RingCentral® Terms of Service (United Kingdom)

 

Date of Last Revision: June 2010

These Terms of Service ("TOS") constitute an agreement between RingCentral, UK Ltd, a company incorporated in England and Wales, with a registered address of 5 New Street Square, London, EC4A 3TW, registered number of 06737634 and a VAT number of 944 3163 27. ("RingCentral", "we" or "us"), and the end-user customer ("Customer", "you" or "user") for RingCentral's telecommunication, facsimile, and related services ("Service" or "Services") associated with your assigned freephone and/or local number account ("Account"). This TOS covers and applies to all of RingCentral's free and paid service plans. This TOS (as varied in accordance with its terms) supersedes all prior or contemporaneous communications and proposal, whether oral or written, between RingCentral and you with respect to the Services and sets out all of the terms that have been agreed between RingCentral and you in relation to the Services. Except in relation to fraudulent misrepresentation, no other representations or terms shall apply or form part of this TOS.

You are required to indicate your assent to this agreement through one or more mechanisms provided by RingCentral, (e.g. clicking on a button indicating your agreement to the TOS) before accessing the Services. This agreement incorporates the following information: RingCentral's website Terms of Use; International Rates; Service Plan Terms and Conditions, Reasonable Use Restrictions, and Privacy Policy. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES; PLEASE READ IT CAREFULLY BEFORE INDICATING YOUR ASSENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCEPT OR OTHERWISE ACCESS THE SERVICES.

1. ADDITIONAL AGREEMENTS

Your use of the Services may be governed by one or more other agreements with RingCentral in addition to the terms set forth herein. If you access the Services through RingCentral's website (the "website"), you hereby agree to be bound by the Website Terms of Use, available at Terms of Use. If you access the Services through RingCentral Softphone™ software, you are required to agree to the Call-Controller End User License Agreement for that software, available at Call-Controller End User License Agreement. If you access Services through the RingCentral Mobile software (if and when available in the UK), you are required to agree to the RingCentral Mobile Application End User License Agreement for that software, (as and when we make our mobile applications available in the UK) available at AT&T Virtual Receptionist End User License Agreement. RingCentral also offers DigitalLineTM Voice over Internet Protocol ("VoIP") services. Upgrading your Account to add Ring Central DigitalLineTM VoIP features requires you to agree to the Supplemental Terms of Service for RingCentral DigitalLine VoIP Services (as and when we make them available in the UK). If you subscribe to RingCentral DigitalLine services, those services are also included in the definition of Services above. If you subscribe to RingCentral OfficeSM services, those services require you to agree to the Supplemental Terms of Service for RingCentral OfficeSM, available at Office Supplemental TOS and the Supplemental Terms of Service for RingCentral DigitalLineSM VoIP Services. If you subscribe to RingCentral OfficeSM, all services and/or features included in the bundled RingCentral OfficeSM package are also included in the definition of Services above.

2. 999 CALLING NOT AVAILABLE

RINGCENTRAL IS NOT OBLIGED TO AND DOES NOT OFFER 999 OR EMERGENCY CALLING. The ability to dial 999 will be provided by your traditional phone company. We may offer emergency calls in conjunction with a UK VOIP product in the near future.

RINGOUT – NO 911 CALLING

RINGCENTRAL DOES NOT OFFER DO NOT OFFER 911 OR EMERGENCY CALLING FOR THE RINGOUT APPLICATION. DO NOT USE THE RINGOUT APPLICATION TO CALL 911. YOU ACKNOWLEDGE AND AGREE THAT THE RINGOUT APPLICATION IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO CALL 911.

3. REGISTRATION PROCEDURES

Upon signing up for the Service, you agree to provide true, accurate, current and complete name, contact information, and other data to RingCentral and at subsequent times as requested by RingCentral. This information will be handled by RingCentral in accordance with our Privacy Policy. If you provide information that is, or that RingCentral suspects to be, false, inaccurate, not current, or incomplete, RingCentral has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof in its absolute discretion. At all times, you shall maintain and promptly update registration data as applicable.

Upon completion of all registration information and acceptance of this TOS, RingCentral will provide you with, as applicable, a password, user ID, and/or PIN and telephone number. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your Account. You shall immediately notify RingCentral if any unauthorized use of your Account or any other breach of security has occurred. In no event shall RingCentral be liable for any unauthorized use of your Account.

