1. Acknowledgment and acceptance of terms of use Adonis Voice, herein known as (COMPANY), provides telecommunication services (SERVICE) described in greater detail on our web site to you (END USER) subject to the following conditions: By accessing this site and/or registering or using the SERVICE, the END USER acknowledges receiving, reading and understanding this General Service Agreement (AGREEMENT) and accepts the terms and conditions herein. If END USER does not agree to these Conditions of Use, please do not use our site or the SERVICE. The COMPANY reserves the right, at our discretion, to update or revise these Conditions of Use. Each time END USER logs in or otherwise access this site or use the SERVICE following the posting of any changes to the Conditions of Use, END USER hereby accept these changes regardless of whether END USER have checked or visited the Conditions of Use portion of the site. These Conditions of Use govern the use of our site and our service by viewers and other users.
2. Conduct END USER is solely responsible for actions and the content of your transmissions through or in connection with the SERVICE, it being understood that each employee acts on behalf of any company with which such employee is associated in all actions and submissions on or in connection with the SERVICE. END USER agrees:
The COMPANY, at our 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.
3. Terms of use for free account(s) Where a free account has been provided, the free account is agreed as being for Individual service user only and it is agreed that the service is provided to END USER for your personal, residential, non-business and non-professional use. This means that END USER are not to use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales or any other activity that would be inconsistent with normal personal usage patterns. This also means that END USER not to resell, package with equipment or transfer the SERVICE to any other person for any purpose, or make any charge for the use of the SERVICE, without express written permission from our company. COMPANY reserve the right to immediately terminate or modify the Service, if it is determined, in our sole discretion, that Customer's Service is being used for non-personal or business use.
4. Terms of use for Individual SERVICE Where service is provided as an Individual service, it is agreed that the service is provided to END USER as an individual user, for your personal, residential, non-business and non-professional use. This means that END USER are not to use it 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, fax broadcast, fax blasting or any other activity that would be inconsistent with normal individual usage patterns. This also means that END USER are not to resell or transfer the SERVICE to any other person for any purpose, or make any charge for the use of the SERVICE, without express written permission from our company. END USER agree that your use of the SERVICE provided to END USER by any other person for any business or governmental purpose will obligate END USER to pay the higher rates for business service on account of all periods, including past periods, in which END USER use, or used, the SERVICE for business or governmental purposes. COMPANY reserves the right to immediately terminate or modify the Service, if COMPANY determines, in its sole discretion, that Customer's SERVICE is being used for non-individual or business use.
5. Terms of use for Business SERVICE - Resale, even for free is prohibited For Business SERVICE user, the SERVICE is provided to END USER as a business user. This means that END USER are not to resell or transfer the SERVICE to any other person for any purpose, without express written permission from our company. END USER agree that the Business Plans do not confer the right to use the SERVICE for auto-dialing, 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. COMPANY reserves the right to immediately terminate or modify the SERVICE, if COMPANY determines, in its sole discretion, that Customer's SERVICE is being used for any of the activities mentioned above.
6. Termination/Upgrade/Downgrade of Monthly Calling Plans For Individual and Business 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 the customer. Notice of termination must be in writing via email to our email address of record two days prior to 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 may 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 Our Company.
7. Prohibited Uses Any End User'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. The End User understands that neither us nor our vendors are responsible for the content of the transmissions that may pass through the Internet and/or the SERVICE. The End User agrees that it will NOT use the SERVICE 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 using the SERVICE for its own internal use only, and shall not resell the SERVICE thereof. The SERVICE is for the personal, residential and reasonable business use of the End User only. Such use shall not include certain activities, including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns.
8. Changes to the Agreement and SERVICE COMPANY may change the terms and conditions this Agreement from time to time and at its discretion without prior notice. COMPANY reserves the right to change, suspend or cancel the SERVICE, temporarily or permanently, with or without notice to the End User. COMPANY will not be liable to the End User or any third party in the event that COMPANY exercises its right to modify or discontinue the SERVICE.
