Catalyst Management Limited - Standard Terms and Conditions for prepaid telephone services

1. Application
These Conditions shall govern and be incorporated into the contract for the supply of the Services by Catalyst Management Limited ("Catalyst" or "we") to you (the "Contract").

2. The Services
2.1 Catalyst will provide the Services and (if specified in the Order Form) make available the Equipment subject to these Conditions. We will provide the Services to you from the Start Date and will continue to do so unless the Contract is brought to an end as set out in Condition 7 below.
2.2 The Services are only available to consumers in the United Kingdom for personal use. If you use the Services in breach of this Condition 2.2 for business purposes, Catalyst shall have no liability to you for any losses incurred in connection with the Services (except death or personal injury caused by Catalyst's negligence).
2.3 By completing and submitting the Order Form to Catalyst, you are instructing Catalyst to start the provision of the Services as soon as Catalyst is reasonably able to do so. Accordingly, the Contract will come into force on the Start Date and you will not have the right to cancel your order.
2.4 You must use the Services according to any reasonable instructions that Catalyst gives you from time to time. Any other use is prohibited. You will be responsible for any claims, losses, damages or costs incurred by Catalyst arising out of or in any way connected with your breach of these Conditions.
2.5 The Services (and, if applicable, the Equipment) are made available to you on condition that you do not re-supply or resell or make the Services and/or the Equipment available to any person on a commercial basis, and that you do not use, nor allow others to use, the Services and/or the Equipment for any improper or unlawful purpose or in any manner which is offensive, threatening or unlawful.
2.6 You must promptly provide Catalyst with all information that we request in order to enable us to provide the Services to you. You must also inform us immediately of any change to any information that you have provided to Catalyst.
2.7 You are responsible for all use of your account and/or access to the Services using your PIN, whether or not such use was actually made or authorised by you.
2.8 In order to provide the Services to you, Catalyst may select and at any time change any carrier or other service provider used for the provision of the Services.

3. Equipment (The provisions of this Condition 3 apply only if the Order Form states that Catalyst will make equipment available)
3.1 Catalyst shall make available to you the Equipment specified in the Order Form. Once the Contract has been formed, Catalyst will send you confirmation of the Contract. You are then responsible for taking that confirmation together with proof of identity to the location notified to you by Catalyst to collect the Equipment. You are responsible for installing the Equipment in accordance with the instructions supplied with the Equipment.
3.2 Catalyst shall replace at Catalyst's expense Equipment which becomes faulty (excluding Equipment that is stolen or damaged due to improper use or care) during the period of twelve months from the Start Date. Catalyst shall be under no obligation to replace Equipment which becomes faulty after the expiry of such twelve-month period or is stolen or damaged.
3.3 If the Contract is formed on the basis that you will purchase Equipment from Catalyst, the Equipment becomes your property once Catalyst has received payment in full of the price of the Equipment.
3.4 If the Contract is formed on the basis of that you will rent Equipment from Catalyst, the Equipment remains the property of Catalyst unless and until you make the payment notified to you by Catalyst on termination of the Contract in order to become the owner of the Equipment. If you destroy, damage or lose the Equipment or, on termination of the Contract, you do not return the Equipment to Catalyst in accordance with Catalyst's instructions, Catalyst shall charge you the amount of such payment. Catalyst shall have the right to obtain payment of such charge either from a third party to whom you have paid a deposit in respect of your accommodation (if applicable) or by debiting your debit or credit card.

