Terms of Use

Last Updated: May 02 2024
This policy applies to the use of all information collected and used by RocketPhone Limited (“Company”).
RocketPhone Limited is a company registered in the United Kingdom

RocketPhone.ai (the “Service”) is a platform for the provision of Telephony and Communication Analytics and Automation to be managed by the Customer and its Users, accessed by Callers. The Service is operated and owned by RocketPhone Limited. These Terms & Conditions, Privacy Policy, Acceptable Use Policy, Service Level Agreement and any additional terms in your order form, constitute the full legal agreement between you (the “Customer”, “you” and “your”) and RocketPhone Limited (hereafter referred to as “We”, “Our” and “Us”).

IMPORTANT INFORMATION:
THE USE OF THIS SERVICE WILL RELY ON THE AVAILABILITY OF YOUR OWN DEVICES, HARDWARE, PHONE DATA NETWORK AND INTERNET PROVIDER AT ALL TIMES – ANY RESTRICTIONS IN ANY OF THE ABOVE SERVICES OR DEVICES WILL ALSO LIMIT THE QUALITY OF THE SERVICE.


The terms, conditions, and notices contained in these Terms & Conditions must be agreed to and accepted without qualification or amendment in order to obtain the Service as defined below. By using the Service or by accepting an Order Form from RocketPhone Ltd, you hereby agree in full to all terms and conditions of this Agreement. If you do not agree to these terms and conditions, then please do not accept an Order Form or access or use the Service.
If you begin the sign-up process but fail to complete the process, we may contact you in an effort to help you complete the process. You hereby authorise us to contact you in this circumstance even if you ultimately decide not to sign up to the Service.

Definitions
1.2 In this Agreement the following terms shall have the following meanings unless the context requires otherwise:
Act: means the Communications Act 2003.
Agreement: shall mean this document between Us and the You.
Application: means RocketPhone.ai and any other websites, administration tools and/or software applications to be provided by us, or our authorised partners, to you.
Artificial Inflation of Traffic: means any situation where the Service experiences unusual call patterns that are disproportionate to the overall amount of usage as would reasonably be expected.
Business Day: means any day which is not a Saturday or Sunday or a public bank holiday in England.
Call: means a signal, message, voicemail or communication which can be silent, visual (including text and data) or spoken.
Caller: a person who ultimately uses the Service through the Customer.
Confidential Information: has the meaning set out in clause 15.1.
Customer Information: means any information, including (without limitation) any routing destinations, images, audio, audio-visual, text or other information or content that relates to the Customer’s use of the Service.
Controller: has the meaning set out in GDPR.
Data Protection Legislation: in relation to any Personal Data which is Processed in the performance of this Agreement, the Data Protection Act 1998 and EU Data Protection Directive 95 / 46 / EC (prior to 25 May 2018), GDPR (on and after 25 May 2018), the Investigatory Powers Act 2016, Telecommunications (Lawful Business Practice), the Privacy and Electronic Communications Directive 2002 / 58 / EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003 / 2426), in each case together with all laws implementing or supplementing the same and any other applicable or equivalent data protection or privacy laws, and all other applicable law, regulations and codes of conduct relating to the processing of personal data and privacy, including the guidance and codes of practice issued by a relevant Supervisory Authority.
Data Subject: has the meaning set out in GDPR.
Emergency Call: means a Call from a Caller to the emergency services made by dialling 999 or 112.
GDPR: the General Data Protection Regulation (EU 2016/679).
Inappropriate Content: any content that infringes any applicable laws, regulations or third party rights (such as, for example, material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights or the Act).
Intellectual Property Rights: means all intellectual property rights (including without limitation, patents, trademarks, copyrights, designs, rights in databases, user data, rights in and to know-how and Confidential Information (in each case whether registered or unregistered)) and any and all applications for the same.
International Number: means a Number outside of the United Kingdom which is available for international regions at an additional monthly charge.
Insolvency Proceedings: means going into administration, administrative receivership, liquidation or receivership or becoming unable to pay debts as they fall due within the meaning of section 123 of the Insolvency Act 1986 or suffering any similar or analogous action in consequence of debt.
Network: means the network provided by us or any other third-party network supporting the Service.
Number: means any number specifically requested by or allocated to the Customer for the provision of the Service to Callers and includes VIP and International numbers.
Personal Data: has the meaning set out in GDPR and relates only to personal data, or any part of such personal data, in respect of which you are the Controller and in relation to which we are providing services under this Agreement.
Personal Data Breach: has the meaning set out in GDPR.
Premium Features: means any additional features and bolt-on extras you may add to your Service from time to time.
Processing and Process: have the meaning set out in GDPR.
Service: the service provided to you by us as described above.
Service Fee: means any charge in respect of the Service levied by us from time to time to you.
Software: any software used by us, or any party acting on our behalf in fulfilling its obligations under this Agreement or otherwise.
Special Categories of Personal Data: those categories of data listed in Article 9(1) GDPR.
Supervisory Authority: means (a) an independent public authority which is established by a Member State pursuant to Article 51 GDPR; and (b) any similar regulatory authority responsible for the enforcement of Data Protection Legislation.
Third Party Information: means information, audio, video, graphics, sound, music, photographs, software, data, databases, records, and any other materials (in whatever form) not owned or generated by or on behalf of the Customer, published or otherwise utilised or made available using the Service.
Users: means any user within your business who you authorise to use this Service.
Usage Rates: means the charges incurred by you calculated against RocketPhone’s usage based pricing
VIP Number: means a Number available at an additional monthly charge to normal Numbers and it is purchased for a minimum period of 12-months in accordance with clause 5.7.
1.2 Clause and schedule headings do not affect the interpretation of this Agreement.
1.3 References to clauses and schedules are (unless otherwise provided) references to the clauses and schedules of this Agreement.
1.4 Words in the singular include the plural and in the plural include the singular.
1.5 A reference to a particular law is a reference to it as it is in force at the date of this Agreement taking account of any amendment, extension, application or re-enactment and including any subordinate legislation in force at the date of this Agreement made under it.

Our Obligations
2.1 We shall provide the Service to you in consideration for the due and timely fulfilment of the Customer's obligations under this Agreement.
2.2 Use of the Service is at all times subject to the terms and conditions of this Agreement and by using the Service, the Customer confirms their acceptance of, and agrees to be bound by, this Agreement.
2.3 We reserve the right to amend or alter in any way these terms and conditions or charges for the Service at any time. We shall make reasonable endeavours to notify the Customer of any such changes, including making notice of the same to the Customer, but any change shall take effect even if the Customer fails to receive such notice.
2.4 We shall provide reasonable endeavours to manage and maintain a professional Service, Network and Application. However, RocketPhone is not responsible for the uptime and service availability of third party systems upon which the RocketPhone platform is built. Including but not limited to, Microsoft Azure, Twilio, OpenAI, Deepgram and Google Cloud. Outages and issues with third party systems may result in service downtime.
2.5 We shall grant you a non-exclusive, non-assignable or transferable right to use the Service in accordance with these terms.
2.6 We shall provide support to you for the Service via email and phone support.

Customer Obligations
3.1 The Customer may only use the Service for lawful purposes and at all times in accordance with the Act.
3.2 The Customer will not, nor will the Customer authorise or permit any other person to, use the Service or the Application:
3.2.1 to send or receive any Inappropriate Content or any other information or material, any part of which, or the accessing of which or use of which would be a criminal offence or otherwise be unlawful;
3.2.2 to create any Artificial Inflation of Traffic in anyway;
3.3.3 to sell, or offer to sell goods or services which are in violation of any laws, regulations or codes of practice. The Customer shall take such corrective action as we may require in such circumstances promptly following notification from us.
3.3.4 to pretend to be a party which it is not or use the Service to falsely represent another party.
3.3 The Customer warrants that Customer Information is and will remain accurate and will not include any Inappropriate Content or any other information or material, any part of which, or the accessing of which or use of which would be a criminal offence or otherwise unlawful including the breach of any Intellectual Property Rights of any other person. We reserve the right to remove such content from the Service, Application and Network where, in our sole discretion, we suspect such content to be in breach of this clause 3.3.
3.4 The Customer will be solely responsible for the accuracy, completeness, design, creation, maintenance, and updating thereof of all Customer Information. We shall not be liable for any errors or inaccuracies in any Customer Information
3.5 The Customer shall be responsible for obtaining all necessary licenses and consents required to use Service and the Customer warrants that such licences and consents have been obtained and will be subject in this regard to the indemnity at clause 12.
3.6 The Customer shall permit us to document you as a client case study or reference client and to use your name and logo in any publicity material we may produce without first referring any such material to you for approval. In addition, Customer agrees to conduct a 2-minute recorded video interview with RocketPhone if requested, to be used in RocketPhone’s marketing materials and website. Failure to do so may result in the termination of the agreement.
3.7 The Customer shall provide us with any assistance we require in relation to any query or enquiry in relation to the Service howsoever arising.
3.8 The Customer shall ensure it does not use the Service:
3.8.1 excessively and beyond what we deem is reasonable but will use its reasonable endeavours to actively promote the Service to its Callers;
3.8.2 in a way which imposes an unreasonable or disproportionately large load on our infrastructure or the Service;
3.8.3 for automated, high volume or otherwise excessive call-forwarding, auto-dialling and/or call-blasting activities; and/or
3.8.4 to make automated, continuous, extensive or excessive calls using the Service beyond what we consider (at our absolute discretion) to be reasonable business use.
3.9 The Customer will not sell or re-sell the Service to any third party.
3.10 The Customer will not use or associate the Service with any unsolicited telemarketing activities (“Spam”) and agrees to pay us a fee of £25 for each Spam complaint received by us. This will be charged for and applied to your Usage Rates and charged to the payment card you used to register for the Service.
3.11 The Customer warrants that the name, email address, phone numbers, postal address and payment information (where required upfront) that the Customer provides when the Customer registers for the Service is correct and the Customer agrees to update its account immediately in the event of any changes to such details.
3.12 The Customer warrants that it possesses the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement.
3.13 The Customer confirms that the person contracting on behalf of the Customer has authority to bind the Customer in relation to the Customer’s purchase of the Service.
3.14 Any breach of this clause 3 by the Customer shall be deemed to be a material breach of this Agreement and shall entitle us to immediately terminate the Agreement and, for this purpose, it shall be irrelevant whether the Customer was aware of the content of any material so transmitted or not. Notwithstanding and in addition to clause 8, we may suspend the Service without notice with immediate effect if, in our reasonable opinion, the Customer is in breach of this clause 3 and we may refuse to restore the Service until the Customer gives us an acceptable assurance that there will be no further contravention.
3.15 The Customer is responsible for notifying any applicable terms of the Service to its Users and for ensuring that its Users comply with such terms.
3.16 In the event that we suspect that the Customer has breached this Agreement, at our absolute discretion we reserve the right to:
3.16.1 suspend and/or terminate the Customer’s access to the Service immediately without notice; and/or
3.16.2 modify the Customer’s pricing plan for access to the Service to reflect any excessive use of the Service or abuse of billing periods to avoid and manipulate payment to us, including, without limitation, converting the Customer’s pricing plan to a fully-metred usage plan and charging pro rata for Service access.
3.17 Each Customer must have their own RocketPhone account and sharing of user accounts is not permitted in any circumstances.

