Legal

Any email dispatched by Flextel may contain information that is confidential or privileged. If you are not the intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy. Service emails are an essential part of our service operation.

You may unsubscribe from email notifications at anytime by replying with 'unsubscribe' in the subject line without removing the original email thread. You should note that such an action would lead to termination of your service as set out in our Terms and Conditions.

This is because email is our core channel for all notices and any billing and charging information. It is used to keep you updated with the progress of your order or additional order. Voicemail, faxmail, call notification and recording is also delivered via this channel and the service cannot operate correctly without a valid email address.

About Flextel

• Flextel Limited was formed in 1992 by a team of management professionals, some of whom helped found and launch the Vodafone service. Flextel is UK owned and operated. It provides high quality call management solutions, utilising intelligent phone numbers. This Calling Party Pays service offers real-time call control, from a simple web interface, together with an extensive range of powerful, value added features. Flextel's solutions typically provide small businesses with corporate level communication capabilities, at zero cost. Flextel maintains an ethically led business policy, providing maximum benefit and quality to its Customers, at minimal cost to their callers. Flextel is a National Telecoms Carrier with full BT Interconnect.

Our Products and Services

• We supply Business Numbers in many ranges, including: 0844, 0870 and 0871.
• We supply Personal Numbers in the following ranges: 07010, 070142 and 07017.
• For more details see Which Number Range?
• Our pricing information is located on our Costs page.

Our Terms and Conditions

• Our Terms and Conditions can be read at http://flextel.com/about/Legal/#Terms.
• Our minimum contract term is twelve months.
• A customer may cancel their service, at any time, without charge, by using the automated "Disconnect" facility, located at our website.
• Any customer feeling they may be entitled to compensation or refund, may make a request to Customer Support. The customers request will be reviewed on its own merit, with a view to reaching an amicable settlement.
• Our privacy policy is published at:
  www.flextel.com/about/Legal/#Privacy+Policy

Our Contact Details

• Flextel's Office Hours are 09:00 to 17:00 Monday to Friday, excluding statutory Bank Holidays. In addition, we provide a manned 24-Hour Fault Reporting line for emergency issues.
• Our website can assist you with almost all aspects of our products and services, together with automated signup, Password recovery systems, which are all available 24 Hours.
• You can contact us in one of the following ways:
• Email: ask@flextel.com - Email sent to this address is processed to the relevant Department
• Tel: +44 (0) 870 321 1000 (Normal Office Hours)
• Fax: +44 (0) 870 321 1001
• 24 Hour Fault Reporting - Tel: 0370 3210 151 (This service is unable to offer PIN/Password Reminders)
• Online secure message: www.flextel.com/secure/contact.html
• Post: Flextel Ltd, Flextel House, The Commons, Sandbach, Cheshire. CW11 1EG, UK

Contact Details for Related Organisations

• Ofcom - Office of Communications. Ofcom is the Communications Regulator and can be contacted in one of the following ways:
• Email: contact@ofcom.org.uk
• Tel: 020 7981 3040 / 0845 456 3040
• Fax: 020 7981 3334 / 0845 456 3334
• Post: Ofcom Contact Centre, Riverside House, 2a Southwark Bridge Road, London, SE1 9HA, UK
• Ombudsman Services: Communications - Office of the Telecommunications Ombudsman. Ombudsman Services: Communications is an approved Ombudsman Service for public communications providers and their customers and can be contacted in the following ways:
• Email: Contact Form
• Tel: +44 (0) 330 440 1614
• Fax: +44 (0) 330 440 1615
• Post: Ombudsman Services: Communications, PO Box 730, Warrington, WA4 6WU, UK

