TERMS & CONDITIONS

Services provided by 1800 REVERSE IRELAND

1. INTRODUCTION
2. OUR SERVICE
3. CALL CHARGES
4. BILLING
5. VALUE ADDED TAX ("VAT")
6. YOUR OBLIGATIONS
7. CUSTOMER ENQUIRIES
8. LIMITATION OF LIABILITY
9. DISPUTE RESOLUTION
10. DATA AND PRIVACY
11. MISCELLANEOUS
12. DEFINITIONS
13. APPENDIX 1 - CALL CHARGES


1. INTRODUCTION

1800 Reverse ("1800 Reverse", us, we or our) has elected to supply all its Services to users and customers ("You or Your") by way of these standard terms and conditions of agreement (the "Terms and Conditions").

USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1800 Reverse may vary the Terms and Conditions at any time without notice. The applicable version is the version published on our website or available from our Customer Service as at the date of use of our Service. A current version of these Terms and Conditions may be obtained by contacting the 1800 Reverse Customer Service Centre on 1890787778 or via email at customerservice@1800reverse.ie. Copies in large print form or a language other than English are also available upon request.

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2. OUR SERVICE

1800 Reverse provides a number of Services which are accessible by the National Numbers. The Services are described below.

2.1 National Reverse Charge Service

1800 Reverse provides the ability to receive reverse charge Calls and reverse charge messages as follows:

2.1.1 a person (the "Calling Party") calls 1800 Reverse using a designated National Number within Ireland from a Standard Telephone Service, a payphone service or most mobile services (the "Access Service") and requests 1800 Reverse to connect a Call from the Access Service to a specified telephone number (the "Specified Number");

2.1.2 the Specified Number cannot be a telephone number for services including Standard Telephone Services where the local loop is owned by a carrier other than eircom, pagers, Freefone numbers, number translation service numbers (such as 1800 numbers), premium rate numbers (such as 1550 numbers) or payphones;

2.1.3 1800 Reverse may in its absolute discretion accept the request and attempt to connect the Call;

2.1.4 you or the person answering the Call (the "Answering Party"), on a particular Fixed Service (the "Answering Service"), are asked by 1800 Reverse whether the Answering Party wishes to accept the Call;

2.1.5 if the Answering Service is a Fixed Service and the Answering Party agrees to accept the Call, 1800 Reverse may make the connection between the Access Service and the Answering Service:

(a) in circumstances where a connection is not possible, the Calling Party may be given the option, at 1800 Reverse's absolute discretion to record a message with 1800 Reverse for future delivery to the Specified Number or to request a different Specified Number;

b) should the Calling Party elect to record a message,1800 Reverse may, in its absolute discretion, use its reasonable endeavours to deliver the message to the Specified Number. It is 1800 Reverse's usual practice to attempt to deliver a recorded message to a Specified Number a number of times between the hours of 7:00 am – 10:00pm. 1800 Reverse has absolute discretion regarding the number of delivery attempts and the interval between delivery attempts.

2.1.6 if the Answering Service is a Cellular Mobile Service and the Answering Party accepts the Call, 1800 Reverse may make the connection between the Access Service and the Answering Service and;

2.1.6.1 during the call, or up to 60 days (or another period specified by ComReg for this type of call) after the call, 1800 Reverse will send Premium Rate text message's ("Premium Rate SMS") to the Specified Number which will charge the Connection Charges and Call Charges to the Answering Service.

2.1.6.2 during the call if the Answering Service has insufficient credit remaining on its Cellular Mobile Service account, the Call may terminate without warning.

2.2 International Outbound Reverse Charge Service

1800 Reverse offers access to international outbound reverse charge calls from most Standard Telephone Services in Ireland to certain fixed line telephones in certain foreign countries. To access this Service, a calling party dials the National Number and requests the operator to make a reverse charge call to a requested international number. Such requests are generally handled by an International Operator and the calls are terminated on and charged by the Call Recipient's Service Provider in the applicable country. Alternatively, you may utilise our sister service, 8000 Reverse.


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3. CALL CHARGES

3.1 For National Reverse Charge Service

3.1.1 The Call Charges applicable for use of our National Reverse Charge Calling Service are set out in Appendix 1. 1800 Reverse may vary the Call Charges from time to time in its absolute discretion. The Call Charges notified to you on the website or accessible via our Customer Service as at the date of the Call is the applicable charge. 1800 Reverse will not back date any changes in price.