We aim to provide services within at least 10 working days of your original request, subject to the availability and installation of any equipment and, where appropriate, licensing. If we need to carry out a survey of your premises we will advise you of the revised timescales as soon as we can.

4. CUSTOMER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into binding contracts and into this TOS. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 999 and any other applicable emergency service number. You represent and warrant that your name, user name, contact information, and, if you are a RingCentral DigitalLine subscriber, Registered Location are true and correct. You represent and warrant that you will only use the Services wholly or mainly for business or professional purposes. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your account by others. In order to use the Service, you agree, at your sole expense: to (1) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet and/or to the Publicly Switched Telephone Network ("PSTN"), as may be required to use the Service; (2) provide for access to the Internet and/or PSTN and pay any Internet connection service fees associated with such access; (3) supply and pay for all telephone and related hardware required for your use of the Service; and (4) pay RingCentral for the Service, VAT and all taxes and other associated charges and fees.

5. SERVICE AND PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY

With respect to its offering of information, services, and products, RingCentral attempts to describe its offerings as accurately as possible on our website, including up to date pricing for our products and services.. Nevertheless, RingCentral does not warrant or represent, and it is not a term of this TOS, that information, service and product descriptions, service or product availability, or other content of its website (the "Site") is accurate, complete, reliable, current, or error-free. Except for any liability in respect of fraudulent misrepresentation, RingCentral is not liable for any action you may take as a result of relying on any content provided on the Site or for any loss or damage suffered by you as a result of you taking this action. Despite our efforts, it is possible due to computer or other error or cause that a service or product offered on the Site may be mispriced, described inaccurately, or unavailable.

Our invitation to you to register for a service or buy a product on the Site is not an "offer" by us to sell you a service or product at the prices on the Site. Instead when you register for the service or buy the product on the Site, you make an offer to us to register for the services or buy the product, which we can accept or reject. The order is finalised (and a legal contract is created between us) when we send a confirmatory email accepting your order. If there is a mistake in the pricing for the services or product on the Site then, when we receive your order we will email you and set out the correct price and give you the opportunity to register for the services or buy the product at that price or you may decide not to register for the service or buy that product.

In addition to the above, in the event RingCentral determines that a service or product is mispriced or described inaccurately, RingCentral reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order and notifying you. You agree to notify RingCentral immediately if you become aware of any pricing or descriptive errors or inconsistencies with any services or products you order through the Site and comply with any corrective action taken by RingCentral.

6. PROHIBITED USES

You may use RingCentral’s telecommunication, facsimile, DigitalLineSM VoIP and related services (“Service” or “Services”) only for lawful purposes and you may not, at any time, use the Service for any illegal, improper or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Service, or damages any RingCentral or other customer's property. Prohibited uses include, but are not limited to:

  • Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy.
  • Sending unsolicited messages or advertisements, including email, voicemail or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk email, voice mail, or faxes.
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent.
  • Knowingly transmitting any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous.
  • Creating a false Caller ID identity (“ID spoofing”) or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
  • Transmitting any material that may infringe the intellectual property rights or other rights of third parties.
  • Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid any Reasonable Use Policy.
  • Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Service.

By using the Services, you understand and agree that:

  • You are solely liable for any transmissions sent through the Service and that RingCentral has no control over the content of any transmission.
  • You must abide by all applicable RingCentral policies and procedures and agreements related to the Services.
  • You may not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • You may not interfere with other customers’ or third-parties’ use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.
  • Your use of the Service is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
  • You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

7. RINGCENTRAL'S PROPRIETARY RIGHTS

RingCentral and/or its Affiliates own and shall at all times retain sole and exclusive right, title and interest to the Service, including all copyrights, trade marks, trade secrets, and all other intellectual property rights thereto, including without limitation with respect to all technology and software (including compilations, underlying source code and applets) ("Software") and all text and graphics ("Materials") used in connection with or provided as part of the Services. All rights not expressly granted under this TOS are retained by RingCentral. Any new features provided by RingCentral shall also constitute "Services" and shall be subject to this TOS. "Affiliate" for the purposes of this TOS means an entity under Common Control with the relevant party to this TOS. An entity "Controls" another entity if it: holds a majority of the voting rights in it; is a member or shareholder of it and has the right to remove a majority of its board of directors or equivalent managing body; is a member or shareholder of it and controls alone or pursuant to an agreement with other shareholders or members, a majority of the voting rights in it; has the right to exercise a dominant influence over it pursuant to its constitutional documents or pursuant to a contract; and two entities are treated as being in "Common Control" if either controls the other (directly or indirectly) or both are controlled (directly or indirectly) by the same entity.

