USER AGREEMENTS
1. The Agreement
I. This is a legal agreement between you, the customer, as an individual, or as a single entity, (the "Customer") and VOIPELECTROWORLD VoIP Services ("VOIPELECTROWORLD"). This agreement outlines the terms and conditions that apply to Customer's use of the VOIPELECTROWORLD Voice Over Internet Service (the "VOIPELECTROWORLD Services"). Customers will be asked to review and either accept or decline this VOIPELECTROWORLD Services terms and conditions agreement (the "Agreement").
II. Customer's opening of or use of a VOIPELECTROWORLD Services account or use of the VOIPELECTROWORLD Services signifies Customer's agreement to be legally bound by, and Customer's acceptance of, the terms of this Agreement. Customer may be subject to additional terms, conditions, rules or policies while accessing, using or accepting the VOIPELECTROWORLD Services or other VOIPELECTROWORLD products or services through web sites, web pages or web services operated by VOIPELECTROWORLD or any VOIPELECTROWORLD affiliate and/or partner (the "VOIPELECTROWORLD Sites"). Customer agrees to comply with all applicable laws; the failure to comply may result in termination.
III. BY ACCEPTING THE AGREEMENT, CUSTOMER AGREES TO BE BOUND BY AND TO PERIODICALLY REVIEW THE VOIPELECTROWORLD SERVICES' TERMS AND CONDITIONS. CUSTOMER'S USE OF THIS SITE OR THE VOIPELECTROWORLD SERVICES SHALL BE DEEMED CUSTOMER'S CONCLUSIVE ACCEPTANCE OF THE AGREEMENT. IF CUSTOMER DOES NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN OR DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER MAY NOT REGISTER FOR, ACCESS, OR USE THE VOIPELECTROWORLD SERVICES.
2. Agreement Updates
The Agreement may be amended by VOIPELECTROWORLD from time to time, with or without notice to Customer. Customer must periodically review the VOIPELECTROWORLD Services' web site https://voipelectroworld.com (the "VOIPELECTROWORLD Services' Web Site") to view the most recent version of the Agreement. In the event Customer does not accept the Agreement, as may be amended, the Customer must terminate its VOIPELECTROWORLD Services account (the "Customer Account"). VOIPELECTROWORLD will not be liable to Customer or any third party for damages of any kind (e.g., direct, indirect, or consequential) if the Customer does not accept an amended Agreement. An amended Agreement will be considered "accepted" by the Customer unless the Customer terminates the Customer Account.
3. VOIPELECTROWORLD Services
I. The VOIPELECTROWORLD Services will allow the Customer to make "telephone" calls from Customer' personal computers or other telephony devices to telephones virtually anywhere in the world.
II. VOIPELECTROWORLD, at its sole discretion, reserves the right to change the VOIPELECTROWORLD Services, including its: charges, features, equipment and/or software requirements, and any other aspect of the VOIPELECTROWORLD Services, at any time, with or without notice, and without liability. If the Customer does not agree with any such change, the Customer's only remedy is the voluntary termination of the Customer Account (as defined hereinafter).
III. The technical processing and transmission of the VOIPELECTROWORLD Services, including without limitation the Information (as defined hereinafter), may involve the transmission over various networks (including non-VOIPELECTROWORLD networks) or changes to conform and adapt to the technical requirements of connecting different networks or devices.
4.VOIPELECTROWORLD Services' Limitations
I. The VOIPELECTROWORLD Services are provided "as is" and "as available" and are subject to the availability of suitable equipment and facilities; consequently, the VOIPELECTROWORLD Services are not available in all locations or at all times.
II. II. It is Customer's responsibility to ensure that the equipment (i.e., hardware and software) used by Customers to access the VOIPELECTROWORLD Services (the "Equipment") meets the current minimum system requirements may be specified by VOIPELECTROWORLD from time to time. In the event Customer's Equipment ceases to be adequate in accessing the VOIPELECTROWORLD Services, Customer, at its own risk and expense, may upgrade or replace the Equipment, as necessary, or Customer may terminate the Customer Account. The customer agrees that VOIPELECTROWORLD shall not be liable for any loss, damages, expenses, or costs, of any kind, as a result of Customer or Customer's Equipment inability to access or utilize the VOIPELECTROWORLD Services.