Warranties
4.1 Other than as cannot be excluded in law, we expressly exclude all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose in relation to the provision of the Service.
4.2 We do not warrant that the Service will be error and or virus free or operate without disruption or is compatible with all equipment and software configurations.
4.3 We do not warrant the uptime and performance of third party systems upon which the RocketPhone platform is built, including but not limited to, Microsoft Azure, Twilio, Gradwell and Google Cloud.  Outages and issues with third party systems may result in service downtime.
4.3 The full extent of our liability in respect of the provision of the Service is as set out in clause 10.

Service Specific Conditions
5.1 Number allocation - once you have registered for the Service you shall be allocated or can select from us your Numbers at random to use in conjunction with the Service and for your Callers to contact you on in accordance with the terms of this Agreement.
5.2 Number usage – where any “Free” service is concerned (see clause 7.1), if you do not use the Service or your Number for a period of over 6-months we reserve the right to cancel the Service and re-allocate your Number back to stock for potential re-use by another party in the future.
5.3 Number testing - It is your responsibility to ensure that the Number works correctly when being diverted to the Customer
5.4 Call and voicemail recording – subject to termination of this Agreement we will store any recorded Calls for as long as you state you need them accessible within the Application of the Service for that period only. Any recordings stored will be held in accordance with Data Protection terms specified in clause 13 and then deleted unless you download and store them yourself.
5.5 Call recording notices - the Service may provide a feature that allows you to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required under applicable law.
5.6 Emergency calling – you will NOT be able to make Emergency Calls from the Service.
5.7 Number porting into the Service – should you wish to port any existing Number into the Service then you must contact us via support@RocketPhone.ai to complete the required consent paperwork to complete this process, we will then handle this for you. There will be an admin charge payable but this will be agreed with you in writing prior to any number being ported.
5.8 Number porting away – should you wish to port any existing Numbers away from the Service then you must contact your new service provider to request this. We will typically receive instruction from them within 10-days to action this request. Prior to contacting your new provider, you will need to contact us at support@RocketPhone.ai in order for us to provide the information necessary for you to submit to your new provider when initiating the port. We cannot however guarantee that your new service provider will have the ability to port in your Number. There will be an admin charge payable per Number.
5.9 Support – we will provide you with support facilities for the Service through the Application, however, should you need to raise a support query with us directly email support@RocketPhone.ai.
5.10 Service related communications - we will send you updates about the Service, these will include new feature updates, service updates, support updates and other general communications at our discretion. If you do not want to receive these, you can opt-out at any stage.
5.11 Marketing communications – we will occasionally send you carefully selected marketing communications, if you do not want to receive these you can opt-out at any stage. Opting out of these marketing communications will not impact any Service related communications and you will still receive these.

Charges
6.1 You agree to pay the Service Fee for your use of the Service at the prices disclosed in the Application or your Order Form/ Contract Agreement.
6.2 You acknowledge that prices disclosed could be subject to change and we will do our best to notify you of such changes and providing you as much notice as possible. We, as additional features to the Service, will add to the things which you can pay for within the Service Fees. These will always be features you are in control of and you can use them or not as you prefer.
6.3 All pricing disclosed on the Application or your Contract Agreement will be invoiced and paid in the currency you choose when signing up for the Service, and is exclusive of value added tax (VAT) or other sales, import or export duties or taxes (if applicable) and this will be added at the point of payment.
6.4 All charges and VAT invoices for the Service will be emailed to you.
6.5 Charges for the Service will be invoiced to the Customer once an Order Form has been accepted or in an accordance to your Contract Agreement. Full payment of invoice is due by the date stated on the invoice. Where no date is given, payment is due within 30 days of an accepted order.
6.6 You will be able to view all current logs, and amend and/or update Customer Information in the Application.
6.7 Invoices will, other that in respect of the period covering the free trial period, be for periods of:
6.7.1 If on a ‘Monthly’ plan, one month and will be issued automatically by charging the payment card used to register for the Service on the date of such invoice. Changes made to your subscription during your monthly billing period will be calculated pro-rata for the remainder of the period and included on your next monthly invoice. If you cancel the Service through the Application you will automatically stop charges with effect from the end of the then current month and after settlement of that month’s charges based on Usage Rates and any pro-rata charges for changes made to your account during the month. Please note that your Service will not work if you do not have a valid credit card with us and/or terminate the service and you will not be able to accept Calls on your Number through the Service.
6.7.2 If on a ‘Annual’ plan, one year and will be issued automatically by charging the payment card used to register for the Service or by customer initiated bank transfer on the date of such invoice. Changes made to your subscription during your annual billing period will be calculated pro-rata for the remainder of the period and will be invoiced for before any changes take effect. No refunds will be given if Customer voluntarily cancels their plan part way through an annual plan.
6.8 We will not issue refunds for any reason on the Service.
6.9 If your payment card fails to make a complete payment to us or we experience any payment card fraud and/or chargebacks then we have the right to immediately suspend and/or terminate the Customer’s account and the Service shall immediately cease.
6.10 If the Customer subsequently makes a valid payment to us then the Service will be re-instated and we shall make all reasonable endeavours to restore all data collected by us for the Service provided to the Customer prior to a termination. If the Customer does not make a payment within 2 weeks then all such Customer data shall be deleted by us and the account terminated and Number(s) reclaimed by us and returned to stock for potential re-use by another person.
6.11 For multi-year agreements, for each successive year of an agreement during that year, the pricing and fees for the products and services provided thereunder shall be adjusted to reflect any annual increase in the Retail Price Index or technical infrastructure costs, whichever is greater.

Service Provision (applicable only to free trials)
7.1 Notwithstanding any other provision of these terms and conditions, if you do not choose to add card payment details or make a payment before the end of the trial, your account will be suspended. You may add payment details up to 30 days post-trial period, at which point the account will activate immediately and the amount of Premium Features and Usage Rates will be invoiced in accordance with clause 6.7.
7.2 Should you terminate the free trial within the free trial period you will not be billed for any usage as all features enabled within the trial period are included within the trial.

Security
8.1 The Customer shall not attempt to circumvent system security or access the source code of the Software or the Application of the Service.
8.2 The Customer shall keep confidential any passwords or other security information relating to the Software or the Application of the Service.
8.3 The Customer is responsible for the security and proper use of all user IDs, passwords, used in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised persons.
8.4 The Customer must immediately inform us if there is any reason to believe that a user ID or password issued by us has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
8.5 We reserve the right to suspend access to the Service if at any time we consider that there is or is likely to be a breach of security or if the Customer fails to comply with our instructions or requests in relation to security matters.
8.6 We reserve the right (at our sole discretion) to require the Customer to change any or all of the passwords used by the Customer in connection with the Service.

Term and Termination
9.1 To terminate the Agreement the Customer must either cancel the account through the Application or by emailing support@RocketPhone.ai with formal confirmation of cancellation served in writing pursuant to clause 16 and we shall terminate the Agreement:
9.1.1 Immediately during the free trial period or the then current month, as the case may be, subject, in the latter case, to being given thirty days notice and to receipt of such written confirmation prior to this time.
9.1.2 At the plan end date if on an annual plan, subject to being given thirty days notice and to receipt of such written confirmation prior to this time. If no cancellation is made or requested, annual plans will automatically renew for another year and customer agrees to pay service fees this will incur.
9.2 If you terminate the Agreement of your own choosing then you will lose your Number(s) permanently.
9.3 On termination of the Service any balance due on termination will be invoiced and collected in accordance with clause 6.
9.4 We may terminate this Agreement, without notice, if you are in breach of any part of this Agreement or suffer Insolvency Proceedings, although your obligation to pay then current charges shall survive termination of this Agreement.

