Please note that you are not allowed to use the VoIP services in territories where offering or using such services is forbidden by law. By agreeing to this Terms of Service, you will explicitly state that you have verified in your own territory if the offering and use of such services is allowed.
1.1
These words have the following meanings in this agreement, either in the singular or in the plural form.
Account:
refers to the ability to use the GoandCall.com VoIP service;
VoIP service:
means the service provided by GoandCall.com which allows subscribers to make calls to End-Users and for which GoandCall.com receives payment;
Password:
refers to a code you selected, which, in combination with the User ID, gives you access to your Account;
User ID / Account Number:
refers to an identification code you selected, which in combination with the Password, gives access to your Account;
GoandCall.com:
refers to the entity GoandCall.com (which is a division of XeloQ Communications Ltd.), with its address at Kruisweg 811-B, 2132 NG, Hoofddorp in The Netherlands.
Subscriber:
means a subscriber of the VoIP service;
End-User:
refers to the end user who is on the Public Switched Telephone Network.
2.1
GoandCall.com shall endeavour to provide the VoIP service with minimum disruptions. However GoandCall.com cannot guarantee that the VoIP service will always function without disruptions, delay or other imperfections. Since the VoIP service will be transmitted through public Internet lines and the public switched telephony network, you understand that you may experience some disruptions in the VoIP service, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephony network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet.
2.2
Goandcall.com is entitled, without any liability, to refuse, limit, suspend and/or interrupt the VoIP service, for any reason whatsoever, at its own discretion and without any notice to you.
2.3
Goandcall.com may change the technical features of the VoIP service in order to keep pace with the latest demands and technological developments.
2.4
Goandcall.com is not responsible for the communication transmitted through the VoIP services. However, by accepting this Terms of Service, you agree to use the VoIP service only for lawful purposes.
2.5
You acknowledge and understand that the VoIP service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Terms of Service) exist between the traditional telephone service and the VoIP service provided by GoandCall.com.
3.1
You expressly acknowledge and agree that the VoIP service provided by GoandCall.com does not and is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and that GoandCall.com is not liable in any manner for such calls. In the event that, with your permission, another user uses your account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the GoandCall.com VoIP service.
4.1
You will use the VoIP service in accordance with these Terms of Service, the End User License Agreement and the relevant legislation.
4.2
You will at all times provide GoandCall.com in good time with any data or information necessary to a proper providing of the VoIP service.
4.3
If any data required for the providing of the VoIP service are not available to GoandCall.com or not available in good time or not in accordance with the arrangements, or if you do not fulfill your obligations in any other way, GoandCall.com will be entitled to suspend the provision of the VoIP service.
4.4
You agree not to resell the VoIP service to any third party unless you are an assigned reseller by GoandCall.com.
4.5
You agree to indemnify, hold harmless and defend GoandCall.com at your expense, against any and all third-party claims, actions, proceeding and costs, including but not limited to reasonable attorneys fees, incurred by GoandCall.com arising out of or relating to your violation of the Terms of Service, the agreement, applicable law, or rights of any third parties and/or the misuse of the VoIP service.
5.1
In order to make use of the VoIP service, GoandCall.com will grant you a User ID, Password and Account which you will have to create yourself on the Goandcall.com website at the Registration for new account section.
5.2
You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible and liable for all activities conducted through your User ID, Password and Account, even if this occurs without your permission.
5.3
You agree to immediately notify GoandCall.com in writing of any unauthorised and/or fraudulent use of your User ID, Password and/or Account. You agree to indemnify GoandCall.com against any and all third party claims and all related liabilities arising out of, or relating to, the use of your User ID, Password and Account.
5.4
Goandcall.com reserves the right to change your User ID or Password if this is in the interest of the functioning of the VoIP service or to prevent fraudulent use of the VoIP service.
5.5
After registering for a new account you will have to activate this account
within 24 hours; not activating your account will result in deletion of this
account.
5.6 Newsletter: after signing up, your email address will be put on a mailing list to inform you on interruptions or maintenance on our systems, new functionalities or marketing items. If you wish to be removed form this list, send an email to optout@xeloq.com.
6.1
In order to pay
for the VoIP service you must deposit a credit balance (Pre-Pay amount)
on your account(s) by credit card (through PayPal), bank transfer, Western
Union payment, or other means which may be made available by GoandCall.com. New
accounts paid by credit card and PayPal are activated as soon as possible upon
receipt, validation and fraude-check of credit information.
GoandCall.com reserves the right to stop accepting credit cards or used PayPal
accounts from one or more issuers without further notice.
PayPal and Credit Card payments through PayPal, are charged with a 5%
service-fee.
6.2
In the (near future) event GoandCall.com has provided you with a password or voucher number which represents a credit balance for the VoIP service, you will activate this credit balance on your account by typing this password or voucher number on the relevant part of the website www.GoandCall.com.com.
6.3
All credit balances on your Account are non-refundable. Notwithstanding the foregoing, GoandCall.com will refund a credit balance, deposited by you through credit card, in the event you terminate your Account pursuant to article 7.2 and 15.1.
6.4
Currently, a
credit balance for outbound calling does not expire.
XeloQ Communications reserves the right to change this without prior norice.
7.1
For credits for
the VoIP service purchased, you shall pay GoandCall.com the tariffs as stated
on the website www.XeloQ.com.
Unless stated otherwise, all tariffs and charges shall be stated in Euros and
shall be exclusive of value added taxes (VAT) or any other applicable taxes.
