Having accepted these conditions and entered into an agreement with us you nevertheless have a 7 day cooling off period during which you can cancel the agreement. However, if you start to use the service before the expiry of the cooling off period you will lose your right to cancel.

1. We will connect the calls that you make using our service to the destination number indicated by the code that you dial. The service will also include any additional features that you select.

2. When we have accepted your order we will set up an account for you and let you know the account number and password.

3. We will provide the service with the reasonable skill and care of a competent telecommunications service provider. The service will be made available to you as soon as reasonably practicable after we have accepted your order.

4. We do not guarantee that the service will be fault free but we aim to ensure that any faults reported by you are repaired as soon as reasonably possible. Other than in an emergency situation, we will give you as much notice as possible that the service is to be suspended to enable us to carry out maintenance.

5. It is your responsibility to obtain and keep in force any authorisation necessary for you to use the service.

6. The service provided is only for personal use. Commercial use is prohibited.

7. You agree to comply with the laws and regulations of England and Wales or other applicable jurisdiction to assure that the service is

(a) not used in any way that directly or indirectly is in violation of governing Laws or regulations or

(b) is intended to be used for any purposes prohibited by the governing Laws and regulations, You undertake to refrain from using the services for illegal purposes, contrary to law and order and / or to the use for which the service is intended, and to never allow third parties to do so.

8. You are responsible for making sure that nobody uses the service in breach of paragraph 7 and in particular that the service is not used to make offensive, indecent, menacing, nuisance or hoax calls or for any other unlawful or fraudulent purpose. If a claim is made against us because the service has been misused you must reimburse to us any amounts we are obliged to pay as a result of such misuse.

9. You are responsible for maintaining the confidentiality of your password and account number and for all activities that occur using them. You must immediately inform us, by telephone, if you suspect that your password is being used without your consent. On receipt of such notification we will suspend the service and take such other action as we consider appropriate in the circumstances.

10. You must pay for the service in advance by making a payment into your account. Access to the service will only be available when there is money in your account. If the service we provide to you is used by someone else you must still pay our charges. You can pay money into your account using a debit or credit card account with one of the companies whose cards are displayed on our website. You must give us the details of that account before the service commences. You can view your usage on our website.

11. The charges for the service will be calculated in accordance with the rates published on our website from time to time. Charges for calls will be calculated in accordance with the details recorded by us, or on our behalf. In the event of a conflict between our call detail records and yours, our records will prevail. Calls will be recorded in seconds and rounded up to the nearest minute.

12. We may decrease our charges at any time. We will only increase our charges after the revised charges have been published for 7 days on our website.

13. Our charges are stated and must be paid in pounds sterling. Value Added Tax is already included in the charges shown.

14. If you dispute our charges you must notify us in writing, within 14 days of the date of the disputed charges appearing in your account section on our website and must provide all documentation reasonably requested by us to assist in resolving such dispute. If the dispute is resolved in your favour we will credit your account with the relevant amount.

15. We will not be liable for non-performance or delayed performance if caused solely by an event of Force Majeure ie severe weather disruptions, national or local emergency. Each Party will promptly notify the other if it becomes aware of an event of Force Majeure that will cause such non-performance or significantly delay performance. In the event that such non-performance or delayed performance continues for more than two (2) months, either Party may by giving notice in writing to the other terminate the agreement for services that are affected by such event of Force Majeure forthwith.

16. Limitation Of Liability

I. This clause Fone 2's total liability to Customer arising out of or in connection with this Agreement whether under contract, tort, statute or otherwise and all other liability of Fone 2 to Customer is, subject to clause 2, hereby excluded.

II. Nothing in this Agreement shall be interpreted as excluding or limiting either Party’s liability for: (i) death or personal injury to the extent that such injury results from the negligence of a Party, its employees, agents or subcontractors; (ii) any breach of undertaking as to title, quiet possession and freedom from encumbrance implied by law; or (iii) fraudulent misrepresentation.

III. Subject always to clause 2, Fone 2’s total liability for damages under this Agreement with respect to any and all claims will not exceed 100% of the amount of minutes used under this Agreement in the twelve (12) months preceding the claim(s) including attorneys’ fees and costs related to such claim(s).

IV. In no event will Fone 2 be liable, whether under contract, tort, statute or otherwise, for any incidental, special, indirect or consequential loss or damage including, but not limited to, any:

(i) loss of use or downtime; and/or

(ii) loss of profits, savings or revenues; and/or

(iii) loss of goodwill; and/or

(iv) loss of business; and/or

(v) loss or damage or destruction of data.

For the avoidance of doubt, none of the types of loss referred to in clauses 4(i) to (v) inclusive shall constitute direct loss for the purposes of this Agreement

19. In the event of the invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for such invalid provision a valid provision which most closely approximates the intent and economic and legal effect of the invalid provision.

20. The agreement may be terminated at any time by either of us giving the other 7 days' notice.

21. Except as expressly permitted in this agreement, if we wish to vary this agreement, we will give you at least 7 days' notice of any changes by publishing them on our website.

22. We may transfer our rights under this agreement to a third party. Save as expressly stated in this agreement, this agreement is not intended to be for the benefit of and will not be enforceable by any person who is not named, at the date of this agreement, as a party to this agreement.

23. If we need to contact you, or serve notice on you, we will use your billing address or your e-mail address. You should contact us using the contact details of the Customer Service Team on this website. You can also use those contact details to serve notice on us.

24. This Agreement is written in the English language and Customer acknowledges that it understands the same. If this Agreement is translated, the English language text shall prevail. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the English courts

Fone2 is a trading name of QiComm Limited, registered in England No. 5422551. Our registered office and main place of business is at Network House, 15 High Street, Hampton Hill, Middlesex, TW12 1NB, England.