Terms and Conditions

1. Introduction

  1. These website terms of use apply to the entire contents of the websites under the domain names www.emailaprisoner.com and www.emailaprisoner.co.uk each referred to as the "Website" and to any correspondence by e-mail between us and you. Please read these terms of use carefully before using the Website. Using the Website indicates that you accept these terms of use regardless of whether or not you choose to register with us. If you do not accept these terms of use, do not use the Website. These website terms of use are issued by Unilink Technology Services Limited (registered in England and Wales, registration number: 06406028) whose registered office is at Europoint House, 5 Lavington Street, London, SE1 0NZ ("us" "we" "our").
  2. You may access most areas of the Website without registering your details with us. Certain areas and services of the Website are only open to you if you register.
  3. By accessing any part of the Website, you shall be deemed to have accepted these terms of use in full. If you do not accept these terms of use in full, you must leave the Website immediately.
  4. We may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the then current terms of use, because they are binding to you. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

2. Use of the website

  1. Prices appearing on the Website are not offers either from us or any applicable third parties. They are an invitation for you to make an offer. Please read the terms and conditions of the relevant product or service before entering into a transaction on the Website.
  2. You are permitted to print and download extracts from the Website for your own use on the following basis:
    1. No documents or related graphics on the Website are modified in any way;
    2. No graphics on the Website are used separately from accompanying text;
    3. and Our copyright and trade mark notices and this permission notice appear in all copies.
  3. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms of use, any use of extracts from the Website other than in accordance with paragraph 2b above for any purpose is prohibited. If you breach any of the terms in these terms of use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
  4. Subject to paragraph 2b, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
  5. Any rights not expressly granted in these terms of use are reserved.

3. Website access

  1. While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
  2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4. Visitor material and conduct

  1. Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
  2. You are prohibited from posting or transmitting to or from the Website any material:
    1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
    2. For which you have not obtained all necessary licences and/or approvals; or
    3. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or
    4. Which, is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
  3. You may not misuse the Website (including, without limitation, by hacking).
  4. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 4b1-4 or paragraph 4c.

5. Message pricing - delivery & replies

  1. Whilst we take care to ensure every message sent is delivered there may be instances in which the sending and delivery of a given message may not be possible due to factors within a prison establishment which are outside of our control.
  2. Messages will not be delivered if your account does not have sufficient funds to send each message.
  3. The current price is subject to change without notice, however, any price changes will clearly be displayed on our website.
  4. We shall not be held responsible for messages withheld from delivery by a given prison. This maybe for reason outlined in 4b or for reasons specific to the establishment/the prison service.
  5. Individual prisons and/or the prison service retain the right to refuse registered users access to this service without notice and without explanation.
  6. It is the responsibility of the account holder to change the location of the recipient if they are relocated.
  7. If you have been notified by the court/police/prison that you are prohibited from contacting a specific recipient any correspondence sent via the emailaprisoner service will not be delivered and you will be charged.

6. Account Management

  1. Any account that is not used to send a message for a period of 6 months may be deleted, any credit that may remain on the account will be removed without refund.
  2. Messages that are sent using the Email a Prisoner website will be available for the account owner to review in the sent messages section of the website for a period of 13 months from the date the message is sent after which time the message will be removed from your account.

7. Links to and from other websites

  1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and we shall have no liability to you for any failure on the part of the operator of the linked website or any of its suppliers to fulfil any obligation owed to you or for any defective or deficient product or service any of them might supply to you.
  2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
    1. You do not remove, distort or otherwise alter the size or appearance of our logo;
    2. You do not create a frame or any other browser or border environment around the Website;
    3. You do not in any way imply that we are endorsing any products or services other than its own;
    4. You do not misrepresent your relationship with us nor present any other false information about us;
    5. You do not otherwise use any of our trademarks displayed on the Website without our express written permission;
    6. You do not link from a website that is not owned by you; and
    7. Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  3. We expressly reserve the right to revoke the right granted in paragraph 6b for breach of these terms of use and to take any action we deem appropriate.
  4. You shall fully indemnify us for any loss or damage we suffer or any of our group companies suffer for breach of paragraph 6b.

8. Registration

  1. Each registration is for a single user only. The single user may be private individual or an organisation. We do not permit you to share your user name and password with any other person nor with multiple users.
  2. Responsibility for the security of any passwords issued rests with you or your organisation.

