LycaTalk | Terms & Conditions
A - Definitions
In these T&C,
A1 “we/us/or LYCATALK” shall mean Lycatel Services Limited
incorporated in the United Kingdom and having its principal
place of business at 3rd Floor Walbrook Building, 195 Marsh
Wall Road, London, E14 9SG register number 5396108
A2 "Lycatel's systems and networks" shall mean the
communications systems and networks utilised by LYCATALK to
provide the Service.
A3 "Account" shall mean the electronic mechanism that
records the value of the Client's prepayment and all Charges
incurred by the Client under the terms of this Agreement in
using the Service up to the value of the Client's
A4 "Account Number" shall mean a number issued by LYCATALK
to the Client which the Client uses in conjunction with the
PIN & CLI where appropriate to prove to LYCATALK that the
Client is entitled to access the Account and to utilise the
A5 "Call" shall mean the establishment of a connection via
Lycatel's systems and networks between the Client's
residential Telephone, mobile and other Telephone numbers
registered by the Client.
A6 "Charge" shall mean a sum of money owed to LYCATALK as a
result of the use of the Service by the Client.
A7 "you/your/ the Client" shall mean the person ordinarily
resident in the United Kingdom and Northern Ireland having
or using a prepaid residential Account and includes any
person enabled or permitted by the Client to utilise the
A8 "PIN" shall mean the personal identification number
issued by LYCATALK to the Client to use in conjunction with
the Account Number or the Client's Telephone number (when
applicable) to access the Account.
A9 "Service" shall mean the supply by LYCATALK to the Client
of national and international telecom communication services
via Lycatel's systems and networks and includes any other
services that LYCATALK to the Client from time to time.
B- The LYCATALK service
B1 Subject to the terms of this Agreement, LYCATALK will
provide the Client with the Service only if the Client has
credit remaining on the Account.
The Account holder will not be deemed as a Client or will
not be eligible for any claims if no prepayment has been
made to the Account.
C- Charges and Payment of the service
C1 The Client is liable for all Charges arising from use of
the Service that is made by any person through the Account.
C2 Charges are calculated in accordance with LYCATALK's
current tariff from time to time which is available on
request from LYCATALK.
C3 Charges accrue from the date on which the Client
commences use of the Service.
C4 The Client can only use the Service if they have first
established an Account with us. An Account can be
established by Telephone from our call centre or using our
automated Telephony or our internet services.
C5 Payment into an Account is to be made by credit card and
debit card or by such other method as we may agree to from
time to time.
C6 You may only incur Charges when you have established an
Account. Charges for each Call will be deducted from the
value of credit in an Account as Calls are made. When the
credit in your Account is used up the Call will be
discontinued and an additional prepayment must be made to an
Account if the Client wishes to continue to use the Service.
C7 The Client is not responsible for Charges arising after
LYCATALK has received notification of termination from the
Client or notification of loss or theft of an Account Number
and/or the PIN. The Client is responsible for Charges
arising from Calls made until one hour after LYCATALK is
notified of such termination, loss or theft.
C8 The referral call credit will
become payable to the referrer’s account after at least 15
days following the total £30 top-up of the referred account.
The referral bonus will only be payable where the referred
account is from a different postal address, is purchased
using a different method of payment and reflecting different
call records. However, awarding of the credit will be on
complete discretion of LYCATALK. Fraudulent claims of
referral credits can result in account suspension of both
D- Client Use of the Service
The Client undertakes:
D1 To use Service only in accordance with LYCATALK's
reasonable written instructions from time to time. The
Service is made available to the Client on condition that
the Client does not re-supply or resell or otherwise make
the Service available to any person on an arms-length
commercial basis, and that the Client does not use the
Service in any way or for any purpose prohibited by law. The
Client agrees to indemnify LYCATALK to the fullest possible
extent against any claims, losses, damages, costs,
liabilities and expenses (including, without limitation,
legal costs and expenses) resulting from illegal actions in
relation to use of the Service made through an Account by
the Client or by any other person. If the Client believes
that someone else has used the Service through an Account
without the Client's or LYCATALK's permission then the
Client should notify LYCATALK at the first reasonable
opportunity otherwise the Client may be liable for any
losses that the Client and/or LYCATALK suffers as a result.