You are only allowed to use the Services and Software as set out in this TOS, and in accordance with any additional obligations in the Website Terms of Use Call-Controller End User License Agreement Mobile Application End User License Agreement (as and when our mobile applications are made available in the UK) AT&T Virtual Receptionist End User License Agreement and Supplemental Terms of Service for RingCentral DigitalLine VoIP Services (as and when we make them available in the UK). You may not, and shall not allow any third party to, copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of RingCentral's Software for any purpose whatsoever, except decompilation to the limited extent permitted by mandatory applicable law notwithstanding contractual prohibition. Requests for interface information to achieve interoperability between an independent program and the Services or the Software should be submitted to RingCentral in writing and such information, if provided by RingCentral, shall be (a) used by you solely for the purpose of achieving the required interface interoperability; and (b) treated by you as RingCentral's confidential information.

8. CHARGES, PLAN CREDITS AND CHARGEBACKS

Generally. You are responsible for paying all charges for your Account, including but not limited to, freephone, local, long distance, and directory assistance charges, and for all value added tax and other applicable taxes and surcharges imposed on you or us as a result of your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. RingCentral also reserves the right to charge termination and transfer fees consistent with each plan's terms and conditions and as provided in this Terms of Service .

Plan Credits; Minutes of Calling. RingCentral offers several different Service plans. Some of the plans provide for a fixed number of monthly credits ("Monthly Credits"). If you exceed your Monthly Credits during the course of a month of Services, you may purchase additional credits ("Additional Credits") as needed. RingCentral may also provide you certain bonus credits minutes and/or other promotional incentives (e.g., "tell-a-friend" credits) and the like ("Promotional Credits"). All of these credits ("Plan Credits") are quoted in terms of domestic minute usage, and are thus sometime referred to as "minutes." As explained below, International Calling may be charged at a different rate than domestic calling, and a Plan Credit "minute" therefore will not entitle you to a minute of calling to some or all international points.

International Calling. Because Plan Credits are quoted for domestic minute usage, you may be charged additional Plan Credits and/or additional rates may apply if you use your Plan Credits for international calling. RingCentral's current International Rates may be found here International Calling. You are advised to refer to your specific Service plan details regarding all domestic and international charges and all other terms and conditions of your Service plan.

Value, Ownership, and Expiration of Plan Credits. Plan Credits have no monetary value. Plan Credits may only be redeemed by the holder of the Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user's Account. Any unused Monthly Credits expire at the end of the relevant Service month and do not "roll over" to the next month Additional Credits and Promotional Credits expire 12 months after purchase or grant.

Fraudulent or Erroneous Charges. RingCentral strongly encourages you to contact RingCentral directly in cases of suspected fraud or error involving your account. In most cases, RingCentral can correct fraudulent or erroneous charges without bank or credit card company intervention. If you suspect fraud or discover erroneous charges on your RingCentral account, please contact RingCentral customer support at 1 (888) 898-4591. When you contact customer support, please have the following information available: (a) your name, contact information, and the RingCentral Account telephone number in question, (b) the date that the Account in question was created, (c) the credit card account number used to open the Account, and (d) the total amount charged to the Account. If you request that your bank/credit card perform a chargeback without first contacting RingCentral and RingCentral subsequently determines that the charges at issue are not erroneous or fraudulent, RingCentral reserves the right to take any available legal action.

9. BILLING AND PAYMENT

Any applicable initiation charges, usage and monthly recurring charges and fees are billed in full in advance. Termination and transfer charges are billed in arrears. Upon termination of your account for any reason, all unused Plan Credits shall expire in their entirety and no refund or proration shall be made of any unused Plan Credits or of any remaining periods/months on any pre-paid Service plan.

When you subscribe to our service, you will provide us with a payment method, such as a valid credit card, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any outstanding charges on your account and disconnect your service. You will advise us of any changes to your payment method, such as credit card account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 2% above the base rate from time to time of the Royal Bank of Scotland or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due.

Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations to charges to your Account.

10. EQUIPMENT RETURNS

You are responsible for all return shipping charges for any hardware returned to RingCentral for any reason, including situations in which hardware is covered under warranty. If you have purchased any hardware from us or we have otherwise provided you with any hardware and your Account is terminated for any reason after the end of any free-trial period and prior to the end of your first year of service, you hereby authorize us to immediately bill your credit card the full list-price of the hardware (if the hardware was provided for free) or for the balance of the list-price of the hardware (if the hardware was sold to you at a discounted price) if such hardware is not returned to and received by RingCentral in good working condition within 21 days of cancellation or disconnection. RingCentral will assess an additional £50 charge for any functioning equipment returned in poor condition (e.g., missing components and/or scratches).

11. REASONABLE USE

Unusually high usage of the Service attributable to individual Accounts may impair RingCentral’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, for all Service Plans, reasonable use means that your use of the Service does not materially impair RingCentral’s ability to provide the Service to other users.

UNLIMITED OR UNMETERED PLANS

All unlimited or unmetered plans (“Unlimited Plans”) are subject to all of the Prohibited Use and Reasonable Use limitations set forth in the Reasonable Use Policy. In addition, all unlimited or unmetered plans are subject to the following terms and conditions:

  • Unlimited Plans are for normal residential or business use.
  • Unlimited Plans cannot, under any circumstances, be used for call-in lines, call centers, conference calling, trunking (to a PBX or otherwise), continuous or extensive call forwarding, autodialing, fax blasting, telemarketing (including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, or other high volume or multi-person calling or faxing purposes.
  • Excessive Use of Unlimited Plans is prohibited. “Excessive Use” means that your use exceeds the monthly minutes used by 98% of all RingCentral Unlimited Plan customers. Excessive Use is measured on a monthly basis. For example, if you use 7,500 minutes in one month and 98% of all RingCentral Unlimited Plan customers used less than 7,500 minutes that month, your use would constitute Excessive Use and would be in violation of the Reasonable Use Policy.

RingCentral reserves the right to review and monitor your usage of your Unlimited Plan at any time (i) to calculate Excessive Use and (ii) compliance with this Reasonable Use Policy, including that there is no Excessive Use.

Except where prohibited by law, if you violate the Reasonable Use Policy, including but not limited to by Excessive Use of the Service, you hereby acknowledge and agree that RingCentral may modify, suspend, terminate, disconnect or take any other reasonable action regarding your Service to prevent continued violation of this Reasonable Use Policy (a “Plan Modification”), including charging you on per minute basis, at RingCentral’s published per minute rates, for any Excess Use or automatically converting your Unlimited Plan to a metered plan. You hereby agree to pay RingCentral, and hereby authorize RingCentral to charge your credit card for any additional fees, charges and penalties related to any Plan Modification.

12. NUMBER OWNERSHIP

You understand and agree that telephone numbers requested from RingCentral may not be available, and that you are not the owner of any freephone or local telephone number or facsimile number assigned to you by RingCentral. You understand and agree that RingCentral may from time to time need to change the telephone or facsimile number assigned to you (due to an area code split or for any other reason). You understand that unless you arrange with a new service provider to port your RC number to that new service provider, the number assigned to you will be reassigned upon termination of your Service. RingCentral will not be liable for any damages (including consequential or special damages) arising out of any such reassignment.

13. NUMBER AVAILABILITY

Certain of RingCentral's Services permit you to request a specific telephone number. If you request a specific telephone number, RingCentral will attempt to provide you with that number. However, RingCentral cannot guarantee that requested numbers will be available. You should not order any printed material, such as business cards or stationary, or otherwise arrange publicity showing a RingCentral number until that number becomes active in your RingCentral Account. In addition to the exclusions and limitations of liability set out in the Limitation of Liability section of this TOS below, RingCentral will not be liable for reimbursement for business cards and/or stationary and/or press releases under any conditions, or for any other alleged consequential or special damages arising from any alleged failure to provide you with a specific telephone number or from your decision to change your previous telephone number to a new telephone number when registering for the RingCentral Services.

