This sets out the terms and conditions on which Finarea SA trading as call13434 (registered in Switzerland with number CH-514.3.024.457-9/) ("call13434") will provide Indirect Access telecommunications services (the "call13434 service ") to you, the customer with whom we make this Contract ("you"). By using the call13434 Service or its website(s) you agree to the following terms and conditions.

Definitions and Interpretation

The following definitions apply to the Indirect Access Service to which you subscribe under this Contract (unless the context requires otherwise):

"Access Code" means the indirect access code as specified on our website that allows you to access the call13434 Service;

"Charges" mean the charges for the Indirect Access Services as set out in the Price List or communicated to you by any other means;

"Contract" means the contract application which you completed on our website (www.call13434.com), these Terms and Conditions and the Price List;

"call13434 Service" means the Indirect Access Service provided to you from time to time by call13434 under the terms of this Contract, enabling you to make calls using the Access Code;

"Registered telephone number(s)" means the fixed line telephone number(s) you have registered to access the call13434 Service.

Introduction

If you register for any service offered on this website, you should carefully read the terms and conditions. You will have accepted the terms and conditions of our service:

1. by completing the registration form;
2. by entering the call13434 website;
3. when you log in to your account;
4. by subscribing to any of our services;
5. by using any of our services.

Disclaimer of liability

We do not accept any responsibility for any statement in any published material (including emails and text messages). You should not rely on any statement that we have published without making your own enquiries first.
We will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the published material or any part of it.
Websites operated by call13434 may contain links to other sites. Please be aware these sites are not under our control and call13434 is not responsible in any way for the privacy practices or contents of such other sites.
We do not warrant that our website (www.call13434.com) or any of its contents is virus free. You must take your own precautions in this respect.
We will not be liable for any loss incurred as a result of service failure in any way.

Use of Personal Information

Information you provide or we hold about you may be used by us and/or our partners to

1. contact you by any means (including mail, telephone, email or text messages) about improved or any other services and products, provided by us, or our partners, now or in the near future;
2. carry out marketing analysis and customer profiling and create statistical and testing information;
3. help us to prevent and detect fraud or loss.

We may disclose information we hold about you to third parties for the purpose of providing services you have requested, as part of the process of sale of one or more of our businesses, or where legitimately requested for legal or regulatory purposes, as part of legal proceedings or prospective legal proceedings. From time to time, these third parties may be located outside the EEA in countries which do not have the same standards of protection for personal data as the Ireland.
If you provide false or inaccurate information and we suspect fraud, we will record this. We, and other credit organisations, may use technology to detect and prevent fraud.

Registration

Access to registration is via your customer number and telephone number.
Your access to the registration areas of this website is on the basis that

1. your customer number is personal to you and may not be used by anyone else;
2. you will not do anything which would assist anyone who is not a registered user to gain access to any customer account area of call13434;
3. you do not maliciously create additional user names for the purpose of abusing the functionality of the site, or other users;
4. you do not seek to pass yourself off as another user by registering a different customer number;
5. you comply with these terms and conditions.

Use of your call13434 account

You must at all times keep your call13434 customer account details confidential and secure. You must tell us immediately if your call13434 customer account details are disclosed to any unauthorized person. You acknowledge that we may disclose any information in connection with your account to anyone who correctly quotes your call13434 customer account details.
You shall not:

1. use, nor allow any other(s) to use the call13434 services for any improper, immoral or unlawful purposes;
2. use, nor allow any other(s) to use the call13434 services to send a communication which is, or is intended to be a hoax call, or which is defamatory, offensive, abusive or obscene;
3. use, nor allow any other(s) to use the call13434 services fraudulently or illegally;
4. resell to third parties.

If you discover that someone has used your call13434 account without your or our permission, you should notify us at the first possible opportunity, otherwise you may be held liable by us for any losses that you suffer or incur as a result.

The call13434 Service

Although we will do our utmost to provide continuous, uninterrupted access to the call13434 service we cannot and do not guarantee this. We accept no responsibility for any interruption or delay.
We may, and at our discretion and at any time, impose a credit limit on your account and/or require payment of a security deposit or interim payment by you.
Any credit limit imposed can be done so without prior notice. Any credit limit imposed may furthermore be amended without prior notice. If you exceed any such credit limit we may demand immediate payment of the charges and/or suspend your access to the call13434 service. You will still be responsible for all charges incurred including those exceeding the credit limit.
We withhold the right to decline applications for the call13434 Service and/or suspend your access to the call13434 service at any time and without prior notice.

