TERMS & CONDITIONS OF USE
The n2nCall Subscriber Agreement
By registering for, activating, testing, making use of, or by paying for n2nCall's services through n2nCall acceptable payment option or through any of it agents or third party "YOU" (hereinafter referred to as "Customer" or "Customers" or "you", and individually referred to as "PARTY" or collectively with n2nCall referred to as "PARTIES") acknowledge and agreed to these terms, and you represent that there is no legal impediment to your entering or being bound by this Agreement.
THEREFORE, THE PARTIES AGREED AS FOLLOWS THAT:
- The Service Provision
n2nCall shall provide wholesale and retails Voice over Internet Protocol (VoIP) service, Interactive Voice Response (IVR) Service, Direct Inward Dialing (DID) Service (hereinafter referred to as the "Service") to customers in accordance with the terms and conditions set forth in this agreement.
- Service Prohibitions
- You are expressly prohibited from using the Service or Equipment for any abusive, spam, unlawful or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for the Service.
- n2nCall, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive. And no refund shall made by n2nCall if the termination is done as regards to the violation of the above prohibitation.
- Payment and Pricing
- Payment for n2nCall's Service is billed on a prepay basis, unless otherwise agreed by both parties for postpaid subject to an additional agreement (hereafter referred to as the "n2nCall Postpaid Carrier Service Agreement") to this terms and conditions of use. On the prepay basis, you agree that our Service will not be provisioned until sufficient prepayment has been made, and that Service may be terminated immediately if sufficient prepayment has not been made. It is your ongoing responsibility to ensure that your account maintains the necessary balance to provision the Service.
- Charges are calculated on a per call at the current rate, billing cycle and increment. Usage of n2nCall's Service will be charged according to the current price list as made available to You. Changes to our pricing shall become effective immediately upon notification, unless you request the discontinue of the Service within 24hrs upon notification.
- You agree that n2nCall may expire any credit that remains unused within 365 days of the credit being applied to your account. Such expiration renders the balance non-refundable, and is performed entirely at n2nCall's discretion.
- Any account balance refund request for already prepaid Service will be subject to a €100 EUR administration charge in addition to any bank charges incurred. n2nCall will not refund any balance that is €100 EUR or less, such balance will be use for adminstrative charges if there is conflict. Based on this Clause, n2nCall will always provide you with FREE TEST Credit to confirmed the Service meet your satisfaction before use and payment.
- Transaction charges incurred by n2nCall will be passed on to the customer at the rates and percentages indicated when the customer adds credit to their account. The customer fully accepts these charges when the credit is added to the customer account.
- n2nCall reserve the right to change the rate of charges at anytime, the acceptance of the new rate is deemed to have been accepted after 24hrs of the notification of the new rate as contained in this Agreement.
- If no prefix is included with call details these calls will be charged in accordance with the default route set on your account.
- Notwithstanding Clause 3.4 above to this Agreement, n2nCall shall refund 100% payment that are not yet prepaid for the Service. And, also shall refund actual amount on the prepaid balance ONLY in the case of complete Service Short Down with no intention to resume the Service.
- Taxes and Additional Charges
- If any local, state, federal, public or quasi-public governmental entity or its political subdivision imposes any taxes, fees, surcharges, or other charges or obligations on n2nCall as a result of n2nCall's sale of Service or Customer?s use of Service, Customer shall pay any such obligations (Additional Charges) and indemnify n2nCall from any liability or expense associated with the Additional Charges. If Additional Charges are assessable to support the federal Universal Service Fund (USF), n2nCall may elect to calculate and charge Customer in accordance with applicable regulations of the government authority having jurisdiction (USF Charges).
- A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 40% (forty percent) is required, and is calculated on total outbound call attempts during any 24 hour period. An Excessive Call Attempt Surcharge of €0.0185 EUR per call will be assessed for all incomplete calls below this threshold ONLY on retail Service.
- A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 50% (fifty percent) is required, and is calculated on total outbound call attempts on a monthly billing basis per unique customer account. An Excessive Call Attempt Surcharge of €0.0185 EUR per call will be assessed for all incomplete calls below this threshold ONLY on retail Service.
- A minimum Average Call Duration (ACD) of two minutes is required in any 24 hour period. In the event Customer?s ACD on an individual account is below the two minute threshold, default billing increments on the customers account will change from one second to the following ONLY on retail Service:
(A) Below two minutes initial billing interval will be six seconds followed by billing increments of six seconds.
