1. Service In this Agreement” Service” means such telecommunications and internet service referred to in this document and other products and services as Primus Planet Talk may provide from time to time to the person(s), firm or company requesting the Service or named as such in the application form requesting the Service (‘the Customer’) enabling calls to be made by means of the Primus Planet Talk network and such additions or variations thereto as Primus Planet Talk may stipulate. The Service may either be paid for in advance by the Customer (‘Anyphone Saver Service’) or paid in arrears (‘Post Paid Service’) or as may be agreed with Primus Planet Talk in writing. Where the Customer is two or more persons each of those persons shall be jointly and severally liable for the performance of the obligations of the Customer under this Agreement. Primus Planet Talk is a division of Primus Telecommunications Limited whose registered office is at 4 Victoria Street London SW1H 0GT.

2. Duration This Agreement shall come into full force and effect from the date of acceptance by Primus Planet Talk and shall continue for a minimum period of 12 months, unless otherwise specifically agreed on the application form or unless otherwise stated in the terms and conditions. The Agreement may be terminated by either party on prior written notice in accordance with Condition 11.1 and 11.2. The Customer may withdraw from this agreement within 7 working days of commencement by giving notice in writing to Primus Planet Talk. The above right of withdrawal can not be exercised upon use of the Service by the Customer even if use is within 7 working days of commencement of this Agreement.

3. Payment 3.1 The prices for the Service shall be as stated in Planet Talk’s tariff sheets as current from time to time. All prices are inclusive of VAT. Although Primus Planet Talk will endeavour to give not less than fourteen days’ prior written notice to the Customer of any changes in prices, in the event of a change in rates without prior notification, the Customer will subsequently be informed of such change within thirty days. Rates displayed in advertisements promotional literature tariff sheets and elsewhere are shown in pence per minute. All sums due to Primus Planet Talk under this Agreement shall be paid in full by the Customer without any set-off or counterclaim whatsoever except as required by law.
Anyphone Saver
3.2 Minimum period does not apply. The agreement for the Anyphone Saver service shall come into full force and effect from the date of acceptance by Primus Planet Talk of the initial payment on signature of the application form or on first use of the Anyphone Saver Service by the Customer whichever is earlier. The Customer must pay an initial payment to Primus Planet Talk upon application for a Service (the ‘Initial Payment’). Primus Planet Talk will credit the Initial Payment against the Customer’s account.
3.3 The Initial Payment must be for an amount not less than £10 or as otherwise notified in writing or as specified in any literature as current from time to time.
3.4 This amount can be increased or topped-up at any time by making further contributions in the multiples of not less than £5 or in such multiples as may be specified in any literature as current from time to time. Subject to the deduction of £5.00 to cover Primus Planet Talk’s administrative expenses Primus Planet Talk will refund the Customer by re-crediting its credit card or issuing a cheque within 30 days of a written request for the same from the Customer. Any such written request must be marked for the attention of the “The Revenue Department”, to Primus Planet Talk, P.O Box 25169 Glasgow G1 4YR.
Any credit on a customer’s account which remains unused after 6 months from the date of such credit, shall expire and will not be refundable. Any bonus or promotional credit entered on an account shall be non-refundable in any event. No credit will be refunded where the amount of the credit is less than Planet Talk’s administrative expenses in dealing with the request for credit.
3.5 Customer may only make use of the Service so long as there is a prepaid credit balance in favour of the Customer in the Primus Planet Talk account.
3.6 Anyphone Saver calls are billed per minute.
3.7 The Customer can obtain an itemized statement in respect of the Anyphone Saver Service upon payment of a fee of £2.00 per monthly statement.
Home Phone Saver
3.8 The Customer shall be invoiced monthly by Primus Planet Talk for all charges under this Agreement incurred in the preceding month unless Primus Planet Talk, at its discretion, chooses to invoice the Customer quarterly. Post -Paid calls are charged per second. Payment is due within 14 days of the date of the invoice. If the Customer has previously made late payment of invoices Primus Planet Talk may require payment to be made in advance without any applicable discounts pursuant to the Home Phone Saver Service. Customers must pay by direct debit from their bank or automatic payment from their credit card on the last day of each month. If the Customer seeks to pay by any method other than direct debit or automatic payment from their credit card acceptance is at the absolute discretion of Primus Planet Talk who may charge an additional administrative fee of £5 or such other amount as may be notified in respect of each such payment made which is not by direct debit or automatic payment from their credit card. The time of payment for all sums due to Primus Planet Talk under this Agreement shall be of the essence of the Agreement. The Customer is liable for all charges arising out of the use of the Services whether such use is authorised by the Customer or not.
3.9 Primus Planet Talk reserves the right to charge interest on all outstanding amounts owed to Primus Planet Talk and not paid in accordance with this Agreement. Until payment in full is received by Primus Planet Talk interest shall be charged at the rate of 4% above Barclays Bank PLC’s base rate for the time being per month. Interest shall accrue notwithstanding termination of this Agreement for whatever reason. The Customer shall also pay all legal fees on a full indemnity basis and other costs of collection of overdue amounts, if any.
3.10 All charges payable under this Agreement shall be calculated by reference to data recorded or logged by Primus Planet Talk and not by reference to data recorded or logged by the Customer.

