Terms and Conditions

About these terms

These Terms and Conditions form the agreement between Smartvisual Ltd, trading through the HostedVoip4business service (“we”, “us” or “our”), and the business or person purchasing or using the service (“you” or “your”).

Smartvisual Ltd is registered in England and Wales under company number 04075614. Our registered office is:

By creating an account, accepting an order, starting a paid service or continuing to use the service, you agree to these terms together with any applicable order, pricing information, Fair Usage Policy, Privacy Policy and service-specific information presented during signup.

Definitions

The service

We will provide the services set out in your order, selected plan or account. These may include:

• hosted business voice services;
• geographic and non-geographic telephone numbers;
• desktop, mobile and browser-based applications;
• compatible desk phones, cordless phones, headsets or other equipment;
• call routing, voicemail, menus, hunt groups, recording and reporting features;
• number-porting assistance;
• account administration, billing and support.

Some functions depend on the plan selected, device compatibility, network availability, third-party services, licensing and configuration. Features may not be available in every location, on every device or with every number type.

Trial accounts

Our standard free trial lasts for 14 days unless a different period is expressly stated. No payment card is required for the standard trial.

The trial is provided to allow a genuine prospective customer to assess the service before purchase. It is normally limited to one trial per customer, business or associated organisation.

Trial access may have restricted features, numbers, destinations, usage or support. We may refuse, suspend or end a trial where we reasonably believe it is being misused, duplicated, used fraudulently or used for purposes other than genuine evaluation.

Trial services do not automatically guarantee continued availability of any temporary number, configuration or feature after the trial ends. A paid service must be activated to continue using the system.

Your responsibilities

You must:

• provide accurate, current and complete account, billing and contact information;
• keep administrator credentials, passwords and authentication details secure;
• ensure that only authorised users access the service;
• tell us promptly about suspected unauthorised access, fraud or misuse;
• provide identification, evidence and information reasonably required for service setup, numbering, porting, fraud prevention or regulatory compliance;
• use the service lawfully and in accordance with these terms;
• ensure your users understand and comply with the relevant obligations;
• maintain suitable internet access, local networking, power and compatible equipment;
• obtain any permissions or licences required for your use of call recording, monitoring, contact data, integrations or content.

You are responsible for activity carried out through your account, including charges incurred through users, devices, credentials, integrations or call routes under your control, except to the extent caused by our breach or negligence.

Telephone numbers

Telephone numbers are allocated and used subject to telecommunications regulation, availability and the rules of relevant communications providers.

You must not rely on a number until we confirm that it has been provisioned and is available in your account.

You do not acquire ownership of a telephone number. You receive a right to use it while the relevant service remains active and fees are paid. Numbers may be changed, withdrawn, reassigned or made unavailable where required by law, regulation, numbering rules or circumstances outside our reasonable control.

Some newly allocated numbers may be subject to a minimum active-service period before an outbound transfer is permitted. Any such restriction will be notified where applicable.

Number porting

Number porting depends on eligibility, accurate information, cooperation from the existing provider and the relevant porting process. We cannot guarantee that every number can be transferred or that a requested date will be achieved.

You must:

• provide complete and accurate account-holder, address, provider and number information;
• identify all numbers and services associated with the existing line or account;
• keep the existing service active until we confirm otherwise;
• not cancel or alter the existing service in a way that could cause the number to be lost;
• pay any applicable porting, resubmission or cancellation charges.

A rejected or delayed port does not by itself make us liable where the cause is incorrect information, the losing provider, regulation, third-party systems or another circumstance outside our reasonable control.

Charges and payment

Prices are exclusive of VAT unless expressly stated otherwise. Charges may include subscriptions, call usage, international or excluded destinations, numbers, porting, hardware, delivery, setup and additional features.

Displayed standard user pricing may be based on a minimum of two users. Single-user pricing may be higher and will be shown or confirmed during signup or quotation.

