Article 1. Definitions
“voipGATE” shall mean the company whose address and other details are as follow: voipGATE SA 2, rue Léon Laval, L-3372 Leudelange, Grand Duchy of Luxembourg, Tél: +352 20 200 200, Fax: +352 20 300 300, email:
“The Customer” or “You” shall mean any natural or moral person who sets up an Account and registers on the voipGATE website; or any person who places an order for a voipGATE service by any means, including but not limited to an online order form; and more generally, anyone who uses voipGATE services in any form whatsoever. The Customer shall be the sole holder of the account he sets up (the “Account”). If the Customer acts on behalf of a limited partner that does not have a direct relationship with voipGATE, the Customer shall assume sole responsibility for any action realized through the Account in regard to voipGATE. Any order placed by the representative of a physical or legal person shall be deemed to have been placed by such physical or legal person, who shall assume sole responsibility for such order.
The “Terms and Conditions” shall mean (a) the terms and conditions set forth hereunder; and/or (b) the terms and conditions of any document equivalent in scope to the Terms and Conditions and bearing a different title there from such as Charter or Regulation.
“Working day” shall mean a normal workday within the meaning of Luxembourg civil law, exclusive of weekends and legal holidays.
The “Limited Partner” shall mean a physical or legal person that uses or profit from voipGATE’s services that have been ordered by a client of this latter.
The “voipGATE website” or “the Site” shall mean the voipGATE website accessible at the following address www.voipGATE.com or any other address defined by voipGATE from time to time.
The “Softphone” shall mean a software, made available by voipGATE under a specific license (“the EULA”) under a variety of platforms that can be used to perform VOIP operations.
“VOIP” or Voice over Internet Protocol shall mean a standard for voice transmissions traveling over ADSL or Broadband connections.
The “Prepayment” shall mean a payment made in anticipation of the use of the Service and allowing Customer to profit from the said Service.
“Number Portability” shall mean a telecommunications network feature that enables end users to retain their telephone numbers when changing service providers, service types, and/or locations.
“DID” shall mean Direct Inward Dialing as defined in Annex 2 of these Terms
Article 2. General information
2.1. The main objective of these Terms and Conditions is to set forth the conditions under which voipGATE offers VoIP communications services and any related product or services as specified in Article 3 thereof (“The Service”) to the Customer.
2.2. The Customer expressly acknowledges having read and understood the Terms and Conditions. The same shall apply to any beneficiary of any service provided by voipGATE. By using the Site and placing an order, the Customer accepts the Terms and Conditions in their entirety and without reservation. The terms and conditions hereof, including its annexes, shall remain in effect for the entire term of the contractual relationship and any events or circumstances arising there from (e.g. term of the registration and any renewal thereof
Article 3 voipGATE service
In its capacity as a VOIP provider. voipGATE provides the Customer with the following services
3.1 Voip – In
Voip-in service designates the ability given to the Customer to receive Calls either from another voipGATE Customer or from a user of the regular phone system, using DIDs.
3.2 Voip – Out
Voip-out service designates the ability given to the Customer to make Calls either to another voipGATE Customer or to a user of the regular phone system in selected Countries.
3.3 Specific Services
Under specific conditions, the Customer may be granted access to a specific service where messages can be stored as part of the voip-in service. The Customer understands that the number of messages is limited to the storage space available for each Customer of the service. More particularly, the Customer understand that the voice messages are not backed-up in any way and that they will be periodically deleted from the server, from last to first. It is the Customer’s responsibility to log on to the service periodically to check whether it has voice mails waiting for it and retrieve them by any means available through the Service.
3.3.2 IP PBX
The IP PBX service is meant to allow Voip-In service users to forward or divert received calls to another regular number. The User understands it is its responsibility to ensure that the number to which its calls are forwarded or diverted to, will accept such calls, as well as maintaining an applicable credit level to cover the costs of the forwarding. Each minutes on a forwarded call is equivalent to the cost of a minute to the same number, international fee rates may apply.
3.3.3 Toolbar and Softphone
voipGATE may provide to the Customer selected software that will facilitate its use of the Service. Such software may be used as a Device to perform Calls or other options that are part of the Service. Use of such software is subject to the respect by the Customer of both those terms and the applicable End-User License Agreement (EULA) attached as Annex 3 of these Terms.
The Fax2eMail service gives the Customer an opportunity to use purchase a voipGATE DID number and to use it as a facsimile number. Faxes sent to that number will be automatically digitalized and sent as a PDF file to an email address specified by the Customer on the Site. The Customer understands voipGATE shall not be responsible for any matter pursuant to the confidentiality of the fax, nor will voipGATE provide any form of transmission receipt. Use of the Fax2eMail service may be limited to DIDs in limited countries or regions, as specified on the Site. The Customer understands that all DIDs cannot necessarily be used as part of the Fax2eMail service and that a DID used as part of the Fax2eMail service cannot be used simultaneously to perform or receive voice Calls.
