1. Arcutel customers accept that Arcutel is not liable for any loss, damage or expense suffered by the customer arising from its use of Arcutel, and this incudes loss or damage to its profit, income, turnover, privacy, business, goodwill. The Arcutel customer is responsible for its input and its choice of option of the Arcutel system.
2. Arcutel customers agree that all Invoices will be paid and discharged in full within 30 days of issue of Invoice. Paid Invoices will not be refunded. Invoices will normally be issued to Arcutel customers on the first day of each month, unless nothing is due. Arcutel may at its sole discretion, where it deems appropriate, provide the Arcutel customer with a Credit Note, in full or in part, in respect of any service it has provided (or may have failed to provide) to an Arcutel customer. Arcutel reserves the right to change its charges from time to time, its trial period from time to time and its outbound credit sum from time to time. Arcutel will normally give its customers 30 days notice of any changes to its Schedule of Charges or Costs. Arcutel will suspend its service to Arcutel customers when Invoices to the Arcutel customer have not been paid in full within 30 days of issue. Arcutel reserves the right to increase or decrease its charges from time to time.
3. Arcutel customers are entitled to the outbound credit sum for outbound calls during the trial period when the customer can, without liability to future contracts, use the Arcutel service on a trial basis and the customer is entitled to free unlimited inbound calls and one free phone number during the trial period. If the Arcutel customer wishes to have more than one phone number, Arcutel will charge the customer for such additional phone numbers. Arcutel will charge the customer for outbound calls after the outbound credit sum has been used up. If the Arcutel customer does not switch to a live account at the end of the trial period, the service to the Arcutel customer will cease.
4. Arcutel will use its best endeavours to retain the audio recordings of all calls for a period of at least two years, following which period, such recordings may be destroyed or otherwise disposed of. Arcutel shall not be responsible to retain the recordings for any longer period. The recordings shall be and remain owned by Arcutel and not the Arcutel customer. It is the duty of the Arcutel customer to notify or advise its customer that the phone calls are being recorded and failure to do so is and shall be entirely the responsibility of the Arcutel customer and not Arcutel.
5. Arcutel customers will not use the Arcutel service to make emergency phone calls. No responsibility or liability shall rest with Arcutel arising out of such calls. Arcutel reserves the right to disclose details of such calls, and the information it has relating to such calls, to the appropriate Government, Garda or Emergency Services.
6. Arcutel customers accept that the service provided by Arcutel cannot be used for any illegal or criminal purpose. Arcutel reserves the right to inform the Gardaí or appropriate Authorities if it considers that there has been, is or may be any illegal or criminal act intended or committed.
7. Arcutel will do its best to provide the customer with the best service. However, it is possible from time to time that the service may be temporarily or permanently limited or rendered unavailable. In such circumstances, no compensation can be provided for such temporary or permanent absence of service. Arcutel is not responsible for indirect, direct or consequential damage or loss caused by temporary failure to provide its service or any damage or loss sustained by the customer arising out of its use of the Arcutel service.
8. It is the duty of the Arcutel customer to inform its callers that its calls are being recorded. This is the duty of the customer and not Arcutel. Any damage, costs, or losses sustained by the Arcutel customer or any third party shall not be the responsibility or liability of Arcutel for such failure to advise such callers, which is and will remain that of the Arcutel customer.
9. Arcutel customers accept that he/she may be sent e-mails from Arcutel or details of its services, changes, new services, promotions, etc. from time to time.
10. If any Condition or part of Condition is determined by a Court to be legally void or unenforceable, then such Condition or part condition shall be severed from the other terms and conditions which are to be interpreted as remaining valid and enforceable and severed from such void Condition or part Condition.
11. The Arcutel Contract and these general terms and conditions are governed by the Laws of the Republic of Ireland and remedies available to Arcutel or its customers shall be primarily within the jurisdiction of the Republic of Ireland.
12. Arcutel customers accept that these general terms and conditions may change from time to time and it is the responsibility of the Arcutel customer to check what changes if any have been made from time to time.Draft 2 18.01.2015