Terms of service

Welcome to Telegom. These terms of service constitute your agreement with Telegom Services. (“Telegom” or “we”).


Acceptance of Terms

By accessing the web site www.Telegom.com and such other sites that are operated by Telegom from time to time (the “Site”) or using Telegom’s services (the “Telegom Services”), you agree to be bound by these terms of service including Telegom’s privacy policy provided at the Site (the “Privacy Policy”), and any additional terms on the Site (together “Terms of Service”). If you do not agree to the Terms of Service, you may not activate or use the Telegom Services. Telegom may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Telegom Services you accept such revisions.


Jurisdictional Restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Telegom Services, you may not enter into this Agreement.


Third Party

Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Telegom, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
THE Telegom SERVICES


Usernames and PIN

You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Telegom Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will choose a PIN code (“PIN”) required for access to and use of the Telegom Services. You are responsible for all actions that take place as a result of access to or use of the Telegom Services via your PIN and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your PIN and/or Device.


Unauthorized Use/Stolen Device

If your Device is stolen or if you become aware of unauthorized use of the Telegom Services you must notify us immediately to suspend the Telegom Services. You are responsible for all charges to your account with Telegom (“Account”) until the Telegom Services are suspended. We have the right to change your PIN and account name at any time in our sole discretion and without notice.


Use of the Telegom Services

We grant you a non-exclusive, non-transferable right to view and use the Telegom Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.


No Unlawful or Prohibited Use

You expressly acknowledge and agree to use any Telegom Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any Telegom Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Telegom’s sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any Telegom Service in any manner that could damage, disable, overburden, or impair any Telegom server, or the network(s) connected to any Telegom server, or interfere with any other party's use and enjoyment of the Telegom Services.


Submission of information to Telegom

In the course of using the Telegom Service, users may provide information about themselves which may be visible to certain other users. You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Telegom you are granting Telegom a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Telegom Services. Furthermore, you understand that Telegom retains the right to reformat, excerpt, or translate any materials submitted by you.


Disclosure of information

Telegom reserves the right at all times to disclose any information as Telegom deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Telegom's sole discretion.


No warranties

Telegom does not make any express warranty regarding the Telegom Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Telegom shall endeavor to provide the Telegom Services with minimum disruptions. Telegom cannot guarantee that the Telegom Services will always function without disruptions, delay or other imperfections and Telegom may choose not to provide service to countries or calling areas at its sole discretion. Since the Telegom Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Telegom Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Telegom will not be liable for any disruption, delays, eavesdropping or other omissions in the Telegom Services.


Suspension and interruption

Telegom is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Telegom Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Telegom Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, Telegom may prevent, at any time, in its sole discretion and without advance notice, use of the Telegom Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities, unlawful use, or misuse of service promotions or campaigns (including but not limited to the use of such promotions or campaigns in a fraudulent or abusive manner of for such purpose).


Communication

The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Telegom will not be liable for any type of communication spread by means of the Telegom Services.


No emergency calls

The Telegom Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Telegom is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Telegom Services.


No SMS, MMS or FAX messages

The phone numbers provided by Telegom do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.


Phone numbers provided by Telegom

You expressly acknowledge and agree that any phone number(s) provided to you by Telegom are shared by multiple end-users. This means, without limitation, that you may not port-out any such Telegom phone number to any third party.


Intellectual property rights

All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Telegom Services ("Content") is either owned by Telegom or has been licensed to Telegom by the rights owner(s) for use as part of the Telegom Services. All rights are expressly reserved. Furthermore, Telegom has the right to remove any materials posted to the Site in its sole discretion.


PAYMENT, RATES AND ACCOUNTS


Payment

In order to purchase credits for the Telegom Services and to charge your Account you shall pay Telegom the rates as stated on the Site. Payments are made manually by you.

 

VAT

Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees.


Rates

The rates for the Telegom Services are published on the Site. Telegom reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Telegom Services, following the adjustments of the rates, you accept such adjustments.


Roaming charges

You will also pay any additional charges you incur if you connect to the Telegom Services through a phone number provided by Telegom while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the Telegom Services from another country.