(B) Below one minutes initial billing interval will be twelve seconds followed by billing increments of six seconds.
(C) Below thirty seconds initial billing interval will be thirty seconds followed by billing increments of six seconds.
- A minimum Average Call Duration (ACD) of one minute is required in each billing period. In the event Customer?s ACD on an individual account is below the one minute threshold, a surcharge of 100% of the total amount billed to Customer in the billing period shall be assessed ONLY on retail Service.
- If Customer?s total Short Duration Calls (defined as all calls with a duration of 6 seconds or less) is more than 10% (ten percent) of total calls during a monthly or other billing period shall be assessed a Short Duration Surcharge of €0.0279 EUR per call for all Short Duration calls on retail Service.
- Notwithsatanding Clause 3.2, 3.3 and 3.4 above, wholesale billing increment, interval or cycle shall be based on a given route and shall remains as agreed upon by the Customer.
- Measuring Usage
- You agree that n2nCall's records are conclusive evidence of your use of the Service. Furthermore, you acknowledge that these records will be used to calculate charges incurred.
- You accept that any use of the service originating from the IP addresses you nominate or your assigned telephone number shall be deemed to be authorised, and that you will pay any charges arising from such use.
- Any request for a billing adjustment must be made in good faith within thirty (30) days of invoice receipt through a Written Dispute Notification.
- For the purpose of this Agreement, a Written Dispute Notification means an email message that must include the following information:
(A) Disputed destinations (route description).
(B) Amount of total dispute.
(C) Dispute type (e.g. rate, minute, or code).
(D) If rate dispute, the claimed rates for each disputed destination.
(E) If minute dispute, the claimed minutes and associated call detail records for each disputed destination.
(F) If code dispute, the claimed codes and associated rates for each disputed destination.
- Emergency Call
- By using n2nCall Service you acknowledge that n2nCall does not offer E911 services as part of any existing product or service. Furthermore, n2nCall does not offer termination through its rate decks to 911 emergency services phone numbers. n2nCall DIDs do not hold any information that would help identify you or your users to emergency services.
- Your use of n2nCall products and/or Service represents your agreement that you have alternative E911 services in place for you and your users.
- Your Responsibility
You agree to be held fully responsible for all use of and fees related to your account, and accept full liability and responsibility for the actions of anyone who uses the site or service via your account, whether authorised or unauthorised, except when unauthorised use is solely attributed to an act or omission on the part of n2nCall.
- Regulatory Issues
- n2nCall makes no representations or warranties that the FCC, PUCs, any type of government body, whether federal, state (provincial) or local, or any underlying providers WILL NOT make any changes to existing laws and/or tariffs that could impair n2nCall's ability to deliver Service to Customer.
- You agree to comply with ALL the regulatory requirements of your originating traffic to our n2nCall Network.
- Liability & Indemnification
YOU AGREE TO INDEMNIFY n2nCall AND ITS AGENTS, AND HOLD THEM HARMLESS FROM ANY CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT. YOU AGREE NOT TO HOLD n2nCall OR ITS AGENTS LIABLE FOR ANY LOSS OF BUSINESS, CONTRACTS, SAVINGS OR PROFITS, OR ANY OTHER DAMAGES OR LOSSES (DIRECT OR CONSEQUENTIAL) TO THE EXTENT THAT n2nCall'S LIABILITY CAN BE LIMITED BY LAW.
- Term and Termination
- The terms of this agreement shall come into effect immediately upon registering for, activating, testing, making use of, or by paying for the Service and shall continue until the termination of this Agreement.
- n2nCall may terminate this Agreement at any time for any breach of these terms or any applicable policy to this Service. No reimbursement for any fees charged in connection with n2nCall's Service shall be issued for such a termination.
- Any provision of this Agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.
- Should a provision of this agreement be found to be invalid or unenforceable, or should n2nCall choose to waive any provision contained herein, you agree that the remainder of the Agreement remains unaffected and in full force.
Customer is solely responsible for the operation of its own business, for complying with any applicable legal and regulatory provisions and for applying and obtaining the required license(s). n2Call does not gurantee that the Service will be provided without error, interruption or any technical issues, and are therefore, recommends its customers to seek advice on any legal and regulatory obligations and restrictions before using the Service.
This agreement was last updated 14:00 (GMT) on Monday September 26th, 2016.