D2 Not to use or attempt to use an Account or the Service
following termination of this Agreement;
D3 To notify LYCATALK immediately, by calling a LYCATALK
customer services representative on 02071012228, on becoming
aware of any abuse of an Account, a PIN, an Account Number
and the Service;
D4 Not to use the Service:
a) to send a communication which is offensive, abusive,
indecent, obscene or menacing or which may cause annoyance,
inconvenience or needless anxiety to anyone; or
b) to violate or infringe the rights of any person.
E- Personal Identification Number ( PIN) and Registration of
E1 LYCATALK will issue an Account Number and a PIN to a
Client who has opened an Account to enable the Client to use
the Account to pay for Charges incurred in using the
Service. The Client must at all times keep the Account
Number and the PIN confidential and shall not disclose it to
anyone. The Client is liable for unauthorised use resulting
from disclosure of the PIN.
E2 The Client will register a residential Telephone numbers
and / or mobile phone with LYCATALK to enable automatic
access to be made to his or her Account to make Calls from
these residential Telephone numbers and / or mobile phone
the Client will be liable, subject to clause C7, for all
Charges incurred through the use of this automated access by
the Client or by any other person whom the Client enables or
permits to access an Account and the Service via the
Client's registered residential Telephone numbers and or /
mobile phone. The Client must therefore ensure that they
take care to control access to the residential Telephone
numbers and / or mobile they register.
F- LYCATALK's Rights
F1 LYCATALK is entitled at any time to alter the Account
Number or any other name, number, PIN or code issued by
LYCATALK as part of the Service and to renew or replace the
F2 The Service and/ or any Account may be suspended at
LYCATALK's sole discretion where it has reasonable cause to
F3 LYCATALK shall be entitled to
amend and/or update these terms and conditions immediately as and when required.
G1 LYCATALK will only be liable to the Client as a result of
its breach of this Agreement or its negligence up to the
amount remaining prepaid on the Client's Account at the time
of the act or omission causing the breach or negligence.
G2 The Account and the Service are
provided for private non-business use by individuals only
(not companies) and despite anything else contained in this
Agreement (other than Clause G4 below), LYCATALK is not
liable to the Client for harm to a business, lost revenues,
loss of anticipated savings, lost profits, indirect,
consequential or special losses regardless of the form of
action arising in connection with this Agreement, whether in
contract, tort or strict liability, including negligence of
any kind whether active or passive.
G3 LYCATALK is not liable for any loss, damage or
inconvenience suffered by the Client as a result of any
suspension or termination of an Account and/or of the
G4 Nothing in this Agreement serves to limit either party's
liability in respect of death or personal injury caused by
or arising from that party's negligence.
G5 LYCATALK makes no warranties, conditions, guarantees or
representations as to quality or fitness for a particular
purpose of an Account or of the Service or other warranties,
conditions, guarantees or representations whether express or
implied, oral or in writing, except as expressly stated in
this Agreement and to the fullest extent permitted by law
LYCATALK excludes all liability for the accuracy (or
inaccuracy) of any material or other information provided by
LYCATALK or made available by any third party, for any third
party goods or services purchased or obtained or any
transactions entered into by the Client using LYCATALK's
internet service, or the transmission or reception of (or
failure to transfer or receive) any information or software.
