as a consumer. You may contact COMS at any time by email at the address given on the website www.COMS. If a court of competent jurisdiction holds any part of this agreement as unenforceable then the rest of the agreement shall remain in force to the maximum extent permissible by law. COMS shall not be liable to You for the loss of the services caused by an event beyond our reasonable control including but not limited to any fault in or suspension of the network of any third party, any act of God, lightning damage, fire, power failure or any loss or change to or loss of telecommunications equipment or any act of any authority or third party.

Termination

The license for use of the service is effective until terminated. You may terminate it any time by destroying the materials together with all copies thereof and cease usage of your account and COMS materials. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by COMS to effect such termination. Upon termination of this Terms of Use, you agree to destroy the materials together with all backup copies, modifications, printed or written materials, and merged portions in any form.

Jurisdictional Issues

This Service is controlled and operated by COMS makes no representation that materials in the Service are appropriate or available for use in your location. Those who choose to access this Service from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold COMS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

This Service shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.

COMS / 46 Cannon Street / London / EC4N 6JJ / UK