1. INTRODUCTION
These Terms of Service constitute the agreement between IXO Systems Ltd., a Finnish limited company having its address at Jousitie 10 A 4, 06150 Porvoo, Finland, Business Identity Code 1962745–2. And the user of the IXO Systems products or services. IXO Systems is also referred to as "we" or “us”, and the user is also referred to as “you” or "customer". BY ACTIVATING OR USING OUR PRODUCTS OR SERVICES, YOU REPRESENT THAT YOU HAVE READ AND FULLY ACCEPT THIS TERMS OF SERVICE AGREEMENT.
2. NO EMERGENCY CALLS
The service rendered under these Terms of Service do not support emergency calls and may not include some features common for the primary telephony service in the country where the service is being used.
3. SERVICE
3.1 Service distinctions Our service is not a telecommunications service. Our service is subject to different regulatory treatment than a telecommunications service. Our service requires a high-speed broadband connection. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service. 3.2 Residential use of service If you subscribe to our residential service plans, we provide you with service and the device solely for normal residential, non-commercial use. 3.3 Business use of service If you subscribe to any of IXO business services, we provide our services and the devices to you solely for use as a business user, except as expressly provided otherwise in a written partnership agreement between you and IXO. 3.4 Changes to service plans All our service plans include terms and conditions such as monthly service allowances and features, and the charges associated with those allowances and features, all as described in the materials made available to you on your subscription date. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, by e-mail, or other communication permitted under applicable law.
4. LENGTH OF SERVICE
4.1 Service term We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (for example, one month or one year). Your first service term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. Your service will continue until canceled by you or by us as provided for herein. The obligations of this agreement begin on your subscription date and are indefinite. 4.2 Automatic renewal Your service term automatically renews for the same term unless you send us an e-mail to request@izivox.com to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term. 4.3 Our right to disconnect We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice in cases including but not limited to unlawful or inappropriate use of the service or devices purchased from IXO, violation of laws or regulations, non-payment of charges, reselling of the service with no appropriate contract with IXO, or other customer activities resulting in violation of applicable laws, regulative orders, or either causing or attempting to cause damage to IXO or to a third party. 4.4 Fees upon disconnection (a) Disconnection by you. If you attempt to disconnect service before the end of your current service term, you will be responsible for all the charges for your current term, including unbilled charges. (b) Disconnection by us. If we discontinue service generally, or disconnect your service without a stated reason, you will be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges.
5. FEES AND TAXES
5.1 Fees and charges We publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. We reserve the right to bill you more frequently if you owe us more than 50 euro or its equivalent. 5.2 Billing increments We bill usage charges in full second increments, unless we state otherwise in the rate schedules on our website. We bill fractional usage charges in full euro cents. We round up euro cents when the value is 0.005 euro or more and down when the value is less than 0.005 euro, unless we state otherwise in the rate schedules on our website. 5.3 Taxes 22% value-added tax (VAT) of Finland applies to the services and customer devices purchased from IXO by EU-located customers with no VAT registration number. National or local taxes in certain countries may apply as well.
6. REFUND POLICY
6.1 Refund request If you wish to ask for a refund, you must send an e-mail to us with your request to request@izivox.com . We will not accept any requests for a refund that is not e-mailed to this address. 6.2 No credit for prepaid services IXO will neither credit nor refund any service fees or any other amounts you pay for any prepaid services. 6.3 No credit for non-usage or misdialing Neither non-usage of the service nor misdialing while using the service entitle you to a credit for, or refund of, any portion of a payment made to us.
7. PROHIBITED USES
7.1 Lawful purposes only You may use our service and your device only for lawful, proper and appropriate purposes Except as expressly provided otherwise in a written partnership agreement between you and IXO, you shall not use our service or your device for - auto-dialing - continuous, or extensive call forwarding - inbound/outbound centralized or distributed call center activity - telemarketing (including charitable or political solicitation or polling), or - fax or voicemail broadcasting or blasting. In addition, you shall not use our service or your device to - impersonate another person - send bulk unsolicited messages - use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our service or use any automated means to manipulate our service - use our service to violate any law, rule, or regulation - violate any third party's intellectual property or personal rights, or - exceed your permitted access to our service. 7.2 Monitoring We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement. 7.3 Providing information to authorities and third parties If we believe that you have used our service or device purchased from IXO for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. In addition, we may disclose your personal information in response to law enforcement or other governmental agency requests. 7.4 No transfer of service You may not resell or transfer your service or your device purchased from IXO or provide a telephone service to anyone else by using your IXO service or your IXO service features without first getting our written consent. 7.5 No alterations or tampering If you copy or alter the firmware or software of the device in any way that facilitates a compromise of your service, you are responsible for any charges that result.