4. E-billing The following additional provisions will apply with respect to Customers who receive the e-billing service This service is a simple and secure way to view and pay for all the Primus Planet Talk services using the Internet.
4.1 The Customer may elect to access bills online through Primus Planet Talk’s secure website at www.planet-talk.co.uk. The website is accessed by way of account number (provided on sign-up to e-billing) and password. e-billing is only available to Customers with a current valid email account who pay by direct debit or credit card and continue to do so.
4.2 The Customer will be advised by e-mail each time a new bill is available for viewing. The Customer is responsible for ensuring the e-mail address provided to Primus Planet Talk is valid and current at all times. The Customer is responsible for accessing each bill via the web interface . Each bill will be available to be accessed via the web site for 6 months.The Customer may print or download bills from the website for the Customer’s personal use.
4.3 Primus Planet Talk reserves the right to charge the Customer a reasonable amount if:
4.3.1 the Customer has elected e-billing and subsequently requests a paper bill;
4.3.2 Primus Planet Talk is required to send a paper bill as a result of failure of the automated payment method or failure of the Customer to update the email address provided; or
4.3.3 the Customer requests retrieval of data more than 6 months old.
4.4 Primus Planet Talk may at any time withdraw the e-billing service by notice in writing to the Customer and the Customer will be returned to paper billing.
4.5 Except as expressly stated in this clause, provision of e-billing does not otherwise affect the application of these terms and conditions.
4.6 E-billing is only guaranteed to work on windows operating systems running internet explorer 5.5 and above

5. Use of Service
5.1 The Customer undertakes to use the Service in accordance with such conditions as may be notified in writing to the Customer by Primus Planet Talk from time to time.
5.2 The Customer undertakes not to use the Service:
5.2.1 as a means of communication for a purpose other than that for which the Service is provided or as may be set out from time to time in Primus Planet Talk’s Service literature; or
5.2.2 for the transmission of any material which is or is intended to be a hoax call to emergency services or is of a defamatory, offensive, abusive, obscene or menacing character; or
5.2.3 in a manner which constitutes a violation or infringement of the rights of any other party.
5.3 The Customer shall indemnify Primus Planet Talk against all liabilities, claims, damages, losses and expenses arising from or in any way connected with any use prescribed in this Condition.
5.4 The Customer is responsible for keeping Primus Planet Talk updated of any change in personal information held by Primus Planet Talk.

6. Promotions
6.1 Primus Planet Talk may from time to time advise the Customer of details of promotions. Such promotions may make available to the Customer discounted rates and/or preferential terms and/or special offers applicable to the Service.
6.2 Any such promotion will be available subject to such terms and conditions as Primus Planet Talk notify to the Customer in writing.
6.3 Primus Planet Talk may offer any promotion selectively and at its complete discretion.
6.4 Primus Planet Talk may withdraw or alter any promotion if it wishes on giving reasonable notice if appropriate.

