Terms & Conditions

These Terms & Conditions set out the terms under which Wavecrest Networks Limited (“Wavecrest”), provides you with the ability to make calls using either Planet Talk's physical pre-paid phone cards ("Calling Card(s)") or through the Planet Talk International Calling mobile phone application (the "App") (together referred to throughout these terms as "Planet Talk Services").

You cannot accept these terms if you are not lawfully entitled to use the App or Calling Card in the country in which you are located or resident or if you are not of age to form a binding agreement with Wavecrest.

Please read these Terms & Conditions carefully as they affect your rights and liabilities under the law and the terms governing your use of Planet Talk's International Calling Services. By using Planet Talk Services, you agree to these Terms & Conditions. The essential terms of these Terms & Conditions are:

  • We do not recommend that you try to call an emergency services number using Planet Talk Services for a number of reasons. Please dial the relevant number from your standard mobile or landline.
  • When you top-up your credit on the App it will last for 180 days from the date of your last top-up
  • When using a Calling Card or the App a connection charge applies in addition to any applicable charges from your mobile or landline provider and the international destination rate.
  • All international destination rates are subject to change. For the current rates, check the App or our website www.planet-talk.co.uk

If you have any queries, please contact us by phoning our Customer Services on 0333 303 3333 for the App and 0333 303 3011 for Calling Card. You can also send us an e-mail at  care@www.planet-talk.co.uk. Alternatively, please read our FAQs to see if you can find the answer your query there.

References to "we", "us" and "our" are to Wavecrest and we refer to you as "you" and "your", while words that begin with capital letters are used across these terms as definitions.

1. What are Planet Talk Services?

1.1 Planet Talk Services can be accessed using the Calling Card or the App. To utilise the service and make calls around the world you must first purchase Credits or top-up by purchasing a voucher of a certain monetary value which will be applied towards a specific Calling Card or App. To top-up:

a) A physical Calling Card, follow the 3-stage process outlined in clause 1.3; and

b) the App, via the 'Account' screen of the App using a credit card, pre-purchased voucher or redeeming a promotion code.

1.2 Planet Talk Services top-up comes in a variety of monetary values ("Credit(s)"). Please see the FAQs on our website www.planet-talk.co.uk for the details of the top-up amounts we currently offer.

1.3 Generally there are three parts to the process of making a call, but how this is achieved may vary by service:

a) Connection Charge: this is a one off charge each time you use a Calling Card or the App which covers the costs of our UK switching equipment. The connection charge is applicable to calls lasting longer than 4 minutes where the 5th minute is billed as 2 minutes.

b) 033 Access Number Charge: this is a UK geographical number, which you will need to dial when using a Calling Card or will be automatically dialled when using the App. We do not charge you for this part of the call, but your phone provider may, as they would if you were making a call to a UK landline. These calls are commonly included in your inclusive minute bundles from your provider.This component does not apply to use of Planet Talk Services using the 'Wi-Fi feature on the App.

c) Charges may vary for accessing the Planet Talk Services via Calling Card depending on where you are calling from and from some public and mobile phones; we recommend that customers check the relevant access charges with their service provider before initiating such calls.

d) Destination Rates: these are minute plus minute rates charged for calling the specified country and will vary depending on whether you are calling a mobile or landline.Please visit www.planet-talk.co.uk.or check the 'Rates' section of the App for the current Destination Rates as published and updated from time to time. In the event of a conflict between the published Destination Rates on planet-talk.co.uk, the App, a physical Calling Card or in any other media, the Destination Rates set out on www.planet-talk.co.uk shall take precedence.

1.4 For further information on how to use your Planet Talk Services, please see the help and FAQ information on our website www.planettalk.com.

