|IVOIPE TERMS AND CONDITIONS OF SERVICE|
These Terms and Conditions constitute the agreement (Agreement) between IVOIPE Company (IVOIPE, our, us or we) and the user (Customer, you) of IVOIPE's services ("Service"). This Agreement governs the Service, any devices or hardware, and DID numbers provided by IVOIPE.
BY ENROLLING IN, USING, OR PAYING FOR THE IVOIPE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT AND THAT YOU ARE OF LEGAL AGE TO ENTER THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. PLEASE READ IT CAREFULLY BEFORE PLACING AN ORDER AND SUBMITTING YOUR PERSONAL DETAILS.
IVOIPE may change the Terms and Conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted at www.ivoipe.com. The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions. Each time you log in to or otherwise access this site or use the Service following the posting of any changes to the conditions of use, Customer hereby accept these changes regardless of whether Customer have checked or visited our Terms and Conditions for the use of our website and our service by viewers and other users.
1. IVOIPE provides broadband telephony Services, IP-Phones (Hardware) and DID Direct Inward Dialing (DID) phone numbers (hereinafter all referred to as Service).
2. In order to subscribe to IVOIPE Service Customer shall go on IVOIPE website, choose a username and password and pay by credit card over the internet through a secure payment gateway.
3. If Customer’s choice of payment is via credit card, Customer must fill, sign and submit a credit card authorization form along with clear copies of other required documents to IVOIPE that authorizes iVoipe to charge the credit card account number for IVOIPE charges that accrue during the billing cycle. Customer reauthorizes IVOIPE to charge its designated credit card account each time it uses Service or as required by IVOIPE payment requirements. This authorization shall remain valid until terminated by written notice to or from IVOIPE. It is expressly understood and agreed that the term for Service will automatically renew for a similar term until such time as Customer notifies us in writing of its intention not to renew.
4. IVOIPE reserves the right to refuse any order placed by Customer. Non acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock, our in ability to obtain authorization for your payment, be identification of a pricing or product description error you not meeting the eligibility to the criteria set out in this document.
Before an Account details are released customer can cancel an order placed by not making a payment or by canceling payment at customer’s own expense.
5. If your order is accepted, we will send you the account details (Account), password and access details via Email. Please remember to keep all account details and passwords confidential. IVOIPE shall not be liable for losses incurred by you as a result of you disclosing such confidential information to third parties. You agree that we may disclose any information in connection with your accounts to anyone who correctly quotes your ‘Login’ and ‘Password’ where applicable.
6. IVOIPE accepts no responsibility for any misuse of Accounts and it is the responsibility of Customer to ensure details are not open to abuse once your Account details have been sent. IVOIPE may review any order and notify you with the details provided within 24 hours of the final status of your order, in which case Account details and access information will not be sent instantly and will be sent at the point the order is accepted, iVoipe cannot also be responsible for any technical issues beyond our control when using or purchasing from our website or by phone.
7. You agree to provide us with a valid and functioning email address to ensure the invoice and Account details are delivered to your requested address.
8. IVOIPE shall send you the invoice for the Service via email.
9. IVOIPE reserves the right to modify or discontinue any or all of the Service with or without notice to the Customer. IVOIPE shall not be liable to the Customer or any third party should IVOIPE exercise its right to modify or discontinue the Service.
10. IVOIPE may change the terms and conditions of Service from time to time. The Customer’s continued use of the Service constitutes an affirmative acknowledgment by the Customer of this document and its modifications; and agreement by the Customer to abide and be bound by this document and its modifications.
11. Refunds, all sales are final, we will assist you in resolving any technical issues, if your Account develops a technical fault you should always contact the customer service at IVOIPE. Where there is only a partial balance a credit may be applied in the case that we can not match the denomination of the remaining credit balance. In the case where payment is taken and no Account details are allocated it is Customer’s responsibility to notify IVOIPE upon which time the required Account and access details will be send immediately. Where Account & access details are not sent instantly please see point 4 of our terms and conditions. In this case a refund is granted and a charge up to 5% may be deducted from the refund amount.
12. You undertake that all the details you provide to us for the purpose of purchasing goods are correct, that the Credit or Debit card you are using is your own and there are sufficient funds to cover the cost of the purchase. The only currency acceptable by IVOIPE is the United States Dollars.