9. Services generally 9.1 Brodband Broadband services are subject to availability, cabeling, and service viability. We do not run fair use policies on brodband services. As we do not run term contracts, we do not offer a free modem unless specifically stated in the purchase advertising. Datacaps are monitored for non-unlimited plans and, once reached, are charged at per GB blocks. ADSL/VDSL/Cable is provided on standard copper lines; speed varies depending on distance and quality of these lines to the exchange from your property. Adonis Voice cannot guarantee the speed of the service and the END USER acknowledges that speeds are subject to this limitation. Fibre is subject to installation and availability to your property. Where installation requires cabling, the END USER acknowledges that the installation is subject to regulations and agreement with the installer/provisioning carriers installation agreement. Further, the END USER agrees to prepare, provide, and comply with all lawful requests for the provisioning of the service as set forth by the installer, local regulations, and provisioning carrier. 9.2 Mobile Mobile plans are permanent roaming even when within your home country, so remember to always turn roaming data on in your phones settings. Once active you can roam or stay at home as you please with no changes needed when you travel. Mobile plans do not incur roaming charges, just the normal data usage rates billed to the kb. Adonis Voice provides dual sim phones available for purchase for the few countries with extra high data roaming rates, so check the rates for the country where you are traveling. Adonis voice is supplied via our mobile VoIP service, with failover to standard carrier in the event of network outages. Please see below for Emergency service terms. Alias DID numbers (1 or many) are applied to the mobile account and are subject to the DID provisioning rules below. 9.3 Telephone Numbers and Digital ID's - DID Any DID/Telephone number provided (the Number) to the End User shall be leased and not sold to the End User. The End User shall not obtain any rights, title or interest in the Number. The End User is not to use the Number with any other device other than the approved equipment (the Equipment) without the express written permission of our company. The COMPANY reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the SERVICE, the End User shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the End User by our company. The END USER acknowledges that DID's shall be provided in accordance with the agreed price as advertised on iShopadonis.com and that the END USER shall pay those fees in accordance with the terms of service ordered. Required DID information The END USER acknowledges that they must provide appropriate documentation to support their service location and identity before a DID shall be supplied. The END USER acknowledges that failure to provide the documentation, or the providing of falsified documentation, may result in the immediate cancelation, withdrawal or denial of DID supply.
10. Fees COMPANY does not currently charge any fees to use The Free Internet calling SERVICE. The COMPANY reserves the right to change this policy at its sole discretion without prior notice. The End User is responsible for procuring and paying the costs for any software, hardware, or internet/broadband connection charges necessary to access and use the SERVICE.
11. Payment All paid services new or recurring are prepaid. Your initial use of the SERVICE authorizes us to charge the credit card account number on file with our company, including any changed information given if the card expires or is replaced, or if END USER substitute a different card, for recurring charges. This authorization will remain valid until 30 days after receives your written notice terminating authority to charge your credit card. 11.1. Levelized pay LevelizedPay ‘averages’ your phone costs to smooth out the highs and lows of your bills. With LevelizedPay, you make regular direct debit payments of the same amount. LevelizedPay is based on what you use, so lows become credits to cover the highs. What’s more, you never need to worry about settle-up, as the billing amount is re-calculated every month on a rolling average eliminating the need to settle up annually. Reconciliation will only be necessary if you move service The END USER agrees to pay the sum billed as Levelized on the due date and as calculated. The END USER agrees to reconcile and pay any outstanding sum calculated by the LevelizedPay system on the due date in full if the customer terminates or changes service, service provider, or company.
12. Late/Non-payment COMPANY may terminate your SERVICE at any time in its sole discretion, if any charge to your credit card on file with us is declined or reversed, 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.
13. Billing The SERVICE user must provision us with a valid credit card number (Visa, MasterCard, or any other issuer then-accepted by our company) when the SERVICE is activated. If the END USER wishes to pay by internet banking, they may do so by requesting approval from the COMPANY. The COMPANY reserves the right to stop accepting credit cards from one or more issuers. If the card expires, END USER close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, END USER must advise us immediately. Such billing charges will include monthly SERVICE fees, applicable taxes and any other applicable charges. Monthly SERVICE fees are charged in advance to your credit card, including but not limited to: monthly recurring charges.
14. Taxes END USER are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility 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 Device. Such amounts are in addition to payment for the SERVICE or Devices and will be billed to your credit card as set forth in this Agreement.
15. Technical Support COMPANY provides the End User with technical support at its sole discretion and as limited to the SERVICE and the Equipment provided hereunder. Technical support is rendered from our premise, as available, via email. Support for other applications and uses is not provided or implied.
16. Termination COMPANY reserves the right to, in its sole discretion, suspend or discontinue your access to all or part of this site or the SERVICE, with or without notice. COMPANY will not be liable to END USER or any third party for termination of the SERVICE.
17. Indemnification The End User agrees to defend, indemnify and hold harmless our company, its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages relating to this Agreement or a breach or violation of this Agreement, including reasonable attorneys' fees.
