THIS VOIP CUSTOMER AGREEMENT (“AGREEMENT”) DESCRIBES THE
TERMS AND CONDITIONS UNDER WHICH THE (“WEBCENTRICK LLP,” “WE,”
“US”) WILL PROVIDE ITS VOICE OVER INTERNET PROTOCOL
SERVICES TO YOU ON PREPAID BASIS ALONG WITH EQUIPMENTS
AND DESIRED MATERIALS.
IF YOU ARE A NEW CUSTOMER, YOUR ACTIVATION OF AN ACCOUNT
AND RECEIPT OF THE VOIP SERVICES SHALL CONSTITUTE YOUR
ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND
CONDITIONS WILL BE LEGALLY BINDING UPON YOU.
For purposes of this Agreement the terms “You,” “Your” and “Customer”
refer to you, the WEBCENTRICK LLP customer.
Thank you for choosing WEBCENTRICK LLP for your VoIP Services. WEBCENTRICK LLP is
happy to answer any questions you may have and to provide you with
technical and other customer support through the following email
address:
support@webcentrick.com
and, for general knowledge, try our website at www.webcentrick.com
THE VOIP SERVICES
a. Services Defined. The VoIP Services convert voice communications
into Internet protocol (“IP”) for two-way calling, and provide a range
of other related features and functionalities. You can find more
information about the VoIP Services at www.webcentrick.com (or at an
alternate site if we so notify you).
THIS AGREEMENT INCORPORATES BY REFERENCE ANY
PRICING INCLUDED ONTHE WEBCENTRICK LLP WEBSITE. WEBCENTRICK LLP’s
contractors may perform some or all of WEBCENTRICK LLP’s duties and
obligations under this Agreement.
b. VoIP Services versus traditional telephone services. The VoIP
Services are not traditional telephone services, and we provide
them on an as-is basis. Important distinctions exist between
traditional telephone services and the VoIP Services. Some but not
all of these distinctions are outlined in this Agreement. The VoIP
Services are subject to different regulatory treatment than
traditional telephone services. This treatment may limit or
otherwise affect your rights and remedies before regulatory
agencies and courts.
c. Changes in Services offered. WEBCENTRICK LLP reserves the right to
change the VoIP Services that we offer, and our prices or fees
related to such VoIP Services at any time. If the change affects you,
we will provide you Notice (as defined in Section 14.b) of the change
and its effective date. Changes in prices will become effective upon
the prior notice of 7days or in exceptional circumstances or In
urgency with 24 hours Notice under Section 14.b, posting on our
website at www.webcentrick.com.
d. Acceptable use policy. You agree to ensure that all uses of the
WEBCENTRICK LLP Equipment and the VoIP Services installed at your
premises (“use” or “uses”) are legal and that all uses by you or by
any other person, whether authorized by you or not (“user”), comply
with all applicable laws, regulations, and written and electronic
instructions for use. WEBCENTRICK LLP reserves the right to act
immediately and without Notice to terminate or suspend the VoIP
Services and to remove from the VoIP Services any information
transmitted by or to you or users if WEBCENTRICK LLP determines that
such use or information does not conform with the requirements
set forth in this Agreement, interferes with WEBCENTRICK LLP’s ability to
provide the VoIP Services to you or others, or reasonably believes
that such use or information may violate any laws or regulations.
WEBCENTRICK LLP’s action or inaction under this Section shall not
constitute review or approval of your or any other users’ use or
information.
E. Service distinctions
a. VoIP service is not a telecommunications service. This service is
subject to different regulatory treatment than telecommunications
service.
b. Events beyond our control may affect your service such as power
outages, fluctuations in the internet, and outages/issues with
upstream backbone providers, etc.
c. You acknowledge that our service may not be compatible with all
non-voice communications equipment, including, but not limited to
THIS VOIP CUSTOMER AGREEMENT (“AGREEMENT”) DESCRIBES THE
TERMS AND CONDITIONS UNDER WHICH THE (“WEBCENTRICK LLP,” “WE,”
“US”) WILL PROVIDE ITS VOICE OVER INTERNET PROTOCOL
SERVICES TO YOU ON PREPAID BASIS ALONG WITH EQUIPMENTS
AND DESIRED MATERIALS.
IF YOU ARE A NEW CUSTOMER, YOUR ACTIVATION OF AN ACCOUNT
AND RECEIPT OF THE VOIP SERVICES SHALL CONSTITUTE YOUR
ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND
CONDITIONS WILL BE LEGALLY BINDING UPON YOU.
For purposes of this Agreement the terms “You,” “Your” and “Customer”
refer to you, the WEBCENTRICK LLP customer.