3.3.5 Callback / Click2Call
As part of the Service, voipGATE may provide the Customer with a way to be called at a specific number from a dedicated button to be featured on the page of any website (“the C2C Button”) or to connect two regular phone numbers with a voice-over-ip bridge in order to save costs (“a Callback”). In both instances, the Customer understands and agrees that for the duration of each calls, the cost of the communication will be charged at the relevant voipGATE rate based on the country of destination of the voipGATE number to be used either with the C2C Button or the Callback. Additionally, the Customer understands that the sound quality of these calls may vary depending on the other party’s line.
As part of the Service the Customer may, either from the Site or using the Softphone, send text messages based on the Short Message Services protocol. The Customer agrees that such facility is subject to specific fees as published on the Site from time to time. The Customer understands that the SMS will not appear as being sent by the Customer and that recipients of such SMS may not be able to reply directly to the Customer, which the Customer acknowledges.
3.3.7 Caller ID
As part of the Service, Calls originating using the Service will show “Caller ID” information to the recipient of the Calls (the “Caller ID”). However, the Customer understands that the Caller ID may vary from time to time and not necessarily reflect the Customer’s DID. voipGATE shall not be liable for any consequences that may arise due to a different Caller ID being displayed as a result of a Call.
Although the Site allows the Customer to specify a specific Caller ID, the Customer agrees expressly not to use the Caller ID of a phone number it does not hold or control and, in any event, not to use the Caller ID as part of wrongdoing, prank or for misleading purposes.
3.5 International DIDs or phone numbers
International Direct Inward Dial phone numbers are provided based on current Luxembourg and foreign regulations as well as in accordance with specific Terms detailed in this Annex 2. The Customer understands these regulations are subject to change without notice and voipGATE may be required by an authority, from the relevant government or otherwise, to discontinue this Service without notice.
voipGATE reserves the right to discontinue International DID services for any reason at any time. Such discontinuation will lead to a refund of the pro-rated monthly fee.
3.5.1 Local Number Portability
If the Customer transfers an existing phone number which is currently subscribed to another provider other than voipGATE, the Customers agrees to the following:
(a) The Customer shall create an Account on the Site.
(b) The Customer shall agree to fill out any required forms to authorize voipGATE to initiate the porting process.
(c) The Customer will also authorize voipGATE to notify its local telephone company of its decision to switch its local services to voipGATE’s and to transfer its telephone number, and represent that the Customer is dully authorized to take this action;
(d) The Customer is advised not to cancel its current service as this may cause its phone number not to be ported.
(e) voipGATE will send confirmation to the Customer that the number has been successfully transfered.
(f) voipGATE reserves the right to refuse to port a number, in its sole discretion, if it does not have the infrastructure to support the number. The Customer remains solely responsible for any charges incurred from the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party.
3.6 International Services
3.6.1 Foreign Carrier Restrictions.
The Customer understands that foreign carriers or regulatory agencies may from time to time impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit the Customer’s ability use the voipGATE Services in full, as described where applicable on the Site. The Customer agrees to conform to any limitations or restrictions imposed by the foreign carriers or agencies.
3.6.2 Carrier Acts or Omissions.
a. When carriers and foreign telecommunications administrations use facilities to establish connections to points not reached by voipGATE's network, the Customer agrees that voipGATE cannot be liable for acts or omissions of other carriers or foreign telecommunications administrations.
b. International calls are determined based on the country and city codes dialed by the Customer. When the facilities of other Luxembourgish or foreign carriers are used in establishing connections to points that at this time cannot be reached by voipGATE's own network, voipGATE cannot be liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number.
3.7 Timing of Calls
Generally, timing of Calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom voipGATE must interconnect in order to terminate calls to foreign countries) designate a call as "answered" when the called party's line rings or after a certain number of rings, and will charge voipGATE for a completed call. In such situation voipGATE’s invoicing will use the relevant party’s definition. Whatever the case, the Customer understands and agrees that each Call will be metered by the minute, each started minute being invoiced.
3.8 Incompatibility with other services
3.8.1 Home Security Systems
The Customer understands that the Service may not be compatible with home security systems and such behavior is not meant to be included as part of the Service. As such, it is not guaranteed. The Customer may be required to maintain a telephone connection through his local exchange carrier in order to use any alarm monitoring functions for any security system installed in his home or business. The Customer is responsible for contacting the alarm monitoring company to test the compatibility of any security system with the Service.
3.8.2 Certain Broadband, Cable Modem, and Other Services
The Customer acknowledges that the Service may not be compatible, fully functional or authorized with certain cable or other broadband service. The Customer further acknowledges that some providers of broadband service may provide modems that block the transmission of communications using the Service. voipGATE expressly disclaims any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
Article 4. Login name and password
When placing his first order, the Customer shall register using a login name and a password of his choosing that shall enable the Customer to identify himself to the voipGATE servers and to carry out various operations such as crediting the Customer’s account, modifying his address book.
