Services Provided.
ClearVoip.org offers the Customer, among other things, the ability to make local, domestic long distance and international telephone calls using software or hardware SIP phones. ClearVoip.org currently offers a variety of services to its Customers.A complete list of ClearVoip.org services can be found on the Website (www.ClearVoip.org). ClearVoip.org is not responsible for reimbursements for calls made with another service while ClearVoip.org is temporarily unavailable.
ClearVoip.org does not currently offer sales of any telephone devices ("Devices") to be used in conjunction with its Services. If at any time hereafter ClearVoip.org offers Devices to its Customer's for use with the ClearVoip.org Services, You expressly acknowledge that the terms herein pertaining to the use of such Devices shall be applicable.
ClearVoip.org provides only calls to normal landlines and mobile phones worldwide..ClearVoip.org does not provide 911, 112 or similar services, nor can services be used to contact free numbers or any other special numbers.
Service Outages.
Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service.Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service.
Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts.
Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert ClearVoip.org to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that ClearVoip.org is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
Prohibited Uses.
Unlawful. You shall use the Service and the Device only for lawful purposes. ClearVoip.org reserves the right to immediately terminate your Service if, in our sole and absolute discretion, ClearVoip.org determines that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If ClearVoip.org believes that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, ClearVoip.org will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the Patriot Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
Inappropriate Conduct.
You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. ClearVoip.org reserves the right to immediately terminate your Service if, in our sole and absolute discretion, ClearVoip.org determines that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If ClearVoip.org believes that you have used the Service or the Device in any of the aforementioned ways, ClearVoip.org may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, ClearVoip.org will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc, from the government under the Patriot Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
Tampering with the Service.
You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
Service Distinctions.
The Service is not a telecommunications service and ClearVoip.org provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that ClearVoip.org provides. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
Incompatibility With Other Services.
Home Security Systems. The Service provided by ClearVoip.org may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
Certain Broadband and Cable Modem Services.
You acknowledge that the Service presently may not be compatible with other broadband service providers. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
Service Availability.
To access ClearVoip.org's Services, the Customer must have access to a high-speed internet connection as well as one of the following: (i) a computer with speakers and microphone; or (ii) a headset or (iii) SIP device. ClearVoip.org will not reimburse the Customer for any extra charges assessed by Customer's internet provider as a result of using their services to access ClearVoip.org's Services.
Opening an Account.
In order to become a ClearVoip.org customer, the Customer must make a initial payment as mentioned on the website ClearVoip.org. ClearVoip.org will then send the Customer an electronic notification (in the form of an e-mail message), containing a username, Password and confirmation that the Customer has activated their ClearVoip.org account and that the initial payment is added to the clients account..
Credit References. ClearVoip.org may refuse to provide services to a Customer if the Customer's credit is not deemed satisfactory which determination shall be made at ClearVoip.org's sole discretion. NOTICE: CUSTOMER EXPRESSLY AUTHORIZES ClearVoip.org AND/OR THIRD-PARTIES DESIGNATED BY ClearVoip.org TO PERFORM A CREDIT CHECK AND / OR FRAUD SCORE BASED UPON THE INFORMATION PROVIDED IN THE APPLICATION FORM WHEN OPENING AN ACCOUNT AND THE ELECTRONIC SIGNATURE BELOW SHALL SERVE AS WRITTEN CONFIRMATION OF THIS AUTHORIZATION. ALL INFORMATION PROVIDED BY THE CUSTOMER SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISSEMINATED TO ANY THIRD PARTIES EXCEPT TO THOSE THIRD-PARTY'S EXPRESSLY AUTHORIZED HEREIN.
Usernames/Passwords.
THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, ClearVoip.org CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT CARD INFORMATION. If a Customer suspects that their Account, Username and/or Password is being used in an unauthorized manner, the Customer shall be required to contact ClearVoip.org within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsibility to provide ClearVoip.org with a secure e-mail address as ClearVoip.org will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons.
Payment.
SERVICES PROVIDED ARE PROVIDED ON A PRE-PAID BASIS ONLY. As a Customer uses ClearVoip.org's services, their Account will be debited accordingly. No phone services will be provided if the Customer's Account does not have a sufficient balance to cover the cost of the service requested.
Recharging Account.
In the event a Customer wants to use ClearVoip.org's services in an amount, which exceeds the remaining balance in their Account, they may access the Website and recharge (or supplement) their Account by purchasing additional services. If the re-charge takes more than 24 hours customer should contact ClearVoip.org to find out what may have caused the delay..
Rates.