Our Complaints Procedure

• To ensure that any complaint can be fully investigated and resolved satisfactorily, Flextel has a clearly defined Procedure that is readily available to all Customers, as follows:
• In the first instance, we ask that Customers contact a Customer Service Advisor via one of the following methods:
• Email: ask@flextel.com - Email sent to this address is processed to the relevant Department
• Tel: +44 (0) 870 321 1000 (Normal Office Hours)
• Fax: +44 (0) 870 321 1001
• Post: Customer Service Advisor, Flextel Ltd, Flextel House, The Commons, Sandbach, Cheshire, CW11 1EG, UK
• In most cases, no further action will be necessary. However, if a Customer Service Advisor is unable to resolve the issue to your complete satisfaction, your complaint will be escalated to the Team Leader, who will contact you within 2 working days. Further investigation will then be undertaken. The Team Leader will then respond in writing within 10 working days of confirmed further investigation.
• If you are still not satisfied with the resolution or explanation provided to you by the Team Leader, you can make a further written complaint to the Complaints Review Department, who will respond in writing within 10 working days of confirmed receipt.
• If you are not satisfied with the resolution or explanation provided to you by the Complaints Review Department, they will provide the necessary information to enable a written complaint to the Executive, who will respond in writing within 20 working days of confirmed receipt.
• In the event that all the above procedures have been followed and completed without eliciting an acceptable response or proposed resolution, we will have exhausted our Complaints Procedure and will issue an email to you stating that we have reached deadlock. Upon receipt of the email stating that deadlock has been reached, or if 8 weeks have passed since the complaint was first made, you have the option to refer your complaint to Ombudsman Services: Communications.
• Ombudsman Services: Communications is an approved Ombudsman Service for public communications providers and their Customers and can be contacted in the following ways:
  • Email: Contact Form
  • Tel: +44 (0) 330 440 1614
  • Fax: +44 (0) 330 440 1615
  • Post: Ombudsman Services: Communications, PO Box 730, Warrington, WA4 6WU, UK

Copies

• Copies of this Code of Practice may be obtained directly from:
  www.flextel.com/about/Legal/#Code+of+Practice.

Trademarks

• Flextel® and the flextel logo shape with the central X®

• Flexible Telecoms™
• Free Flexible Phone Numbers™
• Flexible Telephone numbers for life™
• The right number for the right job™

• Get the right number for the right job™

Plus all the properties it holds worldwide, including its Internet domains.

Flextel Privacy Policy

We have updated this section to reflect the General Data Protection Regulation (GDPR) effective from 25 May 2018 and which is a change to the law relating to personal data. This privacy policy explains how we use the information we collect about you and procedures that we have in place to safeguard your privacy.

Personal data relates to an individual. It could be used to identify you. It includes your name and contact details, but can also include data about your calls, other transactions and your use of our services.

Flextel is committed to protecting your privacy and will only use the information as permitted by law.

Flextel also operates an Ofcom-approved Code of Practice.

1. Information we collect and how we use it

When you purchase any of our products or services we need to know your name, postal address, email address and telephone number. The information submitted may be used for credit checking, as set out below and also for anti-fraud investigations with the appropriate regulatory authorities, as set out in our Terms and Conditions.

If we’re required by law to share your data with other organisations, such as the government, we always do so securely and we won’t share more than we need to. When we ask other companies to process data on our behalf we’ll always make sure they follow similarly high standards to those followed by Flextel. Sometimes we use data to support government initiatives. But any reports that we publish will always be anonymous, so your personal data remains exactly that – personal to you.

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our products and services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

2. Lawful Basis for Processing

We process your information:

1. Where it is in our legitimate interests for the purposes of security, to detect and prevent fraud and to protect our business, consumers and also the business of third parties.
2. Where it is in our legitimate interests to ensure that our customer accounts are well-managed, so that our customers are provided with a high standard of service, to protect our business interests and the interests of our customers.
3. Where it is in our legitimate interests to develop and improve our products and services to ensure we can continue to provide products and services that our customers want to use and to ensure our business model remains competitive.
4. For the performance of our Agreement or to take steps to enter into an Agreement with you.

If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that you agree to any such changes.

Where changes to this privacy policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g. to object to the processing).

3. Email and Text Notifications

Notification by Email is an essential core communication channel for all call processing and other service notices including billing and charging information. It is used to keep you updated with the progress of your order or additional order. Voicemail, Faxmail, Call Notification and Call Recording is also delivered via this channel and the service cannot operate correctly without a valid email address and can be supplemented using text notification. You are in full control of the various levels of email and text notification from within your Account settings.

We also need to provide you with essential information about our service upgrades and related products.

You may 'unsubscribe' from all email notifications at any time by closing your Account and terminating your Agreement with us.

4. Cookies and Website Security

A cookie is a piece of information that is stored on your computer's hard drive by your web browser.