Any modification in the Customer’s account shall be subject to entry of the Customer’s login name and password.
The Customer shall bear sole responsibility for the management and preservation of the login name and password that have been attributed to him.
Any instructions received by voipGATE that include the Customer’s login name and/or password shall be presumed to have been submitted by the Customer. Hence, voipGATE cannot be held responsible for any fraudulent use of such login name and/or password, which are personal and confidential elements that the Customer shall not disclose to any third party under any circumstances.
Additionally, the Customer shall notify voipGATE in writing of any change in the Customer’s legal or business status (particularly any change of address) pursuant to Article 7 hereof. Any failure on the Customer’s part to fulfill this reporting obligation could prevent voipGATE from providing its services in a proper and professional manner, inasmuch as voipGATE needs to know the exact identity of its the Customers in order to send the Customers information for operations such as described in article 3 hereof.
Article 5. Establishment of the contractual relationship
5.1. The order form
Each online request for service from the Customer to voipGATE shall constitute an order form, subject to the terms and conditions described hereby.
The Customer’s request for services is embodied by completion of an order form on the voipGATE website. Pursuant to Article 2 hereof, submission of an order form to voipGATE constitutes acceptance of these Terms and Conditions by the Customer in their entirety without any possibility of withdrawing such acceptance in whole or in part.
5.2. Conclusion of the contract
The Customer warrants he/she has full legal competence to enter into a contract. Conclusion of the Contract shall happen immediately once a request for service has been entered by the Customer on the Site.
The Customer shall receive a confirmation of receipt of his order within 24 hours of submission, unless voipGATE declines the order for reasons specified herein or for any other cause deemed reasonable by voipGATE. Such acceptance may be deemed to have been implicitly received pursuant to the provisions of Article 7 hereof.
The Customer agrees that performance of the Service (which shall be partially realized via an automated process) shall begin prior to the conclusion of the legally allowable cancellation period. Additionally, and in accordance with the 3rd paragraph of the article 6 of Directive 97/7/EC, the Customer shall not be able to cancel the order after having submitted it. (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31997L0007:EN:HTML)
voipGATE hereby expressly stipulates that for the purposes hereunder, the Customer is the physical and/or legal person that establishes an account on the voipGATE website. Any order submitted via such account shall be billed solely to the Customer that is the account holder. If the Customer acts on behalf of a Limited Partner, the Customer shall nonetheless be responsible for such Partner’s compliance with and fulfillment of the Terms and Conditions, as well as for the payment of any invoice arising from any order that the Customer may have placed.
Article 6. Customer’s obligations
6.1 The Customer shall be in possession of the following technical facilities to benefit of the Service: (a) A suitable 2-way high-speed connection to the Internet. (b) A suitable voice over IP-capable device such as the ones that may be included from time to time in a list provided on the Site and which is able to work under the SIP and IAX protocols, (c) a credit card. The Customer understands that given the number of parameters involved in an Internet connection and the number of different implementations of the SIP and IAX protocols, the requirements below are a prerequisite but may not be enough to use the Service. The Customer agrees to expressly follow the applicable guidelines provided by voipGATE on the Site or by its customer care team including but not limited to trying to change its Internet connection method and/or voice over IP device.
6.2 The Customer shall supply voipGATE with any information necessary to operate the Service and shall be solely responsible for the accuracy of such information. Under no circumstances will voipGATE be responsible or liable for information submitted by the Customer and any loss or damage that may arise from such information. The Customer shall indemnify voipGATE for any costs or expenses arising from any damage or loss that is directly or indirectly attributable to erroneous information supplied either by the Customer or by a third party who has access to the Customer’s voipGATE account.
6.3. The Customer shall fulfill the obligations specified in Article 7 hereof and shall recognize the consequences arising thereto. The Customer shall also notify voipGATE of any change in its legal status. Any failure on the Customer’s part to fulfill these obligations could prevent voipGATE from providing the contractual services hereof in a proper and professional manner (particularly providing communication service including making or receiving phone calls). Under no circumstances shall voipGATE be responsible or liable for any default arising from such failure on the Customer’s part.
6.4. The Customer hereby declares that it has read, understood and accepted those terms including the relevant appendices and attached sub agreement, including applicable policies provided by relevant third-parties.
6.5. The Customer’s obligations shall exceed those of Article 7 and shall encompass the entirety of the Terms and Conditions, and specifically the provisions of Article 8 and subsequent thereof.
Article 7. Handling of the Customer information
7.1 The Customer agrees that proper communication between him and voipGATE on a regular basis is essential to its proper use (including passive use) of the Service. Accordingly, the Customer must properly consult and acknowledge any relevant information transmitted to it by voipGATE.
