TERMS&CONDITIONS
1. The Service
1.1 FixedPhoneCosts (hereinafter may be referred to as “the Service provider”) is a system that uses Internet network to provide telephone services.
1.2 The Service is provided during a "subscription period" selected by the Customer and begins at the moment of payment confirmation.
1.3 It is acknowledged and agreed that
a. FixedPhoneCosts does not accept responsibility for any interference to the Service as a result of any activity outside of the control of FixedPhoneCosts and FixedPhoneCosts shall not be liable for, and is excused from, any failure or delay due to acts of God, acts of civil or military authority, riots, civil unrest, acts of the public enemy, war or threats of war, accidents, fires, explosions, hurricanes, earthquakes, floods, unusually severe weather, epidemics, strikes or industrial action or any other cause beyond its reasonable control.
b. The Customer has no proprietary or other interest in any telephone numbers if assigned by FixedPhoneCosts
c. The Service is provided for the sole use of the Customer in the course of its business and shall not be resold or used for. Non-observance of this restriction shall be grounds for immediate termination of the Service.
d.The Customer is responsible for obtaining and keeping in good working order high-speed internet access as the quality of the \ service provided is subject to the quality of the high-speed internet access service used by the Customer.
e.FixedPhoneCosts does not provide high-speed internet access services under this Agreement.
f. The Service operates with high-speed internet access. Thus, Customer agrees and acknowledges that FixedPhoneCosts does not guarantee fault-free performance of the Service especially in case of the following circumstances:
i. In case of an electrical power outage;
ii. In case Customer’s high-speed internet access service or other internet service utilized in the provision of the Service, is down;
iii. Where certain firewalls settings of Internet service or other internet service utilized in the provision of the Service prevent the operation or effective operation of the Service ;
iv. Where simultaneous network congestion or data usage affects the Service, such as sound quality;
v. Where interference caused by some other appliance, equipment or signal over which FixedPhoneCosts has no reasonable control affects operation of the Service;
2. FixedPhoneCosts Responsibilities
2.1 Provide the Service by doing the following after verifying payment for Services ordered by the Customer:
a. Assigning a random phone number, if ordered by Customer or migrating the current customer phone number from Customer phone provider into FixedPhoneCosts system, if asked by Customer.
b. To provide a customer with working FixedPhoneCosts box, the power supply and the connection cable. Those items will be shipped to Customer by regular post, after payment verification.
c. To provide a customer with the required support, in case needed, through contact methods indicated in the FixedPhoneCosts Internet site.
d. Providing the Customer the calling credit at the value paid by the customer
2.2 FixedPhoneCosts shall notify the Customer, at least 14 days in advance, by e-mail, of any change to list of countries and calling options (land line and/or mobile lines) included in calling packages. For such purpose, the Customer shall provide to the Company the address of an active e-mail account used and reviewed by the Customer, and the Customer shall be responsible to maintain such account throughout the Term.
3. Customer Responsibilities
3.1 Provide physical connection to Customer’s Internet Network / LAN. Customer’s LAN may include working routers, modems or other devices. It is up to customer to assure at least one unused LAN connection output from previously mentioned devices
3.2 Customer may wish to extend its LAN to new Customer locations requiring new cabling and other equipment. FixedPhoneCosts installation personnel are not responsible to provide these services or to diagnose any malfunctions or service loss.
3.3 The Customer acknowledges that calls can be done only to destinations expressly listed in the table shown under "Our Packages" and only to a land line or/and mobile numbers indicated in this table.
3.4 The Customer acknowledges that calling to countries (either to land and/or mobile lines) not listed in under "Our Packages" and/or to toll-numbers ( i.e. service providers, adult- content providers, etc.) may lead to а premature service termination and / or extra charges. Thus, the Customer acknowledges that in those cases FixedPhoneCosts will not be responsible to a compensation of any kind to the Customer.
3.5 The Customer acknowledges that calls can be done only with a valid calling plan. Thus, it is Customer's responsibility to assure the purchase of a relevan calling plan.
3.6 The Customer acknowledges and accepts to follow the Fair Use Policy (FUP) and specifically:
a. FixedPhoneCosts works to assure all its customers benefit from best calling quality and calling plans at the lowest possible price. The Fair Use Policy (FUP) is created to prevent fraud and abuse the use of FixedPhoneCosts business platform. The Customer acknowledges and accepts this.
b. Subject to this Policy, the UNLIMITED calls allow the Customer to perform unlimited number of calls to land and mobile lines in specific countries indicated in “Our Packages” tab and to a limited number of calls to special mobile numbers as indicated at the time of purchase.
c. FixedPhoneCosts services are valid for individual use only (personal or business communications purposes). Thus, it is strictly forbidden to use the provided service for following practices that would not be considered as Fair Use:
i.To use services for telemarketing purposes
ii.To use services for call center
iii. To resell subscription minutes
iv.To share subscriptions between users
v.To violate usual calling patterns considered as normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time
d. FixedPhoneCosts keeps the right to determine Fair and Legitimate Use of its services and keeps the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Moreover, FixedPhoneCosts may, at its discretion, to terminate the contract with the Customer if Fair Use Policy is violated or misused.