Limitation of Remedies and Liability: Your attention is particularly drawn to this clause
10.1 Nothing in this Agreement shall operate to exclude or limit either party’s liability for:
10.1.1 death or personal injury caused by its negligence; or
10.1.2 fraud; or
10.1.3 any other liability which cannot be excluded or limited under applicable law.
10.2 We shall not be liable to the Customer or any third party for any indirect, incidental, sequential or consequential loss or damages arising under this Agreement (including without limitation) loss of profits, business, earnings or opportunity arising under or in connection with this Agreement.
10.3 Other than as stated in clause 10.1, we shall not be liable to the Customer in contract, tort (including negligence) or otherwise in relation to this Agreement.
10.4 The provisions of this Agreement and the rights and remedies of the parties under this Agreement are cumulative and are without prejudice and in addition to any rights or remedies a party may have at law or in equity.
10.5 The Customer accepts that we are neither obligated nor able to edit, review or modify Customer Information or Third Party Information and that we do not examine the use to which the Customer puts the Service. However, we reserve the right to remove any Customer Information or Third Party Information if we reasonably believe such information breaches any laws or regulations or any third party´s rights.
10.6 We exclude all liability of any kind in respect of Customer Information, Third Party Information or any other material which can be accessed using the Service and are not responsible in any way for any goods (including software) or services provided advertised, sold or otherwise made available by means of the Service.

Intellectual Property Rights
11.1 All Intellectual Property Rights in Customer Information ("Customer Intellectual Property") are and shall remain the property of the Customer and its licensors.
11.2 Except as provided for at clause 11.1, all Intellectual Property Rights in the Service and/or the Software, Application, Services and any supporting or associated material relating to the Software, the Application or the Service developed by us in fulfilling our obligations under this Agreement or in connection with this Agreement, whether the Software, the Application or the Service or material is particular to the Customer or not, and any other material provided to or made accessible to the Customer by us as a result of this Agreement ("Our Intellectual Property") are and shall remain our sole property.
11.3 The Customer grants to us a non-transferable, royalty free licence to use the Customer Intellectual Property for the purposes of performing our obligations under this Agreement.
11.4 We grant the Customer a non-transferable, non-exclusive, royalty free licence to use Our Intellectual Property for the purposes of performing your obligations to us under this Agreement.
11.5 We will generate metadata as part of RocketPhone’s normal operation. This metadata includes but is not limited to statistical profiling of phone numbers, the capture of call bookmarks and associated call audio / text , data that supports machine learning models, natural language processing and statistical modelling. All meta data that is generated as part of the Customer’s use of RocketPhone software is the explicit property of RocketPhone and will be used to improve the overall system.

Third Party Transactions
12.1 The Customer shall remain solely responsible for any transactions of any kind entered into between the Customer and Users or any other third parties accessing or acting in reliance on the Service, or any information on the site. We will not be a party to or in any way responsible for any transaction between the Customer and a Buyer or other third party.
12.2 The Customer agrees to indemnify and keep us indemnified from any claim brought by a third party resulting or arising from the Customer's use of the Service, any breach of its obligations under clauses 3 and 4 of this Agreement by the Customer, our hosting of the Service, or any claim brought by a third party resulting or arising in any way from any Customer information or any other material provided by the Customer to us.
12.3 The indemnities at clause 12.2 includes all costs, expenses, damages, awards, fees (including reasonable legal fees) and judgments finally awarded against us arising from any relevant claims. Furthermore, the Customer agrees it will provide us with notice of such claims, gives us full authority to defend, compromise or settle such claims and to give all reasonable assistance necessary to defend such claims, at the Customer's sole expense. We agree that any actions taken in respect of such claims will be taken in consultation with the Customer.

Data Protection
13.1 This applies when Personal Data is Processed by RocketPhone as part of RocketPhone’s provision of the Service. In this context and for the purposes of the GDPR, Customer is the data controller and RocketPhone is the data processor.
13.2 RocketPhone processes Customer’s Personal Data as part of providing Customer with the Service, pursuant to the specifications and for the duration under the Terms of Service.
13.3 Customer and users authorized by Customer determine the identity of the persons which are part of the conversations analyzed by the Service. RocketPhone has no control over the identity of the data subjects whose Personal Data is processed on behalf of Customer and over the types of Personal Data Processed.
13.4 RocketPhone will only Process Personal Data on behalf of and in accordance with Customer’s instructions. Customer instructs RocketPhone to Process Personal Data for the following purposes: (i) Processing related to the Service in accordance with the Terms of Service; and (ii) Processing to comply with other reasonable instructions provided by Customer where such instructions are consistent with the Terms of Service. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data and shall indemnify, defend and hold harmless any claim, damages or fine against RocketPhone arising from any failure to acquire or use the Personal Data with legal consent or legitimate business purpose or in violation of any data protection legal requirement. RocketPhone will inform Customer, if in RocketPhone’s opinion an instruction infringes any provision under the GDPR and will be under no obligation to follow such instruction, until the matter is resolved in good-faith between the parties. Customer will provide all necessary notices to relevant Data Subjects, including a description of the Service and secure all necessary permissions and consents, or other applicable lawful grounds for Processing Personal Data.
13.5 RocketPhone will ensure that RocketPhone’s access to Personal Data is limited to those personnel who require such access to perform the Terms of Service.
13.6 RocketPhone will impose appropriate contractual obligations upon its personnel engaged in the Processing of Personal Data, including relevant obligations regarding confidentiality, data protection, and data security. RocketPhone will ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training in their responsibilities, and have executed written confidentiality agreements. RocketPhone will ensure that such confidentiality agreements survive the termination of the employment or engagement of its personnel.
13.7 RocketPhone may engage third-party service providers to process Personal Data on behalf of Customer. Customer hereby provides RocketPhone with a general authorization to engage with third-party service providers.
13.8 RocketPhone may process data based on extracts of Personal Data on an aggregated and non-identifiable forms, for RocketPhone’s legitimate business purposes, including for testing, development, controls, and operations of the Service, and may share and retain such data at RocketPhone’s discretion.
13. 9 Customer permits that on occasion, phone conversation recordings and recording snippets will be listened to and reviewed by RocketPhone employees and contractors to assist in the enhancement of RocketPhone’s AI technology.
13.10 Each party agrees to indemnify, and keep indemnified and defend at its own expense, the other party, against all costs, claims, damages or expenses incurred by the other party or for which the other party may become liable, due to any failure by the first party or its employees or agents to comply with this clause 13.
13.11 You authorise our engagement of third parties as subcontractors for the purposes of Processing; in the event that we contract with such subcontractors in accordance with the requirements of Data Protection Legislation, your entry into this Agreement will constitute your prior written consent to that subcontracting by us in respect of the relevant Processing.
13.12 Please see our Privacy and Cookies Policy which forms part of this Agreement and set out how we Process certain personal data (as defined in GDPR) as a Controller.

Force Majeure
14.1 If either party is unable to perform any obligation under this Agreement because of a matter beyond that party's reasonable control including, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, war, acts of terrorism, civil disorder, industrial disputes (whether or not involving employees of either party), breakdown of plant or machinery, default of suppliers or sub-contractors or acts of local or central government or other competent authorities, or events beyond the reasonable control of suppliers to either party, that party will have no liability to the other for that failure to perform.

Confidentiality
15.1 Each party shall keep confidential (and ensure that its employees keep confidential) all information concerning the business, finances, technology, affairs, clients, marketing plans of the other party and other information which is identified as such or is confidential by its nature (including, but not limited to, the terms of this Agreement) ("Confidential Information").
15.2 Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
15.3 Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, or in the case of us the employees of any other group company or their suppliers who need to know the information. Confidential Information may not be disclosed to any other party without the written consent of the other party.
15.4 The obligations set out in this clause 15 shall not apply to Confidential Information which the receiving party can demonstrate, with written evidence, came into the public domain otherwise than through a breach of this clause 15 or which is required by law to be disclosed.
15.5 The obligations of confidentiality in this clause 15 shall not be affected by the expiry or termination of this Agreement, but will remain in effect for 2 years after the termination of this Agreement

Notices
A notice given under this Agreement:
16.1 shall be in writing in the English language (or be accompanied by a properly prepared translation into English);
16.2 shall be delivered by email with formal written confirmation served by hand or prepaid first class post to the registered office of the other party or to such other address as may from time to time be notified to the other party in writing.
16.3 Any notice given under this clause 16 shall be deemed to have been received:
16.3.1 if by email, on receipt of the email subject to receipt of formal written confirmation in due course; or
16.3.2 on the date of delivery if delivered by hand prior to 5.00 pm on a Business Day, otherwise on the next Business Day following the date of delivery; or
16.3.3 on the second Business Day from and including the day of posting in the case of pre-paid first class post.

Assignment
17.1 The Customer will not assign, resell, sublease or in any other way transfer the Service (or any element thereof), or any of its rights or obligations under the terms of this Agreement without our prior written consent.
17.2 Contravention of this restriction in any way, whether successful or not will entitle us to terminate the Service and/or the Agreement immediately.
17.3 We may assign or transfer its rights or obligations under this Agreement by written notice to the Customer.