14. VOICEMAIL, BROADCASTING AND FAX SERVICES

Storage. RingCentral is not obligated to store your voicemails, sent/received calls, and/or faxes, and does so only as a convenience to you. Except where prohibited by law, you agree that RingCentral has no responsibility or liability whatsoever for the deletion or failure to store any voicemail or fax messages, any call-log information, and/or other communications maintained or transmitted by the Services.

Unsolicited Advertisement Policy. . You shall not use the Service to send or transmit, or attempt to send or transmit, any unsolicited communications for direct marketing purposes by means of a facsimile machine, telephone call, or e-mail, where you do not otherwise have permission to do so under applicable law and understand that, if you do or if you persistently misuse the Service or network to do so, RingCentral may immediately terminate your right to use the Services without any liability of any kind.
RingCentral makes available to its customers technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. If you do not want us to implement such technologies and procedures on your behalf, please click here. You hereby release and agree to hold harmless RingCentral from and against any damages or liabilities of any kind related to any voicemail, broadcast and/or fax spam or solicitations that you may send and/or receive using the Services.

15. RECORDING CONVERSATIONS

Certain RingCentral Services provide a function that allows you to record individual telephone conversations. You may use this function entirely at your own discretion and, if you choose to do so, you are solely responsible for complying with all applicable laws in any relevant jurisdiction when using this feature and you should include a statement that all those who ring you through RingCentral Services can hear that the conversations may be recorded. RingCentral expressly disclaims all liability with respect to your recording of telephone conversations. You hereby release and agree to hold harmless RingCentral from and against any damages or liabilities of any kind related to the recording of any telephone conversations using the Services.

16. VOICE TO TEXT LIMITATIONS

Certain RingCentral Services provide a function that allows voicemails to be converted to text. You understand and agree that RingCentral's voice to text feature may not accurately transcribe the recorded voice message. You are solely responsible for checking the original voicemail and verifying the accuracy of the message when using any and all voice to text features. RingCentral expressly disclaims all liability with respect to the conversion of voicemails to text. You hereby fully, finally and forever release, discharge and hold harmless RingCentral from and against any damages or liabilities of any kind related to the use of voice to text features when using the Services.

17. SERVICE CHANGES

You understand and agree that RingCentral may make upgrades or changes to the Services which will not materially diminish the functionality of the Services without prior notice to you. In the event that a change to the Services would, in RingCentral's reasonable discretion, permanently materially diminish or impair the functionality of the Services ("Change"), RingCentral shall provide you with written notice of such Change at least sixty (60) days prior to the date the Change is to take effect. If the Change is unacceptable to you, you may terminate the Services without penalty by calling RingCentral at (800) 574-5290. Any use of the Services after the effective date of Change will be deemed your acceptance of the Change.

18. TERM

Services are provided for a term of thirty (30) days, one (1) year or as otherwise provided in your Services Contract, depending on the Service Plan you select when purchasing the Services (the “Term”). The initial Term begins on the date that you purchase the Services (“Date of Purchase”).

The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify RingCentral of non-renewal at least thirty (30) days before the end of the then current Term by contacting customer service.

19. TERMINATION

You may cancel or terminate your use of the Services with or without cause at any time by calling RingCentral at 0800-756-9550, subject to the restrictions and fees provided in this TOS and additional agreements governing the Services. RingCentral is available to take your call Monday-Friday between 10:00 - 18:00 hours (GMT).

Annual Plan Customers. For annual plan customers, you are purchasing the Service for the full length of the applicable Term. You have thirty (30) days from the Date of Purchase for a prorated refund in accordance with your Services Contract. After the first thirty (30) days, if you terminate the Services prior to the end of your Term, you are responsible for all charges for any remaining time left on the Term as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, and any applicable disconnection fee, as described below (collectively, “Default Charges”). In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.

You understand and agree that RingCentral may at any time, and without additional notice to you terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Services if:

