General Terms and Conditions
1. Applicability of Terms of Service
These General Terms of Service apply to all contracts between TerraSip S.A. Avenida Espana 70/363, 29680 Estepona ("TerraSip"), and the contract partner, being in context of the product offered by TerraSip, as well as for the utilization of the over the internet offered products and their associated services ("Telephone Services").
1.2. TerraSip agrees to your use of its Telephone Services subject to the applicability of these Terms of Service. By registering for and using the TerraSip Telephone Services, the subscriber agrees to these General Terms of Service.
1.3. The subscriber is required to provide correct and complete information during registration. The subscriber must inform TerraSip immediately of any changes to his/her name, address, billing address or billing account.
2. Subject Matter of TerraSip Telephone Services
TerraSip enables subscribers to make telephone calls over the Internet. For this purpose TerraSip operates the Internet website www.TerraSip.com as well as the technical facilities required for providing these services.
2.2. The services provided by TerraSip entail the forwarding of telephone calls from a leased connection to the receiver connection via the Internet. TerraSip will retain ownership of the subscribed phone number.
2.3. As regards any services offered by TerraSip free of charge, the subscriber has no right to demand fulfillment of such services. TerraSip reserves the right to cancel or change such free services or make them payable services at any time. The subscriber will in no way be entitled to claim curtailment, recompense or indemnification for any such change or cancellation of free services.
2.4. In the case of unforeseeable events based on force majeure, official decisions, failure of telecommunication connections or other disruptions, TerraSip will be absolved of its obligation to provide services for the duration of the event.
3. Payment
The tariffs and charges for the use of TerraSip services are stated on the TerraSip website www.TerraSip.com.
TerraSip is entitled to demand advance payment for the required services. Advance payments are not refundable. TerraSip can decide from case to case to refund prepayments according to willingness. Refunds under 5 Euro are not possible, because of high handling and transaction charges.
4. Software
Insofar as TerraSip provides the subscriber with software, the subscriber is granted a non-exclusive, non-transferable license to use the software in order to make use of the telephone services offered by TerraSip or its partners. With the exception of the right to create a backup copy of the software, the subscriber is not permitted to reproduce, publish, distribute or otherwise provide the software to third parties.
5. Retention of Ownership
TerraSip operates telephone systems using different telephone connections from various network providers. The service provided by TerraSip consists solely of forwarding telephone calls from a leased connection and transport via the Internet to the subscriber. TerraSip does not supply the required telephone line connection. Ownership of the telephone number is retained by TerraSip.
6. Responsibilities of the Subscriber
6.1. The subscriber agrees to use the telephone services provided by TerraSip only in compliance with relevant legal regulations and accepted Internet standards.
6.2. In particular, it is expressly forbidden to violate property rights (e.g. copyrights, database rights, trademark rights, patent rights, etc.), to use the telephone service for the collection or distribution of immoral or illegal information, or to distribute abusive, slanderous or inciting materials.
6.3. Moreover it is forbidden to break into other data systems or modules ("hacking"), to scan third-party services or systems ("port scanning"), or to send unwanted or unsolicited data in large amounts or to a large number of recipients ("spamming").
6.4. In the case of violation of the above responsibilities by the subscriber, TerraSip has the right to remove any such materials or data prohibited according to the above stipulations and to take other measures to prevent further abuse.
6.5. The subscriber agrees to indemnify TerraSip from all third-party claims brought to bear against TerraSip in connection with any unallowed or unlawful use of the TerraSip telephone services by the subscriber and reimburse all costs incurred by TerraSip in this regard (including but not limited to court and attorney’s fees).
6.6. TerraSip reserves the right to suspend the subscriber’s service without prior notice if faced with considerable, continued disturbance of the TerraSip network.
6.7. TerraSip will make every effort to provide uninterrupted, unobstructed functionality of its services to the subscribers. In this regard the subscriber accepts that maintenance periods will occur, during which services may be temporarily restricted.
7. Privacy
TerraSip agrees to abide by all relevant privacy protection regulations. In particular, TerraSip will only collect, process or use personal data concerning the subscriber insofar as this is necessary for the use of the TerraSip telephone service and the invoicing of services provided, and will in no way make this data available to third parties.
8. Warranty Claims
TerraSip cannot be held liable for unsuitable or incorrect use, faulty installation or activation by the subscriber or a third party, general wear and tear, incorrect or negligent treatment or inadequate maintenance.
In the case of inappropriate modifications made by the customer/subscriber or a third party, TerraSip will not be liable for any consequences resulting from such modification. The same applies for changes made to the delivered product(s) without prior approval from TerraSip.
9. Liability
9.1. TerraSip will be liable for damages, regardless of whether they result from a breach of contract or from an unallowed action, only in accordance with these General Terms of Service.
9.2. TerraSip will not be liable for force majeure events, nor for any other circumstances for which TerraSip is not responsible, nor for any loss of revenue resulting from an interruption or disruption of its services.
9.3. TerraSip accepts no liability for the correctness, completeness, quality or topicality of the information provided.
9.4. In the case of direct or indirect links to external websites beyond TerraSip’s field of responsibility, a liability on the part of TerraSip would only arise if TerraSip had knowledge of the external site's contents and had the technical means to prevent their use in the case of unlawful content. TerraSip hereby declares that at the time the links were set no unlawful contents were apparent on the linked websites. TerraSip has no control whatsoever over the current or future design, content or authorship of the linked websites. Hence, TerraSip explicitly disassociates itself from the content of any linked pages that have been changed since the link was set. This applies to all the links and references contained within TerraSip’s own website content as well as any links or references entered in the guest books, discussion forums, or mailing lists set up by TerraSip. The owner of the referenced page is solely responsible for any unlawful, incorrect or incomplete content and in particular for any damage that may occur as a result of using or not using such information - the owner of the site containing the link to the relevant page is not responsible.
10. Limitations
All claims on the part of the subscriber – regardless of their legal or contractual foundation – are subject to a limitation of 12 months. Liability claims based on Clause 9 are subject to the applicable legal time limitations.
11. Contract Term and Termination
Subject to any regulations regarding contract term and termination that may have been agreed, the general rule for both will be the end of every month, if no other agreement is made.
12. Modifications
TerraSip has the right to modify or supplement these Terms and Conditions at any time, provided the modification is announced at least one month before it goes into effect. The subscriber has the right to object to such modification of the Terms and Conditions. In this case TerraSip will inform the subscriber about the relevant modification, indicating the relevant location of the publication.
13. Jurisdiction, Applicable Law and Final Regulations
13.1. Jurisdiction for all litigations is Estepona. If the contract partner is merchant or legal person or doesn't have any general jurisdiction, so Estepona is exclusive jurisdiction for all from the contract relationship yielding disputes provided nothing else was agreed. In addition TerraSip is entitled to sue the contract partner at his general jurisdiction. Spanish law is applicable to all legal relationships of the parties.
13.2. Should any part of these Terms of Service be deemed invalid or untenable, the remainder shall remain in place and in effect.
June 2005
TerraSip S.A.
Avenida España 70/363
29680 Estepona / España
|
|