7. Privacy Policy
7.1 In the case of any Customer who is an individual about whom Primus Planet Talk processes personal data (as defined in the Data Protection Act 1998), the following shall apply:
7.1.4 In the same circumstances, Primus Planet Talk may search the files of credit reference agencies, who may keep a record of the search and the Customer authorises Primus Planet Talk to do so.
7.1.5 Information about the Customer’s debts owed to Primus Planet Talk may be disclosed to credit reference agencies where: the Customer has fallen behind with its payments; the amount owed is not in dispute; the Customer has not made proposals satisfactory to Primus Planet Talk for repayment of its debt following formal demand; and the Customer has been given at least 28 days’ notice of its intention to disclose.
7.1.6 Primus Planet Talk may process customer information with the Service for the prevention or detection of fraud, and to deal with customer enquiries.
7.1.7 If the Primus Planet Talk account is a joint account held by two or more persons, Primus Planet Talk may share information about the Customer and the conduct of the joint Primus Planet Talk account with the other person(s). Primus Planet Talk may share information about the Customer and the conduct of the Primus Planet Talk account with any person to whom Primus Planet Talk transfers its rights or obligations under this Agreement.
7.1.8 Primus Planet Talk may share Customer’s personal information with other companies. For example, Primus Planet Talk may use specialist companies to conduct market research on its behalf to see how Primus Planet Talk can improve the services it offers. However, those companies can only process this information according to the instructions Primus Planet Talk gives them.
7.2 By entering into this Agreement, the Customer expressly agrees to the use of personal data for the purposes described in sub-clauses 7.1.1 to 7.1.8.
7.3 To help improve Primus Planet Talk’s service and in the interests of security it may monitor and/or record the Customer’s telephone calls with it.

8. Provision of Information The Customer undertakes promptly to provide Primus Planet Talk free of charge with all information and co-operation that Primus Planet Talk may reasonably require to enable it to proceed without interruption with the performance of its obligations under this Agreement.

9. Liability
9.1 Nothing in this Agreement shall exclude or restrict Primus Planet Talk liability for death or personal injury resulting from the negligence of Primus Planet Talk or its employees while acting in the course of their employment.
9.2 Subject to Condition 9.3 Primus Planet Talk shall be liable for damage to the property of the Customer caused by any negligent act or omission of Primus Planet Talk or its employees provided that such liability of Primus Planet Talk in contract, tort or otherwise, including negligence, howsoever arising out of or in connection with the performance of Primus Planet Talk’s obligations under this Agreement shall be limited to £20,000 for any one incident or £50,000 for any series of incidents arising from a common cause in any twelve month period.
9.3 Primus Planet Talk shall not be liable to the Customer in contract, tort or otherwise, including negligence, for any corruption or destruction of data, loss of revenue, business, goodwill, anticipated savings, profit or for any financial loss whatsoever or for any indirect or consequential loss howsoever arising even if advised of the possibility of such loss or damage arising.
9.4 In the event that Primus Planet Talk fails, for any reason, to provide the Service, Primus Planet Talk shall not be liable to the Customer for any charges incurred by the Customer should the Customer divert their telephone calls to another carrier.
9.5 The provisions of this Condition 9 shall continue to apply notwithstanding termination of this Agreement.
9.6 The Customer shall be liable for all charges and fees arising from use of the Services whether authorised or unauthorised unless such unauthorised use is wholly attributable to an act or omission of Primus Planet Talk
9.7 Primus Planet Talk shall not be liable for any loss, damage or inconvenience suffered by the Customer as a result of any suspension made save where the suspension made is solely and directly attributable to the negligence of Primus Planet Talk.

10. Availability
10.1 Primus Planet Talk will use all reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the standards for the time being relating to the Service set out in Primus Planet Talk’s Service literature.
10.2 Primus Planet Talk shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by the Customer.
10.3 A fault shall be deemed to have commenced upon its notification to Primus Planet Talk.
10.4 A fault shall not be deemed to have occurred where such fault is attributable to the act or omission of the Customer, Force Majeure Events, Service suspensions or the failure or malfunction of Customer Equipment.
10.5 The Customer shall pay all reasonable costs incurred by Primus Planet Talk in investigating and remedying any fault which is attributable to: (i) the negligence, act, omission, breach, or fault of the Customer, or (ii) the failure or malfunction of Customer Equipment.