Charges and Payment

We withhold the right to vary any charges or rates at any time by posting the resulting price changes on our website or otherwise giving you notice. All Charges are subject to any applicable Ireland tax or duty, including Value Added Tax, at the prevailing rate.
There is a connection fee in respect of any call made using the call13434 Service which is published on the call13434 website at all times. The call13434 Service is billed in one-second increments and all call Charges are rounded to the nearest cent.
Before each call you make the operator will inform you of the call charges per minute for the destination you are calling. The played tariff message prevails over any publicised rate on the call13434 website, printed publication or other means of advertising. This tariff message itself is free of charge, therefore if you do not agree with the played tariff message charge, immediately hang up before your call is connected and you will not be charged for the call.
You accept that:

1. any use of the call13434 Service by any person to make telephone calls from any registered telephonenumber nominated by you is deemed to be authorised by you;
2. we will bill you for and you are responsible for payment of any charges arising from any such use unless, upon becoming aware of such use, you notify us at the first possible opportunity.

We will normally publish your invoices for the call13434 Service on a monthly basis. We may vary billing frequency or demand payment at any other time.
Unless we have agreed otherwise, payment is due in full for use of the call13434 Service on the registered telephone number(s) nominated by you and you must pay any bill for Charges arising from such use.
If you do not pay the invoice(s) on time, we may:

1. suspend or terminate (at our discretion) your call13434 account and your use of this;
2. charge you interest on the overdue amount(s) at the rate of 3% per annum above base rate. Interest is calculated and accrues daily. We may charge an administrative fee of €2 (which we may vary from time to time in accordance with clause 9 below) to cover costs that we incur as a result of payment(s) being received after the due date.

Changing the Contract

We may vary the terms and conditions of this Contract at any time by posting the changes on our website. You agree that, if you decide to use the call13434 Service after any amendments to the terms and conditions of this Contract have been posted on our website, you will be bound by the terms and conditions of this Contract as varied. Should you not agree with any amendments to the terms and conditions immediately cease to use the call13434 service and terminate your account without delay as described in clause 'ending the contract' below.

Ending the Contract

You may end this Contract for the call13434 Service by cancelling your subscription via our website or by calling our customer services telephone number 1800 820 134 from your registered telephone number(s).
We may end this Contract for the call13434 Service: (i) by giving you 30 calendar days' prior notice; or (ii) immediately if:

1. you do not pay any Charges on time or you breach a materially important term or condition of this Contract;
2. you fail any credit or fraud prevention check or we have good reason to suspect fraud or money laundering;
3. we have good reason for believing that any information you have given us is false or misleading;
4. you are the subject of any bankruptcy or insolvency proceedings; or
5. despite our reasonable efforts the call13434 Service is no longer available to us.

If this Contract ends for any reason:

1. we will terminate your access to the call13434 Service;
2. we will debit all unbilled Charges for telephone calls made from the registered telephone number(s) nominated by you using the call13434 Service prior to termination of your access to the call13434 Service; and
3. neither you nor call13434 shall lose any rights accrued under this Contract prior to it ending.

Events Beyond our Control

We shall not be responsible for any delay or failure to carry out our responsibilities under this Contract for reasons beyond our reasonable control, including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions.

Third Party Rights

A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

Assignment

You may not assign any of your rights or obligations under this Contract without our prior written consent. We may, at any time, obtain an alternative provider to provide the call13434 Service to you. You agree to the assignment of our rights and obligations under this Contract to that alternative provider, provided that the level of service that you experience is not significantly reduced as a result, and authorise us to execute on your behalf any documents necessary to give effect to any such assignment.

Waiver

If at any time we do not require you to comply with any part of this Contract, this will not prevent us from doing so in the future.

Enforceability

If any part of this Contract (including any provision in which we exclude or limit our liability to you) is deemed unenforceable by any Court or other competent body or authority, the enforceability of any other part of this Contract will not be affected.

Notices and Communications

Any notice under this Contract, whether required to be written or otherwise, may be given by us to you by post, personal service, email or SMS messaging to any address, email address or phone number you have given us to correspond with you, or by posting it on our website. You must give notices to us by email to the relevant address set out on our website.

Entire Agreement

This Contract represents the entire agreement between you and us in relation to the call13434 Service and shall supersede all previous agreements.

Law

The laws of Ireland apply to this Contract.

09/02/04 v2