Fair Usage Policy
18.1 RocketPhone is dedicated to providing a safe way for users to make and receive calls, and in order to achieve that goal, we do not permit certain types of calling or messaging on our platform. RocketPhone reserves the right to impose limits and charge overages on your usage of the Services or to terminate your use of the Services at any time in our discretion. RocketPhone will do so if we reasonably believe that your usage, including, but not limited to, the total number of text messages you send, the number of minutes you use, and/or the number of devices you use are not consistent with normal, fair, and reasonable use of the Services, or if you breach any rules in this Fair Use Policy. Whenever reasonably possible, we will give you written notice of your excess usage or breach of the rules contained herein before taking any such action, and allow a reasonable period to allow you to modify your use.
18.2 Where a License includes "Unlimited" calls, only calls made locally are included in the "unlimited allowance". Calls to premium rate numbers are excluded from the allowance, as are calls to local numbers made when abroad. The "Unlimited" call allowance is subject to our acceptable use limit of 1500 minutes per user per month.
18.3 For calls to all other numbers, including calls to premium and private phone and International, Customer should speak to their account manager to activate calls to/from these numbers. Note, additional fees will be charged for calls to/from these numbers.
18.4 Where an “International calling bundle” is added to your service, this bundle is subject to our acceptable use limit of 250 minutes per user per month (unless otherwise specified in your contract/order form). As bundles are pooled between all users, you may add as many International Bundles as is required. Note this does not include calls to international mobile numbers. These can be activated on a per country basis and will be charged per minute in most cases.


Entire Agreement
19.1 This Agreement, our Standard SLA, and our Privacy Policy sets out the entire agreement and understanding between the parties, it supersedes any previous agreement between them in relation to the subject matter of this Agreement and no agreements, promises, assurances, warranties, undertakings, representations, statements or inducements, oral or written, not contained herein shall bind either party.
19.2 You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement [and any agreement referred to herein/ our Privacy Policy, SLA and Acceptable Use Policy]
19.3 No person or undertaking that is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this Agreement.
19.4 The Customer may not vary this Agreement without the written consent of us.
19.5 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
19.6 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19.7 Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting enter party as agent of the other for any purpose whatsoever. No party shall have the authority to bind the other party or to contract in the name of, or create a liability against, the other party in any way or for any purpose.
19.8 This Agreement and any disputes or claims (whether contractual or non-contractual) arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England.
19.9 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) that arises out of or in connection with this Agreement.

The following are specific terms pertaining to the use of RocketPhone.ai’s e-sim/business mobile product “RocketCell”.

If you do not agree with these Customer Terms, Data Processing Agreement or Privacy Policy, you may not use the Service.

1. Agreement Structure and Contracting Entity
1.1. The Agreement shall comprise of:
1.1.1. Each set of Commercial Terms
1.1.2. The Service Terms;
1.1.3. Any applicable Price Plan Guide(s);
1.1.4. These General Terms;
1.1.5. RocketPhone.ai's Standard List Price;
1.1.6. Any other document expressly referred to in this Agreement; which apply in decreasing order of precedence.
1.2. By entering into the Agreement, the Customer confirms that it is contracting as a business and not as a consumer. 

2. Definitions –
The defined terms in the Agreement shall have the following meanings:
Additional Services – additional or supplemental services for which a charge is made in addition to the fixed periodic charges for the Services (if applicable).
Age Restricted Services – any Services for use only by customers 18 or over
Connection – the procedure by which we give you access to Services. ‘Connected’, ‘Connecting’, and ‘re-Connection’ have corresponding meanings.
Confidential Information – Information which would reasonably be regarded as confidential by a business person concerning the operations, business, services, knowhow, suppliers, customers, or products of the disclosing Party disclosed by a Party to the other Party before or after the Commencement Date.
Disconnection – the procedure by which we stop your access to Services. ‘Disconnected’,‘Disconnect’ and ‘Disconnecting’ have corresponding meanings.
Equipment – Any tangible material, but not a SIM Card, supplied by RocketPhone.ai to Customer, such as a mobile phone or a connecting cable.
Equipment Subsidy – Original Equipment value less any upfront payment made by Customer towards the Equipment.
Handset – the device or mobile handset that is authorised by us for Connection to the network which is used to access Services.
Intellectual Property Rights – Rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademarks or trade and business names), copyright, moral rights, databases, domain names, topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals thereof) and wherever in the world enforceable; rights in the nature of unfair competition rights and to sue for passing off; and trade secrets, confidentiality and other proprietary rights, including rights to knowhow and other technical information.
Messaging Services – any email, fax and voicemail services, text message and multimedia messaging services, personal information management and other message or communication facilities which let you communicate with others.
Network – The telecommunication systems RocketPhone.ai uses to provide the Services.
Premium Services – any Services which are charged at premium rates. You can only access these Services, such as international calling and international roaming, with our approval.
Services – the services offered by us, including call services, Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we agree to provide for you.
SIM / SIM Card(s) – A subscriber identity module card is an integrated circuit storing user specific data, including your phone number and allows use of equipment on the Network.
Session Initiation Protocol (SIP) – is a communications protocol for singling and controlling multimedia communication sessions in applications of Internet telephony for voice over Internet Protocol (IP) networks.
Storage Services – any Services which offer you storage capacity on the network for storage of content which you access from us.
Suspension – the procedure by which we temporarily Disconnect your access to the Services. ‘Suspend’ has a corresponding meaning.
Subsidy – A sum RocketPhone.ai invests in the Customer, including cash bonus, connection bonus,Technology Fund, Equipment discount, as set out in the Commercial Terms.
UK – England, Wales, Scotland, Northern Ireland and adjacent islands (e.g. Isle of Wight)but excluding the Channel Islands and the Isle of Man.
User – An individual end user of the Equipment and/or Services under this Agreement.
RocketPhone.ai – RocketPhone.ai Limited, registered number 09888132 and registered office40 Gracechurch Street, London, England, EC3V 0BT 

3. Key Points
3.1. The General terms for Services only cover the terms on which you may use theServices. They do not cover your purchase or rental of Handset(s) or Hardware.
3.2. Services will be provided within our network provider’s network area but it’salways possible that the quality or coverage may be affected at times.
3.3. You must not use the Services for any illegal or improper purposes. Anyoneunder 18 is not permitted to access Age Restricted Services.
3.4. You agree that we and our network provider can process your personal datawhich we collect or which you submit to us during any sales or registration process, fora number of purposes, including to open and manage an account for Services, todeliver products and services ordered by you, for credit checking and fraud prevention,(subject to your preferences) as set out in our ‘Privacy Policy’ in the Terms for Services. 

4. Terms of Services
4.1. About your agreement. It is your responsibility to make sure any SIM or SIP account is only used to access Services as permitted in this agreement. This agreement does not cover the supply of your Handset(s) or Equipment. The manufacturers of Handsets and Equipment are not related to us.
4.2. Variations to your agreement or prices. We may vary any of the terms of your agreement. You can end the agreement if such variations are to your detriment except that you will not be able to end the agreement if such variation or increase:
4.2.1. is due to changes to the law, government regulation or licence which affect us; or
4.2.2. relates solely to Additional Services;
4.3. If you carry on using Services after the variation commences, you will be deemed to have accepted the variation.
4.4. RocketPhone.ai may reasonably increase the prices set forth on the price list and any other schedules, at any time and for any reason, by giving at least 30 days prior written notice of the new price. 

5. Signup
5.1. The person signing up for an account will be automatically assigned as a super administrator (“Super Administrator”), the Customer contact who has day to day responsibility for the Customer account. Your account is only for use by either a single legal entity (e.g. a company or a partnership) or an individual user.
5.2. You must provide the Customer legal full name, address, a valid email address, and any other information requested in order to complete the signup process.
5.3. The Customer acknowledges that, if the Customer allows a third party to open an account on their behalf or designates any of the third party’s personnel as Super Administrators of the Customer’s account, the third party will be able to control account information, including Customer Data, and access to the Customer’s account.
5.4. You confirm that all Users are 18 years old or older.

6. Commencement of Service & Term
6.1. By agreeing to use our services you understand that you are entering expressly into a business to business contract and therefore there is no cooling off period or 14 day cancellation period for any of our services (this is consumer legislation). If you enter into a pro (12 month) contract you are bound to the entire 12 month term on activation and cancellation before the end of the contracted period will result in the full remaining balance of the contract becoming immediately due. We offer 30 day contracts for you to evaluate the service if necessary before entering into a 12 month term.
6.2. RocketPhone.ai reserves the right to charge additional fees for any customisation of your system. This will be quoted on request. 

