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Here's the legal bit

TERMS AND CONDITIONS JUST DIAL INSTANT AND TOPUP2TALK

This document sets out the terms on which New Call Telecom Limited ("New Call", "us", "we") will provide Just-Dial Instant and/or Topup2talk and/or Just-Dial Unlimited (collectively the "Services") to you, the customer ("you").
By using the Services, you agree to be bound by the following terms and conditions (the "Conditions of Use") and acknowledge that we provide the Services to you on these terms.
You must accept the Conditions of Use as a condition of you using the Services. If you do not accept the Conditions of Use then you must not use the Services. You acknowledge that use of the Services will be deemed to be an acceptance by you of the Conditions of Use.
As the Services are made immediately available to you with your agreement, you acknowledge that you have no right to cancel your order for the Services under the Consumer Protection (Distance Selling) Regulations 2000.
1. General
Just-Dial Instant
1.1. You can use Just-Dial Instant by dialling the applicable access number (the "Access Numbers") as detailed by us at www.just-dial.com and then dialling your international number (including the "00" prefix).
Topup2talk
1.2 You can access the Topup2talk service (the "Pre Paid Calling Services") as follows:
1.2.1. From a mobile, by texting "keyword" advertised to the relevant shortcode (a premium rate text message number) as detailed by us at www.just-dial.com. An access number and PIN will then be sent to you by text. The text message to receive the access number and PIN costs £3 or £5 depending on the shortcode and/or the service you are ordering) ("SMS Charges"). The costs of the text message will be charged to you by your network provider and added to your network provider bill in addition to any standard SMS charges for the request message. We will credit you with calling credit to the equivalent value of the premium rate text message directly to your mobile phone as soon as reasonably practicable after receipt of your text message. Any request message or reply to our shortcodes other than STOP will result in charges being incurred; or
1.2.2. From a landline by dialling the applicable premium rate number (the "Premium Rate Number") as detailed by us at www.topup2talk.com. Each call to this Premium Rate Number will cost you £1 and for this we will allocate calling credit to the telephone number that you used to make the Premium Rate Number call as soon as reasonably practicable after receipt of your call and
1.2.3. You can use your calling credit by dialling the access number provided to you and entering the international destination telephone number that you wish to call.
1.2.4. If there has been no activity on your account for a period of 90 (ninety) days (i.e. calls or top ups) any applicable unused call credit will expire and you shall lose any entitlement to use that credit for the Pre Paid Calling Services.
1.2.5. We reserve the right to implement limits on the amount of Pre Paid Calling Services you can order from any one mobile phone in any one day. Please see www.just-dial.com or call 0844 552 8575 for details. You may be charged for orders that you make to Premium Rate Numbers in relation to your Pre Paid Calling Services and such charges may vary depending on your network services provider. Where you have reached such a limit and attempt to order any subsequent Pre Paid Calling Services of the same type, you will receive a text message (at no cost to yourself) informing you that you have reached your daily limit and therefore cannot use the Pre Paid Calling Services for the remainder of the day. In these circumstances, you will not incur any SMS Charges for that Pre Paid Calling Card Service order. You may still incur standard SMS charges from your network provider.
Just-Dial Unlimited
1.3 You can use Just-Dial Unlimited (“Subscription Call Package”) from a mobile phone (other than those on the Virgin Mobile network) by texting the applicable "keyword" to the relevant text shortcode (the “Request SMS”), each as advertised by us and then following the instructions thereafter to receive a premium rate text message (“Premium SMS”) and activate the service. The cost of the Requests SMS will be charged at your network provider’s standard rate. The cost of receiving the Premium SMS is currently £10 and will be charged to you by your network provider and added to your network provider bill.
1.4 Following receipt of the Premium SMS referred to above and subject to clause 1.5 below, calls made (i) to landlines and certain mobile operators (excluding premium, indirect and other numbers) in countries included in the package as detailed on our website and (ii) from the SIM card which received the Premium SMS, will not incur a charge for a period of thirty (30) days. For a list of the countries which are included in the package click here.
1.5 Calls made as part of the Just-Dial Unlimited will have a maximum duration of sixty (60) minutes. Following expiry of sixty (60) minutes your call will be terminated. To continue your call - simply redial. From 1st September 2011 No more than three (3) hours of calls per day is permitted. Calls attempted beyond three (3) hours in a single day will be barred until the next day.
