SNAPPY LOCAL NUMBERS Terms & Conditions
Last updated: 15 January 2019
(i) Each contract for the supply of voice and data telecommunications services (the "Business Service") by BARRITEC
LTD ("BARRITEC"), including the trading names of; Snappy0800Numbers, Snappy0845Numbers, Snappy03Numbers,
Snappy0844Numbers and SnappyLocalNumbers, to any Customer (the "Customer") shall be on the terms set out in these
Conditions. The Sign Up Form as accepted by BARRITEC (the "Sign Up Form") and these conditions constitute the contract
and any such contract between the Customer and BARRITEC and any particular case is referred to as the "Agreement".
2. The Business Service
In order it may continue and maintain the level and quality of the Business Service provided BARRITEC reserves the right at all times to change or alter the Business Service provided under the Agreement. BARRITEC shall wherever possible give at least thirty (30) days' prior written notice to the Customer of any such change or alteration.
(i) BARRITEC will provide 30 days notice on the website.
(i) The agreement so far as it relates to the Business Services shall take affect when, in BARRITEC's discretion,
BARRITEC accepts the Customer's request to supply the Business Service. The request and acceptance shall be in writing or
by any other method as BARRITEC may allow .The commencement of the Business Service may be delayed until BARRITEC is
satisfied that the Customer has paid the initial deposit (if applicable).
(i) The prices BARRITEC charge for the Business Service are as set out in BARRITEC' website which BARRITEC may vary
from time to time by giving the Customer not less than 7 days' written notice (giving the Customer the opportunity to
terminate the Agreement before the variation takes affect). Notwithstanding the preceding sentence, BARRITEC may introduce
reasonable temporary price changes without notice. Unless otherwise stated, prices do not include value added tax
(VAT"), which must be paid in addition at the applicable rate. Where applicable, the Customer is bound to pay HMRC the
Reserve VAT as stated on the invoice.
5. Use of the Services and Indemnity
(i) The Customer must use the Business Services in accordance with these Conditions, any other conditions as BARRITEC
may notify to the Customer from time to time by not less than 30 days' prior written notice, the relevant provisions of
the Telecommunications Act 1984 (the "Act"), any other applicable laws and regulations, the relevant provisions
(notified to the Customer) of any licence granted under the Act to the Customer, BARRITEC or any supplier of services to
the BARRITEC and any directions given by the Director General of the Office of Telecommunications or other competent
authority (together "Applicable Requirements"). In order for BARRITEC to provide the Service the Customer must allow us
to place Cat 2 (performance) and Cat 3 (functionality) cookies on their device.
6. The Customer's Equipment
The Customer must ensure that any telecommunications equipment which the Customer uses in connection with the Business Service is in good working order and conforms at all times to all Applicable Requirements (including without limitation, the relevant standard or approval under section 22 of the Act). BARRITEC will not be under any obligation to connect or keep connected any such equipment which BARRITEC reasonably does not conform to the provision of any Applicable Requirements. The customer must on request provide BARRITEC with all reasonable information which BARRITEC may require in relation to any of such equipment. The Customer is responsible at all times for the safety and safe custody of such equipment and for the safe use of it and the Business Service.
7. Provision of Information
The Customer must provide BARRITEC with all information and co-operation which BARRITEC may reasonably require to enable
BARRITEC to carry out its obligations.
8. Browser support
BARRITEC supports the latest versions of the following desktop browsers.
If the Customer is not using one of these browsers (or latest versions) to interact with BARRITEC's website, please download or upgrade to a new browser or supported version. If the Customer elects not to upgrade the Customer's desktop browser, the Customer experience may not be optimal, or the Customer may not be able to use certain tools on BARRITEC's website.
PLEASE NOTE: To provide BARRITEC's customers the most effective and secure online access to their accounts, BARRITEC is continually upgrading BARRITEC's online services. As BARRITEC adds new features and enhancements to BARRITEC's service, older browser versions or Internet devices may not support these new standards. Upgrading to a new version will enhance the Customer's security and experience on BARRITEC's website.
