These standard terms
and conditions of service (the "Agreement") contain the terms and conditions
which govern your subscription or procurement of any services or products
("Services" or “Service”) provided by
VOIP & Call Center and “Client","you", means you the subscriber. By
subscribing to or making use of any services you will be required to agree and
be bound to this Agreement.
1. Conclusion of the
Agreement
1.1 When you apply for a
Service or product with VOIP & Call Center, you will provide a copy of your
identity document and proof of residential and/or business address.
1.2 This Agreement will
continue indefinitely, and you will be bound thereby for as long as you use any
service or product offered by VOIP & Call Center
2. Acceptable Use
Dial
Worldwide Ltd. provides the services exclusively and
makes no effort to edit, control, monitor or restrict the content of data other
than as necessary to provide such services or as required under regulatory or
lawful enforcement.
Those terms are
explained below:
2.1 Client should not
violate any domestic or foreign laws or regulations.
2.2 Client should not
infringe on any intellectual property rights (including but not limited to,
copyright, trademark, patent or other proprietary rights).
2.3 Client should be
responsible for viruses or other computer programming defects which may result
in damage to VOIP & Call Center or any third party.
2.4 Client should not
transmit Unsolicited Electronic Mail (SPAM) chain letters, junk mail or any use
of distribution lists to any person who has not given express permission to be
included in such list.
2.5 VOIP & Call Center
at its sole discretion may immediately
terminate this agreement if client is found to breach any of the terms listed in
this agreement.
3. Data Retention
3.1
Dial
Worldwide Ltd will not be liable for any direct or
indirect loss or damages of any kind, which you may suffer as a result of the
loss, hacking, or theft of your data, or any part thereof, for any reason
whatsoever.
4. Payment
4.1 Payment must be made
within the first week of each month. Client may request to make use of manual
payment through electronic funds transfer (EFT). We accept Paypal, Skrill, and Netteller.
4.2 Amendment of Service
Prices subject to the terms and conditions of any agreement entered into between
VOIP & Call Center and the client. VOIP & Call Center shall be entitled to
amend the fees or charges for its services or products at any time on 30
(thirty) days notice to you (Client).
4.3 Non-Payment
VOIP & Call Center
shall be entitled to immediately suspend any services provided to client in
the event of client's failure to remit payment in full to VOIP & Call Center on
time. While services are in a suspended state Client will have no access to any
other services. Client will however continue to be liable for the full cost
associated with the service and must pay 200 Euros for reconnection fee.
4. Legal Policy
In the event of
non-payment passing fourteen days from the due date, a letter of demand will be
sent to client via email and/or by post. Should payment not be received after
twenty one days from the date of posting such letter of demand, VOIP & Call Center
may take further legal action against client to recover all outstanding
amounts, of which any and all legal costs incurred will be recovered from
client.
5. Refund Policy
Certain Services carry
a setup or installation fee charged by Dial Worlwide to client that must be
paid by client in order to make use of those services; these fees are not
refundable whatsoever.
6. Service Level
Agreement
While every effort is
made by VOIP & Call Center and it's providers to ensure that all services
retain a constant uptime and high level of service quality, given the nature of
the services this is not always achievable. As such all services unless
otherwise agreed to in writing are based on the "best effort" premise - where no
guarantees on throughput, latency or uptime can be provided.
7. Liability and
Indemnification
The parties agree that
in no event shall VOIP & Call Center be liable to any third party for client's
breach or alleged breach of any of the terms and conditions set forth in this
Agreement, any other agreement
between VOIP & Call Center and client or any government regulation or rule of
law in connection with client’s use of the services. Client agrees to defend,
indemnify and hold harmless VOIP & Call Center from any and all expenses,
losses, liabilities, damages or third party claims resulting from client's
breach or alleged breach of any client obligations set forth herein.
8. Term and
Termination
Subject to the terms and conditions herein, this Agreement shall be effective on the date you register for any services, and shall continue in effect on a month to month basis (the "Term") unless otherwise specified by any other agreement between VOIP & Call Center and Client. Either party will have the right to terminate this agreement upon notice to the other party. If Client is terminating this agreement, client must provide at least one full calendar month notice of such intention to terminate use of services. Where VOIP & Call Center is terminating this Agreement VOIP & Call Center will provide one calendar month notice of its intention to terminate such Service unless such termination is due to any breach in agreement by client in which case no notice will be provided by Dial Worldwide