1.6 Unless you send a text message with the word “STOP” in it to the relevant shortcode detailed by us at www.just-dial.com (a “Stop Notice”) you will be sent an auto-renewal Premium SMS (the “Renewal SMS”) on the thirtieth day after receipt of the original Premium SMS. After sending a Stop Notice you can continue to use your package until the end of the relevant period. Stop Notices will be charges at your network provider’s standard rates.
1.7 To prevent a Renewal SMS being sent we must receive your Stop Notice no later than midnight on the twenty ninth day after you received the original Premium SMS. Stop Notices received after this time will be applied in relation to the following Renewal SMS.
1.8 Your Renewal SMS will activate upon the expiry of the current package. We will continue to send Renewal SMSs on a thirty (30) day frequency until we receive a Stop Notice.
Other
1.9. Your landline or mobile provider may charge additional charges for usage of their network. For details of how these charges work together with our Services, see our FAQs at www.just-dial.com or contact your landline or mobile provider for additional detail.
1.10. We reserve the right to change any access numbers, premium rate numbers, shortcodes and charges relating to the shortcodes and/or premium rate numbers from time to time with a notice of such change being posted at www.just-dial.com.
1.11. The Services are subject to availability. All relevant costs in relation to your use of the Services are disclosed and can be accessed at www.just-dial.com.
1.12. Should you require customer service, please contact our customer service team via our Contact Us page on www.just-dial.com or by telephone on 0844 552 8575.
1.13. Prior to using the Services, you must first obtain permission to do so from the person paying the bill for the telephone or mobile from which you access the applicable Services. By using the Services, you confirm that you have obtained such permission.
1.14. You must inform us of any problems relating to your use of the Services within 7 days of your attempted use, or, in the event of a problem with Pre Paid Calling Services or Just-Dial Unlimited, within 7 days of purchase of the applicable Pre Paid Calling Service or Just-Dial Unlimited. You can do so by contacting us by email via the Contact Us link on the www.just-dial.com home page or calling us on 0844 552 8575.
2. User Obligations
You shall not use, nor allow any other(s) to use, the Services:
(a) On any landline or mobile that you do not have permission to use or make use of;
(b) If you are under 18 years of age and have not obtained the consent of your parent or guardian to do so;
(c) For any improper, immoral or unlawful purpose;
(d) To send a communication which is, or is intended to be, a hoax call to emergency services, or which is defamatory, offensive, abusive, obscene, menacing, threatening, harassing, harmful, invasive of another's privacy, sexist, racist or violent or impersonates another person;
(e) To violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person;
(f) In such a way that may damage, interrupt, destroy, corrupt, limit or affect the operation, functionality or quality of the Services, the network or any telecommunications system used to provide the Services;
(g) Fraudulently or illegally or contrary to any relevant standard or code; or
(h) For the purpose of re-sale to third parties.
3. Our rights
3.1. We reserve the right to terminate, restrict, suspend, deactivate or cancel your use of all or part of any Services where we reasonably believe:
(a) That any Service or aspect of the Services is being used by you or on your behalf for commercial purposes or otherwise contrary to these Conditions of Use;
(b) That any Service or aspect of the Services is being resold by you or on your behalf (whether or not for commercial gain) or in other way being exploited for commercial gain without our express written permission;
(c) where we reasonably believe that there has been fraudulent activity (for example, where our systems detect that the Services are used to make an unusual amount of phone calls originate from the same telephone number or set of telephone numbers that would be inconsistent with normal consumer use);
In the event that we exercise any rights pursuant to this Clause 3.1, you shall not be entitled to any refunds.
3.2. We reserve the right to suspend your access to Services and clawback any credit that you have not used for a period of 90 (ninety) days or more on the Pre Paid Calling Card Services.
3.3. We reserve the right (at our sole discretion) to amend:
3.3.1. Any material charges (other than those set out in 3.3.2 and 3.3.3 below) on 30 days written notice to you by publishing this information at www.just-dial.com;
3.3.2. The charges for the Pre Paid Calling Services (as defined in Clause 1.2) from time to time by publication of such amended charges at www. just-dial.com;
3.3.3. The charges for the Just Dial Instant Service (as defined in Clause 1.1) from time to time upon seven (7) days prior notice to you via our website at www.just-dial.com; and
3.3.4. The charges for the Just-Dial Unlimited from time to time by publication of such amended charges at www. just-dial.com
4. Warranty and Liability
4.1. Your use of the Services is at your sole risk. The Services and any other product or service which may be provided through or bundled with the Services are provided "as is" and "as available" for your use, without warranties of any kind. Your statutory rights remain unaffected.