III. The customer acknowledges and agrees that VOIPELECTROWORLD is not responsible or liable for the installation, operation, maintenance, or support of any equipment owned or operated by Customer including, without limitation, any equipment, hardware or software used by Customer in connection with Customer's use of the VOIPELECTROWORLD Services.
IV. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VOIPELECTROWORLD SERVICES CANNOT BE USED TO MAKE EMERGENCY OR PREMIUM CALLS (INCLUDING BUT NOT LIMITED TO: 911/900, U.S.; 110/0990, JAPAN; 112/90XX, DENMARK, OR 999/09, UK, FINLAND). NEITHER VOIPELECTROWORLD NOR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHALL BE LIABLE FOR THE INABILITY TO PLACE EMERGENCY AND/OR PREMIUM CALLS USING THE VOIPELECTROWORLD SERVICES.
5. Customer Information
To register for a Customer Account and to use the VOIPELECTROWORLD Services, the Customer will be required to provide and maintain certain information in Customer's Account (the "Customer Information"). Customer agrees that the Customer Information will be complete, accurate, and current. Customer agrees to promptly update Customer Information in the event of any changes to such information.
6. Privacy Policy
Customer Information and certain other Customer information is subject to VOIPELECTROWORLD's privacy policy. Please read VOIPELECTROWORLD's complete privacy policy here (the"Privacy Policy") before accepting this Agreement and its terms and conditions. By accepting this Agreement or using the VOIPELECTROWORLD Services, the Customer acknowledges that it has read the Privacy Policy. In addition to those rights, terms, and conditions as may be outlined in the Privacy Policy, VOIPELECTROWORLD may retain or disclose the Customer Information if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (i) comply with a legal process; or (ii) enforce this Agreement; or (iii) respond to a claim that the Customer Information violates the rights of a third party. The Privacy Policy may be amended from time to time without notice.
7. Customer Account
I. Customer represents and warrants that Customer possesses the legal right and the ability to enter into the Agreement on behalf of Customer. The customer agrees to use Customer's Account and the VOIPELECTROWORLD Services under this Agreement. Besides, the Customer agrees to comply with all applicable laws, rules, and regulations concerning the Customer Account and its use of the VOIPELECTROWORLD Services. Failure to follow such laws, rules, or regulations may result in the termination of Customer's Account.
II. The customer is responsible for maintaining the confidentiality of Customer's Account, including but not limited to any password or access code required for Customer's use of the VOIPELECTROWORLD Services. The customer is fully responsible and liable for all usage that occurs on the Customer Account. A customer has to check their account activity every day and must immediately notify VOIPELECTROWORLD of any unauthorized use of, or access to, the Customer Account.
8. VOIPELECTROWORLD Service Rates and Customer Payment
I. The usage rates for the VOIPELECTROWORLD Services are posted on the VOIPELECTROWORLD Services' Web Site https://voipelectroworld.com/ and are designated in USD (USD $ ) per minute (the "Rates"). The Rates are exclusive of taxes; provided, however, additional fees, surcharges or taxes may apply in certain circumstances, including, without limitation, local regulations, or additions set forth by the issuer of Customer's credit card.
II. The Rates do not include any Internet access charges or any additional charges related to Customer's obtaining access to or use of an Internet Service Provider. The customer is responsible for obtaining and maintaining Customer's Internet access.
III. Customers must use a valid credit card (Visa or MasterCard) to prepay for the VOIPELECTROWORLD Services ("Customer Account Prepayment). VOIPELECTROWORLD may revise the means of payment from time to time, at its sole discretion. VOIPELECTROWORLD will debit the Customer Account Prepayment, every month, in arrears, as Customer utilizes the VOIPELECTROWORLD Services. Additional VOIPELECTROWORLD might allow the customer to pay via PAYPAL.com; MONEYBOOKERS.com.