We use cookies in an ethical manner in order to make your experience better and help Flextel to improve its service. Except for site performance measurement purposes, using Google Analytics, we do not pass your usage data to third parties. Flextel does not use cookies to target advertising or otherwise track your activities.

Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of our web site, including purchasing items. However, you may find that certain handy features such as automatic login and saving Account preferences do not work.

Your personal data is sent to our website using best practice encryption methods to protect all personal data and transaction information. All passwords are encrypted in such a way as to make them undecipherable, even by Flextel.

We do not store your credit and debit card details.

5. Credit reference agencies and fraud prevention agencies

The personal information that you provide when you apply for the Flextel service may be used to carry out a credit check with licensed credit reference agencies, and to verify your identity. This is to protect you from identity theft and Flextel from fraudulent credit applications.

Information held about you by the credit reference agencies may already be linked to or associated with records relating to one or more of your partners where you have associated or joint financial arrangements.

During the lifetime of your service agreement with us, we may disclose Account and billing information to the credit reference agencies such as change of address, the payments you made, Account balances, any payment default, dispute, queries and debts. This information will be retained by the credit reference agencies, and may be used by us and other organisations to help make decisions about other credit applications made by you or other members of your household with whom you are linked financially.

We will also share your details with fraud and theft prevention agencies to protect you and us from fraud and theft. Information supplied to these fraud prevention agencies may result in a warning marker being placed against the address or addresses used in any applications and this will be accessible to other members of those fraud prevention agencies. A warning marker means that Flextel and other members of these fraud prevention agencies should take extra precautions to ensure that personal and address information is genuine - this helps to protect an address from any further misuse.

Any information we hold about your Account will also be used for debt tracing and claims assessments. In the event that you do not repay in full and on time, we may tell credit reference agencies who will record the outstanding debt.

If you do not become a customer of Flextel Limited we will continue to hold information about you for customer enquiries, for complying with any legal obligation and for the prevention and detection of fraud.

The Credit Reference Agency Information Notice (CRAIN) describes how the three main credit reference agencies in the UK each use and share personal data. The CRAIN is available on the credit reference agencies’ websites:

• www.callcredit.co.uk/crain
• www.equifax.co.uk/crain
• www.experian.co.uk/crain

6. Retention of your data

We will keep your personal data for as long as we have a relationship with you. Once our relationship with you has come to an end (e.g. following closure of your Account or following a transaction) or, your application for a product or service is declined or, you decide not to go ahead with it, we will only retain your personal data for a period of time that is calculated depending on the type of personal data, and the purposes for which we hold that information.

We will only retain information that enables us to:

The retention period is often linked to the amount of time available to bring a legal claim, which in many cases is six or seven years following closure of your account or following a transaction. We will retain your personal data after this time if we are required to do so to comply with the law, if there are outstanding claims or complaints that will reasonably require your personal data to be retained, or for regulatory or technical reasons. If we do, we will continue to make sure your privacy is protected.

7. Protecting Your Data and Your Rights

The GDPR aims to give you more control of your data. It provides new and strengthened rights. You have certain rights regarding your personal data, subject to local law. These include the following rights to:

• request a copy of the personal data we hold about you;
• request that we supply you (or a nominated third party) with an electronic copy of the personal data that you have provided us with;
• inform us of a correction to your personal data;
• exercise your right to restrict our use of your personal data;
• exercise your right to erase your personal data; or
• object to particular ways in which we are using your personal data.

Your ability to exercise these rights will depend on a number of factors and in some instances, we will not be able to comply with your request e.g. because we have legitimate grounds for not doing so or where the right doesn’t apply to the particular data we hold on you.

You can also logon your Account to update or correct your information, if it changes or if the personal data we hold about you is inaccurate. You can write to Flextel at any time to request us to action any of the above rights or to lodge a complaint about privacy.

If you would like more information on these rights, or wish to exercise them, you can do this by writing to us via our secure Contact Form. Please use the subject: GDPR Privacy Inquiry.

We recommend you first logon to your Account and then click this link. This will save you time, as it avoids you having to go through more onerous security checks, which are required in order to validate your inquiry and so protect your personal information from illicit inquiries.

