2. Price and Payment
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2.1 Morodo will accept payment by certain Credit and Debit cards. Alternative
payment methods may be available upon request. In all cases Morodo
requires receipt of cleared payment as a condition precedent to the
Agreement being effective. |
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2.2 Subject to clause 2.3 the prices payable for the Services shall be as stated in Morodo rate sheets current at the date of the Agreement. |
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2.3 Morodo will use its reasonable endeavours to give not less than seven
days' prior written notice to the Customer of any changes in the rates for
the Services by publishing new rates at the website www.mo-call.com.
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2.4 All prices and rates are inclusive of Value Added Tax but exclusive of any applicable taxes in the country of supply. The Customer will be responsible for paying any such duties according to the local laws and regulations of their country of usage. |
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2.5 The Customer's account may be topped-up at any time by making payments via the Morodo website or as may be specified by
Morodo from time to time. The Customer may only use the Service if there is a pre-paid credit balance. Pre-paid calls are billed
per minute. All charges for Services payable under this Agreement shall be calculated by reference to data recorded or logged
by Morodo. |
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2.6 Any credit on a Customer's Service account which remains unused three (3) months after purchase shall expire and will not be refundable and any bonus or promotional credit entered on an account shall be non-refundable in any event. |
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2.7 Once purchased a prepaid credit balance is not refundable. Morodo will not refund any remaining value stored on an account whether before or after its expiry date. |
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2.8 Although it may say differently elsewhere in this Agreement, Morodo's maximum liability to the Customer and anyone else that uses a top-up card is limited to the price of that card. |
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2.9 To use the Morodo MO-Call service, you must make a connection at least once every 90 days. If you do not, your MO-Call service may be disconnected and you may not be able to use the service at all. Any credit on your account at the time of disconnection
will be forfeited. |
3. Services
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3.1 The Service will not be available unless the Morodo Application is activated on the Customer's handset. If not, the Mobile Network Operator's usual charges will apply. |
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3.2 The Customer undertakes not to use the Service for the transmission of any material which is or is intended to be defamatory, offensive, abusive, seditious, obscene or menacing character, to be a hoax call to emergency or other government services or in any other manner which constitutes a violation or infringement of the rights of any other party. |
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3.3 Morodo will use all reasonable endeavours to ensure that the Service is available for use by the Customer at all times during this Agreement, including without limitation to correct as soon as is reasonably practicable any Service fault notified by the Customer,
provided that: |
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(3.3.1) Morodo reserves the right to interrupt a call at any time with a message indicating how much credit is left on the Customer's account; and |
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(3.2.2) The Services will be subject to loss or interruption including without limitation interruption which is attributable to any software, repairs, maintenance, upgrades, modifications, alteration or replacements. |
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3.4 The Customer is responsible for the accuracy of any order placed and for ensuring that Morodo has sufficient information in order to fulfil that order. |
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3.5 Morodo may suspend the Services and/or disconnect the Customer from the Network during any technical failures, modifications or maintenance of the Network. |
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3.6 In order to use the Services the Customer may need to make calls, or send messages, from their mobile device to an access number, or message gateway. These calls, or messages, may be chargeable to the Customer under the Customer tariff agreement with their Mobile Network Operator. |
4. Liability
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4.1 Subject to clause 4.2 the total of Morodo's liabilities arising under or in connection with this Agreement arising from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused shall not exceed the sum paid by the Customer for the Service in respect of which the liability arises. |
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4.2 Notwithstanding anything to the contrary in this Agreement Morodo shall not be liable to the Customer under or in connection with this Agreement for any corruption, destruction or loss of data, loss of goodwill, loss of anticipated savings, loss of contracts, loss of revenue, loss of use, loss of profits, loss of business, for any extra operating costs and expenses or for any indirect or consequential loss whatsoever or howsoever caused, from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused. |
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4.3 Morodo will have no liability to the Customer and the Customer will indemnify, defend and hold harmless Morodo against all loss, damage or expense, including legal fees and costs of litigation, arising from claims of a third party where such claims arise in whole or in part from misuse of the Service by the Customer its employees or agents. |
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4.4 Nothing in this Agreement shall have the effect of excluding or limiting the liability of Morodo for death or personal injury resulting from its negligence or any other liability that may not be excluded or limited as a matter of the law of England. |
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4.5 The laws governing telecommunications in all of the MO-Call Home Countries provide for open competition and accordingly this gives Morodo the right to originate mobile calls for International termination. In addition, the MO-Call World service has been developed for consumers within the MO-Call Home countries to use while outside their home markets.
