everreach Terms of Service

Please read these terms very carefully before you use everreach. They’re important.

Summary

  • What is it? everreach is a phone service that provides you with a UK local ‘virtual’ or non-geographic national rate number (“virtual landline number”) and allows you manage your inbound calls on that number. For example, you can forward those calls to other telephone numbers on other networks, set up call menus and welcome greetings or take voicemails and send those voicemails to email (referred to in these Terms as the “everreach service”).
  • How much is it? You pay on a monthly subscription basis for a capped amount of minutes based on the plan that you choose. If you run out of minutes then you must upgrade to a higher plan. Your subscription will renew each month on the most recent plan that you have selected, until you cancel your subscription. Further details of plans are available on our website.
  • Can I change plan? You can upgrade or downgrade your plan at any time. Upgrades take effect immediately on a pro-rata basis (i.e. you will pay the difference and receive the difference in the plan for the remaining part of the month) whereas downgrades will apply from the start of your next billing month.
  • No long term contract: You are free to cancel the service at any time. If you cancel the service, it will end at the end of your current billing period. More details about cancelling the everreach service are set out in section 9.1 of these Terms.
  • What is it not? The everreach service is not a full telephone service. There are restrictions on how you can use the service. everreach allows you to receive inbound calls to your chosen virtual landline number, but there is no provision to make outbound calls using this number.
  • Where can I use it? everreach is only available to users in the UK, only offers certain UK numbers and there are restrictions on where the inbound calls can be redirected to. Additional details are in our FAQ.
  • What else should I know? Key information about the service is contained in our FAQ. You should read the website, the FAQ and these terms and conditions carefully to ensure that everreach is suitable for your purpose.
  • It may change: We may need to change the restrictions, features of the everreach service, and other aspects of the service from time to time. Some of these changes may impact your use of the everreach service. Where we can, we will try to tell you about major changes in advance, for example by email or on our Website.
  • It’s early days: everreach is a brand new service. Certain features of the everreach service may not yet be available (for example, our App), or they may be in testing or may not work reliably yet. We’d love to have you on board and we welcome your feedback on how to make the everreach service better.
  • Disclaimer: We can’t promise that the everreach service is free of inaccuracies, errors, bugs or interruptions. The everreach service is provided "as is" with no warranty, express or implied, of any kind. To the extent permitted by law, we expressly disclaim any and all warranties of fitness for purpose, availability, security and/or non-infringement. You use the everreach service at your own discretion and risk.
  • We recommend that you check that the everreach service is suitable for your use before you invest in advertising and marketing your everreach number in connection with your business. This is because we can’t be liable for the costs you incur in connection with joining or leaving the everreach service or changing your telephone number.

    1. Your agreement to use the everreach service

    1.1 The service (the “everreach service”) is provided to you by Voxygen Limited of 201 City Road, London , EC1V 1JN (registered in England and Wales under company number 7884976, with VAT number GB 778 6037 85) and is subject to the terms and conditions set out below (these “Terms”). Any materials and documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions of them (“Updates”) are licensed (not sold) to you by Voxygen Limited subject to these Terms.

    1.2 In these Terms:

  • “App” means an everreach mobile application from us, which provides information in respect of, and allows you to use, the everreach service, including any Updates to the App.
  • “Phone Number” means a UK local ‘virtual’ geographic or non-geographic national rate number that we allocate to you for use of the everreach service (including where you have chosen the Phone Number from a selection that we have offered to you).
  • “Website” means the website maintained by us which provides information in respect of, and allows you to use, the everreach service, including any Updates to the Website.
  • “everreach”, “we”, “us”, “our”, and similar means Voxygen Limited, 260 Bath Road, Slough, Berkshire, SL1 4DX, United Kingdom as the context requires; “you” or “your” means you, the person who has registered for the everreach service (or, if you are registering on behalf of a company, the company that you are registering for everreach) and is the licensee under these Terms.
  • the use of “including” or “for example” or similar expressions shall be construed as illustrative and shall not act to limit the sense of the surrounding words.
  • 2. Acceptance of the Terms

    2.1 In order to register for the everreach service you must first accept these Terms. These Terms are accepted by you when you click to accept or agree the Terms. You should print a copy of these Terms for your records. If you do not accept these Terms then you must not continue to sign up to the everreach service.

