By subscribing to or using any of our portals you agree that you have read, understood and are bound by the Agreement, regardless of how you subscribe to or use the portal. . If you do not agree with these terms, you cannot use / access the portal or utilize any Services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to "you" or "User" shall mean You accessing the Website, its contents and using the portal, and "Service Providers" means an independent third-party service provider, and "we", "us" and "our" shall mean VoIP Office and its affiliates.
Please note that we offer Cloud based Telecommunication Services (hereinafter “the Services”) through the portal "AS IS" and without warranties. If you are registering an account or using the portal on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf.
1.1. The Website, http://voipoffice.com, is an online portal for rendering telecommunication services using Cloud technologies that is being operated by VoIP Office Telecommunications Private Limited, a Private Limited Company incorporated under the Companies Act,2013 , having its registered address at Plot No.34/A, Hitech City Railway Station Road Opp: Vvc Motors, Khanampet, Madhapur, Hyderabad, Telengana 500081.
1.2. The Terms and Conditions of this Agreement govern the use of the Services provided by us to you. The Agreement represents the whole understanding between you and us.
1.3. Please read this Agreement carefully. By submitting your application and by your use of these Service, you agree to comply with all of the terms and conditions set out in this Agreement. You agree that we are entitled to terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, or is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
1.5. You agree and undertake not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
1.6. The Services are available only to those Users who can form legally binding contracts under applicable law. By using this Website or its Services you represent and warrant that you are (i) at least 18 years of age, (ii) can enter into legally binding contracts under law, (iii) not barred from purchasing or receiving Services under the laws of India or any other applicable jurisdiction, (iv) that you don’t have any civil or criminal proceedings pending against you in court in India or any other applicable jurisdiction.
2.1. NATURE OF SERVICES
2.1.1. Subject to Clause 7 and 14 of these terms, VoIP Office endeavours to offer cloud based communication solutions to its users that allows the user to avail the services of a traditional PBX phones with the latest technology enabled by VoIP technology.
2.1.2. VoIP Office uses VoIP based IP Telephony technology which enables the user’s analog calls to be converted to packets of data, for easy and cost effective transmission, that can routed via the Internet, Wide Area Network (WAN) and/or Local Area Network (LAN).
2.1.3. Subject to Clause 7 and 14 of these Terms, along with the telecommunication systems provided by VoIP Office, it also offers the service of Interactive Voice Response that allows the user to interact, obtain or process information with the cloud based telecommunication system.
2.2.1. Subject to Clause 7 and 14 of these Terms, VoIP Office, along with their telecommunication systems, also offers VoIP Office Softphone. Subject to the completion of two years of completion of Service, VoIP Office may update its equipment to Polycom IP Phone.
2.2.2. All the equipments shall be provided on AS-IS basis and you agree to hold VoIP Office harmless for any defective equipment.
2.2.3. In the event of upgrading the equipment, upon the return of the existing equipment, VoIP Office shall provide as an upgrade in the equipment or such other service, in accordance to these Terms.
2.2.4. In the event that the equipment supplied by VoIP Office to you appears to be malfunctioning, you may contact VoIP Office for a replacement within 10 days from the date of receipt of such equipment. If the equipment is determined to be malfunctioning due to manufacturer’s defect, at VoIP Office’s sole discretion, the said equipment shall be replaced at VoIP Office’s expense. If the equipment is determined to be malfunctioning due to any other reason, at VoIP Office’s sole discretion, you shall be required to pay INR 3500 so as avail a replacement for the malfunctioning equipment.
2.3. TECHNICAL SUPPORT
2.3.1. VoIP Office assumes that you possess a basic understanding of your computers and its limitations. The Parties agree that VoIP Office is not obligated to train you in basic computer skills (e.g., deleting files or creating directories). The Parties agree that the Technical team at VoIP Office is intended to facilitate the computer set-up essential for the effective functionality of the Services and the Technical Team is not trained nor is obligated to install and/or troubleshoot modems, network cards, routers, complex network configuration lines or telephone lines or any such other assistance, except as expressly mentioned in these Terms. You agree that in order to avail the Services, your computer shall have an active working connection to the internet before any technical support will be dispensed. You further agree that in the event that you face any problem relating to the internet or any such network service, other than as are expressly mentioned in these Terms, you shall contact your Internet Service Provider (ISP) for assistance and the Technical Team at VoIP Office shall not be held liable for any training, repair, troubleshooting and/or assistance of the same. Any suggestions that may be made by VoIP Office or any other representative of VoIP office shall not be prescriptive or requirements of these Terms, but shall be construed as advisory opinion only. The scope of support shall be limited to a single line analog telephone connected directly to our device. The Parties agree that VOIP Office shall not be held liable for any connection problems due to a computer that is infected with viruses, spyware or malware. The Parties agree that you shall be held responsible to initiate and be available for technical support during VOIP Office’s hours of operation. The Parties agree that VoIP Office assumes no obligation to provide support services for any third party products or services, including but not limited to the quality of the connection provided by the Internet Service Provider (ISP) or for problems with our service caused by third party products or services.
