Cloud Phone Terms – Vivid telecom

VoIP Terms and Conditions

General Information The terms and conditions set out in this Annex relate to our voice telephony services (“Voice Services”) and are in addition to the standard terms set out above This Annex relates to the following Voice Services:

Single User VoIP
Multi User VoIP
SIP Trunking (inbound and/or outbound)
VoIP Add-ons
- Minutes bundles
- Number porting

Voice Services & Emergency Services You acknowledge and agree that the Voice Services: do not offer all of the features of a conventional phone line or phone service; and may sometimes be unavailable as a result of things over which we have no control, including (without limitation) the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection. Our Premium Broadband Service is designed to enhance the performance of our Voice Services. Where you use Voice Services in conjunction with Internet connectivity provided by a communications provider other than Vivid Telecom, there may be a greater likelihood of connectivity problems. We recommend using Vivid Telecom broadband service with VoIP telephony so we can identify whether there are any faults and provide a quicker fix. We also recommend placing VoIP on a separate broadband line so it has the sole use of the broadband connection. If you choose to sign up to our VoIP service and continue to keep your broadband with another company, we will have no liability to you for such problems where they are attributable to third party connectivity and/or hardware. With VoIP you have the ability to use the service to make emergency calls by dialling 999 or 112 however because of technical issues and the fact VoIP can be used from various locations it may not always be available for the emergency operator to understand where you are. We will have no liability whatsoever for any consequences of incomplete or inaccurate location data that you have registered with us being passed to the emergency services. Your VoIP responsibilities It Is your responsible to ensure that you keep your VoIP server secure at all times to avoid attacker from making fraudulent calls on your system. VoIP is the most well-known service that can run up a very expensive bill, if not looked after properly. Please see below link from the ITSPA where they would provide you recommendations for your PBX. https://www.itspa.org.uk/wp-content/uploads/1311-Recommendations-for-secure-deployment-of-an-IP-PBXV2.pdf Number Porting Vivid Telecom will always endeavour to port your numbers in a timely fashion. However, we cannot provide any guarantees that numbers can port successfully, that numbers can port within a certain timeframe (including but not limited to the minimum lead time), or that there will not be problems porting the number away from your current provider. If you decide to port your number to Vivid Telecom or away from us, please take a look at the Porting Handbook where you can read further information about this and any applicable charges involved in order to complete the porting process. https://www.vividtelecom.com/voip-porting-handbook VoIP Calls Vivid Telecom offers 2 types of account for your telephony service. Prepaid – Your account would be setup as a pay as you go service. You would be required to login to your account and deposit funds in order to make outgoing calls. If your credit runs out and you are in the middle of a phone call the call will disconnect however prior to this, you will receive a warning advising you of how long until it would disconnect call(s). Post-paid – We would assign you a credit limit on the account which we will invoice you every month. You may only qualify for this which is based on the credit score we collect from your company file. If such credit is not available we may ask for bond in order to fund the account. All calls made through the VoIP system will store call itemised records on Vivid Telecom call platform in real time. These calls could be based on prepaid or call data records which have not yet been invoiced. All call records are subject to VAT. Billing & Payments All charges provided to the customer shall be in accordance with our price list when in effect. Vivid Telecom may at any time amend the rates for calls and fees that are charged for the service(s) Auto Pay can be setup giving you the ability to top up your account if your credit is running low. The user will grant continuous authority for Vivid Telecom to charge the debit or credit card until such time the auto top up service is cancelled. This includes all admin and porting fees. If the customer chooses to cancel the monthly service(s) or auto top up then the continuous authority is immediately ceased. In the event that Vivid Telecom are unable to take continuous payments from the customers card then we will inform the customer by email and they will be prompted to make a manual payment. Any unpaid items will be marked as expired and the customer advised to renew. If the payment remains unpaid then Vivid Telecom in its sole discretion will have the authority to terminate the agreement and without or support such services. Any charges applied to the invoice are subject to VAT which shall be paid by the customer. The customer will pay for all calls from their online account whether it was authorised or unauthorised. Warranty The customers agrees that all Vivid Telecom services and any information obtained from Vivid Telecom is at the customer’s own risk. The customer acknowledges and understand that neither Vivid Telecom, nor any of its employees, representatives, warrant that the services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation that may be obtained from the use of the services as to its accuracy and reliability. Limited Liability Under no circumstances including negligence shall Vivid Telecom, employees or anyone involved in creating or distributing the service be liable to the customer or any third party for claims, cause of action or direct, indirect, incidental, special or consequential damages that result or have alleged to have resulted from the use of or inability to use the service. Vivid Telecom will not be liable for mistakes, omissions, interruptions, deletion of files, errors, loss of data or transmission or any failure of performance whether or not limited to acts of God or theft. Vivid Telecom shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its services provided hereunder. Notwithstanding the above, Customer’s excusive remedies for all damages, losses, cost of actions from any and all claims, whether in contract, tort including negligence. Termination This Agreement may be terminated by either party without cause by giving 30 days’ prior written notice or for the customer to login to the client area and requesting a cancellation of service. If the customer cancels the service using the client area and chooses “immediately” the service would terminate within 24 hours and would not be entitled to any pro-rated refunds. The customer must ensure that their account is up to date prior to the account closing to that the service is completed cancelled. Credit on Account Any prepaid credit that is unused on the Customer VoIP account that is dormant for 6 months or longer will be deleted and is non-refundable. Dispute Resolution In the event of a dispute between the Customer and Vivid Telecom, the Customer in the first instance should contact us. In the unlikely event that the complaint cannot be settled locally, the ITSPA Code of Practice contains an easy accessible dispute resolution scheme for the purpose of bringing satisfactory conclusion. Vivid Telecom Ltd Unit 2477 Chynoweth House Trevissome Park Truro Cornwall, TR4 8UN Vat Number: 94498559Gb Company No: 06717474 Telephone: +44 (0)800 622 6267

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