4.2. Please note that we will not be liable in the event of unauthorised access to, or loss of your Pre Paid Calling Service, save for any loss which is directly attributable to a technical fault with the Pre Paid Calling Service caused by us.
4.3. The Services are for consumer/residential use and are not designed to be used by customers in connection with the conduct of their, or their employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.
4.4. We do not make any representations or warranties in respect of your ability to access or use the Services at times or locations of your choosing (including any network or software operating in connection with the Services). We will, however, use reasonable skill and care to provide and maintain the availability of the Services.
4.5. Except as provided by law, we exclude all liability for the accuracy (or inaccuracy) or reliability of any material or other information provided or made available by any third party in relation to the Services. We will however use reasonable skill and care in updating and maintaining all information available on our website/s. Your statutory rights remain unaffected.
4.6. We do not endorse, warrant or guarantee any product or service offered in conjunction with the Services by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and any such third party.
4.7. We are not liable for any failure or delay in performance of our obligations under these Conditions of Use caused by matters beyond our reasonable control.
4.8. We shall not be liable for (i) any secondary loss howsoever caused; (ii) for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused; or (iii) any loss not reasonably foreseeable by us when this Agreement commences, arising from your use of the Services or any other product or service that may be bundled with the Services.
4.9. Without limiting the above paragraphs and subject to to paragraph 4.8 above (and except for our liability for death or personal injury caused by its negligence, or for any fraud or fraudulent misrepresentation), our liability under or in connection with these Conditions of Use (whether arising in negligence or otherwise) will not under any circumstances exceed £100, regardless of the cause or form of action. Your statutory rights are unaffected.
5. Indemnity
You indemnify us against any action, liability, claim, loss, damage, proceeding and/or expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to your breach or non-observance of any term of these Conditions of Use.
6. Intellectual property
6.1. We own, or are otherwise licensed to use, all intellectual property in the Services (including the names, logos, trademarks, copyright, content, design, text, graphics, software and any other material appearing on the Services), unless indicated otherwise. Subject to these terms of use, we grant to you a non-exclusive and non-transferable license to use the Services for the purposes of telephone calls.
6.2. You agree that you will not, either directly or indirectly, infringe our intellectual property or other property rights (or any of our licensors' rights) in the Services and will not, either directly or indirectly, reproduce, modify, transmit, copy, adapt, sell, publish distribute or communicate the Services or anything contained within the Services (in part or in full) or otherwise use the Services in a way which will infringe our intellectual property or other property rights (or any of our licensors' rights), except as permitted by law or with our prior written consent.
7. Use of personal information
7.1. We respect your personal information and undertake to comply with applicable Data Protection legislation in place from time to time.
7.2. We may hold information that you provide to us (such as your telephone number when you use one of our Services) or that we may obtain from another source (such as our suppliers, or marketing organisations). This information ("Your Information") may include your name, address, date of birth, gender, telephone numbers, email address, and details of how you use our products and services which may include the numbers you call, the type, date, time, location, duration, cost of calls, and information about your browsing activities when visiting one of our web, WAP or similar sites together with general information about the way you use our Services. We may share Your Information with companies within New Call Telecom Limited group of companies ("New Call Telecom") and any company or other entity in which New Call Telecom owns (directly or indirectly) more than 15% of the issued share capital for the purposes described in these terms and conditions (including, without limitation, its fixed line telephony and insurance companies); and in the event that we undergo re-organisation or are sold to a third party, you agree that Your Information may be transferred to that re-organised entity or third party for the purposes of and subject to the terms of this Agreement.