2. Validity Period

2.1 Credits (whether applied to your Calling Card or the App) purchased as a:

a) Activation of a Calling Card through the access number;

b) Top-up via the App;

are valid for 180 days from the time of purchase or the date of your last top-up within the 180 days ("Validity Period"). This means that if you top-up within 180 days of your previous top-up, your Validity Period will re-start from the new date of top-up. You can top-up the App as many times as you like. After the Validity Period, you will still be able to access your Calling Card or App, but you will lose any remaining Credit. For the App you will need to top-up to use chargeable services, such as international calling. For Calling Card, you will effectively lose the remaining credit once the Validity Period is over.

3. Call Rates

3.1 Each time you use Planet Talk Services, the Credit on your Calling Card or App will be reduced by the charges incurred, calculated by Wavecrest applying and deducting the total of the Destination Rates and any Connection Charge that may apply, plus any Surcharge (as defined at paragraph 3.2 below). All calls using the Planet Talk Services are charged in one minute increments, rounded up to the nearest minute.

3.2 Some calls have an additional charge referred to as a "Surcharge" which is incurred for specific services (e.g. 0800 access numbers, collect calls, or use of a BT payphone). For further details of when Surcharges apply, please see our FAQs on our website.

3.3 We do not charge you for calling our Access Numbers which start 03. However, while these types of numbers are usually included in bundles allowances, you may incur charges from your phone service provider so please contact them to check whether this is the case and, if so, familiarise yourself with the charges which apply. By using the 'prefer Wi-Fi' feature within the App you can avoid Access Number charges or usage of your allowances that you could otherwise incur from your phone service provider. Wi-Fi data charges may apply.

3.4 Connection Charges, Destination Rates and Surcharges are subject to change at any time and updated on our website  www.planettalk.com and on the App. Please check for the most up-to-date Destination Rates, Connection Charge and Surcharges before you make a call as you will be charged at the then current rates listed at the time you make your call.

3.5 All Connection Charges, Destination Rates and Surcharges published on our website and App include VAT.

4. Security and Refunds

4.1 It is your responsibility to ensure the security of your access to the Planet Talk Services. For this reason, we suggest you do not write your access PIN on your Calling Card or install the App on a mobile phone that is not PIN protected. In this occurrence, please call our customer care as soon as possible to block use of your Credit.

4.2 Where the security of your access to Planet Talk Services is compromised (such as your mobile phone being lost, stolen or damaged), and your Credit is used in an unauthorised manner, we are not able to provide you with a refund of any Credit used in such manner.

4.3 If you are unable to confirm you are the rightful owner of Credit on your Calling Card or App, we are unable to transfer the Credit to another Calling Card or App and you may lose any remaining Credit. You will also lose any remaining Credit to use the Planet Talk Services after the Validity Period expires.

4.4 Should you change your mind about your purchase within 30 days, we’ll happily offer a refund provided no credit has been used.

5. Restrictions

5.1 You cannot use the Planet Talk Services for calling premium rate numbers or some non-geographic numbers (for example, 090), while calling Emergency Services using the Planet Talk Services is severely discouraged.

5.2 Planet Talk Services can be used:

a) in the United Kingdom - using Calling Card or App; and

b) Outside the United Kingdom – using the Wi-Fi feature of the App

5.3 If you access Planet Talk Services from outside the United Kingdom, you do so at your own risk and you are responsible for your own compliance with local law.

6. Availability of Services

6.1 When we provide you with the Planet Talk Services, we will use the reasonable skill and care of a competent service provider, but we cannot guarantee that the Planet Talk Services will always be fault-free. Some things will be out of our control, for example, Planet Talk Services are dependent on the network operator which you use to access the Planet Talk Services.

6.2 Your access to the Planet Talk Services may be occasionally suspended to allow for repairs, maintenance or the introduction of new facilities or services. Your access may also be suspended if we are required to restrict it following instruction from the government, the emergency services or any other competent or lawful authority. In these circumstances, we will attempt to restore the service to you as soon as we reasonably can. If there is an unusual use of the Planet Talk Services (for example, significantly increased traffic indicating fraudulent use), we may temporarily suspend your use of the Planet Talk Services to prevent you from incurring excessive or unwanted charges.

