Terms And Conditions

 

1.1 These terms and conditions (“Conditions”) shall govern the agreement between The dialer360 Partnership (“us” or “we”) and the individual or organisation applying for the provision of the Goods

or Services (“you”).

1.2 Our office and correspondence address is 83 Ducie Street, Manchester, M1 2JQ.

1.3 You can contact us by email on support@dialer360.com or by telephone on 0330 010 4331

1.4 We explain in the headings what each clause covers. These headings are for guidance

only and are not intended to be legally binding.

1.5 These Conditions take precedence if inconsistent with the material on our Website.

1.6 The following have particular meanings in these Conditions:

  • “Agreement” means the General Terms and the Specific Terms applicable to the

Services which you have chosen together with any other documents referred to herein;

  • “Cancellation Period” means the period in which You may terminate the contract

without incurring obligations and/or associated charges as set out under statute;

  • “Data” includes information, documents, text, software, music, sound, photography,

messages, and other material of any kind in any form;

  • “Goods” means the goods described on the Website and which we agree to sell to you;
  • “Internet” means the global data network comprising interconnected networks to

which we are connected and provide access to you via the Services;

  • “Minimum Period” means the charges and fees levied by The dialer360 Partnership to You for the

supply of Services for an initial period of time starting from the Start Date for the

relevant Service. These charges apply regardless of whether you terminate

the Agreement prior to the expiration of that period and they will continue to accrue

and be owed by You for the remainder of the period;

  • “Personal Data” means Data about any identified or identifiable living person;
  • “Regulations” means the Consumer Protection (Distance Selling) Regulations 2000;
  • “Services” means the services described on the Website (including access to the

Website) and which we agree to provide to you;

  • “Start Date” means when either (i) We have sent you confirmation by email that we

have activated the Service(s) or (ii) when You first start to use the Service(s),

whichever of these happens first; and

  • “Website” means our web presence at www.dialer360.com and other locations we

advertise from time to time.

2 Changes to these conditions

 

2.1 We reserve the right on giving prior notice on the Website to alter these Conditions at any

time.

2.2 Any renewal of the Services will in any event be subject to our then current Conditions.

3 Your right to cancel

3.1 This Agreement will not start until We have completed a number of checks including (but

not limited to) geographical coverage, credit, telephone line, internet connection and an activation check. If following our checks, We are satisfied that we are able to provide the Service(s) the

Agreement will commence on the Start Date, although Our obligations will be subject to

clause 5. However, Your obligations to us regarding any Goods will start the day you receive

that Goods pursuant to clause 6.

3.2 For the purposes of the Regulations:

3.2.1 The supplier shall be The dialer360 Partnership;

3.2.2 The address of the supplier shall be the correspondence address as set out in clause 1.2

above;

3.2.3 Prices are updated periodically and cannot be guaranteed for any period of time whilst

every effort is made to ensure prices are correct at the point at which the consumer places an

order.

3.2.4 Any complaints should be sent in writing to the supplier’s correspondence address.

3.3 A consumer will, subject to any exceptions or exclusions set out in the Regulations, be

entitled to cancel the Agreement by serving a written notice of cancellation on us at any time

during the following Cancellation Periods:

3.3.1 In the case of Goods, within seven working days after the day on which the consumer

receives the Goods;

3.3.2 In the case of Services, within seven working days after the date you enter into a

contract with us.

3.4 In the event of cancellation by the consumer Goods should be returned to the supplier’s

correspondence address. The consumer will be liable for the costs of returning such Goods or

the costs of the supplier in recovering such Goods unless the consumer has a right to reject

the Goods under a term of these Conditions or under statutory right (including any right

under the Unfair Terms in Consumer Contract Regulations).

3.5 The consumer will not be entitled to cancel any contract for the supply of Services once

the performance of the Services has begun.

3.6 Please note that we begin to perform certain Services, such as provision telephone

numbers or setting up dedicated hosted servers, within 24 hours after you place your order.

4 Security

4.1 You must:

4.1.1 keep your username and password secure (and we may change these at any time for

good reason);

4.1.2 if requested use your username and password when giving instructions (and we are

authorised to comply with instructions containing your username and password);

4.1.3 take reasonable steps in respect of matters in your control to minimize any risk of

security breaches in connection with the Services;

4.1.4 notify us of any unauthorised access to your account which you believe may affect the

overall security of our systems.