Thank you for choosing WEBCENTRICK LLP for your VoIP Services. WEBCENTRICK LLP is
happy to answer any questions you may have and to provide you with
technical and other customer support through the following email
address:
support@webcentrick.com
and, for general knowledge, try our website at www.webcentrick.com
THE VOIP SERVICES
a. Services Defined. The VoIP Services convert voice communications
into Internet protocol (“IP”) for two-way calling, and provide a range
of other related features and functionalities. You can find more
information about the VoIP Services at www.webcentrick.com (or at an
alternate site if we so notify you).
THIS AGREEMENT INCORPORATES BY REFERENCE ANY
PRICING INCLUDED ONTHE WEBCENTRICK LLP WEBSITE. WEBCENTRICK LLP’s
contractors may perform some or all of WEBCENTRICK LLP’s duties and
obligations under this Agreement.
b. VoIP Services versus traditional telephone services. The VoIP
Services are not traditional telephone services, and we provide
them on an as-is basis. Important distinctions exist between
traditional telephone services and the VoIP Services. Some but not
all of these distinctions are outlined in this Agreement. The VoIP
Services are subject to different regulatory treatment than
traditional telephone services. This treatment may limit or
otherwise affect your rights and remedies before regulatory
agencies and courts.
c. Changes in Services offered. WEBCENTRICK LLP reserves the right to
change the VoIP Services that we offer, and our prices or fees
related to such VoIP Services at any time. If the change affects you,
we will provide you Notice (as defined in Section 14.b) of the change
and its effective date. Changes in prices will become effective upon
the prior notice of 7days or in exceptional circumstances or In
urgency with 24 hours Notice under Section 14.b, posting on our
website at www.webcentrick.com.
d. Acceptable use policy. You agree to ensure that all uses of the
WEBCENTRICK LLP Equipment and the VoIP Services installed at your
premises (“use” or “uses”) are legal and that all uses by you or by
any other person, whether authorized by you or not (“user”), comply
with all applicable laws, regulations, and written and electronic
instructions for use. WEBCENTRICK LLP reserves the right to act
immediately and without Notice to terminate or suspend the VoIP
Services and to remove from the VoIP Services any information
transmitted by or to you or users if WEBCENTRICK LLP determines that
such use or information does not conform with the requirements
set forth in this Agreement, interferes with WEBCENTRICK LLP’s ability to
provide the VoIP Services to you or others, or reasonably believes
that such use or information may violate any laws or regulations.
WEBCENTRICK LLP’s action or inaction under this Section shall not
constitute review or approval of your or any other users’ use or
information.
E. Service distinctions
a. VoIP service is not a telecommunications service. This service is
subject to different regulatory treatment than telecommunications
service.
b. Events beyond our control may affect your service such as power
outages, fluctuations in the internet, and outages/issues with
upstream backbone providers, etc.
c. You acknowledge that our service may not be compatible with all
non-voice communications equipment, including, but not limited to
home security systems, satellite television systems, fax machines,
computer modems, medical equipment, etc.
d. By signing up for this service through Direct Communications, you
waive all claims against interference or disruption of these services
and equipment. We do not guarantee the service of modems and
faxes over the VoIP system. Some devices work fine communicating
with this type of service, while others do not.
e. Direct Communications is required by law to cooperate with law
enforcement and investigative government agencies. When a lawful
request is made by a law enforcement or relevant government
agency we are required to disclose your name, phone number,
credit information and other personal information about your
account, use of service, length of service, IP address etc. to the
requesting agency.
f. Directory listing. The phone number that you use with the VoIP
Services will not be listed in any directories.
- BILLING POLICIES AND PAYMENTS FOR THE VOIP SERVICES
a. Billing and payment. You agree to pay all amounts billed for the
VoIP Services and to pay all taxes, fees and other charges, if any,
which are now or may in the future be assessed on the VoIP
Services you receive from us, including to recover amounts that we
may be required by governmental or quasi-governmental
authorities to collect from or to pay to others in support of
statutory or regulatory programs such as universal service fees in
excess of prepaid amount paid by you.
Billing difference i.e. excessive bill from your switch will not be
entertained by us, we will only check our billing system for any
billing difference if we find it perfect then we are not liable to pay
the refunds.
Any billing dispute will get resolved within 72 working hours till
which the services will be put on hold.
