Terms & Conditions

Contract Terms & Conditions of Voiceall Communication.

Voiceall Communication services do not support 999, 911, 112 or any other emergency or public services calls. Customer's are strictly advised to use a standard PSTN telephone line of their respective location of coutnry for calling emergency services or any other public services.

1. DEFINITIONS

   In this contract the following terms have the definitions shown next to them:

   1. "Voiceall" a brand / tradename owned and operated by Voiceall Communications.
   2. "ATA, IP Phone, Softphone, IP PBX" these are IP telephony devices / software used by end customer as per the usage guide.
   3. "Usage Gide" the document detailing on how to use Voiceall Services, which can be seen at www.voiceall.com/usage_guide.
   4. "Call" a signal, message or communication.
   5. "Calling Card" a service offering long distance outgiong calls.
   6. "Conditions" these terms and conditions for Voiceall Communicaitons.
   7. "Contract" these conditions and prices. This contract begins on the date that Voiceall accepts the customer's request for the service
   8. "Customer" the person or organisation or a group with whom Voiceall contracts to provide the service.
   9. "Customer Equipment" equipment that is not part of Voiceall's network infrastructure and which the customer uses as per the usage guide.
   10. "Customer Information" the information, which the customer provides to Voiceall when registering for the service.
   11. "Hosted Telephony" a service offering the functionality of a class 5 PBX, hosted and managed by Voiceall
   12. "Incoming Numbers" a service offering geographic, non-geographic and toll free telephone numbers from various countries.
   13. "Minimum Period" the minimum contract period (3months) as mentioned in the price list or product information.
   14. "On-Net" a call, which is with in the Voiceall network and does not use any chargeable carrier route.
   15. "Pay Monthly" a service offered on a subscription basis where a customer pays a monthly rental for using the service.
   16. "PC / Laptop" a customer owned personal computing device used by the customer to use Voiceall service as per the usage guide.
   17. "Place / Premises" the place at which Voiceall agrees to provide the service
   18. "PIN Less Dialling" is a feature used for making calls with the need or a PIN via the access number by registering customers mobile or landline numbers.
   19. "Price List / Rate List" the document or web pages containing a list of Voiceall charges and terms that apply to the service.
   20. "Service" the facility to make or receive a call or both using Voiceall serivce as per the usage guide
   21. "User ID / Customer ID" the identification number provided to the the customer by Voiceall for the purpose of provision of the service.
   22. "VoIP" a protocal and the procedure to make calls using broadband internet connection as the mode of communication.
       
       
2. PROVIDING THE SERVICE
   1. Voiceall will provide the service by the date agreed with the customer. Voiceall does not have any Premise geographic restriction on from where the serivce can be used. Voiceall will send an account activation email and guidelines to use the service as per the usage guide.
      
      
   2. In order for Voiceall to provide the service, the customer will need to:
      1. provide Voiceall with details of its billing address and a proof of address
      2. provide with proof of card ownership, if payments being made using a debit or credit card
      3. have a suitable enabled broadband connection for VoIP calls
      4. provide mobile or landline numbers for PIN Less dialling
      5. have a suitable ATA, IP Phone, Softphone or WiFi phone as per usage guide.
         
   3. Voiceall aims to provide a continuous uninterrupted service. While using VoIP, the serivce may be interrupted by, the upload and download of data and /or the making and receiving of simultaneous calls using the same broadband connection, while using customer's mobile via access number, the serivce may be interrupted by, the lack of mobile signal coverage or by other circumstances beyond reasonable control.
   4. Occasionally, for operational and maintenances purposes Voiceall may have to interrupt the service or change the incoming numbers given to the customers. Voiceall will restore the interrupted service as quickly as possible.
   5. The ability to make 999, 911, 112 or any emergency calls is not supported by Voiceall. Customers are strictly adviced to keep or use a standard PSTN line for calling emergency services, local directory assistance or any other public services. Voiceall provides only long distance calling, incoming numbers and hosted telephony service.
   6. While using VoIP the service will not work in the event of power failure or broadband connection failure.
   7. Where necessary Voiceall may take instructions, advice from persons, government agencies, third party companies, in acting with the customer's permission.
   8. Voiceall Pre-Pay / Calling Card service is provisioned on terms of pre payment only. Customer is expected to make a payment before the service is provisiond, Customer is expected to check the latest price list for current running prices, a copy of an updated price list can also be obtained by sending a request to support@voiceall.com. Voiceall Pre-Pay / Calling Card service does not inolve any fixed term contract.
   9. Voiceall Pay Monthly / Monthly Plans service is provisioned on terms of subscription where a customer pays a monthly rental for using the service. Month rental is charged every month with one month in advance. Customer is expected to check the latest price list for current running prices, a copy of an updated price list can also be obtained by sending a request to support@voiceall.com. Voiceall Pay Monthly / Monthly Plans service involves a fixed one month rolling contract. By registering for Voiceall Pay Monthly / Monthly Plans service customer agrees to a terms of fixed one month contract. Fixed one month contract will roll on to the next following month until unless a cancellation request is received from the customer or Voiceall issues a termination notice as per this contract.
   10. Voiceall Unlimited Plans is a service, which is a part of Voiceall Pay Monthly / Monthly Plans service and is provisioned as per terms set out in this contract for Pay Monthly service. Unlimited Plans are subjected to a fair usage policy. If during any monthly billing cycle customer exceed the fair usage limits set out below we may terminate the service immediately or, at our sole discretion if we consider it appropriate, we may suspend your service and offer you an alternative monthly plan applicable to your usage. If having offered you an alternative you do not agree to move to the new monthly plan we reserve the right to terminate your service immediately.
   11. Fair Usage Policy applies to all Unlimited Plans. The following fair usage limits (with the exception of any specific monthly plans listed) apply to all unlimited monthly plans, including those pre-dating the current version of this Fair Usage Policy. The service is subject at all times to a limit of an average of more than 1 hour of out going calls per day, 2100 minutes in aggregate during each monthly billing cycle for outgoing inclusive calls to international countries specified in your unlimited monthly plan . Calls between Voiceall on-net customers are excluded from this policy.
   12. Voiceall Incoming Numbers service is provisioned on terms of subscription where a customer pays a monthly rental for using the service. The rental is charged every quarter (3 months) with a quarter (3 months) in advance. Customer is expected to check the latest price list for current running prices, a copy of an updated price list can also be obtained by sending a request to support@voiceall.com. Voiceall Incoming Numbers service involves a fixed one quarter (3 months) rolling contract. By registering for Voiceall Incoming Numbers service customer agrees to a terms of fixed one quarter (3 months) contract. Fixed one quarter (3 months) contract will roll on to the next following quarter until unless a cancellation request is received from the customer or Voiceall issues a termination notice as per this contract. This service includes a telephone number. The customer does not own any number nor has any right to sell or to agree to transfer number provided by Voiceall.
   13. The customer may only access the service as per the usage guide and must not attempt to circumvent any security measures.
       
       
3. MANAGING THE SERVICE
   1. Voiceall will use all reasonable endeavours to correct any reported fault as soon as reasonably practicable
      
4. MONITORING CALLS
   1. Voiceall monitors and records calls relating to customer services. Calls will be monitored and recorded if requested by any court of law or a legal governing body.
5. CUSTOMER EQUIPMENT
   1. If the customer wishes to connect customer equipment to Voiceall Network other than as set out in the usage guide, the customer takes full responsibility of the out come which may prevail. Voiceall does not take any responsibility or guarantee, any customer equipment or the prevailing results of usage of the customer equipment.
   2. Any customer equipment must be techincally compatible with Voiceall services and should not harm Voiceall Network or another customer's equipment.
   3. Customer equipment should be used in line with any relevant instructions, standards or laws.
   4. The customer must ensure that any PC / Laptop, data, customer equipement used in connection with Voiceall service is secure and protected from any risks.
6. MISUSING THE SERVICE
   1. Nobody must use the service
      1. to make offensive, indecent, menacing, nuisance or hoax calls
      2. fradulently or in connection with a criminal offence
      3. to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene, menacing or in breach of copyright, confidence, privacy or any other rights
      4. to cuase annoyance, inconveience or needless anxiety
      5. to span or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party
      6. in any way which Voiceall's opinion is, or likely to be detrimental to he provision of the service to the customer or any Voiceall's other customers
      7. in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in a way that does not comply with any instructions Voiceall has given to the customer.
      8. The customer agrees to take all reasonable steps to make sure that this does not happen. The action Voiceall will take if this happens is explained in section BREACH OF THIS CONTRACT. If a claim is made against Voiceall because the service is misused in this way, the customer must reimburse Voiceall in respect of any sums Voiceall is obliged to pay.
7. SECURITY
   1. The customer is responsible for the security and proper use of all customer ID's, passwords, PIN's and must take all necessary steps to keep the information confidential, secure, used properly and not disclosed to unauthorised people.
   2. Customer must inform Voiceall of any changes to customer information, lost, stolen or likely to be used in an unauthorised way, the customer will be responsible for any charges incurred until the customer has informed Voiceall.
      
8. INTELLECTUAL PROPERTY RIGHTS
   1. Where software is provided to enable the customer to use the service, it is provided for the customer's own use and Voiceall grants, a non-exclusive, non-transferable licence to use the software for that purpose. Customer must not sell, transfer, assign or sub-license such software to anyone else. Copyrights, trademarks are own by their respective owners where mentioned. Customer agrees to accept sign any agreement reasonably required by the owner of the copyright to protect the owner's interest.
   2. The customer will not with out Voiceall prior written consent, copy, decompile or modify the software, nor copy the user guide or any other manuals or documentation.
9. INTELLECTUAL PROPERTY RIGHTS INDEMNITIES
   1. Voiceall will indemnify the customer against all claims and proceeding arising from infringement of any intellectual property rights by reason of Voiceall's provision of the service to the customer. Customer must:
      1. notify Voiceall promptly in writing of any allegation of infringement
      2. make no admission relating to the infringement and allow Voiceall to conduct all negotiations and proceeding and give Voiceall reasonable assistance in doing so.
      3. allow Voiceall to modify the service or any part of the service, so as to avoid the infringement, provided the modifications does not affect the performance of the service.
   2. The indemnity in this paragraph 9 does not apply to infringements caused by the use of the service in conjunction with other equipment, software not supplied by Voiceall. The customer will indemnify Voiceall against all claims, proceeding and expenses arising from such infringements
10. CHARGES
    1. Customer agrees to pay all charges for the service as shown in the price list or as published on the relevant product pages (www.voiceall.com)
    2. Rental charges will normally be billed monthly and quarterly as per the monthly package.
    3. Paper invoices are not provided, a call detail record is provided in the customer's own login area.
    4. Customer agrees to pay all charges, until and unless a written request via email is received 7 days before the billing date. Charges have to be payed on the billing date for the service used or unused by the customer or someone else.
    5. In some cases customer may need to pay a deposit before or after the service is provisioned.
11. CANCELLATION AND ENDING THIS CONTRACT
    1. The customer may cancel this contract or any part of the service at any time before Voiceall provides the service. In this event customer must pay Voiceall for any work done or money spent in getting ready to provide the service.
    2. This contract can be ended by
       1. the customer on seven days written notice to Voiceall before the billing date. All notices have to be served via email from customers registered email address as mentioned in the customer informaton.
       2. Voiceall on one month's written notice to customer. All notices will be served via email to thecustomers registered email address as mentioned in the customer informaton.
    3. If this contract ends, Voiceall will refund any money owed to the customer, after first deducting any money the customer owes to Voiceall under this contract or any agreement Voiceall has with the customer.
12. BREACH OF THIS CONTRACT
    1. Voiceall can suspend the service or end this contract (or both) at any time without notice if any of the following applies:
       1. the customer breaches this contract or any other agreement the customer has with Voiceall and fails to put right the breach within a reasonable time of being asked to do so;
       2. Voiceall reasonably believes that the service is being used in a way forbidden by this contract
       3. bankruptcy or insolvency or liquidation proceedings are bought against the customer; or if the customer does not make payment by the billing date.
    2. If the service is suspended, Voiceall will inform the customer what needs to be done before the service can be restored. However the customer must continue to pay the charges or monthly rental charges whilst the contract continues.
    3. If either party delays in acting upon a breach of this contract that delay will not be regarded as waiver of that breach. If either party waives a breach of this contract that waiver is limited to that particular breach.
13. LIMITS OF LIABILITY
    1. Except in respect of death or personal injury caused by Voiceall's negligence, Voiceall will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Voiceall's employees or agents or otherwise) in connection with the performance of this contract or with use by the customer of the service provided.
    2. Voiceall cannot guarantee that the service will never be faulty. Voiceall is not liable to the customer for any loss of business, revenue, profit or expected saving, wasted expense, financial loss or data being lost or corrupted or for any loss that could not have been reasonably foreseen.
14. MATTERS BEYOND VOICEALL RESONABLE CONTROL
    1. Sometimes Voiceall may be unable to do what it has agreed because of something beyond its reasonable control. If this happens, Voiceall is not liable to the customer
15. RESOLVING DISPUTES
    1. Voiceall will try to resolve any disputes with the customer. However, if the parties cannot agree, the customer may refer the dispute to any recognised dispute resolution service in their respective country.
16. CHANGES TO THIS CONTRACT
    1. Voiceall can change the conditions, charge at any time. A latest copy can be obtained at www.voiceall.com or by send a request to support@voiceall.com.
17. NOTICES
    1. If the parties need to write to each other they must do so as follows:-
       1. to Voiceall at support@voiceall.com
       2. to the customer, to the email address registered under customer information.
18. ENTIRE AGREEMENT
    1. This contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.
    2. The parties acknowledge and agree that:-
       1. the parties have not been induced to enter into this contract by any representation, warranty or other assurance not expressly incorporated into it; and
       2. in connection with this contract the only rights and remedies of the parties in relation to any representation, warranty or other assurance are for breach of this contract and that all other rights and remedies are excluded.
    3. Nothing contained in paragraph 20 above shall affect the rights or remedies of the parties in respect of any fraudulent misrepresentation.