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 prepayment.
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 Service.
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 Service.
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 accounts.

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 Residential Telephone
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 Service.
F2 The Service and/ or any Account may be suspended at LYCATALK's sole discretion where it has reasonable cause to do so.

 F3 LYCATALK shall be entitled to amend and/or update these terms and conditions immediately as and when required.

G- Liability
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 Service.
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

H- Termination
This Agreement will remain in force until terminated by either party:
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 business.

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 [7] working days following the day of account opening. You must claim refund to us as required by these Terms and Conditions

Should you 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 returns@lycatalk.com . For the safety and security of account details, telephone cancellations cannot be accepted. You can contact our Customer Care Dept on 02071012228

The Service should be cancelled within seven [7] working days from the date we receive your cancellation. If you are unable to send your cancellation requests to us within seven [7] 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 [7] 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. 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.
J- Miscellaneous
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 reasonable control.
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 Agreement.
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 payphone

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 selected partners.
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 clause K4:
(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 permission.
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.
Privacy Policy Prepaid Residential Accounts July 2004.

This policy applies to personal information held about individuals. It does not apply to information that we hold about companies and other organisations.
Introduction
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
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 legal requirements.

The Internet
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 (cs@lycatalk.com) 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:
Internet Explorer
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 Settings" box.
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 Explorer F-).
Netscape
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.
More Information
If you would like any further information or have any comments on our Privacy Policy then please write to us or send us an email. We may amend this policy from time to time, in which case the amended version will be posted on our website.