6.3 You acknowledge and agree that in order to use the App, you require an active connection to the internet ("Internet Connection") and if you fail to have an Internet Connection you will be unable to use the App to make calls and this is at your own risk and potential additional cost as may be charged by your network provider.

6.4 When using the Wi-Fi feature within the App, your call may be affected by the speed and quality of the Wi-Fi connection at your location.

6.5 By installing the App on your phone, you consent to us checking your version of the App, and where applicable, pushing updates of the App to your phone. However, we have no obligation to make available any such updates. And reserve the right to require you to download and install updated version of the App as a condition of continuing to use Planet Talk Services.

7. Our Responsibility to You

7.1 Nothing in this paragraph 7 shall limit or affect our liability resulting from anything we provide to you being found to be unsafe or if something we do negligently causes death or personal injury.

7.2 Subject to paragraph 7.1, if we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result and to the extent that they are a directly foreseeable consequence to both of us at the time you buy the Planet Talk Services. We do not assume any liability for content received from calls made by you using the Planet Talk Services.

7.3 You acknowledge that we are not responsible for providing (or maintaining) the equipment that you use to access the Planet Talk Services or the national or international telecommunications networks which your calls travel across.

7.4 The App may contain links to other sites which are outside our control and not covered by these Terms & Conditions. We are not responsible for the content of those sites nor the use of any personal information you submit to those sites.

7.5 The App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the App complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

7.6 Nothing in these Terms & Conditions affects your statutory rights (which include, for example, that we will provide the Planet Talk Services to a reasonable standard and within a reasonable time). For more information on your statutory rights you can contact your local Citizens Advice Bureau or Trading Standards Office.

8. Your Responsibility to Us

8.1 You must not use the Planet Talk Services for any unlawful or fraudulent purpose, to make any communication which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services) or in any way which may damage or affect the operation of the Planet Talk Services or any other telecommunications system.

8.2 If you do not comply with this paragraph 8, the Planet Talk Services may be suspended indefinitely and you may be liable to compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer as a result.

9. International Mobile Top Up (IMTU) (Also known as “Send Top Up Abroad”)

1. You agree that you will not access, use or attempt to use the IMTU service:

1.1 Unless you are at least 18 years old (or you have the consent of your parent/legal guardian), and you have legal capacity to form a binding legal contract in any relevant jurisdiction; or

1.2 In any way which violates Wavecrest’s term and conditions or usage policies.

2. You acknowledge that the IMTU service will not be available on all mobile phone operator networks and that the network operators that do allow the IMTU service are subject to change and availability.

3. You acknowledge that the IMTU service may not be available, in whole or in part, in certain regions, countries or jurisdictions.

4. You must input the mobile phone number to which any IMTU is to be credited into the appropriate place on the App. You may be asked to enter the payee’s phone number twice. This is needed to ensure that IMTU is not sent to the wrong person because of a mistyped number.

5. You will then be asked to select the amount of IMTU that you wish to credit that mobile phone number with.

6. It is your responsibility to ensure that you have correctly inputted the mobile phone number. If you enter the wrong number the transfer will go ahead and there is no way to reclaim or redirect the IMTU once the instruction has been processed.

6.1 We are not liable for execution of any IMTU based on incorrect information. If we have executed an IMTU in accordance with instructions you provided to us, and that information proves to be incorrect, we are not liable for the incorrect execution of the IMTU.

7. The cost of IMTU will vary depending on the amount of IMTU that you wish to send and according to the denominations displayed in the App.

8. The total amount (the transaction amount and any service fees) that you must pay will be displayed clearly in the App before you are asked to confirm your IMTU transaction.

9. A number of countries around the world have chosen to apply taxes to incoming IMTUs. When sending to a Payee in these countries, the corresponding deduction will be made from the IMTU transaction amount, meaning the Payee will get a lower amount of IMTU.

