Terms of service

The following text outlines the terms of service for using Sipwhale. Your use of our service is subject to these terms in their entirety and by using the service you agree to be bound by them. Please read through these terms before using our service.

Sipwhale has the right to revise these terms at any time without providing notice to its users. Sipwhale reserves the right to change, modify, suspend or discontinue any portion of services at any time. Sipwhale may also impose limits on certain features or restrict your access to parts or the entire service without notice or liability. Sipwhale may refuse to offer services to any person or company, at any time, at its sole discretion.

We will supply services with reasonable skill and care. However, we do not guarantee: that services will be uninterrupted, secure or error-free; or that any data generated, stored, transmitted or used via or in connection with those services will be complete, accurate, secure, up to date, received or delivered correctly or at all. We may have to suspend services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.

By using our service you confirm that you understand that our service: 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 connect you to the public emergency service and if we do, 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. You agree to always have an alternative means of accessing 999/112 emergency services. The services provided by us are not Publicly Available Telephone Services (PATS).

Number portability may be unavailable. If you wish to port your telephone number to Sipwhale or your telephone number from Sipwhale to another provider, you may not be able to keep your telephone number. If you wish to port your telephone number away from Sipwhale to another provider, and where porting is available, your account must be fully paid and remain active until the number port is completed. You will lose your number if you stop your service before the number port is completed.

By using our service, you are agreeing not to allow through your actions, or those of another, the use of services from Sipwhale 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 Sipwhale 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 Sipwhale 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. We do not hold PPL and PRS licenses to play in-call music. All in-call audio, including virtual receptionist, music-on-hold, on-hold advertising and voicemail must be voice only. You will comply with all reasonable instructions provided by Sipwhale in relation to the service.

When we provide you with services, it is for your use only. You must not resell, transfer, assign or sub-license any part of the service to anyone else. The service cannot be used for fax broadcasting, fax blasting or bulk faxing to send fax messages to multiple recipients at one time. The service cannot be used for auto-dialling or predictive dialling, or the systematic dialling of telephone numbers for telemarketing or any other purpose. The service cannot be used in any way to generate, distribute or otherwise for SPIT (spam over Internet telephony) or VAM (Voice/VoIP spam). 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 these use policies. The service cannot be used for anything other than the reasonable and typical needs of administering a business.

Unrestricted calling plans are subject to fair and reasonable usage. These plans are not intended or suitable for call centres, automated phone calls, or any other usage than that equivalent to the typical needs of administering a business. Listed service charges are for typical business usage. If we deem your usage at any time not to be within normal business use, we reserve the right to suspend, restrict, change, reprice or terminate your services at our discretion.

Service is provided on a rolling monthly basis. Charges are billed in arrears at the beginning of each calendar month, at sign up and termination. Services must be paid for in full by Direct Debit within 7 days of the beginning of each calendar month. If a Direct Debit collection fails your service may be suspended or terminated. You cannot set off, deduct or withhold any part of any sum you owe us. All fees remain payable where services were suspended, unavailable or unused. Additionally, we reserve the right to charge administration and reactivation fees. We may require a deposit as security for paying bills. You are liable to pay the cost of calls made using the service howsoever initiated whether voluntarily or automatically made by a computer or customer equipment. This includes unauthorised calls made on your services without your consent by means of faulty equipment, fraud, theft, malicious use by an authorised or unauthorised person or by hacking.

You may stop services or terminate your account at any time for any reason by giving us 30 days written notice. Sipwhale retains the right to terminate your account or suspend some or all of the services immediately without notice 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; failing to pay any fees due under these conditions; affecting the operation of our services; breaching any the terms and obligations under these conditions; becoming subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or you enter into any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or being required to do so by a competent or regulatory authority.

On termination of your account or suspension of services for any reason: we will immediately stop supplying, and will terminate access to, the relevant services. This may involve irretrievable damage to or loss of data generated, stored, transmitted or used via or in connection with the services and/or we may destroy any such data; all licenses granted by us to you will terminate; any fees due remain payable and, if already paid, will be non-refundable. You may irrevocably lose any numbers associated to your account.

Sipwhale makes no representation that its services are appropriate or available for use in your location. Those who choose to access services 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.

Sipwhale 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 services, use of the software or any event beyond our control including the act of any network operator or third party. Sipwhale 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 Sipwhale at any time by email at the address given on the website www.sipwhale.com. 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. Sipwhale 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.

You agree to indemnify and hold Sipwhale, 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 services, your use of the services, your connection to the services, your violation of the terms of use, or your violation of any rights of another person or entity.

These terms of use, its subject matter and its formation are governed by English law.