7.3. Your Information may be held and used by us for a number of purposes and we may use third parties to support us with purposes which include, without limitation:
7.3.1. Processing your orders; disclosing your data to network carriers to provide you with our Services; dealing with requests, enquiries or complaints and other customer care related activities; and legal actions and all other general administrative and business purposes;
7.3.2. Carrying out market and product analysis of Your Information to conduct customer surveys, to develop and improve and, where you have purchased a Pre Paid Calling Service, Just-Dial Unlimited or you have supplied your contact details specifically for these purposes, to tell you about our products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. Where you have purchased a Pre Paid Calling Service or Just-Dial Unlimited, we may tell you by automated means or otherwise, including by mobile text message, unless you indicate otherwise to us by sending us an SMS to 83006, 80041 or 80550 with the wording STOP. The message must be sent from the mobile phone through which you purchased the Pre Paid Calling Service. You can do so either when you first enter into this Agreement with us of at any time subsequently;
7.3.3. Passing on data to organisations we use to help us conduct customer surveys;
7.3.4. Carrying out any activity or disclosure in connection with a legal, governmental, national security or regulatory requirement on us or TalkTalk Group or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or
7.3.5. Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.
7.4. You agree to the disclosure by us of the following information to any telecommunications company necessary to provide our Services, fraud monitoring scheme or security agency:
7.4.1. Any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and
7.4.2. Any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
7.5. Your Information may be transferred outside the European Union to that country. Our web, WAP and similar sites may also be based on servers located outside of the European Union. Please note that the data protection and other laws of countries outside the European Union may not protect you as well as those within the European Union.
7.6. It may also be necessary for us to carry out anti-fraud and identity checks on you to help decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. Any information obtained in such checks may be used by third parties for crime and fraud detection and prevention.
7.7. We will keep information for as long as is necessary to provide Services you have asked for and until charges for the Service cannot be lawfully challenged.
7.8. We may also use technology to detect and prevent fraud and where we suspect fraudulent use or attempted fraudulent use of our Services, and in this respect information may also be recorded.
7.9. If you give us information on behalf of someone else, including but not limited through the use of a third party's telephone line to use the Pre Paid Calling Service or Just-Dial Unlimited, you confirm that you have given them the information set out in this Agreement, and that they have not objected to their personal information being used in the way described in it.
7.10. A comprehensive description of how we use personal information is publicly available from the Information Commissioner - please see www.dataprotection.gov.uk.
7.11. If you would like us to tell you what information we hold about you, please write to: The Data Controller, New Call Telecom Limited, 6 Snow Hill, London, EC1A 2AY. We may charge a £10.00 administration fee; please quote the telephone number through which you have accessed the Services on all such requests. You can also contact us to correct or update any inaccurate or incomplete information.
7.12. If you do not wish your details to be used for the purposes described in Clause 7.3.2, please write to The Data Controller at the above address stating your full name, address, and Mobile Phone number.
7.13. Subject to your rights of objection set out in this Clause 7, you agree that you consent to us contacting you for any of the above purposes whether by telephone, email, SMS, MMS or in writing and you confirm that you do not consider any of the above as being a breach of any of your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.
7.14. You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.
7.15. We may disclose to third parties aggregated data to the use of the Service provided that a single individual is not identifiable in such data.
7.16. We may monitor and record our communications with you (including phone conversations and e-mails) for quality assurance and to make sure that we are meeting our legal and regulatory requirements.
8. Amendments
Subject to the provisions of Clause 3.3, we are entitled at our sole discretion to change, add or remove any part of these Conditions of Use and to change, withdraw, add or delete any features of the Services or a related promotion at any time (together, the "Changes"). Where this happens, we will provide you with notice by posting or uploading the Changes on our website no less than 7 days before such changes or amends are due to take effect (the "Notice Period"). If you do not agree to any such Changes, your sole remedy is to (i) cease all use of the Services; and (ii) where you have purchased Pre Paid Calling Services, to contact us no later than one working day after expiry of the Notice Period to cancel your Pre Paid Calling Service. Where this happens, you shall only be entitled to a refund of the unused portion of your Pre Paid Calling Service. Your continued use of the Services after the expiry of the Notice Period constitutes an agreement by you to abide by and be bound by the Changes.
9. Invalidity and inconsistency
If any part of these terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected. In the event any terms contained on the Services or within our website conflicts with these terms and conditions, then these terms and conditions will prevail to the extent of such inconsistency.
10. Complaints
10.1. There may well be occasions when you are unhappy with the Services that we provided to you. In these cases, we will endeavour to be fair and efficient in handling any complaint you should have and to process your complaint confidentially.
