PLEASE READ CAREFULLY BEFORE USING THE SERVICE(S) / PRODUCT(S) OR IQFON WEBSITE.

Key Points
It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasize:

NO ACCESS TO EMERGENCY SERVICES:
The Service does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.

NO OWNERSHIP OF NUMBERS:
If iQfon allocates you a NUMBER, you do not own that number or have a right to retain that number forever. iQfon may need to change or withdraw the number allocated to you from time to time. You will not transfer or attempt to transfer your Number(s) to anyone else. You must ensure you comply with any allocation requirements.

YOUR CREDIT BECOMES INACTIVE AFTER 12 MONTHS:
If you purchase Credit please be aware that it becomes inactive after 12 months of inactivity.

Your agreement with iQfon is made up of the terms and conditions set out in this document, together with any Additional Terms (collectively the“Terms”). To the extent of any inconsistency between the Additional Terms and this document, this document shall take precedence.

  1. Acceptances Of The Terms
    1. In order to use iQfon services, you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you use the Services, and/or iQfon Website. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or iQfon in accordance with paragraph 8.
    2. You cannot accept these Terms if you are not of legal age to form a binding agreement with iQfon.
    3. In some countries the Products may be provided to you by iQfon’s local partner. If so, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.
  2. Changes To The Terms
    1. iQfon may make changes to these Terms from time to time. Changes to the Additional Terms will be posted on the applicable IQfon Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Products and/or iQfon Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with iQfon in accordance with paragraph 8 below.
  3. Definitions

    Agreement:the agreement between You “Customer” and iQfon, or “parties” including these Terms of Sale and any applicable exhibits.

    AUP:the Acceptable Use Policy published on the iQfon website: www.iQfon.com. iQfon reserves the right to change the AUP from time to time, effective upon posting of the revised AUP on the website or notice to Customer.

    Authorizations:any and all concessions, certifications, registrations, licenses, authorizations, permits or similar approvals and/or documentation as may be required by any applicable NRA or other governmental body or agency having jurisdiction in any country over the provision of the Services.

    Charges:any set up or installation charges (non-recurring charges or NRC), usage based charges (such as toll free per minute charges or per SMS received charges) and monthly recurring charges (or MRC) due by Customer under the Agreement.

    Customer: a customer ordering a Service with iQfon. Effective Date: the Service Date of the first Service ordered by Customer.

    Minimum Term: minimum term of the Agreement as from the Effective Date with a minimum of 12 months, unless otherwise agreed upon between parties.

    Minimum Commitment: an obligation as to a minimum monthly payment subscribed to by Customer expressed in MRC and agreed upon by Parties with a minimum. Other Charges such as the NRC and Usage Based Charges will not be taken into account when computing the Minimum Commitment.

    NRA: a national regulatory authority in the country in which the numbers will be used or any other competent authority determining rules, regulations and guidelines applicable to the Service offered by iQfon.

    Number: a number used by Customer or a Subscriber to receive a Service. The type of Number depends on the type of Service.

    Personal Data: data related to an individual including data transmissions (such as the originating and destination numbers, IP addresses, date, time and duration of voice or data transmissions, and other data necessary for the establishment, billing or maintenance of the transmission), data containing personal and/or private information of Customer’s officers, employees or authorized users of the Services.

    Price List:the iQfon’s standard price list available on www.iQfon.com.

    Service(s):a service provided by iQfon to Customer as fully described in the Service Description.

    Service Date: the date of activation of a Service by iQfon.

    Service Description:the description of the Services as detailed in an exhibit to the Agreement.

    Usage Based Charges:Charges determined in function of usage such as the per minute Charges due for using the iQfon Service(s).

