Terms and Conditions for the provision of VOIP service
Art. 1 – Object
The following Terms and Conditions govern the provision of the Voip service offered by Voxloud OU, based in Narva int 7-339A, Tallinn Estonia through its platform www.voxloud.com, to the Customer, both as final consumer and as a legal entity, in full compliance with the current legislation.
Art. 2 Technical features of the VOIP Service
2.1 The IP Telephony Service allows the Customer to make and / or receive national and international voice communications (as well as, where available, video communications and other communication services), thanks to VOIP technology (Voice Over Internet Protocol), with the of supply, access and use of the service highlighted below.
2.2 The activation and provision of the VOIP Service requires a suitable internet connection. In the absence of a suitable and active internet connection, Voxloud does not guarantee the availability and quality of the VOIP Service, nor it will be liable for consequent unavailability or malfunctions.
2.3 The Service can be used from landline phone using preconfigured devices, or from personal computers, notebooks or similar devices equipped with headphones and microphone, using the software provided by Voxloud and after configuration of the devices.
2.4 The access and use of the VOIP Service take place through an electronic authentication procedure, with a Customer identification code (user name) and a keyword (password / PIN) whose knowledge by third parties allows the latter the use of the Services in the Client’s name. Therefore, the Customer is required to keep the password / PIN with maximum security, and will be directly responsible for any damage that the improper use of the key or password, whether direct or by third parties, should cause to Voxloud or to third parties.
2.5 The Customer acknowledges that the IP Telephony Service cannot be used in the event of lack of electricity, with Voxloud’s total exemption from liability.
2.6 The VOIP Service does not include carrier selection and carrier preselection services.
2.7 Voxloud assigns the customer a number belonging to the National Numbering Plan. For each geographic numbering requested, the Customer must indicate, under his own responsibility, the domicile where he intends to use this number. According to the regulations in force, it is possible to assign geographic numbers to the Customer only if they belong to the telephone district of domicile. In case of use outside the district of the assigned number, Voxloud is exempt from any responsibility.
2.8 The Customer acknowledges that the assignment of numbers in his favor is conditional upon Voxloud obtaining the consent to the processing of his personal data necessary to comply with the obligations in terms of privacy, telephone directories, prevention and repression of crimes.
2.9 The Customer acknowledges that the IP Telephony Service does not allow emergency calls, nor other services for which identification of the calling line is required, as well as the use of special rate numbers. If the provision of any of the aforementioned emergency services becomes possible for the IP Telephony Service, Voxloud will give notice to the Customer.
Art. 3 Signing of the Contract and termination
3.1 The Customer connects to the Voxloud website (http://www.voxloud.com), where he can select the products and services of his interest. The Contract will be signed by electronically accepting these Terms and Conditions and the further contractual documentation available (also through specific links) in this phase of subscription to the service. Following the Customer acceptance, Voxloud, after the necessary technical and commercial due diligence, will provide to the Customer all the necessary information relating to the subscribed service.
3.2 If Voxloud does not already have such data, in the event of a request by Voxloud, the Customer undertakes to provide his identity, tax code, VAT number, address and residence, as well as to promptly communicate any changes. The Customer is responsible for the truthfulness of the information provided. In case of non-fulfillment of the requests for data supply, Voxloud will have the right, at its sole discretion, to unilaterally suspend the Service or to terminate the contract.
3.3 Voxloud has the right not to accept the proposal, or to subject its acceptance to any limitations in the use of the Service (providing, for example, maximum traffic thresholds) and / or specific payment methods, where there is a justified reason.
3.4 The contract proposal will be considered accepted, and the Contract concluded, when Voxloud activates and / or makes available the IP Telephony Service to the Customer.
3.5 At each expiration, the contract will be automatically renewed for a further year (in the case of an annual subscription) or an additional month (in the case of a monthly subscription), unless canceled by e-mail within 30 days of the expiry date in case of annual subscription, or within 14 days in case of monthly subscription.
3.6 In the event of termination of the Contract, for any reason (e.g. withdrawal, termination, number portability to another operator), the Customer expressly acknowledges that nothing will be due to him by Voxloud, for any reason. By way of example and not limited to, the Customer will not be granted any reimbursement for residual telephone credit, unused advance monthly payments, promotional credit obtained by inviting new customers.
3.7 In case of number portability to another operator, the Customer acknowledges that the contract will be terminated only at the end of the portability procedure, with the obligation to pay the amount due up to that moment.
