Go Landline - General Terms and Conditions
Who we are
You are entering into these Conditions with Nebula Cloud Limited, a company incorporated in England, with company number 09687883 and a registered office address at Unit 4 Riverside Business Park, Walnut Tree Close, Guildford, GU1 4UG, trading as Go Landline (referred to as "Go Landline" / "We" / "Us" / "Our").
Your acceptance
By clicking the "Continue" button when You place Your order, or by Your continued use of our Services, You accept the following terms and conditions (together the "Conditions"), which set out the terms under which We will provide the Services to You and which bind You for as long as You use the Services:
1. Definitions
The definitions and rules of interpretation in this condition apply in the Conditions:
"Account Details" means the details that You give to Us when You create an account with Us.
"Billing Period" means each period of one month, the first beginning on the date Your Services start and each subsequent period beginning on the monthly anniversary of that date (or, where a month has no corresponding date, on the last day of that month).
"Chargeback" means a situation where We have initially received payment from You, but that payment has been subsequently rejected by You or Your credit or debit card issuer and the payment sums are returned to You.
"Communications Regulator" means a government regulator responsible for Phone Numbers and/or Voice Service provision.
"Consumer" means an individual who is acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.
"Contract" means the contract between You and Us formed when You click the "Continue" button when placing Your order for the Services, under which the Conditions bind You for as long as You use the Services.
"Dashboard" means the Dashboard provided by Us in the "My Account" area at https://www.golandline.com that allows You to manage your Services.
"Fees" means Our fees as set out at: https://www.golandline.com.
"Geographic Phone Numbers" means any phone number available for sale at https://www.golandline.com under the heading of Geographic Phone Number for a Fee or for inclusion in your monthly plan with Us.
"Intellectual Property Rights" means all patents, copyright and related rights, trademarks, service marks, moral rights, rights in confidential information and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.
"Non-Geographic Phone Numbers" means any phone number that is available for sale at https://www.golandline.com under the heading of Non-Geographic Phone Number for a Fee or for inclusion in your monthly plan with Us.
"Office Hours" means 8am to 6pm (UK time), Monday to Sunday.
"Phone Numbers" means Geographic Phone Numbers and Non-Geographic Phone Numbers provisioned and accessible on the public telephone network.
"Renewal" means the automatic renewal of the Services at the start of each Billing Period.
"Renewal Fee" means Our fees as set out at: https://www.golandline.com.
"Sales Tax" means a consumption tax charged at the point of purchase for goods and services.
"Services" means the services set out in clause 2.1 as amended from time to time.
"Voice Service" means the provision of a platform to allow audio conversations across a public or private connection.
"You" or "Your" means the person or business entity who is entering into this Contract with Us and who the Services will be provided to.
Headings in these conditions shall not affect their interpretation.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
Words in the singular include the plural and in the plural include the singular.
A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. Provision of Services
We will provide to You the following Services in accordance with the Conditions, which shall include (but shall not be limited to):
purchase of Geographic Phone Numbers and Non-Geographic Phone Numbers;
provision of Voice Services;
processing the Renewal;
providing a Dashboard to allow You to manage all elements and features of the Services;
providing support for the Services during Office Hours; and
providing relevant infrastructure maintenance and upgrades at Our sole discretion and without a requirement on Us to give notice to You of such maintenance or upgrades.
Without prejudice to Our other rights and remedies, We may at Our sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
an event of Force Majeure as set out in clause 9.3.1;
upgrade or maintenance of Our systems, but We will restore the provision of the affected Services as soon as reasonably practicable following the suspension;
the issue by any court of competent jurisdiction or other competent authority of an order which is binding on Us which has the effect of suspending Our Services; or
if You fail to pay any Fees or any other sums owing by You to Us when they fall due.
To the fullest extent permitted by law and save as provided elsewhere in the Conditions, the Services are provided by Us on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind is given that the Services will be provided on an uninterrupted, timely, secure or error-free basis.
2.4 Fair use of inbound calls
Your plan includes unlimited received (inbound) calls, subject to a fair use allowance of 1,000 inbound minutes per Billing Period. This allowance is designed only to prevent excessive or anomalous use: it is many times the typical usage of Our customers, and the overwhelming majority of customers will never be affected by it.
If Your inbound usage exceeds, or is likely to exceed, the fair use allowance, We may contact You to discuss Your usage and, where appropriate, recommend a plan or another of Our services better suited to Your needs.
If Your genuine usage repeatedly exceeds the fair use allowance and You do not wish to move to a more suitable plan or service, We may terminate the Contract by giving You notice, with termination taking effect at the end of Your then-current Billing Period.
If We reasonably believe Your usage is not consistent with ordinary business use of a single phone line (for example, use as a call centre, call forwarding at scale, or automated or artificially generated traffic), We may restrict or suspend the affected Services immediately. Nothing in this clause 2.4 affects Our rights under clauses 3.1.6, 3.1.7 or 8.3, which apply independently.