7. Availability & Support
7.1. We will endeavour to make the service available to customers and users 24 x7, however we shall not be liable if for any reason the service is unavailable at any time or for any period.
7.2. We may suspend access to your account temporarily and without notice in the case of system failure, maintenance or repair or due to a Force Majeure Event.
7.3. We will provide technical support to you only when a ticket is raised correctly through the prescribed channels. To raise a ticket an email must be sent to support@RocketPhone.ai in the first instance. We reserve the right to refuse to service your technical support request if you do not have a valid open ticket reference number. Technical support is available only during working hours (9-5 Monday-Friday, excluding bank holidays). Technical support will only be provided for bugs or errors that are reproducible by us. You agree to provide us with full and accurate details ofall bugs and errors, on request see 7.7). You acknowledge that we provide no warranty that all or any bugs or errors will be corrected.
7.4. We will provide technical support in accordance with our service level agreement. RocketPhone.ai reserve the right to vary from time to time any published service levels.
7.5. Neither our staff nor our third party service partners have access to any user passwords and are therefore unable to access the organisation’s account or data
7.6. We will not tolerate any abusive or aggressive behaviour towards our staff. This behaviour may prevent us from being able to provide the appropriate support and may result in your services being terminated.
7.7. Logging faults. For any faults we will require the following information. Without all of the below we will be unable to resolve the fault or adhere to our SLAs:
7.7.1. (a) Exact nature of fault (Detailed description of the issue you are encountering)
7.7.2. (b) Confirmation of which users are affected (extension numbers or direct dial information please)
7.7.3. (c) A minimum of 3 call/SMS examples of where the fault has occurred, these examples must be from within the last 72 hours. The details we need for each of these calls are:
7.7.3.1. - Whether this is an Inbound/Outbound Call or SMS
7.7.3.2. - Time & date of call
7.7.3.3. - All numbers involved in the call (for example extension 2001 rang07xxxxxxxxxxxx, or call from 07xxxxxxxxxxx came into our main line 012xxxxxxxxxxx ,picked up by extension 2001)
7.8. Service Level Agreements
Priority
Response Office Hours
Response Out of Hours
Normal
2 Hours
Next Working Day
High
1 Hour
Next Working Day
Urgent
30 Minutes
Next Working Day
Priority
Extent of Impact
Type of Query/Request/Issue
Normal
User/ Group Requirement
Query, Information request, Minor faults with limited impact on services, service change requests (e.g. divert implementation or holiday divert changes)
High
One or several users
Unable to make or receive calls, unable to use specific feature which severely impacts services
Urgent
All users (more than 1 user systems)
Complete loss of service for the entire site
8. Allowances and Fair Usage Policy
8.1. You acknowledge and agree that our Fair Usage Allowance is set from time to time based on the average fair and reasonable needs of administering a business.
8.2. You acknowledge and agree that our “Unlimited UK Landline & Mobile” Call Plans are:
8.2.1. not intended or suitable for high volume contact centres, making automated phone calls, high volume outbound sales & marketing or any other usage than that equivalent to the average fair and reasonable needs of administering abusiness and;
8.2.2. capped at our Fair Usage allowance with all further calls beyond that limit charged at the prevailing out of bundle Call Costs.
8.3. Your inclusive minute plan will be re-set on the plan anniversary date and will not roll over. Minutes are deducted from your monthly allowance at the rates that are displayed in our tariff documents rounded up to the nearest penny.
8.4. Call charges for any calls which fall outside of your inclusive allowances (based on your tariff) will then be rounded up to the nearest penny. In addition, RocketPhone.ai may apply a per call connection charge to each call.
8.5. All of our unlimited call price tariffs are subject to a fair usage policy, currently 2,000 voice minutes and 1,000 SMS (including MMS messages) in any one billing period. RocketPhone.ai reserves the right to charge for usage at out of Bundle rates after these usage thresholds have been exceeded.
8.6. In the event that you exceed the limits included in this fair usage policy:
8.6.1. We will charge outside bundle call charges as described above.
8.6.2. We reserve the right to switch you to a more appropriate tariff or call package at any time
8.6.3. We reserve the right to suspend the service
8.6.4. We reserve the right to terminate this Agreement with immediate effect.
8.7. Inclusive UK calls are defined as;
8.7.1. Calls to UK Geographic Landlines beginning 01, 02 and 03
8.7.2. Calls to UK Mobiles beginning 07
8.7.3. Calls to UK Non-Geographic numbers beginning 0808 and 0800
8.7.4. They do not include calls UK Non-Geographic numbers beginning 0845 or premium numbers beginning 0870 or 09, personal 07 numbers and Internet access numbers.
8.7.5. UK Mobiles are classified as calls to T-Mobile, Virgin, Orange, Vodafone and O2 only. We explicitly exclude Lyca and Lebara mobile from our inclusive UK call allowances.

9. Default Roaming and Dialling restrictions
9.1. You acknowledge that by roaming outside of the Home Zone you will be liable for any and all charges incurred and that any minutes SMS, MMS or Data usage will not be in any inclusive bundle allowance that you may have
9.2. By default we block all international calling and premium rate calling on our service
9.3. The inability to call international or premium rate numbers is not grounds for breaking your contract as they are expressly not included in your package.

10. What We Will Provide for You
10.1. Number Porting
10.1.1. We will support inbound and outbound number porting and number migration wherever this is technically possible.
10.1.2. Standard charges published in our guides will apply to all porting and migrations.
10.1.3. We cannot guarantee that any porting requests will be successful and will charge for failed, cancelled or rejected porting requests.
10.1.4. If all information has not been submitted we will be unable to action your port request. If the port fails due to incorrect information being supplied, additional charges will apply.
10.2. A phone number and SIM
10.2.1. We or our network provider own each SIM and each SIM remains our or their property at all times. You are being allowed to use the SIM by us on a limited licence to enable you to access Services, in accordance with the terms of this agreement. We or they may recall the SIM(s) at any time for upgrades, modifications, misuse or when your agreement ends. You can only use our SIM to obtain Services from us. If you misplace the SIM, you must inform us as soon as possible and we will charge you for a replacement.
10.2.2. Each SIM may only be used in Handsets which are enabled for Services and are authorised by us for Connection to network provider. Any attempt to use the SIM in other Handsets may result in serious damage to the Handset and may prevent you from being able to use it, including the making of emergency calls. In these instances, we and our network provider are not responsible for any such damage or usage problems.
10.2.3. The SIM will work in any standard GSMA compatible 2G, 3G or 4G handset. Handsets must be unlocked (i.e. they must not be constrained to a single network Operator service or Network) in order with work with the SIM. If a handset has been previously locked to a network, and been subsequently unlocked, RocketPhone.ai can not warrant that the SIM will work in such a device.
10.2.4. We can not guarantee that all numbers are SMS enabled
10.3. A phone number and SIP Account
10.3.1. Your SIP credentials may only be used in a device that is expressly supported by RocketPhone.ai
10.3.2. In order to secure our networks service it will be provisioned by a RocketPhone.ai engineer. If the handset has not been purchased through RocketPhone.ai, a charge will be incurred for the provisioning of the handset by a RocketPhone.ai engineer.
10.3.3. We are not obliged to provide passwords and usernames (SIP Credentials).

11. Services
11.1. Once you are connected, we will provide you with access to our services. The services will include premium services, provided you ask for them and we approve, and may also include Age Restricted Services, provided you are 18 or over and you do not show or send any content from the Age Restricted Services to anyone under 18.
11.2. You will also be able to upload and send your own content using the services. You grant us and our network provider a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on the services.
11.3. We may change, withdraw or modify some, or part, of the services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content. Subject to Section 4.2, you can end the agreement if this variation is likely tobe of detriment to you; and also determine how services are presented and delivered to the handset or are otherwise made available to you. We can change the way they are presented, delivered or otherwise made available to you at any time.

12. Limitation Of Services
12.1. We will always try to make services available to you. However, services are only available within our coverage area (which comprises a video service area and a voice & picture area within the UK). Within this, there may be areas where you do not have access to all services or where coverage is otherwise limited or unavailable. For more information about coverage, visit our website.

13. Disruption Of Services
13.1. There may be situations when services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:
13.1.1. when we or our network provider need to perform upgrading, maintenance or other work on the network or Services;
13.1.2. when you move outside our video service area whilst you are on a call (in this case calls may not be maintained);
13.1.3. when you are in areas not covered by our network. In these cases Services rely on other operators’ networks where we have no control; and
13.1.4. because of other factors outside our control, such as the features or functionality of your Handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions
13.1.5. Local and third party networks & ISP’s you use to connect to your SIP Account.
13.1.6. Loss of signal due to a mast being taken down in your area by another network

14. What You Will Do In Return
14.1. Secure your PIN, Passwords and SIM
14.1.1. As we or our network provider own the SIM and it remains our or their property at all times, you must ensure that you keep the SIM safe and secure whilst it is in your possession and you must ensure that you are able to return it to us, if required to do so by us at any time, as set out in these terms.
14.1.2. To secure your local network and not allow unauthorised access to provisioned equipment.
14.2. Responsible use of Services. You may only use Services as laid out in this agreement and for your own internal business operations. This means you must not resell or commercially exploit any of the Services or content.
14.3. You must not use Services, the SIM or phone number or allow anyone else to use services, the SIM or phone number for illegal or improper uses. For example:
14.3.1. for fraudulent, criminal or other illegal activity;
14.3.2. in any way which breaches another person’s rights, including copyright or other intellectual property rights;
14.3.3. to copy, store, modify, publish or distribute Services or content (including ringtones), except where we give you permission;
14.3.4. to download, send or upload content of an excessive size, quantity or frequency.
14.3.5. in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or Services;
14.3.6. to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; and
14.3.7. to use or provide to others any directory or details about customers.
14.3.8. license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Services;
14.3.9. use the Services to provide services to third parties (e.g., as a service bureau);
14.3.10. circumvent or disable any security or other technological features or measures of the Services;
14.3.11. reverse engineer any element of the Services, or use the Services or any of RocketPhone.ais’ Confidential Information to compete with the Services;
14.3.12. modify, adapt or hack the Services to falsely imply any sponsorship or association with RocketPhone.ai, or otherwise attempt to gain unauthorised access to the Services or its related systems or Networks;
14.3.13. use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or the components of the Services;
14.3.14. use the Services to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or that contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software;
14.3.15. attempt to use any method to gain unauthorised access to any paid features of the Sites;
14.3.16. use automated scripts to collect information from or otherwise interact with the Sites or the Services;
14.3.17. deep-link to the Sites for any purpose, unless expressly authorized in writing by RocketPhone.ai;
14.3.18. impersonate any other user of the Services; or use the Services in violation of any social media network acceptable use policy, terms of use or any similar policy or terms. You shall not use the Services for surveillance purposes or gathering intelligence,
14.4. You must always cooperate with us and follow our reasonable instructions to ensure the proper use and security of the Services and your account. You must only use Handsets authorised by us for Connection to our network and also comply with all relevant legislation relating to their use.
14.5. We may publish an acceptable use policy, which provides more detail about the rules for use of certain Services in order to ensure that use of Services is not excessive, to combat fraud and where Services we may introduce require certain rules to ensure they can be enjoyed by our customers. If we publish a policy, we will let you know – such a policy may be amended from time to time – for instance, if we discover that the Services are being used fraudulently or for fraudulent purposes, or the excessive use of certain Services is causing problems for us, our network provider, its systems or for other users or if we introduce new services which may require certain rules to ensure that such new services can be enjoyed by our customers, again, we will let you know if this happens.
14.6. Responsible use of Messaging and Storage Services. While using the Messaging Services, you must not send or upload
14.6.1. anything that is copyright protected, unless you have permission;
14.6.2. unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses; or
14.6.3. anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.
14.7. Responsible use of Age Restricted Services. If you are under 18, you are not permitted to access our Age Restricted Services (if any). If you are 18 or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Handset.
14.8. Responsible use of Services outside the UK. If you use Services from a country outside the UK, your use of the Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.
14.9. RocketPhone.ai shall have the right to terminate this Agreement, in its sole and absolute discretion, if it reasonably suspects that a Subscriber has violated any of the foregoing restrictions.

