Terms and Conditions of www.hivoox.co.za
HIVOOX TELECOM LLC, established in sise à 607 Deemer PL Suite 210, New Castle, Delaware 19720, United States of America, onwards HIVOOX, is the creator and owner of the web pages included in the site www.hivoox.co.za, hereinafter the WEB, generated and structured from software, design and content, along with other information both own and from reputable suppliers and offers services related to IP telephony, telecommunications equipment, software, marketing services, telemarketing, mailing address, coworking and teleworking. This contract, together with the other regulations included in the WEB itself regulates the provision and delivery to the customer (hereinafter, the CUSTOMER), through the Internet Telecommunications network, services and products from HIVOOX.
2 - DESCRIPTION OF SERVICES
The services are those available through the WEB of HIVOOX and the price lists contained therein. The services provided by HIVOOX available through the WEB are referred to hereinafter as the SERVICES.
3- GENERAL CONDITIONS OF USE OF SERVICES:
3.1- The use of the WEB site attributes the user's the condition of HIVOOX CUSTOMER and implies full and unreserved acceptance of each one of the provisions contained in these Terms of Services.
3.2- These General Conditions apply to the use of the WEB, sale and use of all Services to professionals, businesses, consumers, users or any other final recipient.
3.3- The use by the CUSTOMER of the WEB SERVICES presupposes, in any case, adherence to these Terms of Services at the time of the purchase order.
3.4- The use of certain SERVICES may be subject to specific conditions which will be published and / or reported to the CUSTOMER to access them. Therefore, the CUSTOMER must read and accept the General Conditions of the Services and, if applicable, the conditions prior to making a purchase or hire a service. The CUSTOMER is aware that the use of the SERVICES occurs in all cases under his sole responsibility.
3.5- The use of certain SERVICES may require a broadband Internet connection and certain equipment that will be published and / or communicated to the CUSTOMER when accessing the service page. Therefore, the CUSTOMER must ensure that he has the broadband Internet and equipment indicated on the SERVICE page before purchasing or subscribing the service.
3.6- Activation of certain SERVICES may require customer identification. The necessary documents will be published and / or communicated to the CUSTOMER when accessing the SERVICE page. Therefore, the CUSTOMER must read the description and special conditions of the SERVICES before proceeding with the purchase or subscription of the service.
3-7 IP TELEPHONY – VOIP
3.5- To use the SERVICES, the CUSTOMER must have an Internet connection broadband and, at least, one of the following devices or equipment:
- Computer and softphone (virtual phone)
- IP Adapter and conventional telephone.
- IP Phone or any other terminal allowing the use of IP telephony.
3.6- The Customer may use the Services through a computer, tablet or mobile phone on which he will install a software compatible with the SIP protocol.
3.7- In any case, an IP equipment or software not purchased from our WEB, PC or from a CUSTOMER mobile phone where the software for establishing voice communications over IP is installed, will be part of the SERVICES.
3.8- For proper operation of the SERVICES, the CUSTOMER terminals and equipment shall meet the technical specifications of wireless broadband Internet, as well as those specific technical characteristics of our VOIP service.
3.9- To use the SERVICES, both terminals and associated equipment, must be properly configured.
3.10- It’s up to the customer the installation and configuration of various equipment, components and devices necessary for the use of the SERVICES.
3.11- Notwithstanding the provisions of the preceding paragraph, the Customer may request HIVOOX help with the installation and configuration of elements and devices necessary for the provision of the SERVICES.
3.12- Particularly, the SERVICES don’t allow communications regarding short numbers, nor allow access to Emergency Services.
3.8 - SMTP SERVERS
3.8.1- To use SMTP servers, the CUSTOMER must have a broadband Internet connection, a computer, and a contact list that includes authorized email addresses. The CUSTOMER will not use the SMTP servers subscribed on the WEB to send spam, make any illegal use or cause damage to third parties.