4. Charges
4.1 Catalyst will charge you for the Services in accordance with the relevant terms, tariffs, rules and charges applying at the time the Services are used.
4.2 The Services are provided on a prepaid basis. You can either purchase pre-paid disposable telephone cards (where available) or you can charge your account using your debit or credit card.
4.3 Charges for calls that you make using the Services will be deducted from the credit balance of your card or your account at the end of the call.
4.4 There is a minimum charge per call, which is shown on the tariff displayed on the Website. Call charges are charged in one second increments with partial seconds of usage rounded up to the next full second. Call charges are rounded up to the nearest penny.
4.5 If your debit or credit charge is revoked by your credit/debit card provider without the prior written consent of Catalyst, we reserve the right to reapply these Charges and to levy an administration charge of up to £20 per revoked transaction at our sole discretion.
4.6 Catalyst will, without notice, immediately terminate any outgoing call as soon as the credit funds on your card or account are exhausted by the cost of Services provided to and used by you. You will not be able to make any outgoing calls until you have topped up your account as described in Condition 4.2.
4.7 If the Equipment is rented from Catalyst and you fail to make a rental payment, Catalyst shall have the right to suspend or terminate the provision of the Services.
4.8 If a call is made to a mobile phone through our fixed line service, the charge will be based on the number called, irrespective of the network the mobile is actually on. Thus, if the mobile number is part of an allocation to Vodafone, the called number will be charged as a call to Vodafone even if the number has been ported to an alternative network, for example Orange.

5. Helpline
Catalyst operates a helpline to deal with queries and complaints relating to the Services. You can contact the helpdesk by telephone on 0808 144 3701.

6. Warranties and Liabilities
6.1 Catalyst warrants that the Services shall be provided with reasonable care and skill.
6.2 Catalyst cannot guarantee that the Services will be fault free, continuously available or available at any given time. Catalyst shall not be liable to you if you are unable to use the Services for any given period of time. The availability of the Services is dependent on networks provided by third parties therefore Catalyst cannot guarantee that any faults will be repaired within any given period of time.
6.3 The warranty given in Condition 6.1 is in lieu of all other warranties representations and conditions, express or implied, which are expressly excluded so far as is permitted by law.
6.4 In no event shall Catalyst be liable for any form of special, indirect or consequential damages, loss of data, loss of goodwill, loss of profits, loss of turnover, costs or expenses.
6.5 Subject to Condition 6.6, in no event shall Catalyst's cumulative liability to you from all causes of action of any kind whether in contract or in tort in connection with the Services and/or the Equipment exceed 125% of the Charges (excluding VAT) paid by you for the Services and/or the Equipment in any preceding 12 month period.
6.6 Nothing in these Conditions shall be construed as limiting or excluding Catalyst's liability for death or personal injury caused by its or its employees' negligence.
6.7 You acknowledge and agree that the allocation of risk contained in this Condition 6 is reflected in the Charges and is also a recognition of the fact that it is not within Catalyst's control how and for what purpose you use the Services.
6.9 Each provision of this Condition 6 excluding or limiting liability shall be construed separately and shall survive the expiry or termination of the Contract.

7. Term and Termination
7.1 Catalyst can end the Contract by giving you one month's written notice if you do not meet your obligations under the Contract. If you commit a serious breach of the Contract, Catalyst can end the Contract immediately.
7.2 You can end the Contract at any time by giving Catalyst one month's written notice of serious defects in the Services which are under the control of Catalyst to rectify and for which satisfactory arrangements to rectify have not been made.
7.3 Termination of the Contract shall not prejudice any rights or remedies of either party against the other which have arisen on or before the date of termination.
7.4 Catalyst may suspend and/or disconnect the Services or your access to the Services at their discretion without prior notice:
7.4.1 if any third party service provider is unable or unwilling, or Catalyst is unable, for any reason including any act or omission of any service provider, to supply or provide the Services; or
7.4.2 if you do not use the Services for 12 consecutive months.
7.5 If Catalyst terminates the Services pursuant to Clause 7.4.1, Catalyst will refund any remaining credit funds on your account.
7.6 If you are renting the Equipment from Catalyst, then the Contract shall last for the contract period specified in the Order Form. If you try to terminate the Contract earlier (unless this is under Condition 7.2), Catalyst shall have the right to continue to collect the rental payments payable for the remainder of the contract period.

8. Assignment and Third Party Rights
8.1 You must not assign, sub-license, sub-contract, delegate or transfer in whole or in part any of your rights or obligations under the Contract without the prior written consent of Catalyst.
8.2 For business reasons Catalyst has the right to assign or sub-contract the Contract to any person.
8.3 Notwithstanding anything to the contrary contained in these Conditions, nothing in the Contract shall confer any rights or benefits on any third parties who are not parties to the Contract.