7.2 To this end, and in order to allow voipGATE to reach the Customer, the Customer agrees to provide voipGATE with its current and updated address information. Such information shall consist of the Customer’s email address, postal address, valid phone number at which the Customer can be reached from 9 a.m. to 9 p.m. GMT/UT,
7.3 The Customer agrees that all email sent to the Customer by voipGATE shall be deemed to have been received and read, immediately upon error-free transmission of such email to the email address provided by the Customer in his Contact Information by voipGATE’ SMTP server.
7.4 The Customer agrees to consult the Site, and specifically the dedicated Customer Area, on a regular basis and no less than once every four weeks, so as to check the status of its Account and read any messages that the voipGATE customer service department may have transmitted to the Customer. Any message or notification posted in the Customer Area to which the Customer fails to respond within one month following posting of such message shall be deemed to have been read and accepted by the Customer in regard to any possible subsequent effect.
7.5 The Customer understands and agrees that all logins and DID Phone Numbers registered or used by the customer as part of the Service do remain under voipGATE’s control, and will be reassigned at the termination or the suspension of the contract. Therefore the Customer may not, at any time, offer, transfer or sold them to third parties.
Article 8. Rights and obligations of voipGATE
8.1 voipGATE reserves the right to either expand or reduce the scope of its services. If any such service expansion or reduction is realized, voipGATE shall notify the Customer of such expansion or reduction on the Site by posting a notification in the Customer Area and/or by sending an email to the address provided by the Customer in his Contact Information.
Thus, voipGATE reserves the right to suspend temporarily or permanently the Service.
8.2 voipGATE reserves the right to raise rates and/or charges as shown on the Site to take into account any factor such as but not limited to any new or modified requirement imposed by Providers; any change in applicable exchange rates that may take effect; or any supplementary taxes that may be levied. voipGATE shall notify the Customer accordingly via the Site and/or by sending an email to the address provided by the Customer.
8.3 voipGATE reserves the right to amend its Terms and Conditions from time to time. In such a case, voipGATE shall notify the Customer accordingly via the Site, by posting a notification in the Customer Area and/or by sending an email to the address provided by the Customer in his Contact Information.
If the Customer objects to any critical modification of the Terms and Conditions, the Customer shall be entitled to terminate this Agreement within eight (8) days of receipt of notification of the relevant modification from voipGATE, in accordance with the provisions of Article 15 hereof. The Customer agrees that any continued use by the Customer of voipGATE services after the Customer has received notification that the Terms and Conditions have been modified shall constitute a statement from the Customer that he acknowledges such modification and whole fully abide by them.
8.4 voipGATE reserves the right to refuse to any the Customer request if there is reasonable doubt that this request is fraudulent.
8.5 Technical support is available on request at the number provided on voipGATE website, during the Working Day from 9 a.m. to 17p.m GMT/UT. Response times will depend on staff availability, and the object of the request.
Article 9. Rates, charges; terms of payment
9.1 Unless otherwise stipulated or determined by voipGATE, orders shall be payable immediately and shall be realized online via the voipGATE website, using a payment method accepted by voipGATE and displayed as such on the Site. voipGATE’s activation of the products and/or services accruing to the Customer’s account shall be contingent upon voipGATE receiving full payment for the Customer’s order.
9.2 The currently valid rates and charges shall be those indicated on the Site website and shall be subject to change pursuant to Article 9.2 hereof. All rates and charges are in euros unless otherwise specified and are exclusive of VAT, which shall be paid by the Customer. Any additional fee attached to the payment shall be at Customer’s expense. Foreign payments shall be carried out at the transferor’s expense (for example, foreign bank transfers shall bear the indication “our cost” or “OUR”). The net amount received by voipGATE shall be strictly equal to the price due by the Customer.
9.3 The Customer agrees that any invoice for services provided by voipGATE shall be transmitted to the Customer electronically to the email address provided by the Customer in his Contact Information. The Customer shall be entitled to ask the voipGATE customer care department to send the Customer a printed invoice, if the Customer so wishes. In view of the fact that the email address provided by the Customer in his Contact Information must be valid, active and available seven (7) days a week, the Customer shall not be entitled to lodge any claim with voipGATE in the event an emailed invoice is not received. In addition, voipGATE shall indicate in the Customer’s account, for the Customer’s information, all invoices that have been issued to the Customer’s account, as well as the payment statuses of such invoices.
9.4 If billing systems or other support is not available for a Service, feature, surcharge, tax or other charge element at the time of Service provision, voipGATE will bill for that Service, feature, surcharge, or other charge element as soon as it is capable of doing so and The Customer agree to pay for such items.
9.5 Any invoice or amount that is not paid upon falling due shall be subject, without formal notice, to interest charges amounting to 15 percent of the outstanding amount, until such time as the outstanding balance is paid in full.
In addition, voipGATE shall be entitled to reimbursement of €75 for each formal notice (as extra-judicial costs). The Customer expressly agrees that he shall pay voipGATE an indemnity for any unpaid balance, pursuant to Article 8 of La loi du 18 avril 2004 relative aux délais de paiement et aux intérêts de retard (Luxembourg law pertaining to penalty for late payment with interest), as compensation for court costs incurred by voipGATE in collecting the unpaid funds including bailiff’s fees, legal fees, collection agency fees, experts’ fees and so on.