7.2
Goandcall.com reserves the right to change the tariffs at any time without giving notice on the website www.GoandCall.com. If you do not wish to accept such adjustment of tariffs, you are entitled to terminate your Account, by written notice, with effect from the date on which the adjustment of tariffs would become effective. You agree that by continuing to use the VoIP service following the adjustments of the tariffs, you accept such adjustments.
7.3
Charges shall be calculated by multiplying the duration of the call by the applicable tariff. The duration of a call shall be based on 6 seconds increments with the first 12 seconds of each call always charged at any time. Fractions of the 6 seconds increments will be rounded up to the next 6 seconds for every 1 second or longer.
7.4
During the call, charges incurred will be deducted automatically from the Pre-Pay amount in your account.
7.5
In the event you believe that GoandCall.com has charged you in error, you must contact GoandCall.coms customer services within 7 days after such charge. Refunds or adjustments will not be given for any charges which are more than 7 days old.
7.6
You can only make use of the VoIP service when your account has a positive and sufficient credit balance for the call you would wish to make.
8.1
Goandcall.com is committed to respecting your privacy and the confidentiality of your personal and traffic data. The Privacy Policy for Paid Services, published on GoandCall.coms website www.XeloQ.com, applies to the use of personal data and the traffic data, as well as the confidential information transmitted via the VoIP services.
9.1
All intellectual property rights regarding the VoIP service, including but not limited to the software and documentation that is used therefore developed and/or owned by GoandCall.com shall be and shall remain the sole property of GoandCall.com . The providing of the VoIP services does not imply any transfer of intellectual property rights.
9.2
You shall only obtain a non-exclusive and non-transferable right for the use of the VoIP services for the agreed objectives. You commit yourself to adhere strictly to any conditions laid down in the Terms of Service or imposed in any other way.
10.1
In the event of GoandCall.com being in breach of any of its obligations towards you under the agreement, GoandCall.com will accept liability to pay damages only to the extent as laid down in this article 10.
10.2
GoandCall.com can only be held liable for direct damages resulting from an attributable failure to perform its obligations under the agreement. Direct damages in this respect exclusively mean:
a. all reasonable costs incurred by you in order to have GoandCall.com perform its obligations under the agreement;
b. all reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this article;
c. all reasonable costs incurred by you in order to establish the nature and scope of the direct damages as meant in this article.
10.3
The direct damages as meant in this article shall be limited to the amount the amount actually paid by you for the VoIP service during the year in which such damages occur. In no event, however, shall the total compensation for any direct damages exceed the actual Pre-Pay amount IN the account at the time such damages occur.
10.4
To the maximum extent permitted by applicable law, in no event shall GoandCall.com be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the VoIP service), even if GoandCall.com has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Any investements made by the users of the VoIP service(s) from GoandCall.com to be able to make use of these services are not and will never be the responsibility of GoandCall.com. Therefore, GoandCall.com will not be liable for losses or damages that are the direct- or indirect result of these investments, whether these investments will be materialistic or financial.
10.5
The above limitation of liability in article 10.3 shall cease to apply if and insofar as the loss is due to GoandCall.coms wilful intent or gross negligence.
11.1
You acknowledge and understand that the VoIP service does not function and GoandCall.com will not be in breach of any of its obligations towards you under the agreement in the event of a force majeure event. A force majeure event means any event beyond the control of GoandCall.com including, but not limited to, an act of God, insurrection or civil disorder, war or military operations, national or local emergency, power outage or Internet service or servers disruption, flood, subsidence, or weather conditions of exceptional severity.
11.2
In the event GoandCall.com is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a best efforts basis.
12.1
The agreement will be effective as of the date you accept the agreement, and will remain effective until terminated by either party as set forth in this Terms of Service.
12.2
You may terminate this agreement at any time, under the conditions provided herein. GoandCall.com may terminate this agreement at any time, with or without cause, by providing notice to you and/or preventing your access to your account and to the VoIP service.
12.3
Upon termination of the agreement for any reason all licenses and rights to use the VoIP service shall terminate and you will cease any and all use of the VoIP service.
12.4
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of this agreement, including without limitation, all of your representations, warranties and indemnification obligations.
13.1
You may not assign, or otherwise transfer, the agreement, or any rights or obligations hereunder without the other partys written consent (which consent shall not be unreasonably withheld or delayed).
14.1
The Agreement shall be governed by the laws of The Netherlands.
14.2
All disputes that may arise under or in connection with the Agreement shall be exclusively submitted to the competent Court within Haarlem, The Netherlands.
15.1
Goandcall.com may modify these Terms of Services at any time by publishing the revised Terms of Services on the website www.GoandCall.com.com. If you do not wish to accept these revised Terms of Service, you are entitled to terminate your Account, in writing or by e-mail to prepay@xeloq.com, with effect from the date on which the revised Terms of Service would become effective. You agree that by continuing to use the VoIP service following the publishing of the revised Terms of Service, you accept these Terms of Service.
15.2
Goandcall.com reserves the right to adjust the VoIP service at any time, for example to conform with legal and regulatory obligations. If you do not wish to accept these adjusted VoIP service, you are entitled to terminate your Account, in writing or by e-mail, with effect from the date on which the adjusted VoIP will be provided.
15.3
The invalidity
or unenforceability of any provision of the Terms of Service shall not affect
the validity or enforceability of the remaining provisions of this Terms of
Service. In the event of any provision of the Terms of Service being determined
to be invalid, unlawful or unenforceable to any extent, parties shall agree
upon a new provision that is to approximate the contents and scope of the
original provision.
Last revised: November 5, 2007.
GoandCall.com is a division of XeloQ Communications Ltd.