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Terms & Conditions Definitions

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Flamingo Digital means Flamingo Digital Ltd. T/A Flamingo Digital
Act means the Communications Act 2003 and includes any amendments to the Act that may be made from time to time.
Customer means the person, partnership or company requesting the Service.
Service means the service or services requested by the Customer and to be provided to the Customer by Flamingo Digital.
Agreement means this agreement entered into by and between Flamingo Digital and the Customer and is subject to both the terms set out overleaf and those herein.
OFCOM means the Office of Communications.
PSA means Phone-paid Services Authority.

  1. Duration
    This Agreement shall come into full force and effect from the date of acceptance by Flamingo Digital, whereupon it will continue unless terminated by either party giving the other not less than one month's prior written notice, or unless terminated by Flamingo Digital subject to Section 9 of this Agreement.

  2. Use of Service
    2.1) Flamingo Digital shall provide the Service to the Customer subject to the Agreement and subject to availability and shall exercise all due care in the provision and maintenance of the Service to provide high quality and reliability.
    2.2) All information relating to the Customer collected by Flamingo Digital in the course of providing the Service shall remain confidential between the Customer and Flamingo Digital, subject only to the permitted uses of that information under the Agreement or as may be required under the Act or any other regulations relating to the Service, except that Flamingo Digital, at its sole discretion, may use data about the use of the Service by the Customer as part of any report or publication without revealing the identity of the Customer.
    2.3) The Customer undertakes to use the Service in accordance with the conditions set out herein and such variations as may be notified in writing from time to time to the Customer by Flamingo Digital and in accordance with the Act or any other regulations relating to the Service.
    2.4) The Customer shall indemnify and hold harmless Flamingo Digital against all liabilities, claims, losses, damages, or expenses arising directly or indirectly or in any way associated with any use of the Service by the Customer or the provision of the Service by Flamingo Digital.
    2.4.1) Nothing in this Agreement shall exclude or restrict any liabilities by Flamingo Digital for death or personal injury resulting from its negligence.
    2.5) The Customer shall not use or allow use of the Service in any manner or for any purpose that is unlawful or offensive.
    2.6) The Customer shall notify Flamingo Digital immediately upon becoming aware of any failure or malfunction in the Service.
    2.7) Flamingo Digital aims to correct any failure or malfunction in the Service within two working days or as soon as is reasonably practicable.
    2.8) The Customer recognises that the service is not guaranteed to be "continuous" and that there may be periods when the service is unavailable for operational or other reasons.
    2.9) Flamingo Digital's services are provided for business use only.
    2.10) Flamingo Digital may amend the terms and conditions of the Agreement from time to time and when new legislation or regulatory bodies make it necessary. The Customer indemnifies Flamingo Digital against any subsequent prefix or other numbering changes imposed by Ofcom, PSA, Network Operator or regulatory body.
    2.11) The Customer may change/re-route where calls are diverted to by contacting Flamingo Digital.
    2.12) Advanced number services are subject to availability and may vary depending on the number purchased. Not all advanced services are available on all numbers issued by Flamingo Digital.
    2.13) The Customer shall not use the service in conjunction with or as a call-through/dial-through service.
    2.14) The services provided are not to be used to generate artificially inflated traffic (AIT). Where AIT or fraudulent traffic is detected or suspected, services will be terminated immediately.

  3. Provision of Information
    3.1) The Customer undertakes to provide to Flamingo Digital free of charge and in full cooperation any information reasonably required by Flamingo Digital in order to fulfil its obligations under the Agreement.
    3.2) Flamingo Digital shall, at its sole discretion, use this information for any credit reference or debt collection purpose, including disclosure to and use by its agent or agents acting on its behalf. Flamingo Digital may carry out further credit searches on the Customer during the agreement and after the agreement has ended for credit control and debt collection purposes.

  4. Prices
    The prices in this agreement may be changed subject to thirty days' notice in writing being provided to the Customer.

  5. Acceptance by Flamingo Digital
    5.1) A pre-requisite of acceptance of this agreement by Flamingo Digital is that the Customer supplies a complete copy of their latest telephone bill to Flamingo Digital.

  6. Liability & Compensation
    6.1) If the service provided by Flamingo Digital is not available for any reason for a continuous period in excess of forty-eight hours and a Customer makes a request by telephone and confirms it in writing to Flamingo Digital during the period in which the service is unavailable, the Customer shall be paid compensation in the amount of double the amount of rent which the Customer has paid for the period when the service is unavailable.
    6.2) Under no circumstances shall the amount paid in compensation exceed the amount paid in rent by the Customer. Flamingo Digital shall have no liability whatsoever to the Customer in contract, tort, or otherwise, including any liability due to negligence for loss of goodwill, revenue, anticipated savings, profit, or for any direct, indirect, or consequential financial loss howsoever arising except as provided for under Clause 2.4.1 of this Agreement.

