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  Terms & Conditions
I. General

This offer is valid for all commercial and residential CallKey accounts. Customer must be at least 18 years of age, or maintain an account under the direction and responsibility of their legal parent or guardian. It is CallKey’s current intention to initiate these Loyalty and Referral Programmes to earn Reward Points as of 1st January, 2005, based upon its Customer’s purchases of CallKey telephony and hardware products (collectively the “CallKey Products”) from 1st January, 2005 onwards. Reward Points will thereafter continue to accumulate, based on the usage and referral patterns of the Customer, and they may be redeemed at any time the Customer chooses while the Customer’s account remains in “Good Standing” with CallKey. A Customer account in Good Standing is one which is active and in which no charges are more than 30 days past due.

II. Loyalty Reward Points’, and Referral Reward Points’, Programmes

The CallKey shared Reward Points’ Programmes includes the Loyalty Reward Points’ Programme and the Referral Reward Points’ Programme; as follows:
1. Loyalty Reward Points’ Programme
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Each Loyalty programme has four levels of participation:
Topaz, Sapphire, Emerald & Diamond
and the Customer’s level in both programmes is based upon the longevity of the Customer’s account with CallKey and their level of monthly expenditures. New Customers are automatically enrolled in the Loyalty Reward Programme and begin to earn points immediately for their purchase of any form of CallKey Products. There is no minimum use, or purchase, requirement; however, the longer one remains a Customer and the more one purchases CallKey Products, the higher one’s “Status level” and the more Reward Points one will earn. See the Loyalty Reward Points’ Programme Tables (Click Here) for a complete description of such CallKey Product purchase requirements; and

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Each Customer enrolling in the Loyalty Reward Points’ Programme will be assigned a unique Customer “Code Number”.

2. Referral Reward Points’ Programme
 

In order for CallKey to enrol new referred Customers (the “Referred Customer”) in the Referral Reward Points’ Program, the Referred Customer must submit their completed Enrolment application on-line, including the Customer <E-mail address> of the person or entity (the “Sponsor”) that referred them to CallKey. Such Sponsor’s E-mail address will enable CallKey to acknowledge and credit the appropriate Reward Points to the relevant Customers. More specifically:

 
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Every Customer may also earn Reward Points for referring or “Sponsoring” new Customers to CallKey. Customers who refer new Customers are called “Sponsors”.
For each new Customer referred to CallKey by a Sponsor, the Sponsor will earn Referral Points on an on-going basis, based upon:

 
a) the amount of each referred new Customer’s expenditures; and
b)

the Sponsor’s level (Topaz, Sapphire, Emerald or Diamond). Sponsors continue to earn Referral Reward Points for each Referred Customer for as long as that Referred Customer remains in Good Standing; and

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Referral Reward Points begin accruing to the Sponsor when:

 
a)

the Referred Customer enrols in CallKey and enters the Sponsor’s E-mail address in their on-line Enrolment application;

b) the Referred Customer pays their first CallKey monthly bill; and
c)

the avoidance of doubt, it such Referee Sponsor sponsors another new Customer, the original Sponsor does not accrue any Reward Points on such subsequent new referral, as only the new Sponsor is entitled to such new Customer Referral Reward Points.

  See the Referral Reward Programmes Tables (Click Here) for a complete description.
 

Participating Customers are presumed, unless CallKey is otherwise directed, to authorize CallKey to report their Reward Points’ activity and status directly to them and only to them. After they Login, Customers may view their accrued Reward points on-line at any time when they open up their “Call Manager” screen.

III. Redeeming Reward Points

Customers may request that any, or all, Reward Points accrued by them may be applied against any “CallKey Product Purchases”, at any time, while they remain a Customer in Good Standing. CallKey Product Purchases are defined as the purchase of any CallKey Products. Such CallKey Product Purchases and their related payments may be made either in full by use of their accrued Reward Points, or in part through their accrued Reward Points. Accrued Reward Points are redeemable at any time during which Customer maintains an active and current account in Good Standing with CallKey. Upon closing his or her CallKey account, such Customer will forfeit any and all accrued and unused Reward Points.

Reward Points are NOT transferable to any other Customer, person, or entity, and they have no cash value. Reward Points may only be accrued according to the guidelines stated in the Loyalty Reward’ and Referral Reward’ Tables, and they may only be redeemed by a Customer who has earned them in connection with Customer’s purchase of CallKey Products.

IV. Governing Law

To the extent permissible by local law or regulation, these Terms and Conditions shall be governed by and construed in accordance with English law. CallKey and each Customer submit to the non-exclusive jurisdiction of the English courts to resolve any disputes that may arise out of them. Any provision of these Terms and Conditions declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected. If there is any conflict in meaning between the English language version of these Terms and Conditions and any version or translation of these Terms and Conditions in any other language, the English language version shall prevail.

 V. Amendment of the Reward Points’ Programmes

CallKey reserves the right to amend the Terms and Conditions of the Reward Points’ Programmes at any time, in accordance with the applicable law, either with, or without, prior notice to Customers. However, all Reward Points issued prior to any such Programmes’ amendments will be credited to the Customer’s account and they will be available for immediate redemption.

CallKey further reserves the right to withdraw this offer from residents of any jurisdiction in which either the shared Reward Points’ Programmes, or any of the Terms and Conditions thereof, are not allowable by such jurisdiction’s law.

Any Customer, who is found to violate the Terms and Conditions of his or her CallKey account in order to use CallKey Products for illegal purposes, or whose account is in default for a period exceeding 30 days, will immediately forfeit any and all unredeemed Reward Points previously accrued by such Customer.