  • RingCentral determines that your use of the Services violates or has at any time violated this TOS or any other applicable agreement between you and RingCentral from time to time, including the RingCentral Softphone™ End User License Agreement, Supplemental Terms of Service for RingCentral DigitalLine VoIP Services, Reasonable Use terms or Website Terms of Use.
  • RingCentral determines that you have created or caused to be created multiple free accounts.
  • RingCentral determines that such action is necessary to maintain or improve the Services, to prevent fraud or misrepresentation by affirmative acts and/or omissions, to protect other users or third parties, or for any other good cause.
  • You suffer an Insolvency Event. "Insolvency Event" shall mean in relation to the user: (i) it becomes or is deemed insolvent; (ii) a distress or execution is levied on any its property or assets; (iii) it makes or offers to make any arrangement or composition with creditors; (iv) a resolution or petition to wind up its business (other than for the purpose of amalgamation or reconstruction) is passed or presented or a receiver or administrative receiver of its undertaking, property or assets is appointed or a petition presented for the appointment of an administrator; (v) it is subject to any proceedings which are equivalent or substantially similar to any of the proceedings under sub-section (i), (ii), (iii) or (iv) under any applicable jurisdiction.
  • RingCentral has reasonable grounds to suspect that information you have provided is false, inaccurate, not current or incomplete, in accordance with section 3 of this TOS.
  • For any other reason RingCentral would restrict access to the Services, including but not limited to compliance with requests by law enforcement or other government agencies.
  • RingCentral needs to perform maintenance or repair of its telecommunications network, hardware or services.
  • RingCentral has reserved the right to do so under any section of this TOS (or any document incorporated into this TOS).

Upon any termination, you hereby authorize RingCentral to charge your credit card, and you hereby agree to be liable for, the applicable Equipment Return Fee in accordance with RingCentral’s Equipment Return Policy for all phones, hardware and other equipment purchased or provided to you in connection with the Services.

RingCentral shall not be liable to you or any third party for any reason for terminating your use or access to the Services.

If you or RingCentral terminates your right to use the Services, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits.

20. WARRANTIES AND WARRANTY DISCLAIMER

RingCentral warrants that:

  • it has full power and authority to carry out its obligations under this TOS; and
  • it will provide the Services with reasonable care and skill.

Except as expressly provided otherwise by this TOS, RingCentral does not give or enter into any other warranties, conditions or terms of any kind either express or implied, including but not limited to any implied terms as to quality, merchantability and fitness for purpose in relation to the Services or any associated materials or other services performed under this TOS.

RingCentral will use its reasonable efforts to ensure that the Services are available at all time, but RingCentral makes no warranty on up-time, mean-time between failures, quality of the Service, or the quality of voice or fax communications.

RingCentral makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. RingCentral is not responsible for messages or information lost or misdirected due to interruptions or fluctuations in the Services or the Internet in general. RingCentral is not responsible for the content or functionality of any third party network used in connection with the Services.

RingCentral does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. You acknowledge that any data or information downloaded or otherwise obtained or acquired through the use of the Services are at your sole risk and discretion and RingCentral will not be liable or responsible for any damage to you or your property.

You acknowledge and agree that no advice or information, whether oral or written, obtained by you from RingCentral, its employees, or through or from the Services shall create any warranty, representation or term, unless such warranty, representation or term is included in this TOS or agreed to by an authorized executive officer (Vice President or higher) of RingCentral in writing.

Although every effort is made to ensure that voicemails and fax transmissions are secure, RingCentral makes no guarantees of security.

If any of the warranties in this section 17 are breached, you shall tell us as soon as is reasonably practicable and we shall immediately re-perform any relevant Services. This shall be done without any additional charge to you and, if we choose to re-perform any relevant Services, this shall be your sole and exclusive remedy in respect of such breach.

21. LIMITATION OF LIABILITY

RingCentral's liability for death or personal injury caused by RingCentral's negligence or the negligence of RingCentral's employees or agents, or for fraudulent misrepresentation, is not excluded or limited by this TOS, even if any other term of this TOS would otherwise suggest that this might be the case.

Other than as set out above, in no event shall RingCentral be liable to you or any third party for any:

  • (a) loss of profits;
  • (b) loss of sales;
  • (c) loss of revenue;
  • (d) loss of any software or data;
  • (e) loss of use of hardware, software or data; or
  • (f) special, indirect, or consequential damages,

whether arising under contract, warranty, tort (including negligence or strict liability) or any other reason.

Subject to the above paragraphs, RingCentral's liability under and in connection with the Services and in relation to anything which RingCentral has done or not done in connection with the Services (and whether the liability arises because of breach of contract, negligence or for any other reason), shall be limited in the aggregate to:

  • (a) an amount equal to 125% of the total amounts paid and payable by you during the twelve (12) month period immediately prior to the date that the event(s) giving rise to the action or claim first occurred; or
  • (b) if the amount referred to in (a) cannot be calculated accurately at the time the relevant liability is to be assessed, or if it is less than £100, to £100.

