TERMS AND CONDITIONS
Acknowledgement
By using the Service, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this account and/or software, also abides by the Terms of Use. Vox-ONE is a trademark of Nikomsistems Ltd and has the right to revise the Terms of Use at any time without providing notice to Vox-ONE users.
Rule Modification
Periodically, changes in these terms may be required to comply with regulatory or business requirements. Such changes will be published on the company website www.vox-one.net, and notifications may be sent to you via email, depending on the nature of the change. Continued use of Vox-ONE products and services both before and after such changes, signifies irrevocable acceptance to the Terms of Use. Vox-ONE reserves the right to change, modify, suspend or discontinue any portion of the Service at any time. Vox-ONE may also impose limits on certain features or restrict your access to parts or the entire Service without notice or liability.
Eligibility
The Service is available to corporations and other organizations who can form legally binding contracts under applicable law. By accepting these Terms, you signify that you meet these qualifications of eligibility. Vox-ONEs may refuse to offer the Service to any person or company, and may change our criteria for eligibility, at any time, at Vox-ONE sole discretion. Vox-ONE retains the right to terminate your account and your rights to use the Vox-ONE products and services for any reason including but not limited to our belief or suspicion that any registration data you provide is or becomes untrue, inaccurate, not current, or incomplete.
Services
We will supply the Services with reasonable skill and care.
However, we do not guarantee:
- - that the Services will be uninterrupted, secure or error-free; or
- - 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.
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.
We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
Specific Conditions on the Provision of Telephony Services
By purchasing our Telephony Services (VoIP) you confirm that you understand that our services:
- - may not offer all of the features you may expect from a conventional phone line;
- - 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;
- - may not connect you to the public emergency service and if we do, may not provide your phone number and location details to the operator if you make a public emergency services call. You will have to provide your location information and phone number verbally to the operator; and
- - may not offer you the ability to transfer (port) your existing number to an alternative service if your service ends.
The Service provided by us is not a Publicly Available Telephone Services (PATS) and your attention is specifically drawn to the service descriptions at www.vox-one.net that sets out the Service offering and service limitations for our customers.
Use of Service
By accepting these terms, you are agreeing NOT to allow through your actions, or those of another, the use of services from Vox-ONE for unlawful or illegal purposes; including but not limited to making offensive, indecent or prank/hoax calls, allowing others to do so, using the services fraudulently, to commit or further a criminal offence. You are agreeing NOT to cause damage to this or any other communication or data system, and you fully indemnify Vox-ONE against any liabilities (including such things as legal expenses, losses, costs, claims and damages), brought about by your action or inaction in violation of this agreement. You may NOT submit or publish through Vox-ONE any materials that are libellous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You will comply with all reasonable instructions provided by Vox-ONE in relation to the service.
Acceptable Use Policy
The service includes "Inclusive Calling Plans" that have been designed as a fixed price alternative telephone service, enabling customers to benefit from our low cost networking operating model. If we deem your usage during any single month not to be within normal business use, we reserve the right to suspend, restrict, change or cancel your Vox-ONE service at our discretion.
The Vox-ONE service has been designed assuming average usage levels consistent with data as identified through established telecoms industry levels. In order to protect the average utilisation levels we have set upper limVox-ONE which may be subject to change. These upper limits are described here.
The Vox-ONE Acceptable use policy ("AUP") specifies the following limitations:
1. Re-supplying or Re-selling
When we provide you with the Service and any associated Software, it is for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the whole or any part of the Service or the associated Software to anyone else, unless otherwise stated by another mutual cooperation agreement.
2. Fax Broadcasting
The Service cannot be used for fax broadcasting, fax blasting or bulk faxing to send fax messages to multiple recipients at one time.
3. Auto-Dialling
The Service cannot be used for auto-dialling or predictive dialling, or the systematic dialling of telephone numbers for telemarketing or any other purpose.
4. Spam over Internet Telephony
The Service cannot be used in any way to generate, distribute or otherwise for SPIT (spam over Internet telephony) or VAM (Voice / VoIP spam).
5. Unlawful Use
You will not use the Service, and will take all reasonable precautions to ensure that no one (including you) uses the Service in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located here. We reserve the right to make an administrative charge as a result of abuse of any Acceptable Use Policies.
6. Billing
Billing Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent.
7. Inbound Calling
The subscription fees on the Vox-ONE VoIP services are set to reflect a typical business call profile of inbound and outbound call minutes, as stated on our website.
Vox-ONE reserves the right to amend the monthly subscription for the service or charge 1 cent per minute for inbound calls should the percentage of inbound to outbound calls minutes exceed 75% for any 2 months in each 6 month period from the initiation of the service.
Limitation of liability
Vox-ONE will not be liable to you either in contract or tort (including negligence) or otherwise for any damage, cost or expense, loss of or corruption of data, loss of profits or production, loss of operational time, goodwill, contracts or anticipated savings or any indirect or consequential loss caused by the interruption, delay, suspension, non-delivery, packet loss caused by the interruption of the services the downloading or use of the software or any event beyond our control including the act of any network operator or third party. Vox-ONE expressly excludes any warranty as to the suitability, quality or reliability of the services or the software that they will be fit or suitable for your purposes. You agree that the limitation of liability in this agreement is appropriate. These limitations do not restrict or limit your rights as a consumer. You may contact Vox-ONE at any time by email at the address given on the website www.vox-one.net. If a court of competent jurisdiction holds any part of this agreement as unenforceable then the rest of the agreement shall remain in force to the maximum extent permissible by law. Vox-ONE shall not be liable to You for the loss of the services caused by an event beyond our reasonable control including but not limited to any fault in or suspension of the network of any third party, any act of God, lightning damage, fire, power failure or any loss or change to or loss of telecommunications equipment or any act of any authority or third party.
ACCOUNT NUMBER AND PERSONAL IDENTIFICATION NUMBER (PIN)
You are responsible for maintaining the confidentiality of your account number and/or PIN. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
Duration and Termination
Single line accounts are provided on a Pay As You Go (PAYG) basis without a contracted period.
Multiline Business Accounts or DID inbound calls are subject to an initial contract period of either 3, 12, 24 or 36 months, and shall continue thereafter on a rolling monthly basis. The contract is provided on a prepaid basis.
Either party may terminate this agreement (as regards some or all of the Services) following the initial contract period at any time for any reason by giving to the other 30 days written notice.
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:
- - if you breach any 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;
- - 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
- - if we are required to do so by a competent or regulatory authority.
On termination of this agreement or suspension of Services for any reason:
- - 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;
- - all licenses granted by us to you will terminate;
- - any fees due remain payable and, if already paid, will be non-refundable
- - your accrued rights and liabilities will be unaffected.
Jurisdictional Issues
This Service is controlled and operated by Nikomsistems LTD, makes no representation that materials in the Service are appropriate or available for use in your location. Those who choose to access this Service from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold Vox-ONE, and Vox-ONE subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Governing Law
This Service shall be governed by and construed in accordance with the laws of the Macedonia, without giving effect to any principles of conflicts of law.
Trademarks
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Nikomsistems Ltd. (collectively "Marks") are and shall remain the exclusive property of Nikomsistems and nothing in this agreement shall grant you the license to use such Marks.
Copyright
All Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of Nikomsistems Ltd. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
Vox-One Inc. / 75th North Anenue / Hoodsport, Washington 98548 / United States