5 Services

5.1 We will supply the Services with reasonable skill and care.

5.2 However, we do not guarantee:

5.2.1 that the Services will be uninterrupted, secure or error-free; or

5.2.2 that any Data generated, stored, transmitted or used via or in connection with the

Services will be complete, accurate, secure, up to date, received or delivered correctly or at

all.

5.3 We do not provide a back-up of your Data or guarantee the integrity of your Data;

however, we will use our reasonable endeavours to provide copies of Data for disaster

recovery purposes.

5.4 We may have to suspend the Services for repair, maintenance or improvement without

prior notice. If so, we will restore them as quickly as is reasonably practicable.

5.5 Specific Conditions on the Provision of Telephony Services and Emergency Calls

By purchasing our Telephony Services (VoIP) you confirm that you understand that our

services:

5.5.1 may not offer all of the features you may expect from a conventional phone line;

5.5.2 may sometimes be unavailable as a result of things over which we have no control, for

example, the weather, power disruptions and failures of your internet service provider (ISP)

or broadband connection and you understand that in such circumstances all services

(including 999/112 public emergency call services) will also be unavailable;

5.5.3 Where you use The dialer360 Partnership VoIP Goods and Services not in conjunction with The dialer360 Partnership broadband Goods and Services (this typically being a router and broadband connection), there may be a greater likelihood of connectivity problems. These problems may affect

quality of service, as well as reliability and robustness of service available via your VoIP package.

5.5.4 Connectivity to the public emergency services is subject to 5.5.2 above and, the phone

number and location details will be provided only to the extent that is technically feasible. As

a result, you may have to provide your location information and phone number verbally to the

operator.

5.5.5 Where you use your The dialer360 Partnership VoIP service outside of mainland England, Wales,

Scotland and Northern Ireland, you may not be connected to the domestic emergency services

upon dialling the appropriate emergency number.

5.5.6 For each VoIP extension or trunk that you utilise, you must register with Us the physical location where you will be using the Service. Your initial location will be registered as a part of subscribing to The dialer360 Partnership Services. It is your responsibility to maintain

the accuracy of your location address via email to support@dialer360.com if there are any

changes. If you do not update us with changes, it may or may not be possible for emergency

operators and authorities to identify your location and phone number when you dial 999/112.

When you dial 999/112 you will need to state your location and phone number promptly and

clearly, as emergency operators and authorities may not have this information.

5.5.7 Emergency operators and authorities may or may not be able to identify your phone

number in order to call You back if the call is unable to be completed, is dropped or

disconnected, or if You are unable to speak to tell them your phone number and/or if the

Service is not operational for any reason. Emergency operators and authorities may also not

be able to hold your line open in the event that You hang up.

5.5.8 You agree to inform potential users of the Services of the above limitations and You

understand and accept that you should always have an alternative means of accessing

999/112 emergency services.

5.5.9 If The dialer360 Partnership suspends or terminates the Service You may NOT be able to dial

999/112. In the event that You do not have any remaining credit on your The dialer360 Partnership account, You will still be able to make 999/112 calls.

6. Sale of Goods

6.1. Delivery Dates & Payment

6.1.1. Dates for Delivery and installation are estimated only and cannot be guaranteed.

6.1.2 Payment for Goods supplied by us is pursuant to clause 15.

6.2. Risk and Title to Goods

6.2.1 Risk shall pass to you on delivery, but the Goods shall remain our property until such

time as full payment has been received.

6.2.2 You must inspect the Goods immediately upon receipt and raise a return under our

returns management process by contacting technical support via email or telephone.

Damaged or faulty Goods cannot be returned without a valid returns reference number.

6.3. Delivery

Once we notify you that the Goods are ready for delivery or tending delivery of the Goods

you shall agree to accept delivery of the Goods forthwith. If you fail to give proper

instructions (a correct location being the minimum proper instructions) or to accept delivery

as aforesaid you shall be deemed liable for all costs incurred by us as a result of such failure

which shall become immediately due and payable on demand but such liability shall not

affect your obligation to purchase the Goods or our right to damages for breach of such

obligation.