10. The IMTU is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the IMTU to the mobile phone number.

11. Our obligation in relation to IMTU is simply to send IMTU in accordance with your instruction. The relevant mobile operator will be solely liable to you and the Payee of the IMTU for the provision of mobile services related to the IMTU. Once the IMTU is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct.

12. You will not be able to cancel the IMTU once we receive your instruction. We may be obliged (for example, due to local laws or mobile operator restrictions) to limit the number of IMTUs that can be performed or the maximum value of IMTUs (the latter typically due to mobile operator restrictions) over a given period of time e.g. daily, weekly, monthly.

13. We may refuse any Top-Up Request or Transfer at any time for any reason (or cancel it where relevant), including (but not limited to) the following situations:

13.1 where we believe the IMTU services are being used or attempted to be used, whether by you or the recipient, for or in connection with illegal, fraudulent or unethical activities or in breach of these Terms, or in breach of any applicable laws, rules or regulations;

13.2 where an IMTU involves any individual or entity on restricted or prohibited lists issued from time to time by any relevant government authorities;

13.3 where we are required to do so by any relevant law, or where we have reason to believe processing an IMTU would violate any law; and

13.4 where we are unable to verify your identity.

14 We do not guarantee that the IMTU service will always be available or be uninterrupted. We reserve the right to suspend or withdraw the IMTU service:

14.1 to deal with technical problems or make minor technical changes;

14.2 for business and operational reasons; and

14.3 to update the Services to reflect changes in relevant laws and regulatory requirements.

10. Intellectual Property

10.1 10.1 Wavecrest owns, or is the licensee to, all right, title and interest in and to the App, including any patents, inventions, copyright, utility models, designs (both registered or unregistered and including rights relating to semi-conductor topographies), database rights, trade marks (both registered and unregistered) together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature.

10.2 To the extent permitted by law, you will not copy, modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or otherwise commercialise the App. You will not remove, obscure or alter any copyright notice, trade mark or other proprietary rights notice affixed to, contained within or accessed in conjunction with or by the App.

11. Privacy Policy

11.1 In the case of any Customer who is an individual about whom Wavecrest processes personal data (as defined in the Data Protection Act 2018), the following shall apply:

11.2. Wavecrest may process such personal data for the purposes of administering the relationship with the Customer and, as part of its use of such data, may transfer that data to other Wavecrest affiliates in jurisdictions outside the UK which do not provide the same level of protection for personal data as exists in the UK.

11.3 Wavecrest may also, from time to time, use such personal data to provide the Customer, whether by telephone or facsimile or electronic mail or other means of communication, with details of promotions, products and services of Wavecrest may be of interest to the Customer.

11.4 Wavecrest may process customer information with the Service for the prevention or detection of fraud, and to deal with customer enquiries.

11.5 Wavecrest may share Customer’s personal information with other companies. For example, Wavecrest may use specialist companies to conduct market research on its behalf to see how Wavecrest can improve the services it offers. However, those companies can only process this information according to the instructions Wavecrest gives them.

11.6 To help improve Wavecrest’s service and in the interests of security it may monitor and/or record the Customer’s telephone calls with it.

11.7 Wavecrest may share Customer’s personal information with other companies. For example, Wavecrest may use specialist companies to conduct market research on its behalf to see how WaveCrest can improve the services it offers. However, those companies can only process this information according to the instructions Wavecrest gives them.

11.8 By entering into this Agreement, the Customer expressly agrees to the use of personal data for the purposes described clause 1.

12.General

12.1 If you allow another person to use your Planet Talk Services they will be subject to these Terms & Conditions. We may transfer our rights under these Terms & Conditions to another business where we reasonably believe your rights will not be affected.

12.2 By using the Planet Talk Services, you represent to us that you are fully able and competent to enter into and abide by these Terms & Conditions.

12.3 If you breach these Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms & Conditions.

12.4 We shall not be responsible for any breach of these Terms & Conditions caused by circumstances beyond our reasonable control.