You must use the above Contact Form with correct subject line. Direct emails or invalid subject lines, will not be processed for data protection security reasons. Alternatively, you can write to:

The Data Protection Officer
Flextel Limited
Flextel House
13-15 The Commons
Sandbach
CW11 1EG

For changes to or copies of your personal data you must enclose:

• a photocopy of your passport or driving licence, so that we can verify your identity.
• Your signature and the date of the request.
• If you are applying on behalf of another person then signed authority from the individual is required.

Flextel Ltd is the ‘data controller’ for your personal data. This means it is responsible for deciding how we can use your personal data.

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to the data protection authority of the United Kingdom using their website - https://ico.org. uk.

To find out more about the GDPR, please visit the Information Commissioner’s Office website – it’s an independent authority that upholds information rights in the public interest.

8. Automated processing

The way we analyse personal data in relation to our services may involve profiling, this means that we may process your personal data using software that is able to evaluate your personal aspects and predict risks or outcomes. We may also use profiling, or otherwise employ solely automated means, to make decisions about you that relate to:

• transaction monitoring for fraud, either to prevent you committing fraud, or to prevent you becoming a victim of fraud;
• identity and verification checks;
• credit limit decisions;
• credit and affordability assessment checks to determine whether your application will be accepted;
• anti-money laundering and sanctions checks;
• assessments we are required to carry out by our regulators and applicable authorities;
• determining if an account is dormant due to lack of telecoms activity and dealing with its closure and or asset recovery;

This is known as “automated decision-making” and is only permitted when we have a legal basis for this type of decision-making. We may make automated decisions about you:

• where such decisions are necessary for entering into a contract. For example, we may decide not to offer our services to you, or we may decide on the types of services that are suitable for you, or how much to charge you for our products based on your credit history and other financial information we have collected about you;
• where such decisions are required or authorised by law, for example for fraud prevention purposes; or
• where it is a reasonable way of complying with government regulation or guidance, such as our obligation to treat customers fairly.

You can contact us to request an automated decision to be reviewed by a human being.

Flextel Terms and Conditions of Service

1. Definitions

'We', 'Us' and 'Our'

'Flextel'

'You' and 'Your'

'Account'

'Admin Password'

'AIT'

'Activation' and 'Activate'

'Address'

'Agreement'

'Call Seconds'

'Charges'

'Connection Charge'

'End User'

'Equipment'

'Flextel Number'

'FlexCredit'

'FlexPoints'

'Minimum Term'

'Minimum Usage'

'Network'

'Obligations'

'Order'

'Price List'

'Selection Charge'

'Quarantine Period'

'Services'

'Service Charges'

'Signed' and 'Signing'

'Traffic Data' and 'Call Statistics'

'Usage Charges'

'VoIP'

'Website'

2 General Conditions

1. By using the Services you will be deemed to have accepted this Agreement.
2. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us.
3. It supersedes all understandings or prior agreements whether oral or written, and all representations or other communication between you and us.
4. You may not assign or try to assign any or all of your rights and responsibilities under this Agreement but we may assign all or any of ours without your consent being required.
5. You agree to the disclosure to any telecommunications regulator, telecommunications company, debt collection agency, credit reference agency, security agency, or financial institution, of any information relating to this Agreement and your Account or such other disclosure as may be within our Data Protection registration.
6. We agree to protect your data and privacy as set out in our Privacy Policy.
7. You must inform us of any change in the Address by updating your Account promptly.
8. We will address all bills and any notices under this Agreement to the Address.
9. Any bill or notice from us to you shall be deemed served at the Address within 48 hours of either posting or dispatch by Email, the method of transmission being at our sole discretion.
10. Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it was given. It does not affect our rights under the Agreement in any other way.
11. This Agreement shall be governed, construed, and shall take effect in accordance with the laws of England. It shall be subject to the jurisdiction of the English Courts.
12. In the case of a complaint, in the event we cannot reach agreement, we will send You a deadlock letter, in which case you have the option to refer certain disputes to arbitration under an Alternative Dispute Resolution (ADR) scheme, in accordance with our, Ofcom-approved, Code of Practice for Complaint handling. If the complaint is not considered vexatious, it will normally be processed by the ADR scheme provider at no cost to You.

2.1 Acceptance of Orders

1. We will only be bound by your Order once your Email Address has been validated and any initial Charges have been paid and any due diligence checks have been completed.
2. It is your responsibility to verify that your email mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.