However, please note that in certain MO-Call World territories, the telecoms market may still be heavily regulated and accordingly restrictions over originating international may exist.
Morodo offers no warranty that your use of our services will not infringe the rights of Telecom Companies or other parties and accepts no responsibility for any unlawful use.
You are responsible for observing any restrictions on such use according to the Telecoms laws applicable in the jurisdiction of its use. |
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4.6 The provisions of this Clause 4 shall continue to apply notwithstanding termination or expiry of this Agreement. |
5. Intellectual Property Rights
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5.1 The intellectual property rights relating to the Products, and Services including without limitation all patents, trademark, copyright and rights of like nature shall remain the property of Morodo and its licensors. |
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5.2 The Customer shall not be entitled to use the name, trademark, trade names or other proprietary identifying mark or symbol of Morodo or its suppliers without Morodo prior written consent. |
6. Termination
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6.1 Morodo shall have the right to terminate this Agreement in whole or part immediately by written notice to the Customer. |
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6.2 Without prejudice to its other rights, Morodo may disconnect, suspend the Service, and or terminate this Agreement by notice in writing to the Customer in the event that: |
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6.2.1 the Customer does not use the Service for 3 consecutive months; |
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6.2.2 Morodo is obliged to comply with an order instruction or request of government, an emergency service organisation or other competent authority; |
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6.2.3 Morodo needs to carry out emergency works to the Service or its network; or |
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6.2.4 if and when the Customer's pre-paid credit is exhausted. |
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6.3 Morodo will terminate the Agreement without prior notice to the Customer if the Customer is suspected, in Morodo's reasonable opinion, of involvement with fraud or attempted fraud or acts which are defamatory, offensive, blasphemous, seditious, abusive, obscene, illegal or menacing character in connection with use of the Service. |
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6.4 The Customer shall have the right to terminate this Agreement in whole or part immediately by written notice to the Customer in the event that: |
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6.4.1 Morodo modifies the charges under clause 4.2 or the conditions under clause, and then the Customer shall have the right to terminate this Agreement in whole or part immediately by written notice to Morodo within fourteen days of the relevant changes; |
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6.4.2 the Customer gives to Morodo not less than 30 days written notice of termination. |
7. Consequences of Termination
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7.1 Termination of the Agreement shall not affect either party's accrued rights or obligations hereunder as at termination or any rights or obligations which are expressly referred to, or made by implication, and shall continue after this Agreement has ended. |
8. Confidentiality
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8.1 During the Initial Term of this Agreement and after termination or expiration of this Agreement for any reason, the Recipient Party: |
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(a) shall not use Confidential Information for a purpose other than the performance of its obligations under this Agreement; |
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(b) shall not disclose Confidential Information to a person except with the prior written consent of the Disclosing Party or in accordance with Clauses 8.2 and 8.3. |
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8.2 During the term of this Agreement, the Recipient Party may disclose Confidential Information to any of its directors, other officers, employees and sub-contractors (a "Recipient") to the extent that disclosure is reasonably necessary for the purposes of this Agreement. Where Morodo is the Recipient Party, it can disclose Confidential Information to any Morodo group company. |
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8.3 The Recipient Party shall ensure that a Recipient is made aware of and complies with the Recipient Party's obligation of confidentiality under this Agreement as if the Recipient was a party to this Agreement. |
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8.4 Clauses 8.1 to 8.3 do not apply to Confidential Information which: |
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(a) at the date of this Agreement, or at any time after that date, becomes publicly known other than by the Recipient Party's or the Recipient's breach of this Agreement; |
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(b) can be shown by the Recipient Party to the Disclosing Party reasonable satisfaction to be known by the Recipient Party before disclosure by the Disclosing Party to the Recipient Party; or |
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(c) is required to be disclosed by law or by the rules of any stock exchange to which the Recipient Party is subject. |
9. Privacy Policy
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9.1 In the case of any Customer who is an individual about whom Morodo processes personal data, the following shall apply: |
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9.1.1 Morodo may process such personal data for the purposes of administering the relationship with the Customer and, as part of its use of such data, may transfer that data to other Morodo companies in other jurisdictions; |
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9.1.2 Morodo may also, from time to time, use such personal data to provide the Customer, whether by telephone or facsimile or electronic mail or other means of communication, with details of promotions, products and services of Morodo may be of
interest to the Customer. The Customer may opt-out from receiving this information by writing to Morodo; |
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9.1.3 Morodo may use credit scoring or carry out a credit check when considering the Customer's application and also when operating account(s) or making credit decisions or otherwise providing the Services or Goods; |