4. Terms and Termination
4.1 The Term of this Agreement begins from the date The Service Start Date shall be the date on which testing of the service is completed and confirmed by email to FixedPhoneCosts
4.2 A minimum "subscription period" is defined as 4 months.
4.3 After the Minimum "subscription period" expires, this Agreement shall continue for additional "subscription period", unless terminated by the customer
4.4 After expiration of the Minimum "subscription period", either party may terminate this Agreement at any time without giving reasons therefor, by giving the other party not less than thirty (30) days prior written notice (including by email) of its intention to terminate.
4.5 Termination of Service by Customer prior to the end of the Minimum "subscription period", for any reason save and except a breach by FixedPhoneCosts of a material term, shall result in payment by Customer of the outstanding charges (including but not limited to any rental charge) which would have been payable for the remainder of the Minimum "subscription period", had the Agreement not been terminated.
5. Service Disconnection
5.1 For the avoidance of doubt FixedPhoneCosts may disconnect the Service immediately if:
a. The Customer fails or is unable to pay any charge for the Service by the final date for payment indicated on the Customer’s bill, including any charge for a service provided by FixedPhoneCosts to Customer as a part of the Service or any other service supplied to the Customer by FixedPhoneCosts;
b. The Customer is using the Service or any other service or facility in violation of the law, or violates the Fair Use Policy
c. FixedPhoneCosts receives complaints or claims from third parties regarding the Customer's use of the Service and FixedPhoneCosts investigates such claims and finds them, in FixedPhoneCosts' discretion, to be valid;
d. Customer fails to comply with its obligations pursuant to this Agreement;
e. Customer becomes insolvent; or;
f. FixedPhoneCosts in its sole discretion decides to do so to protect its equipment, network and/or employees from danger damage or destruction
6. Equipment and Apparatus
6.1 FixedPhoneCosts is responsible for providing the equipment and apparatus to Customer
6.2 Customer must use an ADSL, dedicated internet access (DIA), cable or other high-speed service which has an available Ethernet port.
6.3 All equipment provided by FixedPhoneCost is the property of Customer. Risk in any equipment shall pass to the Customer Costs
6.4 If any equipment provided by FixedPhoneCosts shall be lost, destroyed or damaged after postal shipping then FixedPhoneCosts shall, upon becoming aware of same, and subject to availability, replace the same subject if Customer pays all costs of such replacement.
6.5 Without prejudice to the generality of the foregoing and for the avoidance of doubt it is the customer’s responsibility to use a power guard or UPS for all equipment to protect against damage from electrical surges or outages and any loss of, or damage to, the equipment and apparatus.
6.7 No additional compensation or rebate will be paid under this Agreement.
6.8 FixedPhoneCosts does not warrant the equipment in any manner whatsoever, but shall transfer to the Customer any manufacturer’s warranty on equipment purchased by the Customer.
7. Rates and Charges
7.1 The Customer subscribes to the package described under "Packages" tab. The package is subject to the fees and charges as described FixedPhoneCosts reserves the right to vary the package and/or charges at any time.
7.2 The Customer is responsible for the payment of all charges for the Service, including but not limited to one-time charges and recurring charges.
8. Miscellaneous
8.1 The Customer may not assign or transfer this Agreement or any rights or obligations without the prior written consent of FixedPhoneCosts.
8.2 The Customer indemnifies and holds FixedPhoneCosts harmless against the following:
a. Claims for libel, slander or infringement of copyright arising from material transmitted or recorded over its facilities;
b. Claims for infringement of patent arising from combining with or using in connection with facilities of FixedPhoneCosts any apparatus, technology or system of the Customer;
c. Any breach of a Customer/user password or other security feature for which Customer/user has responsibility to maintain and protect
8.3 Notwithstanding anything contained herein, FixedPhoneCosts shall not be liable for non-performance or unavailability of the service if same is due to or contributed to by any cause beyond the reasonable control of FixedPhoneCosts including but not limited to acts of God, strike, labour disturbance and the act or omission of any other telecommunications carrier or service provider.
8.4 FixedPhoneCosts reserves the right to modify or amend this Agreement. Any such modification shall be notified to the Customer by a notice sent to the Customer’s email address. If the Customer continues to use the service after such notice has been sent, then he/she is deemed to have accepted such modification.