IV. VOIPELECTROWORLD will provide Customer access to Customer's Account via Customer's on-line Customer Account activity record (the "Customer Account Record"). Customer must notify VOIPELECTROWORLD, in writing, of any errors, discrepancies or irregularities in any Customer Account charges within thirty (30) days of said charges first appearing on the Customer Account Record. Customer agrees to release VOIPELECTROWORLD from all liabilities and claims of loss resulting from any errors, discrepancies or irregularities in Customer's Account Record that are not reported to VOIPELECTROWORLD within thirty (30) days of the posting of said information in Customer's Account.
V. Every carrier/client has to consult with VOIPELECTROWORLD for any specific routes for the rates before sending traffic through our gateway. As some rates might be much higher, so the client will be given the best rates for the rate prefix, which is possible to offer by VOIPELECTROWORLD.
VI. If any rate prefix is not mentioned on our rate list, the client will be charged with the lowest possible rates from our rate list and the regular rate charge will be invoiced to the client to pay the difference.
VII. The client must inform VOIPELECTROWORLD all information before sending traffic to our gateway if the traffic related to Telemarketing Traffic, Dialer Traffic, or Call Center Traffic. If any such traffic is sent without any prior notice - the client will be invoiced the rates according to the rate prefix and might be charged with surcharges and penalties. Contact with VoIPElectroworld to get the up-to-date information for the required minimum call duration for each destination.
VIII. All calls have to be sent to our gateway in E164 format only with numbers without any special characters. If calls are sent on any other format than numbers, sometimes it might get connected but calls will be charged with higher rates as for penalty.
9. Customer Conduct and Acceptable Use of the VOIPELECTROWORLD Services
I. The VOIPELECTROWORLD Services may be used only for lawful purposes.
II. Customer understands and agrees that all information, including but not limited to data, text, or messages, transmitted via the VOIPELECTROWORLD Services (the "Information") is the sole responsibility of the source (i.e., person) from whom such information originated.
III. Customer understands and agrees that it will not use the VOIPELECTROWORLD Services:
- for solicitations, commercial or otherwise; or
- for incorporation into a commercial product or service; or
- to reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial messages; or to engage in unauthorized "auto-dialing"; or
- for the purposes of threatening, offending, stalking, abusing or harassing any person or persons; or
- to engage in unauthorized computer or network trespass, including obstruction or bypass of a computer network, the VOIPELECTROWORLD Services' network; or
- to intentionally or unintentionally violate any applicable international, national, state, provincial or local law; or
- to reproduce, distribute or otherwise transmit communications, information or materials where such activity gives rise to civil liability or otherwise violates the rights or assists others to violate the rights of VOIPELECTROWORLD or any third party; such violations include but are not limited to engaging in copyright infringement and defamation; or
- to reproduce, distribute, or otherwise transmit communications, information or materials where such activity constitutes a criminal offense, or otherwise engage in or assist others to engage in any criminal offense; such offenses include, but are not limited to, communicating hatred, pyramid selling, unauthorized use of a computer, mischief concerning data, fraud, obscenity and child pornography; or
- interfere with or disrupt the VOIPELECTROWORLD Services or the servers or networks connected to the VOIPELECTROWORLD Services, or disobey any requirements, procedures, policies or regulations of networks connected to the VOIPELECTROWORLD Services; or
- share, resell, reproduce, re-engineer, copy, distribute, redistribute, or exploit for any commercial purposes, any portion of, use of or access to, the VOIPELECTROWORLD Services, except where expressly authorized by VOIPELECTROWORLD; or
- allow any other person or entity to engage in any of the foregoing activities while using the Customer Account.
IV. Customer will promptly notify VOIPELECTROWORLD if Customer becomes aware of a violation, by any individual or entity, of any of the acceptable use rules outlined in this Section 9.
V. Without limiting any of VOIPELECTROWORLD's rights to suspend, restrict or terminate the Customer Account, as described elsewhere in this Agreement, VOIPELECTROWORLD may suspend, restrict or terminate Customer's account without notice if, in VOIPELECTROWORLD's sole and absolute discretion, Customer has violated any of the acceptable use rules set forth in this Section 9.
VI. VOIPELECTROWORLD shall not be responsible or liable to Customer or any third party with respect to any suspension, restriction, or termination of Customer's Account as set forth in this Section 9.
