PRISON CALLS TERMS OF SERVICE
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, email us on enquiries@prisoncalls.co.uk.
Application
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are prison calls limited a company registered in Scotland under number SC583318 whose registered office is at Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, Scotland G2 1BP, email address accounts@prisoncalls.co.uk; telephone number 0800 061 4155.
These Prison Calls Terms & Conditions are between you and Prison Calls Limited and their affiliates (“we”, “you”, “us” or “our”) and they govern your and our respective rights and obligations.
Your use of the prisoncalls.co.uk website and any successor or replacement website your Prison Calls Subscription and benefits are also governed by the following agreements:
The Prison Calls Terms & Conditions, constitute the entire agreement between you and us related to your Prison Calls Subscription (collectively, these “Terms”). If you sign up for a Prison Calls Subscription, you expressly accept these Terms. Please read these Terms carefully.
These are the terms on which we sell services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter a Subscription.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Contract means the legally binding agreement between you and us for the supply of the Services.
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order.
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order.
- Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the website.
- Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website.
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order; website means our website www.prisoncalls.co.uk on which the Services are advertised.
The Service
Prison Calls is a Subscription program offering multiple benefits and services to its users as set out in these Terms.
Prison Calls Subscription fee and is the seller of Telecommunication Service providing cheap calls to mobile phones for inmates.
If you sign up for a Prison Calls Subscription, you expressly request that we start providing you the Service within your 14-day cancellation period.
The description of the Services and any Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Subscription with immediate effect on written notice to you.
Subscription
The current Subscription fees and plans available services are stated at https://prisoncalls.co.uk/prices/. You will find details about the Subscription fee you are subscribed to, and the next due date by logging into your account or contacting enquiries@prisoncalls.co.uk.
The Subscription fee is non-refundable except as expressly set forth in these Terms.
Payment
Unless you notify us before the next due date of your Subscription fee that you want to end your Subscription at this date or cancel your Subscription, we will automatically charge the then-applicable periodic Subscription fee using your preferred payment method. If you fail to cancel your subscription but request a refund, you will not receive a refund you will receive the periodic time you have paid for.
If your preferred payment method becomes invalid during your Subscription period, or if the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file in your customer account. If all your payment methods on file are declined, you must provide us a new eligible payment method within 24 hours, or your Subscription will be cancelled.
Cancellation by you and refunds
You may cancel your Subscription by logging into your account.
Subscriptions redeemed through a promotional or gift code are not refundable.
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason if no minutes have been used in your plan. Otherwise, you must give us 1-month notice of intent by you to cancel the Subscription.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Subscription was entered.
In a contract for the supply of goods over time (i.e. Subscription), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Subscription by logging onto your account and cancel your subscription.
If your subscription renews due to failure of cancelling, you will be charged for the periodic time you paid for. You will be notified when your subscription and service will end by email notification. You will not be entitled to a refund regardless if you do not use the service. This is a subscription service therefore cancelling this relies upon you.
Acceptance of Subscription
We reserve the right to accept or refuse your Subscription, to the extent permitted by applicable law.
No minors
The Service is only available to end consumers aged 18 years or older.
Basis of Sale
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Subscription will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an order, you agree to us giving you confirmation of the Subscription by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Subscription, and before performance begins of any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date unless we expressly withdraw it at an earlier time.
No variation of the Subscription, whether about description of the Services, Fees or otherwise, can be made after it has been entered unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Subscription entered by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
Fees and charges include VAT at checkout at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Delivery
We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement: in the case of Services, within a reasonable time; and in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Subscription is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
We do not generally deliver to addresses outside England and Wales, Scotland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Subscription is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances: accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance; goods that are made to your specifications or are clearly personalised; goods which are liable to deteriorate or expire rapidly.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Subscription, we will reimburse to you, minus the cost of us providing the service, payments received from you, excluding the costs of delivery. Payment for Services commenced during the cancellation period
where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Subscription. This amount is in proportion to what has been supplied in comparison with the full coverage of the Subscription. This amount is to be calculated based on the total price agreed in the Subscription or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Deduction for Goods supplied
If you cancel within 14 days as is your right to do so, any minutes that you have used under the package supplied will be charged to you at a rate of 6p per minute and the cost to set the service up. Any usage will be payable by you within 1 month of commencing the Subscription. If you cancel after 14 days, you will be charged the full months payment.
For the purposes of these Cancellation Rights, these words have the following meanings:
distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
We have a legal duty to supply the Goods in conformity with the Subscription and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality.
- be reasonably fit for any purpose for which you buy the Goods which, before the Subscription is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Subscription; and conform to their description.
- We will supply the Services with reasonable skill and care.
- We will provide the following after-sales service: Monitoring of account and renewal reminders.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Subscription (which we must comply with) if you take it into account when deciding to enter this Subscription, or when making any decision about the Services after entering into this Contract. Anything you consider is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later). Duration, termination and suspension the Subscription continues as long as it takes us to perform the Services.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
commits a serious breach, or series of breaches resulting in a serious breach, of the Subscription and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or is subject to any step towards its bankruptcy or liquidation.
On termination of the Subscription for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
Either party can transfer the benefit of this Subscription to someone else and will remain liable to the other for its obligations under the Subscription. This requires written notification to either party. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel).
Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Subscription (including any non-contractual matters) is governed by the law of Scotland.
Disputes can be submitted to the jurisdiction of the courts of Scotland or, where the Customer lives in England, Wales or Northern Ireland the courts of respectively England, Wale or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
Agreement Changes
We may change these Terms or the Prime Service, or any part of it, at any time: for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to the Service; to reflect advancements in technology; to make reasonable technical adjustments to the Service; and to ensure the ongoing operability of the Service.
If we make changes, we will inform you in due form and time and remind you of your rights. You will be able not to accept these changes and you will keep the possibility to cancel your Prison Calls Subscription at any time.
Regardless of any changes to these Terms or the Service, any increase in the applicable Subscription fee will not apply before the end of your current Subscription period.
If any change is found invalid or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions
Use of Minutes
If you purchase a plan and go over the subscribed minutes, you will be charged 5p per minute. With our Enhanced Unlimited Plan, you will not be charged as this is unlimited.
Comparison Table
On our comparison table, the prices are taken from the comparison companies’ website on 01.05.2020. The prices quoted are the prices they advertise at checkout.
Disclaimer
As the subscription is with the person who purchases the plan, the price per minute on the price features are calculated by the price the customer pays divided by the amount of minutes.