If a voipGATE invoice remains unpaid, and after the Customer has received a Final Reminder email indicating that the unpaid amount is to be paid by a specific date, voipGATE shall be entitled to deny Service to the Customer and thus make the DID unavailable to the Customer. The Customer shall assume all administrative, technical and other costs arising from deactivation and/or reactivation of his voipGATE account
The Customer acknowledges that no Credit will be allowed for Interruption of Service and agree that the Service is provided "as is." Credit allowances for interruption of Service, including international calling services, will not be provided.
The Customer acknowledges that Prepayment shall not be reimbursed whatever the circumstances.
Article 10. Customer notification and declaration
10.1 Prohibited Uses; Unlawful Uses and Inappropriate Conduct
The Customer shall use the Service only for lawful purposes. The Customer shall not use the Service in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior.
The Customer shall not use the Service: (a) for any unlawful purpose; (b) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audio text services; (c) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; (d) call forwarding to international destinations.
In addition, the Customer shall not use the Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed the Customer’s permitted access to the Service.
voipGATE may, but is under no obligation to, monitor usage of the Service for violations of this Terms and Conditions. voipGATE may remove or block any or all communications if there is any suspicion of violation of this Agreement or if voipGATE deem it necessary in order to protect the Service, or voipGATE, its parent, affiliates, directors, officers, agents and employees from harm.
voipGATE reserve the right to immediately disconnect the Service without notice, if, in his sole and absolute discretion, voipGATE determine that the Customer have used the Service for an unlawful purpose. In the event of such disconnection, the Customer will be responsible for all fees and charges due under this Agreement, plus a disconnection fee, if applicable, all of which will be immediately due and payable.
If voipGATE believe that the Customer has used the Service for an unlawful purpose, voipGATE may forward the relevant communication and other information, including the Customer’s identity, to the appropriate authorities for investigation and prosecution. The Customer hereby consents to the forwarding of any such communications and information to these authorities.
In addition, voipGATE will provide customer and call detail information in response to lawful government requests, subpoenas and court orders, or law enforcement requests where the failure to disclose the information may lead to imminent harm to the Customer or others. Furthermore, voipGATE reserves all of its rights at law to proceed against anyone who uses the Services illegally or improperly.
10.2 Copyright / Trademark / Unauthorized of Software
The Service or software used to provide the Service or provided to the Customer in conjunction with providing the Service, information, documents and materials on voipGATE Website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of voipGATE are and shall remain the exclusive property of voipGATE and nothing in this Agreement shall grant the Customer or any other third party the right to license or to use such marks.
The Customer acknowledge that he is not given any license to use the software used to provide the Service If the Customer decides to use the Service through an interface device not provided by voipGATE, which voipGATE reserves the right to prohibit in particular cases or generally, the Customer promise that he possess all required rights, including software a, to use that interface with the Service and he will indemnify and hold harmless voipGATE against any and all liability arising out of his use of such interface with the Service.
The Customer may provide links only to the home page of voipGATE Website (a) The Customer do not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on the Website, (b) The Customer shall give voipGATE a prior written notice of such link via email, and (c) The Customer shall discontinue providing links to the Website if notified by voipGATE.
Article 11. Disclaimer of Warranties and Limitation of liability
11.1 To the full extent permissible by applicable law, voipGATE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. voipGATE does not warrant that this site, its servers, the Service or e-mail sent from us are free of viruses or other harmful components. voipGATE will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages.
This limitation applies whether the alleged liability is based on contract or any other basis, even if voipGATE have been advised of the possibility of such damage. voipGATE make no representations or warranties of any kind express or implied, as to the operation of this site and/or the Service or the information, content, materials, or products included on this site.
11.2 voipGATE shall not be responsible for any technical inaccuracy or typing errors pertaining to the information on voipGATE website, which shall be subject to periodic modification. Hence, voipGATE reserves the right to optimize and/or modify its website at any time. voipGATE shall not be responsible for any malfunction, service interruption or error that occurs in any electronically published element during a modification period
voipGATE does not authorize anyone to make a warranty on voipGATE's behalf and customer may not rely on any statement of warranty as a warranty by voipGATE.
11.3 The Customer is solely responsible for actions and the content of his transmissions through or in connection with the Service.
11.4 voipGATE shall not be responsible for the inadequacy of any service provided by voipGATE that the Customer uses to achieve specific aims.
Prior to placing an order for voipGATE services, it shall be the Customer’s personal responsibility to ensure that such services are adequate for the Customer’s purposes by reading the description of voipGATE’s commercial offer, which is available from the voipGATE website and/or from the voipGATE technical service department. By accepting the Terms and Conditions, the Customer acknowledges that he is sufficiently familiar with the content, context and scope of voipGATE services.