6.4. Damage to Goods in transit

6.4.1 We shall have no liability in respect of Goods lost or damaged in transit unless and until

you note such loss or damage on the delivery receipt and gives notice thereof to us and the

carrier within five working days of delivery or shorter period as may be required by the

carrier’s conditions of carriage.

6.4.2 Our liability in respect of Goods lost or damaged in transit shall be limited to replacing

such Goods.

6.5. Guarantee and Exclusion of Liability for Goods

6.5.1 Goods supplied by us typically carry a 1-year guarantee provided by the manufacturer,

unless otherwise stated.

6.5.2 You shall not be entitled to claim under the guarantee unless the Goods have at all times

been stored and used in a proper manner in proper conditions in accordance with any

instructions supplied as to their use and with normal practices relating to Goods of the type in

question.

6.5.3 You shall give immediate notice to us of any defects in the Goods falling within the

guarantee.

6.5.4 Our liability under the guarantee is limited to the replacement of the defective item or to

the repair of any defect caused by defective workmanship. We shall not be liable for any loss

of profits or damages or expenses occasioned by such defects.

6.5.5 Save as aforesaid we give no guarantee as to the Goods but we will use our best

endeavours to secure for you the benefit of any guarantee, warranty or assurance provided by

the manufacturer of the Goods.

6.5.6 We shall have no further liability in respect of the Goods or any other defects therein

(including liability for negligence) and all conditions and warranties whether express or

implied by law as to the quality of the Goods or their fitness for a particular purpose or as to

the design, workmanship and manufacture thereof and the materials used therein or as to the

validity of patents or licences or otherwise in any way are hereby expressly excluded except

to the extent that this paragraph may be held not to satisfy any requirement of reasonableness

imposed by the Unfair Contract Terms Act 1977 or any statutory modification or re-enactment

thereof.

6.5.7 We shall have no liability for any information or advice given in connection with the

supply of Goods.

6.5.8 Except to the extent that this paragraph may be held not to satisfy any requirement of

reasonableness imposed by the Unfair Contract Terms Act 1977 or any statutory modification

or re-enactment thereof we shall not be responsible for any injury, damage or loss caused

directly or indirectly by the Goods whether as a result of their operation or use or otherwise

and whether as a result of any defect therein or otherwise and the customer shall indemnify

the Company against any claim ensuing from any such injury damage or loss.

6.5.9 Without prejudice to the generality of the foregoing we shall not be liable for any

consequential loss including but not limited to loss of profits.

6.7. Sale or Return

Title to any Goods supplied on a ‘Sale or Return’ basis shall pass to the customer in

accordance with Rule 4, Section 18 of the Sale of Goods Act 1979 but the risk in any such

Goods shall pass to the customer in accordance with clause 6.2 hereof. You shall be deemed

to have purchased any such Goods unless they are received by us within 30 days after

delivery to you and at the expiration of such period full payment will become immediately

due.

6.8. Returns

6.8.1 Where you receive Goods as a Consumer, pursuant to the Distance Selling Regulations,

you are required to take reasonable care of Goods you intend to return whilst in your

possession.

6.8.2 Where you receive Goods not as a consumer (that is, within the course of a trade or

business) no Goods supplied by us shall be accepted for replacement without our prior

consent. You must take reasonable care of such Goods whilst in your possession. This does

not affect your statutory rights.

6.9. Overseas Customers

Unless otherwise agreed with us in writing you shall be responsible for all duties, levies,

imposts, taxes or other liabilities arising on the exportation of the Goods from the United

Kingdom and importation of the Goods overseas.

7. Complaints and Dispute Resolution

7.1 The dialer360 Partnership are committed to providing excellent service and endeavour to deal with any complaint fairly and within a reasonable period of time. However, should a customer remain

dissatisfied with any aspect of our service, they are welcomed to contact us whereupon we

will do our utmost to resolve the problem as quickly as is reasonably practicable. We operate

a complaints procedure to help ensure that any complaints are dealt with efficiently and to

your satisfaction.

If you have a problem with the way we have sold, provisioned or delivered the service to you,

you should:

  • In the first instance, telephone us on 0330 010 4331 or write via email to

support@dialer360.com . We aim to respond to you within 24 hours. Please ensure

you retain the reference number for your conversation. Our customer service staff will

do their utmost to successfully resolve any problems at that point. If, however, your

problem cannot be resolved during the phone call, we will agree a course of action

with you. If you remain unhappy with the way in which your complaint has been

handed in the first instance, you may contact the Customer Service Manager via

support@dialer360.com mentioning your case reference number. They will

respond and aim to resolve your complaint within 48 hours.