  7. Payment
    7.1) The Customer shall pay for use of the Service according to Flamingo Digital's tariff as amended from time to time.
    7.2) Usage charges payable by the Customer shall be calculated by Flamingo Digital according to data recorded by Flamingo Digital.
    7.3) Flamingo Digital shall invoice the Customer monthly or yearly for use of the Service and for any standing charges, but the Customer is required to maintain the account in credit at all times.
    7.4) Invoices are due within 14 days of the invoice date without set-off or deduction. Where invoices become overdue, a £5.00 late payment fee will be charged. This charge will be applied to the Customer’s next invoice.
    7.5) Interest will be charged on overdue invoices at 4% above the Lloyds Bank base rate until paid.
    7.6) Flamingo Digital reserves the right to make the following charges:

  • Cheques and Direct Debits returned unpaid: £30.00 per item.

  • Credit/Debit card chargebacks: £30.00 per chargeback.

  • Reconnection fee following non-payment: £30.00 per number.

  • Porting away where porting is requested by the Customer: £30.00 per number.

  • Directory enquiry submission/alteration/removal where available: £30.00 per number.

  • Transfer of a Service between accounts where change in legal entity of the Customer: £30.00 per number.
    7.7) All monthly invoices are payable by Stripe. The Customer may, if preferred, pay by bank transfer or standing order.
    7.8) Failure to pay on time may result in services being suspended or terminated at the discretion of Flamingo Digital.

  1. Suspension of Service
    8.1) In the event that the Customer is in breach of the Agreement, provision of the Service to the Customer may be suspended forthwith by Flamingo Digital upon notification to the client by written notification without liability to the Customer and until further notice.
    8.2) Suspension of the Service will entitle Flamingo Digital to payment on demand of all amounts owed by the Customer under the Agreement, whether already invoiced or not.
    8.3) The Customer shall pay Flamingo Digital a reconnection fee of £30.00 per number should reconnection take place.

  2. Termination
    9.1) Without prejudice to their rights under the Agreement expressed or implied, the Customer or Flamingo Digital shall have the right to terminate the Agreement in the event that the other party is in default either in observation of or in performance of its obligations under the Agreement and in the case of rectifiable default fails to rectify the default within a reasonable time specified by the non-defaulting party in writing.
    9.2) Without prejudice to their rights under the Agreement expressed or implied, Flamingo Digital may terminate the Agreement in the event that a liquidator, trustee in bankruptcy, receiver or administrator is appointed in respect of the assets and/or business of the Customer or if the Customer is deemed insolvent according to the Insolvency Act 1986, or if any licence under which the Customer operates its business is revoked, amended or ceases to be valid.
    9.3) Without prejudice to their rights under the Agreement expressed or implied, Flamingo Digital may terminate the Agreement in the event that its licence under the Act is revoked.

  3. Assignment
    10.1) Flamingo Digital shall have the right to assign, delegate, or otherwise deal with their rights under the Agreement in part or in whole. The Customer shall not have the right to assign, delegate, or otherwise deal with their rights under the Agreement in part or in whole.
    10.2) Flamingo Digital may port any telephone number to a different network operator if and when it sees fit. The Customer hereby agrees the Customer shall have no objection to this.

  4. Entire Agreement
    The Agreement represents the entire understanding between the parties in relation to the subject matter hereof and 

  5. supersedes all prior agreements, representations, or understandings by either party, whether oral or written.

  6. No Waiver
    Failure by either party to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

  7. Notices
    13.1) Any notice, invoice, or other document which may be given under the Agreement shall be deemed to have been duly given if sent by email or post to the address or email address on the Customer’s account.
    13.2) The Customer shall notify Flamingo Digital of any change of address, telephone number, or email address.

  8. Force Majeure
    Neither party shall be held to be in breach of its obligations under the Agreement, save for obligations to make payments under the Agreement, to the other party for any loss or damage which may be suffered by the other party due to any cause beyond the reasonable control of the first party including, but not limited to, any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, act or omission of Government authorities, other telecommunications providers, war, military operations, or riot.

  9. Governing Law
    The Agreement shall be governed by and construed and interpreted in accordance with English Law, and the parties hereby submit to the jurisdiction of the English Courts.

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