3. Your Account

1. We will open an Account in your name in which all Charges will be recorded.
2. Your Account is protected by the Password, which we will provide to you and you may change but must keep secure at all times.
3. According to your Order, we will issue you with a Flextel Number and make the Services available to you as soon as reasonably practicable.
4. You may apply for additional Flextel Numbers at any time to be added to the Account or an additional Account.
5. Each Order for additional Flextel Numbers accepted by us will be subject to the terms and conditions of this Agreement.
6. You will be provided with a PIN for each Flextel Number you Order, which you may change but you must keep secure at all times.

4. PIN and Password Security

1. You must not reveal your PIN or Password to any third party, unless they are acting as your authorised agent.
2. Regardless of the use of your authorised agent, you will remain liable at all times for the operation of the Flextel Number under the terms of this Agreement until you request us to disconnect the said number in writing or until a third party accepts the transfer of the number by Signing a new Agreement with us for that number.

5. Minimum Term & Usage

1. Unless we have otherwise agreed in writing, each Flextel Number is issued to you for the Minimum Term of twelve (12) months from the date that we first make the service available to you.
2. In order to conserve numbering resources and to comply with Ofcom numbering regulations, each connected Flextel Number is provided to you on the basis that you receive at least one answered call per year, the Minimum Usage, to indicate to us that your Flextel Number is still in use and still required by you.
3. In the case of numbers that are connected either free of charge or by using a Flextel Voucher, you must receive the first call within 30 days of connection, in order to avoid automatic recovery by our systems.

6. Provision of Services

We will use reasonable efforts to make the Services available to you at all times. However, the quality and availability of the Services may be affected by factors outside our control such as fire, flood, land heave and subsidence, physical obstructions, atmospheric conditions, Acts of God, industrial action, default or failure of a third party, or governmental or regulatory intervention. The Services may also be affected by faults in other telecommunication networks to which the Network is connected.

6.1 Service Provision

1. The Service may not be available on all networks within the United Kingdom, nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.
2. We may vary the technical specification of Service from time to time.
3. The Network may from time to time require upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.
4. We may record or monitor telephone calls between you and us (or our agents) for training, quality control and our lawful business purposes.
5. You are solely responsible for evaluating the accuracy, completeness the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services, except in the case of negligence on our part.

6. 2 The services are made available to you on the basis that you :-

1. must give us any information which we may reasonably request.
2. must comply with any reasonable instructions issued by us which concern your use of the Services.
3. must not use or permit anyone else to use the Services :-
   1. fraudulently, or in connection with a criminal offence, in breach of any law, regulation or statutory duty;
   2. to make a call or send a message which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;
   3. to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
   4. other than in accordance with acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards;
   5. to generate AIT;
   6. to persistently send automated unsolicited communications.
   7. in breach of data protection regulations, including but not limited to, the General Data Protection Regulation (GDPR) and its successor data protection regulations (if any).
4. must not appear on the Ofcom Consumer Protection Test lists or the Phone-paid Services Authority Prohibition List.
5. must comply with any relevant Phone-paid Services Authority regulations. Depending on your service use you may be considered by the Phone-paid Services Authority to be a service provider.
   1. Agree that by using the service as a Phone-paid Services Authority designated Network Operator we may, without notice, use your personal data to make various checks, including anti-fraud with various regulatory authorities, including but not limited to Phone-paid Services Authority and Ofcom.
   2. Indemnify Flextel, as your Network Operator, from all liability, in case of your non-compliance with your obligations as a Phone-paid Services Authority Service Provider.
6. you provide us with an Address for billing purposes and that you maintain this Address and that you update your Account promptly of any changes to it.
7. you acknowledge and agree that if you use the Services (the 'Flextel Service'), that:-
   1. There are important differences between traditional telephone services and the Flextel Service which is primarily designed for alternative incoming call handling;
   2. You understand that the Flextel Service is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations, or law;
   3. The Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points ('Emergency Services');
   4. If you decide to adapt the Flextel VoIP inbound call service to originate calls from your own VoIP equipment then you agree and understand that you are responsible for the provision of access to Emergency Services compliant with your local and/or national rules, regulations, or law of the specific country or jurisdiction e.g. it is your responsibility to ensure your users have access to Emergency Services for instance by purchase or connection via traditional wireless (mobile) or fixed-line telephone services;
   5. The Flextel Service is not a replacement for your primary telephone service, except where Flextel has full turnkey responsibility to install and manage the end-user equipment.