2.3.2.Notwithstanding anything contained in these Terms, you agree that you shall be responsible for the regular maintenance on and of the network and infrastructure required for the Service and Equipment of the VoIP Office.
3.1. Subject to Clause 14 of these Terms, although VoIP Office ensures the security of its User’s account by granting access to only authorized users and network services, you shall be liable for safety and security of your VoIP Office account and the equipment and the access to the same by the Users, whether authorized or otherwise.
3.2. You agree to put in place such safeguards as to prevent unwarranted and unauthorized access to your VoIP Office account, the equipment and/or any activity carried out using the Services.
4. CONTENT AND USER’S RESPONSIBILITY
4.1. You agree that you shall be solely responsible for the content of information passing through VoIP Office’s network and that VoIP Office shall assume nor bear no liability or responsibility for the same. The Parties further agree that VoIP Office, bearing no liability for the content of information passing through its network, shall have no control nor shall make any effort to verify nor validate any information passing through its network for content, correctness, usability or any such purpose.
4.2. Anything that you submit to the Website and/or provide to us, including but not limited to, reviews, comments and feedback on the Portal (collectively "Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments, surveys or reviews to the Website, you can choose to also grant us the right to use the name or the Submissions that you submit, in connection with such review, comment, or other content. We may, but shall not be obligated to, remove or edit any Submissions subject to such grant of rights.
4.3. You agree that you, as a user, shall be required to keep your Account in good order and ensure that you log in and keep your Account active on a regular basis, on our website. You acknowledge that all the Services can be initiated using your Account on our website. You further acknowledge that you shall be solely liable for the integrity and security of your Account and VoIP Office shall bear no responsibility for the same.
4.4. The Parties agree that upon the over-use of the assigned or allocated broadband service by you, VoIP Office may, upon reasonable notification, restrict your available bandwidth, suspend the said services or terminate the said service, at its sole discretion.
5. PERMITTED USE OF SERVICE
5.1. You agree, represent and warrant that you intend to purchase and use the Services and the Equipment for your internal use only.
5.2. You further represent that you shall not resell, transfer or charge for the Services and/or Equipment provided by VoIP Office to any third party, without VoIP Office’s written permission.
5.3. You agree that you shall not use the Services and/or Equipment for certain activities, including but not limited to,
5.3.1. any auto-dialing service, continuous and extensive call forwarding, telemarketing, sending spam and/or junk messages or texts or calls, and/or
5.3.2. any such activity that may hinder or interfere the Service, and/or
5.3.3. any such activity that is not in compliance with these Terms and/or
5.3.4. any activity that shall be deemed to be inconsistent with your allotted plan and/or affects or causes to affect the quality or reputation of VoIP Office and/or any of its affiliates.
5.4. You agree that you shall not transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, or otherwise objectionable communications or material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, violate the intellectual property rights of others, give rise to civil liability or otherwise violate any applicable local, state, national or international statute, regulation, or other law.
5.5. The Parties agree that all the remedies contained herein or otherwise available pursuant to law or equity, shall be cumulative and not alternative. Nothing contained herein shall be construed so as to limit the remedies available to VoIP Office. Without limiting the generality of the foregoing, it is understood and agreed that VoIP Office shall have the right, at any time and at its sole discretion, to disconnect, modify and/or terminate the Service of any User for not using the Services and/or Equipments in compliance to this Clause.
6. LOCAL NUMBER PORTABILITY
In the event you submit a request for local number portability, the following terms shall apply:
6.1. You hereby represent that you are authorized to request us to hereby process your request for local number portability.