  4. Services
    1. iQfon agrees to provide to you and you agree to purchase from iQfon, the Service(s) as set forth in the Service Description.
    2. iQfon shall provide the Service in accordance with the applicable regulatory framework and any order or determination of any competent NRA. To that effect, it shall ensure that it obtains and maintains all Authorizations necessary to provide the Service.
    3. iQfon shall endeavor to ensure interoperability of Services in order to make the Numbers reachable from as many mobile and fixed networks as possible. However, as iQfon relies on the interoperability of services from its local partner(s) in each country for end-to-end connectivity, iQfon does not warrant and represent that the Numbers will be reachable from all mobile and fixed networks.
  5. User Account
    1. Prior to your first use of the iQfon Service(s), you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use Service(s) through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. iQfon takes no responsibility for your failure to comply with the obligations in this paragraph.
    2. You shall pay for the Service(s) in accordance with the rates set at iQfon website at www.iQfon.com and the payment terms set forth in clause 6 of the Agreement.
    3. You shall not use the Service for any unlawful purpose whatsoever, including but not limited to the transmission of information or the offering of any service which is unlawful, abusive, harmful, threatening, defamatory, pornographic or which could be considered offensive in any other way, nor for outbound traffic to the PSTN by falsifying the sending address of the transmission using an iQfon number in the caller id (spoofing). Outgoing calls using a Number as CLI is strictly prohibited.
    4. You shall provide the following information: name, ID number, place of residence or business (street, number, zip code, city, country) and any other relevant information within 24 hours from iQfon’s first request.
    5. You acknowledge that iQfon transmits the CLI in compliance with the applicable international rules and standards from the point of entry to the point of exit of its network. By selecting a CLI format other than the default E.164 format, You explicitly agrees to be fully responsible for any consequences resulting from the altered presentation. You also agrees that iQfon may at its sole discretion and without notice in advance modify the CLI format in the event that an NRA requests iQfon to do so.
    6. You acknowledge and agree to abide with the guiding principles on CLI presentation (CLIP) and CLI restriction (CLIR). In particular, You will (i) upon terminating a call to the end user, show the CLI when the caller opted for CLIP and block CLI presentation when the caller opted for CLIR, and (ii) keep CLI information confidential and only make use of CLI information for the purpose of providing a telecommunication service (call conveyance, operator assistance, emergency services, customer care, billing and managing the network). You shall not use CLI information for other commercial activities such as marketing or the advertising of any services.
    7. You acknowledge that any violation of this clause 5 shall constitute a material breach of the Agreement in accordance with clause 8 and you agree to hold iQfon harmless and indemnify it against all costs and liabilities arising out of any violation of this clause 5.
  6. iQfon Numbers
      Availability and use
    1. When we provide you Online Numbers (iQfon numbers), you agree that:
      1. you do not own the number or have a right to retain that number forever;
      2. The number provided to you is subject to applicable numbering rules and regulatory practices;
      3. you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of, or any reasonable instructions that iQfon or iQfon’s partners may give to you with regard to the use of the numbers and the Products;
      4. you will not transfer or attempt to transfer your number to any third party. In particular, you are responsible for compliance with any requirements related to residency and or location; and
      5. you will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes. iQfon reserves the right to change the terms related to iQfon numbers, including without limitation to impose or amend any residency requirements and/or require the provision of further user information for continued access to such numbers. In certain countries, a number may be made available to you by a iQfon partner rather than iQfon, and you may need to enter into a separate agreement with such partner.
    2. Other changes to numbers
    3. If iQfon needs to withdraw or change the number that has been made available to you, iQfon will use commercially reasonable endeavours to notify you by e-mail, stating the effective date of the change and where possible, your new number. If you do not wish to accept this new number, you are entitled to terminate your number.
  7. Quality and Changes to Products
    1. iQfon cannot guarantee that the Services, Products or iQfon Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and Services or iQfon Websites, and may result in the failure of your communications including but not limited to: your mobile operator, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. iQfon takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
    2. iQfon is constantly improving the Services and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of iQfon website may vary from time to time. Technical requirements for use of Products and Services and feature descriptions are available on the iQfon Website. If you do not agree with any changes to Services and Products you may terminate your relationship with iQfon in accordance with paragraph 8. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the iQfon Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
  8. Charges Calling landlines and mobiles:
    1. The charges payable for calling phones or premium rate numbers consist of a per-minute rate available at www.iQfon.com.
    2. iQfon may change the rates for calling phones and premium rate numbers at any time without notice to you by posting the rates at www.iQfon.com. The new rate will apply to your next purchase after he new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.
    3. The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. Fractional usage charges will billed in increments that are rounded up, for example a charge of $0.049 will be charged at $0.05. During the call, charges incurred will be deducted automatically from your iQfon Credit balance in your User Account.
    4. Third Party Charges
    5. Using your mobile to make calls, will use some of your mobile minutes depending on the package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
  9. Payment and billing terms
    1. You can purchase credit using any payment method made available to you by iQfon from time to time. The credit that you purchase will be credited to your User Account at the time of purchase.
    2. You credit shall expire 12 months from the date of purchase. You are not permitted to use any credit on or after the date of its expiry.
    3. You shall not be entitled to a reimbursement of any prepaid Charges.
  10. Suspension
    1. iQfon may, at its sole discretion and without prejudice to any right which it might have to terminate the Agreement, elect to suspend forthwith the provision of a Service until further notice in the event that:
      1. It is entitled to terminate the Agreement pursuant to clause 8;(ternmination claus)
      2. It is obliged to comply with an order, instruction or request of an NRA, a court, government, agency, emergency service organization or other competent administrative or regulatory authority;
      3. It needs to carry out emergency works to its network or Service equipment;
      4. It has reasonable grounds to believe that the Service is being used fraudulently or illegally
      5. You use the service or numbers in violation of the conditions mentioned in the Service Description.
    2. iQfon shall not be liable for any loss, damage or inconvenience suffered by You as a result of any suspension made pursuant to clause 8. You will in no event be entitled to any compensation should such suspension occur.
  11. Termination