3. Your Obligations
You shall:
notify Us immediately if You know or have reason to suspect that there has been any unauthorised use of the Services;
notify Us immediately if You know or have reason to suspect that there is or may be any court proceedings or other proceedings (including but without limitation any complaint, proceedings or similar) which involve the Services we provide you with;
ensure that We have Your correct name, postal address, phone and email information and credit and/or debit card details at all times;
provide identification, documentary evidence and information that We reasonably require in order to be able to carry out the Services and You agree that We may keep copies of any identification and documentary evidence on Our files for the purposes of providing and maintaining the Services;
notify Us of the authorised representatives whose instructions We may accept on Your behalf;
not use, or allow anyone else to use, the Services:
for any unlawful purpose; or
to create, store, send, publish, link to or otherwise make available any material that is unlawful, infringes the rights (including Intellectual Property Rights) of any third party, is obscene, threatening, abusive, harassing, defamatory, malicious or harmful, encourages criminal activity, or contains any virus or other harmful code,
in each case under the laws of England and Wales, the laws of Your country, or the laws of any other place where the Services are used or the material can be accessed;
not use, or allow anyone else to use, the Services in breach of any applicable law, regulation or industry code of practice (including those issued by Ofcom), including by:
making nuisance, silent, abandoned, malicious or fraudulent calls, or sending unsolicited marketing calls or messages that do not comply with applicable law;
displaying a caller ID (CLI) that You are not authorised to use, or otherwise impersonating any person or organisation; or
generating artificial or fraudulent call traffic; and
not use Our name, logos or trade marks, or suggest that You are acting on Our behalf or with Our endorsement, without Our prior written consent.
You agree and acknowledge that:
We are under no obligation to provide or continue to provide our Services to you;
We have made no representations or warranties to You as to the availability of our Services;
in the event of a Chargeback by Your credit card company or other credit institution We shall have the immediate right at Our sole discretion to suspend provision of the Services. Where We exercise Our right under this clause 3.2.3, the Services will be reinstated upon payment by You to Us of any outstanding Fees and a Chargeback administration fee of 25.00 GBP;
the provision of our Services shall only be provided to You on the strict basis that You consent to the processing of Your data as stated in Our Privacy Policy; and
You will abide by the Communications Act 2003 and Ofcom's guidance on the provision of Calling Line Identification facilities, as updated from time to time.
4. Warranties
By entering into this Contract You warrant that:
all the identity, contact and credit and/or debit card information supplied to Us by You in accordance with provision of Our Services is correct, current and complete;
all passwords or any other identifiers that You use in connection with the Services will at all times be kept confidential, used properly and will not be disclosed to any unauthorised person;
any activity carried out in connection with the Services which requires the use of passwords or other identifiers will be carried out by You or someone authorised to act on Your behalf;
You accept full liability for all actions done, charges incurred and losses suffered by You for any activity carried out in connection with the Services which requires the use of Your passwords or other identifiers, whether carried out with Your authorisation or not;
You have all necessary permissions, licenses and consents to use the Services and that You will not infringe any Intellectual Property Rights of any other person or entity;
You will obtain all necessary permissions, licenses and consents that may be or are required from time to time to enable Us to provide You with Services; and
You will not use the Services to make statements about Us that You know to be false or misleading.
5. Indemnity
You will fully indemnify and keep Us and Our officers, partners, employees and agents fully indemnified against all liabilities, costs, claims, expenses, demands, damages, penalties and losses (including professional costs and expenses) whether directly or indirectly suffered or incurred by Us arising out of or connected with:
Your breach of the Contract; or
Your breach of any warranty given in clause 4; or
any use or misuse of the Services as a result of or attributable to Your actions.
6. Fees and Payment
Any sums payable by You to Us under this Contract are exclusive of VAT or any other Sales Tax and shall be made in the currency stated at https://www.golandline.com.
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.
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.
We may at Our discretion retain ownership of the Services until all Fees and sums owed to Us by You have been received in full and cleared funds.
Where You authorise the payment of any Fees by credit and/or debit card, We may deduct other amounts becoming payable under this Contract under that credit and/or debit card without obtaining additional or further authorisation from You.
Where You have registered more than one credit and/or debit card with Us, We will take the Fees in the order of preference You designate to them in Your Dashboard.
Subject to clause 8.2, We will not provide credit notes or refunds.
7. Liability
Nothing in this Contract excludes or limits Our liability for death or personal injury caused by Our negligence or any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation by Us.
We will not be liable to You in contract, tort or otherwise, including negligence for any direct or indirect immediate or consequential loss, damage, costs, expenses or other claims arising out of or in connection with this Contract for:
loss of profit;
loss of business, contracts or revenue;
loss of expected savings or goodwill; or
loss of initial registration or use, or both (for whatever reason) of the Services.
Subject to clause 7.1 Our total liability to You, whether under these Conditions or otherwise, including liability for negligence, shall be no more than 1,000 GBP.
