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Terms and
Conditions |
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This is an
agreement ("Agreement") between 125 Telecom Ltd ("we," "us" or "125 Telecom Ltd
known as XPsip.com") and the user ("you," "user" or "Customer") of 125 Telecom
Ltd communications services ("Service") and any IP adapter or gateway devices,
("Device" or "Equipment") used to provide the Service.
Any 125 Telecom Ltd services or products ("Services") provided by 125 Telecom
Ltd to the end user shall be governed by the terms and conditions herein. By
activating the services the end user acknowledges receiving, reading and
understanding this Agreement and accepts the terms and conditions herein. End
User acknowledges that they are of legal age to enter into this Agreement.
Should you decide to subscribe to the 125 Telecom Ltd telephone network you
acknowledge that you will abide by the terms and conditions set forth herein in
this Agreement.
Conditions of Service Provided By 125 Telecom Ltd
1.1 Term
Telephone Network Service is offered on a monthly basis for a term which begins
on the date that 125 Telecom Ltd activates your Service. This Agreement will
automatically renew on a monthly basis unless you provide written notice of
cancellation to 125 Telecom Ltd at least ten (10) days before the end of your
current monthly term. The end user is purchasing the service for full monthly
terms, meaning that if end user attempts to terminate service prior to the end
of a monthly term the end user will be responsible for the full month's charges
to the end of the then-current term, including without limitation unbilled
charges, plus any applicable disconnect fee, all of which immediately become due
and payable. Expiration of the term or termination of the services does not
excuse the end user from paying all unpaid, accrued charges due in relation to
the Agreement.
1.2.1 Residential Use
If you are subscribing to 125 Telecom Ltd Residential services, the Service and
Device are provided to you as a residential user, for your personal,
residential, non-business and non-professional use. You cannot use the Service
or Device for any commercial or governmental activities, profit-making or
non-profit, including but not limited to home office, business, sales, tele-commuting,
telemarketing (including without limitation charitable or political solicitation
or polling), autodialing, continuous or extensive call forwarding, bulk faxing
or any other commercial activities. You cannot resell or transfer the Service or
the Device to any other person for any purpose, or make any charge for the use
of the Service. 125 Telecom Ltd reserves the right to immediately terminate or
modify the Service, if 125 Telecom Ltd determines, at its sole discretion, that
Customer's Service is being used for non-residential or commercial use. Any
telephone number provided by 125 Telecom Ltd ("Number") to the end user shall be
leased and not sold. The end user is not to use the number with any other device
other than the equipment provided by 125 Telecom Ltd without the express written
permission. 125 Telecom Ltd reserves the right to change, cancel or move the
number at its sole discretion.
The end user may request a call plan change at anytime, subject to any
applicable change of service fee and additional terms and conditions. In no case
will an activation fee be credited after thirty (30) days from the initial
purchase of the services for a plan change or cancellation. For any plan change
that requires the extra purchase of equipment, an equipment charge will apply.
1.2.1a
The end user is not to resell or transfer the service or equipment to any other
person for any purpose, without express written permission from 125 Telecom Ltd
in advance.
1.2.2 Business Use
If you are subscribing to 125 Telecom Ltd business services, the Service and
Device are provided to you as a small business user. You cannot resell or
transfer the Service or the Device to any other person for any purpose, or make
any charge for the use of the Service. You cannot use the Service or the Device
for auto-dialling, continuous or extensive call forwarding, bulk faxing or any
other activity that will result in inappropriate use of the Service. 125 Telecom
Ltd reserves the right to immediately terminate or modify the Service, if 125
Telecom Ltd determines, in its sole discretion, that Customer's Service is being
used for any of the aforementioned activities. Any telephone number provided by
125 Telecom Ltd ("Number") to the end user shall be leased and not sold. The end
user is not to use the number with any other device other than the equipment
provided by 125 Telecom Ltd without the express written permission. 125 Telecom
Ltd reserves the right to change, cancel or move the number at its sole
discretion.
The end user may request a call plan change at anytime, subject to any
applicable change of service fee and additional terms and conditions. In no case
will an activation fee be credited after thirty (30) days from the initial
purchase of the services for a plan change or cancellation. For any plan change
that requires the extra purchase of equipment, an equipment charge will apply.