11. Termination
11.1 Without prejudice to their rights under this Agreement Primus Planet Talk and the Customer shall have the right to terminate this Agreement forthwith in the event that:
11.1.1 The other party is in default in its performance or observance of any of its obligations under this Agreement and in the case of a remediable breach, fails to remedy the breach within a reasonable time specified by the non-defaulting party in its written notice to do so;
11.1.2 An interim order is applied for or made or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented or a bankruptcy order is made against the other party, or if a receiver or trustee in bankruptcy is appointed of the other party’s estate or a voluntary arrangement is proposed or approved or an administration order is made, or a receiver or administrative receiver is appointed of any of the other party’s assets or undertaking or a winding-up resolution or petition is passed or presented (otherwise than for the purposes of reconstruction or amalgamation) or if any circumstances arise which entitle the court or creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order; or
11.1.3 either party serves not less than 30 days written notice of termination upon the other.
11.2 Without prejudice to its other rights, Primus Planet Talk may disconnect , suspend the Service, and or terminate this Agreement by notice in writing to the Customer in the event that:
11.2.1 The Customer fails to make any payment when it becomes due to Primus Planet Talk; or
11.2.2 if Primus Planet Talk ceases to adhere to General Conditions.
11.2.3 the Customer does not use the Service for 6 consecutive months.
11.2.4 In the event of termination by Primus Planet Talk under Conditions 11.1.1, 11.1.2, 11.1.3, 11.2.1
11.2.5 Primus Planet Talk is obliged to comply with an order instruction or request of government, an emergency service organisation or other competent authority.
11.2.6 The Customer is suspected, in Primus Planet Talk’s reasonable opinion, of involvement with fraud or attempted fraud or acts which are defamatory, offensive, blasphemous, abusive, obscene or menacing character in connection with use of the Service.
11.2.7 Primus Planet Talk needs to carry out emergency works to the Service or its network
11.3 Primus Planet Talk shall be entitled to recover from the Customer all costs, losses and expenses incurred by Primus Planet Talk, including but not limited to the cost of removing provision of the Service from the Customer’s premises.

12.Termination with regard to Anyphone Saver Services
12.1 Primus Planet Talk shall have the right to automatically terminate a call at once if and when the Customer’s Anyphone Saver credit is exhausted.
12.2 Primus Planet Talk also reserves the right to interrupt a call at any time with a message indicating how much credit is left on the Customer’s account.
12.3 Upon termination of this Agreement the Service to the Customer shall terminate forthwith.
12.4 Notwithstanding the provisions of Condition 3.1 upon termination of this Agreement by Primus Planet Talk all accrued charges not yet invoiced shall become due forthwith and shall be paid by the Customer immediately on receipt of an invoice therefore.

13. Planet Talk Select. The following additional provisions will apply with respect to Customers who receive the Planet Talk Select Service. Planet Talk Select is the Primus Planet Talk brand name for “Carrier Pre-Select” as defined by the UK Telecommunication industry. With Planet Talk Select the Customer’s calls are automatically routed to the network of Primus Planet Talk.
13.1 "BT" means British Telecommunications Plc, "Carrier Pre-Selection" or "CPS Service” or “Planet Talk Select” means the carrier pre-selection service as Primus Planet Talk may agree to provide to the Customer.
13.2 The Customer may order Planet Talk Select by telephone. The Customer may order Planet Talk Select either for all their calls, or just their international calls, or national and international calls or just their national calls. The order is completed whilst the Customer is on the telephone. The Customer’s consent to the provisioning of the order for Planet Talk Select is recorded on an audio tape for audit purposes. The Customer’s order is sent electronically to BT. Primus Planet Talk will send a written confirmation to the Customer confirming their request. The Customer will also receive a letter from BT confirming this request. The Customer may cancel the Planet Talk Select Service within 14 days of their order. If the Customer wishes to cancel during this time, the Customer is required to notify BT in writing. The above right to withdraw cannot be exercised after 14 days.
13.3 Primus Planet Talk reserves the right to charge a set up charge for the Planet Talk Select Service. After the 14 day period the Customer’s number is switched to Planet Talk Select.
13.4 If the Customer wishes to cancel the Planet Talk Select service at any time after the initial 14 day period the Customer may be required to pay a cancellation charge at such rate that is current at that time.
13.5 Either Primus Planet Talk or the Customer may terminate the Planet Talk Select Service by giving 30 days written notice to the other.
13.6 Planet Talk Select is subject to availability and may be withdrawn at any time.
13.7 The Planet Talk Select Service is only available to Customers who have an existing BT telephone line. The Customer accepts that by receiving the Planet Talk Select Service certain BT phone services may no longer be available. The Customer warrants that the information provided by the Customer in respect of Planet Talk Select is true and accurate.