11.5 The Customer shall abide by the rules and regulations pertaining to the Voip or more generally to the telecommunication and acknowledges of the fact that said rules and regulations are subject to change. The Customer acknowledges and accepts that voipGATE has no control over such rules and regulations. Hence, voipGATE shall not be responsible for the consequences of any modification in these rules and regulations.
11.6 Under no circumstances shall voipGATE be held responsible or liable for any loss or damage caused in connection with the use of voipGATE services that are provided free of charge. The Customer shall not be entitled to assert any claim for loss or damage in connection with any malfunction in voipGATE services, irrespective of the nature of such malfunction or the consequences thereof.
11.7 voipGATE shall take all steps necessary to ensure that the quality of the services provided by voipGATE subcontractors and co-contractors, as well as by Providers, meets acceptable standards. However, voipGATE shall not be responsible for any loss or damage incurred by the Customer as the result of any interruption of service that is beyond voipGATE’s control. voipGATE shall not be responsible for any malfunction that affects the internet or for any loss or impairment of access to servers resulting from internet maintenance operations.
11.8 voipGATE will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in voipGATE offerings made to the Customer, or for damages associated with the Service, or Equipment that it does not furnish, or for damages that result from the operation of customer provided systems, Equipment, facilities or services that are interconnected with voipGATE Services.
Article 12. Guarantee
12.1 The Customer shall hold voipGATE harmless against any third party action resulting from or related to the use of voipGATE services by the Customer. This guarantee shall mean in particular that the Customer shall provide voipGATE with any assistance required by voipGATE in mounting a legal defense and shall indemnify voipGATE for any loss or damage incurred by voipGATE as the result of any such claim.
12.2 The Customer acknowledges that its use of the services that voipGATE provided is his sole responsibility and that voipGATE and/or its employees shall not be held liable or responsible for such use in any manner whatsoever.
In particular, the Customer shall hold voipGATE harmless against any third party action or compensation or indemnification claim asserted for any reason whatsoever arising from the content of the Customer’s website. Toward this end, the Customer shall assume the cost and expense of any damage or loss incurred by voipGATE as the result of any court ruling.
12.3 Additionally, the Customer shall assume all legal fees and court costs incurred by voipGATE in defending its interest, including instances in which an amicable settlement is reached between an injured third party and the Customer or voipGATE.
Article 13. Confidentiality and protection of Data Privacy
13.1 Personal data pertaining to the Customer will be stored in voipGATE files in Leudelange, Luxembourg. The Customer can exercise its right to access and correct such data by contacting voipGATE at the address indicated in Article 1 hereof. voipGATE shall not store such data any longer than is necessary for the efficient operation of voipGATE services.
13.2 The Customer expressly authorizes voipGATE to process such data for purposes of running its customers database and so as to ensure the full disclosure of the users of the services in accordance with the applicable legal regulations. Hence, the Customer expressly authorizes voipGATE to disclose the following information to Providers and the general public: the Customer’s name, the Customer’s address, the Customer’s phone number, the Customer’s email address, and the Customer’s native language to be used in the event of any litigation. Should the Customer fail to authorize disclosure of the aforementioned information, voipGATE will not be in a position to provide the Customer with the Services.
13.4 Without prejudice to the foregoing provision, voipGATE shall process the Customer data confidentially.
Hence, voipGATE shall refrain from disclosing to, selling, or sharing with any third party the Customer’s data (name, email address, phone number, fax number, GSM number, demographic data and identification data), except insofar as is necessary for the performance of the contract between the Customer and voipGATE and for the specific purposes described hereunder (hereinafter referred to as “Legitimate Purpose”), without the Customer’s prior and informed written consent (knowledge of the reason for processing the data). In disclosing the Customer’s data to a third party for a Legitimate Purpose, voipGATE shall verify and confirm that said third party has agreed to use the Customer’s data for a Legitimate Purpose and that such third party has warranted that he will abide by the applicable statutory rules and obligations pertaining to the use of personal data.
13.5 voipGATE shall take all steps necessary to ensure that all bank information that is submitted to voipGATE is kept secret. However, voipGATE shall not be held responsible or liable for any embezzlement committed on the internet or by any third party.
In this regard, the Customer acknowledges and accepts all risk resulting from use of public networks such as the internet and assumes all consequences arising from such use. voipGATE shall not be held responsible or liable in the event the lack of adequate protection results in other users viewing information that has been communicated to voipGATE during or after the data capture process.
Article 14. Termination
14.1 The Customer shall be entitled to terminate the Customer’s agreement with voipGATE at any time whatsoever. Such termination shall be realized by sending written notification of intent to terminate the contract, two months in advance of the intended termination date, by registered letter (hereinafter referred to as the “Registered Letter”) to voipGATE at the address indicated on voipGATE website The two month period of notice shall begin only upon payment of all amounts due voipGATE. In such a case, any reimbursement of monies paid by the Customer shall be excluded.