15. Our Rights – Intellectual Property
15.1. All rights, including copyright in Services and their content, belong to us, our network provider, or our licensed source, such as a content provider. We and they reserve all our and their rights.
15.2. The ‘3’ trade mark and other related images, logos and names on the Services are proprietary marks of the Hutchison Whampoa group of companies. We and they reserve all our and their rights.
15.3. The ‘O2’ trade mark and other related images, logos and names on the Services are proprietary marks of the Telefonica UK group of companies. We and they reserve all our and their rights.
15.4. The ‘Vodafone’ trade mark and other related images, logos and names on the Services are proprietary marks of the Vodafone group of companies. We and they reserve all our and their rights.
15.5. The ‘EE’ and ‘Everything Everywhere’ trade mark and other related images, logos and names on the Services are proprietary marks of the Everything Everywhere group of companies. We and they reserve all our and their rights.

16. Suspension Of Services
16.1. We may Suspend any or all of the Services you use without notice if:
16.1.1. we reasonably believe you have provided us with false or misleading details about yourself or we reasonably believe that you have used Services, the SIM(s), SIP Accounts or a phone number for illegal or improper purposes incontravention of our responsible use requirements;
16.1.2. we receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you are using Services in any of the ways prohibited in Section 9).
16.1.3. we are required to suspend your Services by the emergency services or other government authorities;
16.2. If we suspend any or all of your Services, you will still be able to make emergency calls (unless they have been suspended at the request of the emergency services).

17. Termination of services
17.1. Request to terminate your services must be emailed to support@RocketPhone.ai. and be sent from the email address we have registered for your account, this instruction can not be accepted over the telephone or via our live chat.
17.2. You will receive a confirmation of your request via email.
17.3. You must pay for all services used up until your contract end date.
17.4. RocketPhone.ai reserves the right to terminate your services immediately due to abusive or aggressive behaviour towards our staff.

18. Ending This Agreement and Disconnection Of Services
18.1. We may end this agreement because of your conduct.
18.2. In the following cases, we may end your agreement immediately and you have to pay all the Charges you owe up until we Disconnect you:
18.2.1. if we have the right to Suspend your Services on any of the grounds in Section 14 and we believe that the grounds are serious and have not been, or are unlikely to be rectified;
18.2.2. if we believe that your use of our Services is jeopardising the operation of our network providers network or is of an unacceptable nature; or
18.2.3. in the event of your bankruptcy, insolvency or death.
18.3. We may end this agreement if there is no network access or Services.
18.4. We may end your agreement if we no longer have access to other operators networks which we need to provide the Services, or we are no longer able to provide the Services due to factors beyond our control or because we cease business.
18.5. If you are a consumer, any statutory rights which you may have, which cannot be excluded or limited, will not be affected by this section. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
18.6. Effect of This Agreement Ending. If this agreement ends, we will Disconnect you and you will not be able to use Services or make emergency calls.

19. Liability
19.1. Limits on our liability. All of our obligations to you relating to Services are set out in your agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing, except as set out in 14.3:
19.1.1. all other terms, conditions and warranties relating to Services are excluded;
19.1.2. our and our network operator’s entire liability to you for something we do or don’t do will be limited to £3,000 for one claim or a series of related claims; and
19.1.3. we and our network operator are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Services. We and our network operator are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.
19.2. Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law. If you are a consumer, the terms of this agreement will not affect any of your statutory rights which you have, which cannot be excluded bythis agreement. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

20. Services – Area Where We Have No Responsibility
20.1. We will try to ensure the accuracy, quality and timely delivery of Services. However:
20.1.1. we and our network operator accept no responsibility for any use of, or reliance on, Services or their content, or for any disruptions to, or any failures or delays in, Services. This includes, without limitation, any alert Services or virus detection Services; and
20.1.2. we and our network operator do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of Services or their content. They are provided to you on an ‘as is’ basis; and
20.1.3. we and our network operator are not providing you with advice of any kind (including without limitation investment or medical advice). Where Services contain investment information, we do not make invitations or offer inducements to enter into any investment agreements.
20.2. We and our network operator will not be liable for any loss you may incur as a result of someone using your PINs or passwords with, or without, your knowledge; or if we or they cannot carry out our duties, or provide Services, because of something beyond our control.
20.3. Others’ content and services – Areas where we have no responsibility.
20.3.1. You may be able to use Services:
20.3.1.1. to upload, email or transmit content using Services; and
20.3.1.2. to access content which is branded or provided by others and to acquire goods and services from others. Where we provide you with such access, all we do is transmit the content to you and we do not prepare or exercise control over the content, goods or services. We and our network operator are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.
20.4. This Section 20 will apply even after this agreement has ended.

21. Privacy Notice and Your Information
21.1. We may pass and share your personal information to our network provider, other communications service providers and network operators for the detection and prevention of theft and fraud, and to carry out any activities or disclosures to comply with any regulatory, government or legal requirement.
21.2. If you use Services from a country outside the UK it may be necessary to transfer your information to that country. If that country is outside of the EEA, the treatment of your personal information may be subject to laws and regulations applying in that country and which may not protect your information to the same standards applying in the UK and the EEA.

22. Data Processing
22.1. Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.
22.2. To the extent that personal data is processed by us on your behalf when you or users use the Service, you acknowledge that we are a data processor and the Customer is a data controller. The terms of the Data Processing Agreement shall apply to all Customer Data that we process on your behalf.
22.3. Any information that you provide to us during signup or information provided when ordering the service (such as the Customer’s email address) will be used by us in accordance with the terms of the Privacy Policy.
22.4. If a third party alleges infringement of its data protection rights, we shall be obliged to take measures necessary to prevent the infringement of a third party’s rights from continuing.
22.5. RocketPhone.ai may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our services.
22.6. We may contact you before, during and after the term of this agreement in order to administer, evaluate, develop and maintain our Services.
22.7. RocketPhone.ai operates in accordance with GDPA and in accordance with our website ‘Privacy Policy’ available at https://www.rocketphone.ai/policies/privacy-policy. You are also required to comply with all data protection legislation. In addition, you must maintain all required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.
22.8. By registering for the Services you consent to us using and/or disclosing your personal information for the following purposes:
22.8.1. processing your application (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account);
22.8.2. providing or arranging for third parties to provide customer care/help desk facilities and billing you for the Services (which may involve disclosing your information to third parties solely for those purposes);
22.8.3. to maintain quality and for training purposes, we may monitor and record telephone conversations with you;
22.8.4. to inform you about other RocketPhone.ai products or services, or products and services from our group of companies unless you opted out to this during the registration process or you notify our customer services in writing, signifying that you do not wish to receive this information from us;
22.8.5. to disclose all or part of your personal data to a regulator (i.e. Ofcom, the Information Commissioner Office), a court, or to a public body to comply with any regulatory, government or legal requirement; and
22.8.6. to communicate information that describes the habits or usage patterns and/or demographics of the whole or a part of our customer base (including you) but which is anonymous and does not describe or reveal the identity of any particular customer to any third party.
22.8.7. We are required by law to make your name, address and telephone number available to the emergency services.

23. EU Permitted Customers
23.1. If you are located in the EU (or in the UK) you can only use the service if you are a business, as evidenced by a registered VAT number or other form of proof acceptable to us.

24. Other Terms
24.1. You may not transfer or assign this Agreement or any rights under it without our prior written consent. We may assign or transfer our rights and obligations under this Agreement to a party who agrees to continue complying with our obligations under the Agreement.
24.2. This agreement is governed by English law unless you live in Scotland in which case, it will be governed by Scots Law. Each of us agrees to only bring legal actions about this agreement in a UK court.
24.3. If you, or we or our network provider, delay, or do not take action to enforce our respective rights under this agreement, this does not stop you, or us or them, from taking action later.
24.4. If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any item that is not legally effective with a similar term that is.
24.5. We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement, provided that your rights under the agreement or any guarantees given by us to you are not affected. No other person (other than our assignee, if any) maybenefit from this agreement
24.6. In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your phone number for Services
24.7. You confirm that you have full contractual capacity to agree to the agreement.

25. Third Party Rights
25.1. This agreement is entered into by us for the benefit of us and our network provider.
25.2. For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that our network provider will have the right to enforce any rights conferred on it under this agreement and to that extent our network provider will have the same rights against you as would be available if they were a party to this agreement.