Art. 4 Obligations of the Customer
4.1 The Customer undertakes to use, both personally and with respect to any authorized third parties, the Service in accordance with the present Terms and Conditions, the laws and regulations in force. Voxloud may suspend the provision of the Service, limited to outgoing calls, upon notice sent by e-mail to the Customer, in case of infringement of the above-mentioned obligations by the Customer and the Customer has not remedied within the term given by Voxloud.
4.2 The Customer undertakes not to allow the use (even partial) of the IP Telephony Service for any reason to subjects not expressly authorized and in any case to third parties other than his employees or professional collaborators or his family or cohabitants; the Customer, moreover, undertakes not to resell the Service, in whole or in part, to third parties, without prior written authorization by Voxloud.
4.3 The Customer undertakes to pay, in the full amount and at the agreed time, the fees due for the IP Telephony Service.
4.4 The Customer undertakes not to intervene or tamper, directly or through third parties, the equipment, softwares and more generally any product made available by Voxloud for the use of the Service. The Customer undertakes to use equipment compliant with current legislation and technical standards and having the minimum requirements recommended by Voxloud for using the Service.
4.5 The Customer undertakes not to use, or let third parties use, the Services to make communications that may cause damage and / or disturbance to telecommunications operators or users and / or that violate current regulations and / or are contrary to public order.
4.6 The Customer expressly acknowledges that each user of the subscription is granted the right to use the Service on 1 smartphone or tablet device, 1 desktop device and 1 IP phone. Any use on additional devices will give Voxloud the right to immediately interrupt the provision of the service, and to terminate the contract.
4.7 The Customer acknowledges that he is required to use the “unlimited” offer plans in good faith and fairness and must therefore refrain from obtaining any advantages other than those associated with the normal use of the offer; unfair use is presumed in case of exceeding 10,000 minutes of calls per month or 1500 minutes of calls per month to national fixed and mobile numbers for each extension / user or sending over 500 faxes per month per account. In case of non-observance of the aforementioned limits, Voxloud reserves the right to totally or partially interrupt the provision of the service, as well as to terminate the contract.
4.8 In case of infringement of the obligations set in the previous points, Voxloud will have the right to unilaterally suspend, fully or partially, the provision of the Service, upon written notice sent to the Customer by e-mail. The Customer will in any case be obliged to keep Voxloud fully harmless from any loss, damage, liability, cost, charge or expense, including legal fees, arising from such infringements.
4.9 The Customer accepts the evidential value of the connection logs kept by Voxloud, with explicit and particular reference to those that detail consumption by time or by volume for billing purposes.
Art. 5 Obligations of Voxloud
5.1 Voxloud undertakes to provide the Customer with the Telephony Service over IP, for the entire duration of the Agreement, unless the following occurs: (i) early termination of the Agreement; (ii) suspension of the Service pursuant to Articles 4 and 8; (iii) interruptions, suspensions, delays or malfunctions for reasons not attributable to Voxloud.
5.2 Voxloud undertakes to confidentially process the data and information transmitted by the Customer, without prejudice to the right of Voxloud to transmit said data or information to authorized subjects only if necessary for the provision of the Service.
Art. 6 Equipment supplied by Voxloud
6.1 For the provision of the IP Telephony Service, Voxloud, where required, may deliver to the Customer equipment for sale, use and / or rental for the entire duration of the Contract. In this case, the Customer will have to equip, at his own expense, his premises in order to allow the correct installation and / or application of the supplied equipment. The Customer also undertakes to preserve the equipment with diligence and to use it only for the fruition of the Services provided by Voxloud.
6.2 In case of request by the Customer, Voxloud undertakes to deliver, at its own expense, the equipment functional and suitable for use and to ensure the peaceful fruition for the entire duration of the contract, except in cases of infringement by the Customer. In the event of breakdowns or malfunctions of the equipment delivered, Voxloud will send, at its own expense, new replacement equipment. In any case, the Customer undertakes to immediately return the damaged equipment. If the breakdown or malfunction is attributable to the Customer (by way of example and not limited to, for causes due to shocks or flooding) Voxloud will in any case, the first time, replace the equipment free of charge. In case of occurrence of a new breakdown or malfunction of the Equipment for a second time, due to a cause again attributable to the Customer, Voxloud will be entitled to the unilateral termination of the Contract, with the right to apply a penalty which will be equal to 12 months of monthly fee of the type of account chosen by the Customer.