  • If the Customer Service Manager is unable to resolve the issue to your satisfaction,

you may escalate your concern to the Managing Partner by emailing

support@dialer360.com. In this case, the Managing Partner will aim to respond to

you within 48 hours.

  • Please note that in all cases, we ask that you mention your incident reference number

in all correspondence, and that you work with our management team to resolve your

concern.

Your obligations

8.1 You must comply with our reasonable instructions and requests concerning the Services.

8.2 You must provide us with up to date contact details of one or two named representatives

with whom we are authorised to deal (including email addresses) and promptly notify us of

any changes. We rely on this information for various reasons concerning the Services.

8.3 You are responsible for all persons who use your username and password to access the

Services, whether authorised or not, unless acting on our behalf.

8.4 There is a risk that Data generated, stored, transmitted or used via or in connection with

the Services may be irretrievably damaged or lost if there is a fault or on suspension or

termination. You must frequently back-up all such Data that you wish to save.

8.5 You shall indemnify and hold The dialer360 Partnership harmless from all costs, expenses, claims or

actions arising from fraudulent calls of any nature which may comprise a portion of the Services to

the extent that the party claiming the call(s) in question to be fraudulent is (or had been at the time of the call) an End User of the Services through You or an End User of the Service through

Your distribution channels. You shall not be excused from paying The dialer360 Partnership for

the Services provided to You or any portion thereof on the basis that fraudulent calls

comprised a corresponding portion of the Services. In the event The dialer360 Partnership discovers fraudulent calls being made (or reasonably believes fraudulent calls are being made), nothing contained herein shall prohibit The dialer360 Partnership from taking immediate action (without notice to You) that is reasonably necessary to prevent such fraudulent calls from taking place, including without limitation, denying Services to You or terminating the Service to or from specific locations. The dialer360 Partnership shall not, however, have any obligation to monitor the Service or take any action to detect fraudulent calls.

8.6 The dialer360 Partnership shall be entitled at any time to request, and You shall be obliged to promptly provide such information as The dialer360 Partnership may reasonably require in order to establish to its reasonable satisfaction that You are discharging your obligations under this Agreement. The dialer360 Partnership shall be entitled to pass such information (or any part thereof) or any knowledge it may have of Yours or any suspected illegal or criminal activity to any Regulation Authority whether the information is requested by them or not.

8.7 You shall throughout the term of this Agreement fully indemnify and keep The dialer360 Partnership and all members servants officers and agents of The dialer360 Partnership fully and effectively indemnified against all liabilities damages expenses and costs to and actions proceedings claims and demands whatsoever by third parties arising directly or indirectly out of or in consequence of any breach of this Agreement by You.

8.8 You will comply (and will ensure that Your officers, employees, contractors and agents comply) at all times with any and all regulations relating to the use of any products or services provided by The dialer360 Partnership.

Restrictions

9.1 You must refrain from transferring any illegal material or engage in unlawful activities

via your use of the Services.

9.2 You must refrain from sending menacing, offensive, defamatory, obscene, indecent or

abusive messages or telephone calls whilst using the Services.

9.3 You must not use or permit the usage of the Services in a manner that is inconsistent with

any and all applicable laws and regulations.

9.4 You must not make available or upload Data via your use of the Services that contain a

virus, worm, trojan or other malicious Data or download any disabling or harmful devices.

9.5 You must not use the Services to send bulk unsolicited commercial emails or telephone

calls.

9.6 You warrant that your use of the Services will not infringe any third party intellectual

property or other rights.

10. Data

10.1 We may access, copy, preserve, disclose, remove, suspend or delete any Data:

10.1.1 if we are required to do so by applicable law or competent authority; or

10.1.2 if it is otherwise permitted under these Conditions; or

10.1.3 if such Data is prohibited under these Conditions.

11. Personal Data

11.1 We will process your Personal Data only in compliance with our privacy policy

11.2 You consent to such processing.

11.2. 1. Data Retention

All Personal Data is retained and otherwise handled in a manner fully compliant with

principle 5 of the Data Protection Act 1998.