9. Events beyond Catalyst's control
Neither you nor Catalyst is liable for any breach of the Contract caused by something beyond their reasonable control including Acts of God, fire, lightning, severe weather, flood, national or local emergency, explosion, war, military operations, civil disorder, terrorism, vandalism, industrial disputes, failure or unavailability of third party network(s) or acts of local or central government or other competent authorities. If the Services remain unavailable for 3 consecutive months, Catalyst will refund the remaining credit funds on your account.

10. Changes
Catalyst may need to vary the Charges and/or these Conditions from time to time. We will try to publish details of all changes on the Website before they take effect. This may not always be possible, for example if the changes are necessary to reflect changes in the law or a third party network provider's terms and conditions.

11. Compliance with Laws and Data Protection
11.1 Each party will at all times during the term of the Contract comply with the provisions of all laws applicable to the performance of that party's obligations under the Contract, including without limitation the Data Protection Act 1998.
11.2 Catalyst will need to disclose your name, telephone number and credit card details (if applicable) to its nominated third party service provider only to the extent necessary to enable them to provide the Services to you and as required by law.
11.3 If at the time that you subscribed for the Services you gave Catalyst permission to do so, Catalyst may contact you in order to give you details of Catalyst's products and services. If you wish Catalyst to stop contacting you in this way, please let us know by sending an email to info@dognbonezone.co.uk

12. General
12.1 If any part of these Conditions or the Contract is held to be invalid, illegal or unenforceable in any respect whether in whole or in part then such part shall be severed from the remainder of the Conditions which will continue to be valid and enforceable to the fullest extent permitted by law and such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the rest of these Conditions or the remainder of any part of the Condition affected.
12.2 Failure by Catalyst to exercise or delay in exercising any right or remedy under the Contract shall not constitute a waiver of the right or any other rights or remedies and no single or partial exercise of any right or remedy shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
12.3 Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of the United Kingdom and the parties submit to the non-exclusive jurisdiction of the courts of the United Kingdom.
12.4 Any notice required or permitted to be given by either party to the other under these Conditions or the Contract shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this Condition to the party giving the notice.
12.5 You acknowledge that in entering into the Contract you have not relied on any warranty, representation, undertaking or agreement other than those contained or referred to in these Conditions. You waive any right or remedy you may have to claim damages or rescission for any misrepresentation in respect of any representation not contained in these Conditions or for breach of any warranty not contained in these Conditions and acknowledge that your only remedies against Catalyst are for breach of contract provided always that nothing in this Condition 12 shall exclude or limit Catalyst’s liability to you in respect of any fraudulent misrepresentation or warranty fraudulently given and upon which you can prove that you have placed reliance. Subject to the foregoing, these Conditions and the documents referred to in these Conditions constitute the entire agreement and understanding between the parties with respect to all the matters which are referred to in these Conditions.

13. Interpretation
13.1 In these Conditions the following terms and expressions shall have the following meanings:
"Charges" Catalyst's charges for the Services from time to time in force as published on the Website;
"Conditions" these terms and conditions or any of them;
"Contract" the contract between Catalyst and you for the provision of the Services comprising these Conditions and all other documents referred to in these Conditions;
"Equipment" the terminal equipment (if any) that Catalyst agrees to supply to you in connection with the Services;
"Order Form" the order form completed by you (either in paper or electronic format) and submitted to Catalyst;
"PIN" the code that either Catalyst will provide to you or you select to enable you to make calls using the Services;
"Services" all services provided by Catalyst to you pursuant to the Contract as described on the Website and more particularly in the Order Form;
"Start Date" the date on which Catalyst notifies you that it has started to provide the Services;
"Website" Catalyst's website located at www.dognbonezone.co.uk
13.2 Reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted.
13.3 Words denoting the singular number only include the plural and vice versa.
13.4 The headings in these Conditions are inserted for convenience only and do not affect their meaning.
13.5 Any reference to any of the parties hereunder includes their successors in title and permitted assigns.nditions for prepaid telephone services

1. Application
These Conditions shall govern and be incorporated into the contract for the supply of the Services by Catalyst Management Limited ("Catalyst" or "we") to you (the "Contract").