13. Customer is solely responsible for actions and the content of your transmissions through or in connection with Service, it being understood that each employee acts on behalf of any company with such employee is associated in all actions and submissions or in connection with the Service. Customer agrees:
(i) to abide by all applicable, local, state, national and international laws and regulations in your use of the Service;
(ii) not to use the Service for illegal purposes;
(iii) do not use or attempt to use another person’s or entity’s account, telephone number, Service, system or other confidential information without authorization from the Account holder;
(iv) To comply with all laws regarding the transmission of voice or technical data (including export laws, regulations, and restrictions of the state they reside in);
(v) No to make unsolicited contact, stalk, threaten, or harass anyone through, in connection with, or utilizing any data collocated through the Service;
(vi) That IVOIPE neither endorse the content of any of your communications nor assume responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Service;
(vii) Not to interfere or disrupt networks connected to the Service or otherwise attempt to interfere with the proper function of the Service; and
(viii) Not to attempt to obtain unauthorized access to the Service.
IVOIPE, at its sole discretion may immediately terminate your access to the Service and/or this site should your conduct fail to conform to any provision of this Agreement.
14. If there are any changes to the personal information supplied by you, it is your responsibility to inform IVOIPE as soon as possible. Each and every time you make a purchase from our website, you confirm that the personal information which we hold about you is true and accurate. If your e-mail address changes or your address and contact details, please re-submit before you purchase.
15. We shall process and record personal information about you. This will also involve us contacting you to verify your details before your account is activated. We may use automated decision making systems to process and record personal information. We will retain your personal information for only as long as required by law.
16. In order to process, record and use personal information we may disclose it to:
- Any person working for us.
- Any relevant payment system.
- Any person to whom we propose to transfer any of our rights and/or responsibilities under any agreement we may have with you.
- Comply with any legal or regulatory requirement of us.
- Any fraud avoidance scheme in which we participate.
- Anyone to whom you authorize us to give personal information.
17. In order to process, use, record and disclose personal information, we may need to transfer such information outside the company. We are responsible for ensuring that personal information continues to be adequately protected during the course of such transfer.
You agree that "personal information" referred to above include personal identifying details such as your name, address, contact details, your credit history, including instances of credit defaults or credit infringements information about your creditworthiness or capacity.
18. Credit card transactions will be protected using industry standard security technology (SSL). This ensures that all card details are encrypted before being transmitted over the Internet. Confidential information will be stored on secure webservers. IVOIPE shall attempt to ensure to use the highest quality and secure payment operators available.
19. IVOIPE shall attempt to ensure that the information available on our website at any one time is accurate. IVOIPE makes no warranty, guarantee or representation, either implied or expressed regarding the accuracy, reliability, condition or fitness of the information and services provided, however, we shall monitor information on an ongoing basis and update it on the website accordingly. IVOIPE may at any time alter its rates without prior notice. IVOIPE will use your details to send Account details and contact you with new offers and promotions with your prior consent. IVOIPE may also provide you with a variety of services via the Internet.
20. IVOIPE cannot be held responsible for products that we sell on our website as agents for third parties or for any aspect of the relationship between you and that third party.
21. Resale of the Service by Customer or any other person even for free is prohibited. This means that Customer is not allowed to resell or transfer the Service to any other person for any purpose, without express written permission from IVOIPE. Customer agree not to confer the right to use the Service for autodialing, continuous or extensive call forwarding, call centers (incoming or outgoing), telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. IVOIPE reserves the right to immediately terminate or modify the Service, if IVOIPE determines, in its sole discretion, that Customer’s Service is being used for any of the activities mentioned above or other similar activities.
22. For monthly plan users the Service is provided on a monthly basis and is paid in advance for each month. The monthly plan activation date is deemed the anniversary date. The monthly plan will renew each month on the anniversary date unless terminated by Customer. Notice of termination must be sent in writing via email to our email address of record two days prior the anniversary date. Monthly plan fees will not be prorated and/or refunded for the termination month. Notice of termination received after the required notice date will be effective for the next anniversary date. A setup fee will be charged to reactivate plans that were previously terminated. Requests to upgrade or downgrade a monthly calling plan to a different calling plan must be submitted in writing and to the email address of record. Request to change an existing plan must be submitted at least five days prior to the monthly anniversary date. Requests to upgrade or downgrade a monthly plan are not automatic and are subject to approval by us. Existing monthly plan customers that receive approval from us to change to a more expensive (upgrade) monthly plan may do so without having to pay another setup fee. Existing monthly plan customers that receive approval to change to a less expensive (downgrade) monthly plan may do so and will be required to pay another setup fee.