3.1.2 1800 Reverse does not charge the Calling Party. Carrier charges and/or surcharges from hotels, mobile phones and payphones may however apply to the Calling Party.

3.1.3 You must pay the Call Charges for the provision of the Service. Call Charges will apply from the time when the Answering Party accepts the Call and will continue until such time as the Call is terminated. Alternatively, in the event you receive a reverse charge message, Call Charges will apply from the time that the Answering Party accepts the message.

3.1.4 1800 Reverse's records are sufficient evidence of the amount payable by you unless they are shown to be incorrect.

3.2 For International Outbound Reverse Charge Service

1800 Reverse does not charge the Call Recipient or Calling Party for the International Outbound Service. Carrier charges and/or surcharges from hotels, mobile phones and payphones may however apply. Call charges incurred by the Call Recipient will be calculated and billed to the Call Recipient by the applicable local telecommunications carrier and are payable by the Call Recipient in accordance with that carrier's standard billing procedures.

All enquiries relating to the International Outbound Service, including those relating to pricing and billing, or customer complaints should be directed to the Call Recipient's local carrier.

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4. BILLING

4.1 For National Reverse Charge Service

4.1.1 eircom or your provider of Electronic Communications Services may provide billing services to 1800 Reverse for Calls connected using the Service and for messages accepted using the Service.

4.1.2 eircom or your provider of Electronic Communications Services may print on your bill the phone number of the Calling Party. The Calling Party acknowledges and agrees to the number of the Standard Telephone Service or payphone the Calling Party is calling from being printed on the bill and agrees to use the Service on this basis.

4.1.3 The Call Charges will be billed to you and payable by you within the times required by eircom or your provider of Electronic Communications in accordance with their standard billing procedures.

4.1.4 eircom or your provider of Electronic Communications Services is not responsible for any enquiries in relation to our Service.

4.1.5 All enquiries, including those relating to pricing and billing, or customer complaints should be directed to the1800 Reverse Customer Service Centre on 1890 787778. The opening hours for the 1800 Reverse Customer Service Centre are Monday to Friday [9:00am – 5:00 pm] excluding public holidays.

4.2 For International Outbound Reverse Charge Service

Billing for International Outbound Calls is the responsibility of the Call Recipient's telecommunications carrier.

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5. VALUE ADDED TAX ("VAT")

5.1 If Value Added Tax ("VAT") is imposed on any supply made by 1800 Reverse pursuant to these Terms and Conditions, you must pay, in addition to any consideration payable, or to be provided by you under these Terms and Conditions for the supply, an additional amount calculated by multiplying the prevailing VAT rate by the consideration for the relevant supply payable, or to be provided, by you under any other clause in these Terms and Conditions.

5.2 In these Terms and Conditions, two amounts will be displayed for all Call Charges where VAT is applicable:

(a) the first is the Call Charge without VAT. This Call Charge will be used to calculate the individual items listed on your bill; and

(b) the second is the indicative Call Charge including the VAT. This Call Charge is not used in the calculation of total charges but is displayed here to give an indication of the charge you may actually pay for individual items when VAT is calculated and added.

5.3 The Call Charges and any other charges payable by you to 1800 Reverse in relation to the Service are generally listed on the bill without VAT. These amounts are generally totalled (or subtotalled) on the bill and the VAT is then calculated and added separately. Due to rounding, differences may arise between the VAT inclusive amount in the Terms and Conditions and the total charges calculated on the bill using the VAT exclusive price plus the prevailing VAT rate.

5.4 Any discounts applicable will be calculated on the charge without the VAT.

5.5 In some cases, advertised prices may be rounded up.

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6. YOUR OBLIGATIONS

6.1 You acknowledge and agree that use of the Service constitutes acceptance of these Terms and Conditions.

6.2 You agree to acquire from 1800 Reverse the Services on the terms and conditions set out in these Standard Terms and Conditions. 1800 Reverse agrees to provide the Service to you at its absolute discretion and subject to these Terms and Conditions.

6.3 You must use, and ensure that third parties use, the Services in accordance with these Standard Terms and Conditions.

6.4 You are responsible for all applicable charges for use of any Service whether such Calls were accepted by you or another person with or without your knowledge or consent.