6.3 In the event of theft or loss, documented by a complaint submitted to the judicial authority, Voxloud will, for the first time, provide for the free replacement of the equipment. Theft or loss subsequent to the first will be fully charged to the Customer, with Voxloud having the right to apply a penalty which will be equal to 12 months of monthly fee of the type of account chosen by the Customer.
6.4 Upon expiry, for any reason, of the Contract, the Customer, under penalty of damages and the application of the penalty set at point 6.2, undertakes to return to Voxloud the equipment received on loan or lease, in good condition and functioning as they had been delivered, except for the normal wear and tear of use.
6.5 The Customer undertakes to indemnify and hold Voxloud harmless for any loss and any damage to the equipment, for any cause attributable to the Customer, with the obligation to reimburse to Voxloud the expenses occurred for the repair and / or repurchase of the equipment. The Customer is not liable for the loss of the equipment due to theft, proven by a report submitted to the competent Judicial Authority, or to documented cases of force majeure.
6.6 The Customer undertakes to keep the equipment free from any charges, pledges or encumbrances. In case of infringement of such obligation, the Customer undertakes to indemnify and hold Voxloud harmless from any damage and from any claim, action or request that may be brought against it.
Art. 7 Fees and payment methods
7.1 The price list on the website www.voxloud.com, which is integral part of the present Terms and Conditions, shows the prices for the provision of the Service and of the equipment and/or software provided by Voxloud, the billing times (one-time, periodic, etc.), the payment methods, as well as traffic time limitations.
7.2 For the services requested, the Customer undertakes to pay to Voxloud the amounts due on the basis of the price list in force from time to time. In any case, Voxloud reserves the right to apply different fees upon the duration chosen by the Customer with reference to each Tariff Plan. Prices may be subject to changes, which will in any case be promptly communicated online or by email to the Customer.
7.3 The payment of invoices issued by Voxloud must be made for the entire amount indicated, partial payments are not allowed.
7.4 Voxloud will report to the Customer any delays in the payment of invoices.
7.5 in addition to the provisions of the previous art. 7.3, in the event of total or partial non-fulfillment by the Customer of the obligation to pay the invoices, Voxloud reserves the right to suspend the provision of services and, in the event of continued non-fulfillment, to deactivate the services with consequent loss of the phone number. In this case, Voxloud’s right to proceed with the credit recovery will remain unaffected.
Art. 8 – Limitation of liability
8.1 Voxloud is not responsible, except in cases of intent or gross negligence, for any damage resulting from malfunctioning, failure or delay to transmit or receive messages, poor quality, or block of the services.
8.2 In particular, Voxloud is never and in any way responsible, having no control, for malfunctioning due to the public telephone network.
8.3 Voxloud is never and in any way responsible for any damage that may arise to the Customer or to third parties from the loss or delay in the delivery of e-mail messages, after their transmission to an SMTP server, responsible for the Customer’s e-mail domain.
8.4 Voxloud is never and in any way responsible for the malfunctioning problems of the VOIP services that are attributable to an incorrect / inappropriate / incompatible configuration of the Customer’s Client SIP, or of any element not under Voxloud’s control.
8.5 The sender of the messages is the sole responsible for the content of the messages, just as the caller is the sole responsible for each telephone call. Voxloud cannot be considered in any way responsible for the content of messages sent, transmitted or received through its services, as well as the telephone calls made by its customers. The Customer expressly indemnifies Voxloud from any possible request for damages by third parties regarding the content of messages or telephone calls.
Art. 9 Termination of the Contract
9.1 Voxloud may immediately terminate the Contract, giving written notice to the Customer by e-mail or registered letter in the following cases: violation, by the Customer, of even only one of the obligations referred to in articles 3, 4, 6, 7, 12 and 13.
Art. 10 Interruptions or other malfunctions in the provision of the VOIP Service
10.1 The Customer acknowledges that Voxloud will not be liable for damages arising to him or to third parties as a result of interruptions, suspensions, delays or malfunctions in the provision of the Service, occurring for reasons not attributable to Voxloud and due to:
- system failures or technical problems or unavailability of the Service for reasons attributable to third parties suppliers of Voxloud;
- lack of electricity;
- tampering not attributable to Voxloud on the Service or on the equipment used by the Customer;
- incorrect use of the Service;
- malfunction or incompatibility of the equipment used by the Customer;
- necessary modifications and / or maintenance interventions.