8. LIMITATION ON WARRANTIES, INDEMNITY
8.1 No warranties on service Except as expressly provided otherwise in a written agreement between customer and IXO, any services, products or materials ordered, downloaded, purchased or used in connection with our services, are provided on an 'as is' basis and are thus without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, IXO disclaims all warranties, either expressed or implied including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, IXO does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, thus the above exclusion may not apply to all customers. In no event shall total liability of IXO to customer for all damages, losses, and causes of action exceed the amount paid by customer for purchasing any materials or products. 8.2. Indemnity You hereby agree to indemnify and hold IXO and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of the use of our services and the content customer submits, posts to, or transmits through the IXO-related Internet sites, or end-user violation of this Terms of Service.
9. GOVERNING LAW
By ordering or using IXO services and products, you agree that all matters relating to the use of our services and products, as well as this Terms of Service shall be governed by the laws of Finland, without giving effect to any principles of choice of laws. Any and all disputes arising from the use of our services and this Terms of Service shall be settled in the District Court of Helsinki, Finland.
10. FORCE MAJEURE
Neither customer nor IXO shall be responsible or liable for any failure to fulfill the obligations arising from the present contract at all or in a timely manner, as the result of any instance of force majeure as commonly defined by law. Any financial incapacity on the part of customer that prevents the customer from paying all costs and expenses arising from IXO services shall not be deemed an instance of force majeure.
11. PRIVACY
IXO uses the public Internet and third party networks to transmit voice and other communications. IXO is not liable for any lack of privacy, which you may experience from using our service. Please refer to our Privacy Policy for additional information, such as how we use your information.
12. COPYRIGHT AND TRADEMARK
Our materials, services, logos, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions.
13. CHANGES TO THIS TERMS OF SERVICE
We may change the terms and conditions of this Terms of Service from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning IXO, including changes to this agreement. We may give you notice of a change by posting the change on the home page of www.izivox.com , on your account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. In case you do not wish to accept a new version of the Terms of Service, you may choose to terminate the service by sending a termination e-mail request via the web site contact page.
14. TERMS AND CONDITIONS OF USE OF THE WEBSITE
IXO Systems Oy Web Site is an on-line information and communications service provided by IXO Systems Oy. By using this site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to them do not use the site or download any materials from it.
15. LIMITED USE
The contents of IXO Systems Oy Web Site pages are Copyright © of IXO Systems Oy. All rights reserved. Part or all of the contents of IXO Systems Oy Web Site pages cannot be copied, reproduced, transferred, uploaded, published or distributed in any way without IXO System's prior written permission, except that IXO Systems Oy allows you to store on your computer or print copies of extracts from these pages for your personal use only. The trademarks and logos displayed on this Web Site are the property of IXO Systems Oy. They cannot be used on a Web Site other than the IXO Systems Oy Web Site without the prior written consent of IXO Systems Oy. The IXO Systems Oy name or any trademark including the trademarks IZI VOX, IZI CONF cannot be incorporated into an Internet Address without the prior written consent of IXO Systems Oy.
16. DISCLAIMER
The information on this Web Site is provided in good faith and IXO Systems Oy believes it to be accurate. IXO Systems Oy will not under any circumstances be liable for any loss of income, profit, business, contracts or goodwill or any indirect or financial loss suffered by a party, whether arising in contract, negligence or otherwise. The information on this Web Site may include technical inaccuracies or typographical errors. Information may be changed or updated without notice. IXO Systems Oy may also make improvements and/or changes in the sections of this Web Site without notice.
17. LINKS
IXO Systems Oy assumes no responsibility for material created or published by third parties that IXO Systems Oy Web Site pages have a link to. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all measures against viruses or other destructive elements. Links do not imply that IXO Systems Oy sponsors or is affiliated with any entity whose products for services are described thereon.
18. INFORMATION FROM YOU
Any materials sent to IXO Systems Oy, for example by e-mail or via World Wide Web pages, shall be deemed not confidential. IXO Systems Oy shall have no obligation of any kind with respect to such materials and IXO Systems Oy shall be free to reproduce, use, disclose, display, transform, create derivative works and distribute the materials to others without limitation. Further, IXO Systems Oy shall be free to use any ideas, concepts, know-how or techniques contained in such materials for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products incorporating such materials. You warrant that such materials are fit to publication and you agree to indemnify IXO Systems Oy if any third party takes action against IXO Sytems Oy in relation to such materials.
19. COOKIES
A cookie (i.e. a small data file that certain Web sites may send to your address when you visit them) can be put in some parts of our Site, with a view of tracking user traffic patterns. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refusing them whenever your browser alerts you to their presence. You can also refuse all cookies by turning them off in your browser.
20. LAW AND JURISDICTION
For any dispute arising from these terms and conditions and activities covered thereto the Court of Helsinki, Finland, shall have exclusive jurisdiction and the Finnish laws shall apply. IXO Systems Oy nonetheless reserves the right to take legal proceedings in country other than Finland, to protect its interests or to enforce its rights whenever it deems it appropriate to do so.