6.5 You are responsible for the Calling Party's use of the Service. You will indemnify, and will keep indemnified, 1800 Reverse in relation to the Calling Party's use of the Service and for any other claim made by or on behalf of the Calling Party against 1800 Reverse in relation to the Service including without limitation, to any other claim made by or on behalf of a Calling Party that the Calling Party's Call, or any message recorded by the Calling Party, was not accepted by the Answering Service or was not delivered to the Specified Number by 1800 Reverse or was not connected by 1800 Reverse.

6.6 You and Your Calling Party must only use Services provided by Us for their intended purpose. Where We reasonably suspect misuse of the Service by You, any other user associated with You or Your Calling Party, You accept that We may terminate, suspend or restrict supply of the Service. Behaviour that constitutes Misuse of the Service includes, but is not limited to:-

i) Your Calling Party using the Service for the purpose of giving a recorded message (instead of a name) to You before You accept any charges; or
ii) Your Calling Party's consistent use of the Service to prompt or signal You to call them back; or
iii) You or Your Calling Party receiving or making an unreasonable number of calls using the Service which do not result in a completed reverse charge call.

You agree that We may monitor Your use and Your Calling Party's use of the Service to enforce the misuse policy above, including monitoring of any recordings made using the Service. You also agree that We reserve the right to vary the terms of this misuse policy from time to time. If the Service, or associated Services, are suspended or cancelled, you will remain liable for changes and liabilities incurred before the suspension or cancellation.

6.7 You must not, and ensure that third parties (including the Calling Party) do not, use the Service to transmit any defamatory, offensive, abusive, indecent, threatening, menacing, illegal or hoax material or other material that would otherwise constitute a breach of any duty or obligation owed to 1800 Reverse or any third party. You must also not, and ensure that third parties (including the Calling Party) do not, use the Service to interfere with calls made by any person or tamper with the Service in any way. You indemnify and shall keep indemnified 1800 Reverse against all claims, costs, loss, expenses or injuries arising in relation to a breach of this clause.

6.8 When using any Service, you must comply with, and ensure others comply with, all laws, regulations, codes or determinations or any other requirements of any government or statutory authority.

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7. CUSTOMER ENQUIRIES


7.1 All enquiries, including those relating to pricing and billing, or customer complaints should be directed to the 1800 Reverse Customer Service Centre on 1890 787778. The opening hours for the 1800 Reverse Customer Service Centre are Monday to Friday 9.00am–5.00pm excluding public holidays.

7.2 eircom or Your provider of Electronic Communications Services is not responsible for any enquiries in relation to the Service.

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8. LIMITATION OF LIABILITY

8.1 1800 Reverse does not guarantee that the Service will be uninterrupted or error-free.

8.2 To the extent permitted by law 1800 Reverse excludes all liability to You or any other person claiming through You for any cost, loss, liability or damage arising (whether in contract, tort, under statute or otherwise) out of 1800 Reverse's performance or failure to perform or delay in performing its obligations under these Terms and Conditions including but not limited to liability:

(a) for losses which are not a foreseeable consequence of 1800 Reverse's breach or indirect or economic losses, or losses related to any business of Yours, such as lost data, lost profits or business interruption; or

(b) arising from the acts or omissions of any carrier or provider of Electronic Communications Services other than1800 Reverse, or from failure of, or default in any other service, other networks, facilities or equipment of any carrier or provider of Electronic Communications Services comprised in the Service.

8.3 To the extent that 1800 Reverse does have some liability to You at law which cannot be excluded, the total liability of 1800 Reverse to You or any person claiming through You for any cost, loss, liability or damage arising out of the failure of the Service due to 1800 Reverse's performance of, or failure to perform its obligations under these Terms and Conditions and including as a result of any actor omission of 1800 Reverse, whether in contract, tort, statute or otherwise, is limited, to the extent permitted by law, at 1800 Reverse's option to:

(a) in the case of goods, repairing or replacing the goods, or supplying equivalent goods, or paying the cost of doing any of these; or

(b) in the case of services, supplying the services again or paying the cost of doing so.

8.4 If You breach these Terms and Conditions, You are liable to 1800 Reverse for its costs (including all legal costs) in exercising its rights in relation to the breach.

8.5 Without prejudice to the generality of this clause, any or all liability arising out of the Sale of Goods and Supply of Services Act 1980 is excluded to the fullest extent permitted by law.