Rates are subject to change with prior sudden notice to you.
b. Service Activation Date.Billing for the VoIP Services will
commence after verifying customer identity and address proof as its
internet telephony.
c. Payment. Payment for equipment such as switch, server, DIDs &
Toll free numbers shall be given by you separate from the actual
VOIP process charges, in advance a meagre amount of
$25 or INR 2,000 shall be given by you as a security deposit which
may be returned to you after the termination of this agreement by
anyways except on default made on your part.
e. Failure to make payments, bankruptcy, insolvency. If you at any
time fail, neglect, or refuse to make timely payments hereunder, or
if a petition in bankruptcy shall be filed on your behalf or against
you, or if you take advantage of any insolvency law or become
insolvent or make an assignment for the benefit of creditors, or if a
receiver, liquidator, or trustee is appointed for your property or
affairs, we shall be wholly relieved from our obligations hereunder.
f. Costs of collection. If we use a collection agency or attorney to
collect money you owe us or to assert any other right which we may
have against you, you agree to pay the reasonable costs of
collection or other action. These costs might include, but are not
limited to, the costs of a collection agency, reasonable attorney’s
fees and court costs. If there are billing errors or other requests for
credit, you can contact our customer support center by telephone
or in writing. You must contact us within 60 days of the time you
receive the billing statement for which you are seeking corrections.
Failure to timely notify us of a dispute shall constitute acceptance
of the bill. Undisputed portions of the billing statement must be
paid before the next billing statement is issued to avoid an
administrative fee for late payment. All payments for VoIP Services
must be made directly by you to us. WEBCENTRICK LLP shall have no
obligation to provide VoIP Services for which payment is made by
you to a third party.
g. Additional charges. In addition to the amounts due for the VoIP
Services, you agree to pay the fees referenced below (“Fees”) when
applicable. WEBCENTRICK LLP reserves the right to increase these Fees or
add additional Fees in the future, in our sole discretion, upon the
earlier of 30 days’ Notice to you under Section 14.b, or 30 days
from posting on our website at www.WEBCENTRICK LLP.com .
Returned Payment Fee – 2000 INR or $30.Whichever is
higher
Installation Charge – DID & TFN starts from $5- $50.
Local Number Portability Charge Starts from- $10 to $60
Number Change Charge – Setup along with one month
advance.
In the event that special construction or networking is needed
or requested by the customer, additional technical labor is
billed at Rs 3,000 or $50/hr or whichever is higher.
g. Rounding of Fractional Charges. If a computed charge includes a
fraction of a paisa, the fraction is rounded up to the nearest whole
rupee.
h. Third-Party Charges That Are Your Responsibility. The VoIP
Services may allow you to access “dial-up” Internet service
providers, other enhanced service providers, and other third-party
providers. You acknowledge that you may incur charges with such
providers that are separate and apart from the amounts charged by
us. You agree that all charges payable to third parties, including all
applicable taxes, are your sole responsibility. In addition, you are
solely responsible for protecting the security of credit card
information provided to others in connection with such
transactions.
i. Term Agreements. If you enter into a Term Agreement for the VoIP
Services and your account is past due, WEBCENTRICK LLP may, at its
option, suspend your VoIP Services until payment is received,
and/or terminate the Term Agreement. In the event that WEBCENTRICK LLP
early terminates the Term Agreement as a result of your account
being past due, you will be required to pay 100% of the monthly
recurring fees for each month remaining in the Term Agreement.
j. Credit inquiries. You authorize WEBCENTRICK LLP to make inquiries and
receive information about your credit from others, to enter this
information in your file, and to disclose this information concerning
you to appropriate third parties for reasonable business purposes.
- TERMINATION OF THIS AGREEMENT
If WEBCENTRICK LLP receives any complain from its carrier/vendor for any miss-use or un-lawful use of any product/services provided, WEBCENTRICK LLP holds the rights to permanently close customers account without any notice and $50 or INR 5,000 fine will be imposed on clients account.
a. Continuation of Service. Your VoIP Services will continue until
cancelled as provided for in Section 3.b below, or until otherwise
terminated under the terms of this Agreement. If you have a Term
Agreement with WEBCENTRICK LLP, after the expiration of the Term,
WEBCENTRICK LLP will continue to provide the VoIP Services on a month to-month basis under the terms of this Agreement until cancelled
or terminated as provided in this Agreement.
b. How to cancel.
i. Month-to-month accounts. You have the right to cancel the VoIP
Services for any reason at any time by notifying WEBCENTRICK LLP via
telephone or in writing at the phone number or address set forth
above. For month- to-month accounts, the cancellation will be
effective at the end of the period covered by the last monthly bill.