3.9 - TELEMARKETING AND TELEWORKING
3.9.1 - The CUSTOMER subscribes to the service, to make telemarketing campaigns or other tasks for his company. HIVOOX will provide the CUSTOMER with technical and human resources so that the tasks desired by the customer are made by the agent in good conditions.
3.9.2 - HIVOOX, will be responsible for the quality of services and will supervise the tasks performed by the agent with the diligence required of an expert in the execution of tasks, object of the contract.
3.9.3 - The CUSTOMER is solely responsible for determining whether the services covered by this contract correspond to his needs.
3.9.4 - The CUSTOMER must have the necessary IT resources to access the Hivoox control panel.
3.9.5 - Services will be provided from the HIVOOX platform or from the home of the chosen agent.
3.9.6 - The CUSTOMER can contact his agent directly via the telephone extension, email or ticket provided for this purpose, to give him instructions or correct errors.
3.9.7 - The training of the agent on the CUSTOMER's services or products, if necessary, will be the responsibility of the CUSTOMER's. The CUSTOMER's will train the agent on the tasks to be performed.
3.9.8 - In the case where the agent must load certain information on the CRM or another system of the CUSTOMER, the customer will have to provide him the access codes to the CRM or the system.
3.9.9 - The agent will work exclusively under the instructions of the CUSTOMER and with the help of a supervisor. The CUSTOMER undertakes to follow up on the tasks and to inform HIVOOX of any breaches noted.
3.10 – MAILING ADDRESS SERVICE
3.10.1- On the description page of each mailing address service, the CUSTOMER will be able to see the services included in detail in each address. Only the use indicated in the service description will be accepted.
3.10.2- The CUSTOMER subscribes to the mailing address service for his company or for his personal use. By subscribing to this service, the CUSTOMER orders HIVOOX a professional address and authorizes HIVOOX to take the necessary measures to implement this service.
3.10.3- For mailing address service in countries and cities where Hivoox does not have its own premises, the CUSTOMER authorizes Hivoox to:
a) - Sign the service contract on behalf of the CUSTOMER, with companies that collaborate with Hivoox, to provide the CUSTOMER with the desired mailing address.
b) - Design the address that will be used to receive and manage the CUSTOMER's correspondence, the address can be owned by Hivoox or its partners.
c) - Sign the receipt of letters and other correspondences.
d) - Perform all the additional actions necessary for this purpose.
3.10.4- The customer also authorizes HIVOOX TELECOM, to communicate his personal data to the stakeholders of the mailing address process, in order to activate the service, subject to the legal provisions provided for this purpose.
3.10.5- HIVOOX informs the CUSTOMER by e-mail whenever a correspondence is received for the CUSTOMER. The CUSTOMER may request the scanning of the correspondence and receive it by e-mail or request the correspondence to be mailed to the address of his home or office. In case of sending the correspondence to the residence or office address of the CUSTOMER, shipping costs will be borne by the CUSTOMER. The shipping costs will depend on the destination and the means of transport chosen by the customer.
4- CUSTOMER SERVICE
HIVOOX puts at the CUSTOMER disposal a Customer Service and Technical Assistance on the SERVICES.
4.1- The Helpdesk and Customer Service may be provided via email or through the phone number enabled for this purpose. This service does not include the technical assistance of incidents in the CUSTOMER computer, but HIVOOX can help their CUSTOMER to configure or install any equipment or software purchased on the WEB.
4.2- HIVOOX has a service to collect incidents from the WEB of management of customer lines, where you can detail your issue.
4.3- HIVOOX assumes the obligation to resolve issues related to IP telephony and will initiate the procedure for resolution of incidents thereof, as soon as the CUSTOMER reports such incident.
4.4- HIVOOX will provide to the CUSTOMER the service of resolution of incidents only in cases in which the diagnosed incident is originated due to failures attributable to HIVOOX.
