Use of service and device.
The following requirements apply to the use of our Services:
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Customer will not use the Service for any purpose that is unlawful, abusive, intrusive on another's privacy, harassing, libelous, defamatory, threatening or hateful, or in any other way that would violate any applicable governmental law.
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Customer may not offer the Service, Device or any part thereof for sale or transfer to another person or entity
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Ifoon offers the Service only to consumers located in Belgium. While the Service may be used to make and receive international calls, we do not represent that the use of the Service is appropriate in locations outside Belgium. If you choose to use the Service from outside the Belgium , you are responsible for compliance with any and all governing foreign and local laws. (Or you can contact our local branch offices in your country) |
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Customer may not reverse engineer, distribute, publish, display, modify or in any way exploit the configuration parameters, which we provide as a means to access the Service.
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Customer may not use the Service for telemarketing, broadcast fax, or to deliver unauthorized or unsolicited advertising, promotional materials or solicitations.
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Customer acknowledges that the Device and any embedded software or firmware is exclusively for use with the Service.
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Customer agrees not to perform a factory reset of the Device |
Service and availability
Customer understands and agrees that the service offered to him by Ifoon is dependent on availability of broadband Internet connection and power.
Customer acknowledges that the Service does not function in the event of power failure and/or fully functional broadband connection to the Internet (which is not provided by Ifoon) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Ifoon terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature. Should Ifoon suspend or terminate your Service, the Service will not function until such time as Ifoon restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).
Customer acknowledges that Ifoon is not responsible for the lack of service for above reasons.
Theft
Customer is responsible for cancelling his Service if the Device is lost or stolen, or if customer become aware that the Service provided to you is being stolen. Failure to do so may result in additional charges to you. Ifoon is not liable for any losses that customer may incur.
Payment and Invoice Conditions
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Customer agrees to accept the invoice sent via email on PDF format.
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The Customer shall pay a monthly fee of his selected price plan in advance.
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Ifoon shall issue a monthly invoice at the end of the month by email. All rates are in Euro and inclusive VAT.
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Customer will pay the invoice raised for his communication within 1 week from the date of invoice. |
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If the invoice is not paid by 10 th day of the month (10days from the date of invoice), Ifoon shall be entitled to suspend its outgoing services with immediate effect. The Customer cannot hold Ifoon liable for any damage that occurs from the suspension of the service following the failure to pay. Therefore for all clarity: if the invoiced and delivered services exceed the amount on the customer’s account (cash guarantee or bank guarantee) or credit limit, whichever is higher, Ifoon will have the right, without prejudice to any other right, to suspend the delivery of the service with immediate effect until all the outstanding amount is paid.
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During the period of suspension of outgoing services customer will still be able to receive incoming calls.
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If the customer still fails to pay his dues for another period on 21 days his service will be terminated and an activation fee of 20 Euro will be charged to re-enable the service.
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The dispute of an invoice by the Customer shall be without prejudice to the right by Ifoon to expect payment for the invoice in full.
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If the Customer shall dispute the charges, he shall notify Ifoon in writing as soon as is reasonably practicable, identifying clearly the disputed part of an invoice and the reasons why it is challenged.
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Without prejudice to any of its rights, Ifoon may charge costs incurred in collecting amounts due for payment. In addition hereto Ifoon may from the date on which the Customer was in default charge a penalty interest of 12% per year from the date of payment due until full payment is received.
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Information Provided by Users
Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. Ifoon is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit via our Service or Site.
Limitation of liability
Neither party shall be liable to the other party for any:
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Loss of profits, loss of anticipated savings, loss of business, loss of opportunity, loss of revenue, loss of time, loss of goodwill or injury to reputation, or loss of or harm to data (including corruption to and reinstatement of any data), punitive damages, or losses suffered by third parties, regardless of whether such loss is direct, indirect, special or consequential; or
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Indirect, consequential or special loss whether or not the other party knew of the circumstances giving rise to such loss, arising out of or in connection with this Contract.
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Subject to pay the Charges, each party's maximum aggregate liability whether in contract, tort (including negligence) or otherwise, arising out of or in connection with the performance by a party under this contract or the breach of such parties’ obligations under this Contract shall not exceed the maximum aggregate amount of the monthly invoice to cover: Direct loss of or damage to the tangible property.
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Each party acknowledges and agrees that in no circumstances will compensation be payable under this Contract for failure by one party to provide the Services in accordance with this Contract or at all. Each party's sole and exclusive remedy for any such failure by the other party shall be to suspend or terminate the Services under this Contract .
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Notices
Except in cases where the Contract makes express provision otherwise, any notice given under this Contract shall be sent or delivered according to the contact information (see contact information).
Any notice shall be deemed to have been received, under the condition that the above mentioned dedicated persons, numbers and email addresses are used :
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if sent by fax (facsimile transmission), when sent; |
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if sent by e-mail, when sent;
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if delivered by hand (including courier), when delivered; |
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if sent by regular mail (post), 5 working days after posting, or if sent in the same country 2 working days after posting. |
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In proving posting it shall be sufficient to show that the envelope containing such notice was properly addressed, stamped and posted. |
Force majeure
Except for the Customer’s obligations to make payments hereunder, neither Party will be responsible for failure to fulfil its obligations under the Contract due to events of force majeure or due to events beyond its control or due to causes beyond its sub-contractors' control.
The events are in no way limited to; partial or total strikes (either internal or external), lock-out, inclemency, epidemic, blockage of means of transport or of supplies for whatever reason, earthquake, fire, storm, flood, water damage and governmental or legal restrictions (Art 1148 Code Civil Belgium).
Term of the Contract
This Contract shall enter into force when duly signed by the Parties with duration of 12 months.
Each Party shall have the right to cause this Contract to be terminated at any time by giving the other Party written notice (registered letter) of one (1) month.
Notwithstanding this Contract may be terminated :
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By either Party immediately upon written notice if any of the other Party should become insolvent or starts negotiations about composition with its creditors or a petition in bankruptcy should be filed by or against it or it makes an assignment for the benefit of its creditors; or
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The Customer fails to make payments when due; or
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Commits a breach of any of the terms of this Contract (other than a breach of the payment obligation as addressed above)
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Governing Law and forum.
The Contract shall be governed and construed in accordance with the substantive laws of Belgium. In case of disputes, only the courts of Antwerpen are Valid.
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Contact information
Ifoon
Attn: Legal Counsel
Leerkens 5
2600 Berchem, BELGIUM
Email:sales@ifoon.com
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IN WITNESS WHEREOF :
This Contract is written, accepted and signed in duplicate by their duly authorised representatives.
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Date : |
Date : |
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Title : |
Title : |
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Ifoon BVBA |
Customer |
Disclaimer
This Disclaimer should be signed by the ‘Customer’ in order to receive geographical Telephone number from Ifoon
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The Customer understands and agrees that the geographical number will be assigned to the address provided by the Customer.
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The Customer understands and agrees that the Telephone number assigned should not be moved from the address it is assigned without expressly informing Ifoon at least 15 working days in advance about the change of address.
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Customer agrees to follow the guidelines placed by BIPT for any such move.
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The Customer understands and agrees this telephone number is not used for roaming services.
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The Customer agrees that if the IP phone/Gateway is moved to another location, he would do it at his own risk and indemnifies Ifoon from all the legal and/or and sort of damages / losses caused by such move.
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The Customer agrees that the emergency services will not work as the phone is moved to a different location and Ifoon is not responsible for any costs, liabilities, damages including personal harm and death that may arise from such move of the geographical number to a different location.
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