14. Planet Talk Anytime. The following provisions will apply with respect to Customers who receive the Planet Talk Internet Access Service. Planet Talk Anytime is the Primus Planet Talk brand name for Planet Talk Internet Access Service.
14.1 Registering with Primus Planet Talk for Planet Talk Anytime gives the Customer access to the Internet and a range of internet content services and applications.
14.1.2 Planet Talk Anytime is subject to availability and may be withdrawn at any time.
14.1.3 The registration details that the Customer provides shall be true correct and complete. The Customer agrees to inform Primus Planet Talk of any changes to their registration details immediately by e-mail addressed to support@planet-talk.co.uk
14.1.4 By registering for Planet Talk Anytime, the Customer consents to Planet Talk using and/or disclosing the Customer’s registration details as follows:
14.1.4a processing the Customer’s application or changes to the Customer’s registration details, which may involve credit checking by a credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a continuous payment authority on the Customer’s credit or debit card;
14.1.4b providing registration details to any telecommunications provider who operates the telephone access network that is used to provide Internet access and providing or arranging for third parties to provide customer care facilities and bill the Customer for Planet Talk Anytime, which may involve disclosing the Customer’s personal information to third parties solely for this purpose.
14.2 Calls made to access the Internet shall be made using dial-up numbers that are provided to the Customer at the time the Customer registers. Any calls made without using the correct dial-up number provided to the Customer by Planet Talk will remain the Customer’s sole responsibility. Primus Planet Talk reserves the right to inform the Customer of changes to the Customer’s access or dial-up number at any time and will notify the Customer by e-mail of such changes.
14.3 The Customer must pay an initial payment to Primus Planet Talk upon application for Planet Talk Anytime. Subsequent payments shall be made by means of a continuous payment authorisation using the credit or debit card details provided to us with the Customer’s registration details. The first payment will be debited to the Customer’s credit or debit card within 28 days of completing the registration process.
14.3.1 Charges for Planet Talk Anytime are payable monthly in advance by the Customer to Primus Planet Talk.
14.3.2 Primus Planet Talk will begin charging the Customer for Planet Talk Anytime on the date that Planet Talk Anytime is available to use.
14.3.3 To ensure that monies due are collected without disruption, the Customer must ensure that any changes to original registration details are communicated to our Customer Help Number immediately by calling 0800 036 8266 (calls are charged at national rate and may be monitored for training, security and quality assurance purposes).
14.3.4 If Primus Planet Talk is unable to collect the amounts due from the Customer’s credit or debit card as they fall due, Primus Planet Talk may suspend or cancel the Customer’s use of Planet Talk Anytime and may forward the debt to an external agency for manual collection. The Customer will pay our reasonable costs and expenses for collecting payment.
14.3.5 Primus Planet Talk reserves the right to vary the charges for Planet Talk Anytime and to introduce new payment methods at anytime on written notice to the Customer.
14.4 In order to access the Internet via Planet Talk Anytime the Customer must make their telephone number or Caller Line Identification ("CLI") available when connecting to the Internet.
14.5 The Customer agrees that it will only use the Planet Talk Anytime in a manner that is consistent with these Terms and Conditions and only in such a way as to ensure compliance with all applicable laws and regulations. In particular the Customer must ensure they do not misuse Planet Talk Anytime in any way, including but not being limited to the following:
14.5.1 to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or causing a nuisance or which infringes the rights of another person (e.g copyright to confidentiality). Using the Internet in a manner which, in our opinion, makes abnormal demands on the network.
14.5.2 The Customer’s failure to comply with Clause 14.5 may entitle Planet Talk to terminate the Agreement or suspend Planet Talk Anytime .The Customer agrees to compensate Primus Planet Talk on an indemnity basis for the consequences of any claim (including costs and damages ) made against Primus Planet Talk as a result of a breach by the Customer.
14.6 The Customer acknowledges that various elements of Planet Talk Anytime are provided by third parties, consequently, Primus Planet Talk is unable to guarantee that such products and services or websites accessible via the Primus Planet Talk are virus free. The Customer acknowledges that licensed telephone operators provide the telephone networks which are utilised by Primus Planet Talk and therefore Primus Planet Talk cannot guarantee that the Planet Talk Anytime will be uninterrupted or error free, or that the Customer will be able to access the Internet via the Planet Talk Anytime at all times.
14.7 Internet calls are subject to network traffic management controls. Primus Planet Talk reserves the right to disconnect the Customer after 2 hours continuous use and/or 10 minutes of inactivity during connection. As a consequence, Planet Talk Anytime may not be suitable for downloading files, which require continuous connection in excess of these times.