7. Charges - What and How You Pay

1. All charges, if applicable, are shown in the Price List. VAT will be added to all bills at the current and applicable rate.
2. Prices may be subject to change, for further details see the up to date Price List on our website.
3. You will remain liable for all Charges for the Services provided to a Flextel Number Ordered by you, whether or not used by you.
4. We reserve the right to apply a monthly financial limit for any Usage Charges incurred under your Account.
5. We reserve the right to suspend access to the Services, in whole or in part, if you have insufficient Prepaid Credit to cover the entire call routing or if your monthly billing limit is exceeded.
6. We reserve the right to recover our costs where Ofcom imposes charges for number block reservation or allocation.

7.1 Monthly Billing/Credit Account

1. Payment is due strictly 30 days from the invoice date, the "Due Date".
2. If payment is not made on or before the Due Date, we may suspend the Services and charge interest on all sums outstanding at the rate of 4% above the base rate of Barclays Bank plc. The interest rate used shall be that in force on the bill date, and will be applied from the bill date until the date of actual payment.
3. It is our current policy to bill you in advance for Service Charges and in arrears for any Usage Charges. We do reserve the right to amend the billing period and to submit interim bills to you. Connection Charges and Selection Charges are due at the time of Order.
4. Charges outside any plan, are billed monthly in arrears, subject to your credit limit. In the event that your credit limit is exceeded, your services will be blocked and credit limit warning emails will be sent to the address registered in your Account. Your credit limit is determined by us, details of which are available on request.
5. For mission critical systems, it is your responsibility to request an adequate credit limit with us, to suit your specific purposes and anticipated monthly call and text volume.

7.2 Prepaid Services

1. For those Pay-As-You-Go services ordered using the pre-payment charging method you may choose to top-up your Account with funds at a time and to a level of your choosing, subject to minimum funding levels, as specified in the Price List. This is your 'FlexCredit' level.
2. An invoice will be dispatched to your Address once payment has been cleared by our systems. This is normally within three working days.
3. You pay for the Service by purchasing FlexCredit, using your credit card or debit card or by any other method approved by us from time to time.
4. Each time you incur charges, the FlexCredit that are registered on your Account will be reduced according to the duration of the call/message and the type of call/message by reference to the charges shown in the Price List.
5. FlexCredit purchased by debit card or credit card or Paypal will be credited to your Account, subject to security checks.
6. You can choose to permit Auto-Topup at the time when you buy FlexCredit. Your FlexCredit balance will be topped-up with the same amount and by the same payment method chosen when you first sign up for Auto-Topup. You can subsequently change the amount by accessing your Account. If selected, Auto-Topup will occur when your FlexCredit drops below half the Auto-Topup amount you have selected. You can disable Auto-Topup at any time by accessing your Account.
7. We are not obligated to make a refund to you when you have purchased more FlexCredits than you intended, for whatever reason. If you wish to stop using the Service at any time, there will be no refund of unused FlexCredits. This is an anti-fraud and money laundering measure.

7.3 Monthly Plans

1. Monthly Plans allow you to bulk purchase a volume of minutes, 'Allowance', of the type for that Plan, at a discount to those paid for by FlexCredits.
2. Each Plan will start and renew one month after your opt-in date and runs for a month or until you have used your stated Allowance, whichever is sooner.
3. For each call made which is within the Plan, your Plan Allowance will be deducted by the call duration, rounded to the next whole minute.
4. In addition to 7.3iii, for every call received on your 080 numbers, your Plan Allowance will be deducted by the call duration, rounded to the next whole minute.
5. Call types not within the Plan, will be chargeable, as per the Prepaid tariff.
6. Once you have used your stated Allowance, calls will be chargeable, as per the Prepaid tariff.