6.2. You agree that upon your req6.4. Notwithstanding anything contained in these Terms, VoIP Office may, at its sole discretion, refuse to offer assistance to such a request as detailed in Clause 6.1 of these Terms.uest, you hereby authorize VoIP Office to process your local number portability request and to notify the local service provider of your decision to switch your local service provider to VoIP Office and to transfer your number. You agree and warrant to submit to us, upon request, a letter of authorization along with a copy of your most recent bill from your service provider and any such any other information required by your service provider to port your number.
6.3. You agree that the porting of your number is beyond VoIP Office’s control and is solely dependent on your co-operation. Nothing in these Terms shall hold VoIP Office responsible or liable for any delay or default in porting of your number.
6.4. Notwithstanding anything contained in these Terms, VoIP Office may, at its sole discretion, refuse to offer assistance to such a request as detailed in Clause 6.1 of these Terms.
7. PAYMENT AND CANCELLATION POLICY
7.1. In consideration for the Services rendered to you, you agree that all the fees shall be in accordance to the price list and schemes in effect. You agree that VoIP Office may, at its sole discretion, any time, amend the price list or scheme charges for the Services rendered and/or Equipment supplied by the VoIP Office.
7.2. The fees and charges levied for the Services and/or Equipment provided by VoIP Office to you shall be applicable from the date of commencement of the date of connection with VoIP Office’s communication services. You agree that all fees, including Taxes, shall be non-refundable and non-creditable.
7.3. You acknowledge that VoIP Office shall provide you with a monthly on-line billing statement for the Services provided by every __ of each calendar month. You agree that if any charges for any Services are due but unpaid for any reason, including but not limited to non-payment, VoIP Office may take disciplinary action, including but not limited to, suspension or termination of Services, levying of late fees.
7.4. In lieu of early termination or cancellation of purchase prior to the prescribed period, in addition to the monthly fees, you may also be liable to pay cancellation or early termination charges, at the sole discretion of VoIP Office.
7.5. You may dispute any charges levied by VoIP Office in writing at firstname.lastname@example.org [E-mail ID] within 15 days from the date of receipt of such bill. If no objection is raised by you, it shall be assumed that you waive off your right to raise objection and/or any further recourse with regard to such fees that are levied.
7.6. You agree that notwithstanding anything contained in these terms, there is no money back guarantee for any Service and/or the Equipment unless otherwise has been specified in a special offer. You further agree that there are no pro-rated refunds for unused time availed by the Service.
8.2.1. take action regarding suspected illegal activities;
8.2.3. comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or
8.2.4. protect our rights, reputation, and property, or that of our users, affiliates.
8.3. We use procedural and technological security measures that are designed to safeguard your Personally Identifiable Information from loss, unauthorized access, disclosure, alteration or destruction. We may use encryption, password protection, and other security measures to help prevent unauthorized access to such data.
8.4. We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you. We will keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
8.5. We shall not collect any information or data regarding the services and/or equipment unless you voluntarily submit such information to us.
9. INTELLECTUAL PROPERTY
9.1. We reserve all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Portal, its content, Services and/or Equipment that may be provided. Any use of our rights requires our prior written consent. We are not providing you with any implied or express licenses or rights by making Services and/or Equipment available to you and you will have no rights to make any commercial uses of our Portal or service without our prior written consent.
10. LINKS TO THIRD PARTY WEBSITES
10.1. The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
12. USER CONDUCT & RULES
12.1. You agree and undertake to use the Portal strictly abiding by the following principles:
12.1.2. You agree to use the Services, Portal and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
12.1.3. You will not promote or try to gain unauthorized access or exceed the scope of authorized access in our Portal and its connected network.
12.1.4. You will not attempt to gain unauthorized access to any portion or feature of Portal, or any other systems or networks connected to our Portal.
12.1.5. You will not interfere with another user's use of the Portal.
12.1.6. You will not violate any law currently in force in India or outside.
12.1.7. You will not attempt or otherwise impersonate another person during the use of Portal.
12.1.8. You will not probe, scan or breach the vulnerability of our Portal or any network connected to our Portal.
12.1.9. You will not use any automatic device, program, or methodology including but not limited to "deep-link", "page-scrape", "robot", "spider" or other such means, or any similar manual process, to access, acquire or copy any portion of the Portal or any content within.