No refunds or credits will be provided in connection with the
cancellation of month-to-month accounts.
ii. Term Agreements. If you have a Term Agreement, the cancellation
will be effective as of the date the Term Agreement expires. Because
you are receiving a discounted price in exchange for the Term
Agreement, in the event that you cancel the VoIP Services prior to
expiration of Term Agreement, you understand and agree that you
are not entitled to any refund or credit for the unused portions of
the Term Agreement and that WEBCENTRICK LLP has the right to retain
any prepaid monies as liquidated damages. Please be aware that
certain promotional offers have a Term Agreement.
c. Termination by WEBCENTRICK LLP. WEBCENTRICK LLP has the right to terminate
your VoIP Services at any time without providing notice to you if: (i)
you fail to pay your bill when it is due; (ii) we receive confirmation
that you have received the VoIP Services, or any part of the VoIP
Services without paying for them; or (iii) you otherwise violate the
terms of this Agreement.
d. Outstanding balance. If your VoIP Services are cancelled for any
reason, you are still responsible for payment of all outstanding
balances accrued, including any applicable fees.
e. Charges nonrefundable. You understand that charges for the VoIP
Services, once charged to your account, are nonrefundable. - CUSTOMER EQUIPMENT, DOWNLOADS, RESTRICTIONS ON
SOFTWARE
WEBCENTRICK LLP will not be responsible for ACD (Average call duration)
and ASR (Average seizure ratio)of your traffic.
WEBCENTRICK LLP will not be responsible in case of loss of any data in
case of default on your side, equipment, it is suggested that you
shall keep backups of your data to save time, money and value of
this clause.
a. “Customer Equipment” That You Must Provide. In order for you to
receive the VoIP Services you are required to provide certain
equipment such as a phone handset or equivalent, phone inside
wire and outlets, and a powered electrical outlet. Equipment
provided by you will be deemed “Customer Equipment” under this
Agreement. Because we may have limited ability to install wire or
outlets in a rental property, you may wish to provide a cordless
phone if you live in an apartment so that you can use the VoIP
Services throughout your dwelling.
b. Downloads. To optimize the performance of its network, WEBCENTRICK LLP
reserves the right to alter software in the WEBCENTRICK LLP Equipment
and Customer Equipment (as defined above) through periodic
downloads. WEBCENTRICK LLP will use commercially reasonable efforts to
schedule these downloads in a manner that results in the least
amount of interference with or interruption to your VoIP Services.
c. Restrictions on software. The WEBCENTRICK LLP Equipment and
MTA/EMTA contain certain components and software which are
proprietary to WEBCENTRICK LLP or its licensors. You agree that you will
not try to reverse-engineer, decompile or disassemble any software
or hardware contained within the WEBCENTRICK LLP Equipment or
MTA/EMTA. Such actions are strictly prohibited and may result in
the termination of your VoIP Services and legal action.
d. Ownership and specifications of Customer Equipment
i. Ownership. You represent that you either own the Customer
Equipment or have the right to use that equipment in connection
with the VoIP Services. WEBCENTRICK LLP shall have no obligation to
provide, maintain, or service the Customer Equipment (including
but not limited to any MTA/EMTA (If any) that you have
purchased).
ii. Specifications for Customer Equipment and Internet connection.
Any Customer Equipment that you use in connection with the VoIP
Services must meet WEBCENTRICK LLP’s current minimum technical and
other requirements. You may not use the VoIP Services without an
WEBCENTRICK LLP broadband Internet connection.
iii. Non-Recommended Configurations. If you install or use in
connection with the VoIP Services Customer Equipment or an
Internet connection that does not comply with Section 4.d.ii above
(a “Non-Recommended Configuration”), you agree that (i) you will
not be entitled to customer support relating to any issues other
than the quality of the signal delivered to the MTA/EMTA; and (ii)
the following limitation of liability shall apply: WEBCENTRICK LLP, ITS
EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, CONTRACTORS,
REPRESENTATIVES AND THIRD-PARTY PROVIDERS
(COLLECTIVELY “WEBCENTRICK LLP PARTIES”) MAKE NO WARRANTY
THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE
YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE
THE VOIP SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH
INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE
DAMAGE TO CUSTOMER EQUIPMENT. NONE OF THE WEBCENTRICK LLP
PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY
SUCH DAMAGE, NOR FOR ANY INJURIES OR DAMAGES
RESULTING THEREFROM, INCLUDING INJURIES OR DAMAGES
RESULTING FROM FAILURE OF 911/E911, OR DIALING
ASSOCIATED WITH A SECURITY SYSTEM. The foregoing limitation
of liability is in addition to and shall not limit any other limitation
of liability set forth in this Agreement.
IV. Retention of Rights. WEBCENTRICK LLP and its third-party providers
reserve the right both during the term of this Agreement and upon
its termination to delete your voicemail, data, files, or other
customer information that is stored on WEBCENTRICK LLP’s or its
suppliers’ servers or systems, in accordance with their storage
policies. You understand and acknowledge that we shall have no
liability whatsoever as a result of the loss or removal of any such
voicemail, data, files, or other customer information. - WEBCENTRICK LLP’S ACCESS TO CUSTOMER PREMISES:
i. Access. From time to time, WEBCENTRICK LLP may need to enter the
premises at which you will use the VoIP Services (“Premises”) in
order to install, maintain, inspect, repair, and remove the
WEBCENTRICK LLP Equipment. Accordingly, you authorize WEBCENTRICK LLP and
its employees, agents, contractors, and representatives to enter the
Premises as necessary, at a time agreeable to you and us.