8. Rewards Program

1. By opening an Account you will be eligible to enter the FlexPoints reward Program. You agree that you have read, understood and accepted the program rules.
2. The FlexPoints reward structure is subject to modification, cancellation, or limitation at Flextel's discretion, with or without notice.
3. The number of FlexPoints required to redeem any reward may be substantially increased, any reward may be withdrawn, and restrictions on any reward or reward redemption may be imposed at any time. The current redemption rates will be available on the Flextel website rewards page(s).
4. FlexPoints may be collected by calls received by yourself or anyone you refer; or purchases from Flextel via Paypal made by yourself or anyone you refer, using a Flextel approved referrer link. The number of FlexPoints collected for a purchase or call will be specified on the Flextel website rewards page(s).
5. FlexPoints may be redeemed to FlexCredit or Flextel Vouchers at any time at the current redemption rate.
   1. Vouchers can only be used for Connection of Flextel Numbers up to the value specified. They have no monetary value and cannot be exchanged for cash.
   2. Vouchers are valid up to and including the designated expiry date.
6. FlexPoints may be redeemed to cash, at the current redemption rate, via your Paypal account, for amounts of £10 and over, but not more than £100 per month subject to the following terms:
   1. FlexPoints collected in the current and previous 2 months are not eligible for cash redemption.
   2. FlexPoints collected from calls to your 070 numbers are not eligible for cash redemption, due to Ofcom restrictions.
   3. Payment can be made to your nominated Paypal account only.
   4. The nominated Paypal account must have previously made a purchase from Flextel.
   5. The satisfactory outcome of our due diligence process, this being based on the Phone-paid Services Authority recommended due diligence process.
7. We reserve the right to withhold payment in the event of failure to meet the above terms or that we have reasonable grounds for suspecting AIT or other fraudulent or unlawful activity.
8. When you promote our service you agree that you:
   1. accept that you are acting independently and not as part of Flextel.
   2. shall not make any representation for or on behalf of Flextel.
   3. shall immediately bring to the attention of Flextel any improper or wrongful use of our Trademarks.
   4. shall not share with end users any revenue obtained from providing a Personal Numbering Service in accordance with Personal Numbering acceptable use policy as published by Ofcom or its legal successors
   5. fully comply with all relevant Phone-paid Services Authority Service Provider regulations.

9. Liability

1. In the case of death or personal injury caused by negligence on our behalf, Flextel will accept liability without limitation, where you deal as a consumer (as defined in Section 12, Unfair Contract Terms Act 1977) for any breach by us of any obligation implied by statute to use reasonable skill and care in the provision of the Services.
2. We also accept liability up to a maximum of one thousand pounds for direct physical damage to or loss of property resulting from our negligence.
3. You are required to notify us of any claim as soon as reasonably practicable and in particular, within ten (10) days of you suffering any alleged physical damage to or loss of property. This Section specifies our entire liability (including liability for negligence) to you.
4. Except as provided above, we shall not be liable for any loss, damage or injury to you whatsoever or howsoever whether direct or indirect, consequential or contingent and whether foreseeable or not. In particular we shall not be liable for any financial loss, loss of business, profit, savings, revenue use, or goodwill. All other statutory express, implied, or collateral terms, conditions, or warranties are negated and excluded.
5. We will not be liable to you in any event if we are unable to perform an obligation or provide the Services to you because of any factor outside of our control, including but not limited to Acts of God, industrial action, default or failure of a third party, governmental or regulatory intervention.
6. You are required to indemnify us in respects of any costs or legal fees incurred by us as a result of any breach of this Agreement by you.

10. Suspension of Services

We may suspend the Services in whole or in part and disconnect any Flextel Number from the Network, and close your account, at any time without notice if:
1. you provide us with an invalid Address.
2. you fail to maintain a current and valid Address for us to communicate with you or if we find any of your information to be false at any future date.
3. the Network breaks down, or requires modification or maintenance. We will use our reasonable efforts to keep such events to a minimum.
4. you do not comply with any of the terms of this Agreement or you exceed any financial limit imposed by us under this Agreement.
5. you act in such a way that the operation of the Network will be jeopardised or impaired.
6. you become listed on the Ofcom Consumer Protection Test lists or the Phone-paid Services Authority Prohibition List.
7. you fail to comply with Ofcom or the Phone-paid Services Authority regulations.
8. you do not use your Flextel Number to answer a call for a continuous period of twelve (12) months, then in order to conserve numbering resources and to comply with Ofcom numbering regulations, your number will be automatically disconnected and may be returned to stock for resale. In the event that the last number on any account is disconnected by us, we reserve the right to close your Account. All FlexPoints allocated to this account will be lost in this case.