26. Delivery - for physical SIMs only
26.1. SIM delivery timeframe - Our SIMS are dispatched via Royal Mail. SIM orders received before 2pm Monday-Friday will be sent out on the day they are ordered. Orders received after 2pm will be dispatched on the next working day. Please allow 3-5 working days for delivery.
26.2. SIM delivery address - We use the address we deliver your SIM to as proof of address. If the SIM is delivered to an address which is not the same as the one your method of payment is registered under, we reserve the right to query this and may request further proof of address documentation. SIMs will be delivered to an alternative address at RocketPhone.ai’s’ discretion.
26.3. Delivery Charges– Our standard UK charge covers packing and postage. All delivery charges will be shown at checkout, before and after confirmation of your order.
26.4. Hardware Delivery Timeframes - Standard delivery for phone hardware is by courier. When ordered before 4pm Monday-Thursday we aim to deliver next day but please allow up to 3-5 working days for delivery. Delivery will be attempted between 8am and 6pm. Any charges for failed deliveries may be passed on the customer (see below for more detail). If any products you’ve requested aren’t in stock, we’ll email you to let you know as soon as we are made aware by our supplier.
26.5. Delivery Locations– We deliver to all postal areas in the UK, including England, Wales and Scotland. Delivery to addresses on islands or in remote areas of the UK mainland may take a little longer than our usual delivery times, with delays possible if you live in the following postcode areas: AB, BT, DD, GY, HS, IM, IV, JE, KW, PA, PH, PO30 – PO41, TR21 – TR25, ZE. If we believe that the delivery address you’ve given may not be not secure (for example, if it’s a communal postal address or PO Box), we may contact you to make alternative arrangements.
26.6. Failed Deliveries for orders despatched via courier – Deliveries are usually made on Mondays to Fridays, between 8am and 6pm. If the recipient isn’t in, our courier (DPD) will leave a card confirming that they’ve tried to deliver your parcel and it will be held at your local DPD depot. Please find help and advice from DPD here http://www.dpd.co.uk
26.7. Partial Orders – If there are any items missing from the order (as detailed in your order confirmation email), please contact support at support@RocketPhone.ai

27. Fees and Payment
27.1. Any sums payable by You to Us under this Contract are exclusive of VAT or any other Sales Tax and shall be made in GBP (£)
27.2. As you are entering into a contract as a business the legal entity you represent is wholly responsible for and must pay any and all charges for services procured.
27.3. All sums payable to Us under this Contract shall be paid in full without any deduction set-off or withholding other than as required by law. You shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
27.4. We are under no obligation to commence the Services, unless and until we have received the required fees and any other sums outstanding from you to us.
27.5. We will only provide credit notes or refunds once we have resolved the issue and a dispute has been raised correctly through the appropriate channels. The period for the credit or refund will only be calculated from when we receive all the information necessary to investigate the issue.
27.6. Once a request for an activation or order has been placed, including any renewals, pre-orders or backorders, you do not have the right to cancel such request.
27.7. You acknowledge and agree that:
27.7.1. Where charges on your account are unpaid due to insufficient funds or direct debit cancellation, an administration charge will be included on your next monthly bill.
27.7.2. We will add a reasonable additional charge to your next bill to reinstate services suspended or terminated due to your breach of your payment obligations as per our non standard charges guide.
27.7.3. All our charges are subject to VAT at the prevailing rate.
27.7.4. Your invoice will normally include; handset rental, line rental, allocated tariff charges and support. Any charges that are incurred outside of your call plan such as calls outside your prepaid minutes will be added to your bill the following month.
27.7.5. If an engineer visits your premises you will be charged for this service and billed separately. We reserve the rights to use a third party for such services.
27.8. No complete card or bank details are accessible by RocketPhone.ai.
27.9. We reserve the right to refuse any new customer;
27.9.1. Not willing to pay by Debit Card, Credit Card or Direct Debit
27.9.2. Where our accounts team deems them not to be credit worthy.
27.9.3. Due to your conduct, such as abusive or threatening behaviour towards our staff
27.9.4. Where a link can be made to a previous account where there is an outstanding debt.
27.10. If your monthly direct debit or card payment fails we reserve the right to add a charge for payment failure/non payment of £5 to your account for every month where the payment failure/non payment occurs.
27.11. You will be notified of any problems with your payments via email. Arrears and/or unwillingness to maintain payment may result in your lines being restricted and in the immediate termination of your services.
27.12. RocketPhone.ai reserves the right to perform a credit check on you with no prior given notice, and to pass your credit history with RocketPhone.ai on to other credit agencies and or the County Court.
27.13. In the event that you wish to raise a complaint or dispute an invoice, you must contact one of our customer support team via email within 2 months from the date of the invoice. After such period, any undisputed invoice will be deemed correct.

28. Complaints
28.1. We endeavour to ensure that all of our users are happy with the level of service they receive from us. However, despite our best efforts, our reliance on other networks means that occasionally services have the potential to go wrong. We will always take customer complaints very seriously and aim to resolve them quickly, fairlyand efficiently. If you have a complaint about any part of our service, please contact our customer service team in the first instance (support@RocketPhone.ai) . After which you can escalate unresolved complaints to the Communications Ombudsmen services.

29. Warranties and Representations
29.1. Other than as expressly set out in this Agreement and to the greatest extent permitted by law, RocketPhone.ai Limited makes no representations or warranties with respect to the Services, or the performance of its obligations hereunder, and expressly excludes such representations and warranties, whether implied, statutory or otherwise to the maximum extent permitted by law.
29.2. In particular, but without prejudice to the generality, you acknowledge and accept that:
29.2.1. RocketPhone.ai make no warranty on up-time, response times, latency, meantime between failures, quality of services, and/or quality of voice or text or data communications. RocketPhone.ai expressly disclaim any warranty that the Services are appropriate for high-risk or other activities where failure of the Services could result inserious harm to persons or property.
29.2.2. Interruption and Errors. RocketPhone.ai makes no warranty that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. RocketPhone.ai is not responsible for messages or information lost or misdirected due to interruptions or fluctuations in the Service or the internet in general. RocketPhone.ai is not responsible for the content or functionality of any third-party network used in connection with the Services.
29.2.3. Accuracy and Reliability. RocketPhone.ai does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. You acknowledge that downloading, acquiring obtaining, in any way, any data or information through the use of the Services is at Your sole and exclusive risk and discretion and RocketPhone.ai will not be liable or responsible for any damage to You or Your property.
29.2.4. No Other Warranties. No advice or information, whether oral or written, obtained by You from RocketPhone.ai, its employees, resellers, partners, or affiliates or through or from the Services shall create any warranty not expressly stated in this Agreement.
29.2.5. No Guarantee of Security. Although reasonable effort is made to ensure that voice and text and data transmissions are secure, RocketPhone.ai makes no guarantees of security.
29.2.6. Where Disclaimer Prohibited by Law. To the extent that RocketPhone.ai cannot disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law.
29.3. RocketPhone.ai does not warrant that the Services will be available at any particular time or continuously; and
29.4. RocketPhone.ai is not responsible for any loss of or disruption to the Services due to failure of a carrier network or broadband provider.
29.5. You Warrant to us that:
29.5.1. You have the authority to enter into this Agreement; and
29.5.2. You will comply with any legal and regulatory requirements applicable to the Services provided under this Agreement

30. Assignment
30.1. You may not transfer, assign, charge or otherwise dispose of these Customer Terms or any of your rights or obligations arising hereunder, without our prior written consent.
30.2. We may transfer, assign, charge, sub-contract or otherwise dispose of these Customer Terms, or any of our rights or obligations arising hereunder, at any time.

31. Credit Limit & Financial Security
31.1. You acknowledge that RocketPhone.ai may impose a credit limit on your account to restrict the total overage limit allowable at any one time. If the credit limit is breached, RocketPhone.ai may suspend access to services without prior notice.
31.2. RocketPhone.ai shall have no obligation to provide access to the Communications network or provide the services beyond the credit limit. RocketPhone.ai may review the credit limit at any time and at its sole discretion. RocketPhone.ai may, but shall not be obligated to, raise or reduce the credit limit based upon periodic reviews of your account.  

32. Contract Term & sign up
32.1. All services are subject to a minimum term of 12 months. Services cancelled prior to the end of the term will be subject to RocketPhone.ai’s early termination policy.
32.2. A signed contract is required before we can activate your services. ID and proof of address may also be requested and must be provided upon request. RocketPhone.ai reserve the right to perform a credit check before we can provide the services to you.
32.3. For payments via debit or credit cards, your first payment will be taken on the date we activate your services. If this payment fails we will be unable to activate your services until this payment has been received.
32.4. For payments via direct debit, we will initiate the collection on the date we activate your SIM. If the direct debit payment is not successful we will suspend your services until the initial payment has been received.
32.5. The initial payment will be a pro-rata payment which will cover the remainder of the days left in the month you are activating in. Your inclusive allowance (minutes, SMS, MMS and data) will also be pro-rated accordingly.
32.6. Future payments will then be due on the 1st of each month. We cannot change the monthly renewal date on these plans.

33. Roaming
33.1. You acknowledge that by roaming outside of the Home Zone you will be liablefor any and all charges incurred and that any minutes SMS, MMS or Data usage will not be in your inclusive bundle allowance
33.2. Voice calls made in the Home Country and in the Roam Like at Home Zone are billed per second. Calls made outside the Home Zone have a minimum call duration of 60 seconds and are billed in 60 second increments.
33.3. Countries included in the Roam Like at Home Zone are defined as follows; Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
33.4. When roaming outside the Roam Like at Home Zone Voice calls have a minimum call duration of 60 seconds and are billed in 60 second increments.
33.5. SMS messages are billed per SMS text message.
33.6. MMS messages are billed as 1 SMS plus Data charges for digital attachmentto the message and will be decremented from any existing Bundle
33.7. Data usages incurs a minimum unit of charge of 20kb.33.8. Roaming charges will be applied as per our current tariff guide.