    3. Changes to the Terms

    3.1 We may make changes to these Terms from time to time. These changes may include changing, adding to, removing from or replacing these Terms. We will publish the updated Terms on the Website. Any changes will be effective when we publish them. We may notify you that we have published changes but we do not undertake to do so in a consistent manner or at all. Therefore, please do make sure that you read the Terms from time to time.

    3.2 You understand and agree that your express acceptance of the Terms or your continued use of the everreach service after the date of publication shall constitute your agreement to the updated Terms.

    3.3 If you do not agree with such amended Terms, you must immediately stop using the everreach service and cancel your subscription to the everreach service as set out in section 9.1 below.

    4. Licence

    4.1 Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable licence to use the everreach service subject to these Terms. We reserve all rights not expressly granted to you under these Terms.

    4.2 You may not and you agree not to (i) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party over the App, Website or everreach service, or (ii) use the App, Website or everreach service:

  • otherwise than as documented on our Website or instructed by us;
  • for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
  • to harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties;
  • in any way (such as recoding greeting messages) that may be considered sexually explicit, vulgar, profane, offensive or obscene, defamatory, slanderous, religiously or racially offensive or promoting hate towards individuals or groups;
  • in any way that breaches copyright, trademark, confidence, privacy or infringes the intellectual property rights of others;
  • to initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons.
  • If you do, without prejudice to any other right we may have under these Terms or otherwise, we may terminate your right to use the everreach service in accordance with section 9.2 below.

    5. Use of the everreach service

    5.1 From time to time, we may need to perform maintenance on or upgrade the everreach service, App or Website, which may result in suspension or degradation of the everreach service. If we can, we will try to publish the time and date of such suspension or limitation on the Website in advance. You will not be entitled to claim expenses or damages for such suspension or limitation of the use of the everreach service, App or Website.

    5.2 We are not the source of, do not have any control over, do not monitor and take no responsibility for the content of communications made using the everreach service, App or Website.

    5.3 We cannot guarantee that the everreach service, App or Website will always function in the way you expect or without disruptions, delay or errors. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any items over which we have no control.

    5.4 We may vary the functionality or other aspects of the everreach service, App or Website from time to time. If you do not agree with any such changes you may cancel your subscription in accordance with section 9.1 below.

    5.5 You acknowledge that you do not “own” the Phone Number and have no rights over it independent of your use of the everreach service. If you cancel your use of a particular Phone Number on the everreach service, we will no longer provide service to you on that Phone Number.

    5.6 We may at our discretion hold the Phone Number for a period of time in case you wish to use it again with the everreach service, but we do not guarantee that we will be able to do so (even if we have been able to do this previously).

    5.7 Occasionally we may need to:

  • change the Phone Number that we allocate to you, such as where requested to do so by a government authority or regulatory body or where we reasonably believe that the alteration will enhance your use of the everreach service. If we need to do so we try to let you know beforehand. If you do not agree with the change you can cancel your subscription in accordance with section 9.1 below.
  • temporarily suspend the everreach service (including for the avoidance of doubt any part of it), App or Website for operational or security reasons, in accordance with these Terms (for example, non-payment of Charges (as defined below)) or in an emergency; or
  • bar certain Phone Numbers from the everreach service, or prevent certain callers calling Phone Numbers allocated to the everreach service, on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer direct loss or otherwise reasonably deem it necessary to do so.
  • 5.8 In the event that you want to change your Phone Number please contact us. We reserve the right to refuse to allow you to change your Phone Number, for example where we consider that you have already requested excessive changes to your Phone Number.

    6. Your Obligations

    6.1 You must use the everreach service, App or Website in line with the laws and regulations of the location where you are using it.

    6.2 You may not do any of the things set out in section 4.2 above.

    6.3. You acknowledge and agree that:

  • From time to time, we may request information from you for the purpose of supplying the service to you. You shall ensure that any such information is complete, up-to-date and accurate.
  • You shall not resell or commercialise the everreach service, App or Website to any third party.
  • You will keep your log-in details, password and any PIN code issued for use with the everreach service, App or Website strictly confidential and will not disclose any of them to any third party for any purpose. They are personal to you; if you want to add another user to your plan you may do so as set out in section 13 below.
  • everreach is a service provided for businesses, and you will only use it in a manner consistent with your usual business activities.
  • 7. Proprietary Rights

    7.1 The everreach service, App and Website contain proprietary and confidential information that is protected by intellectual property laws and treaties.

    7.2 The content and compilation of content included on the everreach service, App or Website (excluding content submitted by you or other users of the everreach service, e.g. welcome greetings, voicemails (“User Submissions”)) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of everreach, its affiliates or licensors and are protected by United Kingdom and international copyright laws. Such copyright protected content cannot be reproduced without our express permission.

    7.3 We and/or our licensors retain exclusive ownership of the everreach service, App and Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with our intellectual property rights in the everreach service, App or Website.

    7.4 “everreach”, associated trademarks and logos are trademarks owned by Voxygen Limited and its associated companies. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or any of our related companies that appear on the everreach service, App or Website are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of our intellectual property (in whole or part) or that is confusingly similar thereto.

    7.5 You grant us a limited, non-exclusive, royalty free, sub-licensable licence to use the User Submissions in connection with providing the everreach services to you on these Terms. You warrant that you have the right to make available the User Submissions via the everreach service, and grant us the right to remove or alter or otherwise deal with the User Submissions where we have reasonable cause to do so (for example, where we believe that it is or may be necessary to comply with applicable law and regulation).

    8. Charges

    8.1 The everreach service is a paid service on a monthly subscription basis with no long term contract. You can choose your subscription term when you sign up, which will run from the date that you sign up for the billing period that you have chosen (“Billing Period”).

    8.2 You must pay charges for the services (“Charges”) in advance for each Billing Period, according to the plan that you have selected.

    8.3 In the event that we offer you a trial period of the everreach service (or any part of it) or any other offer, either at no cost or for reduced Charges, the Charges will be so waived or reduced only for that specified trial or offer period and shall automatically revert to full price once such trial or offer period has lapsed.

    8.4 The amount of the Charges will vary according to the plan and the Billing Period that you choose. Details of the Charges can be found by visiting our Website. Other Charges may apply to other services that you may ask us to perform and that we agree to perform from time to time; we will always agree such services and Charges with you in advance.

    8.5 We count your usage of the minutes of your plan where an inbound call is redirected via the everreach service to another number. There is a minimum deduction of one minute per each redirected call. After the first minute of each redirected call, we count each second of the call against your plan (rounded up to the nearest second). Calls that go to your everreach voicemail do not count against the limit of your plan.

    8.6 Unused portions of a plan (e.g. unused minutes) lapse at the end of each Billing Period and will not be rolled over into the next Billing Period. We may, but do not undertake to, notify you if you get close to the limit of your plan. If you exceed the limit of your plan we may suspend or limit some or all of the everreach service. We may sometimes allow a grace period (but we are not obliged to do so) and we may further suspend or limit some or all of the everreach service if you do not upgrade your plan within a certain time limit determined by us.

    8.7 When you sign up to the everreach service you will be asked to register your credit or debit card with our payment services provider, Worldpay. You irrevocably authorise us (via Worldpay) to take payment of the Charges on a recurring basis until your subscription to the everreach service is cancelled by you or terminated by us.

    8.8 Payment will be taken by our payment services provider from your registered credit or debit card. You must keep your registered credit or debit card details up to date, and ensure that your registered credit or debit card has enough funds to cover the cost of the expected payment transactions. Unless otherwise agreed in writing with us in advance, we do not accept payment of the Charges in any other manner.

    8.9 We may contact you if your card issuer refuses to authorise a recurring payment of Charges and you may need to contact your card provider for more information. We may re-attempt to take payment at any time. Repeated failure of your card issuer to authorise payment of Charges shall be deemed a material breach of these Terms by you.

    8.10 We are not responsible for any costs that you incur due to failed or delayed transactions or any costs or fees imposed on you by your card issuer as a result of or in connection with your payment of, or failure to pay, the Charges.

    8.11 No refunds of Charges are given for unused portions of plans or in respect of service outages, faults or malfunctions of the everreach service, App or Website.

    8.12 We may increase or decrease the Charges at any time (including the introduction of Charges for aspects of the everreach service previously provided at no extra cost). Such increases will apply to your next renewal of your plan unless we notify you otherwise by email. Where we increase the Charges significantly for elements of the everreach service that you are using, we will notify you beforehand by email.

    8.13 Without prejudice to any other remedy we have under these Terms or otherwise, we may suspend your access to or use of the everreach service (or any part of it) if you do not pay the Charges.

