Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Why you should read them. Please read these terms carefully before you register with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Unilink Software ('We'). We are registered in England and Wales under company number 2924046 and have our registered office at Europoint House, 5 -11 Lavington Street, London, SE1 0NZ. Our VAT number is 645 8960 91.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0)3333 441 816 or by writing to us at firstname.lastname@example.org or PO Box 1288 Bristol BS39 5YJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your registration. When we use the words writing or written in these terms, this includes emails.
3. Providing the services
3.1 When we will supply the services. We will supply the services to you until either the services are completed or your credit balance runs out or expires (if applicable) or you end the contract as described in clause 4 or we end the contract by written notice to you as described in clause 6.
3.2 We are not responsible for delays outside our control. Whilst we take care to ensure every message, photo, telephone number, connection to the call and Video Session is delivered there may be instances in which the sending, delivery or connection of a given message, photo, connection to the call or Video Session may not be possible due to factors within a prison establishment which are outside of our control, such as:
3.2.1 a message, photo, telephone number or Video Session is rejected by a prison service because it does not comply with our Acceptable Use Policy; or
3.2.2 a prison or prison service exercises its right to refuse registered users access to the service without notice; or
3.2.3 you have been notified by the court/police/prison that you are prohibited from contacting a specific recipient, in such circumstances, any correspondence sent using our services will not be delivered and you will still be charged.
3.3 What will happen if you do not give required information to us. We may need certain information from you so that we can deliver the messages, photo, call or Video Session for you, for example, name, address, recipient's information and telephone number. If you give us incomplete or incorrect information, we may either end the contract (and clause 6.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for delivering the message(s) late or not delivering them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. Please note that it is your responsibility to change the location of the recipient if they are relocated.
3.4 We may suspend delivery of the messages if you have insufficient funds. If you do not have enough money in your account to send a message, we will not be able to deliver it to your intended recipient and we may choose to end the contract.
3.5 Your use of neatPhone services. Any numbers issued by neatPhone will be automatically disconnected after 2 months of non-use. If this happens, you will need to apply for a new neatPhone number at the normal cost, as shown on our site from time to time. We are still at the prisons mercy and the telephone number needs to be approved by the prison service. Please note that the neatPhone service is only available for UK standard networks.
3.6 Video Sessions. Video Sessions may be monitored by prison staff – both audial and visual. Video Sessions can be recorded by the participating establishment. Prison staff monitoring Video Sessions have the ability and authority to terminate sessions without warning if they believe there has been, or is about to be, inappropriate behaviour or language.
Under no circumstances will applications be considered for reimbursement of the Video Session fee in the event of a session being terminated or if either party does not keep the appointment time.
As with social visits to a prison everyone is expected to behave in a reasonable and polite manner and therefore requestors are required to comply with the following conditions:
- The verified user is responsible for ensuring that all participants taking part in the Virtual Session are on the individual in custody’s approved visitor list
- No more than 3 participants can take part at any one time during the virtual session
- No abusive or threatening language, behaviour or gestures
- No overtly sexual language, behaviour or gestures
- Remain seated in front of the device being used to transmit the virtual session
- No holding up written, printed text or digital images to the camera
- No removal of any article(s) of clothing to reveal yourself
- No one should be, or appear to be, under the influence of drugs or alcohol
- No discussions or views of any illegal substances
- No recording or attempts to record the session can be made
- No information should be passed by either the requestor or prisoner which is intended for publication via any media channel, including social media
- Only individuals on camera are permitted to talk to the individual in custody
Conduct of the session
- The screen must not include large areas of background, including no signs with text
- The camera should not be redirected/repositioned to show anything other than the participant(s)
- The face of the participant(s) must always be clearly visible - no hats, sunglasses or face covering to be worn
- No other telecommunication device or channel should be used during the virtual session
- The location of the session must be held in a static location
- Sessions cannot take place in a public space or outdoors
If you do not follow the above requirements, this could jeopardise your access to future virtual sessions
4. Your rights to end the contract
4.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 4.1.1 to 4.1.4 below, the contract will end immediately and we will refund you in full for any credit in your account that has not been used and you may also be entitled to compensation. The reasons are:
4.1.1 we have told you about an upcoming change to the services or these terms which you do not agree to;
4.1.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
4.1.3 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or
4.1.4 you have a legal right to end the contract because of something we have done wrong.
4.2 Exercising your right to change your mind. You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services, e.g. sent a message on your behalf, you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
4.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of our message delivery services, once you request us to send your message, even if the cancellation period is still running.
4.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you but we may deduct from that refund £1.50 as compensation for the costs we will incur as a result of your ending the contract. We are only able to offer you a refund if you have purchased the funds within a six (6) month period. We still hold all data for 13 months after the contract end date, for law enforcement purposes.
5. How to end the contract with us (including if you have changed your mind)
5.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
5.1.1 Email. Email us at email@example.com. Please email from the registered email address requesting your account to be closed.
5.1.2 Online. Complete the form on our website and email it to us.
5.1.3 By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
5.2 How we will refund you. We will refund your credit by the method you used for payment, unless otherwise agreed. However, we may make deductions, as described below.
5.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
5.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
5.5 Refund. We are only able to offer you a refund if you have purchased the funds within a six (6) month period.
6. Our rights to end the contract
6.1 We may end the contract if you break it. We may end the contract for message delivery services at any time by writing to you if:
6.1.1 we receive a chargeback from your bank (your recipient will also not receive their messages, photos and/or connection to the calls or Video Sessions).
6.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
6.1.3 you do not use your account to send a message for a continuous period of six (6) months, you will not be refunded your credit balance.
6.1.4 if we receive a request from law enforcement.
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1 we will not refund the money you have paid in advance as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7. If there is a problem with the services
7.1 How to tell us about problems. If you have any questions or complaints, please contact us using the contact details in clause 2.2.
8. Price and payment
8.1 Where to find the price for the services. Prices (which includes VAT) will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services is correct.
9. Our responsibility for loss or damage suffered by you
9.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
9.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales or registration process. We will only be responsible for this type of loss up to a cumulative value of [£50,000].
10. Other important terms
10.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may transfer our rights under this contract without your consent.
10.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.