10.2. If you have a complaint, please send us a letter to Just Dial Department, New Call Telecom Limited, 6 Snow Hill, London, EC1A 2AY.
10.3. We will endeavour to give you an answer within 5 working days and will provide you with a likely timescale for resolving the dispute. We will keep you informed about the progress of your complaint.
10.4. In the event that we are unable to resolve your complaint or if you require further information, you may contact the Telecommunications Ombudsman, further details of which can be found at www.otelo.org.uk. Your complaint will be dealt with under New Call Telecom's membership of Otelo and you should quote this in all correspondence with Otelo.
11. Notices
If we need to provide you with notice, this will be done via our website. You should therefore look at our website on a regular basis. In the event that you have purchased one of our Pre Paid Calling Services or Just-Dial Unlimited via a mobile phone, we may also give you notice by sending an SMS message to the mobile phone through which you purchased the Pre Paid Calling Service or in the event that you have made your mobile phone number available to us in respect of any of the services. You may give us notice in writing, by sending a letter to Just Dial Department, New Call Telecom Limited, 6 Snow Hill, London, EC1A 2AY.
12. Miscellaneous
12.1. You cannot transfer or try to transfer any rights or obligations under these Conditions of Service to anyone else unless we agree in writing.
12.2. We reserve the right to assign or subcontract any of our rights or obligations under this Agreement.
12.3. Except in the case of any permitted assignment of this Agreement under Clause 12.2, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Agreement.
12.4. No Waiver: If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.
13. Governing law
These terms shall be governed by and interpreted in accordance with English law and the courts of England shall have exclusive jurisdiction to resolve any disputes between us.
14. Entire agreement and relationship
These Conditions of Use (as amended from time to time), together with any Special Terms of Use applicable to any specific Services, contain the entire agreement between you and us relating to your use of the Services and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between you and us in relation to such matters.
The Services are provided by New Call Telecom Limited, a company registered in England and Wales under the number 7298834 with registered office located at c/o Collards, 2 High Street, Kingston upon Thames, Surrey, KT1 1EY.

TERMS AND CONDITIONS AGENTS

Just-dial Business Partner
Terms & Conditions

1. Just-dial retains exclusive ownership of all elements of the service, intellectual property, the users and information concerning the services and users.
2. Just-dial reserves the right to terminate or modify the just-dial service, by giving at least 7 days notice on the web (unless urgently required).
3. The Business Partner shall during the continuance of his membership be entitled to market the just-dial service subject to just-dial's direction.
4. Just-dial shall during the continuance of this Agreement:
(a) Use reasonable efforts to meet the Business Partner's orders promptly, subject to availability and its other rights in this Agreement;
(b) Pay commission payments in accordance with the just-dial Commission Plan as modified from time to time and subject to a minimum commission of £10.00 being payable to the Business Partner. Commission maybe withheld if in any 3 month period the increase in usage over the previous 3 month period is below 15%.
 5. The Business Partner is not and shall not hold himself out as an employee or statutory agent of just-dial but is, and shall at all times act as, the principal of his own independent business.
6. The Business Partner shall operate his business in a lawful and ethical manner and comply with the codes of the Direct Selling Association and any other applicable codes and legislation.
7. The Business Partner hereby acknowledges that he is not under any circumstances neither authorised nor permitted to make representations on behalf of or incur liabilities on behalf of just-dial.
8.
(a) The Business Partner shall at all times comply with just-dial's policies and procedures as set out in any Conduct Instructions provided by just-dial. The Conduct Instructions can be modified by just-dial in such manner as it reasonably thinks fit on 7 days' notice. The Conduct Instructions form part of this Agreement.
(b) Just-Dial has the right not to pay commission or bonus of minimum orders, if their frequency or the number of customers introduced falls below any minimum set by the Company from time to time. Just-Dial may set off any amount due from just-dial to the Business Partner from any amount due from the Business Partner to just-dial.
(c) The Business Partner agrees should any commission remain unclaimed by the Business Partner from Just-Dial for a period exceeding 21 days (from the date of such commission being due), the Business Partner shall automatically waive his right to claim such commission payments and Just-Dial shall reserve the right to write-off any such unclaimed commissions.