G6 LYCATALK cannot guarantee that the Service will be free
of faults or interruptions, timely or secure to the extent
that it may be affected by things LYCATALK cannot control,
such as lack of network capacity. LYCATALK will provide the
Service with reasonable skill and care, but if the Client
does experience a problem, or suspect a fault then the
Client should contact LYCATALK's Client call centre promptly
by calling a customer services representative on 02071012228
This Agreement will remain in force until terminated by
H1 on not less than seven (7) days' notice in writing; or
H2 on notice taking immediate effect if the other party has
committed a material breach of this Agreement which is
incapable of remedy; or
H3 on notice taking immediate effect if the other party is
subject to bankruptcy or equivalent proceedings, or becomes
insolvent or makes any arrangement or composition with or
assignment of the benefit of creditors or if any of its
assets are subject to any seizure, or if it goes into
liquidation either voluntary or compulsory, or if a receiver
or administrator is appointed over any of its assets or
Compliance with Distance Selling Regulations (can also be
termed as “Cooling Off Period”)
Under the Distance Selling Regulations you have the right to
cancel your Service for any account opened on our website or
through our telesales team and claim a full refund incase
the Service is unused and refund of balance credit on
account if the Service has been used. Any promotional
credit/bonus awarded to open the account will not be
refunded and will be deducted from the balance credit before
payment refund if it has been used. To cancel your order you
must notify us within seven  working days following the
day of account opening. You must claim refund to us as
required by these Terms and Conditions
wish to exercise your rights under the Distance Selling
Regulations your order may only be cancelled in writing, by
fax ( 02075366598 )or by e-mail
email@example.com . For the safety
of account details, telephone cancellations cannot be
accepted. You can contact our Customer Care Dept on
The Service should be cancelled within seven  working
days from the date we receive your cancellation. If you are
unable to send your cancellation requests to us within seven
 working days you must contact us as mentioned above.
We are not
obliged to accept the cancellation of the services unless
covered by the Distance Selling Regulations as outlined
above and you have notified us of cancellation in writing
within seven  days of delivery, except where the Service
is faulty or wrongly described before sale.
I- Effects of Termination
I1 Termination of this Agreement will be without prejudice
to the rights and obligations of the parties accruing prior
to such termination.
I2 If LYCATALK terminates this Agreement in accordance with
clause H1, or the Client terminates this Agreement in
accordance with clause H2, LYCATALK will refund to the
Client any amount which has been prepaid and is not
accounted for by Call Charges up to the date of termination
minus an administration charge of £5, if the credit level
held in the account is less than £5 then the full amount
held in the account will be charged.
promotional credit/bonus awarded to open the account will
not be refunded and will be deducted from the balance credit
before payment refund if it has been used.
J1 Neither party is liable to the other for any breach of
its obligations including any delay or failure in
performance of any part of this Agreement to the extent that
such breach is caused by any cause beyond the party's
J2 If any provision of this Agreement is or becomes invalid,
illegal or unenforceable in any respect then the validity,
legality and enforceability of the remaining provisions
shall not in any way be affected or impaired.
J3 This Agreement embodies all the terms agreed between the
parties relating to the provision of an Account and of the
Service contemplated by it and supersedes all previous
agreements, representations, assurances and arrangements
between the parties.
J4 No waiver by either party for any failure by the other to
observe or perform any provision of their Agreement shall be
deemed a waiver of any preceding, succeeding or continuing
breach of such provision or of any other provision of this
J5 Words in the singular shall be construed as including
words in the plural and vice versa; references to Clauses
are references to Clauses of this Agreement; headings are
for convenience only and are not intended to affect the
interpretation or construction of this Agreement; and
references to LYCATALK include references to its successor
in title and assigns.
J6 Words and phrases used in this Agreement that are
prefaced or qualified by the words "include" "includes" or
"including" are to be construed without limitation.
J7 This Agreement is governed by and interpreted and
construed in accordance with English law and is subject to
the non-exclusive jurisdiction of the English courts.
J8 LYCATALK reserves the right to transfer or assign all or
part of this Agreement to another person.
J9 Any notice under this Agreement, whether required to be
written or otherwise, may be given by us to you by post,
personal service, email or SMS messaging to any email
address, or phone number, you have given us to correspond
with you. You must give notices to us by post or personal
service to our address set out in Clause A1.
J10. A surcharge of 25p per minute will apply to all calls made using a
J11. The rates shown are applicable prices and are correct at time of updating on this website (02/07/2010) (05/10/2010) We are constantly reviewing our prices and as such they may change at any time, for up to date pricing please refer to our web site www.lycatalk.com or refresh if on the site already or call customer services on 0207 101 2228.
K- Client Personal Information
K1 Information you provide or we hold (whether or not under
this Agreement) may be used by us, our employees and/or
agents and/or other authorised parties to:
(a) identify you when you make Telephone enquiries;
(b) help administer any Accounts, the Service and other
services and products offered by the Lycatel group and its
selected partners now or in the future;
(c) help to detect fraud, loss or criminal activity; and
(d) write to, or Telephone, you with information about other
services and products offered by us and our carefully
K2 We may also disclose your information to other companies
in the Lycatel group and to our partners for any of the
purposes set out above. A list of the companies and our
partners is available on request.