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9.1.4 In the same circumstances, Morodo may search the files of credit reference agencies, who may keep a record of the search and the Customer authorises Morodo to do so. |
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9.1.5 Information about the Customer's debts owed to Morodo may be disclosed to credit reference agencies where the Customer has fallen behind with its payments; the amount owed is not in dispute; the Customer has not made proposals satisfactory to Morodo for repayment of its debt following formal demand; and the Customer has been given at least 28 days' notice of
its intention to disclose; |
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9.1.6 Morodo may process customer information for the Services for the prevention or detection of fraud, and to deal with
customer enquiries; |
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9.1.7 If the Morodo account is a joint account held by two or more persons, Morodo may share information about the Customer and the conduct of the joint Morodo account with the other person(s). Morodo may share information about the Customer and the conduct of the Morodo account with any person to whom Morodo transfers its rights or obligations under this Agreement; |
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9.1.8 Morodo may share Customer's personal information with other companies, however, those companies can only process this
information according to the instructions Morodo gives them; and |
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9.1.9 Morodo may receive requests from the producers of directories, and following this Morodo acting in accordance with the relevant data protection legislation will notify its Customers and give them the full opportunity to object to their data being disclosed. |
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9.2 By entering into this Agreement, the Customer expressly agrees to the use of personal data for the purposes described in Clause
9.1. |
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9.3 To help improve Morodos service and in the interests of security it may monitor and/or record the Customers telephone calls with it. |
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9.4 The Customer undertakes promptly to provide Morodo free of charge with all information and co-operation that Morodo may
reasonably require to enable it to proceed without interruption with the performance of its obligations under this Agreement. |
10. New Terms and Conditions
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Morodo reserves the right to make changes to these Terms and Conditions either by giving the customer 7 days notice (including by notice using the website below) or without notice if there is a valid reason. A valid reason shall include an increase in interconnection, carrier or related costs payable by Morodo. These changes to the Terms and Conditions shall be displayed on the Morodo website at www.mo-call.com and can be requested by writing to or phoning Morodo customer service department. |
11. Force Majeure
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Morodo shall not be liable for any delay or failure to perform its obligations under the Agreement if such failure results from circumstances beyond Morodo's reasonable control. |
12. General
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2.1 Any failure to exercise or delay in exercising a right or remedy provided by this Agreement, or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. |
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12.2 Morodo may transfer, assign or delegate any or all of its rights under this Agreement to any party and it may assign any or all installation and repair works of the Product to a Morodo appointed supplier or subcontractor. The Customer may not assign or
transfer or delegate, any of its rights or obligations under this Agreement without the prior written permission of Morodo. |
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12.3 A notice under or in connection with this Agreement shall be in writing and may be delivered personally or sent by first class post to the address of the relevant party set out above, or to such other address as the relevant party may specify by notice to the other in accordance with this Clause 12.3. |
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12.4 Morodo may vary these Terms and Conditions as a direct result of new legislation, statutory instruments, government
regulations or licences, or similar events, provided that such variation shall be limited to the extent deemed by Morodo to be necessary for these purposes and following written notification to the Customer. |
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12.5 This agreement is made between the parties for the benefit of the parties and is not intended to be for the benefit of or enforceable by any other person, and neither party can declare itself a trustee of the rights under this agreement for the benefit of any such person. The provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply to this Agreement. |
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12.6 1f any provision set out herein shall be held by any court to be invalid or unenforceable, the validity or enforceability of such provision shall not affect the other provisions or Clauses of the Agreement which shall continue in full force and effect. |
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12.7 All Clauses in the Agreement which are either expressed to survive or which are by implication intended to survive termination or expiry of the Agreement will continue to survive notwithstanding termination or expiry of the Agreement. |
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12.8 The headings in this Agreement are inserted for convenience only and shall not affect the construction of this Agreement. |
13. Entire Agreement
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This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior understanding and representations, whether written or oral (whether innocently or negligently) upon which the other party relied in entering into this Agreement, except for any fraudulent misrepresentations. |
14. Governing Law
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14.1 A person who is not a party to this Agreement has no right under to enforce any Terms or Conditions of this Agreement. |
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14.2 This Agreement shall be governed and construed according to the laws of England and any disputes or proceedings shall be subject to the non-exclusive jurisdiction of the English courts. |
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If you have any questions regarding Morodo's Terms & Conditions of Service please contact: service@mo-call.com |
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