1.2.2a
The end user is not to resell or transfer the service or equipment to any other
person for any purpose, without express written permission from 125 Telecom Ltd
in advance.
1.3 Prohibited Use of Service and Device
125 Telecom Ltd reserves the right to terminate your Service without notice if
you violate any of the following acceptable use policies. Any use of the service
provided or any other action that causes a disruption in the network integrity
of 125 Telecom Ltd or its vendors, whether directly or indirectly is strictly
prohibited and could result in termination of the services provided at the sole
discretion of 125 Telecom Ltd. The end user agrees that neither 125 Telecom Ltd
nor its vendors are responsible for the content of the transmissions that may
pass through the internet and/or the services. The end user agrees that it will
NOT use the Services in ways that violate laws, infringe the rights of others,
or interfere with the users, services, or equipment of the network. The end user
agrees and represents that it is purchasing the services and/or the equipment
for its own internal use only, and shall not resell, transfer or make a charge
for the services or the equipment without the advance express written permission
of 125 Telecom Ltd.
1.3.1 Compliance to Local Laws
You cannot to use the 125 Telecom Ltd phone Service and Device for transmitting
or receiving any communication or material of any kind that would (i) constitute
a criminal offence, give rise to a civil liability, or otherwise violate any
applicable local, state, national or international law or (ii) encourages
conduct that would constitute a criminal offence, give rise to a civil
liability, or otherwise violate any applicable local, state, national or
international law. 125 Telecom Ltd reserves the right to terminate your service
immediately and without advance notice if 125 Telecom Ltd, at its sole
discretion, believes that you have violated any of the above restrictions. You
further agree that 125 Telecom Ltd may forward your personal information or any
communications you made through 125 Telecom Ltd to appropriate authorities for
investigation and prosecution if we believe that you have violated any of the
above restrictions. You agree to indemnify and hold harmless 125 Telecom Ltd
against any liability resulting from misuse of your Service and Device.
1.3.2 Unauthorized Use of Firmware or Software
Any Device provide to you will contain firmware or software protected by
trademark, copyright or other intellectual property laws. You agree to use the
firmware or software only to receive the Service. 125 Telecom Ltd will not
provide any passwords, codes or other information or assistance that would allow
you to use the Device for any other purpose. You will not reverse compile,
disassemble or reverse engineer or otherwise attempt to derive the source code
from the binary code of the firmware or software.
1.3.3 Unauthorized Use of Device or Service
You will not erase or modify any serial numbers or equipment identifiers on the
Device. You will not perform a factory reset of the Device.
1.4 Loss of Power or Internet Access
You acknowledge and understand that the Service does not function in the event
of power failure and that the Service requires a fully functional broadband
connection to the Internet (which is not provided by 125 Telecom Ltd ). In the
event that there is an interruption of service by your Internet service provider
("ISP"), you will continue to be billed for the Service until you terminate the
Service in accordance with this Agreement.
1.5 Theft of Service
You agree to notify 125 Telecom Ltd immediately, in writing or by calling the
125 Telecom Ltd customer support line, if you become aware at any time that your
Service is being stolen or fraudulently used. When you call or write, you must
provide your account number and a detailed description of the circumstances of
the Device theft or fraudulent use of Service. Failure to do so in a timely
manner may result in the termination of your Service and additional charges to
you. Until such time as 125 Telecom Ltd receives notice of the theft or
fraudulent use, you will be liable for all use of the Service using a Device
stolen from you and any and all stolen Service or fraudulent use of the Service.
1.6 Service Difference
You acknowledge and understand that the 125 Telecom Ltd telephone network
service is not the same as traditional telephone service. The Service is subject
to different regulatory treatment than traditional telephone service. This
treatment may limit or otherwise affect your rights of redress before any
internet telecoms and telecommunications regulatory agencies.
1.7 Changes to Terms and Conditions
125 Telecom Ltd may change the terms and conditions of this Agreement at any
time. Such changes will become effective and binding once posted on to the
"Terms & Conditions" section of the 125 Telecom Ltd website at
http://www.125telecom.com and no further notice by 125 Telecom Ltd is required.