ii. Authorization for Access. You warrant either that you are the
owner of the Premises, or if you are a tenant, that you have the
authority to afford us access to the Premises. If you are not the
owner of the Premises, you agree to supply us, if we ask, the
owner’s name and address, and evidence or written consent from
the owner that the owner has authorized you to grant access to the
Premises and to install equipment. - INCOMPATIBILITY OF THE VOIP SERVICES WITH CERTAIN
EQUIPMENT, SERVICES, AND ACTIVITIES
a. Incompatible Equipment and Services. You acknowledge and
understand that the VoIP Services may not support or be compatible
with:
i. Non-Recommended Configurations as defined in Section 4.d.iii
(including but not limited to MTA/EMTAs not provided by
WEBCENTRICK LLP);
ii. Certain non-voice communications equipment, including but not
limited to alarm or home security systems that make automatic
phone calls; medical monitoring devices; certain fax machines; and
certain “dial-up” modems;
iii. Rotary-dial phone handsets, pulse-dial phone handsets, and
models of other voice-related communications equipment such as
answering machines and traditional Caller ID units;
vi. Other call types not expressly set forth in our product literature
(e.g., outbound shore-to-ship calling and outbound satellite
calling).
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS
AGAINST THE WEBCENTRICK LLP PARTIES FOR INTERFERENCE,
DISRUPTION, OR INCOMPATIBILITY BETWEEN WEBCENTRICK LLP’S
EQUIPMENT (IF ANY) OR THE VOIP SERVICES AND ANY OTHER
SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH
INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR
SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN
ACCORDANCE WITH SECTION 3.
c. You Assume the Risk of High-Risk Activities. As further described
in Section 12(a), The VoIP Services are not represented as fail-safe.
They are not designed for use in situations where error-free or
uninterrupted service is essential. You expressly assume the risk of
any damages from high-risk activities involving vital
communications in which an error or interruption in the VoIP
Services could lead to material injury to business, persons,
property, or the environment.
d. That if you are taking any kind of customized rates in exchange of
committed volume then they are liable to maintain minimum of
85% of the committed volume if they fail to give minimum of 85%
rate volume then we hold the rights to change the rates to the
standard pricing with sudden notice. - CUSTOMER PRIVACY.
You have certain privacy rights under federal law. Please see the
Subscriber Privacy Notice for more information. The Subscriber
Privacy Notice is available on WEBCENTRICK LLP’s website. - LIMITS ON YOUR USE OF THE SERVICES
a. Residential Use Only. Unless you subscribe to a service plan that
expressly permits otherwise, you agree to use the VoIP Services
solely in a private residence; in living quarters in a hotel, hospital,
dormitory, sorority or fraternity house, or boarding house; or in the
residential portion of a premises which is used for both business
and residential purposes. Without limiting the generality of the
foregoing, you agree to use the VoIP Services only for personal and
non-commercial purposes, however, you are permitted to use the
VoIP Services to make business calls that are incidental to your
personal and non-commercial use of the VoIP Services. You may
not resell the VoIP Services. You expressly agree not to use the VoIP
Services for auto-dialing, continuous or extensive call forwarding,
telemarketing, fax broadcasting or fax blasting, or for any other use
that results in excessive usage inconsistent with normal residential
calling patterns. If we determine, in our sole discretion, that the
VoIP Services are being used in violation of this Agreement, we
reserve the right to immediately and without Notice to terminate or
modify the VoIP Services and to assess additional charges for each
month in which excessive usage occurred.
b. No resale. You agree and represent that you are buying the VoIP
Services for your own personal use only and that you will not resell
or permit another to resell the VoIP Services as only resellers are
permitted to resell the VOIP services without any commitment of
white labeled reseller ship.
c. No tampering with the VoIP Services. You shall not attempt to
hack or otherwise disrupt the VoIP Services or make any use of the
VoIP Services that is inconsistent with this Agreement or their
intended purpose. We reserve the right to terminate your VoIP
Services if we believe, in our sole and absolute discretion, that
you have tampered with the VoIP Services. In the event of such
termination, you will remain responsible for charges to the end of
the month of termination, any unbilled charges, and a termination
fee, all of which will be immediately due and payable. - REPRESENTATIONS AND WARRANTIES OF CUSTOMER. You
represent and warrant that you are at least 18 years of age.