Upon receipt by voipGATE of the Registered Letter, the Customer shall hold voipGATE harmless from any responsibility arising from any request in connection with the Service. voipGATE shall take all possible steps to fulfill the Customer requests. voipGATE shall not be held responsible or liable for any failure to execute, or execute in a timely manner, a request for services in connection with the Service.
14.2 voipGATE shall be entitled to terminate any currently enforceable contract for services by sending written notification of intent to terminate such contract two months in advance of the intended termination date, via registered letter to the address provided by the Customer.
If the Customer fails to abide by the provisions of the Terms and Conditions, voipGATE shall be entitled to terminate the contract prior to the expiration date thereof in accordance with the procedure described in Article 15.1 hereof.
The Customer acknowledges that Prepayment shall not be refund whether this agreement is terminated or not.
Article 15. Concluding provisions
Should any individual provision hereof be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such a case, voipGATE shall replace any provision hereof that becomes ineffective with a clause whose effectiveness and feasibility are as close as possible to the intentions of the parties hereto.
Article 16. Force majeure
Neither the Customer nor voipGATE shall be responsible or liable for any failure to fulfill the obligations arising from the present contract at all or in a timely manner, as the result of any instance of force majeure as commonly defined by custom, law or jurisprudence. Any financial incapacity on the part of the Customer that prevents the Customer from paying all costs and expenses arising from voipGATE services shall not be deemed an instance of force majeure.
Article 17. Notification procedure
If a third party lodges a claim against voipGATE relating to a service provided by a voipGATE customer, voipGATE shall promptly transmit a notification regarding such claim to the relevant the Customer at the address provided by such the Customer and shall include with such notification a copy of the third party claim.
In all such instances such third party shall be informed of voipGATE notification to the Customer, keeping in mind that it does not fall within voipGATE’s jurisdiction to prejudge the Customer’s or a third party’s rights in regard to the use of the service made by the customer.
voipGATE shall be entitled to charge the Customer for any action performed on the Customer’s behalf in connection with a third party claim, insofar as the Customer fails to acknowledge receipt of the first voipGATE notification letter in regard to such claim, or if voipGATE finds it necessary to take action in regard to such claim (e.g. by sending a registered letter and making phone calls) on behalf of the Customer and the party submitting a request or claim.
Article 18. Disputes and litigation
Pursuant to the provisions of the Terms and Conditions, if a legal dispute of any kind arises in regard to a service provided by voipGATE. voipGATE and the Customer expressly agree that the Customer shall be solely responsible for the consequences of the relevant litigation and that voipGATE shall not be involved in such litigation in any way whatsoever.
Article 19. Applicable law and Jurisdiction
19.1. Any order, acceptance or contract arising there from shall be governed by the laws of Luxembourg.
19.2. Any dispute relating to the Terms and Conditions or the interpretation or performance thereof that cannot be resolved amicably shall be subject to the sole jurisdiction of the courts of the city of Luxembourg.
Annex 1: Information relating to payment
1. Bank information
The bank details for voipGATE are as follows:
- Bank name: Banque et Caisse d’Epargne de l’Etat
- IBAN number: LU11 0019 1955 5915 4000
- Bank Identification Code: BCEELULL
2. voipGATE accounts mechanism
voipGATE provides its Customers with credit/debit accounts, in which deposits can be made in the following ways:
* The Customer can make a deposit to his voipGATE credit/debit account by transferring funds to voipGATE’s bank account. Such transfer shall only be accepted if it contains a reference to a specific future transaction or to a written agreement between the Customer and voipGATE.
* voipGATE can deposit funds in the Customer’s credit/debit account in connection
3. Payment modalities
Payment for voipGATE services shall be effected via :
* Paypal payment platform,
* Wire transfer to the above mentioned Bank Account
No other form of payment is accepted (e.g. cheques or Paypal).
4. Terms of payment
voipGATE invoices shall be payable net immediately upon receipt; no discounts are allowed. The cost of any bank transfer fees shall be assumed in their entirety by the Customer. The payment period and/or payment due date shall be indicated on the invoice.
If an invoice remains unpaid after two payment reminders are sent, the legal interest charges pursuant to Article 8 of La loi du 18 avril 2004 relative aux délais de paiement et aux intérêts de retard shall apply.
5. voipGATE charges
The principal voipGATE charges shall be included in the Service price. However, voipGATE reserves the right to bill the Customer for handling fees if additional work meriting such charge is incurred by voipGATE. This can occur for example if the Customer fails to respond to voipGATE emails, if unpaid invoices must be searched and so on.
The Customer shall be charged for such services at a rate of €75 per hour, in accordance with the amount of work involved.