1.8 Billing
You must use a valid credit card (Visa, MasterCard, American Express or any
other issuer then-accepted by PayPal) when the Service is activated. PayPal is
the 125 Telecom Ltd credit card agent and will bill you for the service. 125
Telecom Ltd reserves the right to stop accepting credit cards from one or more
issuers. If the card expires, you close your account, your billing address
changes, or the card is cancelled and replaced owing to loss or theft, you must
advise 125 Telecom at once. You will be billed all charges, applicable taxes and
surcharges monthly in advance to your credit card, including but not limited to:
activation fees, monthly Service fees, international usage charges, advanced
feature charges, equipment purchases, disconnect fees and shipping and handling
charges. 125 Telecom Ltd reserves the right to bill at more frequent intervals
if the amount due at any time exceeds $50. Any usage charges will be billed in
increments that are rounded up to the nearest minute except as otherwise set
forth in the rate schedules found on the 125 Telecom Ltd website.
1.9 Billing Disputes
You must notify 125 Telecom Ltd in writing within 7 days after receiving your
credit card statement if you dispute any 125 Telecom Ltd charges on that
statement or such dispute will be deemed waived. 125 Telecom Ltd recommends that
you routinely review your online account history to ensure its accuracy. Billing
disputes should be notified to the following address:
125 Telecom Ltd
125 Computadores Lda
EN 125
Mex Grande
Portimao
Algarve
Portugal
1.10 Termination or Discontinuance of Service
125 Telecom Ltd reserves the right to suspend or discontinue providing the
Service generally, or to terminate your Service, at any time in its sole
discretion. If 125 Telecom Ltd discontinues providing the Service generally, or
terminates your Service in its discretion without a stated reason, you will only
be responsible for charges accrued through the date of termination, including a
pro-rated portion of the final month's charges. If your Service is terminated
for any stated reason, including without limitation violation of this Agreement,
or because of any improper use of the Service or Device (such as, but not
limited to, your attempts to hack, disrupt, or misuse the Service or your acts
or omissions that violate any acceptable use policy of 125 Telecom Ltd or of a
third party provider to which 125 Telecom Ltd is subject), you will be
responsible for the full month's charges to the end of the current term,
including without limitation unbilled charges, plus any other outstanding fees,
all of which immediately become due and payable.
1.11 Limitation of Liability
125 Telecom Ltd shall not be liable for any delay or failure to provide the
Service, at any time or from time to time, or any interruption or degradation of
voice quality that is caused by any of the following:
1. act or omission of an underlying carrier, service provider, vendor or other
third party;
2. equipment, network or facility failure;
3. equipment, network or facility upgrade or modification;
4. force majeure events such as (but not limited to) acts of god; strikes; fire;
war; riot; government actions;
5. equipment, network or facility shortage;
6. equipment or facility relocation;
7. service, equipment, network or facility failure caused by the loss of power
to Customer;
8. the outage of Customer's ISP or broadband service provider;
9. act or omission of Customer or any person using the service.
The Service or Device provided to Customer; or any other cause that is beyond
125 Telecom Ltd control, including without limitation a failure of or defect in
any Device, the failure of an incoming or outgoing communication, the inability
of communications to be connected or completed, or degradation of voice quality.
125 Telecom Ltd aggregate liability for (i) any failure or mistake; (ii) any
claim with respect to 125 Telecom Ltd performance or nonperformance hereunder or
(iii) any 125 Telecom Ltd act or omission in connection with the subject matter
hereof shall in no event exceed Service charges with respect to the affected
time period.
1.12 Indemnification
The customer agrees to defend, indemnify, and hold harmless 125 Telecom Ltd, its
officers, directors, employees, affiliates and agents and any other service
provider who furnishes services to customer in connection with this Agreement or
the Service, from any and all claims, losses, damages, fines, penalties, costs
and expenses (including, without limitation, reasonable attorneys fees) by, or
on behalf of, Customer or any third party or user of Customer's Service,
relating to this Agreement, the Services, or the Device. This paragraph shall
survive termination of this Agreement.