12.5 These Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England.

12.6 These Terms & Conditions shall constitute the entire agreement between you and us regarding use of the Planet Talk Services. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

12.7 We may modify these Terms & Conditions at any time without notice to you and it is your responsibility to review these Terms & Conditions for any changes. Your continued use of the Planet Talk Services following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms.

2.8 Except as stated otherwise in this paragraph 11.8, this Agreement is not intended to confer benefit on any third party and no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation in any country by any person who is not a Party to it. Any member of the Planet Talk Group may enforce any provision of these terms as if it were a party to these terms.

13. How to make a complaint?

13.1 You can either email us directly via the “contact us” link in your app, or you can write to us at:

Planet Talk

Lomeshaye Business Centre

Unit 103, Turner Road

Nelson

BB9 7DU


All you have to do is add Complaint to the title of your email or letter.

13.2 What’s our complaint process?

  • As soon as we receive your complaint, we’ll try to sort it out straight away. If we’ve made a mistake, we’ll say sorry and let you know what we’ll do to put things right.
  • We aim to have an outcome within 10 working days but sometimes we need more time to investigate if more information or technical support is required, in which case we’ll keep you informed and let you know as quickly as possible.
  • If your complaint cannot be resolved or we are unable to agree a solution, you can ask us to take the complaint to a review stage for a full and final independent review. This will be done by the Customer Service Manager.
  • You will need to let us know why you would like to escalate your complaint and what we could have done differently in the initial review.
  • We will do our best to let you know the final outcome within 20 working days following your request to escalate.

13.3 If you are not satisfied with the result?

If you are still not satisfied with the outcome of your complaint, you can register a complaint with the relevant app store that you downloaded our app from.

13.4 The Planet Talk website is owned and operated by Wavecrest Networks Limited, a company registered in England whose details are as follows:

Wavecrest Networks Ltd

Registered Number: 3290227

Registered Office:

71-75 Shelton Street,

Covent Garden,

London, WC2H 9JQ,

United Kingdom.

Customer Support: e-mail: care@planet-talk.co.uk

You may use Planet Talk Instant by dialling the applicable access number as detailed by us on our website (which may be changed from time to time with notice of such change being posted on our website) and then dialling your international number (including the “00” prefix). Callers must ensure they have bill payer’s permission before using the Planet Talk Instant services. All calls are billed by your telephone line provider at their relevant 084, 087, 090, 091 rates. Calls are charged from time of connection to the Planet Talk Instant service, so we advise replacing the handset after a short period if your calls are engaged or unanswered. When you call from a mobile, remember to only press the call or send button after dialling the access number but not again after dialling the destination number. Calls to mobile phones, premium rate numbers and pagers are not included unless otherwise stated.

1. General

1.1 The Services are subject to availability, and may be withdrawn by Wavecrest at any time.

1.2. The Customer acknowledges that the Service is for residential use only and the Customer will not supply or resell or otherwise make the Service available to any person on a commercial or any other basis. The Service is not available to business users and Wavecrest has the absolute right to withdraw such service from those using it for such purposes.

1.3. All relevant payment terms in relation to your use of the Services are disclosed and can be accessible on the home page on our website at www.planettalk.com. All special terms of use in relation to specific Services are disclosed and can be accessible on this website. Should you require customer service, please contact our customer service team via our contact us page.

2. User Obligations

2.1 You shall not use, nor allow any other(s) to use, the Services:

(a) for any improper, immoral or unlawful purpose;

(b) 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;

(c) to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person;

(d) 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;

(e) fraudulently or illegally or contrary to any relevant law, standard or code; or

3. Disclaimer

3.1 Except as provided by law, we:

(a) make no warranties, conditions, guarantees or representations as to quality or fitness for a particular purpose, or availability or security of the Services, or that the Services will be free of errors, omissions, interruptions or viruses, or any other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in these terms; and

(b) exclude all liability for the accuracy (or inaccuracy) or reliability of any material or other information provided or made available by us or any third party in relation to the Services.