    In addition to any other rights at law or in equity, iQfon may immediately terminate any Service(s), Product(s) and/or the Agreement relation to that Service if you commit a material breach.

  12. Indemnity and liability
    1. Notwithstanding any other provision of the Agreement to the contrary, in no event shall either party be liable to the other party for consequential, special or indirect losses or damages sustained by them or any third parties with regard to the Services, irrespective of whether under contract, tort or otherwise (including, without limitation, loss of profits, loss of revenues, loss of customers or damage to reputation or goodwill).
    2. Either party shall not be liable to the other for any failure to comply with its obligations under the Agreement to the extent that such liability arises as a result of the failure by the other to fulfill its obligations under the Agreement or force majeure as set forth in clause 12.
    3. The parties expressly agree that no claim for losses or damages whatsoever in connection with the Agreement shall be made more than six (2) months after the date that the event giving rise to such claim is known or reasonably should have been known to the party making such claim.
  13. Suspension, technical improvement and maintenance

    From time to time, iQfon may need to perform maintenance on or upgrade the Services, Products or iQfon Website or the underlying infrastructure that enables you to use the Services, Products or iQfon Website. This may require iQfon to temporarily suspend or limit your use of some or all of the Services, Products or iQfon Website until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, iQfon will publish the time and date of such suspension or limitation on the iQfon Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Services, Product or iQfon Website.

  14. No Access to Emergency Services

    Neither the Products nor the Services are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (‘Emergency Services’). There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) iQfon is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Services and the Products are not a replacement for your primary telephone service.

  15. Force Majeure
    1. Neither party shall be liable for any default or delay in the performance of its obligations, except for payment obligations for Services rendered up to the date of the force majeure event and for Services to sites unaffected by the force majeure event, under the Agreement if such default or delay is caused directly or indirectly by fire, explosion, vandalism, sabotage, natural disasters, fire, flood, earthquake, “acts of God”, war, riots, civil disturbances, rebellions, revolutions, insurrections, acts of terrorism, governmental acts, court order, labor dispute, and failures or fluctuations in electrical power, heat, light, air conditioning or telecommunication equipment due to reasons beyond the parties’ reasonable control, or any other reason regarded as force majeure (“Force Majeure”).
    2. The parties understand and agree that iQfon will not be liable for any delays in the activation or provision of any Services caused by Force Majeure events as defined above. In such event, the party with the obligation to perform shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent reasonably possible.
  16. Intellectual property rights
      You acknowledge that:
    1. Any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever, which are used in connection with the Service and/or Service equipment, shall remain the sole property of entitled owner of such rights or its subcontractors; and
    2. It shall not be entitled to use the name, trademarks, trade names or other proprietary identifying marks or symbols of the other without its prior written consent.
  17. Data and Privacy

    We use the information we collect to provide the services you request. Your e-mail address is the preferred way for communication. We use the information we collect to inform you of additional features, expanded coverage or other products or services offered by iQfon. Our services do not include the display of personalized advertising. We do not sell, rent, or lease our customer lists to third parties.. We may, however, pass on personal information within our internal departments in order to e.g. manage your account and provide support services, as well as to finance for billing and collection purposes.

    iQfon, iQfon’s DID partner, or the operator or company facilitating your communication may provide personal data, communications content and/or traffic data to an appropriate judicial, law enforcement or government authority lawfully requesting such information. iQfon will provide all reasonable assistance and information to fulfill this request and you hereby consent to such disclosure.

  18. Severability

    If any part/provision of the Agreement is or becomes illegal, invalid or unenforceable, that part/provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining parts/provision of the Agreement. No waiver by either party to any provisions of the Agreement shall be binding unless made in writing.

  19. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of United Kingdom, without regards to conflicts of law principles.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICES, PRODUCTS AND/OR IQFON WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO IQFON THE RIGHTS SET FORTH HEREIN.