1.1. “GI Telecom” refers to the provider of voice over internet protocol services and associated services. GI Telecom Ltd will be referred in these Terms and Conditions also as “Us”, “We” or “Our”.
1.2. “Terms” refers to these Terms and Conditions which create a legally obligatory relation between GI Telecom and User including regulation of all the issues related to the Services.
1.3. “User” refers to individuals or companies using the Services in accordance with these Terms. Users can be referred in these Terms also as “You”.
1.4. “Services” refers to the VoIP and its associated services that are provided by GI Telecom in accordance with these Terms.
1.5. “Website” refers to the official web presentation of GI Telecom.
1.6. “Goods” refer to certain means which are required to be used in order for the Services to be provided to the User/Users.
2.1. By accepting these Terms User/s is/are to be legally bound with GI Telecom as being described and regulated hereby. For these reasons all Users are strongly advised to carefully examine these Terms.
2.2. By accepting these Terms You are accepting the right of GI Telecom to change these Terms without an obligation to inform its Users each time these changes take place.
2.3. Users are advised to check occasionally these Terms or to contact our support in order to get an information about the possible changes.
2.4. Users are to accept these Terms “AS THEY ARE” without the possibility to express their disapproval with them other than to express disapproval of further compliance. This disapproval is to be expressed in a written notice 30 days in advance.
3.1. All complaints issued by User are to be in compliance with obligatory written form and specifically formulated periods of time.
3.2. In case that a User wishes to express a complaint he or she has to submit a written form followed by all documents issued on behalf of GI Telecom in the following periods of time:
3.2.1. Seven (7) working days after the Goods are being delivered to the User according to the Refund and RMA Policy.
3.2.2. Seven (7) working days after the Services are being used by the User for the first time according to the Refund and RMA Policy.
3.3. In case that the complaint is expressed after the expiration of these time periods the presumption about the acceptance of Goods/Services by the User with no objections is fully valid.
3.4. By accepting these Terms the User accepts an obligation to cover the costs of Goods shipment or Services usage during the 7 day period for complaints.
4.1. You are strongly advised not to disclose your login data (username and password) to any third party including GI Telecom support.
4.2. Users are strongly advised to be fully compliant with the GI Telecom’s security procedures and rules.
4.3. Users are strongly advised to report immediately any behaviour or access which can present a security threat.
5.1. All of our Services are provided with the utmost care. However, GI Telecom cannot be held liable under any circumstances for the following events related directly or indirectly to the providing of Services:
5.1.1. The interruption, security breaches, or cyber attacks.
5.1.2. Generating, storing, and transmitting of Services related data in a complete, accurate, or secure way at any given moment all the time.
5.1.3. Suspension of Services from various reasons such as repairs, maintenance activities, or improvements.
5.1.4. Compliance to the requirements of the authorities such as government, police or other relevant authorities.
5.2. By accepting these Terms and using our Services you are hereby accepting the following events for which GI Telecom cannot accept any responsibility:
5.2.1. The unavailability of our Services as a result of the situations that cannot be controlled such as weather conditions, technical failures, and similar.
5.2.2. The unavailability to use emergency services calls or numbers due to the issues associated with your current location.
5.2.3. The unavailability of the features you are used to obtain from the traditional phone lines.
6.1. By accepting these Terms the Users accept an obligation to fully comply with regulations and recommendations expressed hereby.
6.2. The Users are entirely responsible for the information provided by them that is relevant for the use of the Services.
6.3. The responsibility for the adequate use of usernames or passwords created for the purposes of the Services by the Users is entirely on them.
6.4. The Users are strongly advised to perform regular updates of all data relevant to their needs which can be lost or damaged for various reasons beyond our control.
6.5. The Users are entirely responsible for the quality of the Internet connection which is required for the normal functioning of our Services.
7.1. The Users will be responsible for any data transfer of illegal or prohibited material according to the law.
7.2. The Users are strongly advised to avoid the use of offensive, obscene, or inappropriate language from messages or calls while using our Services.
7.3. The Users are not to use the Services described as hereby in any way that is not compatible with the requirements of the law or common ethical behaviour.
7.4. The Users are to enable the transfer of data that is completely free from any malicious or harmful software.
7.5. The Users are to accept the full responsibility for the third parties’ copyrights or other intellectual property rights during and after the use of our Services.
7.6. The Users are to prevent themselves from any unsolicited or unauthorized commercial calls or emails.
7.7. The Users are obliged to provide us with a 7 day previous written notice about the planned use of our Services that are associated with unusual activity levels on a large scale. The responsibility for the malfunction of the Services in these cases with no previous notice as described hereby will be entirely on the User.
8.1. We can access, disclose, delete, or influence date related to you without your permission in the following cases:
8.1.1. If such an action is required by the law or law associated authority
8.1.2. If such an action is allowed by these Terms
8.1.3. If such an action is necessary for the providing of the Services
9.1. The Goods related to the Services are to remain our exclusive property until the User does not meet all payment requirements.
9.2. The Users are responsible for the proper maintenance and use of the Goods according to the instructions and recommendations of GI Telecom.
10.1. GI Telecom’s liability is strictly limited to the amount of price for the Goods and Services regardless of the circumstances which caused or the amount of a damage itself.
10.2. GI Telecom will not be held liable under any circumstances for business related damage or loss, such as profit, potential gain, or business opportunities; business reputation loss, and/or data loss related damages.