11.2.2 Personal Data which is retained by The dialer360 Partnership

11.2.2.1 In relation to VoIP Services provided by The dialer360 Partnership, We store voicemail, call

recordings, call data records, invite logs, invoices and received faxes.

11.2.3 Period of retention of Personal Data

11.2.3.1 Call records will be retained for 12 months – voicemail, voicemail for old and new

customers, received faxes and call recordings will all be kept for a period of 6 months.

12. Limitation of liability

12.1 Nothing in these Conditions in any way excludes or restricts our liability for negligence

causing death or personal injury or for fraudulent misrepresentation or for anything which

may not legally be restricted. Nor does it affect consumers’ statutory rights.

12.2 Our liability in contract, tort (including negligence) or otherwise in connection with

these Conditions for any one event or a series of events is limited to the price of the Goods, or

75% of the payment we received from you for the Services in the 6 months before the

event(s) complained of.

12.3 In no event (including our own negligence), and even if we have been advised of the

possibility of such losses, will we be liable for any:

12.3.1 economic loss (including, without limitation, loss of revenue, profit, contract, business

or anticipated savings);

12.3.2 loss of goodwill or reputation;

12.3.3 special, indirect or consequential loss; or

12.3.4 damage to or loss of Data.

12.4 We have no liability for goods and services provided by third parties.

12.5 To the extent allowed by law, we exclude all conditions, terms, representations and

warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in

these Conditions including, without limit, the implied warranties of satisfactory quality and

fitness for a particular purpose. Consumers’ statutory rights are unaffected.

13. Indemnity

13.1 You will indemnify us against all claims, damages, liabilities, costs (including

reasonable legal fees) directly or indirectly related to use of the Goods, your use of the

Services or breach by you of these Conditions.

14. Payment

14.1 You must pay the fees (together with VAT and any applicable taxes) when you order

Goods or order or renew any Services.

14.1.1 All call rates shall be rounded up to the fraction of the penny

14.2 Payment for Goods may be made:

14.2.1 by Direct Debit, cheque, BACS, credit card or debit card; and

14.2.2 in advance or, if we agree to credit terms, immediately on receipt of invoice.

14.3 Payment for the Services may be made:

14.3.1 monthly or annually, by Direct Debit, credit card or debit card; and

14.3.2 annually by Direct Debit, cheque, BACS, credit card or debit card; and

14.3.3 in advance or, if we agree to credit terms, within 7 days of our invoice.

14.4 Payment must be made without deduction or set-off.

14.5 All fees are non refundable unless otherwise stated.

14.6 All fees remain payable where we suspend the Services in accordance with these

Conditions.

14.7 We may impose a credit limit on your account and/or require a deposit as security for

paying bills.

14.8 For the avoidance of doubt, Services purchased which are subject to advanced payment

and are not cancelled within the Cancellation Period are not refundable and associated

monies shall be used by Us to discharge our administrative expenses arising out of the

termination of the Agreement.

14.9 Non-payment of services:

14.9.1. The dialer360 Partnership reserves the right to stop your Services and delete your account if you fail to pay for any such Services within the required time under these Conditions.

14.9.2. When you purchase Services from us you will receive a welcome email and an

accompanying invoice on that date (the ‘Purchase Date’). Payment for all purchased Services

is due within 14 calendar days of the Purchase Date. Like all Communications Providers, we

appreciate prompt payment from our customers.

14.9.3. If you do not make payment within that time, the payment will be classed as overdue.

Once the payment is overdue by 2 calendar days, we will email you (any emails sent will be

to your nominated email account) notifying you of this fact and inviting you to make

payment as soon as possible. From then on, we will email you with payment reminders every

6 calendar days unless and until payment is made. You will also receive written notification

of late payment by letter (which shall be sent to the postal address you registered when

signing up for our Services) within 7 calendar days of payment being overdue.

14.9.4. If payment is still not received within 14 calendar days of the Purchase Date then your

account and the Services will be placed on hold and will not be usable. This means you will

be unable to use the internet or make telephone calls using the Services provided by The dialer360 Partnership.

14.9.5. If payment is still not received within 30 days of the Purchase Date, your account will

be deleted and all Services will be incapable of reactivation.

