Terms and Conditions

Please read the Ophone Terms & Conditions carefully.

Definitions

1. Client means the person, partnership, or company in contract, or prospective contract with Bigwig.net trading as Ophone, or anyone with a personal number supplied by Bigwig.net trading as Ophone.
2. Contract means the agreement entered into by and between Bigwig.net trading as Ophone and the Client and is subject to the terms and conditions set out herein.
3. Company means Bigwig.net trading as Ophone.
4. The Company is Bigwig.net.
5. Ophone is Bigwig.net trading as Ophone.
6. Agreement means this agreement entered into by and between the client and Bigwig.net trading as Ophone and is subject to the terms set out herein.

Communication

The name of the Company, its symbol, or style, may not be used on, or in any publication without the approval of the Company.

Confidentiality

It is the client's responsibility to keep confidential their own username and password information when given. Ophone will not be held liable for damages resulting from unauthorized access to the client's user area.

General

1. The client shall use the Ophone service in a lawful, ethical and moral manner.
2. The client shall not in any way imply that he/she is an officer, owner, director, or partner of the Company.
3. Business, or private uses of Ophone personal numbers, or services that include advertising, or contain, or promote the following may not be undertaken by the client:
• Pornography
• Prostitution
• Illegal Drugs
• Alcohol
• Bad Language
• Lottery
• Gambling
Violation of the agreement with regard to these areas will result in immediate termination of your Ophone service without notice.

Transferring Ophone Numbers

All Ophone numbers currently in use are classed as Gold Numbers. The minimum rate charge is £100.00 + VAT per number to be transferred.

The Procedure for transferring an Ophone number to another company is as follows:
1. Provide name and details of holding company to be transferred to.
2. Payment of transfer to be received before release of numbers (Payments accepted either by cheque to Ophone, or by telephone to pay by credit card.)
3. Signed & dated document (original copy only, no photocopy or fax accepted) with the following details:
Full name & Address of company requesting the transfer
Full name & position of authorized signature

Upon receipt of documentation and payment Ophone will then transfer your number to another holding company as directed, subject to compatibility.

Termination

1. Without prejudice to their rights under the Agreement expressed, or implied, the Company shall have the right to terminate the Agreement in the event that the other party is in default either in observation of, or in performance of its obligations under the Agreement and in the case of rectifiable default fails to rectify the default within a reasonable time specified by the non-defaulting party in writing.
2. The Company may terminate your Ophone service by giving you 14 days notice, or if you are in breach of any of the terms of this appointment then, without notice.
3. The Company shall not bear any liability for any debts, or other sums incurred by the client during the term of this agreement or not. All of the terms and conditions contained herein are subject to alteration at any time without notice. It is the client's responsibility to ensure they are fully conversant with the terms and conditions by which they are bound.
4. Without prejudice to their rights under the Agreement expressed, or implied, the Company may terminate the Agreement in the event that a liquidator, trustee in bankruptcy, receiver, or administrator is appointed in respect of the assets and/or business of the client, or if the client is deemed insolvent according to the Insolvency Act 1986, or if any licence under which the client operates its business is revoked, amended, or ceases to be valid.

Limitation of Liability

Ophone disclaims any liability for damages arising from the use of this product, or any other damages, including (though not limited to) lost profits, special, incidental, or other claims, even if Ophone has been specifically advised of the possibility of such claims. Regardless of the form of the claim, the only liability Ophone will have to the client, or any other person will be limited to the amount actually paid for the product.

Miscellaneous

If any part, or provision of this agreement is found to be unenforceable, or void, the remainder shall be valid and enforceable. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages shall remain in effect.

Ophone terms and conditions, services and provision of service, are subject to change without notice.