Miso Communications Limited
Terms and Conditions
(issue date 1st February 2014)
These Terms and Conditions supersede any and all previous ones and the Customer's continued use of the service constitutes the Customer's agreement to be bound by these Terms and Conditions and no others. These Terms and Conditions must be read in conjunction any Acceptable Use Policy, the up to date version(s) of which can be found at www.miso-comms.net and which may be subject to change from time to time. It is the Customer's responsibility to ensure that they comply with the latest version(s).
- 'Miso' refers to Miso Communications Ltd, 6 Worcester Road, Ledbury, Herefordshire, HR8 1PL
- 'Customer' refers to the company or individual who has completed the Customer Sign Up form and thereby accepted these Terms and Conditions
- 'Voice Telephony Service' refers to the service Miso Communications Ltd will provide the Customer for the duration of the contract period
- 'Contract Period' is the length of time the Customer is committed to using and paying for the Voice Telephony Service.
- 'Customer Portal' is the web based facility that Miso provides to its customers in order to allow them to administer and configure the service.
The Voice Telephony Service provided by Miso to the Customer is for a minimum period of one month and shall generally continue as long as the customer's account remains in credit. Should the Customer require to send a formal termination notice, then this should be posted to Miso Communications Ltd, 6 Worcester Road, Ledbury, Herefordshire, HR8 1PL and the applicable date of notice shall be the date the notice is received by Miso.
The contract is between Miso and the Customer. The contract is non-transferable by the Customer. Miso reserves the right to change the Terms and Conditions of Service and will give one month's notice on its web site (www.miso-comms.net) of any such changes. The section headings in these Terms and Conditions are inserted for convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. No action, regardless of form or nature, arising out of these Terms and Conditions may be brought by either party more than two years after the cause of the action has arisen.
Provision of the Service
- Miso will provide the Voice Telephony Service to the Customer in accordance with the conditions of this agreement and with reasonable skill and care. Where it is technically impracticable to provide the Voice Telephony Service free of faults (such as where it is impossible to achieve sufficient data transfer quality) Miso does not undertake to do so.
- Miso will use its reasonable endeavours to provide a prompt and continuing service but will have no liability to the Customer for any loss of service, whether planned or unforeseen.
- To use the Voice Telephony Service, the Customer needs to supply Miso with certain details on the Customer Sign Up form, and later maintain such information in an up to date form via the Customer Portal. Miso will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
- The Customer acknowledges that the Voice Telephony Service will depend on the characteristics of the underlying broadband or Internet network connection and that it may not be possible to supply the service at the outset or at some point in the future. In this event Miso will have the right to terminate this agreement without liability to the Customer, refunding any applicable service credit remaining.
- From time to time certain nodes, servers, or the whole or part of the Network may need to be closed down for routine repair or maintenance work. Miso or its authorised representative shall give as much notice as in the circumstances is reasonable and Miso shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time on the website.
- Miso may occasionally have to interrupt the service or change the technical specification of the service for operational reasons or because of an emergency. Miso will give the Customer as much notice as practical of any planned interruption of the Customer's service. In these circumstances the Customer shall have no claim against Miso for any such interruption.
- Any equipment provided by Miso remains the property of Miso until such time as full cleared payment has been received by us.
Customers will pay by Credit Card, or other approved payment mechanisms as may be permitted, in advance for subscription based services, unless agreed otherwise beforehand. Customers shall maintain a positive credit balance with Miso in order to permit them to make use of usage based services such as the making telephone calls, again unless agreed otherwise beforehand. Miso will issue VAT invoices for each payment made, unless requested otherwise. Miso reserves the right to modify its charges for the Voice Telephony Service, but for subscription based services will provide the Customer with at least one month's notice of its intention to do so should the modification result in an increase in those charges. For usage based services, where new rates will apply as soon as the tariff rates section of the website is updated, significant increases in those charges (defined as increases in excess of 20 percent) will be notified via links on the home page of the company's website and also via links on the landing page of the Customer Portal.
Should any request for payment be declined, the Customer will make alternative arrangements to pay the amounts due within ten working days or risk suspension of the service for non-payment. Miso reserves the right to charge interest on any overdue amounts at a rate equal to 4 per cent per annum above the LloydsTSB plc Base Lending Rate as is current from time to time.
Suspension of Accounts
Where a required positive credit balance is not maintained then the service will be automatically suspended. Customers are able to remove the suspension by payment of sufficient additional funds to make the credit balance positive once more. However, once the suspension has been in place for a period of at least three consecutive months Miso may delete the customer's account without further warning or notice. Once an account has been deleted, then any telephone numbers attached to that account will be returned to the telephone number pool. Where those telephone numbers have been ported across from a different Communications Provider then they will be returned to that provider and will no longer be available for selection.
Miso also reserves the right to suspend a Customer's Voice Telephony Service if the Customer breaches either our terms and conditions or any acceptable use policy. In such instances, Miso will provide the Customer with formal notice, via email to the registered email address, that the account has been suspended. The Customer remains liable for any subscription based fees during such suspension, and service will only be resumed once the breaches have been resolved and/or any overdue amounts (including accrued interest) paid to Miso.
Cancellation of Accounts
The Customer has the right to cease using the Voice Telephony Service at any time although no rebate will be provided for unused time with regards to subscription based services, and the Customer shall remain liable for any ongoing subsription fees until such time as a formal notice of termination has been submitted and run its course.
As detailed above under Suspension of Accounts, once a suspension has been in place for a period of at least three consecutive months Miso may cancel the customer's account without further warning or notice.
Miso will not be held liable for incidental, special or consequential damages. Miso makes no warranty, express or implied, relating to the fitness for purpose or merchantability of the Voice Telephony Service. Regardless of the nature of any claim, the limit of Miso's liability to the Customer shall not exceed the aggregate of twelve monthly payments for the Voice Telephony Service.
The Customer indemnifies Miso against any and all claims and damages made against Miso as a direct or indirect result of the Customer's use of the Voice Telephony Service.
Customer Obligations for the Voice Telephony Service
- The Customer is responsible for their personal computer and data security and shall take all reasonable steps to minimise unauthorised entry to the Customer's computer and/or network via the Voice Telephony Service. The Customer is further responsible for the content of any transmission from their computer and other equipment and/or network over the Voice Telephony Service.
- The Customer must ensure that they comply with the latest edition of any Acceptable Use Policy in force at any given time, and not to use, or permit others to use, the Voice Telephony Service for unlawful or immoral purposes or for any purpose for which the Voice Telphony Service was not designed.
- The Customer must ensure there are sufficient funds in their bank account for all regular and/or top-up payments.