5- GENERAL CONDITIONS OF SUBSCRIPTION AND PURCHASE:
5.1 - PRICE
The cost of the services and products included in the WEB will always be established for each on current rates, which are accessible through the web of HIVOOX and displayed in the information accompanying the product and service or in the section rates. This company reserves the right to modify these rates at any time to apply that amendment for the parties since it is incorporated into the WEB.
6- PAYMENT AND BILLING
6.1- Credit Card
The customer can pay for services or products via credit card or debit card using the payment gateway enabled on the web.
6.2- Bank transfer
The customer can pay by bank transfer to the bank account of HIVOOX. The transfer payment may take 24-72 hours to reach our account.
6.3- Payment by Western Union, Moneygramm
The customer can choose to pay the order by making the payment to the name that HIVOOX indicates during the ordering process.
Paypal is a secure payment system to buy online. Choosing payment by paypal, customers can pay for their order by credit card or debit card, pay with a Paypal account or pay with a bank account.
6.5- Moneybookers (SKRILL)
Moneybookers is a secure payment system to buy online.
Choosing the Moneybookers payment, the customer can pay for his order by credit card or debit card, with a Moneybookers account, by bank transfer to an account of your country or an income online directly with your bank account (automatic payment). In all cases, we only ship orders after receiving the payment from the customer.
7.1- The SERVICES payments will be billed by prepaid.
7.2- Services with monthly fees are billed on a monthly basis by automatic payment, debit card, credit card or bank transfer.
In case of return of receipts, HIVOOX may suspend the provision of the Services if, after requiring the payment to the CUSTOMER, it’s not made effective. HIVOOX reserves the right to charge the customer the bank charges incurred for the return of receipts and equally, HIVOOX reserves the right to cancel the debt taking as the balance of payments that would have the CUSTOMER.
7.3- In no case the money credited to the concept of balance, buying a service on the web or bill payment will be refunded. In the case where the description page of a product or service states otherwise, the conditions on the page describing the service or product will apply.
8- CALCULATION OF THE CALLS CONSUMPTION
The calculation of consumption made by the CUSTOMER will always be conducted automatically by HIVOOX for each transaction and applying the rates.
9- TERMS OF DELIVERY
9.1 - Service delivery
9.1.1- We only process orders after receiving the payment according to the Payment Terms specified in this web.
9.1.2- Orders are delivered to the email address used during the registration process. In case of payment by paypal or Moneybookers, the order is delivered to the email making the payment.
9.1.3- Hivoox assumes no liability if delivery cannot be made as a result of an invalid, inaccurate or incomplete email. In case the email is not correct, Hivoox will contact the customer by telephone as soon as possible.
9.1.4- All orders paid by credit card, paypal, moneybookers or bank draft are delivered 2 to 24 hours after payment. Orders paid by bank transfer or performed outside our office hours are delivered in 12-72 hours.
In any case, all orders are delivered as promptly as possible.
9.2- Delivery of equipment
9.2.1- The orders are shipped in 24-48 hours via the carrier chosen when order is placed, after receiving your payment.
9.2.2- If you want your order to be delivered by a special carrier, please contact us immediately after making the payment and indicate the reference of your order and the desired carrier.
9.2.3- Shipping price may vary depending on the equipment purchased or the carrier chosen.
9.2.4- HIVOOX reserves the right to modify these deadlines and availability, extending if their technical possibilities allow it, without notice.
Being virtual services and for obvious reasons, no refunds. In any case the money paid for the purchase of a service on the web or bill payment will be refunded. But exceptionally, if the equipment purchased from our WEB did not work or was technically flawed so it was impossible to use the CUSTOMER shall be contact within 7 days with the CUSTOMER Service of HIVOOX to request a repair or return of such products.
In the case where the description page of a product or service states otherwise, the conditions on the page describing the service or product will apply.