14.10 Any fraud or other improper or unlawful use of the Services shall not relieve You of Your payment obligations to The dialer360 Partnership, so long as it can be demonstrated that those calls originated from Your authorised machines.

15. Duration and termination

15.1 All Services paid for either annually or monthly will be subject to initial contract periods

of 1 months or 30 days respectively, and shall continue thereafter on a rolling monthly basis

unless and until terminated in accordance with clause 15.2 and 15.3.

15.2 Subject to clause 15.1, either party may terminate this agreement (as regards some or all

of the Services) at any time for any reason by giving to the other 30 days written notice.

15.3 We may terminate this agreement (as regards some or all of the Services) or suspend

some or all of the Services immediately on written notice:

15.3.1 if you breach any of the terms and obligations under these Conditions and, if

remediable, having received from us a written notice stating the intention to terminate these

conditions if not remedied, fail to remedy the breach within 14 days;

15.3.2 if you are subject to a resolution for winding up or a petition for bankruptcy or

liquidation or there is a proposal or you enter into any arrangement or composition with your

or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you

or any of your assets or any similar circumstances; or

15.3.3 if we are required to do so by a competent or regulatory authority.

15.4 On termination of this agreement or suspension of Services for any reason:

15.4.1 we will immediately stop supplying, and will terminate access to, the relevant

Services. This may involve irretrievable damage to or loss of Data generated, stored,

transmitted or used via or in connection with the Services and / or we may destroy any such

Data;

15.4.2 all licenses granted by us to you will terminate;

15.4.3 any fees due remain payable and, if already paid, will be non-refundable unless you

have cancelled this agreement in accordance with clause 3.1;

15.4.4 your accrued rights and liabilities will be unaffected.

16. Confidentiality

16.1 We both agree not to use for any purpose apart from this agreement or disclose any

Confidential Data received from the other party. “Confidential Data” means Data identified

as, or which clearly is, confidential.

16.2 This clause does not apply to Data which:

16.2.1 enters the public domain other than through breach of this clause;

16.2.2 is or becomes independently known to the receiving party free from any

confidentiality restriction;

16.2.3 is required to be disclosed by applicable law or competent authority;

16.2.4 is reasonably disclosed to employees, suppliers or others for the proper performance of

these Conditions;

16.2.5 is reasonably disclosed to professional advisers; or

16.2.6 we are otherwise permitted to disclose in accordance with these Conditions.

17. Notices

17.1 You should send any notices under these Conditions to the correspondence address or

email address given at the top of these Conditions.

17.2 We shall send any notices in accordance with the most recent contact information which

you have provided to us.

17.3 Notices may be sent by hand, recorded delivery, fax or email and shall be deemed to be

received:

17.3.1 by hand – when delivered provided handed to a senior employee;

17.3.2 recorded delivery – five days after posting;

17.3.3 fax – when the sender receives an error-free transmission report; or

17.3.4 email – on the day sent unless the contrary is proved.

18. General

18.1 These Conditions represent the entire agreement of the parties relating to its subject

matter. It supersedes all prior agreements and representations (unless fraudulent) and you

acknowledge that that no reliance is placed on any representation made but not embodied in

these Conditions, save for those made fraudulently. We are not bound by, nor should you rely

on, any oral representations or representations by any agent or employee of any third party

you may use to apply for our Services.

18.2 If any part of these Conditions is deemed void for any reason, the offending words shall

be deemed deleted and the remainder shall continue in full force.

18.3 You may not assign these Conditions or subcontract or resell any of the Services without

our prior written consent. We may assign these Conditions or subcontract any of the Services.

18.4 We shall not be liable for failure to perform or delay in performing any obligation under

these Conditions if the failure or delay is caused by any circumstances beyond our reasonable

control, including but not limited to failure of any communications, telecommunications or

computer system.

18.5 No firm, person or company which is not a party to these Conditions shall have any right

under the Contract (Rights of Third Parties) Act 1999 to enforce any provision of these

Conditions.

18.6 The failure to exercise or delay in exercising a right or remedy under these Conditions

shall not constitute a waiver of the right or remedy.

18.7 Nothing in these Conditions shall be construed as creating a partnership or joint venture

of any kind between us.

19. Choice of law

19.1 This agreement is governed by English law and is subject to the exclusive jurisdiction of

the courts of England & Wales.

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