10. Support
I. VOIPELECTROWORLD will provide web-based support and support contact information for the VOIPELECTROWORLD Services. VOIPELECTROWORLD's technical assistance is limited to problems regarding the use of the VOIPELECTROWORLD Services and may exclude issues related to the Equipment used to access the VOIPELECTROWORLD Services. VOIPELECTROWORLD does not warrant the resolution of any problem with respect to the VOIPELECTROWORLD Services, including but not limited to interruption of, or inability of, access to the VOIPELECTROWORLD Services.
II. VOIPELECTROWORLD may, on occasion, e-mail notices to Customers regarding the use or status of the VOIPELECTROWORLD Services or Customer's Account.
11. Proprietary Rights
I. The customer acknowledges and agrees that the VOIPELECTROWORLD Services, and any necessary equipment, materials, services, processes, designs, or software used in connection with the VOIPELECTROWORLD Services, contain proprietary and confidential information that is protected by applicable intellectual property, copyright, trade-mark or other laws. Unless otherwise stated, all such proprietary and confidential information comprising the VOIPELECTROWORLD Services is owned by VOIPELECTROWORLD, its licensors, or its suppliers.
II. VOIPELECTROWORLD does not claim ownership or responsibility for the Information that Customer or a third party may transmit to a third party, accessing the VOIPELECTROWORLD Services via Customer's Account.
12. Compliance
I. VOIPELECTROWORLD has no duty to censor or monitor the use or transmission of information via the Customer's Account. Provided, however, VOIPELECTROWORLD has the right, without notice, to monitor the use of the VOIPELECTROWORLD Services or the Information if VOIPELECTROWORLD believes, in good faith, that such activity is reasonably necessary to provide the VOIPELECTROWORLD Services to other customers or to ensure adherence to or enforcement of this Agreement and, also, to comply with any laws, legal orders or regulations, to respond to any allegation of illegal conduct, or a claimed violation of third party rights.
II. VOIPELECTROWORLD may, in its sole discretion and without notice or liability, investigate complaints regarding Customer's use of the VOIPELECTROWORLD Services and take any action VOIPELECTROWORLD deems appropriate.
III. VOIPELECTROWORLD may, without notice or liability, disclose to third parties any customer information or any content, Information or materials associated with a VOIPELECTROWORLD Services account, if VOIPELECTROWORLD believes, in good faith, that such disclosure is reasonably necessary to provide the VOIPELECTROWORLD Services to other customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
13. DISCLAIMERS; DISCLAIMER OF WARRANTIES
I. The customer agrees and understands that VOIPELECTROWORLD exercises no control over the Information delivered or received through the VOIPELECTROWORLD Services. Customer assumes total responsibility for Customer's use of the VOIPELECTROWORLD Services, whether or not they are provided by VOIPELECTROWORLD or its designee. The customer acknowledges that the VOIPELECTROWORLD Services are accessible by persons who may attempt to breach the security of VOIPELECTROWORLD's network and/or Customer's account, and VOIPELECTROWORLD expressly disclaims any responsibility for such actions. The customer accesses the VOIPELECTROWORLD Services at its own risk.
II. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR IN AN ATTACHMENT, THE VOIPELECTROWORLD SERVICES, AND ANY RELATED SOFTWARE AND/OR HARDWARE PROVIDED BY VOIPELECTROWORLD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN, ORAL, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
III. VOIPELECTROWORLD DOES NOT WARRANT THAT THE VOIPELECTROWORLD SERVICES WILL BE ERROR-FREE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION, OR THAT DEFECTS IN THE VOIPELECTROWORLD SERVICES WILL BE CORRECTED.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VOIPELECTROWORLD, ITS AFFILIATES, OR ANY OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OFVOIPELECTROWORLD BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RELATED TO THE USE OF OR THE INABILITY TO USE THE VOIPELECTROWORLD SERVICES OR THIS AGREEMENT WHETHER FOR, AMONG OTHER THINGS, BREACH OF WARRANTY OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE VOIPELECTROWORLD SERVICES, AND WHETHER UNDER ANY THEORY OR CAUSE OF ACTION WHETHER IN TORT, CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VOIPELECTROWORLD's TOTAL AGGREGATE LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE USAGE CHARGES PAID TO VOIPELECTROWORLD BY CUSTOMER FOR THE AFFECTED VOIPELECTROWORLD SERVICES WHICH GIVES RISE TO SUCH LIABILITY. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
15. Indemnity
Customer agrees to indemnify, defend, and hold harmless VOIPELECTROWORLD, its officers, directors, employees, agents, shareholders, licensors, and any third-party providers or suppliers from and against all losses, damages or expenses of any kind, including reasonable attorneys' fees and costs of litigation, arising from claims of a third party (including claims, assertions, and investigations of a governmental agency), which claims arise in whole or part from (i) the negligence or willful misconduct of Customer, its employees, or agents, or (ii) Customer's breach of an obligation under this Agreement, (iii) the use of the VOIPELECTROWORLD Services by Customer; (iv) infringement of any third party right arising from the use of any services, equipment and software not provided by VOIPELECTROWORLD.