11 - DOCUMENTATION
For activation of certain services, Hivoox may need the CUSTOMER identification documentation. On the page of each service, the customer will be informed of the documents necessary to activate the service. The customer is aware that if he does not send the requested documents to HIVOOX, the requested service will not be activated. HIVOOX will not accept any refund if the customer does not send the requested documents.
12- RIGHTS, DUTIES AND RESPONSIBILITIES OF THE CUSTOMER
12.1- On the Rights of the CUSTOMER.
12.1.1- The CUSTOMER shall be entitled to receive the Services on the terms and conditions set forth in the General Conditions and on the web.
12.1.2- If modifications urged by HIVOOX unilaterally SERVICES, CUSTOMER shall be entitled to terminate the contract observing the regime of notice specified in these Terms, without any penalty applies.
12.2- CUSTOMER Obligations and Responsibilities.
12.2.1- The CUSTOMER agrees to pay the corresponding provision of the Services on the terms and conditions set forth in the web of HIVOOX prices.
12.2.2- The CUSTOMER agrees to use the Services in accordance with the law, morals, good customs generally accepted and public order, and to refrain from using the Services for illegal purposes or purposes prohibited by these Terms general, prejudicial to the rights and interests of third parties HIVOOX. In such cases, HIVOOX may suspend, terminate service, billing and claim expenses incurred damages.
12.2.3- The SERVICES are supplied for the exclusive use of the CUSTOMER, which in any case, unless authorized in writing by HIVOOX, he can:
Move, transfer, assign, sublet, sell or make any other disposition of the SERVICES, either for free or at cost.
12.2.4- CUSTOMER is solely responsible for the consequences that may arise from such actions, as well as safeguarding the Services provided and shall take appropriate security measures to protect against unauthorized access.
12.2.5- The CUSTOMER agrees to make diligent use of the Access Keys and User IDs and keep secret the same.
12.2.6- In any case, the CUSTOMER liable corresponding to the use of the Services by any third party using the effect the Access Keys CUSTOMER expenses.
12.2.7- The CUSTOMER may change the passwords at any time, in accordance with the restrictions set by HIVOOX.
13- HIVOOX RIGHTS, DUTIES AND RESPONSIBILITIES.
13.1- HIVOOX rights.
13.1.1- HIVOOX is entitled to receive from the CUSTOMER the corresponding provision price of the SERVICES.
13.1.2- HIVOOX may terminate or suspend the provision of the SERVICES to those CUSTOMERS who infringe what’s established on the web and these General Conditions, proper notice.
13.1.3- HIVOOX may vary the terms of the SERVICES, modify and revise the rates subject thereof during the term of this contract.
13.1.4- HIVOOX reserves the right to modify its services, as well as the systematization of the data supplied and technical characteristics of access and transmission. HIVOOX also reserves the right to discontinue the service partially or totally due to technical changes or failures, without notice.
13.2- HIVOOX Obligations and Responsibilities.
13.2.1- HIVOOX won’t be liable for any damages the CUSTOMER may suffer, in case a usurpation of user IDs and passwords assigned by HIVOOX to the CUSTOMER for the provision of the SERVICES occurs or if it is performed by the CUSTOMER a negligent or irregular use of user IDs and passwords provided for the use of the SERVICES. HIVOOX won't be liable for any Software or equipment marketed in its SITE and not developed or manufactured by HIVOOX.
13.2.2- HIVOOX won’t take responsibility for the CUSTOMER computer equipment or any alterations that may occur to this equipment in the normal operation of the SERVICES as well as the different elements, equipment and devices purchased by the CUSTOMER for the provision of SERVICES.
13.2.3- HIVOOX does not guarantee the availability of the Services if the CUSTOMER has entered into his computer hardware or software elements that prevent normal operation.
13.2.4- HIVOOX ensures the confidentiality of the passwords of its customers.
14- LIABILITY FOR LACK OF AVAILABILITY
HIVOOX will be liable for the unavailability of the SERVICES, when due to a direct fault of HIVOOX solely and exclusively if the provision of those services is interrupted for longer than forty-eight (48) hours continuously or intermittently in one calendar month, computed in accordance with the provisions of this clause.