K3 In order to tell you about discounts and offers that may
be available, we will process information about your use of
the Account and of the Service, including the time you make
calls and frequently called numbers.
K4 In connection with this Agreement we may carry out credit
and fraud prevention checks with one or more licensed credit
reference and fraud prevention agencies and they will retain
a copy of the search. Information from your application and
payment details of your account will be recorded with one or
more of these agencies and may be shared with other
organisations to help make credit and insurance decisions
about you and members of your household and for debt
collection and fraud prevention purposes. This includes
those who have moved house and are in default.
K5 If you provide false or inaccurate information and we
suspect fraud, we will record this. Lycatel and other credit
organisations may use and search the records referred to in
(a) to make decisions on credit or credit-related services
for you and other members of your household;
(b) for debt collection, fraud prevention and management of
your Account; and
(c) to check your identity to prevent money laundering
unless other satisfactory proof of identity is provided. If
you require details of those credit reference and fraud
prevention agencies from which we obtain and with which we
record information about you, then please contact us.
L- Call Records
L1 LYCATALK does not issue itemised call records. You may
inspect your call record via our web site as described on
our website or by the customer services. Any
request for itemised records should be sent via e-mail or by
post to LYCATALK and may incur charges depending on the
request made. The charges will be explained by the customer
services or via e-mail before sending the request
information. The call records would then be sent after the
customer accepts the charges which would be then debited
from the customer’s account. You accept that any
supply of the Service to any person making Telephone calls
on your Account is deemed to be authorised by you and that
you must pay any Charges arising out of that use unless you
let us know at the first reasonable opportunity if you
discover that someone is using your Account without your
M- Suspension of Service
M1 LYCATALK may suspend and/or disconnect your Service at
its discretion. We will normally inform you first if we are
going to suspend or terminate your access to your Account
and/or to the Service.
This policy applies to personal
information held about individuals. It does not apply to
information that we hold about companies and other
Lycatel Services Limited puts great importance on the
protection of your privacy. This policy explains how we may
collect information about you and then use it in order to
satisfy your particular needs. It also outlines some of the
security measures that we take in order to protect your
privacy and gives certain assurances on things that we will
not do. Lycatel Services Limited is committed to providing
you with a personalised service that meets your needs in a
way that safeguards your privacy. When we obtain personal
information from you, or when you take a new service from
us, you can choose not to receive information from us about
other services (to "opt out"). Normally this is done by way
of a check box on the screen. You may change your decision
at any time by telephoning us, writing to us or emailing us
to inform of the change. Some of the personal information
that we hold about you may be sensitive personal data within
the meaning of the Data Protection Act 1998 Lycatel Services
Limited will use your sensitive personal data only for the
specific purpose for which it was provided by you.
Personal Information includes information: (1) That we
obtain from you or already hold about you; (2) That we
receive from enquiries we make in connection with any
application to, or agreement with us or any member of the
Lycatel Services Limited group; (3) That we receive from
searches made by us or any member of the Lycatel Services
Limited group in your name with credit reference agencies,
insurance claims registers or fraud prevention agencies; (4)
That we obtain about any account or policy which you, or a
member of your household, holds with or through us; and (5)
That we receive from anyone permitted to give information
about you to us or any member of the Lycatel group.
Collection of Personal Information
We may collect personal information about you from a number
of sources including: (1) from you when you agree to take a
service from us, in which case this may include your contact
details, date of birth, payment method (Credit and Debit
card) and possibly bank account details; (2) from you when
you contact us with an enquiry or in response to a
communication from us, in which case this may tell us
something about your preferences; (3) from publicly
available sources, such as the electoral register.