Paid services normally renew monthly unless a different billing period is shown. You authorise us and our payment providers to collect recurring fees and usage charges using the payment method registered to your account.

You must pay all undisputed sums when due. We may restrict or suspend services if payment fails or an account becomes overdue.

Call charges, where applicable, are calculated from service records and charged at the rates applying when the call is made. PAYG pricing and excluded destinations may change from time to time.

Fees already incurred, activated numbers, completed porting work, usage charges, customised services and supplied hardware are generally non-refundable except where required by law or expressly agreed by us.

If a payment is reversed, charged back or fraudulently disputed, we may suspend the service and recover reasonable costs resulting from the reversal.

Inclusive calls and fair use

Inclusive-call plans are intended for ordinary individual business use. Included destinations and any usage allowances are described in the selected plan or current pricing information.

Unless expressly included, premium-rate, special-service, directory, international, satellite, personal-number, machine-to-machine and certain virtual-network destinations may be charged separately or blocked.

The following are examples of use that may not be treated as legitimate inclusive use:

• reselling or sharing inclusive minutes between unrelated users or organisations;
• automated, sequential or artificial calling patterns;
• calls made primarily to generate revenue, rebates or financial benefit;
• unusually high or abnormal usage inconsistent with ordinary individual business communications;
• using a standard inclusive subscription for call-centre, dialler or high-volume telemarketing activity unless expressly agreed;
• fraudulent, abusive, unlawful or nuisance calling.

Where usage appears abnormal, we may investigate, require a more suitable plan, charge usage at applicable rates, restrict affected destinations or suspend the relevant service.

Availability, maintenance and resilience

Hosted VoIP depends on internet connectivity, electricity, local networking, devices, software and external telecommunications networks. The service is not guaranteed to be uninterrupted or error-free.

We may carry out maintenance, upgrades, security work and service changes. We will give reasonable advance notice of planned disruptive maintenance where possible. Urgent maintenance may be carried out without prior notice.

You are responsible for deciding which resilience measures your business requires. These may include:

• backup internet connectivity;
• mobile applications;
• call diversion or alternative numbers;
• uninterruptible power supplies;
• documented business-continuity arrangements.

Emergency calling

You must keep any emergency-service address information accurate and ensure users understand the limitations of VoIP emergency calling.

Where the service can be used from multiple or temporary locations, emergency services may not automatically receive the caller's current physical location. Users should be prepared to state their location clearly and should maintain an alternative method of making emergency calls, such as a mobile telephone.

Security, fraud and unauthorised use

You are responsible for protecting account credentials, devices, local networks, voicemail PINs, integrations and administrator access.

You must notify us immediately if you suspect compromise or unauthorised use. We may temporarily restrict calling, destinations, users or the entire account where necessary to protect you, us, other customers or communications networks.

You remain responsible for charges generated through compromised credentials or equipment where the compromise results from your systems, users or failure to take reasonable security precautions, except where caused by our breach or negligence.

Call recording, monitoring and data protection

Where you enable recording, monitoring, transcription, contact synchronisation or similar features, you are responsible for determining whether their use is lawful and appropriate.

You must provide any required notices and obtain any required permissions from employees, callers, customers and other affected individuals.

Personal information is handled in accordance with our Privacy Policy. Where we process recordings, contacts or communications content on your instructions, you are normally the data controller and we act as a processor or sub-processor as applicable.

Equipment, software and applications

Equipment supplied by us remains subject to the applicable quotation, order, warranty and payment terms. Title to purchased equipment passes only after payment in full.

Compatibility depends on model, firmware, configuration, licensing and network conditions. We do not guarantee that equipment obtained from another provider can be reused.

Applications and software may be updated, replaced or withdrawn. You must use supported versions and comply with any end-user licence terms presented by the software provider.

You must not reverse-engineer, resell, copy, modify or misuse software, configurations, documentation or intellectual property except where permitted by law or expressly authorised.