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9. DISPUTE RESOLUTION


9.1 1800 Reverse will attempt to resolve all simple queries that are handled by telephone whilst the customer is on the line. 1800 Reverse will attempt to resolve other simple queries received via the 1800 Reverse website or via email by close of business on the next business day. 1800 Reverse aims to resolve 90% of complex enquiries within 48 hours of the query being lodged and the remaining 10% within 4 business days.

9.2 1800 Reverse may in its absolute discretion, agree to rebate in part or full Call Charges in certain circumstances. When this is so agreed, 1800 Reverse will arrange for the appropriate credit to appear on Your telephone bill or otherwise by refund where the Call is made to a Cellular Mobile Service.

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10. DATA AND PRIVACY

10.1 1800 Reverse may use and process information it has about You and Your use of the Service for marketing and research purposes. This information may include Your Call records. 1800 Reverse will only do this for market research or operational purposes in order to enhance the efficacy of the Service provided to You. However,1800 Reverse will not do this if You ask it not to and 1800Reverse will not provide this information to any other party. 1800 Reverse requires Your consent to carry out this research and will treat Your consent as having been provided unless You notify 1800 Reverse otherwise in writing. 1800 Reverse may transfer information it has about You and Your use of the Service to related entities, including offshore entities, for operational purposes.

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11. MISCELLANEOUS


11.1 Subject to any right or remedy of a third party which exists or is otherwise available at law, a person who is not a party to these Terms and Conditions has no right under to enforce any term of these Terms and Conditions.

11.2 1800 Reverse may monitor and record calls made to it relating to customer services or pricing for the purpose of improving the service 1800Reverse provides to its customers.

11.3 1800 Reverse may vary or cancel the Terms and Conditions in accordance with relevant laws and regulatory requirements.

11.4 If any of these Terms and Conditions (or part of them) are void or unenforceable, it is taken to be removed and no longer forms part of the Terms and Conditions. The remaining Terms and Conditions remain in full force and effect.

11.5 Cancellation of the Service does not affect the provisions in the Terms and Conditions regarding limitation of liability and indemnity.

11.6 These Terms and Conditions, including the Appendix attached hereto, contains Your and 1800 Reverse's entire understanding and agreement relating to the Service.

11.7 These Terms and Conditions are governed by and construed in accordance with the laws of Ireland.

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12. DEFINITIONS

Defined terms used throughout this SFOA have the following meanings.

Access Service
has the meaning as set out in clause 2.1.

Answering Party
has the meaning as set out in clause 2.1.

Answering Service
has the meaning as set out in clause 2.1.

Apparatus
includes any equipment, machinery or device and any wire or cable and the casing or coating for any wire or cable.

Call
means a telephone call made using the Service and includes messages made and accepted using the Service.

Call Charge/s
is the applicable charge for a Call as specified in Appendix 1..

Calling Party
has the meaning as set out clause 2.1.

Cellular Mobile Service
means a cellular public mobile telecommunications service ("PMTS") provided in Ireland by any cellular PMTS provider. To avoid doubt, a mobile service connected in Ireland and located either in or outside of Ireland at the time a call is made; and

Content Service
means so much of any service as consists in one or both of the following:

(a) the provision of material with a view to its being comprised in Signals conveyed by means of an Electronic Communications Network;
(b) the exercise of editorial control over the contents of Signals conveyed by means of such a Network.

County/ies
means those countries (excluding Ireland) from which 1800Reverse can supply the Service. 1800Reverse may at any time vary those countries from which the Service can be accessed and those corresponding telephone numbers.

Customer
means the person using or has used the Services.

Electronic Communications Network
means:

(a) a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description;
(b) such of the following as are used, by the person providing the system and in association with it, for the purpose of conveyance of the Signals:
(i) Apparatus comprised in the System;
(ii) Apparatus used for the switching or routing of the Signals; and
(iii) Software and stored data.

Electronic Communications Service
means any service consisting in, or having as its principal feature, the conveyance by means of an Electronic Communications Network of Signals, except in so far as it is a Content Service.

eircom
means eircom Limited (Company Number 98789) whose registered address is 114 St Stephens Green West, Dublin 2.

National Number
means the telephone number "1800 738 3773", which has the alpha-numeric translation "1800REVERSE".

Service or Reverse Charge Service
has the meaning as described in clause 2.

Signals
includes:

(a) anything comprising speech, music, sounds, visual images or communications or data of any description; and
(b) signals serving for the impartation of anything between persons, between a person and a thing, or between things, for the actuation or control of any Apparatus.