2. The Services
2.1 Catalyst will provide the Services and (if specified in the Order Form) make available the Equipment subject to these Conditions. We will provide the Services to you from the Start Date and will continue to do so unless the Contract is brought to an end as set out in Condition 7 below.
2.2 The Services are only available to consumers in the United Kingdom for personal use. If you use the Services in breach of this Condition 2.2 for business purposes, Catalyst shall have no liability to you for any losses incurred in connection with the Services (except death or personal injury caused by Catalyst's negligence).
2.3 By completing and submitting the Order Form to Catalyst, you are instructing Catalyst to start the provision of the Services as soon as Catalyst is reasonably able to do so. Accordingly, the Contract will come into force on the Start Date and you will not have the right to cancel your order.
2.4 You must use the Services according to any reasonable instructions that Catalyst gives you from time to time. Any other use is prohibited. You will be responsible for any claims, losses, damages or costs incurred by Catalyst arising out of or in any way connected with your breach of these Conditions.
2.5 The Services (and, if applicable, the Equipment) are made available to you on condition that you do not re-supply or resell or make the Services and/or the Equipment available to any person on a commercial basis, and that you do not use, nor allow others to use, the Services and/or the Equipment for any improper or unlawful purpose or in any manner which is offensive, threatening or unlawful.
2.6 You must promptly provide Catalyst with all information that we request in order to enable us to provide the Services to you. You must also inform us immediately of any change to any information that you have provided to Catalyst.
2.7 You are responsible for all use of your account and/or access to the Services using your PIN, whether or not such use was actually made or authorised by you.
2.8 In order to provide the Services to you, Catalyst may select and at any time change any carrier or other service provider used for the provision of the Services.

3. Equipment (The provisions of this Condition 3 apply only if the Order Form states that Catalyst will make equipment available)
3.1 Catalyst shall make available to you the Equipment specified in the Order Form. Once the Contract has been formed, Catalyst will send you confirmation of the Contract. You are then responsible for taking that confirmation together with proof of identity to the location notified to you by Catalyst to collect the Equipment. You are responsible for installing the Equipment in accordance with the instructions supplied with the Equipment.
3.2 Catalyst shall replace at Catalyst's expense Equipment which becomes faulty (excluding Equipment that is stolen or damaged due to improper use or care) during the period of twelve months from the Start Date. Catalyst shall be under no obligation to replace Equipment which becomes faulty after the expiry of such twelve-month period or is stolen or damaged.
3.3 If the Contract is formed on the basis that you will purchase Equipment from Catalyst, the Equipment becomes your property once Catalyst has received payment in full of the price of the Equipment.
3.4 If the Contract is formed on the basis of that you will rent Equipment from Catalyst, the Equipment remains the property of Catalyst unless and until you make the payment notified to you by Catalyst on termination of the Contract in order to become the owner of the Equipment. If you destroy, damage or lose the Equipment or, on termination of the Contract, you do not return the Equipment to Catalyst in accordance with Catalyst's instructions, Catalyst shall charge you the amount of such payment. Catalyst shall have the right to obtain payment of such charge either from a third party to whom you have paid a deposit in respect of your accommodation (if applicable) or by debiting your debit or credit card.