Annex 2: Direct Inward Dialing
voipGATE provides its service to the Customer subject to the following Terms of Service ("TOS"), which may be updated by voipGATE from time to time without notice . The Customer can review the most current version of the Direct Inward Dial phone numbers “DIDs”) TOS at any time at: http://www.voipGATE.com/terms
In addition, when using particular voipGATE owned or operated services, the Customer and voipGATE shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time at: http://www.voipGATE.com/site/index.php/terms-conditions
1. Description of Service
voipGATE allows customers from all over the world to use the Internet to make phone calls, either between voipGATE users, as well as to regular phone lines using the Public Switched Telephone Network or “PSTN” (“the Service”). In this latter case, voipGATE gives its customers the ability to use regular phone numbers (alternatively, the “voipGATE numbers” or “DIDs”) to be called by people who use the PSTN.
In these TOS, the following Terms shall have these specific definitions:
* voipGATE or “the Service”: designates a service performed by voipGATE under which, among other possibilities, Subscribers to the service can perform phone conversations or “calls” routed through the Internet.
* Direct Inward Dial phone numbers or “DiD” or “Voip-In numbers”: Phone Numbers specifically provided by voipGATE to be used with the Service to allow the Customer to be called from PSTN
* Terms & Conditions or Terms: the document that defines the rules of use of the Service and is always accessible and up-to-date at www.voipGATE.com.
* The Execution Date: designates the date when voipGATE receives the DIDs Order Form duly signed by the Customer.
3. Customer’s obligation
The Customer hereby declares that he/she have read, understood and accepted these terms and conditions.
The Customer understands that the use of DIDs is subject to its payment as defined in the relevant article of these TOS.
The Customer shall refrain to modify the caller IDs which are attributed to the DIDs
The Customer commits to not abuse the Service including but not limited to, use DIDs for illegal or fraudulent purpose or more generally to make ill-intentioned calls.
4. voipGATE’s rights and obligations
voipGATE commits to make its best efforts to allow the Customer to use DIDs to be called from PSTN.
voipGATE provides Luxembourgish and international (non-Luxembourgish) DIDs following current regulations, in Luxembourg and abroad. Considering these regulations are subject to change without notice as a result voipGATE may be required to discontinue or modify this Service, without notice.
As a result, voipGATE reserves the right to discontinue International and national DID services for any reason at any limiting its liability to the applicable monthly fee pro-rata.
voipGATE may also have to change the supplied DIDs for regulatory, statuatory or legal reasons, and in such case will notify the Customer within a reasonable delay.
voipGATE will take all steps necessary to ensure that the quality of its services, meets acceptable standards. However, voipGATE shall not be responsible for any loss or damage incurred by the Customer as the result of any interruption of service that is beyond voipGATE’s control. voipGATE shall not be responsible for any malfunction that affects the internet or for any loss or impairment of access to servers resulting from internet maintenance operations.
5. Pricing and Tariffs
To take into account any factor such as any new or modified requirements imposed by Providers, voipGATE reserves the right to raise rates and/or charges as shown on the Customer’s order form with any monetary parity that may take effect; or any supplementary taxes that may be levied. voipGATE shall notify the Customer accordingly by sending an email to the address appointed in the Customer’s account.
6. Number Portability
voipGATE shall take all steps necessary to ensure that the Customer benefits from the foreign phone number portability measures applicable to its DIDs.
In this regard, the Customer acknowledges and accepts that voipGATE rely on foreign providers and their own portability agreement. Thereby voipGATE shall not guarantee that the Customer can or will benefit from the foreign portability measures.
voipGATE operates on a “best efforts” basis and its offering may change from time to time, While voipGATE’s goal is to offer a 24/7 service, the Customer acknowledges that the Service is run using the Internet, connectivity, hardware and other options on which voipGATE has no choosing nor impact.
The Customer agrees to hold voipGATE harmless against any third party action resulting from or related to its use of voipGATE services.
The Customer acknowledges that it uses the services provided by voipGATE under its sole responsibility and that voipGATE and/or its employees shall not be held liable or responsible for such use in any manner whatsoever.
Additionally, The Customer shall assume all legal fees and court costs incurred by voipGATE in defending its interests in any matter involving the Customer, its company or any third party related to the Customer, including instances in which an amicable settlement is reached between an injured third party and The Customer or voipGATE.
The Customer shall be entitled to terminate its agreement with voipGATE at any time whatsoever. Such termination shall be realized by sending written notification of intent to terminate this agreement, 2 (two) months in advance of the intended termination date, by registered letter (hereinafter referred to as the “Registered Letter”) to voipGATE at the address indicated on voipGATE website The two month period of notice shall begin only following payment of all outstanding amounts due to voipGATE.
Upon receipt of the Registered Letter by voipGATE, the Customer shall hold voipGATE harmless from any responsibility arising from any request in connection with the Service.
voipGATE shall be entitled to terminate any currently enforceable contract for services by sending written notification of intent to terminate such contract two months in advance of the intended termination date, via registered letter to the address provided by the Customer.
If the Customer fails to abide by the provisions of the Terms and Conditions, voipGATE shall be entitled to terminate the contract prior to the expiration date thereof in accordance with the procedure described this article.