Terms of Service SpeakServe Terms of Service

Introduction

Speakserve Limited

Company Number: 07640707
VAT Number: 112 9849 05
Registered Office: Steynings House, Salisbury, Wiltshire, UK SP2 7RJ

Terms & Conditions

Please read these Conditions and any Additional Terms carefully before using the Speakserve website at http://www.speakserve.com and/or any Speakserve services.

In the event of a conflict between these Conditions and any Additional Terms governing the Services, the Additional Terms will prevail.

1. Definitions

   1. In this Agreement the following words and expressions shall have the following meanings unless the context clearly requires otherwise:
      • “Additional Services” shall have the meaning given in clause 5.1;
      • “Additional Terms” means additional terms and conditions that apply in respect of each particular Service and contained in the schedules to these Conditions;
      • “Charges” means the charges to be paid by the Customer to Speakserve for the provision of the Services as detailed within the Order Form;
      • “Commencement Date” means the date on which Speakserve indicates its acceptance of the Contract, either by sending the Customer a welcome letter or email or by commencing provision of the Services whichever is earlier;
      • “Conditions” means these standard terms and conditions;
      • “Contract” the contract for the supply of Services made between Speakserve and Customer, set out in the Order Form and these Conditions and any Additional Terms (as applicable);
      • “Customer” means the person with whom Speakserve contracts to supply the Services and whose details are set out on the Order Form;
      • “Default” means any breach of the obligations of either Party (including, but not limited to, a fundamental breach or breach of a fundamental term) or any default, act, omission, negligence or statement of either Party, its employees agents or sub-contractors in connection with or in relation to the subject matter of these Conditions and in respect of which such Party is liable to the other;
      • “Device” means a physical or virtual machine including, but not limited to, computers, Servers, printers, switches, IP phones and routers connected to a telecommunications network;
      • “Due Date” shall have the meaning given in clause 9.2;
      • “Initial Term” means 12 months from the Commencement Date or where a Service is supplied 12 months from the Service Start Date for that Service, or such other period as specified on the Order Form or Additional Terms for that Service whichever is the latter;
      • “IPR” means all patent rights, trademarks, copyright, design rights, database rights, rights in inventions, semiconductor topography rights, know-how, or any similar right exercisable in any part of the world (whether registered or unregistered) and including any applications for the registration of any patents or designs;
      • “Order Form” means an order form accepted by the Customer requesting the supply of any or all of the Services from Speakserve;
      • “Parties” means Speakserve and the Customer and “Party” shall mean either of them;
      • “Participant” shall have the meaning given to it in clause 4.5;
      • “PIN” means a personal identification number provided by Speakserve to Customer in connection with the use of the Services;
      • “Privacy Policy” means Speakserve’s privacy policy which is available to view at http://www.speakserve.com;
      • “Prohibited Purposes” shall have the meaning given in clause 4.4;
      • “Renewal Period” shall have the meaning given in clause 2.2;
      • “Services” means a service and an Additional Service (if any) to be provided by Speakserve to the Customer and set out in the Order Form and “Services” means all such Services;
      • “Service Start Date” means the date on which a Service is first made available to the Customer;
      • “Servers” means a physical or virtual machine that shares resources (e.g. access to data files, programs and other peripheral devices) with other Devices on a telecommunications network;
      • “Speakserve” means Speakserve Limited (company number 07640707) whose registered office is situated at Steynings House, Salisbury, Wiltshire United Kingdom SP2 7RJ;
      • “Tariff” means the list of prices payable in relation to the Services as notified to the Customer from time to time;
      • “User” means those Customer designated individuals who may access and use the Services in accordance with this Contract. Each User must have a unique identifier usually a personalised email address (Eg john.smith@company.com).
      • “Website” means the Speakserve website found at http://www.speakserve.com; and
      • “Writing” means communication by one Party to the other Party by letter, email or facsimile transmission;
   2. In the Contract, unless the context clearly requires otherwise:
      1. words in any gender include every gender;
      2. words in the singular include the plural and vice versa;
      3. a person includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);
      4. references to clauses, paragraphs or schedules are references to the clauses, paragraphs or schedules in these Conditions;
      5. any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
      6. any Party who agrees to do something will be deemed to fulfil that obligation if that Party procures that it is done;
      7. the headings to the clauses and paragraphs of these Conditions will not affect the interpretation;
      8. any sum payable by one Party to the other Party will be exclusive of VAT and any other relevant duties, taxes or levies each of which will, where chargeable, be paid in addition to the sum in question at the time when the sum in question is due to be paid.

2. Duration

   1. The Contract shall begin on the Commencement Date and shall continue in force for the Initial Term.
   2. Upon expiry of the Initial Term, the Contract will automatically renew for further periods of twelve months or such other periods specified on the Order Form (the “Renewal Period”) until terminated in accordance with these Conditions.
   3. Each Service shall commence on the Service Start Date for that Service.

3. Provision of Services

   1. Speakserve shall provide, and the Customer shall use, the Services in accordance with these Conditions.
   2. Speakserve shall exercise the reasonable care and skill of a competent telecommunications provider in the performance of its obligations under the Contract and shall use reasonable endeavours to supply the Services to the Customer by any date agreed between the Parties. All dates are estimates only and Speakserve shall not be liable for any failure to provide a Service.
   3. Speakserve shall be entitled at any time and without liability to modify, expand, improve, maintain or repair the Services wherever located, including suspension of the same in whole or in part provided that Speakserve shall use reasonable endeavours to notify the Customer in advance and to minimise any disruption to the Services.
   4. It is technically impossible to provide the Services free of faults and Speakserve does not undertake to do so. The quality of the Services depends on the quality and availability of the network to which the Customer is connected and other telecommunications networks across which data is transmitted and/or the quality of the Customer’s computer or mobile device used to access the Services.
   5. Speakserve may monitor and/or record calls made to its customer services departments to improve the quality of service and for training and verification purposes.
   6. Occasionally Speakserve may (i) change the PIN code or phone number or the technical specification of the Service for operational reasons; or (ii) give the Customer instructions that it believes are necessary for security, health or safety, or for the quality of the Services that it supplies to the Customer or other customers and the Customer agrees to observe them.

4. Use of the Services

   1. Access to an operative telephone line is required to use the Services. Access to the Internet and an email address are required in order to use the Website and some elements of the Services. The Customer must make its own arrangements for Internet and/or telephone line connection and the Customer is responsible for any telephone costs and/or charges which may become due in relation to accessing and/or using (as applicable) the Website and/or any of the Services.
   2. The Customer is responsible for providing a suitable Device to access and use the Website and for any telecommunications costs incurred in connection with its use of the Website. The Customer acknowledges that the quality of Device and connection to the Internet will affect its use of the Website and the online services available through the Website.
   3. The Customer acknowledges that as between itself and Speakserve it is responsible for the security of any device from which it accesses the Website and Speakserve is not responsible for any computer virus or bug that affects the Customer’s computer, mobile device or data as a result of its use of the Website or the downloading of any materials from the Website.
   4. The Customer must promptly provide Speakserve free of charge with all information and co-operation that Speakserve may reasonably require and comply with Speakserve’s reasonable instructions regarding the use of the Services.
   5. The Customer and any person the Customer invites or allows to use the Services (“Participant”) must use tone-dialling telephones to dial in to any telephone based element of the Services;
   6. The Customer must not use or permit anyone else to use the Services:
      1. for any unlawful, fraudulent, illegal or immoral purpose;
      2. to cause annoyance, inconvenience, nuisance or needless anxiety (including the making of hoax calls);
      3. to send, knowingly receive, upload, download or use any material, message or communication which is offensive, abusive, indecent, defamatory, obscene or menacing;
      4. to spam, send or provide unsolicited advertising or promotional material, or knowingly to receive responses to spam, unsolicited advertising or promotional material sent or provided by a third party;
      5. other than in accordance with instructions issued by Speakserve pursuant to the Contract;
      6. in contravention of any licence, code of practice, instructions or guidelines issued by any regulatory authority or in contravention of a third party’s rights (including Speakserve’s rights); or
      7. in a way which Speakserve, acting reasonably, considers is, or is likely to be, detrimental to the provision of the Services to the Customer or to other customers or in a way which could materially affect the quality of any electronic communications service over a public communications network including the Services,
      8. together the “Prohibited Purposes”.
   7. Speakserve reserves the right to record calls made through the Services and to use such recordings for the sole purpose of investigating suspected, alleged or actual use of the Services and/or underlying telecommunication systems or networks for Prohibited Purposes.
   8. If Speakserve suspends the Services pursuant to clause 16.1 for contravention of clause 4.4 it may refuse to restore the Services until it receives an acceptable assurance from the Customer that there will be no further contravention.
   9. Each Party shall nominate one person from within its organisation who shall act as the account manager of such Party for all matters related to the Contract.

5. Additional Services

   1. The Customer may order new and/or expansion of existing Services (the “Additional Services”) at any time. Subject to clause 5.2, any order for Additional Services will be deemed accepted by Speakserve and be incorporated into the Contract on the earlier of: (i) the date on which the Customer is notified in Writing that the order has been accepted by Speakserve ; or (ii) the date on which the Additional Services are first made available to the Customer.
   2. Prior to the Additional Services being made available to the Customer, the Customer must sign an Order Form and/or complete such other documentation as may be required by Speakserve relating to the Additional Services.

6. Security

   1. In order to access the Services, Speakserve may provide the Customer with a PIN code or other password.
   2. The Customer shall not acquire any rights in relation to any telephone numbers or any PIN code or number or password allocated by Speakserve in connection with the Services.
   3. The Customer must access the Services using only the phone numbers and/or PIN or other password provided by Speakserve to Customer.
   4. The Customer is responsible for the security, safe keeping and proper use of the PIN code (and any other passwords) received from Speakserve and must keep them confidential and must not disclose them to any third party.
   5. The Customer must inform Speakserve immediately if it suspects that any password in relation to the Services has become known to someone who is not authorised to use it.
   6. If Speakserve suspects that there is likely to be a breach of security or a misuse of the Services it may change Customer’s password (without notice) and notify the Customer accordingly.

7. Charges

   1. Where applicable the Customer shall be liable for all Charges incurred for each Service from the Commencement Date, whether the Services are used by employees of the Customer or by any other person with or without the Customer’s permission or knowledge and notwithstanding that they may have arisen from unauthorised, fraudulent, or illegal use and whether or not they derive from installation and access which have been authorised by Speakserve.
   2. The Customer shall be billed and agrees to pay:
      1. monthly in advance for any recurring Charges (for example subscription or rental charges); and
      2. monthly in arrears for usage and non-recurring Charges (for example calls or connection charges).
   3. Speakserve reserves the right to invoice the Customer at any time for any Charges which have been incurred by but not billed to the Customer, in particular but without limitation, where Speakserve receives an invoice from its suppliers for services or goods previously supplied to, but not invoiced to, the Customer.
   4. Charges will be calculated by reference to the Tariff provided to the Customer and data recorded by Speakserve. In the absence any manifest error, such records shall be deemed conclusive.
   5. All Charges are subject to change by Speakserve giving not less than 30 days prior written notice to the Customer.

8. Payment

   1. The Customer must pay the Charges in full by direct debit (without deduction or set off). Failed direct debits (for whatever reason) will be subject to a £5 charge.
   2. In the event that payment cannot be made by direct debit, the Customer must pay the Charges in full (without deduction or set off) within 14 days of the date of any invoice issued by Speakserve (“Due Date”). Time for payment of the Charges shall be of the essence. Invoices paid by means other than direct debt will be subject to a £5 monthly charge.
   3. Unless otherwise stated all Charges are exclusive of value added tax which, where applicable, will be added to the invoice at the prevailing rate.
   4. Invoices shall be provided to the Customer electronically. Paper invoices will be provided on request, however Speakserve reserves the right to require the Customer to pay a reasonable sum to cover the cost of providing invoices.
   5. Speakserve reserves the right to claim statutory interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
   6. If the Customer does not pay any amount due by the Due Date, Speakserve may instruct a debt collection agency to collect payment (including any late interest and/or late payment charges) on its behalf. If Speakserve instructs such an agency, the Customer must pay an additional charge, not to exceed the reasonable costs Speakserve incurs in instructing the agency. This charge will be added to the Customer’s outstanding debt by the agency.
   7. Speakserve may at any time:
      1. carry out a credit check on the Customer and the Customer agrees to provide Speakserve with any information reasonably required for this purpose;
      2. limit the amount of credit which it advances to the Customer;
      3. require the Customer to pay a deposit, make payments on account or provide some other form of guarantee as security for future charges; and/or
      4. register the information about the Customer and the Customer’s account with credit reference agencies. Speakserve and other lenders may use this information to make credit decisions. This information may also be used to prevent fraud and to trace debtors.
   8. Speakserve may, without notice, withhold any payments due to the Customer under the Contract or any other agreement between Speakserve and the Customer if:
      1. Speakserve has reason to believe the Customer is in breach of the Contract; and
      2. the Customer is conducting its business or using a Service illegally or for an illegal purpose.
   9. Speakserve reserves the right to set off any sums owing from the Customer to Speakserve against any sums owing from Speakserve to the Customer

9. Intellectual Property Rights

   1. Except as otherwise expressly set out in these Condition, the Parties will not acquire any rights or licences to the other Party’s IPR. All IPR in any software (and associated written or electronic documentation) provided to the Customer as part of the Services shall remain the property of Speakserve or its licensors.
   2. Where software is supplied to enable the Customer to use a Service, Speakserve grants to the Customer a non-exclusive, not-transferable licence to use such software for that purpose only. Unless otherwise agreed in Writing, any licence granted by Speakserve will expire on termination of the Contract or of the relevant Service.
   3. The Customer shall not, and shall not permit anyone else to copy, modify, reverse engineer, decompile or otherwise endeavour to obtain the source code of such software, nor copy the manuals or documentation supplied with such software, except to the extent permitted by law.
   4. If requested by Speakserve the Customer shall sign any agreement which is reasonably required by the owner of the IPR in such software to protect its right s or interests therein. No additional charges will be payable under any such agreement. The Customer acknowledges that failure to do so may result in Speakserve being unable to supply the software.

10. Liability

    1. The following provisions set out the entire financial liability of Speakserve (including liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of any Default, subject to clause 10.2 and save as provided in clause 10.3 and 10.4, in no circumstances will the Supplier be liable for any loss of damage of any kind whatsoever arising from any Default and irrespective of whether the Supplier had been advised, knew or should have known of the possibility of such loss or damage.
    2. Neither Party excludes or limits its liability for personal injury or death caused by its negligence or for fraudulent misrepresentation or to any extent not permitted by law and clause 10.3, 10.4 and 10.5 will not apply to such liability.
    3. Speakserve will only be liable to the Customer for claims made in Writing within [6 months] of the date on which the Customer becomes aware or ought reasonably to have become aware of the grounds of such claim.
    4. Subject to clause 10.2 above, Speakserve’s total aggregate liability to the Customer in connection with the Contract whether in contract, tort (including, without limitation, negligence), misrepresentation, breach of statutory duty or otherwise shall be the lesser of:
       1. £1,000; or
       2. the amount of the Charges paid by the Customer in the 12 month period immediately preceding the date on which Speakserve is notified of the claim; in respect of any single occurrence or series of occurrences whether successive or concurrent in any 12 month period.
    5. Subject to clause 10.3 and 10.4 above:
       1. Speakserve will not be liable to the Customer for any third party interference of the system, not limited to hacking or dial through toll Fraud ("Toll Fraud"); and
       2. Speakserve shall not, without limitation, be liable to the Customer in connection with the Contract whether in contract, tort (including without limitation negligence), misrepresentation, breach of statutory duty or otherwise for direct, indirect, consequential loss of profit, revenue, time, business, anticipated savings, opportunity, use, wasted expenditure, loss of or damage to physical property pr of any direct, indirect or consequential loss, corruption or destruction or data, whether or not Speakserve was advised or aware of the possibility of such damages, losses or expenses.
    6. In the event of any failure of a Service, Speakserve shall not be liable to the Customer should the Customer temporarily or permanently divert its traffic to another service provider.
    7. Except as set out in these Conditions, all other warranties, terms and conditions whether implied by statute or otherwise are hereby excluded.
    8. Each provision of this clause 10 operates separately and if any part is held by a court to be unreasonable or inapplicable the other parts shall remain in force.
    9. The prices charged by Speakserve have been set on the basis of the exclusions and restrictions of liability in the above clauses and would be higher without those provisions. In the circumstances, the Customer agrees that those provisions are reasonable and will accept risk and/or insure accordingly.

11. Indemnity

    1. The Customer indemnifies Speakserve against any claims or legal proceedings (including damages, loss, costs and expenses) which are brought or threatened against Speakserve or its sub-contractors by any third party as a result of the Customer’s use of the Services otherwise than in accordance with the Contract.
    2. Speakserve will notify the Customer of any claims or legal proceedings and will keep the Customer informed as to the progress of such claims or legal proceedings.

12. Confidentiality

    1. The Paries will keep in confidence any information of a confidential nature obtained under the Contract (whether written or oral) including the Charges and will not disclose such confidential information to any person (other than their employees and professional advisers who need to know the same for the purpose of the Contract and who are under a duty of confidentiality equivalent to this clause 12) without the prior written consent of the other Party,
    2. This clause 12 will not apply to:
       1. any information which has been published other than through a breach of these Conditions;
       2. information lawfully in the possession of the recipient before the disclosure under the Contract took place;
       3. information obtained through a third party who is free to disclose it; and
       4. information which a Party is required by law to disclose.
    3. The Customer acknowledges that Speakserve is unable to share information regarding the Customer’s account with another telecommunications service provider.
    4. Speakserve shall only discuss the Customer’s account with the Customer and, where the Custonmer is a business, only with those employees with the requisite authority.

13. Compliance with Laws

    1. The Parties shall comply with all applicable laws and regulations relating to the supply and use of the Services, including the Data Protection Act 1998 and any other data protection, privacy or similar laws. The Parties shall provide such help and co-operation as is reasonably necessary or requested by the other to enable compliance with this clause.
    2. Speakserve may from time to time disclose personal data to its sub-contractor and service providers in order to supply the Services.
    3. Details of Speakserve’s data protection practices are contained in the Privacy Policy.

14. Assignment

    1. Speakserve may assign all or any of the benefit of these Conditions and any Contract.
    2. Speakserve may delegate the performance of all or any of its obligations under the Contract without the Customer’s consent provided that Speakserve will remain liable for such performance.
    3. The Customer shall not assign all or any of its rights or obligations under these Conditions or a Contract to any other person or entity without the prior written consent of Speakserve.

15. Suspension

    1. Speakserve may at its sole discretion (without liability and without losing or reducing any other right or remedy it has under these Conditions) temporarily suspend the Services either in whole or in part until further notice on notifying the Customer either orally (confirming the same in Writing) or in Writing in the event that:
       1. the Customer has failed to pay any sums due to Speakserve under the Contract or any agreement between the Parties;
       2. the Customer is in breach of the Contract;
       3. the Customer prevents or delays any prearranged maintenance from being carried out or operational reasons require it;
       4. the Charges have reached the limit set out in clause 8.7.2;
       5. the quality of the Services may be or is impaired or otherwise adversely affected;
       6. there is a case of emergency or Speakserve is obliged to do so by an emergency service organisation(in which case no prior notice will be required);
       7. the events in clauses 16.1 and/or 16.3 occur;
       8. Speakserve is required to do so by a public telecommunications network, the government or any body with the competent jurisdiction or any of its suppliers; or
       9. Speakserve has reasonable grounds to believe that a Service is being used illegally or for criminal or fraudulent purposes.
    2. The Customer will continue to pay the Charges during any period of suspension.