For the Customer's increased protection, BARRITEC does not support beta versions of (supported) browsers. BARRITEC regularly monitors and tests browsers to ensure the highest security standards for BARRITEC's customers. Browsers such as Internet Explorer, Firefox, and Chrome may auto update to the latest browser version compatible with the Customer's operating system. If the Customer is using the latest release of the Customer browser, please be aware that there may be a delay in BARRITEC's support of the new browser release while it conducts a review to ensure it meets BARRITEC's security standards. BARRITEC recommends that the Customer downloads and installs a supported browser until the new version is officially supported.
9. Availability and Standard of Service
(i) Wherever possible BARRITEC will give written notification to the Customer of all scheduled Business Service
maintenance alterations or suspensions which shall affect the Customer, such notice to be given at least seven (7) days
prior to the scheduled event.
10. Service Interruption
(i) BARRITEC will grant a credit allowance against charges incurred under the Agreement for Business Service
interruption calculated and credit in 1 hour increments at a rate equal to the amount charged to the customer for the
equipment period of the Business Service
11. Data Protection
(ii) Where the Customer is acting in the course of its business, the following provisions shall apply:
(a) for the purposes of this Condition 11(ii), the following definition shall apply:
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ( (EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
(b) BARRITEC and the Customer will comply with all applicable requirements of the Data Protection Legislation. This Condition 11(ii) is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
Data Controller, Data Processor and Sub-Processorhave the meanings as defined in the Data Protection Legislation). Where BARRITEC is the Customer's Data Processor or Sub-Processor, for the period of the Agreement or until the earlier destruction of the personal data (as defined in the Data Protection Legislation, Personal Data), BARRITEC will process Personal Data supplied to it by the Customer or a third party, for the purpose of providing the Customer with BARRITEC services.
(d) Following the termination of the BARRITEC Business Service, BARRITEC will retain Personal Data for 7 years following termination of the Business Service. The type of Personal Data and categories of data subjects will be all possible in the context of the Customer's business or use of the Business Service (or that of the Customer's client, as the case may be), including, for example, telephone numbers, time of call, duration of call.
(e) Without prejudice to the generality of Condition 11(ii)(b), the Customer will ensure that the Customer (or its client, as the case may be) has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to BARRITEC for the duration and purposes of the Customer's (or its client's, as the case may be) use of the Business Service.
(f) Without prejudice to the generality of Condition 11(ii)(b), BARRITEC shall, in relation to any Personal Data processed in connection with the performance by BARRITEC of its obligations under the Agreement:
A. process that Personal Data only on written instructions of the Customer (or the Customer's client, as the case may be) unless BARRITEC is required by the laws of any member of the European Union or by the laws of the European Union applicable to BARRITEC to process Personal Data (
Applicable Laws). Where BARRITEC is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, BARRITEC shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit BARRITEC from so notifying the Customer;
B. ensure that BARRITEC have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
C. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
D. not transfer any Personal Data outside of the European Economic Area unless BARRITEC complies with reasonable instructions notified to BARRITEC in advance by the Customer (or the Customer's client, as the case may be) with respect to the transfer and processing of the Personal Data;
E. taking into account the nature of processing and the information available to BARRITEC, assist the Customer (or the Customer's client, as the case may be), at the Customer's cost, in responding to any request from a Data Subject and in ensuring compliance with BARRITEC's obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
F. at the Customer's written direction (or its client's written direction, as the case may be), delete or return Personal Data and copies thereof to the Customer (or the Customer's client, as the case may be) on termination of the Agreement unless required by Applicable Law to store the Personal Data; and
G. make available to the Customer (or the Customer's client, as the case may be) all information necessary to demonstrate BARRITEC's compliance with this Condition 11 and allow for audits by the Customer or its designated auditor (or the Customer's client or its designated auditor, as the case may be), such audits to be conducted on reasonable notice (but in any event on giving BARRITEC not less than seven (7) days' notice, unless the Customer (or the Customer's client, as the case may be) has reasonable grounds for giving shorter notice) and during BARRITEC's normal business hours and providing that the confidentiality of BARRITEC's other customers is ensured by such means as BARRITEC or any applicable regulator require.
