These terms and conditions (“Conditions”) shall govern the agreement between Sipcentric Ltd. trading as Nimvelo ("Nimvelo", “us” or “we”) and the individual or organisation applying for the provision of the Goods or Services (“you”).
These Conditions take precedence if inconsistent with the material on our Website.
The Customer accepts that the service offered by Nimvelo is a Voice Over Data Network service, and as such, is dependent on the Customer's connection to the data network and the data network itself. The Customer's service may cease to function if there is a power failure or a failure in the data network.
999 / 112 Emergency Services and your Nimvelo service WILL NOT function during an electrical power or broadband provider outage, nor if your Nimvelo account has been suspended or terminated. It is therefore highly recommend that the Customer has an alternative means of contacting the Emergency Services such as a mobile phone or a traditional, wired phone plugged into the PSTN.
The Customer accepts that the location information passed to the emergency services will be restricted to the installation address of the primary line and that it is the Customers responsibility to notify Nimvelo of any changes to this address.
Subject to these Conditions, Nimvelo will provide to the Customer, the services described in the specific package of services chosen. Nimvelo shall take all due care in the provision and maintenance of the service(s) to provide quality and reliability. In the event of any failure or malfunction within our networks, Nimvelo shall correct any failure or malfunction as soon as is reasonably practical.
Security of Service
The Customer accepts total responsibility for the safety and security of their Nimvelo account and any equipment they may use to access the Nimvelo network and services. The Customer is required to instigate necessary safeguards to prevent unauthorised use of the Nimvelo network and services. The Customer also accepts responsibility for all persons using their username and password to access the service, whether authorised or not.
Nimvelo accepts no responsibility for any costs incurred by the Customer from unauthorised usage of the Customer's account.
Nimvelo reserves the right to check the security of the Customer's equipment in order to help identify possible security vulnerabilities or if they believe that its Conditions of use are not being followed.
Content of Information
Nimvelo undertakes no control, responsibility or liability whatsoever for the content of the information passing through its network. Nimvelo makes no effort to validate any information passing through its network for content, accuracy, usability or for any other reason.
Customer Conduct and Responsibility
Nimvelo will not tolerate bad language, verbal or threatening behaviour towards any of their staff or Officers under any circumstances. Nimvelo expects that their Customer Service representatives will act in a polite and courteous manor towards all customers, however, when faced with over demanding, threatening or abusive callers they are empowered to terminate calls and suspend a Customer’s account pending investigation.
Nimvelo reserves the right to determine what constitutes abuse of their staff or services.
Customers are required to keep their account in good order by logging in to their account on a regular basis via the Nimvelo website.
Customers using the system inappropriately or misusing the 999 or 112 services will be immediately suspended.
The Customer accepts and agrees to abide by the Nimvelo Usage Policy, a copy of which is available on our website.
Nimvelo reserves the right to periodically amend these Conditions and the Usage Policy and the Customer accepts they are bound by any such amendments. The Customer is required to periodically visit the Nimvelo website to review the Conditions and Usage Policy to ensure that the Customer is in full compliance.
In the event of any discrepancies between these Conditions and the Usage Policy, the terms of the Usage Policy shall prevail.
Fees and Payments
All fees for Services shall be in accordance with Nimvelo's price list available on their website. Nimvelo may, at any time amend the services and/or the rates and fees it charges.
Fees for renewal periods shall be due and owing immediately on the first day of such renewal period.
All Customers signing up for any Nimvelo service will be asked to read and agree to these Conditions before registration is completed.
When the Customer purchases monthly services or sets up auto top-up, the Customer understands that this will automatically grant Nimvelo continuous authority on that credit/debit card until such time as the service(s) or auto top-up are cancelled by the user.
In the event that Nimvelo are unable to take a continuous authority payment from the Customer’s credit/debit card then the Customer will be informed by email and will be prompted to update their payment card details in order for their services to continue.
If items remain unpaid after 5 working days, the services will be suspended until such time that all outstanding amounts have been cleared.
In the event that any amount due to Nimvelo remains unpaid after 30 days, Nimvelo, in its sole discretion, may immediately terminate this Agreement and any assets, including telephone numbers and calling credit will be irretrievably lost.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Nimvelo) shall be paid by the Customer.
All prices are exclusive of VAT which will be added at the appropriate rate
Calling Credit and Services.
Calling credits purchased will have a maximum validity of 12 months, after which time any unused amount will expire.
Any calling credit and any other assets left on an account that has been dormant for longer than 6 months will be deleted and is not refundable.
The Customer agrees to use all Nimvelo Services and facilities, and any information obtained through or from Nimvelo, at their own risk. The Customer further acknowledges and understands that neither Nimvelo, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Nimvelo specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing.
Warranty on equipment purchased via Nimvelo's website is one year from the purchase date. The warranty covers equipment in normal use and environments for electronic equipment and does not extend to improper use, acts of God, or war. Any unauthorised alterations to equipment will invalidate the warranty.
Nimvelo's equipment warranty is limited to repairing or replacing faulty equipment after testing by their engineers. The Customer is responsible for the cost of shipping any faulty items to Nimvelo.
Returns and Refunds
Any equipment purchased may be returned within 7 days of delivery providing it is unaltered, unopened and in re-saleable condition. Nimvelo cannot accept returns of any item where the packaging has been unsealed. The Customer is responsible for any shipping costs when returning an item. A refund will only be given if the product is unaltered, unopened and in resaleable condition.
Please contact us before returning any item to us and we will advise you the address to return the item to and provide you with an RMA code. Please do not send your item without first contacting us, as for security reasons we are unable to accept unexpected packages and your item will be returned undelivered.
No refunds will be given on cancellation for prepaid calling credits, or any of our monthly services.
Under no circumstances, including negligence, shall Nimvelo, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Nimvelo's records, programs or services.
The Customer shall defend, indemnify, save and hold Nimvelo harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter Liabilities) asserted against Nimvelo, its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.
This Agreement may be terminated by:
- The Customer, at any time, providing all amounts owing are paid in full and the Customer accepts that no refunds will be paid for part periods, both rental and calling credit.
- Nimvelo, at any time, upon 20 days prior notice if in the judgment of Nimvelo the Customer breaches any material provision of this Agreement and has not resolved same by the end of the 20 days.
- Nimvelo in the event of non-payment by the Customer as provided in 'Fees and Payments' above.
- Nimvelo, at any time, without notice, if, in Nimvelo's sole judgment, the Customer is in violation of any terms or conditions of Nimvelo's Usage Policy.
This Agreement sets forth the entire agreement between Nimvelo and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without Nimvelo's prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Nimvelo's services.
Please note that calls to Nimvelo may be recorded to help us in dispute resolution and for training purposes.
Complaints Handling & Dispute Resolution
Nimvelo are committed to providing excellent service and endeavour to respond quickly and fairly to any issues or complaints. We do realise that things can sometimes go wrong and therefore have a formal dispute resolution procedure in place which outlines the steps you should take if you have a complaint regarding any part of our service. This 'Complaints Code' can be found on our website and provides details of the independent dispute resolution scheme to which your complaint may be directed if a satisfactory result cannot be reached.
Our registered address and company registration details may be found on the 'Contact' page of our website.