14.8 Primus Planet Talk reserves the right to terminate the Customer’s use of Planet Talk Anytime without notice if the Customer does not connect to the internet at least once in each of 90 days.
14.9 Planet Talk Anytime may need to temporarily suspend the Customer’s access to the internet without notice in order to repair, maintain or improve the Primus Planet Talk’s network, or in an emergency. If Primus Planet Talk needs to do this it will try to keep the Customer informed and keep interruptions to a minimum, although it cannot always guarantee to do so.
14.10 Whilst Primus Planet Talk recognises that the Internet is not a completely secure medium of communication, Primus Planet Talk has taken steps to safeguard the security of any information the Customer inputs on the Primus Planet Talk websites or sends to Primus Planet Talk on the Internet by using secure servers and Secure Sockets Layer ("SSL") technology which encrypts the information before it is transmitted to Primus Planet Talk. Primus Planet Talk is not and will not be responsible for any damages the Customer or any other person may suffer as a result of the loss of confidentiality of such information.
14.11 In order to maintain the integrity of Planet Talk Anytime, Primus Planet Talk reserves the right to forward contact details to the police, or other regulatory authorities where requested to do so; we may also forward contact details where a complaint arises concerning the Customer’s use of Planet Talk Anytime where that use is deemed by Primus Planet Talk to be inconsistent with these terms.
14.12 As part of the Primus Planet Talk we may provide the Customer with e-mail facilities, web hosting and other services that involve Primus Planet Talk providing storage space on the Primus Planet Talk computers. In order to manage our computers and service Primus Planet Talk reserves the right to impose limits on the storage space provided. Such limits may be by reference to the physical amount of web space available to the Customer the number of e-mail messages held, the size of any attachments sent or any other method we may specify. We reserve the right to vary these limits from time to time and we will keep the Customer informed by e-mail. Primus Planet Talk reserves the right to refuse to accept materials and or delete materials, which exceeds the relevant limit. The current limit is 100 Mb or 1000 emails, whichever is the greater.
14.13 Planet Talk Anytime is provided without any warranties or guarantees unless specifically stated. This does not affect the Customer’s statutory rights.
14.14 The Customer’s dealings with, and interest in, promotions, services, or merchants found on or via Planet Talk Anytime are solely between the Customer and the person with whom the Customer is dealing unless expressly stated to the contrary by Primus Planet Talk. Primus Planet Talk will do its best to help the Customer resolve the situation, but Primus Planet Talk will not be responsible for any loss or damages that may arise from any such dealings.
14.15 Although Primus Planet Talk shall use reasonable endeavors to provide disaster recovery, Primus Planet Talk does not specify any recovery time, nor shall Primus Planet Talk be liable for any loss or damage of whatever nature incurred or suffered by the Customer from any cause whatsoever as a result of Primus Planet Talk’s failure to provide, or delay in providing, or providing only partial disaster recovery. The Customer is accordingly advised to make back-ups of its data. Nothing in this paragraph should be construed as representation that any back-ups of data implemented by the Customer will be successful or in any way will avoid disaster.
14.16 The Customer shall have no claim against Primus Planet Talk and the Customer indemnifies and holds Primus Planet Talk free from liability in respect of any loss or damage:
14.17a caused by or arising from any fact or circumstances beyond the reasonable control of Primus Planet Talk;or
14.17b if such loss or damage is consequential or incidental loss or damage;
14.17c any downtime, outage, interruption in or unavailability of the server or the Primus Planet Talk network as a result of or attributable to software service, repairs, maintenance, upgrades, modifications, alternation or replacements.
14.17d the damage, contamination or corruption of any kind of the server or any of the Customer’s data, material, information and/or content howsoever occasioned.
14.17e any inaccuracies in the impression statistic given to the Customer or in the page counter on the User’s web site.
14.17f any breakdown of whatever nature and howsoever arising in any of the services provided by Primus Planet Talk or the carriers like local loop provider British Telecom (including, but not limited to, line failure) or in any international services or remote mail servers.
14.17g the non-performance or unavailability, of what ever nature howsoever arising, of external communications networks to which the server of the Primus Planet Talk network is connected.
14.17h any infringement of the Customer’s right of privacy and /or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the Customer’s web site in terms of this agreement.
14.17i any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Customer’s information, data or content.