23. Any Customer’s use of the Service or any other action that causes a disruption in the network integrity of our company or its vendors, whether directly or indirectly is strictly prohibited and could result in termination of the Service and/or payment for damages relating to such conduct. Customer understands that neither we nor our vendors are responsible for the content of the transmissions that may pass through the Internet and/or Service in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network.
24. Any telephone number provided (the Number) to Customer shall be leased and not be sold to the Customer. Customer shall not obtain any rights, title or interest in the Number. IVOIPE reserves the right to change, cancel or move the Number at its discretion. Upon expiration cancellation or termination of the Service, Customer shall be relinquished and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to Customer by IVOIPE.
25. Customer is responsible for procuring and paying the costs for any software, hardware, or internet/broadband connection charges necessary to access and use the Service.
26. IVoipe may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with us is indicated or reserved, your credit card expires and you have not provided us with a valid replacement credit card or in case of any other non-payment of account charges. However, Customer remains fully liable to IVOIPE for all charges incurred by IVOIPE due to said declines, etc. IVOIPE may discontinue the Service immediately, for any reason including without limitations, if it has reason to believe that there have been attempts to hack or disrupt the system, or that the Service is being misused in any way. In the event of Customer default i.e. Customer does not pay any sum when due, breach any representations Customer made to IVOIPE, are suspected by IVOIPE for committing fraud, harming Service to other customers, using Service in any way that damages IVOIPE – Customer will reimburse IVoipe for its attorney’s and expert witnesses’ fees and costs for investigation, collection and similar expenses incurred by IVOIPE in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, IVOIPE may keep any charges or sums prepaid by Customer upon termination. IVOIPE may require reactivation charges to renew Service after termination or suspension.
27. Customer is responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public entity or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Hardware or DID’s. Such amounts are in addition to payment for the Service or Hardware and will be billed to your credit card as set forth in this Agreement.
28. Service outage due to Internet outage or suspension or termination of Broadband service (or ISP Service) or broadband provider blocking of ports or their acts. Customer acknowledge and understands that your ISP or broadband provider of the third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that Customer alerts us to this situation, IVoipe will attempt to work with Customer to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. Customer acknowledges that IVOIPE is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event Customer lose the Service as a result of blocking of ports or any other impediment to your usage of the Service, Customer will continue to be responsible for payment of the Service charges unless and until Customer terminate the Service in accordance with this Agreement.
29. The Customer expressly agrees that use of the Service is at the Customer's sole risk. The Service is provided on an "as is" and "as available" basis. IVOIPE makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does IVOIPE makes any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the software will be corrected. Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done at Customer's own discretion and risk and that Customer will be solely responsible for any damage to the Customer 's computer system or loss of data that results from the download of such material and/or data.
30. IVOIPE shall not be liable under any circumstances for any indirect, incidental, special or consequential damages beyond the contemplation of parties, including but not limited to loss of profits or income, arising directly or indirectly from any action or failure resulting from using the prepaid phone cards bought from IVOIPE and shall not be held liable for any surcharges which may be charged by hostels, hotels, or any accommodation providers for use of their phone services. Calls from mobile phones may be subject to a charge from your mobile carrier. Furthermore, IVOIPE shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of Customer's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if IVOIPE has been advised of the possibility of such damages. The above statement does not affect your statutory rights as a consumer.
31. You can contact IVOIPE by email at: firstname.lastname@example.org
32. Either IVOIPE or Customer may terminate the Service with or without cause at any time and with immediate effect. The Customer’s termination shall be accompanied by a written notice to IVoipe or by not using his or her account for more than a period of time deemed necessary to keep the Account active. IVoipe shall not be liable to the Customer or any third party for termination of Service. Should the Customer object to any terms and conditions of this document or any subsequent modification thereto or become dissatisfied with the Service in any way, the Customer’s only recourse is to immediately:
Discontinue the use of the Service, terminate subscription and notify IVOIPE of termination.
Upon termination of the Service, the Customer’s right to use the service immediately ceases.
IVOIPE retains the right, at its sole discretion, to determine whether or not the Customer’s conduct is consistence with this document and may terminate the Service if the Customer’s conduct is found to be inconsistent.
33. iVOIPE's Services are not for use in Lebanon.
34. These Terms and Conditions shall be governed and interpreted in accordance with English Law and English Courts shall have jurisdiction to resolve any disputes between IVOIPE and Customer.