The limitations and exclusions of liability set out above apply in respect of any liability of RingCentral in connection with this TOS, the Call-Controller End User License Agreement, the Mobile Application End User License Agreement and/or the Supplemental Terms of Service for RingCentral DigitalLine VoIP Services, and reflect the allocation of risk between the parties.

22. INDEMNIFICATION

You shall indemnify and hold harmless RingCentral, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this TOS by you, and/or (4) your violation of any law or of any rights of any third party. The provisions of this section are for the benefit of RingCentral and its officers, directors and employees, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

23. PRIVACY

By subscribing to and continuing to use the Services, you agree to the terms of RingCentral's Privacy Policy, which is incorporated into and forms part of this TOS and is available here.

24. FUTURE CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this TOS and to Pricing Plans from time to time upon delivery of electronic mail notice to you. Notices will be considered given and effective on the date sent to your registered electronic mail address. Such changes will become binding on you fourteen (14) days following the date the notice is emailed to you if you continue to use the Services. If you do not agree to the modifications, your only recourse is to terminate your use of the Services. The modified TOS shall supersede all previously agreed to electronic and written terms of service, as well as any prior versions of this TOS. You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a daily basis, and (iii) making sure that RingCentral communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.

Any agreements to amend or depart from these terms will only be effective if specifically accepted and agreed by RingCentral in writing.

25. COPYRIGHT INFRINGEMENT

Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent, or received using the Service for purposes of determining copyright or other intellectual property right infringement. However, RingCentral reserves the right to terminate access to its Services if a user infringes on others' copyrights or other intellectual property rights, and will, in appropriate circumstances, terminate access to the Services if RingCentral determines that a user is a repeat infringer.

26. FORCE MAJEURE

RingCentral shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, or government requirements, or failures and delays in the operation of communications networks and links not controlled by RingCentral.

27. NOTICES

All notices, demands, consents, waivers and any other communications which are required to be given under this TOS must be in writing. Any such notice will be deemed to have been received:

  • (a) if by hand delivery - at the time of delivery;
  • (b) if by registered post - at the time of delivery;
  • (c) if by first class post - three working days after posting.

You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Legal Department and received at our then-current address as posted on our website: http://www.ringcentral.co.uk/whyringcentral/contactus.html. Your notice must specify your name and Account information.

28. GENERAL INFORMATION

This TOS is governed by English law.
If any part of this TOS is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect.

The failure of RingCentral to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.

You agree and acknowledge that any breach of the provisions regarding intellectual property ownership contained in this TOS shall cause RingCentral irreparable harm and RingCentral may obtain injunctive relief as well as seek all other remedies available in law and in equity.

RingCentral may assign its rights and/or obligations under this TOS to its Affiliates, including RingCentral, Inc.You may not transfer or assign this TOS or any of your rights under this TOS. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.

The provisions of this TOS relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability, and indemnification shall survive termination or expiration of this TOS for any reason.

The U.N. Convention for the Sale of Goods shall not be applicable to your purchase of RingCentral Services.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

RingCentral's Affiliates (as defined in section 7) shall have the benefit of and the right to enforce all provisions of this TOS which benefit and are enforceable by RingCentral. Subject to the foregoing, you agree that none of the terms in this TOS will be enforceable by virtue of the Contracts (Rights of Third Parties) Act of 1999 by any person not a party to it.

29. ENQUIRIES OR COMPLAINTS

Should you have an enquiry please contact our Customer Service Team Office open 07.00-17.00 Monday to Friday, 24-hour answering service with these times.

By phone: 0800 014 8091 (UK Domestic Toll Free)
01 925 301 8209 (International, calling from outside of the U.S.)
By e-mail: support@ringcentral.com
By fax: 0800 098 8245 or 01 650 620 1153
By letter: RingCentral UK, Ltd.
5 New Street Square
London
England
EC4 3TW
Via website: www.ringcentral.co.uk

30. COMPLAINTS AND DISPUTE RESOLUTION

Should you have a complaint or need information concerning our Dispute Resolution policy please see http://www.ringcentral.co.uk/CoP.html.

Copyright 2013 RingCentral, Inc. All rights reserved.

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