15. Assignment This Agreement may not be assigned in whole, or in part, by the Customer without the prior written consent of Primus Planet Talk such consent not to be unreasonably withheld. Primus Planet Talk may assign this Agreement at any time.

16. Third parties The rights and obligations set out in this Agreement shall be solely for the benefit of, and shall be enforceable only, by the parties hereto and their respective successors and permitted assigns. A person who is not a party to this Agreement has no right under the Contract (Rights of Third Parties Act 1999) to enforce any terms or conditions of this Agreement, but this does not affect any right of a third party which exists or is available apart from that Act.

17. Ownership Rights The ownership rights relating to the Service(s) including all patents, trademarks, copyright and rights of like nature in any material supplied under this Agreement or relating to the Service shall remain the sole property of Primus Planet Talk, and without limitation to the forgoing, the Customer shall not be entitled to use the name, trademarks, trade names or other proprietary identifying mark or symbols of Primus Planet Talk without Planet Talk’s prior written consent.

18. Force Majeure Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control.

19. No Waiver Failure or delay by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof, or of any other right on any later occasion.

20. Notices
20.1 Any notice, invoice or other document which may be given by either party under this Agreement shall be deemed to have been given if left at or sent by post or facsimile transmission (confirming the same by post) to an address notified by the other party in writing as an address to which notices, invoices or other documents may be sent.
20.2 Primus Planet Talk’s address for service of any notice hereunder shall be such address as appears on the last invoice rendered to the Customer or such other address as may be prescribed by Primus Planet Talk for that purpose.
20.3 The Customer may give notice of a material defect fault or impairment in the Service which causes an interruption in the provision of the Service (‘a Fault’) to Primus Planet Talk by telephone on the number notified to the Customer from time to time, which notice shall be deemed to be given upon the allocation by Primus Planet Talk to the Customer of a fault report number.

21. Disputes
21.1 If the Customer wishes to dispute any invoice or part of an invoice falling due in accordance with Condition 3 the Customer shall, within thirty (30) days after receipt of the invoice, deliver a notice in writing to Primus Planet Talk setting out the nature of his dispute, otherwise the invoice is deemed accepted. Such notice shall in particular contain the following information: date and number of disputed invoice, amount in dispute, reason for dispute and any supporting documentation as appropriate.
21.2 All claims for un-connected call credits must be made within 30 days after receipt of the relevant invoice or (in respect of the Anyphone Saver Service) 30 days from the date of the call. Customer shall not be entitled to un-connected call credit if such credit is less then £5.00.
21.3 The parties shall use all reasonable endeavours to resolve payment disputes pursuant to Condition 21 as promptly as is reasonably practicable. For the avoidance of doubt, nothing in this Condition 21 shall in any way release the Customer from any of his obligations to pay invoices in accordance with Condition 3 of this Agreement.

22. New Terms and Conditions Primus Planet Talk reserves the right to make changes to these terms and conditions from time to time. New versions of the Primus Planet Talk terms and conditions will be displayed on the Primus Planet Talk web site at www.planet-talk.co.uk and can be requested by writing to or phoning our Customer Service Department.

23. Entire Agreement
23.1 This Agreement is the entire agreement between Primus Planet Talk and the Customer in relation to the subject matter contained in it.
23.2 If any provision of this Agreement is held by a court or governmental agency or authority to be invalid, void or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable.