Background to terms of service

Pebbletree Limited and Goldfish.ie provide communication services, generally to other businesses. Quvu is owned and managed by PebbleTree Ltd; a UK registered and privately owned company. Goldfish.ie is an Irish partnership between Gordon O’Neill and Pebbletree LTD. Depending on your country of origin, you will be told which will provide your services (The Provider). Generally, Pebbletree Ltd provides services to UK-Based businesses, and Goldfish.ie provides services to Ireland. The following terms and conditions apply to both Pebbletree and Goldfish.ie (The Providers) customers.

We, The Providers, want to ensure that our customers have the best possible experience. We reserve the right to suspend or cancel customer’s access to any of our services, if we decide that an account has been inappropriately used or in the event that the use of an account is adversely affecting the service provided to our customers as a whole.

Our company is constantly evolving; therefore, we reserve the right to change our Terms and Conditions when necessary. It is the subscriber’s responsibility to ensure that they are up to date with our Terms and Conditions. However, we will notify customers of any important changes we feel they need to be aware of. By signing up to any of our services customers agree to be bound to all of our Terms and Conditions.

The terms and conditions are set out below. If you have any queries please don’t hesitate to Contact us

1. Introduction
The Providers, including subsidiaries and affiliates, provide the information contained on this website or any of the pages comprising the website to visitors. Subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither The Providers, nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the website. The Providers reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

3. Trade Marks
The trade marks, names, logos and service marks displayed on this website are registered and unregistered trade marks of The Providers . Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of The Providers.

4. External Links
External links may be provided for your convenience, but they are beyond the control of The Providers and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.

5. Service Availability
5.1 We shall use our reasonable endeavor to make available to you at all times the Services but we shall not, in any event, be liable for interruptions of Services.
5.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
5.3 The Services provided to you here under and your account with us cannot be transferred or used by anyone other than you or authorised personnel within your business.

6. Payment
6.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
6.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise The Provider to debit your account renewal fees from your card.
6.3 All payments must be in UK Pounds Sterling (for Pebbletree Ltd), or Euros (for Goldfish.ie).
6.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
6.5 This clause has been deleted
6.6 If an account goes unpaid for at least ten days, the account and its associated services are suspended.
6.7 Once an account has a suspended status, Access to services is explicitly denied. Any numbering assigned to you will be retained on your account
6.8 After ten days, you will be issued with a final reminder, failure to clear your account within a further 20 days may result in your account being closed and access to any numbering or services lost
6.9 In the event of account suspension or account closure, we reserve the right to charge you a re-activation fee in order to recover our administration costs
6.10 As part of our process and for ongoing payment purposes, you agree to us retaining your credit card details when a payment is processed or a card added to your account.
6.11 In the event that an invoice goes unpaid for any service or order, we reserve the right to recover our payment from any payment method registered with us, regardless of which payment method the original invoice was billed under.

7. Termination
7.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.4 No refunds will be made for Services suspended in accordance with 7.1, 7.2 and 7.3.
7.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
7.6 You may cancel the Services at any time.
7.7 You may be entitled to a refund of fees paid with the exclusion of domain names should You decide to cancel the Services. You will not be entitled to a refund on this basis if you have previously had an account with The Providers. It may be necessary to withhold refund under the Money Back Guarantee Policy if the account has utilised excessive resources, this is at the sole discretion of The Provider.
7.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
7.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to suspend use of any numbers or services on your account.

8. Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

9. Warranties
The Providers make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

10. Disclaimer of Liability
The Providers shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of any of our services and the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither The Providers. nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

11. Use of the Website
The Providers do not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain and Ireland). By accessing the website, you warrant and represent to The Providers that you are legally entitled to do so and to make use of information made available via the website.

11.1 Use of the Forum
The forum is provided by us as a supplement to our technical support through other channels. Any advice given on the forum does not necessarily represent the views of The Providers.

Please be aware that any advice may or may not be relevant to your circumstances and that following advice on the forum is at your own risk. We accept no liability whatsoever for any outcome following advice taken from our forum pages.

All posts will be subject to review and may be removed or edited at our discretion. Use of the forum may be withheld from you at our discretion.

You may not post links to external sites using the forum.

11.2 Upload of content
Through various mechanisms, we may make available to you the ability to upload files and content to our systems. In uploading any content, you assert that you are the copyright owner for the content or that the content is classified as royalty free. Any violation of this clause will be considered grounds for termination of your service.

In any event, you agree to indemnify us against any claims against us by the copyright holder or any other party holding a legitimate interest.

12. Shipping and Returns Policy
All our prices and conditions of sales on any electronic goods and services are subject to change without notice. The Providers will make an effort to keep all information up-to-date.

12.1 Ordering, Shipping & Cancellation
In most cases, we will ship products that are in stock the same day if your order is placed Monday-Friday, before 3.00pm GMT. If you order is placed after 3.00pm, it will be shipped the next working day. You should receive your order the next working day after we ship it. The Provider will make an effort to meet expected delivery dates; however, there may be times where delays are inevitable.

We make every effort to ensure that our website has up-to-date information about product availability. If an item is not in stock, when you place an order, we will send you an e-mail advising you of when it will be available. However, if you wish to cancel the order at that stage you may do so. We will take appropriate steps to reimburse any payment you may have made in respect of the order.

Cancellation of orders may incur a cancellation fee. Please send us an email with your order number if you wish to cancel an order.

12.2 Returns & Refund
You have a right to return a product within 7 days of the delivery. The product must be unaltered, unopened and in resaleable condition. However, we regret that we cannot accept returns of any items where the packaging has been unsealed. Please send an email before returning any item to us and we will advise you the address to return the item to. You are responsible for any shipping costs when returning an item. You are only entitled to refund if the product is unaltered, unopened and in resaleable condition.

12.3 Warranty
Warranty on products is one year from the purchase date. Products carrying a longer warranty will be stated by The Provider. The warranty covers products in normal use and environments for electronic equipment. Warranty does not extent to improper use, acts of God, or war.

In no event will The Providers or their suppliers be liable to customers for any incidental, special, punitive, exemplary or consequential damage experienced by either the customer or any third party (including but not limited to loss of data or information, loss of profits, or loss of use).

Alteration to products by the customer will invalidate the warranty entirely, unless the alterations are authorised by your relevant Provider in writing.

12.4 Faulty goods
Please send us an email, if your product develops a fault. Please provide as much information as possible in your email. You must contact the relevant manufactures technical support service to confirm a fault. Please send us an email before returning any faulty goods and we will supply you with a returns address and a returns authorisation code.

12.5 Repairs
Products will be repaired or replaced after testing by one of our engineers, within the warranty period. The customer will be responsible for the shipping cost of the product from the customer to The Providers.

13. Domain names
.uk domain names registration is subject to Nominet’s Terms and Conditions

14. General
14.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and The Provider in relation to your use of the website. Neither you nor The Provider shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and The Provider in respect of your use of the website.

14.2 Alteration
The Providers may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

14.3 Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

14.4 Waiver
No indulgence or extension of time which either you or The Providers may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

14.5 Cession
The Providers shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

14.6 Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

14.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of England & Wales without giving effect to any principles of conflict of law. For agreements with Pebbletree Ltd, you hereby consent to the exclusive jurisdiction of the High Court of England & Wales in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. For agreements with Goldfish.ie, you hereby consent to the exclusive jurisdiction of the High Court of Ireland in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

14.8 Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

Talk to us on 03333 4455 90 for more information or to arrange a demo


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