In such cases, however, Voxloud will work to minimize any inconvenience to the Customer, providing the necessary information. The Customer acknowledges that Voxloud will not be liable for any damage due to unscheduled but technically necessary maintenance.
Art. 11 Right of withdrawal
11.1 The Customer who is qualified as a “consumer” in accordance with the regulations in force, may withdraw within 14 days of the conclusion of the Contract signed remotely, unless Voxloud has already carried out the provision of the Service with the agreement of the consumer Customer. The withdrawal must be exercised by written communication by e-mail to be sent to Voxloud at the address indicated in this Agreement.
11.2 Following the withdrawal exercised in accordance with the above, the consumer Customer will be required to indemnify Voxloud for the costs incurred for the activation of the connection if such activation was performed for the sole purpose of providing the VOIP Service.
11.3 The Customer has the right to withdraw from the contract at any time, with written notice of at least 30 days, by e-mail. The Customer will be required to pay Voxloud the amounts due in relation to the Service used up to the effective date of the withdrawal and the commission due for the deactivation services in the event of termination or the commission due in the event of migration to another phone Operator. These commissions will not be due in cases where the Customer exercises the right of withdrawal following contractual changes communicated by Voxloud in accordance with current legislation.
11.4 In the event of the Customer’s withdrawal from promotional offers that provide discounts on the monthly fee subject to a temporal contractual constraint, Voxloud will charge the Customer, for each user for which the Offer is terminated before the expiry of the term, a deactivation fee of $49.00, in addition to an amount for early withdrawal equal to 4 monthly fees in case of withdrawal within the first 12 months from the activation of the offer (for both annual and biannual subscriptions), and 2 monthly fees in case of withdrawal between beginning of the thirteenth month and twenty-fourth month from the activation of the offer (only for biannual subscriptions).
Art. 12 Transfer of the contract and right to subcontract
12.1 It is forbidden for the Customer to transfer the Contract to third parties, both free of charge or for a fee, temporarily or permanently, without the written consent of Voxloud. In any case, the Customer is not released from his obligations towards Voxloud.
12.2 Voxloud reserves the right to, and the Customer hereby gives his consent to, transfer, in whole or in part, this contract to another authorized party.
12.3 Without prejudice to Voxloud’s direct responsibility towards the Customer for the exact fulfillment of the obligations deriving from the Contract, Voxloud may use third parties selected by it for the execution of the Contract.
Art. 13 Intellectual Property Rights, licenses
13.1 Where Voxloud has provided the Customer with software, packages and / or IT supports, application programs and any other accessory, necessary for the use of the IP Telephony Service, the related intellectual property rights will remain exclusive property of Voxloud or, depending on of the cases, of its and on the termination of this Agreement, any licenses in favor of the Customer will also be considered terminated.
13.2 The Customer, unless explicitly authorized by Voxloud, will not be able to reproduce, duplicate, or allow others to reproduce or duplicate totally or partially the content of the aforementioned software, packages and / or IT supports, or the related user manuals, transfer them both free of charge or for a fee, or allow their use by third parties.
Art. 14 Communications
14.1 The communications of the Customer to Voxloud relating to the Contract must be sent to the address indicated in the epigraph by registered letter with return receipt, or by e-mail to address indicated in the Price List, unless a specific form is expressly provided in the Contract.
14.2 All communications from Voxloud to the Customer relating to the Contract will be made, by e-mail or registered letter with return receipt, to the addresses indicated by the Customer during the registration, unless a particular form of communication is set by Contract or by law. The communications to the Customer contained in the invoices are also considered validly carried out.
Art. 15 Amendments to the Contract
15.1 The Customer accepts any modification of the Contract made necessary by legal provisions and / or regulations and / or provisions of the competent Authorities.
15.2 Without prejudice to the changes referred to in paragraph 15.1 above, which will be immediately in force, in case of modifications to the Contract unilaterally decided by Voxloud, as better specified in the communication of modification, the Customer will have the right to withdraw from the Contract by giving written notice to Voxloud by registered letter with return receipt within 30 (thirty) days from the communication of the modification. In this case, the Contract will be considered definitively terminated as of the date of receipt by Voxloud of the Customer’s notice of withdrawal. In the absence of communication by the Customer within the deadline indicated above, the modifications will be effective from the day following the deadline for withdrawal.
Art. 16 Treatment of personal data
16.1 As clarified in the previous art. 3.2, the Customer is obliged to provide all the necessary data for the provision of the Service, as well as for future improvements of the Service.