ClearVoip.org's rates are listed on its Website. You are responsible for checking all applicable rates/promotions before making any call using ClearVoip.org's services. Please note that the rates for calls to certain numbers (e.g., mobile/special service numbers) may be higher than rates for calls to other numbers within the same country. ClearVoip.org reserves the right, at its sole discretion, to modify these rates at any time and/or to offer or discontinue special promotions. While ClearVoip.org endeavors to maintain rates that are competitive in the market, ClearVoip.org does not guarantee that its rates will change in any predictable fashion. In addition, should market conditions or factors outside of ClearVoip.org control raise its costs or wholesale rates to some or all service destinations, ClearVoip.org reserve the right to adjust its rates accordingly.
Rate Changes.
ClearVoip.org RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY ITS RATES, MONTHLY FEES, SURCHARGES, AS WELL AS ANY OTHER FEES COLLECTED BY OR PAID TO ClearVoip.org UNDER THE TERMS OF THIS AGREEMENT. If a Customer chooses to terminate their Account as a result of changes in ClearVoip.org's prices, the Customer must CANCEL their account within one month. You must then e-mail customer support to request a refund of any funds within your balance. Any unused balance in a Customers Account will be credited back to the payment option on file with ClearVoip.org in accordance with ClearVoip.org's Money Back Guarantee Policy.
Email Notification.
The Customer is responsible for both maintaining a current and operational e-mail address and for reading all e-mail notices from ClearVoip.org. It is expressly understood by you that e-mail notification will be the only manner by which ClearVoip.org will communicate with you regarding updates to its services and information pertaining to your Account. You may also view information regarding your Account by logging into your ClearVoip.org Account on the ClearVoip.org website.
Consent to e-Mail Communications.
By entering into this Agreement, you consent to both the receipt of electronic mail ("e-mail") from ClearVoip.org and that e-mail communication shall be the sole manner by which ClearVoip.org shall contact Customer. In addition to sending a Customer e-mail notifications as provided for above, ClearVoip.org may also send a Customer e-mails about services and products the Company believes may be of interest to you. A Customer may opt-out of future e-mails about products or services by contacting ClearVoip.org by sending an email or in writing. ClearVoip.org reserves the right, however, to continue to e-mail Customer important information relating to their Account, this Agreement or other regulatory communications.
Billing.
When the service is activated, you must provide ClearVoip.org with a valid email address. Alle services will be charged from the client's prepaid credit .
Billing Increments.
Charges for telephone calls are measured in whole minutes. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website. Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or ClearVoip.org's network receives an "on -hook" signal from the terminating carrier. ClearVoip.org will not, and is not obligated to, provide refunds for any calls made using its service.
Billing Information.
ClearVoip.org does not send any statements to its customers. Instead, the Customer is responsible to view their statements using their secure USERNAME and PASSWORD to access their billing information, which shall be available on ClearVoip.org's website for the current month and at least prior three (3) months. This information is available on the Website twenty-four (24) hours a day seven (7) days a week. The customer is responsible for printing out their monthly statements, and ClearVoip.org will not provide monthly statements beyond what is available online.
Billing Disputes.
A Customer must notify ClearVoip.org by e-mail of any disputed charges within thirty (30) days of the charge being posted to their Account. ClearVoip.org will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent ClearVoip.org determines, at its sole discretion, that a billing adjustment is warranted, a Customers Account will be credited accordingly. If a Customer fails to notify ClearVoip.org of a billing dispute as noted above, the Customer shall expressly waive all rights to bring any claim against ClearVoip.org regarding a disputed charge. This Section does not waive Customers responsibility to notify ClearVoip.org of unauthorized use of its Account, Password or Username within the period and by method set forth in Section Ten B (10b) herein.
Ownership of Account.
ClearVoip.org will not make any adjustments to a Customer's Account information nor send the Username or Password if identification of the client is not sufficient as ClearVoip.org deems necessary at its sole discretion. A Customer can request their password be sent to them at any time via email by clicking the "Forgot Password" link on the sign-in page. If you cannot provide this information, ClearVoip.org will close your Account and credit the balance using the credit card information of file. You can always cancel your Account by logging into the ClearVoip.org website at www.ClearVoip.org.
Expiration.
A Customers account shall refresh monthly until Cancelled with ClearVoip.org in accordance with the terms set forth in this Agreement. ClearVoip.org expressly reserves the right to cancel any account, in its sole discretion, which has not been used and maintains a zero balance for over ninety (90) consecutive days.
Termination.
Discontinuance of Service. ClearVoip.org reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion.
Cancellation.
A customer may discontinue ClearVoip.org's Free-Services or Pre-Paid Services at any time upon notice (either electronic or written) to ClearVoip.org. The Company will then shut down all access to Customers Account. The unused balance will be credited back to you in accordance with our Money Back Guarantee Policy.