(d) It shall be the Business Partner's responsibility to keep Just-Dial informed of any changes to his billing details, in order to enable Just-Dial to maintain correct records and issue appropriate payments to the Business Partner.
(e) Any notice, request, instruction or other document to be given hereunder shall be delivered or sent by first class post or by electronic or facsimile transmission to the contact details of each party and any such notice or other document shall be deemed to have been served (if hand-delivered) at the time of delivery, (if sent by post) upon the expiration of 48 hours after posting and (if sent by electronic or facsimile transmission) upon the expiration of 12 hours after dispatch.
9. The Business Partner shall not make any misleading, false or exaggerated claims about the just-dial business opportunity or just-dial products and services and shall not describe just-dial's products or services or make any warranties in relation to them except in terms authorised by just-dial in writing.
10. More than 100,000 calls per month requires written approval.
11. This Agreement shall remain in force from the date hereof and continue until terminated by either Party on provision of 30 days' prior written notice.
12. The Business Partner shall pay all amounts owing to just-dial within 30 days of the date of invoice.
13. Immediate termination of this Agreement by just-dial shall be permitted where:
(a) The Business Partner engages, whether directly or indirectly in any other business opportunity involving the marketing of telecommunications services or of similar products, discounts and/or services (including pre-paid calling cards) to those provided by just-dial;
(b) The Business Partner signs or purports to sign any contract, agreement or other document whatsoever on behalf of New Call Telecom Limited;
(c) The Business Partner uses any printed material (other than personal stationery) which has not been specifically authorised by just-dial;
(d) The Business Partner promotes any goods, business or service which may in any way conflict with just-dial and has not obtained just-dial's prior consent to do so;
(e) The use by Business Partner of media advertising which has not been specifically sanctioned by just-dial.
(f) If the submitted forecast for calls per month is exceeded;
(g) Such other matters, as just-dial, in its reasonable opinion, deems serious enough to warrant immediate termination; and
(h) The Business Partner has failed to pay just-dial pursuant to clause 12 above.
14
(a) Either party has the right to terminate this Agreement forthwith by written notice to the other at the other's address if any of the following events shall occur:
(i) the other party is in breach of any of his or its obligations hereunder; or
(ii) the other becomes bankrupt or insolvent or makes any composition or arrangement with his or its creditors OR a receiver is appointed to any of the assets of the other.
(b) Either the business partner or just-dial may terminate this agreement on giving at least 30 days' prior written notice to the other without cost or penalty to either party.
15. The address of just-dial for the purpose of service of notices and return of goods shall be Just Dial Department, New Call Telecom Limited, 6 Snow Hill, London, EC1A 2AY.
16. Save as expressly provided by this Agreement just-dial shall not be liable for any debts or liabilities whatsoever incurred by the Business Partner whether or not the same have been incurred during the term of this Agreement.
17. No person under the age of 18 years is eligible to become a Business Partner of just-dial and any Agreement purported to be signed by such person shall be null and void.
18. This Agreement and the Conduct Instructions shall constitute the whole of the contract between just-dial and the Business Partner.
19. It is an express term of this Agreement that the Business Partner shall not be entitled (without the written consent of just-dial) to make any alteration or amendment whatsoever either to the Agreement or to any official promotional or marketing literature nor shall the Business Partner suffer or permit any other person to make any such alteration or amendment.
20. If any provision of this Agreement shall be found to be invalid or unenforceable, the same shall not affect the validity or enforceability of this Agreement as a whole, which shall in such a case be construed as though the invalid or unenforceable provision had been omitted.
21. This Agreement shall be construed according to English law.
22. Just-dial's liability to Business Partner in respect of breach of this Agreement and/or negligence shall be limited £10,000 for any single event or series of events in any period of 12 calendar months whether connected or unconnected. just-dial shall not be liable for any indirect or consequential loss or damage. This clause does not seek to exclude liability for death or personal injury.
23. Number disconnections and related commissions. Just-dial reserves the right to claw back and/or disconnect any and all numbers or text message keywords and related commissions that:
(a) Just-dial has reasonable grounds to believe are or have been used to commit a fraud;
(b) are subject to the issuance of a notice by BT group that numbers and revenues stated represent traffic profiles consistent with AIT indicators notified by BT to just-dial ;
(c) are requested or ordered to be disconnected by Phone Pay Plus or OFCOM;
(d) are required to be disconnected by law; or
(e) are deemed by just-dial to be inappropriate or offensive.
Just-dial has the right to withhold all commissions from any Business Partner that has a number that has been clawed back or disconnected for any of the above reasons.
24. Price band changes
(a) Just-dial reserves the right to add or withdraw any destinations from any price band without notice.
(b) If a destination is added to a price band below the current one just-dial will inform all agents/affiliates of the change. The destination will continue to be available in the higher banding. If Business Partner is already reselling the lower price band number, he or she can take action in relation to existing customers and /or ongoing marketing. If the Business Partner does not have the lower price band number, they may apply for it on-line.
(c) If a destination is added to a price band above the current one just-dial will inform all Business Partners of the change. The destination will be removed from the lower banding. If a Business Partner is reselling the lower price band number, he or she must take action in relation to existing customers and /or ongoing marketing. If a Business Partner is already reselling the higher price band number, he or she can take action in relation to existing customers and / or ongoing marketing. If the Business Partner does not have the higher price band number, they may add it to their number range.
25. Promotional Literature
(a) Just Dial Instant; the just-dial business partner is required to ensure that:
(i) all promotional material must include the full cost of using the service and must be prominent, clearly legible, visible and proximate to the Just Dial Instant Access Numbers;
(ii) all promotional material explains clearly how to use the service;
(iii) all promotional material warns that a charge is incurred even if the international number is engaged or the call is not answered;
(iv) all promotional material must advise callers to replace the handset after a short period if they hear an engaged or unanswered ringing tone; and
(v) all promotional material must warn callers to obtain the bill payer's permission prior to using the service;
(vi) all promotional material must contain a UK non premium rate contact number;
(vii) all promotional material must contain the Service Provider’s Name; New Call Telecom Limited;
(b) Topup2talk; the just-dial business partner is required to ensure that:
(i) all promotional material must include the full cost of using the service and must be prominent, clearly legible, visible and proximate to the premium rate top up number, short code or other means of access to the topup2talk service;
(ii) all promotional material explains clearly how to use the service;
(iii) all promotional material must warn customers to obtain the bill payer’s permission prior to using the service;
(iv) all promotional material must explain to the customer that calling credit will expire following 90 days of non use of the service;
(v) all promotional material must explain to the customer that the service may be used from the mobile number or landline number used for obtaining calling credit or from another phone using a PIN;
(vi) all promotional material must contain a UK non premium rate contact number;
(vii) all promotional material must contain the Service Provider’s Name; New Call Telecom Limited;
(c) JD Unlimited; the just-dial business partner is required to ensure that:
(i) all promotional material must include full pricing information and must show that the service is a subscription service, the cost of subscription to the service and frequency of the billing period. This information must be prominent, clearly legible, visible and proximate to the short code or any call to action;
(ii) all promotional material must include opt-out information. This information must be prominent, clearly legible, visible and proximate to the short code or any call to action;
(iii) all promotional material clearly shows how to use the service;
(iv) all promotional material must clearly explain that the service can only be used from the mobile number used for subscription to the service;
(v) all promotional material must warn customers to obtain the bill payer’s permission prior to using the service;
(vi) all promotional material must contain a UK non premium rate contact number;
(vii) all promotional material must contain the Service Provider’s Name; New Call Telecom Limited;
26. Compliance with regulations
(a) All Business Partners for the provision of Just Dial Instant, Topup2talk and JD Unlimited services (for the purposes of this clause, the “Premium Rate Services”) must observe the PhonepayPlus Code of Practice (the “PPP Code”) (a copy of which can be found on the PhonepayPlus website http://www.phonepayplus.org/) and the Code of Practice for Service Delivery of Common Mobile Shortcodes in the UK for all Communications Media (a copy of which can be found at the Shortcode Management Group’s website at http://www.short-codes.com/pages/documents.php) (the “SMG Code”) and O2’s Audit Standards for the operation and promotion of services on their network  togther with their charging policy for red and yellow cards for any breach of the Audit Standards (together the “Codes”).
(b) In the event that the Business Partner sub-allocates numbers, the Business Partner must incorporate into any contracts that are made with any other Party for the provision of Premium Rate Services provisions requiring such other Party to observe the Codes (and to provide such other Party with a copy of the current editions of the Codes) and enabling just-dial to enforce any sanctions imposed under them.