4. Charges
4.1 Catalyst will charge you for the Services in accordance with the relevant terms, tariffs, rules and charges applying at the time the Services are used.
4.2 The Services are provided on a prepaid basis. You can either purchase pre-paid disposable telephone cards (where available) or you can charge your account using your debit or credit card.
4.3 Charges for calls that you make using the Services will be deducted from the credit balance of your card or your account at the end of the call.
4.4 There is a minimum charge per call, which is shown on the tariff displayed on the Website. Call charges are charged in one second increments with partial seconds of usage rounded up to the next full second. Call charges are rounded up to the nearest penny.
4.5 If your debit or credit charge is revoked by your credit/debit card provider without the prior written consent of Catalyst, we reserve the right to reapply these Charges and to levy an administration charge of up to £20 per revoked transaction at our sole discretion.
4.6 Catalyst will, without notice, immediately terminate any outgoing call as soon as the credit funds on your card or account are exhausted by the cost of Services provided to and used by you. You will not be able to make any outgoing calls until you have topped up your account as described in Condition 4.2.
4.7 If the Equipment is rented from Catalyst and you fail to make a rental payment, Catalyst shall have the right to suspend or terminate the provision of the Services.
4.8 If a call is made to a mobile phone through our fixed line service, the charge will be based on the number called, irrespective of the network the mobile is actually on. Thus, if the mobile number is part of an allocation to Vodafone, the called number will be charged as a call to Vodafone even if the number has been ported to an alternative network, for example Orange.

5. Helpline
Catalyst operates a helpline to deal with queries and complaints relating to the Services. You can contact the helpdesk by telephone on 0808 144 3701.

6. Warranties and Liabilities
6.1 Catalyst warrants that the Services shall be provided with reasonable care and skill.
6.2 Catalyst cannot guarantee that the Services will be fault free, continuously available or available at any given time. Catalyst shall not be liable to you if you are unable to use the Services for any given period of time. The availability of the Services is dependent on networks provided by third parties therefore Catalyst cannot guarantee that any faults will be repaired within any given period of time.
6.3 The warranty given in Condition 6.1 is in lieu of all other warranties representations and conditions, express or implied, which are expressly excluded so far as is permitted by law.
6.4 In no event shall Catalyst be liable for any form of special, indirect or consequential damages, loss of data, loss of goodwill, loss of profits, loss of turnover, costs or expenses.
6.5 Subject to Condition 6.6, in no event shall Catalyst's cumulative liability to you from all causes of action of any kind whether in contract or in tort in connection with the Services and/or the Equipment exceed 125% of the Charges (excluding VAT) paid by you for the Services and/or the Equipment in any preceding 12 month period.
6.6 Nothing in these Conditions shall be construed as limiting or excluding Catalyst's liability for death or personal injury caused by its or its employees' negligence.
6.7 You acknowledge and agree that the allocation of risk contained in this Condition 6 is reflected in the Charges and is also a recognition of the fact that it is not within Catalyst's control how and for what purpose you use the Services.
6.9 Each provision of this Condition 6 excluding or limiting liability shall be construed separately and shall survive the expiry or termination of the Contract.

7. Term and Termination
7.1 Catalyst can end the Contract by giving you one month's written notice if you do not meet your obligations under the Contract. If you commit a serious breach of the Contract, Catalyst can end the Contract immediately.
7.2 You can end the Contract at any time by giving Catalyst one month's written notice of serious defects in the Services which are under the control of Catalyst to rectify and for which satisfactory arrangements to rectify have not been made.
7.3 Termination of the Contract shall not prejudice any rights or remedies of either party against the other which have arisen on or before the date of termination.
7.4 Catalyst may suspend and/or disconnect the Services or your access to the Services at their discretion without prior notice:
7.4.1 if any third party service provider is unable or unwilling, or Catalyst is unable, for any reason including any act or omission of any service provider, to supply or provide the Services; or
7.4.2 if you do not use the Services for 12 consecutive months.
7.5 If Catalyst terminates the Services pursuant to Clause 7.4.1, Catalyst will refund any remaining credit funds on your account.
7.6 If you are renting the Equipment from Catalyst, then the Contract shall last for the contract period specified in the Order Form. If you try to terminate the Contract earlier (unless this is under Condition 7.2), Catalyst shall have the right to continue to collect the rental payments payable for the remainder of the contract period.

8. Assignment and Third Party Rights
8.1 You must not assign, sub-license, sub-contract, delegate or transfer in whole or in part any of your rights or obligations under the Contract without the prior written consent of Catalyst.
8.2 For business reasons Catalyst has the right to assign or sub-contract the Contract to any person.
8.3 Notwithstanding anything to the contrary contained in these Conditions, nothing in the Contract shall confer any rights or benefits on any third parties who are not parties to the Contract.

