General Terms and Conditions

Some of the legal bits

General Terms and Conditions of Service


This Agreement ("Agreement") is between Melonite UK Limited, and the Customer. The parties agree as follows:


Important Information

The Customer acknowledges that this is a Voice over Data Network service, and as such, it is dependent on the Customer's connection to the data network and the data network itself. The Customer's service may therefore cease to function if there is a power failure or a failure in the underlying data network. The Customer understands and acknowledges that this service does not allow calls to the emergency services numbers 999 / 112.


Services

Subject to the terms and conditions of this Agreement, Melonite will provide to the Customer, the telecom services and/or related services described in the specific package of services chosen by you. Melonite shall take all due care in the provision and maintenance of the service to provide quality and reliability. In the event of any failure or malfunction within our networks Melonite shall then correct any failure or malfunction as soon as is reasonably practical.


Term

The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to the Customer, provided, however, no Service shall commence unless and until Melonite receives and accepts a completed Order from the Customer plus payment in full for Services to be rendered during the Initial Term and any setup charges.


Melonite reserves the right to reject any submitted Order for any or no reason prior to acceptance by Melonite. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term."


Fees And Payments

All fees for Services rendered or provided to the Customer shall be in accordance with Melonite's price list then in effect, the terms of which are incorporated herein by reference. A price list setting forth Melonite's current rates for Services is available on the web site.

Melonite may, at any time amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.

All users signing up for the Melonite service will be asked to read and agree to our terms and conditions before registration is completed. By agreeing to these terms and conditions the user agrees to abide to the terms and conditions. When you purchase monthly services or set up auto top up this will automatically grant Melonite continuous authority on that debit/credit card until such time as the service(s) or auto top up are cancelled by the user. Should the user choose to cancel their monthly service(s) or auto top ups then Melonite's continuous authority is immediately ceased.


In the event that Melonite are unable to take a continuous authority payment from the users debit/credit card then the user will be informed by email and will be prompted to make a payment via the "My Account" section in order for their services to continue. Unpaid item's will be removed from the customers account.


In the event that any amount due to Melonite remains unpaid after 30 days, Melonite, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.


All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Melonite) shall be paid by the Customer.


All payments made to Melonite should be in GBP Sterling, and all refunds given by Melonite will be made in GBP Sterling. Melonite does not operate on any other currency under any circumstance.


Security Of Service

The customer is wholly responsible for the safety and security of their Melonite account and the equipment used by them to access the Melonite network and services and must put in place such safeguards as necessary to prevent unauthorised use. The customer is responsible for all persons who use their username and password to access the service, whether authorised or not. Melonite accepts no responsibility for costs incurred by the customer from unauthorised usage of a customer's account

Melonite reserves the right to check the security of a customer's equipment or devices used to connect to its network if it reasonably believes that equipment on the customer's network may be at risk from external attack (hacking) or if they believe that its terms and conditions of use are not being followed.


Content And Customer's Responsibility

Melonite will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Melonite shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.


Any users causing in appropriate cpu (central processor unit) usage, system load, performing any illegal activities or misusing the services then the service will be immediately suspended.


Any users found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a 250 clean-up and service fee upon termination. On such accounts all monies outstanding must be paid and refunds for any remaining months will not be given.


Customer conduct: Melonite will not tolerate bad language, verbal or threatening behaviour either via phone, email or any other form of communication Melonite expects that their representatives act in a polite and courteous manor at all times although when faced with over demanding, threatening or abusive callers they are empowered to terminate calls and suspend a users account pending investigation.


Melonite reserves the right to determine what constitutes abuse of their staff or services.


Non-UK Telephone numbers: When ordering non-UK telephone numbers you are obliged to conform to the telephone numbering regulations of the country concerned. This will normally mean that you must use the service from within the geographic numbering range you wish to order and should you should register an account with Melonite from an address covered by the number range. Failure to do this may result in the loss of your number.


Customers are required to keep their account in good order and ensure that they check their account on a regular basis by logging in to the "My Account" section on our website.


Customers are responsible for the security and integrity of their own systems and network infrastructure.


Customers are required to keep their user details safe and secure and are responsible for security and integrity of their own local network and email addresses.

From time to time, Melonite will email its customers with information that it judges necessary for the ongoing upkeep and maintenance of their accounts and with information about changes, updates and new services that have become available. The Customer agrees to accept these emails unless and until they cancel all active services on their account.


No Warranty

The Customer agrees to use all Melonite Services and facilities, and any information obtained through or from Melonite, at Customer's own risk. Customer acknowledges and understands that neither Melonite, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Melonite specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.


Limited Liability

Under no circumstances, including negligence, shall Melonite, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorised access to Melonite's' records, programs or services.

Melonite further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the amount which the Customer paid during the month immediately preceding the claim or the term of this Agreement, whichever is less


Indemnification

The Customer shall defend, indemnify, save and hold Melonite harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Melonite, its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.


Termination

This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior written notice; (ii) by Melonite, at any time, upon 20 days' prior notice if in the sole judgment of Melonite, The Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iii) by Melonite in the event of non-payment by the Customer as provided above; and (iv) by Melonite, at any time, without notice, if, in Melonites sole judgment, the Customer is in violation of any terms or conditions of Melonite's Fair Usage Policy.


Co-Location / Dedicated Server Specific

The Customer hereby acknowledges that the Customer has seen and reviewed a copy of Melonite's "Usage Policy" provided on the Melonite website and that the terms of the Usage Policy are incorporated herein by reference. Melonite reserves the right to amend these terms & conditions and the Fair Usage Policy from time to time and the Customer shall be bound by any such amendments. The Customer shall have the obligation to periodically visit Melonite' Web site to review the terms and conditions and its Fair Usage Policy and to make certain that the Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Fair Usage Policy, the terms of the Fair Usage Policy shall govern.


Notice

All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to Melonite shall be delivered to its address stated below or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.


Miscellaneous

This Agreement sets forth the entire agreement between Melonite and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without Melonite' prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Melonite's services.


Refund And RMA Policy

Equipment Purchase. Melonite will honour their money back guarantee when the Customer has returned all equipment that has been supplied to them. If you have simply changed your mind about any item ordered, and you wish to return it, you can do so provided you inform us of your decision within 7 working days of receipt. The item must not be used and must be as new when returned to us. Customers should submit a ticket on our website and, if we cant resolve the problem with you directly, you will be issued with an RMA number. You then have 28 days to return the goods to the address you will be provided with. Please do not return goods to our registered address, for security reasons this building cannot receive packages and they will be rejected and returned to sender.


Once we have received the item, we'll issue a refund for the product. All equipment must be returned complete and in its original packaging and in an as new condition with the exception of goods delivered incorrectly or that are faulty on arrival, the cost of return carriage is your responsibility.


Calling credit and Services. No refunds will be given on cancellation for pre-paid calling credits, or any of our monthly services.


Dormant / Unused Accounts

Any calling credit and any other assets left on an account that has been dormant for longer than 6 months will be deleted and is not refundable.


Recording Calls

Please note that calls to Melonite may be recorded to help us in dispute resolution and for training purposes.


Contact Information

Melonite UK Limited
North Sands Business Centre
Liberty Way
Sunderland, SR6 0QA
United Kingdom


Registered company number: 06963772
Vat Registration Number: GB 993 0603 11
ICO Registration Number: Z2058598
OfCom RID Code: GPM


Telephone: 0191 640 2400
Fax: 0191 640 2408


Our operating hours and email addresses can be found on the Contact Us page.

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© Melonite 2017
ICO Registration Number Z2058598
All prices include VAT at 20% Unless otherwise stated.