16. Termination

    1. Either Party may terminate the Contract with immediate effect on written notice to the other if the other Party:
       1. commits a material breach or persistent breaches of the Contract (including a failure to pay any sums due under the Contract) and, where such breach is capable of remedy, has failed to do so within 30 days of receipt of Written notice specifying the breach and requiring its remedy; or
       2. is subject to bankruptcy or insolvency proceedings, becomes insolvent, makes any composition or arrangement with or assignment for the benefit of its creditors, or goes into either voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over its assets.
    2. Subject to clause 16.3 the Customer may terminate a Service by giving at least 90 days prior Written notice to Speakserve, such notice to expire at the end of the Initial Term or Renewal Period for the Service being terminated. The Customer may terminate each Service independently of another Service however the Customer may only terminate the Contract in its entirety once the Initial Term for all services provided under the Contract has expired.
    3. [Nothing in this clause 16 limits or affects the Customer’s rights to terminate a Service pursuant to the Additional Terms.]
    4. Speakserve may terminate the Contract with immediate effect on written notice to the Customer:
       1. in order to comply with a decision or action of a competent regulatory authority;
       2. any contract upon which Speakserve relies for the provision of the Services is terminated (for whatever reason).
    5. Speakserve may terminate the Contract and all Services provided thereunder at any time on giving 90 days prior written notice to the Customer.
    6. On termination of the Contract for any reason:
       1. all monies then owing by the Customer to Speakserve become immediately due and payable; and
       2. any monies owing by Speakserve to the Customer shall be calculated by Speakserve at the same time as the Customer’s final bill and shall be paid as soon as reasonably practicable thereafter. Any monies owing by Speakserve to the Customer which are disputed by either Party shall be retained by Speakserve until such dispute has been settled.
    7. Where a Service or the Contract is terminated prior to expiry of the Initial Term or Renewal Period (as applicable), other than by breach by Speakserve, the Customer shall pay Speakserve all outstanding Charges due for each Service from the date of termination up to the end of the Initial Term or Renewal Period (as applicable) for each Service terminated.
    8. Termination of the Contract shall be without prejudice to any claims or remedies that either Party may have against the other accrued up to the date of termination.
    9. On termination of the Contract (for whatever reason) clauses 7.1 (Charges), 8 (Payment), 9 (Intellectual Property Rights), 10 (Liability), 11 (Indemnity) 12 (Confidentiality), 13 (Compliance with Laws), 16 (Termination), 17.1 (Governing Law and Jurisdiction) and 17.2 (Entire Agreement) shall remain in force (so far as necessary).

17. General Provisions

    1. The Contract shall be governed by and construed in accordance with English Law and each of the Parties irrevocably submits for all purposes in connection with the Contract to the exclusive jurisdiction of the courts of England.
    2. These Conditions supersede all prior agreements, arrangements and undertakings between the Parties and constitutes the entire agreement between the Parties relating to the subject matter of these Conditions. The Parties confirm that they have not entered into these Conditions on the basis of any representation (unless fraudulent) that is not expressly incorporated into these Conditions.
    3. Neither Party shall be deemed to be in breach of the Contract or otherwise liable by reason of any delay in performance or non-performance of any of its obligations under the Contract (other than the obligation to make payments due under it) to the extent that such delay or non-performance is caused by a matter beyond its reasonable control of which it has notified the other Party, including but not limited to any act of God, extreme weather conditions, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance (including strikes, lock-outs, trade disputes or labour disturbances directly involving employees of that Party), the act or omission of Government, highways authorities, telecommunications operators or other competent authority, war, military operations, riot or difficulty, delay or failure in manufacture, production or supply by third parties of products or services, failure or delay of a supplier to supply to Speakserve with Services. If pursuant to this clause either Party is unable to perform its obligations for a continuous period of 3 months or longer any Force Majeure occurs in relation to either Party which affects or may affect the performance of any of its obligations concerning the provision of the Services, it shall forthwith notify the other Party as to the nature and extent of the circumstances in question. If the performance by either Party of any of its obligations under the Contract is prevented or delayed for a continuous period in excess of thirty days, the other Party shall be entitled to terminate the Contract by giving Written notice to the Party so affected, whereupon all money due up to the point of termination shall be paid immediately, and in particular the Customer shall pay to the Supplier all arrears of payment.
    4. No delay, neglect or forbearance on the part of either Party in enforcing against the other Party any term or condition of these Conditions shall be or deemed to be or in any way prejudice any right of that Party under these Conditions. No right, power or remedy in these Conditions conferred upon or reserved for either Party is exclusive of any other right, power or remedy available to that Party.
    5. Unless expressly provided in these Conditions, no term of the Contract is enforceable pursuant to the Contract (Rights of Third Parties) Act 1999 by any person whoc is not a party to the Contract.
    6. If any provision of these Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Conditions.
    7. All notices under these Conditions shall be in Writing and notices shall be deemed to have been duly given:
       1. when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
       2. when sent, if transmitted by facsimile or email and a successful transmission report or return receipt is generated; and and in each case addressed to the most recent address, email address or facsimile number notified to the other Party.
    8. Speakserve reserves the right to vary these Conditions at any time provided that any change shall not materially affect the Service or the performance of any Service except insofar as it is reasonable to do so. Apeakserve will post the current version of these Conditions on Speakserve’s website (http://www.speakserve.com/) and the Custome is advised to review these at regular intervals.