Terms of Service

    Definitions

  • "Pro-Talk" (also referred to as the "Service Provider") is a business registered in the Republic of Ireland providing telecommunications services for residential and commercial use.

  • "Account" means the specific customer account issued by the Service Provider to a Customer upon successful application by the Customer for same.

  • "Call Rates" means the list of per-minute rates charged by the Service Provider for calls made to each destination to which such calls may be made in accordance with the Services.

  • "Customer" is any person to whom Pro-Talk provides any service, whether for payment or otherwise.

  • "Payment Data" means any sensitive information relating to a method of making an online payment. It includes: Paypal account details, credit/debit card numbers, billing addresses and bank account information.

  • "Personal Data" means any information concerning the identity of the Customer and includes Payment Data.

  • "Phone Number" means the local or Freephone VOIP phone number provided by the Service Provider to the Customer as part of the Service.

  • "Services" means any service whatsoever provided by Pro-Talk to the Customer whether for payment or otherwise.

  • "Terms of Service" refers to this document, including any appendices hereto, and including any variations, deletions or additions to this document or its appendices which may arise from time to time.

  • "Top-up" means the act of adding funds to the Customer's Account.

  • "VAT" means the rate of Value Added Tax prevailing in the Republic of Ireland, which is currently 23%.

  • "Website" refers to any website owned and used by the Service Provider for the purposes of providing the Services to the Customer. It also includes any servers hosting such websites.

  • In the Terms of Service, the use of the term "he" shall include "her" and ""it". The use of the word "his" shall include "her" and "its". The use of the word "himself" shall include "herself" and "itself".

    General


  1. The Customer agrees to be bound by the Terms of Service.

  2. The Customer shall provide accurate information about himself when signing up for any of the Services, and shall notify the Services Provider of any subsequent changes to this information.

  3. The Customer shall use the Services in an honest and responsible manner and shall not use the Services in a manner which is either illegal or immoral in his own country or in the Republic of Ireland.

  4. The Service Provider shall endeavour to provide high quality Services. However, the Service Provider shall incur no liability for any loss, damage or expense, howsoever caused, resulting from any failure in the provision of the Services.

  5. The Customer is entitled to a refund in the event of a failure in the Services for which he has made payment.

  6. The Service Provider may suspend a Customer's Account where, in the reasonable opinion of the Service Provider, that Account is being used in a manner inconsistent with the Terms of Service.

    7. Advertising


  7. The Service Provider shall ensure, insofar as reasonably possible, that the Services are advertised in a manner which is fair and accurate.

  8. In the event of any conflict between an advertisement (including the content of the Website) and any provision of the Terms of Service, the provision of the Terms of Service shall prevail.

    9. Call Rates


  9. The Service Provider shall publish the Call Rates on the Website.

  10. The Call Rates are subject to change from time to time, but inspection of the latest Call Rates must be made available to the Customer.

  11. The Call Rates may be published exclusive of VAT.

    12. Phone Numbers


  12. The Customer agrees to ensure that it uses the Phone Numbers purchased from the Service Provider in a manner which complies with the rules of the telecommunications regulator in the country which issued the Phone Number.

  13. The Service Provider is entitled to change or delete a Phone Number issued to the Customer for any reason whatsoever. Where the reason for the deletion of a Phone Number involves no fault or misconduct of the Customer, the Service Provider shall issue an alternative Phone Number to the Customer.

    14. Top-up and billing


  14. The Services shall be paid for by the Customer in advance by a Top-up of his Account.

  15. It is the responsibility of the Customer to ensure that his Account contains sufficient funds to meet the costs of the Services provided to him. The Service Provider may suspend or delete the Services in the event that the Customer's account contains insufficient funds to pay for the Services.

  16. The Customer may be charged VAT on any Top-up if he is liable to pay VAT.

  17. A Top-up may be subject to transaction fees, which may be deducted from the amount of the Top-up before it is transferred to the Customer's Account.

  18. The Customer shall be entitled to a receipt for a Top-up, including the Service Provider's VAT Registration number where appropriate.

    19. Privacy and Security


  19. The Service Provider shall take reasonable care to secure its Website and any personal data held by it belonging to the Customer.

  20. The Customer shall take reasonable care to ensure that his Account cannot be accessed by unanuthorised persons. In particular, the Customer shall ensure that his Account is protected by a secure password and that access to such password is not made available to any other person.

  21. The Service Provider shall not maintain on its website any Payment Data belonging to a Customer.

  22. The Service Provider shall not share any of the Customer's Personal Data with any third party unless it is legally obliged to do so or where it is necessary to do so in order to provide the Customer with the Service. The Customer consents to allowing the Service Provider to share the Customer's Personal Data with a third party where the sharing of such information is necessary for the provision of the Service to the Customer.

  23. The Service Provider shall never, under any circumstances, share the Customer's Personal Data with any third party for commercial gain beyond the provision of the Services.

    24. Disputes and Governing Law


  24. Any dispute between the Service Provider and the Customer shall be settled in the first instance by communication between them. Thereafter, the dispute shall be referred to mediation which shall be mediated by a mediator agreed by the parties.

  25. Any dispute between the Service Provider and the Customer shall be governed exclusively by the laws of the Republic of Ireland, and shall be subject to the exclusive jurisdiction of the Irish courts.