    8.14 All Charges listed on the Website are exclusive of value added tax, which shall be applied at the appropriate rate.

    9. Cancelling the everreach service

    9.1 You can cancel your subscription to the everreach service at any time by visiting our Website and clicking on the ‘cancel my subscription’ link in the Billing section. Your subscription will be cancelled and your everreach service will terminate at the end of your current Billing Period. You will be eligible to continue using the service for the Billing Period that you have already paid for. No refund will be issued for any remaining portion of a Billing Period that has already begun.

    9.2 We may terminate or suspend your use of the everreach service at any time:

  • if you are in breach of these Terms;
  • if you repeatedly fail to pay Charges due upon request (including any automatic request to your card provider by our payment services provider to authorise a charge to your credit or debit card);
  • if we suspect that you are using the evereach service, App or Website to break the law or infringe third party rights, or knowingly or negligently allowing such use;
  • if we suspect that you are using the evereach service, App and/or Website fraudulently, or knowingly or negligently allowing such use;
  • if we believe that you are making unreasonable or excessive use of the everreach service, App and/or Website (for example: usage of any free or unlimited element of the service that is considerably in excess of what we would expect of a typical user);
  • if any other user who has access to your plan, or whose plan you have access to as further described in section 13 below, does any of the above where applicable;
  • on thirty (30) days’ notice if we decide to cease offering the everreach service to you; or
  • immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or if required by any of our partners.
  • 9.3 We will effect such termination by preventing your access to the everreach service and/or emailing you to confirm such termination.

    9.4 Upon termination of the everreach service:

  • all licenses and rights to use the everreach service, App and/or Website shall immediately terminate;
  • the Phone Numbers that we have allocated to you will no longer operate;
  • you will immediately cease any and all use of the everreach service;
  • you will immediately cease all use of the Website (except those parts of the Website made generally available to the public) and the App, and delete any copies of the App you may have; and
  • you will make reasonable efforts to ensure that you no longer publicise or are no longer associated with the Phone Numbers, as we may make them available to other people.
  • 10. Exclusion of Warranties, Limitation of Liability and Indemnity

    10.1 For the purposes of this section 10, all references to ‘us’, ‘we’ or Voxygen Limited includes our parent and subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

    10.2 To the maximum extent permitted by law the everreach service, App and Website are provided “as is” and used at your sole risk with no warranties whatsoever; we do not make any warranties, claims or representations and expressly disclaim all such warranties, claims or representations of any kind, whether express, implied or statutory, with respect to the everreach service, App and Website including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. We do not represent or warrant that the everreach service, App and/or Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without degradation, nor do we warrant any connection to or transmission from the internet, or any quality of communications made or enabled through the everreach service.

    10.3 Notwithstanding any other terms, nothing in this these Terms shall exclude or restrict either our liability for:

  • death or personal injury caused by the other party’s negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability which cannot be so limited or excluded by applicable law.
  • 10.4 We will not be liable to you under or in connection with these Terms for or in connection with your use of the everreach service, App and/or Website whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, for:

  • any indirect, special, incidental or consequential loss or damages;
  • any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
  • any damage to or corruption of data (whether direct or indirect); or
  • any claim, damage or loss (whether direct or indirect) arising from or relating to any product or service provided by a third party under their own terms of service, any third party technology or any third party website.
  • 10.5 Our total liability to you under or in connection with these Terms, whether in contract, tort (including negligence) or any other theory of liability, shall not exceed in aggregate the greater of (i) the Charges paid by you, or (ii) the amount of one thousand Pounds Sterling, in all cases.

    10.6 You will indemnify and hold us harmless from and against all damages, claims, liability, loss, costs or expenses (including reasonable legal fees and costs) in connection with or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law or regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); or (iv) your User Submissions.

    11. Third Party Websites, Products and Services

    11.1 The App and/or Website may include hyperlinks to other third party websites. We’re not responsible for such third party websites or the availability of such websites and we don’t endorse any content or material on such third party websites, or goods or services provided by any third parties. Your use of each of these third party websites, goods or services is subject to the relevant terms and conditions of the provider of the same.

    11.2 Certain parts of the everreach service, App and/or Website may reply on third party products or services (such as internet networks) over which we have no control. You acknowledge that communication and data transfer over the internet (including emails) is not necessarily secure or guaranteed. We do not accept any liability in respect of email, third party websites, or products or services over which we have no control.

    12. Data Protection

    12.1 Please refer to our Privacy Policy which is accessible via our Website. By using the everreach service you consent to the processing of your personal data as set out in that Privacy Policy.