1.13 Warranties, or Limited Warranties, for Phones or Devices
If the customer has received the Phone or Device new from 125 Telecom Ltd and
the Phone or Device included a warranty at the time of receipt, the customer
must refer to the separate limited warranty document provided with the Phone or
Device for information on the limitation and disclaimer of certain warranties.
Remedies for breach of any such warranties will be limited to those expressly
set forth in such documentation. If the customer's Phone or Device did not
include a warranty at the time of receipt, the customer agrees that it accepts
its Phone or Device "as is" and that customer is not entitled to replacement or
refund in the event of any defect. The warranty period and service varies by
manufacturer. Any items purchased through a third party and not directly from
125 Telecom Ltd will be subject solely to the terms and conditions of such third
party's return and warranty policies.
1.14 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this
Agreement with any remedy, claim, liability, reimbursement, or cause of action
or creates any other third party beneficiary rights.
1.15 Content
You are liable for any and all liability that may arise out of the content
transmitted by or to you or users using the services. You shall assure that your
or user's use of the services and content will at all times comply with all
applicable laws, regulations and written and electronic instructions for use.
127 Telecom Ltd reserves the right to terminate or suspend affected services,
and/or remove your or users' content from the services if 125 Telecom Ltd
determines that such use or content doer not conform with the requirements set
forth in this Agreement or interferes with 125 Telecom Ltd ability to provide
services to you or others or receives notice from anyone that your or users' use
or content may violate any laws or regulations. 125 Telecom Ltd actions or
inaction under this section shall not constitute review or approval of your or
users' use or content. You will indemnify and hold 125 Telecom Ltd against any
and all liability arising from the content transmitted by or to you or to users
using the services. A "User" means any person, whether authorized or
unauthorized, using the Service and/or Phone or Device provided to you.
1.16 Mandatory Arbitration
Any dispute or claim between the customer and 125 Telecom Ltd arising out of or
relating to the service or phone or device provided in connection with this
Agreement shall be resolved by arbitration before a single arbitrator
administered by the United Kingdom Arbitration Service in accordance with its
Commercial Arbitration Rules. The arbitration shall take place in Wolverhampton
United Kingdom and shall be conducted in English. The arbitrator's decision
shall follow the plain meaning of the relevant documents, and shall be final and
binding. Without limiting the foregoing, the parties agree that no arbitrator
has the authority to: (i) award relief in excess of what this Agreement
provides; or (ii) award punitive or exemplary damages. Judgment on the award
rendered by the arbitrators may be entered in any court having jurisdiction
thereof. All claims shall be arbitrated individually and customer will not
bring, or join any class action of any kind in court or in arbitration or seek
to consolidate or bring previously consolidated claims in arbitration. THE
CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF
ANY RIGHT TO A JURY TRIAL.
1.17 Governing Law
The Agreement and the relationship between you and 125 Telecom Ltd shall be
governed by the laws of the United Kingdom without regard to its conflict of law
provisions. To the extent court action is initiated to enforce an arbitration
award or for any other reason you and 125 Telecom Ltd agree to submit to the
personal and exclusive jurisdiction of the courts located within the City of
Wolverhampton district and waive any objection as to venue or inconvenient
forum. The failure of 125 Telecom Ltd to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or
provision. If any provision of the Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Agreement remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or the
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
1.18 Entire Agreement
This Agreement and the rates for services found on the 125 Telecom Ltd website
constitute the entire agreement between you and 125 Telecom Ltd and govern your
use of the service, superseding any prior agreements between you and 125 Telecom
Ltd and any and all prior or contemporaneous statements, understandings,
writings, commitments, or representations concerning its subject matter. No
amendment to this Agreement shall be binding upon 125 Telecom Ltd unless and
until posted in accordance with the terms and conditions listed on the 125
Telecom Ltd website.
1.19 Severability
If any part of this Agreement is legally declared invalid or unenforceable, all
other parts of this Agreement are still valid and enforceable. Such invalidity
or non-enforceability will not invalidate or render unenforceable any other
portion of this Agreement.
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