18. Critical Components: EMERGENCY SERVICES
19. Disclaimer of Warranties and Limitation of Liability To the full extent permissible by applicable law, the COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The COMPANY does not warrant that this site, its servers, the SERVICE or e-mail sent from us are free of viruses or other harmful components. The COMPANY will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the COMPANY have been advised of the possibility of such damage. The COMPANY make no representations or warranties of any kind express or implied, as to the operation of this site and/or the SERVICE or the information, content, materials, or products included on this site. The COMPANY makes no warranty that:
The COMPANY will not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to this site and/or the SERVICE. The END USER understands and agree that the use of this site and/or the SERVICE is at your sole risk and discretion and is on an "as is" and "as available" basis. The END USER also understands and agree that END USER will be solely responsible for any damage resulting from the END Users use of this site or the SERVICE, including damage to your computer system or loss of data that results from material or data that is downloaded from this site. Our company is not responsible for the content on the Internet or the World Wide Web not otherwise located on this site. As a convenience to our End Users, COMPANY may provide links to resources that are beyond its control. COMPANY makes no representations as to the quality, suitability, functionality or legality of any sites to which the COMPANY may provide links, and the End User hereby waives any claim he or she might have against our company with respect to such sites.
20. No Consequential Damages In no event shall our company, its officers, directors, employees, affiliates, agents, successors, assigns or any other service provider who furnishes services to the End User in connection with this Agreement or the SERVICE be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the SERVICE, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not COMPANY was informed of the likelihood of any particular type of damages.
21. Remedies for Breach of these Terms by END USER In the event that the COMPANY determines, at its sole discretion, that the END USER have breached any portion of these Conditions of Use, or have otherwise demonstrated conduct inappropriate for our site, the COMPANY reserves the right to:
22. Governing Law This Agreement is governed by the laws of New Zealand and the conflicts of law provisions are hereby modified to facilitate New Zealands Jurisdiction. The End User acknowledges and agrees that New Zealand courts have jurisdiction over this Agreement and customer, and that Hamilton new Zealand is an appropriate place for venue of any litigation, and that all litigation, to the extent possible, shall be in Hamilton New Zealand.
23. Copyrights and Trademarks All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of our company or its content suppliers (the Intellectual Property) and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of our company and protected by law. The END USER may not post to this site, use the SERVICE and/or copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer, any material subject to any Intellectual Property. END USER has the burden of determining whether any information, software, images or any other content on this site is not protected by any Intellectual Property.
24. Linking to the Site The END USER may provide links only to or home page provided:
25. Miscellaneous In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. The COMPANY may assign our rights and obligations under this Agreement, and upon such assignment the COMPANY may be relieved of any further obligation hereunder. This Agreement, and any modifications of this Agreement by our company as provided above, constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of our company, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.
26. Consent to Receive Electronic Documents By accessing this site and using the SERVICE, END USER are agreeing to receive electronic documents, billing reports, statements and records (electronic records) in lieu of paper documents, statements and records from us. Your electronic records may be emailed to END USER to the email account that END USER provide to us, accessed through this site using your Confidential Access Information or otherwise electronically provided to END USER. By accessing this site and using the SERVICE, END USER are also agreeing to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. END USER may request a paper copy of any electronic record that COMPANY send END USER by sending an email request to our company. END USER can also request this by sending a written request to our address of record, ATTN: Electronic Records. END USER will be charged $10.00 for every paper record that END USER request prior to END USER cancellation of consent. END USER can withdraw your consent to receive electronic records from us by sending an email message to email address of record or by sending a written letter. END USER will be charged a $50.00 cancellation of consent fee. This consent applies to all electronic records that COMPANY may send END USER. Your withdrawal of this consent will not affect the legal effectiveness, validity or enforceability of any electronic record that COMPANY provide to END USER prior to the withdrawal of such consent. If END USER changes your email address to receive electronic records, END USER must notify us of your new email address by sending an email or written letter to our address of record.
27. Acknowledgment The END USER represents to the COMPANY that the END USER has the authority and capacity to understands and agree to these Conditions of Use. The END USER acknowledges:
28. Additional Provisions and Included Agreements The END USER agrees to abide by these terms and conditions and those stipulated within our privacy policy, general terms of use, and Acceptable use policy on this site. The END USER confirms that by accepting services from Adonis Voice they/it has read and agreed to these Agreements and that the END USER will be fully bound by the terms set forth therein. 29. Conflict in Agreements The END USER and the COMPANY acknowledge that where a conflict arises within this agreement with any other provision in any other agreement, the agreement shall prevail unless it is specifically stated otherwise. |
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