- TRANSFER OF VOIP SERVICES OR PHONE NUMBER.
a. If you are switching to the VoIP Services from another service
provider, you may not be able to transfer your existing phone
number to the VoIP Services. If you are able to transfer (“port”) your
existing phone number to the VoIP services, you may be charged a
fee by WEBCENTRICK LLP to complete the transfer.
b. To transfer your phone number from WEBCENTRICK LLP to another
provider, you must place the order to transfer the VoIP Services
with your new service provider. You cannot place the order with
WEBCENTRICK LLP. WEBCENTRICK LLP will release your phone number to your
new service provider, provided that:
(i) Your new service provider submits a properly completed transfer
request to WEBCENTRICK LLP;
(ii) Your new service provider will accept transfer of the phone number
without delay or charge to WEBCENTRICK LLP; and
(iii) Transfer of your existing phone number to the new service provider
will not violate applicable law or our policies and procedures. You
may be charged a fee by WEBCENTRICK LLP to complete the transfer (“port”)
of your number to a new service provider.
c. Applicable number porting fees can be found at www.webcentrick.com - LIMITATION OF LIABILITY; INDEMNIFICATION; NO
WARRANTIES; WARNINGS
a. Limited warranty. THE VOIP SERVICES ARE PROVIDED “AS IS,”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NONE OF THE WEBCENTRICK LLP PARTIES WARRANT THAT
THE VOIP SERVICES WILL MEET YOUR REQUIREMENTS,
PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED,
WITHOUT DELAY, OR WITHOUT ERROR. NONE OF THE
WEBCENTRICK LLP PARTIES WARRANT THAT ANY COMMUNICATIONS
WILL BE TRANSMITTED IN “UNENCRYPTED” FORM. ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, FITNESS
FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE
HEREBY EXCLUDED.
b. Limitation of WEBCENTRICK LLP Parties’ liability. EXCEPT AS
SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO
CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING
BUT NOT LIMITED TO TORT, CONTRACT, OR OTHERWISE),
SHALL THE WEBCENTRICK LLP PARTIES HAVE ANY LIABILITY TO YOU OR
TO ANY PERSON OR ENTITY FOR (i) ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF
BUSINESS OPPORTUNITIES, OR PERSONAL INJURIES
(INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY
OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE
INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE,
REMOVAL, OR USE OF THE VOIP SERVICES, INCLUDING BUT
NOT LIMITED TO: LACK OF 911/E911 SERVICES OR DIALING
ASSOCIATED WITH A SECURITY SYSTEM OR WEBCENTRICK LLP
EQUIPMENT OR YOUR RELIANCE ON OR USE OF WEBCENTRICK LLP
EQUIPMENT OR THE VOIP SERVICES, INCLUDING BUT NOT
LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS,
FAILURES OR MALFUNCTIONS, ERRORS, DEFECTS, DELAYS IN
OPERATION, DELAYS IN TRANSMISSION, LOSS OF INFORMATION
OR DATA, OR FAILURE OF PERFORMANCE OF WEBCENTRICK LLP
EQUIPMENT OR THE VOIP SERVICES; OR (ii) ANY LOSSES,
CLAIMS, DAMAGES, EXPENSES, LIABILITIES, OR COSTS
(INCLUDING LEGAL FEES) RESULTING DIRECTLY OR
INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION
WITH, ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING
BASED UPON A CONTENTION THAT THE USE OF WEBCENTRICK LLP
EQUIPMENT OR THE VOIP SERVICES BY YOU OR ANY OTHER
PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT,
TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR
OTHER INTELLECTUAL PROPERTY RIGHTS, OR CONTRACTUAL
RIGHTS OF ANY THIRD PARTY.
c. Customer’s Indemnification of WEBCENTRICK LLP Parties. EXCEPT AS
OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU
AGREE TO DEFEND, INDEMNIFY, AND HOLD THE WEBCENTRICK LLP
PARTIES HARMLESS FROM CLAIMS OR DAMAGES RELATING TO
OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR
YOUR AND YOUR USERS’ USE OF THE VOIP SERVICES OR ANY
WEBCENTRICK LLP EQUIPMENT OR MTA/EMTA (If Any) PROVIDED BY
WEBCENTRICK LLP (IF ANY), INCLUDING BUT NOT LIMITED TO ANY
CLAIMS OR DAMAGES ARISING OUT OF THE LACK OF 911/E911
SERVICES OR DIALING ASSOCIATED WITH A SECURITY
SYSTEM.YOU AGREE THAT NONE OF THE WEBCENTRICK LLP PARTIES
SHALL BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT
ARISE FROM YOUR USE OF THE VOIP SERVICES, WEBCENTRICK LLP
EQUIPMENT, OR ANY MTA/EMTA PROVIDED BY WEBCENTRICK LLP.
FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND
EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS.
d. Limitations on WEBCENTRICK LLP’s liability for Customer Equipment
and software.Customer Equipment may be damaged or suffer
service outages as a result of the installation, use, inspection,
maintenance, repair, and removal of the WEBCENTRICK LLP VoIP Services,
and upgrades to firmware or software embedded in the WEBCENTRICK LLP
VoIP Services. Except for gross negligence or willful misconduct by
us, none of the WEBCENTRICK LLP Parties shall have any liability
whatsoever for any damage, loss, or destruction to the Customer
Equipment. Use of certain features of the VoIP Services may require
special software, applications, or access to web portals. WEBCENTRICK LLP
makes no representation or warranty that any software or
application installed on your computer or web portal does not
contain a virus or other harmful feature. It is your sole
responsibility to take appropriate precautions to protect any
computer and other hardware of yours from damage to its software,
files, and data as a result of any such virus or other harmful
feature. We are not required to provide you with any assistance in
removal of viruses. If we decide, in our sole discretion, to install or
run virus check software on your computer, we make no
representation or warranty that the virus check software will detect
or correct any or all viruses. You acknowledge that you may incur
additional charges for any service call made or required on account
of any problem related to a virus or other harmful feature detected
on your system. NONE OF THE WEBCENTRICK LLP PARTIES SHALL HAVE
ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF
ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING
FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY
ATTEMPT TO REMOVE IT.
e. Rights and remedies. Nothing contained in this Agreement shall
be construed to limit WEBCENTRICK LLP’s rights and remedies available at
law or in equity. Your sole and exclusive remedies under this
Agreement are as expressly set forth in this Agreement. The liability
of the WEBCENTRICK LLP Parties is limited as set forth by this Agreement,
or, where applicable law limits such limitations of liability, to the
maximum extent permitted by law.
If we notice any client is sending spam traffic/ junk traffic an
any given route then we hold the rights to block them without
any prior notice until resolved in this case we will not issue
any refund to you.
f. Survival of Limitations. All representations, warranties,
indemnifications, and limitations of liability contained in this
Agreement shall survive the termination of this Agreement; any
other obligations of the parties hereunder shall also survive, if they
relate to the period before termination or if, by their terms, they
would be expected to survive such termination.
g. You agree that we are not responsible for any third party
claims against us that arise from your use or your invitee’s use
of the services. Further, you agree to reimburse us for all costs
and expenses related to the defense of any such claims,
including attorneys’ fees, unless such claims are based on our
willful misconduct or gross negligence. This provision will
continue to apply after the agreement ends. You also agree
that no third party provider or their directors, officers or
employees that are directly or indirectly associated with us in
the performance of our services shall be liable to you for any
special, indirect, incidental, consequential, reliance,
exemplary, punitive or other damages arising out of a service
failure. - DISPUTE RESOLUTION.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION
CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF
DISPUTES THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A
JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU
CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM
A FEDERAL OR STATE REGULATORY AGENCY.
In case of any dispute raised, the dispute will be tried to be
resolved within 72 hours of initiation, the services agreed will be
stayed on hold temporarily till the complete resolution of the
disputes, and no party will withdraw any of its liability in due
course.
a. Binding Arbitration. The arbitration process established by this
section is governed by the Arbitration and Conciliation Act, 1956.
You have the right to take any dispute that qualifies to small claims
court rather than arbitration. All other disputes arising out of or
related to this Agreement (whether based in contract, tort, statute,
fraud, misrepresentation or any other legal or equitable theory)
must be resolved by final and binding arbitration. This includes
any dispute based on any product, service or advertising having a
connection with this Agreement and any dispute not finally
resolved by a small claims court. The arbitration will be conducted
by one (1) arbitrator using the procedures described by this
Section.
You have the right to be represented by counsel in arbitration. In
conducting the arbitration and making any award, the arbitrator
shall be bound by and strictly enforce the terms of this Agreement
and may not limit, expand, or otherwise modify its terms.
The Place of Arbitration shall be in Delhi being a neutral place,
and the Courts of Delhi will have exclusive Jurisdiction to deal
with the disputes arose in this agreement and related
transactions.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN
AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR
RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY
NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY
AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD
PUNITIVE DAMAGES OR ATTORNEYS’ FEES UNLESS SUCH
DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU
AND WEBCENTRICK LLP BOTH WAIVE ANY CLAIMS FOR AN AWARD OF
DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
b. Arbitration Information and Filing Procedures. Before you take a
dispute to arbitration or to small claims court, you must first
contact our customer account representatives at the customer
service number on your WEBCENTRICK LLP bill for the Services, or write to
us at admin@webcentrick.com, and give us an opportunity to resolve
the dispute. Similarly, before WEBCENTRICK LLP takes a dispute to
arbitration, we must first attempt to resolve it by contacting you. If
the dispute cannot be satisfactorily resolved within sixty (60) days
from the date you or WEBCENTRICK LLP is notified by the other of a
dispute, then either party may then contact the
ARBITRATOR/ATTORNEY and request arbitration of the dispute.