(c) Where PhonepayPlus advises just-dial of a breach of the PPP Code by a Business Partner using the telecommunications network provided or operated by New Call Telecom Limited, just-dial will be allowed to:
(i) act upon any request or recommendation PhonepayPlus makes for access to be barred to all or any of the Premium Rate Services of the relevant Business Partner for such period or periods as PhonepayPlus shall require in writing insofar as such action is in accordance with the PPP Code; and
(ii) withhold all sums payable to the relevant Business Partner until such time as the Business Partner pays to PhonepayPlus all sums due to meet fines, administrative charges or other sums payable to PhonepayPlus under the PPP Code and to itself pay the sums due to PhonepayPlus on behalf of the Business Partner out of monies withheld (as notified by PhonepayPlus in writing to New Call Telecom Limited).
(d) Where just-dial is advised of a breach of the SMG Code by a Business Partner using the telecommunications network provided or operated by New Call Telecom Limited, just-dial will be allowed to:
(i) set off against any monies, including commissions, due to the Business Partner any fines imposed by the Shortcode Management Group against just-dial as a result of the breach by the Business Partner of the SMG Code; and/or
(ii) reclaim, on a full indemnity basis, the amount of any fine imposed by the Shortcode Management Group against just-dial as a result of the breach by the Business Partner of the SMG Code.
(e) Where just-dial is advised of a breach of O2’s Audit Standards for the operation and promotion of services on their network together with their charging policy for red and yellow cards for any breach of the Audit standares by a Business Partner using the telecommunications network provided or operated by New Call Telecom Limited, just-dial will be allowed to:
(i) set off against any monies, including commissions, due to the Business Partner any fines imposed by O2 against just-dial as a result of the breach by the Business Partner of O2’s Audit Standards; and/or
(ii) reclaim, on a full indemnity basis, the amount of any fine imposed by the O2 against just-dial as a result of the breach by the Business Partner of O2’s Audit Standards.
27. Number claw back
(a) Commission accrued to a Business Partner terminates at the end of the calendar month in which the number or text message keyword is clawed back by just-dial. The payment of that final accrued commission is payable under the standard payment terms for just-dial.
(b) Just-dial reserves the right to claw back, without notice, a specific number or text message keyword if the total traffic through that specific number allocated to that specific Business Partner falls below the criteria below:
(i) In the fifth calendar month the traffic on a specific just-dial number must exceed 5,000 minutes or, for a top-up number /text message keyword, must exceed 200 top-ups for that month. Any time after that if traffic falls below 5,000 minutes for three consecutive months the number may also be clawed back; or
(ii) For the purposes of the above the first calendar month will be deemed to be the month that contained the day the Business Partner was informed of their specific number having been activated.
28. Anti-bribery
28.1 The Business Partner shall:
(a) Comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (‘Relevant Requirements’);
(b) not engage in any activity, practice or conduct which would constitute and offence under sections 1, 2 or 6 of the Bribery Action 2010 if such activity, practice or conduct had been carried out in the UK;
(c) have and shall maintain in place its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements, relevant polices and will enforce them where appropriate:
(d) promptly report to just dial any request or demand for any undue financial or other advantage of any kind received by the Business Partner in connection with the performance of this agreement;
(e) immediately notify just dial (in writing) if a foreign official becomes an officer or employee or acquires a direct or indirect interest in it.
28.2 The Business Partner shall ensure that any person associated with it who is performing services or providing goods in connection with this agreement does so only on the basis of a written contract  which imposes on and secures from such person terms equivalent to those imposed on it in this clause (28 Anti-bribery). The party shall be responsible for the observance and performance by such persons of such terms, and shall be responsible directly liable to just-dial for any breach by such persons of any of the relevant terms.
28.3 Breach of this clause shall be deemed a material breach.
The term "Business Partner" used in this agreement is for descriptive and marketing purposes only. Nothing in this Agreement is intended to express or imply the existence of any partnership, joint venture or collaboration other than as contained in the express terms of this Agreement.
Just-Dial is a Trademark and trading style of New Call Telecom Limited a company incorporated and existing under the laws of England and Wales, with company number 7298834 whose registered office is at c/o Collards, 2 High Street, Kingston upon Thames, Surrey, KT1 1EY.
Email: care@just-dial.com


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