16. Termination
I. The termination of Customer's Account by either Party automatically terminates this Agreement; provided, however, such termination shall not relieve Customer from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.
II. VOIPELECTROWORLD shall not be liable to Customer or any third party for any termination of the Customer Account or the limitation of Customer access to the VOIPELECTROWORLD Services.
III. Customers may stop using the VOIPELECTROWORLD Services at any time by sending us an email.
IV. VOIPELECTROWORLD may, in its sole discretion, suspend, restrict or terminate the Customer Account, effective at any time, without notice and for any reason including, without limitation, the operation or efficiency of the VOIPELECTROWORLD Services is impaired by Customer's use thereof, or the Customer Account has been inactive or not recharged for a period of six (6) months, or Customer is in breach of this Agreement, or VOIPELECTROWORLD has received a third party complaint which relates to the use or misuse of the VOIPELECTROWORLD Services by Customer or from the Customer Account.
V. In the event that the Customer's Account is suspended, restricted, or terminated, reconnection charges may apply.
VI. VOIPELECTROWORLD shall have no responsibility to notify any third party, including any third party providers of the VOIPELECTROWORLD Services, of any suspension, restriction or termination of the Customer Account. In the event the Customer Account is suspended, restricted or terminated, VOIPELECTROWORLD shall have no obligation to maintain any messages, information or other content related to the Customer Account including, without limitation, account activity details, and you acknowledge that all such messages, information, and content may be immediately deleted.
17. Miscellaneous
I. Cause of Action: Any cause of action Customer may have concerning this Agreement or the VOIPELECTROWORLD Services must be commenced within one (1) month after the claim or cause of action arose, or it shall be barred.
II. Assignment: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. VOIPELECTROWORLD may assign or subcontract its rights, duties and obligations under this Agreement, in whole or in part, without notice to Customer. Customer may not assign this Agreement.
III. Waiver: The delay or failure of VOIPELECTROWORLD to enforce or insist upon strict compliance with any of the terms or conditions of this Agreement shall not constitute a waiver of VOIPELECTROWORLD's rights hereunder.
IV. Survival: All terms and provisions which, by their nature, should survive the termination of this Agreement, shall so survive.
V. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed as nearly as possible to reflect the original intent of the parties and the remainder of the provisions shall remain in full force and effect.
VI. Headings: Headings contained herein are provided for convenience and reference only. Headings in no way affect or limit the interpretation, contents, or terms of this Agreement.
VII. Third Parties: Nothing contained in this Agreement shall be created, or be deemed to have been executed, for the benefit of any third party.
VIII. Entire Agreement: This Agreement, including all web sites, documents, terms, conditions, and policies referenced herein, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, whether electronic, written or oral, between VOIPELECTROWORLD and Customer.
IX. All references to VOIPELECTROWORLD web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
X. The rights, powers and remedies of VOIPELECTROWORLD in this Agreement, including without limitation the right to suspend, restrict or terminate any VOIPELECTROWORLD Services account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to VOIPELECTROWORLD at law or in equity.
XI. You agree that no joint venture; partnership, employment or agency relationship exists between VOIPELECTROWORLD and you as a result of this Agreement or use of the VOIPELECTROWORLD Services.