Changes to services, prices and terms

We may update features, pricing, call rates, these terms or related policies to reflect service developments, supplier or network changes, regulation, security requirements or business needs.

Where a change materially disadvantages an existing customer, we will provide reasonable notice where required and explain any relevant cancellation right.

Changes that are required urgently for security, legal, regulatory or network reasons may take effect sooner.

Suspension or restriction

We may suspend, restrict or refuse all or part of the service where reasonably necessary because:

• fees are overdue or payment has failed;
• the service is being used unlawfully, fraudulently, abusively or contrary to fair-use requirements;
• an account, device or network appears compromised;
• you fail to provide information required for legal, regulatory, numbering or fraud-prevention purposes;
• continued service creates a material risk to users, networks, suppliers or our business;
• a regulator, court, communications provider or public authority requires it;
• maintenance, emergency work or circumstances beyond our reasonable control make suspension necessary.

Where an issue can be remedied, we will normally give you a reasonable opportunity to correct it. We may act immediately where delay would create risk or breach a legal or regulatory requirement.

Cancellation and termination

After any stated Initial Period, either party may normally terminate a monthly service by giving at least 30 days' written notice, unless a different notice period is shown in the order.

We may terminate immediately or on shorter notice where you:

• materially breach these terms and fail to remedy the breach within a reasonable period after notice;
• fail to pay overdue sums after being asked to do so;
• use the service unlawfully, fraudulently or in a way that creates significant risk;
• become insolvent, cease trading or are unable to pay debts as they fall due.

On termination:

• your right to use the service ends;
• all unpaid fees and usage charges become due;
• telephone numbers may be withdrawn or released unless an outbound port has been properly arranged;
• data may be deleted in accordance with the Privacy Policy and applicable retention periods;
• you must return any loaned or rented equipment where applicable.

Do not cancel a service containing a number you wish to keep before an outbound port has completed.

Liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the paragraph above, we are not liable for indirect or consequential loss, loss of profit, revenue, contracts, anticipated savings, goodwill, business opportunity or data arising from use or unavailability of the service.

We are not responsible for failures caused by your internet connection, electricity supply, local network, equipment, users, credentials, third-party integrations, emergency-service location information or circumstances beyond our reasonable control.

Our total aggregate liability arising from the service in any 12-month period will not exceed the greater of:

• the fees paid or payable by you for the affected service during that 12-month period; or
• £5,000.

This limitation applies to the fullest extent permitted by law.

Confidentiality

Each party must protect confidential information received from the other and use it only for the purposes of performing the agreement.

Confidential information may be disclosed to employees, professional advisers, contractors and service providers who need it for those purposes and who are subject to suitable confidentiality obligations, or where disclosure is required by law, court order or a competent authority.

General terms

Intellectual property

All intellectual property rights in the service, software, documentation, website and branding remain owned by us or our licensors. You receive only the limited right to use them for the service during the agreement.

Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including network failure, cyberattack, power failure, natural disaster, industrial action, government action or failure of a critical third-party network.

Assignment

You may not transfer the agreement without our written consent. We may transfer it as part of a business reorganisation, sale, financing arrangement or transfer to an associated company or successor, provided this does not materially reduce your rights.

Entire agreement

These terms, the applicable order and referenced policies form the entire agreement relating to the service and replace prior discussions or representations about the same subject.

Severability and waiver

If part of these terms is unenforceable, the remaining provisions continue in effect. A delay in enforcing a right does not waive that right.

Third-party rights

No person who is not a party to the agreement has a right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

Law and jurisdiction

These terms and any dispute arising from them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except where mandatory consumer law provides otherwise.

Notices and contact

Submit routine account, support and cancellation requests through our online contact form or through the customer account where the relevant option is available.

Send formal legal notices to us in writing at:

We may send notices to the email address registered to your account or display them within the customer dashboard. You are responsible for keeping your account contact details current.