1. Subject matter of the contract
1.1. Backbone Solutions AG offers telephony services for legal entities under the brand name "VOIPGATEWAY". These General Terms and Conditions govern the relationship between Backbone Solutions AG (hereinafter referred to as “VOIPGATEWAY”) and the customer concerning the telephony services VOIPGATEWAY, unless other written agreements have been negotiated.
2. Start date, duration and the end of the contract
2.1 The service contract with the customer takes effect with the registration on the wesite www.voipgateway.com and the acceptance of VOIPGATEWAY. The customer will receive a confirmation e-mail after the registration.
2.2 The service contract will be concluded for one year (minimum contract period), unless otherwise agreed in writing.
2.3 The customer can dissolve the service contract only by complying with a one-month cancellation period and the minimum contract period. The cancellation of the contract must be given in writing or electronically to VOIPGATEWAY.
2.4 In the event of delay in payment, VOIPGATEWAY hereby reserves the right to close the user’s account immediately and demand the outstanding amount by taking legal action.
2.5 Any remained talk credit cannot be refunded or transferred to the customer after the cancellation of the contract.
2.6 In case of illegal and immoral behaviour of the customer, VOIPGATEWAY hereby reserves the right to interrupt the service immediately.
2.7 Unused VOIPGATEWAY accounts will be deactivated by the end of the one-year period. This period will be calculated by the last phone call made over the VOIPGATEWAY connection. Any remained talk credit of deleted accounts cannot be refunded or transferred.
2.8. VOIPGATEWAY hereby reserves the right to refuse registrations if they are made without giving reasons.
3. Services and obligations of VOIPGATEWAY
3.1 VOIPGATEWAY provides telephony services within the realms of the available resources according to the current state of the art. VOIPGATEWAY assumes no liability for any consequential damages caused by unforeseen events such as interruption of the telecommunications, force majeure, official measures, changes to the services by suppliers etc.
3.2 The services are available to the participant basically 24 hours a day, 7 days a week. Otherwise indicated arrangements and technical malfunction, which can lead to impairment of the service, reserved.
3.3 Current language service tariffs can be accessed at any time on the website of VOIPGATEWAY. Tariff adjustments for the fees do not require explicit notice or written or electronic message.
3.4 The customer is responsible for the software and hardware installation as well as for the security of VoIP -telephones, -gateway, -telephone system or network against abuse. VOIPGATEWAY assumes no liability for abuse or hacking attempts to telephone systems or SIP-terminals.
3.5 VOIPGATEWAY is obliged to not pass on any customer data to third parties. All personal data will be treated as confidential. The for the business processing required data will be stored and if necessary transmitted within the scope of the handling of purchase orders to affiliated enterprises.
3.6 VOIPGATEWAY provides free trial accounts for 3 months with € 10 as starting assets. A customer can register for only one trial account. There is no claim for the starting asset and it will not be paid out in case of non-use. The trial account will be deactivated after 3 months at the latest.
4. Obligations of the Customer
4.1 The customer is obliged to specify its exact address and adjust any possible amendment in its user account immediately.
4.2 The customer is obliged to use the services of VOIPGATEWAY within the framework of existing legislation and the accepted standard of the internet.
4.3 The customer is obliged to not arrange, contribute, send, provide or otherwise support illicit contents, especially advertising (SPIT) or other performances in violation of legal requirements.
4.4 If the customer violates any regulation mentioned in this agreement, VOIPGATEWAY is entitled to close the user account at any time without sending the notification to the customer.
5. Prices, Payment Terms
5.1 Current prices are listed in the VOIPGATEWAY website and can be accessed at any time. Tariff adjustments for the fees do not require explicit notice or written or electronic message.
5.2. After the registration, the customer will receive an invoice for the installation costs, the subscription fees for the PBX connect connection for the first 12 months as well as a prepaid credit of € 50. This bill must be settled by bank transfer before the activation of the account. Only after the receipt of payment, the account will be activated and the function ‘payment by credit card’ enabled.
5.3 There needs to be enough credit paid in the user account before the customer can use a service liable to costs of VOIPGATEWAY (prepaid). You have several payment possibilities for the credit transfer.
5.4. Credit card details are encrypted using a 128 Bit SSL technology. Every single transaction will be authorised online by the credit card companies in charge.
6. Final Provisions
6.1 The General Terms and Conditions of Service regulate the rights and duties between VOIPGATEWAY and the customer.
6.2 Amendments or additions to the service contract have to be made in writing and with reference to the amended regulation.
6.3 If a regulation of the concluded contract, which the customer entered is void, the remaining regulations shall remain valid. In this case, the invalid regulations should be substituted by a valid one, which conforms its economic impact to the invalid regulation as closely as possible.
6.4 Place of jurisdiction is Schindellegi (SZ) in Switzerland. VOIPGATEWAY is entitled to take proceedings against the participant at his domicile or residence. This contract and its integral parts are governed by the Swiss law of obligations.