All conditions, warranties or other terms which might have effect between You and Us or be implied or incorporated into this Contract whether by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law, including without limitation any implied conditions or warranties.
If You are a Consumer, nothing in this Contract excludes or limits any liability, or affects any statutory rights, that cannot be excluded, limited or affected under applicable law, and clauses 7.2 to 7.4 apply only to the extent permitted by applicable law.
8. Termination
We will provide the Services to You on a rolling monthly basis. The Contract renews automatically at the start of each Billing Period and continues until terminated in accordance with this clause 8.
You may cancel the Contract at any time through Your Dashboard, without needing to give Us notice, and Your cancellation will be processed automatically. Cancellation takes effect at the end of Your then-current Billing Period: You will continue to have access to the Services until then, and You will not be charged after that. We do not refund charges for any part of a Billing Period.
We may suspend the Services or terminate the Contract by giving You written notice:
immediately, if You breach clause 3.1.7 or We reasonably suspect the Services are being used fraudulently or unlawfully;
if You commit any other material breach of the Contract and do not put it right within 14 days of Us asking You to; or
if You do not pay any charges when due and do not pay within 7 days of Us notifying You.
On termination of the Contract for any reason You agree that:
We shall have the right at Our sole discretion to delete Your account with Us, save that You may retain Your Phone Number by porting it to another provider. If You wish to retain Your Phone Number, You must email Us at help@golandline.com within 30 days of cancellation, in which case We will not delete Your Phone Number until the porting process has completed;
Your entitlement to use any of Our Services will immediately cease;
any and all of Your accrued and future rights, including rights in any accrued and future goodwill, in the Services shall immediately cease; and
You shall not have any title to or any licence to the whole or any part of the Service and full ownership and title shall immediately revert to Us.
9. General
9.1 Confidential Information
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 9.1.2.
Each party may disclose the other party's confidential information:
to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's obligations under this Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 9.1.2.1; and
as may be required by law, court order or any governmental or regulatory authority.
No party shall use any other party's confidential information for any purpose other than to perform its obligations under this Contract.
9.2 Intellectual Property
You acknowledge and agree that You will not own or acquire ownership of any Intellectual Property Rights in or relating to the Services other than those rights expressly granted by this Contract.
9.3 Force Majeure
Neither party shall have any liability under or be deemed to be in breach of this Contract for any delays or failures in performance of this Contract which result from circumstances beyond the reasonable control of that party (a "Force Majeure"). The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and of when they expect the circumstances to cease to do so. If such circumstances continue for a continuous period of more than 90 days, either party may terminate this Contract by written notice to the other party.
9.4 Data Protection
Any personal data that We obtain from You during the provision of the Services will be held by Us in accordance with Our Privacy Policy.
Without prejudice to Clause 9.4.1 You acknowledge and agree:
that any personal data that You provide to Us for the purposes of providing our Services will be provided to the Communications Regulator or such other regulatory or government authority as is required in order to provide your Services; and
that details of Your name, address and payment record may be submitted to a credit reference agency for the purposes of checking your credit worthiness.
9.5 Amendments
We have the right to amend this Contract at any time by giving You Notice (as defined below in clause 9.10). Any such Notice shall not take effect for 28 days. After the 28 day notice period has elapsed any amendments specified in the Notice shall take immediate effect.
You may request an amendment to this Contract by giving Us Notice in accordance with clause 9.10.2.
We reserve the right not to agree or incorporate into these terms and conditions any amendments that You may propose pursuant to clause 9.5.2.
9.6 Assignment
You may not, without Our prior written consent (such consent not to be unreasonably withheld), assign, transfer, mortgage, charge, declare a trust of or deal in any other manner with this Contract or any of the rights and obligations under or arising out of this Contract (or any document referred to in it), or purport to do any of the same. You may not subcontract or delegate in any manner any or all of Your obligations under this Contract to any third party or agent.
We may, at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of Our obligations or any benefit arising under or out of this Contract.
9.7 Entire Agreement
This Contract contains the whole agreement between the parties in respect of the subject matter of this Contract and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter. The parties confirm that they have not entered into this Contract on the basis of any representation that is not expressly incorporated into this Contract.
9.8 Waiver
No failure or delay by Us in exercising any right, power or privilege under this Contract shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law.
9.9 Severance
If any provision of this Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract, and shall not in any way affect any other circumstances of or the validity or enforcement of this Contract.
9.10 Notices
Any notice given by Us under this Contract shall be sent by email to the email address You have given Us in accordance with this Contract, and shall be deemed received at the time it is sent.
Any notice given by You under this Contract shall be sent by email to help@golandline.com, and shall be deemed received at the time it is sent. You do not need to give notice to cancel the Contract: cancellation is made through Your Dashboard in accordance with clause 8.2 and is processed automatically.
9.11 Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Contract, this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
9.12 Law and jurisdiction
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Contract or its subject matter.