Information about the arbitration process and the
ARBITRATOR/ATTORNEY’s Arbitration Rules and its fees are
available from the ARBITRATOR/ATTORNEY. Any arbitration shall
remain confidential. Neither you nor WEBCENTRICK LLP may disclose the
existence, content or results of any arbitration or award, except as
may be required by law, or to confirm and enforce an award.
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS
AGREEMENT MUST BE BROUGHT WITHIN THREE (3) MONTHS AFTER
THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST
ARISES.
c. Fees and Expenses of Arbitration. You must pay the applicable
ARBITRATOR/ATTORNEY filing fee when you submit your written
request for arbitration to the ARBITRATOR/ATTORNEY. The
ARBITRATOR/ATTORNEY’s filing fee and administrative expenses
for a document arbitration will be decided by mutual consent of
parties in accordance to the rules, except that for claims of less
than one Lakh Rupees (Rs. 1,00,000), you will only be obligated to
pay a filing fee of Fifty Thousand rupees (Rs. 50,000) and we will
pay all of the ARBITRATOR/ATTORNEY’s other costs and fees.
Unless applicable substantive law provides otherwise, each party
will pay its own expenses to participate in the arbitration, including
attorneys’ fees and expenses for witnesses, document production
and presentation of evidence. The prevailing party may, however,
seek to recover the ARBITRATOR/ATTORNEY’s fees and the
expenses of the arbitrator from the other party. - MISCELLANEOUS
a. Physical Address/Change of Address. When setting up your
account, you agree to provide us with the physical street address
where VOIP services to be provided. A post office box does not
constitute a physical address and is not sufficient to meet this
requirement. You agree to give us prompt notice of your change of
name, mailing address, physical address where WEBCENTRICK LLP services
to be provided or telephone number. You may do this by notifying
us at admin@webcentrick.com or in writing.
b. Notice. If we send you notice, it will be considered given when
deposited in the Post/ Courier, addressed to you at your billing
address or hand-delivered to you, or sent to you via email to any
WEBCENTRICK LLP email account. You acknowledge and agree that you are
responsible for monitoring your WEBCENTRICK LLP email account for any
notices. Our notice to you will also be effective if provided on your
billing statement or by telephone. If you give notice to us, it will be
deemed given when received by us at the address listed on the first
page of this Agreement.
c. Applicable Law. This Agreement, including all matters relating to
its validity, construction, performance and enforcement, shall be
governed by applicable Indian law, the laws and regulations of
India and the local area where the VoIP Services are provided.
These terms and conditions are subject to amendment,
modification or termination if required by such regulations or laws.
If any provision in this Agreement is declared to be illegal or in
conflict with any law or regulation, that provision may be deleted or
modified, without affecting the validity of the other provisions.
d. Trademarks. Neither party may use the other party’s name,
trademarks, trade names or other proprietary identifying symbols
without the prior written approval of the other party.
e. Force majeure. WEBCENTRICK LLP shall not be liable for any delay or
failure in performance due to force majeure, which shall include
without limitations, acts of God, earthquake, labor disputes,
changes in law, regulation or government policy, riots, war, fire,
epidemics, acts or omissions of vendors or suppliers, equipment
failures, transportation difficulties, or other occurrences which are
beyond WEBCENTRICK LLP’s reasonable control. You are responsible and
acknowledge 100% liability and responsibility for all customer
network security systems, firewalls and any other network security
necessary to protect your data, systems or networks.
f. Transfer of account, services or WEBCENTRICK LLP Equipment.
WEBCENTRICK LLP may sell, assign or transfer your account to a third
party without notice to you. You may not assign or transfer your
VoIP Services without our written consent which will not be
unreasonably withheld. We may, however, refuse to allow you to
assign or transfer your VoIP Services if you lease your WEBCENTRICK LLP
Equipment or if your account has an outstanding balance.
g. Other. This document and any Term Agreement contains the entire
agreement between WEBCENTRICK LLP and you, the customer, and no
salesperson, installer, customer service representative, authorized
retailer, or other similarly situated individual is authorized to
change the terms of this Agreement or any Term Agreement.
WEBCENTRICK LLP may, however, change the terms and conditions of this
Agreement in the future and will notify you if that occurs. The
terms of this Agreement, which either are expressly stated to
survive or by their nature would logically be expected to survive
termination, shall continue thereafter until fully performed.
Entire Agreement: This Agreement constitutes the entire
Agreement between the parties and no other representations or
statement will be binding upon the parties. If any part of the
Agreement is held to be invalid or unenforceable for any reason, the
remaining terms and conditions of this Agreement shall remain in
full force and effect.We hold the rights to make alterations in the
terms and conditions of this agreement with your consent.