10.1 Charges and Reinstatement

1. You will remain liable for all Charges during the period of the suspension. Flextel reserve the right to review our decisions For example, we would waive charges in the unlikely event that the Network suffered a complete breakdown.
2. If you require reconnection we reserve the right to make a charge for any reconnection and apply different payment terms to you as a condition of reconnection, except only in the circumstances where the Network breaks down, or requires modification or maintenance.
3. Where any such suspension occurs, we shall send you Notice in writing to your last known Address. You shall be liable for any administration charges we deem applicable to unbar your number and/or Account.

11 Variation

1. We may vary any of the terms and conditions of this Agreement from time to time including charges if new legislation, statutory instruments, or other governmental or regulatory interventions make it necessary.
2. In such cases we will use our reasonable endeavours to provide thirty days notice of such changes only providing that such interventions are made firm by the regulatory authorities ninety days prior to the planned date of enactment of the said interventions. This is to permit us reasonable time to design, test, modify service changes, including software and hardware systems and vary contract with our suppliers, such as BT. In the absence of us receiving the said ninety days notice, we reserve the right to change our terms without this notice period notice.
3. In all such cases you agree that we cannot be held responsible for such events and that we shall have the right to claim force majeure and be absolved from liability, except where explicitly stated elsewhere in this Agreement.
4. Please note this Agreement is updated from time to time. Changes will be posted on our website at: www.flextel.com/about/Legal/#Terms. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.

12 Termination - When the Agreement Ends

12.1 Termination by Us

We may terminate this Agreement in whole or in part immediately if:
1. you request to be removed from our Service update notifications which we may send you from time to time, you agree to waive all rights to use the Flextel Service.
2. you fail to comply with Ofcom or Phone-paid Services Authority regulations or we have a Reasonable Suspicion of fraudulent activity associated with your Account.
3. you do not maintain your current Address in your Flextel Account.
4. you are in breach of any of the terms of this Agreement and you do not remedy the breach within 7 days of the date of a written notice from us specifying the breach.
5. you make, or offer to make, any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against you; or if you are a limited company and any resolution to wind up that company is passed, or if a receiver is appointed over the whole or any part of such company's assets, or if we reasonably anticipate that any such events are imminent (in either case) if you take or suffer similar action on account of debt.
6. any licence to run the Network, whether issued under the Wireless Telegraphy Act 1949 to 1967, the Telecommunications Act 1984, the Communications Act 2003, any relevant EU directive or otherwise is revoked, terminated or modified for any reason either in whole or in part.
7. we cease to make the Network available for any reason.
8. if we terminate this Agreement for any reason other than (vii) above, you must pay all outstanding Charges on your Account, including outstanding Service Charges for any Flextel Number still within its Minimum Term.
9. In the event that the last number on any Account is disconnected for any reason, we reserve the right to close your Account, in which case all your collected FlexPoints will be lost and your Agreement may be terminated, at our sole discretion.

12.2 Termination by You

1. If you terminate this Agreement for any reason you must pay all outstanding Charges on your Account including outstanding Service Charges for any Flextel Number still within its Minimum Term.
2. If there are no outstanding charges and you want to terminate this Agreement or any individual Flextel Numbers under it, you may do so at any time, without charge by using the "Disconnect Number" facility made available on the Website, at which point the Flextel Number will be returned to us for reallocation to another customer after the Quarantine Period.
3. If you wish to terminate the Agreement, but retain the Flextel Number, using the industry standard Number Portability facility then, within the Minimum Term we will make a charge, by way of compensation, for ending the service early. This charge will be calculated, for each of the numbers you wish to retain, by multiplying the months (or part months) remaining of the Minimum Term by £10. After the Minimum Term has been reached, you may terminate the Agreement at any time and retain your Flextel Number, by giving us written notice and paying any industry standard porting fees applicable at that time. Your Flextel Number will be disconnected from your Account and marked as 'Ported' within the Network.
4. In the event that the last number on your Account is disconnected by you, we reserve the right to close your account, in which case all your collected FlexPoints will be lost.

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Flextel® and the Flextel device is a registered Trade mark of Flextel Limited.
Registered Office: Flextel House, The Commons, Sandbach, Cheshire, CW11 1EG, England. Registered in England No. 2772380