In this case, HIVOOX will be obliged to return the CUSTOMER the amount equivalent to that part of the monthly payment of the SERVICES for the effective time of the interruption exceeding forty-eight (48) hours.
This is the only compensation HIVOOX is required to satisfy the CUSTOMER for any damages of any kind that he may suffer from lack of availability of the Services, without prejudice to any others imposed by law.
14.1- It won’t constitute unavailability for this purpose:
14.1.1- Interruption of Services as a result of the Maintenance Service of the web.
14.1.2- The discontinuity in the SERVICES caused by the introduction by the CUSTOMER of hardware or software that may cause undesired operation of your overall computer or incompatible with the precise elements on that computer.
14.1.3- The damages identified in the access network segment not belonging to HIVOOX.
14.1.4- Interruption of Services due to the unavailability of Internet broadband supporting the SERVICES.
14.1.5- Interruption of SERVICES motivated by misuse, exceeding the corresponding traffic capacity access to broadband.
14.1.6- Interruption of SERVICES motivated by shared and simultaneous use these along with other services involving a shared capacity of the wireless broadband.
14.1.7- Interruption of SERVICES motivated by failures in the supply of electrical power to the equipment and devices used by the CUSTOMER for the SERVICES.
SERVICES may also be interrupted by other constituent unforeseen circumstances or major force.
14.1.8- If the unavailability of the SERVICES is motivated by Maintenance Service of the web, HIVOOX will notify the CUSTOMER dates of such transactions, when technically possible and with reasonable notice.
14.1.9- The lack of guaranteed availability of the SERVICES shall be computed from the time the CUSTOMER incident notification is received until the time the fault is corrected and the SERVICES effectively restore.
15- QUALITY OF THE TELEPHONY SERVICES
Since the provision of the Services is done on access to broadband, the unavailability or malfunction of it for any reason and to the same extent affect the proper functioning of the SERVICES, so in such circumstances, HIVOOX won't guarantee availability.
16- COMMUNICATIONS SECURITY
16.1- HIVOOX will put all means legally required to ensure the confidentiality and security of VoIP communications that pass through your network.
16.2- HIVOOX disclaims all liability that may arise from the use or advertising of telephone conversations and, in general, any actions or omissions not attributable to it violating the confidentiality of telephone communications.
17- INTELLECTUAL PROPERTY
17.1- HIVOOX owns all rights to intellectual property of the WEB and the elements contained therein, except for the rights that are not owned by this company and belong to their respective owners, and as such are recognized by the WEB.
17.2- It is strictly prohibited to modify, transmit, distribute, reuse, repost, or use all or part of the contents of the site for public or commercial purposes without the permission of HIVOOX.
17.3- The violation of any of these rights may constitute an infraction of these provisions, as well as an offense under the Criminal Code of the United States of America.
17.4- All manufacturer names, products, companies, trademarks and logos appearing on this WEB belong to their respective owners, whether they have or not the symbol ® trademark.
18- TREATMENT AND PROTECTION OF PERSONAL INFORMATION
To protect Personal Data, HIVOOX informs the CUSTOMER that the personal data necessary as a result of the application of a contract, transactions, and / or hiring SERVICES taking place by any means and the computer process already recorded data will be included in a file created under the responsibility of HIVOOX, authorizing this society to treat such data.
The collection and the aforementioned treatment are intended to maintaining the contractual relationship between the parties, management, administration, provision, expansion and improvement of services provided, matching them to the preferences and tastes of users, the design of our services, sending of technical, operational and commercial information about products and services offered by HIVOOX now and in the future, through such company or third parties.