Specified Number
has the meaning as set out in 2.1.

Standard Telephone Service
means the provision to end-users at fixed locations of a service for the originating and receiving of national and international calls and may include Cellular Mobile Services and includes standard telephone services in Ireland.

You and Your
has the meaning as set out in clause 1.

The headings set out in these Terms and Conditions are for convenience only and do not affect its interpretation

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13. APPENDIX 1 - CALL CHARGES

1. Call Charges for National Reverse Charge Calls

Charges for Calls made through the 1800 Reverse National Reverse Charge Calling Service are made up of the following three components:

(a) a Call Connection Charge, which is a fixed amount for each Call and includes up to 30 seconds of conversation time; and
(b) two levels of Call Charges based on the type of line from which the Call was made and the duration of the Call i.e. < 60 seconds or > 60 seconds

There is a maximum Call duration cap of 45 minutes.

A message charge applies for accepting a message delivered by 1800 REVERSE which is a fixed amount for each message.

1.1 For Calls from Ordinary Domestic Residential and Business Lines

(a) Call Connection Charge

The Call Connection Charge is €2.471 excluding VAT (€3.039 including VAT) and includes up to 30 seconds of conversation time.

(b) Call Charge

Charges for the second 30 seconds or part thereof and thereafter for each 60 seconds or part thereof after the first 60 seconds are as follows:

Table 1 - Charges in cent for the second 30 seconds or part thereof after the first 30 seconds.

Excl. VAT
Incl. VAT
24.8
30.504

 

Table 2 - Charges in cent for the second 60 seconds or part thereof after the first 60 seconds.

Excl. VAT
Incl. VAT
49.6
61.008

1.2 For Calls from Payphones

(a) Call Connection Charge

The Call Connection Charge is €2.471 excluding VAT (€3.039 including VAT) and includes up to 30 seconds of conversation time.
(b) Call Charge

Charges for the second 30 seconds or part thereof and thereafter for each 60 seconds or part thereof after the first 60 seconds are as follows:


Table 3 - Charges in cents for the second 30 seconds or part thereof after the first 30 seconds.

Excl. VAT
Incl. VAT
33.1
40.713

Table 4 - Charges in cents for the second 60 seconds or part thereof after the first 60 seconds.

Excl. VAT
Incl. VAT
66.1
81.303

1.3 For Calls from Mobile Phones*

(a) Call Connection Charge

The Call Connection Charge is €2.471 excluding VAT (€3.039 including VAT) and includes up to 30 seconds of conversation time.

(b) Call Charge

Charges for the second 30 seconds or part thereof and thereafter the charges for each 60 seconds or part thereof are as follows:

Table 5 - Charges in cent for the second 30 seconds or part thereof after the first 30 seconds.

Excl. VAT
Incl. VAT
41.3
50.799

Table 6 - Charges in cent for the second 60 seconds or part thereof after the first 60 seconds.

Excl. VAT
Incl. VAT
82.6
101.598

*Some mobile networks may charge the Caller for a call to 1800 REVERSE.

1.4 Message Charges

The Message Charge is €2.471 excluding VAT (€3.039 including VAT) per message accepted.

2. Call Charges for National Reverse Charge Calls to Cellular Mobile Services

Call Charges for calls to Cellular Mobile Services are calculated as follows:

Call Charges = Connection Charge + Timed Charge
Timed Charge = Call Rate x Number of Call Blocks

Connection Charge (€):

Excl. VAT
Incl. VAT
2.032
2.50

Timed Charge (€):

Excl. VAT
Incl. VAT
1.016
1.25

There is maximum call duration of 4 minutes. All calls accepted on mobiles are charged to the receiving customer’s mobile by premium SMS sent from short code 57977.
If there is insufficient credit on the mobile at the time the call is accepted, the premium SMS charges may be sent when the mobile is next topped-up.

The maximum cost of a call is €6.097 excluding VAT (€7.50 including VAT) which will be charged by way of three Premium Rate SMS.

3. Call Charges for International Outbound Reverse Charge Calls

Charges for International Outbound Reverse Charge Calls are dependent upon the location of the Access Service and are charged at the rates published by your service provider. Charges for International Outbound Reverse Charge Calls may vary for different service providers. To clarify the applicable charges, please contact the Answering Party's service provider.

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