Terms of Service – Free Plan and Business Plan

version 1_2, last updated August 19, 2020

IMPORTANT: YOU, OUR CUSTOMER, MUST READ THIS AGREEMENT CAREFULLY AS YOU WILL BE BOUND BY THIS AGREEMENT IF YOU USE ANY OF OUR FREE PLAN OR BUSINESS PLAN SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF ANOTHER PERSON (NATURAL OR LEGAL) YOU WARRANT THAT YOU HAVE AUTHORITY TO DO SO. THE SERVICES ARE NOT A SUBSTITUTE FOR A FIXED OR MOBILE SERVICE AND CANNOT BE USED TO CALL EMERGENCY NUMBERS OR EMERGENCY SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR YOUR USE (OR OUR SUPPLY TO YOU) WOULD BE CONTRARY TO ANY EXPORT LAW IN ANY JURISDICTION, DO NOT USE OUR SERVICES.

 

1. Interpretation

1.1 This Agreement shall wholly incorporate the terms set out in our general terms of service which can be found here: https://loopup.com/en/legal/terms-service/ (“General Terms of Service”). In the event of any conflict between this Agreement and the General Terms of Service, this Agreement shall prevail.

1.2 This Agreement shall apply to ‘Free Plan’ Services and ‘Business Plan’ Services only. Free Plan Services and Business Plan Services are only available to ‘business’ customers (being a company, corporation, partnership, sole trader or such other analogous entity) incorporated within the United Kingdom or the United States of America (“Permitted Territories”).  The Services shall not be available to individual consumers and you must not sign up for use of the Services if you are an individual consumer or a business located outside of the Permitted Territories.

1.3 In this Agreement:

  • ‘Agreement’ means these terms of service relating to Free Plan and Business Plan services;
  • ‘Business Plan’ means the agreed paid package for the use of the LoopUp Services as set out in your Order Form and subject to the terms of this Agreement; and
  • ’Free Plan’ means the agreed free to use package for the use of the LoopUp Services as set out in your Order Form and subject to the terms of this Agreement.

1.4 All other definitions and rules of interpretation as set out in the General Terms of Services shall apply to this Agreement.

 

2. Formation of Contract

2.1 You must first send us an executed Order Form for a custom-selected Service to suit your specialised requirements, accepting this Agreement and the Privacy Policy. We may, in our sole discretion, treat any request from you for a Service as an Order Form. We reserve the right to decline to accept an Order Form or provide Services to any entity in our sole discretion for any reason. In no event will any terms that are not now in this Agreement modify this Agreement, whenever received, except when agreed in writing signed by a duly authorized representative of each party. This Agreement will be legally binding from the earlier of the date we notify you we accept your Order Form or the date of your first use of the Services. This Agreement represents a customized, fully negotiated arrangement between you and us.

 

3. Services

3.1 In consideration of your payment of the Charges (where applicable), and continued compliance with this Agreement, we will provide you with the Services identified in your Order Form:

3.2 References to ‘unlimited’ usage is subject to a fair usage policy as determined at our discretion. We reserve the right to suspend or terminate access to the Services in the event of any misuse of such fair usage policy.

3.3 You are only entitled to one User as part of the Free Plan and the Business Plan. In the event you create additional accounts which are designed to circumvent this restriction we shall reserve the right to terminate access to the Services immediately.

 

4. Private Carrier

4.1 For the purposes of US law and regulation, we are a private carrier, not a common carrier, and we may exercise our termination rights under this Agreement discriminatorily amongst similarly-situated customers.

 

5. Charges

5.1 Notwithstanding the provisions as set out in the General Terms of Service:

  • Free Plan – there shall be no Charges for use of the Services pursuant to the Free Plan in accordance with the terms of this Agreement.
  • Business Plan – Charges shall be payable monthly in advance of the Services as set out in your Order Form.

5.2 All Charges are stated exclusive of, and subject to, any applicable tax, duty regulatory fee or surcharge or government levy which may apply from time to time.