3.2 You acknowledge that access and use of the Services (including any networks or software operating in connection with the Services) may be interfered with by numerous factors outside of our control. Except as provided by law, we make no representations or warranties in respect of accessing or using the Services (including any network or software operating in connection with the Services).

3.3 We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of telecommunications services, lines or other equipment; fire; flood or storm).

3.4 You use the Services at your own risk and we will not be responsible for loss or theft of the Services.

4. Liability

4.1 Subject to clause 4.2 the total of Wavecrest’s liabilities arising under or in connection with this Agreement whether arising in tort, from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused shall not exceed the sum paid or payable by you for the Service(s) in respect of which the liability arises.

4.2 Notwithstanding anything to the contrary in this Agreement (whether this Agreement continues in force or not) Wavecrest shall not be liable to you under or in connection with this Agreement for any corruption, destruction or loss of data, loss of goodwill, loss of anticipated savings, loss of contracts, loss of revenue, loss of use , loss of profits, loss of business, for any extra operating costs and expenses or for any indirect or consequential loss whatsoever or howsoever caused, whether arising in tort, from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused.

4.3 Nothing in this Agreement shall have the effect of excluding or limiting the liability of Wavecrest for death or personal injury resulting from its negligence or any other liability that may not be excluded or limited as a matter of English law.

4.4 The provisions of this Condition 4 shall continue to apply notwithstanding termination of this Agreement

4.5 You will indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to

(i) your breach or non-observance of any of these terms and conditions; or

(ii) your use of the Services.

5. Intellectual property

5.1 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 Wavecrest, 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 Wavecrest without Wavecrest’s prior written consent.

6. Amendments

Wavecrest reserves the right to make changes to these terms and conditions and/or prices either by giving you twenty-eight (28) days’ notice, unless such changes are due to legal and/or regulatory reasons, in which event the change will be made immediately on the website without prior notice. Should an increase in the prices and/or change in the terms and conditions put you at a significant disadvantage, then Wavecrest will notify you and you have the right to immediately terminate the Agreement, failing which you shall be bound by the amended terms and conditions and/or prices. The changes to the terms and conditions and/or prices shall be displayed on the Wavecrest website at www.planettalk.com and can be requested by writing to or by calling Wavecrest customer service department

7. Payment

7.1 The prices for the Service shall be as stated in Wavecrest’ tariff sheets as current from time to time. All prices are inclusive of VAT. Rates displayed in advertisements promotional literature tariff sheets and elsewhere are shown in pence per minute.

8. Notices

Wavecrest’s address for service of any notice hereunder shall be such address as may be prescribed by Wavecrest for that purpose.

9. Privacy Policy

9.1 In the case of any Customer who is an individual about whom Wavecrest processes personal data (as defined in the Data Protection Act 2018), the following shall apply:

9.2. Wavecrest may process such personal data for the purposes of administering the relationship with the Customer and, as part of its use of such data, may transfer that data to other Wavecrest affiliates in jurisdictions outside the UK which do not provide the same level of protection for personal data as exists in the UK.

9.3 Wavecrest may also, from time to time, use such personal data to provide the Customer, whether by telephone or facsimile or electronic mail or other means of communication, with details of promotions, products and services of Wavecrest may be of interest to the Customer.

9.4 Wavecrest may process customer information with the Service for the prevention or detection of fraud, and to deal with customer enquiries.

9.5 Wavecrest may share Customer’s personal information with other companies. For example, Wavecrest may use specialist companies to conduct market research on its behalf to see how Wavecrest can improve the services it offers. However, those companies can only process this information according to the instructions Wavecrest gives them.

9.6 To help improve Wavecrest’s service and in the interests of security it may monitor and/or record the Customer’s telephone calls with it.

9.7 Wavecrest may share Customer’s personal information with other companies. For example, Wavecrest may use specialist companies to conduct market research on its behalf to see how Wavecrest can improve the services it offers. However, those companies can only process this information according to the instructions Wavecrest gives them.

9.8 By entering into this Agreement, the Customer expressly agrees to the use of personal data for the purposes described clause 9.