    12.2 For the avoidance of doubt, you authorise us to disclose any information about your use of the everreach service, including your call records and contents of your communications, including voicemails:

  • as set out in our Privacy Policy; and
  • where we are required to do so by law, or requested by any court of competent jurisdiction or by any law enforcement, regulatory or administrative body.
  • 13. Other Users

    13.1 As part of the everreach service you may have the ability to add other users to your plan. You must ensure that other individuals that you add are aware of and comply with these Terms, and the Privacy Policy, as they will apply to them too. You agree that if you add another user, you will be jointly responsible for their use of your plan in compliance with these Terms and the Privacy Policy. If you are agreeing to these Terms on behalf of a business, you agree that the business will be responsible for all users on your plan.

    13.2 You agree that if you ask us to add other users to your plan, those users will be able to see and control the information and functionality that you give them access to on your plan; and if you designate those users as “admin” users they will be able to see and control all information and functionality of the everreach service in respect of your plan.

    14. How To Contact Us

    14.1 To contact us in relation to the everreach service or these Terms, please contact us at support@everreach.co.uk.

    15. Miscellaneous

    15.1 These Terms constitute the entire agreement between you and Voxygen Limited in connection with and with respect to your use of the everreach service, App and/or Website. These Terms replace any prior agreements, terms or representations between you and us with respect to the everreach service, App and/or Website.

    15.2 Each party acknowledges that in entering into these Terms it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.

    15.3 A party’s only remedy in respect of the everreach services shall be for breach of contract as provided in these Terms.

    15.4 If any provision of these Terms (or part of them), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

    15.5 The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our rights or remedy. If we waive a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

    15.6 You may not assign these Terms or any rights or obligations contained in them. We may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

    15.7 Sections 10 to 15 of these Terms and any other provisions which are expressed or clearly intended to survive or operate in the event of termination shall survive termination of the Terms.

    15.8 You acknowledge and agree that if we are unable to provide the everreach service as a result of a force majeure event, we will not be in breach of any of our obligations towards you under these Terms. A force majeure event means any event beyond our control.

    15.9 The parties intend that a person who is not party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these Terms.

    15.10 The construction, validity and performance of these Terms and all non-contractual obligations arising from or connected with these Terms, shall be governed by English Law. Any action or proceeding brought to adjudicate any dispute related to or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

    16. Referral Scheme

    16.1 everreach may offer you a referral credit scheme whereby you will be rewarded with credit against the cost of your everreach service (“Referral Credit”) for introducing qualifying new users to the everreach service. The rules and operation of such scheme will be as reasonably determined by everreach from time to time and may change with or without notice.

    16.2 Referral Credits are not consideration. You agree that any such Referral Credit is awarded solely at our discretion, which may vary from time to time. Referral Credit will only be awarded for genuine new users who (i) join via the offers made available at specific referral codes or links allocated to you (and only where those users are tracked as having joined via such codes or links), (ii) are registered at a different address to you, (iii) have not previously held an everreach account, (iv) are not blocked, blacklisted or refused by everreach and have not been previously terminated, and (v) completes and pays for a full paid billing cycle (i.e. Referral Credit is not paid for trial periods). Referral Credits will not be paid for new users who use other offers (e.g. discounted subscription) unless specifically authorised in advance in writing by everreach.

    16.3 Referral Credit has no independent cash value and is recorded solely to be set off against your future everreach account balance whilst you continue to subscribe to the everreach service. Referral Credit is not available if your account is in arrears.

    16.4 We may suspend or remove you from the Referral Credit scheme at any time and without notice to you, if we cease to operate the everreach service or the Referral Credit scheme, if we believe that you are abusing the Referral Credit scheme, if we believe that you have provided false or misleading information, if we suspect that you are misusing the everreach service, if we believe that you have breached these Terms and Conditions, if we receive a serious complaint about you (whether or not it is ultimately proven), if you have otherwise engaged in conduct which we believe may breach any law or regulation or bring everreach into disrepute, or if we have any other reason to do so (including change of business strategy). In such instance, everreach reserves the right to remove and void any or all of your accrued Referral Credit at its sole discretion.

    16.5 If you cease to be a subscriber to everreach, if you cancel your account, or if your account becomes inactive (at our discretion, including where you close your account or port your number out) your Referral Credit will be removed and voided. No ‘refund’ or cash alternative or equivalent payment of unused Referral Credit will be made in any circumstances.

    Last Updated: 28 August 2014