ClearVoip.org reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and the Customers access to its Service and/or (b) to refuse to allow the Customer to re-charge their Pre-Paid Account. If fraud is suspected, ClearVoip.org has the right to put an account immediately on hold until investigation into the fraud is completed.
International Calls.
Although the quality of international telephone calls has improved greatly in recent years, calls to certain countries outside Europe and the United States can be interrupted as a result of service/network issues in those countries. ClearVoip.org will attempt to identify any such issues, with the cooperation of the Customer. All necessary information must be provided including date, time, origination number and destination number. However, ClearVoip.org WILL NOT REFUND ANY CHARGES FOR SUCH INTERRUPTED CALLS.
Government Taxes.
ClearVoip.org reserves its right to pass through to the Customer any government taxes, fees or surcharges that shall appear as an additional itemized charge on Customer's Account.
Agents.
ClearVoip.org does not authorize any third-party agents or resellers to sell ClearVoip.org services, electronically or through phone cards, unless specifically authorized by ClearVoip.org. If contacted by an agent, a Customer is required to contact ClearVoip.org to confirm that the contacting agent is licensed and authorized by ClearVoip.org to provide these services. If a Customer fails to confirm authorization of a third-party agent or reseller of ClearVoip.org, Customer cannot hold ClearVoip.org liable and expressly releases ClearVoip.org from any representation made by an unauthorized third-party agent or reseller.
Access to Third-Party Vendors.
ClearVoip.org Customers may also purchase various products and services from third-party vendors by accessing those third-party vendors directly through ClearVoip.org's Website via click throughs or hyperlinks. ClearVoip.org is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. ClearVoip.org provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by ClearVoip.org of the site or the products/services offered through that site.
Customer Service.
If a Customer has any questions, concerns or complaints about the services, provided by ClearVoip.org they may contact ClearVoip.org's Customer Service Department 24 hours a day, 7 days a week by sending an email.
No Third Party Beneficiaries.
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
Limitation of Liability.
ClearVoip.org SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. ClearVoip.org WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF ClearVoip.org HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADDITION, ClearVoip.org SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
No Warranties.
ClearVoip.org DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
Force Majeure.
ClearVoip.org shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of ClearVoip.org.
Indemnity.
Customer agrees to indemnify, defend and hold ClearVoip.org, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, Customers use of the Website, ClearVoip.org's services, and/or your transactions/communications with third-party vendors initiated via the Website.
Exclusive Jurisdiction and Venue.
Any suit involving any dispute or matter arising under this Agreement may only be brought in the Court of Breda located in the Netherlands or the Supreme Court of the Netherlands, which shall have jurisdiction over the subject matter of the dispute or matter. Customer hereby expressly consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT OF ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY ClearVoip.org UNDER THE TERMS OF THIS AGREEMENT.
Trademarks.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of ClearVoip.org, including but not limited to "ClearVoip.org" and "iD-Logic" (collectively "Marks") are and shall remain the exclusive property of ClearVoip.org and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of ClearVoip.org.
Assignment.
ClearVoip.org may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of ClearVoip.org, and such permission and/or authorization shall be in the sole discretion of ClearVoip.org.
Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect.
Integration - Entire Agreement.
This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between Customer and ClearVoip.org with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and ClearVoip.org.
Governing Law.
This Agreement, and all modifications/amendments thereto, shall be governed by the law of the Netherlands.
Waiver.
ClearVoip.org's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision hereof nor ClearVoip.org right to enforce a provision upon the Customer.
Term.
The term of this Agreement shall be from the inception of a Customers Account until termination.
Privacy Policy.
No information about clients will be shared with other parties, except if Dutch or European laws demand so.
Compliance with Laws.
ClearVoip.org shall comply with all applicable federal, state and local laws and/or regulations regarding the provision of the services provided for under this Agreement.
Use.
Customer agrees to use ClearVoip.org's service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. ClearVoip.org reserves the right to immediately, and without notice, terminate, or otherwise discontinue, a Customers Account in the event it determines that a Customer has violated any such term, condition, law and/or regulation.
Content.
You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. ClearVoip.org reserves the right to terminate or suspend your Services and remove you or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. ClearVoip.org's action or inaction under this Section will not constitute any review or approval of you or your Users' use or content.
Legalility.
ClearVoip.org MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. ClearVoip.org IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE ClearVoip.org SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCEPTING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING ClearVoip.org FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION.
Modifications/Amendments.
This Agreement may be modified or amended by ClearVoip.org at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. Youverify acceptance of these terms when you initially signup for your account. YOUR CONTINUED USE OF YOUR ACCOUNT WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS.