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By using Divafone Voip Termination, the customer agrees and undertakes: a. to use the service in accordance with these terms and conditions as may be varied by Divafone Voip Solutions either by written notice or by notice published in the national press from time to time. b. to indemnify Divafone Voip Solutions against all liabilities, claims, damages, losses and expenses arising from any breachof the customer's undertakings. §1 In the event that Divafone Voip Solutions service fails to operate and the customer diverts traffic to another carrier, Divafone Voip Solutions will not be responsible for that carrier's charges. §2 Neither party shall be liable to the other in contract, tort or otherwise for any loss of business, contracts, anticipatedsavings or profits or for any other indirect or consequential loss whatsoever provided however nothing shall exclude or limitliability for death or personal injury caused by negligence. §3 Disclosure of account details to persons other than the authorised employees of Divafone Voip Solutions is entirely at thecustomer's risk. §4 The customer shall be liable for all charges and fees arising from the use of the account whether authorised or unauthorised, unless such unauthorised use is solely attributable to an act or omission on the part of Divafone Voip Solutions. §5 Divafone Voip Solutions will use its reasonable endeavours to provide its service to the customer. Divafone Voip Solutions will not be held liable for any charges or damages to the customer should the customer be prevented from accessing Divafone Voip Solutions system. §6 Usage will be charged according to the the rates shown in the current Divafone Voip Solutions price list the customer receives from time to time. These rates can be subject to change with 1 day notice. Divafone Voip Solutions ratechange announcements will be sent by email to the customer's known emailadress. The email will be sent at least one day before the changes take place. Divafone Voip Solutions is not liable for damages resulting from emails which did not reach the customer for whatever reason. On demand of it's customers, Divafone Voip Solutions will authenticate any given IP address to connect to its SIP server. If the given IP address is false or is not uniquely assigned to the customers account by his hosted voip switch provider, Divafone Voip Solutions will not be held liable. §7 Any credit on the customer's account which remains unused within 365 days from the date such credit is made to the account shall expire and will not be refundable. §8 The required minimum initial payment and top up amount is EUR 20 (or such other sum as may be specified from time to time). §9 Any refunds that are authorised will be refunded in the manner in which the payment was made, at the prevailing exchange rate. Divafone Voip Solutions reserves the right to use an alternative payment method where necessary. Any bonus or promotional credit entered on an account shall be non-refundable. §10 These terms and conditions also relate directly to other services Divafone Voip Solutions may offer. §11 Divafone Voip Solutions reserves the right to close an account with a customer for any reason, and subject to clauses 9 and 11. Where exceeding EUR 50 unused credit will be returned. §12 The Customer by continuing to use the service consents to Divafone Voip Solutions sharing customer information with any company affiliated to Divafone Voip Solutions as Divafone Voip Solutions considers necessary for the provision of the service. §13 Divafone Voip Solutions shall have the right to make enquiries as to the credit worthiness of the customer and the customer consents to the disclosure to Divafone Voip Solutions by such parties of information relevant for such purpose. §14 The customer agrees that Divafone Voip Solutions records are conclusive evidence of the customer's use of the service and the charges payable. The customer accepts that use of the direct dial facility by any person making telephone calls from telephone number(s) nominated by the customer shall be deemed to be authorised by the customer and that the customer shall pay any charges arising from such use. §15 If any term or provision, or portion thereof, of this Agreement shall be invalid or unenforceable, to that extent it shall be deemed omitted or omitted to the extent necessary to render it valid and enforceable, the remainder of the Agreement shall remain unaffected and in full force and effect. §16 This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other agreements made between the parties whether written or oral. No waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of any provision of this Agreement. §17 This Agreement may not be assigned in whole or part without the prior written consent of Divafone Voip Solutions. Such consent shall not be unreasonably withheld. Divafone Voip Solutions may assign this Agreement at any time. §18 The termination of this Agreement howsoever arising shall not affect such of the provisions hereof as are expressed to operate or have effect thereafter. §19 Continued use of Divafone Voip Solutions service constitutes acceptance of these terms and conditions. |