Use of Personal Information
We will use personal information about you for a number of
purposes, including: (1) to help to identify you when you
Telephone us to make an enquiry. For example, by asking you
for your date of birth or Telephone number so that we can
avoid disclosing information to a person who is not
authorised by you to receive it; (2) to write to you
(including electronic mail) or to Telephone you (including
text messages) with information about other services or
products either from us or from our carefully selected
partners who may contact you directly with our consent; (3)
to help us to administer accounts, services and products
which we offer; (4) to help detect fraud or loss;
Information we hold about you and your preferences will help
us to make sure that we contact you about things likely to
be of relevance and interest to you. In some circumstances,
we may do certain credit checks with licensed credit
reference agencies when you apply to take a service or
product. If this is applicable then it will be stated in our
terms and conditions of business.
Disclosure of Personal Information
Other companies in the Lycatel group may use personal
information for any of the purposes set out above. This is
limited to companies that are related companies to Lycatel
Services Limited We do not sell mailing lists to third
parties for their marketing purposes. Where we have told you
in advance, we may disclose certain information to third
parties such as a Lycatel Services Limited's network service
provider for purposes solely connected with the provision of
our service via their networks. Where required or permitted
by law, information may be provided to others, such as the
Police or the Inland Revenue.
Protection of Your Personal Information
We use strict security measures in order to protect personal
information. This includes checking your identity when you
Telephone us, encrypting data on our websites [and other
measures] in order to ensure compliance with all applicable
If you communicate with us via the Internet then we may
occasionally use email to contact you about our services and
products. All marketing emails will have an unsubscribe
option included in the bottom of the email message.
Additionally, you can always send us an email (firstname.lastname@example.org)
to change your preferences. We use "cookies" to monitor site
user traffic patterns and site usage. This helps us to
understand how our Clients and potential Clients use our web
sites so that we can develop and improve the design, layout
and functionality of the sites. A cookie is a piece of
information that is stored on your computer's hard drive and
which records your navigation of a web site so that, when
you revisit that web site it can present tailored options to
you based upon the stored information about your last visit.
You can normally alter the settings of your browser to
prevent acceptance of cookies.
If you do not want Lycatel Services Limited to deploy
cookies in your browser, you can set your browser to reject
cookies or to notify you when a web site tries to put a
cookie on your computer. However, rejecting cookies may
affect your ability to use some of the products and/or
services at our Web site.
To turn off cookies in different browsers:
In Internet Explorer E- [and EE] : From your browser menu,
select "Tools", and then "Internet Options". This will bring
up the "Internet Options" Dialogue Box. On the top of the
dialogue box, select "Security", then "Custom Level". This
will bring up the "Security Settings" box.
Scroll down using the scroll bar on the right hand side of
the box, until you come to the section carrying the title
"allow cookies to be stored on your computer". Of the
options available, select "Disable", and then select the
"OK" button on the bottom of the menu box.
In Internet Explorer F-: From your browser menu, select
"Tools", and then "Internet Options". This will bring up the
"Internet Options" Dialogue Box. On the top of the dialogue
box, select "Privacy". This will bring up the "Privacy
On the Privacy tab, move the slider up for a higher level of
privacy or down for a lower level of privacy. Move the
slider to the top to block cookies from all Web sites.
Following these instructions will stop your computer from
accepting cookies in future. You may reconfigure your
computer to accept cookies again by following these
instructions, but by selecting "Enable", and the "OK" button
on the bottom of the menu box (Internet Explorer E- [and
E5]); or by selecting the "Default" button (Internet
In Netscape: First, on your top menu, select "Edit", and
then "Preferences". This will bring up the "Preferences"
menu box. From the options on the left-hand side, select
"Advanced" which will bring up another menu. Half way down,
you will see a section on cookies, and if you wish to turn
cookies off, you should select "Disable", and then the "OK"
button on the bottom of the menu box.
You may reconfigure your computer to accept cookies again by
following these instructions, but by selecting "Accept All
Cookies," and then selecting the "OK" button on the bottom
of the menu box. In Netscape: First, on your top menu,
select "Tasks", and then "Privacy & Security". From here you
have the option to "block cookies from this site", "un block
cookies from this site" or view and remove and prevent
cookies from being re-accepted from selected sites.
Monitoring of calls
We may monitor and record communications we receive. This
may be done to improve the service which we provide, to
ensure compliance with our practices and procedures and
where, for example, a contract is entered into by that shall
mean to provide evidence of the transaction.
If you would like any further information or have any
send us an email. We may amend this policy from time to
time, in which case the amended version will be posted on