The CUSTOMER may exercise their rights of access, rectification and deletion of data, accessed from the website of the company or by postal mail to the controller, HIVOOX TELECOM LLC, whose address is:
HIVOOX TELECOM LLC
607 Deemer PL Suite 210,
United States of America
The answer to the questions that have been raised and the information requested to formalize their relationship with HIVOOX is entirely optional, with no obligation of HIVOOX to ask the CUSTOMER consent to the collection of these data referring to parts of contract or preliminary contract negotiable relationship and being necessary for the maintenance and compliance. Thus, the refusal of the CUSTOMER to facilitate personal data that may have been request, shall determine the invalidity of the contract as they are necessary for the above purpose.
The CUSTOMER agrees that HIVOOX can proceed to send the CUSTOMER commercial, advertising and promotional communications via email, fax or other means of electronic communication, so that data concerning them will be used to conduct such communications. However, please note that the CUSTOMER can revoke consent at each commercial or advertising statement that he receives, and at any time by notifying the company in the form that is available on the web.
18.1- All notifications, modifications and communications from HIVOOX to the CUSTOMER shall be by email to the CUSTOMER has provided HIVOOX.
18.2- HIVOOX may also report incidents related to the SERVICES, by posting it on their web pages, where such information is of a general nature for all CUSTOMERS.
18.3- To this end, the CUSTOMER declares that all data provided is true and correct and undertakes to inform HIVOOX all changes relating to his home, data collection and all information necessary for the management and maintenance of the contractual relationship between HIVOOX and the CUSTOMER. The CUSTOMER will be responsible for the accuracy of the data.
This Agreement shall enter into force on the date that SERVICES are registered. For this purpose, the registration will be understood the day the CUSTOMER receives the communication of HIVOOX, indicating the configuration data and use and access keys to the SERVICES of the management WEB.
SERVICES: the initial term thereof shall be (30) days, thereafter will automatically renew based on their use. After this initial period, this Agreement shall remain in force renewed, meaning extended if either Party expresses its intention to extinguish it. If the CUSTOMER wishes to unsubscribe, he shall notify it at least five (5) days in advance.
For the basic IP, if there’s a lack of use of the Service for a period of (3) months, the line will be dismissed.
This Agreement may be terminated at the request of either Party, with the general grounds permitted by law, by those contained in these Terms and, specifically, for the following:
By the will of the CUSTOMER, sent HIVOOX, five (5) days’ notice, by notice sent to the address provided by the CUSTOMER in customer service.
For HIVOOX cessation in the provision of the Services, upon notice to CUSTOMER fifteen (15) days prior to the anticipated date of such cessation.
For breach of the obligations of the other Party, if such failure is not fixed within a period of seven (7) days after the written request of the other party requesting the correction of the breach, unless such failure is considered irremediable or make impossible the fulfillment of this agreement to the complainant, in which case the ruling may be immediate. This, in any case, deferring to the claim for damages may correspond to either Party, and the power of removal and suspension of access to the SERVICES.
22- IMPROVEMENT OF CONTRACT AND HOME SERVICE
Contracts between HIVOOX and its customers or subscribers shall be completed at the time of acceptance of the Terms of including explicit acceptance of the Terms of Service.
The acceptance of the contract will be concluded by means of the WEB or, as appropriate, by exchange of electronic mail or other electronic communication.
The Parties expressly agree that improving hiring the services requested will not occur until the CUSTOMER has made a payment in accordance with the specific conditions that have been disclosed.
23- AGREEMENT INTEGRITY. VOIDABILITY
These conditions supersede all prior agreements, understandings and prior commitments between the parties and constitute the entire agreement between HIVOOX and the CUSTOMER. If any provision of this contract was voidable or null and void, it shall be deemed not set, keeping the rest of its entire binding contract between the parties.
For the resolution of any legal dispute arising from the interpretation and / or execution of the contract, the parties waive any other general or special jurisdiction that may apply to the Courts of the State of Delaware undergo in the United States of America.
The customer understands and accepts the above conditions:
I have read and accept the terms of the contract.