(g) The Customer consents to BARRITEC appointing third-party processors of Personal Data under the Agreement. BARRITEC confirms that BARRITEC have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this Condition 11.
(h) BARRITEC shall not be deemed to have breached its obligations under this Condition 11 solely by virtue of a breach of the Data Protection Legislation by the Customer as Data Controller or Data Processor (as the case may be) and BARRITEC shall not be liable to the Customer (or its client, as the case may be) for any claim brought by a data subject arising from any action or omission by BARRITEC to the extent that such action or omission resulted directly from the Customer's instructions (or the instructions of the Customer's client, as the case may be) nor for any failure to carry out an instruction from the Customer (or the Customer's client, as the case may be) if BARRITEC has notified the Customer (or the Customer's client, as the case may be) that to do so would be in breach of Data Protection Legislation.
(i) Without prejudice to any accrued or other rights which the Customer and BARRITEC may respectively have, the Customer
or BARRITEC may, by written notice served on the other, terminate the Customer's right to use the Business Service
immediately in the event that:
If the Customer wishes to cancel the Business Service, after commencement of this agreement but before the Business Service commences, BARRITEC may agree to this on the basis that BARRITEC will pay to the Customer any deposit the Customer has paid in advance and the Customer must reimburse BARRITEC all costs which BARRITEC has reasonably incurred including but not limited to the cost of work done and Equipment and services supplied or to be supplied.
14. Suspension of the Service
(i) BARRITEC may elect to suspend forthwith provision of the Business Service until further notice in the event that:
15. Charges and Termination
(i) Unless otherwise stated, prices and other amounts payable to BARRITEC under the Agreement do not include VAT, which
must be paid in addition at the applicable rate.
16. Software and Documentation
Intellectual property rights in all software supplied to the Customer remain the property of BARRITEC or that of its licensor. BARRITEC grants the Customer a non-exclusive non-transferable licence to use the software for the purpose of using the Business Service and for no other purpose.
17. BARRITEC's Liability
(i) Nothing in these Conditions shall exclude or restrict any liability which BARRITEC may have for
(i) The Customer may not without BARRITEC's prior written consent assign or subcontract any of the Customer's rights
and obligations under the Agreement.
19. Late & Failed Payment Charges
(i) Without prejudice to BARRITEC's other rights, if BARRITEC does not receive any payment from the Customer when due,
BARRITEC shall be entitled to a late payment charge at 3% per annum over the base rate of National Westminster Bank plc in
force from time to time on the overdue amount from the due date until final payment, both before and after any judgement.
20. Force Majeure
BARRITEC will not be liable to the Customer for any loss or damage which may be suffered by the Customer due to any cause beyond BARRITEC's reasonable control including, but not limited to, any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act or omission of government, highways authorities, other telecommunications operators or administrators or other competent authorities, war, military operation, or riot, difficulty, delay or failure in manufacture, production or supply by third parties of equipment or any access line.
21. Entire Agreement
This Agreement, and the documents and other items referred to in together represent the entire agreement and understanding between the Customer and BARRITEC in relation to their subject matter and supersede all prior understandings and representations, whether written or oral. The Agreement may only be modified in writing signed by the Customer and BARRITEC. BARRITEC hereby confers the rights of a third party to enforce these contractual terms - namely Phone-paid Services Authority and Ofcom.
22. No Waiver and Severance
(i) Failure by the Customer or by BARRITEC to exercise or enforce any right under the Agreement will not be treated as a
waiver of that right and will not prevent that right or any other right being exercised or enforced on another occasion.
(i) Any notice, statement or other document which may be given by either party under the Agreement shall be deemed to
have been given if left at or sent by post or facsimile transmission (to be confirmed by post) to an address in the United
Kingdom notified by the other party in writing as an address to which notices, statements or other documents may be sent.
24. Governing Law
This Agreement shall be governed by and constructed in accordance with English law. The Customer and BARRITEC submit to the non-exclusive jurisdiction of the English courts. BARRITEC may from time to time introduce voluntary arbitration schemes for the settlement of disputes or certain categories of dispute.