12.1.10. You will not collect or store data about other users.
12.1.11. You will not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Portal whatsoever.
12.1.12. You will not upload, publish, host, transmit, display, modify, update or share any information that, in our sole discretion:
a. Involves an illegal or unauthorized use of copyrighted work;
b. Is not belonging to you or to which you have no rights;
c. Refers to any Portal or URL that contains material that is inappropriate;
d. Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
e. Is grossly racial, harmful, sexual, harassing, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever.
f. You will not engage in any activity that inflicts an unreasonable or abnormal load on our Portal or any systems or networks connected to our Portal.
h. You will not violate any of the terms and conditions of this agreement or any other terms and conditions contained elsewhere within our Portal.
i. You agree that your sole purpose of registering in the Portal is to avail the Services and you shall not use this Portal for any other purpose.
j. You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Portal.
13. TERM AND TERMINATION
13.1. The Terms will continue to apply until terminated by either you or us as set forth below. If you desire to terminate your agreement with us, you may do so by (i) not accessing the Portal; or (ii) deleting your accounts (if any).
13.2. We shall terminate your account if you breach this Agreement or any terms or policies of the Portal.
13.3. We reserve the rights to cancel any new registration or to terminate any existing registration at any time without giving prior notice to you. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. We shall not be liable to you or any third party for any such termination.
13.4. Termination of your accounts shall not affect your liability or obligation arising prior to such termination.
14. WARRANTIES & LIMITATION OF LIABILTY
14.1. We have no special relationship with you or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Portal and/or the Services; what content you access via the Portal and/or the Services; what effects the content on the Portal and/or the Services may have on you; how you may interpret or use the content on the Portal and/or the Services; or what actions you may take as a result of having been exposed to the content on the Portal and/or the Services. You release us from all liability for you having acquired or not acquired content through the Portal and/or the Services. The Portal and/or the Services may contain, or direct you to Portals containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Portal and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Portal and/or the Services. We make no representations or warranties regarding suggestions or recommendations of Services or Services offered or purchased through the Portal. We provide the Portal and the Services “As Is”, “With All Faults” and “As Available.” We make no express or implied warranties or guarantees about the Services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Portal, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing, except as expressly mentioned in these Terms. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choice. We do not warrant that the Portal or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Services, software or Portal are free of computer viruses, contaminants or other harmful items.
14.2. Our endeavours to ensure that all the information on the Portal is correct, but we do not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. The user understands and agrees that any material or data downloaded or otherwise obtained through the Portal is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to any invalidity of any kind. We accept no liability for any errors or omissions, with respect to any information provided to you by us or on behalf of third parties.
14.3. While we provide a warranty of 1 (one) year on all the Equipments provided by us, you agree that we or our affiliates shall be liable for any loss in information or value, and/or inefficiency in our Services or Equipment due to the following contingencies:
Inefficiency in service provided due to failure in hardware other than the Equipment for a period of one year from the date of purchase of the said Equipment
14.3.2. Inefficiency in Service provided due to inability or failure in hardware or network related issues required for the successful operation of the Service
14.3.3. Inefficiency in Service due to unavailability of data or network data services or any such services provided by the third party vendors that acts a prerequisite for the effective and efficient operation of the Services
14.3.4. Loss of data, and/or failure, malformation, irregularity, distortion, defect or destruction of any component or the machinery or loss of data due to any of the aforesaid reasons
14.3.5. Loss of data due to force majeure or due external third party cyber attack.
16.1. Electronic Contracting; Copyright Dispute
16.2 International Users
16.4 Entire Agreement
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
16.7 Amendments To The Services
We may terminate, change, suspend or discontinue any aspect of this Portal, including the availability of any features of the Portal at any time without prior notice. We also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Portal after any changes to these terms are posted will be considered acceptance of those changes.
16.8 Force Majeure
We shall not be liable to the User or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
d) import or export regulations or embargoes;
e) interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving our employees or of a third party);
f) interruption of Service or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
g) power failure or breakdown in machinery.
16.9 Breaches Of These Terms And Conditions
Without prejudice to the user’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your access to the Portal, prohibiting you from accessing the Portal, blocking computers using your IP address from accessing the Portal and/or contacting your internet service provider to request that they block your access to the Portal.
16.10 Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India