34. Bundles
34.1. Definition. As used herein, the term “Bundle” shall mean a periodic allowance which may consist of one or many call minutes, SMS messages, MMS messages and (MB, GB or TB) of data that is available for an individual subscriber.
34.2. A bundle can be added to a subscriber where a subscriber has an ongoing monthly subscription for a service, and is only valid while that service is in place.
34.3. A bundle will include calls and messages to standard landline and mobile network numbers. Calls and messages to special services or premium numbers are excluded from bundles. A bundle may also include an allowance for data usage on the mobile network. Roaming services are excluded from the bundle.
34.4. RocketPhone.ai may exclude from any Bundle allowance any calls or messages which it reasonably believes are being used for forwarding services, onward calling services or numbers that pay a revenue share.
34.5. Bundles are designed and priced to allow customers to manage their usage and monthly spend but are not designed for subscribers to use exactly the bundle amounts in every month of the Bundle contract.
34.6. RocketPhone.ai reserves the right to terminate Bundles for subscribers who consistently use the exact amount of the Bundle allowance (to the nearest 0.5%) for calls, SMS, MMS or data in more than three consecutive months. For Bundles that do not contain a specified Bundle allowance, i.e. where the service is referred to as unlimited, the allowance shall be 2,000 voice minutes, and 1,000 text messages (including MMS messages) in any one billing period. RocketPhone.ai reserves the right to charge for usage at out of Bundle rates after these usage thresholds have been exceeded.
34.7. A bundle cannot be shared between subscribers. A bundle that is applicable to our mobile service is for usage by a single device containing a RocketPhone.ai SIM card, and may not be shared across multiple connected devices. Where a twinning service has been added, you may use the allowance on one other twinned IP device from our approved list of compatible handsets.
34.8. The usage allowance for a Bundle does not rollover to the following month and cannot be spread across months. Bundle allowances are per calendar month, are reset each month and are calculated on a month by month basis.
34.9. All bundles have a minimum Initial Term of 12 months which begins on the date that RocketPhone.ai first activates the Bundle and runs to the termination date. The term will automatically renew for successive periods of one month each until you provide RocketPhone.ai with written notice of non-renewal in accordance with this schedule. Expiration of the Initial term or termination of the Bundle does not excuse you from paying all unpaid, accrued charges due.
34.10. If you wish to terminate the Bundle prior to the end of the Initial Term, you will be responsible for any and all charges for the remainder of the contract term, all of which shall immediately become due and payable. Early termination discounts are not available. Non payment, direct debit cancellation and requests to port numbers away will not in any way release you from your obligation to the terms of the Bundle.
34.11. Bundles may not be downgraded (switched to a lower cost or shorter term Bundle) within the Initial term but may be at RocketPhone.ai’s’ discretion upgraded within the Initial term. An upgrade to a Bundle, for instance to a larger inclusive allowance, cannot be applied retrospectively in any given month and will only be applicable to the next monthly cycle. If a Bundle is upgraded, you will be required to enter into a new agreement for a Bundle, a new Initial Term will commence on the date of activation of the new Bundle agreement. RocketPhone.ai may, but shall not be required to, waive disconnection fees or early termination fees if you enter into a new agreement for a comparable or upgraded service.
34.12. RocketPhone.ai reserves the right to discontinue the Bundle, without incurring any liability, immediately upon written notice if (a) any invoice charges remain outstanding after the date payment for such charges is due; (b) you fail to comply with any terms of the agreement. The discontinuance of Services pursuant to these provisions does not relieve you of any obligation to pay for charges due and owing for Services supplied up to the time of termination or in respect of any disconnection fees or early termination fees.
34.13. Bundles are charged as a monthly cost per subscriber for an inclusive fee to use a prescribed allowance of call minutes, SMS or MMS messages and data volume within each calendar month. In each calendar month only the inclusive allowance for that Bundle is free of charge. Any usage over the total allowance is classified as out of Bundle usage and is charged at a separate, out of Bundle rate. Any part of the allowance that is unused at the end of the month is lost and cannot be transferred in any way nor carried forward into a future month nor refunded or credited. Charges for a Bundle and any out of Bundle usage will be invoiced and appear on your monthly bill in in the normal way and the charge for the Bundle will be billed in advance for the coming month, while any out of Bundle usage calculated during the billing cycle will be billed in arrears.
34.14. In each month for which a valid Bundle was subscribed, RocketPhone.ai calculates the usage of the Bundle by decrementing each individual item of usage (call, SMS, MMS or data session) from the total allowance for the Bundle. All calls will be rounded up to the nearest minute for the purposes of calculating both in Bundle and out of Bundle usage. Text messages that are longer than 155 characters (a single standard SMS less its control characters) will count as more than one message for the purposes of calculating Bundle usage. Data usage will be calculated to the nearest 20KB of each data session for the purposes of calculating Bundle usage.
34.15. A Bundle allowance becomes usable only on the day that RocketPhone.ai activates it, and may not be pre-ordered, pre-activated, delayed, deferred or back-dated in any way. A Bundle becomes chargeable immediately when it is activated and will then run for its full term. You will be invoiced from the first day of the Bundle activation. When adding additional SIMs to an active account, a bundle may start from any date and any day in the month but will be aligned to your normal billing cycle by use of pro-rated charging in the first and last months of charging. Where RocketPhone.ai prorates the charge for a Bundle, RocketPhone.ai will also pro-rata the allowance contained in the Bundle for any prorated month.
34.16. Each Bundle is offered on an uncapped basis. The system will check your usage hourly and automatically send out any appropriate alerts for your usage. RocketPhone.ai will not be held responsible for any overages incurred during the time between when the system performs these hourly checks or for any non delivery of alerts. Any overage incurred during this time will be billable. RocketPhone.ai may impose a credit limit on your account to prevent fraudulent use, this is designed to reduce risk for RocketPhone.ai providing the services and is not intended to be used as a balance control method.
34.17. Bundles will only be made available to customers with a valid and active regular method of payment. Payment for a Bundle shall be deemed to be made only when cleared funds have been received by us and our bank account credited. No termination of the Bundle shall relieve you from paying any amounts due hereunder.
34.18. If at any time you fail to make a payment within the normal payment terms defined by the agreement and schedule, in addition to any other remedies available under law, RocketPhone.ai may suspend or terminate your Service and/or Bundle without prior notice. If any charges are due but remain unpaid for any reason at any point, we may charge you interest under our standard terms. RocketPhone.ai reserve the right to charge an admin fee for any late payments.
34.19. RocketPhone.ai reserves the right to replace, amend or withdraw at any time; any of the Bundle products (in whole or in part); the charges for a Bundle; the out of Bundle charges; the inclusive allowances of a Bundle; or these terms. RocketPhone.ai will send notices to the registered email address on your account and will give at least 30 day’s notice if it deems such changes to be materially adverse. If you continue to use this Bundle after the date on which the change comes into effect, such use of the Bundle shall constitute agreement to the changed terms. If RocketPhone.ai increases any Bundle charges you are liable for these under this agreement.
34.20. Notwithstanding the above, RocketPhone.ai reserves the right to make any changes to the Bundle which are required to conform to any applicable safety or other legal or statutory requirements or which do not materially after their quality or performance. Such changes shall not entitle you to cancel the Bundle without incurring applicable fees as per our early termination policy, regardless of whether such changes are materially adverse to you.

35. Availability and Support
35.1. Support will be provided by email using our ticketing system. To raise a query or support request you must email support@RocketPhone.ai and all correspondence will be via email. Support cannot be provided via telephone or live chat.
35.2. For Enterprise accounts, telephone support is provided and SLA’s for these accounts will be negotiated on an individual contract basis.

36. Dialling restrictions
36.1. You can apply to have these blocks removed by emailing our support team at support@RocketPhone.ai Removal of these blocks and restrictions is entirely at our discretion and is based on a range of factors such as;
36.1.1. Credit Check
36.1.2. Behaviour prior to requesting blocks removed
36.1.3. Company status
36.1.4. The cost of the international numbers you intend to call

37. Payment
37.1. Customers will be given the option to pay via debit or credit card or direct debit.
37.2. Payments made by direct debit are covered by the Direct Debit Guarantee;
37.2.3. If you receive a refund you are not entitled to, you must pay it back immediately when we ask you to.
37.2.4. You can cancel a direct debit at any time by writing to your bank or building Society. Please also send a copy of your letter to us.
37.2.5. Cancellation of your direct debit does not constitute cancellation of your contract or services – if you wish to terminate you services with us you will need to do so in accordance with our cancellation procedure.
37.3. No full card or bank details are accessible by RocketPhone.ai.
37.4. Non payment of amounts due during the initial term will result in termination of your services, the full remaining amount of the contract term would then be due immediately and would be passed onto a third party debt collection agency who will add the maximum statutory fees for late payments under the Late commercial payments act.

38. Termination of services
38.1. If you wish to terminate the services prior to the end of the Initial 12 month Term, you will be responsible for any and all charges for the remainder of the contract term, all of which shall immediately become due and payable. Early termination discounts are not available. Failure to pay the full Initial period will result in the outstanding balance being passed over to a third party debt collection agency and will affect your credit score.
38.2. If you wish to cancel outside of your initial term, please email support@RocketPhone.ai who will then issue you with your final bill and a termination date.
38.3. Request to cancel your services must be received via email from the registered email address on your account and sent to support@RocketPhone.ai. Cancellation requests can not be accepted via telephone or live chat.