9. Disclaimer

  1. While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
  2. Other than any service you decide to accept on separate terms and conditions from us, the material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms of use might have effect in relation to the Website.

10. Liability

  1. We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
  2. Nothing in these terms of use shall exclude or limit our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
  3. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11. Data protection

  1. For the purposes of data protection legislation within the United Kingdom you hereby consent to our processing of "personal data" (as defined by the Data Protection Act 1998) by submission of your personal information on the Website and we agree that we will treat the personal data as confidential.
  2. You acknowledge and agree to be bound by the terms of the Privacy Policy.

12. Governing law and jurisdiction

  1. These terms of use shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts.

13. Miscellaneous

  1. If any part of these terms of use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms of use will not be affected.
  2. These terms of use set out the whole of our agreement relating to use of and access to the Website. They may not be varied by you at any time. Nothing said by any person on our behalf should be understood as a variation of these terms of use or an authorised representation about the Website or the nature and quality of items displayed thereon. We shall have no liability for any such representation being untrue or misleading.

14. Refund Policy

  1. Unilink Technology Services Ltd does not store credit card data.
  2. Our card payment gateway is Realex and all transactions are processed by them in accordance with their privacy and legal policy. Realex are PCI 3.2 compliant.
  3. You must notify Unilink Technology Services Ltd within thirty (30) days of the date on your credit or debit card statement. If you dispute any Unilink Technology Services Ltd charges on that statement or such dispute will be deemed waived.
  4. Should we receive a chargeback from your bank we will terminate your account immediately. Your recipient will be excluded from receiving any communication/funds through our services.
  5. We are unable to offer any refund of purchased credit, to avoid disappointment we urge you NOT to add more credit to your account than you will use. However, this does not affect your statutory rights.

15. Attachment Service

  1. We are currently running a trial of an attachment service in certain prisons only.
  2. Images containing inappropriate material will be rejected and you will not be refunded.
  3. Images will be printed along with your message and may be monochrome only depending on the equipment available at the establishment.
  4. We reserve the right to change the pricing of attachments at any time.
  5. If you have been notified by the court/police/prison that you are prohibited from contacting a specific recipient any correspondence sent via the emailaprisoner service will not be delivered and you will be charged.

16. neatPhone

General Terms

The individual registering and the forwarding telephone number must be the registered account holder.

All applicants must be over the age of 18 years old.

Usage of neatPhone services will be charge according to the current price list as made available on the phone charges. Cost of call calculation will be based on the length of the call minimum charge 3 pence and then rounded up to the nearest penny. 

Any changes to the pricing shall become effective immediately upon posting to the website.

neatPhone accepts no liability for any charges assessed by a third party provider when used in conjunction with neatPhone services. As soon as your call is connected to a phone number provided by neatPhone, the call may be charged regardless of whether you are connected to the placer of the call.

Any numbers issued by neatPhone will be automatically disconnected after 2 months of non-use. In this case, you would need to apply for a new neatPhone number at the normal cost. 

This service is only available for UK standard networks.

Please ensure your account is in credit as your recipient will still be charged by the prison. 

Measuring Usage

You agree that neatPhone records are conclusive evidence of your use of the site and service. Furthermore, you acknowledge that these records will be used to calculate charges incurred.

You agree to be held fully responsible for all use of and fees related to your account, and accept full liability and responsibility for the actions of anyone who uses the site or service via your account, whether authorised or unauthorised, except when unauthorised use is solely attributed to an act or omission on the part of neatPhone.

You agree that neatPhone should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defence of any such claims, including legal fees, unless such claims are based on our wilful misconduct or gross negligence.

Liability & Indemnification

You agree to indemnify neatPhone and its agents, and hold them harmless from any claims or damages relating to this agreement. You agree not to hold neatPhone or its agents liable for any loss of business, contracts, savings or profits, or any other damages or losses (direct or consequential) to the extent that neatphone liability can be limited by law.

You are expressly prohibited from using the Service for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services.

neatPhone, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to neatPhone personnel.

You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless neatPhone against any and all liability for any such use. If neatPhone, in its sole discretion, believes that you have violated the aforementioned restrictions, neatPhone may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

You are expressly prohibited from any use of the Service or any other action that, in neatPhone sole discretion, is deemed to present a risk to the network integrity or security of neatPhone or its vendors, whether directly or indirectly. neatPhone, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.

The term message/s will also apply to neatPhone calls.