10.3. We are not to be held liable for damages or losses that can be associated with third parties’ links, goods, or other relevant elements required for the providing of our Services.
10.4. You are to exclude GI Telecom including its employees and/or associated third parties from any claims, costs, and/or liabilities explicitly or implicitly derived and/or related to these Services and/or Terms themselves.
10.5. You are to exclude GI Telecom for responsibility related to the delay or inability to provide Services according to these Terms in cases when the reasons causing it could not be prevented or avoided with the utmost reasonable care or attention.
11.1. Users are to pay VAT and all associated taxes required by the law when purchasing our Goods and Services.
11.2. Your payments can be executed using one of the following:
11.2.1. Direct Debit, BACS, Credit Card, Debit Card, and/or
11.2.2. In advance
11.2.3. Monthly or annually based
11.3. For all fees the presumption about their non-refundable character is valid.
11.4. For all fees the payment obligation remains active in all suspension cases.
11.5. You are hereby to accept any potential deposit or credit limit security measures related to your account.
11.6. All Users will be responsible for late payments related fees as being determined by GI Telecom.
12.1. The contracts related to the Services as being described hereby include the initial time periods of 90 (ninety) days or 12 (twelve) months.
12.2. Any party of these Terms is allowed to terminate them regardless of the reason with an obligation to issue a previous written notice minimum 30 days in advance.
12.3. GI Telecom is fully entitled to terminate these Terms immediately and with no previous written notice in the following cases:
12.3.1. Any explicit and transparent breach of these Terms’ regulations by the user
12.3.2. If that is demanded by the law or other authorities
12.3.3. When the Users fail to comply partially or completely with the financial or payments related requirements of these Terms
12.4. The consequences related to the termination of these Terms include the following:
12.4.1. The immediate termination of the Services providing activities
12.4.2. The immediate termination of all licenses issued by GI Telecom
12.4.3. All paid fees will remain non-refundable
12.4.4. All unpaid fees will still include an obligation to be paid
12.4.5. All other rights and obligations will still remain active until that is required by the nature of actions associated with them
13.1. The only situation when the parties can be required to disclose information related to the Services, which is required as confidential, is the explicit demanded by the law or other authorities.
13.2. All the cases that are to be treated as the exceptions from the previous article have to be examined thoroughly and with mutual consent of both parties.
14.1. All notices of relevance to these Terms are to be sent to the contact physical or electronic address issued by GI Telecom.
14.2. Your notes can be hand written, recorded, printed, or typed.
14.3. These Terms represent the entire legally obligatory relation between the parties related to the Services.
14.4. These Terms are to supersede any prior written or verbal, explicit or implicit agreements between the parties.
14.5. In case that a certain section or sections of these Terms become invalid or cannot be applied regardless of the reason in question the remaining sections will retain their validity and full legal force.
14.6. By accepting these Terms you are accepting to exclude yourself from a right or remedy according to the Misrepresentation Act 1976 to fullest extent allowed by the law with an exception of fraudulent cases.
14.7. Any unauthorized assigning or subcontracting of the Services described as hereby by the User is strictly prohibited by these Terms.
14.8. No individual, business or legal entity is entitled to any right or obligations related to the parties of these Terms, who themselves are not parties or directly associated to these Terms.
15.1. GI Telecom’s failure to perform or delay in performing the rights or remedies regulated by these Terms cannot under any circumstances represent a basis for the waivers related to these rights or remedies.
15.2. No element of these Terms can be used as a basis for foundation of partnership or joint venture between the parties under any circumstances.
15.3. These Terms are to be regulated and governed by an exclusive jurisdiction of the Britain’s Law and Courts. Any potential dispute related to these Terms is to be addressed directly to the courts of the City of London.
15.4. Users are strongly to advise to try reaching a settlement by the means of mediation related to the disputes derived from these Terms, before addressing the court as the final legal instance.
15.5. Please note that all unused call credits and other associated assets can be used within the period of maximum 6 months. After this period it will not be possible to refund or reclaim them.
15.6. In certain cases some of the calls may be recorded for the training, improvement of services, and dispute resolution services. By accepting these Terms you are expressing your consent with this eventuality.
16.1. We have a 24 hours shipment policy when it comes to the Goods we deliver as means required for providing our Services. However, we cannot guarantee that all Goods will be available for shipment due to the availability issues with the third parties and suppliers. We will do our best to provide the goods within 24 hours time period, but we cannot guarantee that and we cannot be held responsible for any delays in this matter.
16.2. Please note that your credit and debit cards will be debited right after ordering and before shipment.The charged amount will include VAT and all required taxes.
16.3. All ordering, shipment, payment, and charging actions are to take place during the working week from Monday to Friday and between 9 am and 5 pm.
16.4. Please note that our shipment and pricing policy may slightly vary from country to country. For that purpose you are required to inform in detail previously about these issues.
16.5. Please note that you will have an obligation to cover all additional costs of custom and taxes which are specific for certain countries.
17.1. It is according to GI Telecom’s policy to be allowed to change your mind about our Goods, which have been previously ordered. However, you are obliged to inform us 7 days in advance.
17.2. For this purpose you are required to use the RMA (Return Merchandise Authorization) form. Please note that you will be informed about the additional address where to return the Goods. This address may vary from the initial address you received the Goods in the first place.
17.3. Please note that the Goods must be returned in their original undamaged condition. In addition, the responsibility for the return costs is always on User.