9. Events beyond Catalyst's control
Neither you nor Catalyst is liable for any breach of the Contract caused by something beyond their reasonable control including Acts of God, fire, lightning, severe weather, flood, national or local emergency, explosion, war, military operations, civil disorder, terrorism, vandalism, industrial disputes, failure or unavailability of third party network(s) or acts of local or central government or other competent authorities. If the Services remain unavailable for 3 consecutive months, Catalyst will refund the remaining credit funds on your account.

10. Changes
Catalyst may need to vary the Charges and/or these Conditions from time to time. We will try to publish details of all changes on the Website before they take effect. This may not always be possible, for example if the changes are necessary to reflect changes in the law or a third party network provider's terms and conditions.

11. Compliance with Laws and Data Protection
11.1 Each party will at all times during the term of the Contract comply with the provisions of all laws applicable to the performance of that party's obligations under the Contract, including without limitation the Data Protection Act 1998.
11.2 Catalyst will need to disclose your name, telephone number and credit card details (if applicable) to its nominated third party service provider only to the extent necessary to enable them to provide the Services to you and as required by law.
11.3 If at the time that you subscribed for the Services you gave Catalyst permission to do so, Catalyst may contact you in order to give you details of Catalyst's products and services. If you wish Catalyst to stop contacting you in this way, please let us know by sending an email to info@dognbonezone.co.uk

12. General
12.1 If any part of these Conditions or the Contract is held to be invalid, illegal or unenforceable in any respect whether in whole or in part then such part shall be severed from the remainder of the Conditions which will continue to be valid and enforceable to the fullest extent permitted by law and such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the rest of these Conditions or the remainder of any part of the Condition affected.
12.2 Failure by Catalyst to exercise or delay in exercising any right or remedy under the Contract shall not constitute a waiver of the right or any other rights or remedies and no single or partial exercise of any right or remedy shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
12.3 Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of the United Kingdom and the parties submit to the non-exclusive jurisdiction of the courts of the United Kingdom.
12.4 Any notice required or permitted to be given by either party to the other under these Conditions or the Contract shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this Condition to the party giving the notice.
12.5 You acknowledge that in entering into the Contract you have not relied on any warranty, representation, undertaking or agreement other than those contained or referred to in these Conditions. You waive any right or remedy you may have to claim damages or rescission for any misrepresentation in respect of any representation not contained in these Conditions or for breach of any warranty not contained in these Conditions and acknowledge that your only remedies against Catalyst are for breach of contract provided always that nothing in this Condition 12 shall exclude or limit Catalyst’s liability to you in respect of any fraudulent misrepresentation or warranty fraudulently given and upon which you can prove that you have placed reliance. Subject to the foregoing, these Conditions and the documents referred to in these Conditions constitute the entire agreement and understanding between the parties with respect to all the matters which are referred to in these Conditions.

13. Interpretation
13.1 In these Conditions the following terms and expressions shall have the following meanings:
"Charges" Catalyst's charges for the Services from time to time in force as published on the Website;
"Conditions" these terms and conditions or any of them;
"Contract" the contract between Catalyst and you for the provision of the Services comprising these Conditions and all other documents referred to in these Conditions;
"Equipment" the terminal equipment (if any) that Catalyst agrees to supply to you in connection with the Services;
"Order Form" the order form completed by you (either in paper or electronic format) and submitted to Catalyst;
"PIN" the code that either Catalyst will provide to you or you select to enable you to make calls using the Services;
"Services" all services provided by Catalyst to you pursuant to the Contract as described on the Website and more particularly in the Order Form;
"Start Date" the date on which Catalyst notifies you that it has started to provide the Services;
"Website" Catalyst's website located at www.dognbonezone.co.uk
13.2 Reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted.
13.3 Words denoting the singular number only include the plural and vice versa.
13.4 The headings in these Conditions are inserted for convenience only and do not affect their meaning.
13.5 Any reference to any of the parties hereunder includes their successors in title and permitted assigns.