10. Availability

10.1 Wavecrest will use all reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the, if any, standards for the time being relating to the Service set out in Wavecrest’s Service literature.

10.2 Wavecrest shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by the Customer in accordance with the procedure set out in 11 below.

10.3 A fault shall be deemed to have commenced upon its notification to Wavecrest.

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 Wavecrest in investigating and remedying any fault which is attributable to:

(i) the negligent act, omission, breach, or fault of the Customer, or

(ii) the failure or malfunction of Customer equipment.

11. Procedure for Fault Reporting

11.1 In the event of a fault, a customer may contact the Planet Talk Customer service team by calling 0800 036 3839 whereby they can either reach a representative directly, or a voicemail message where they can leave the necessary information.

11.2 During Wavecrest business hours, 9:00am and 6.00pm Monday to Friday, Wavecrest will note the following details and generate a trouble ticket relating to the complaint. Customers shall provide the following information to Wavecrest when reporting faults:

• Type of line

• Originating Number

• Terminating Number

• Terminating Destination

• Time and Date of when exact fault occurred

• Reported Problem

• Contact Details i.e., Contact name & number

12. Termination

12.1 Without prejudice to their rights under this Agreement, Wavecrest or the Customer shall have the right to immediately terminate this Agreement forthwith by notice in writing in the event that:

12.1.1 The other party is in default in its performance or observance of any of its obligations under this Agreement and fails to remedy the breach within a reasonable time specified by the non-defaulting party in its written notice to do so;

12.1.2 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.

12.1.3 Without prejudice to its other rights, Wavecrest may immediately disconnect, suspend the Service, and/or terminate this Agreement by notice in writing to the Customer in the event that:

12.1.4 If Wavecrest ceases to be eligible to provide the Service;

12.1.5 The Customer does not use the Service for 6 consecutive months;

12.1.6 Wavecrest is obliged to comply with an order instruction or request of government, an emergency service organisation or other competent authority;

12.1.7 The Customer is suspected, in Wavecrest’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; or

12.1.8 Wavecrest needs to carry out emergency works to the Service or its network.

12.1.9 Wavecrest may terminate this Agreement by serving not less than 28 days written notice of termination.

13. Assignment

13.1 This Agreement may not be assigned in whole, or in part, by the Customer without the prior written consent of Wavecrest. However, Wavecrest may at any time transfer this Agreement to any third party, assign any of its benefits and/or obligations under this Agreement and/or sub-contract the performance of any of its obligations under this Agreement to any third party.

14. Third parties

14.1 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. This Agreement is not intended to confer benefit on any third party and no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation in any country by any person who is not a Party to it.

15. No Waiver

15.1 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.

16. Notices

16.1 Any notice, invoice or other document which may be given by either party under this Agreement shall be deemed to have been given if;

(i) left at or sent 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; or

(ii) by SMS to the customers most recent mobile telephone number which is held by Wavecrest.

17. Disputes

17.1 Should the Customer have any dispute with Wavecrest in connection with this Agreement, then Wavecrest shall use its reasonable endeavours to resolve any such dispute. The Customer may refer this dispute to any appropriate dispute resolution service. The Customer can find details of the parties who can deal with these disputes and how to refer such disputes in the Wavecrest Code of Practice which is set forth at: www.planettalk.com/product-CodeOfPractice

18. Entire Agreement

18.1 This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, promises, covenants, arrangements, communications, whether understandings and representations, or warranties, whether written or oral except for any fraudulent misrepresentations. Except as expressly provided for in this Agreement, then this Agreement may only be modified if such modification is in writing and signed by Wavecrest and the Customer. In no event shall any terms or conditions included on any form of Customer purchase order apply to the relationship between Wavecrest and Customer hereunder unless the parties expressly agree to such terms in writing.

18.2 Any amendments relating to this agreement must be in writing signed by the parties.

18.3 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.

18.4 Governing Law - This Agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the jurisdiction of the English Courts.