Account and receipt

Telegom may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Telegom Services. The Account History is the only statement of your Account that Telegom will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Telegom will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Telegom.


Accounting errors

If you believe that Telegom has charged your Account in error, you must submit a written request in English for refund by contacting Telegom’s customer services via support@Telegom.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.


Expiration of credits

A credit balance for the Telegom Services on the Account expires 12 months after the last activity of the Telegom Services. Credit balances that are not used within the said 12 months day period will be lost.


TERMINATION AND CANCELLATION


Telegom Service termination/default

If you breach any representations to us or fail to perform any of the undertakings you made in the Terms of Service, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Telegom Services and/or terminate the Terms of Service.


Cancellation of your Telegom Services

You may cancel the Telegom Services at any time. Unless otherwise stated herein, all Telegom Services will be cancelled from the Site or within 5 days of receipt of written notice from you to support@Telegom.com.


Limitation of Liability

Telegom is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Telegom Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Telegom Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Telegom Services. This paragraph shall survive termination of the Terms of Service.


MISCELLANEOUS


Assignment

We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.


Indemnity

You agree to indemnify and hold Telegom and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Site or the Telegom Services including without limitation posting and submitting of any material, (b) connection to the Site or the Telegom Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.


Entire Agreement

These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.


Terms of service

Welcome to Telegom. These terms of service constitute your agreement with Telegom Services. (“Telegom” or “we”).
Acceptance of Terms

By accessing the web site www.Telegom.com and such other sites that are operated by Telegom from time to time (the “Site”) or using Telegom’s services (the “Telegom Services”), you agree to be bound by these terms of service including Telegom’s privacy policy provided at the Site (the “Privacy Policy”), and any additional terms on the Site (together “Terms of Service”). If you do not agree to the Terms of Service, you may not activate or use the Telegom Services. Telegom may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Telegom Services you accept such revisions.


Jurisdictional Restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Telegom Services, you may not enter into this Agreement.
Third Party

Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Telegom, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).


THE Telegom SERVICES


Usernames and PIN

You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Telegom Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will choose a PIN code (“PIN”) required for access to and use of the Telegom Services. You are responsible for all actions that take place as a result of access to or use of the Telegom Services via your PIN and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your PIN and/or Device.


Unauthorized Use/Stolen Device

If your Device is stolen or if you become aware of unauthorized use of the Telegom Services you must notify us immediately to suspend the Telegom Services. You are responsible for all charges to your account with Telegom (“Account”) until the Telegom Services are suspended. We have the right to change your PIN and account name at any time in our sole discretion and without notice.


Use of the Telegom Services

We grant you a non-exclusive, non-transferable right to view and use the Telegom Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.


No Unlawful or Prohibited Use

You expressly acknowledge and agree to use any Telegom Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any Telegom Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Telegom’s sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any Telegom Service in any manner that could damage, disable, overburden, or impair any Telegom server, or the network(s) connected to any Telegom server, or interfere with any other party's use and enjoyment of the Telegom Services.


Submission of information to Telegom

In the course of using the Telegom Service, users may provide information about themselves which may be visible to certain other users. You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Telegom you are granting Telegom a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Telegom Services. Furthermore, you understand that Telegom retains the right to reformat, excerpt, or translate any materials submitted by you.


Disclosure of information

Telegom reserves the right at all times to disclose any information as Telegom deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Telegom's sole discretion.


No warranties

Telegom does not make any express warranty regarding the Telegom Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Telegom shall endeavor to provide the Telegom Services with minimum disruptions. Telegom cannot guarantee that the Telegom Services will always function without disruptions, delay or other imperfections and Telegom may choose not to provide service to countries or calling areas at its sole discretion. Since the Telegom Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Telegom Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Telegom will not be liable for any disruption, delays, eavesdropping or other omissions in the Telegom Services.


Suspension and interruption

Telegom is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Telegom Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Telegom Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, Telegom may prevent, at any time, in its sole discretion and without advance notice, use of the Telegom Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities, unlawful use, or misuse of service promotions or campaigns (including but not limited to the use of such promotions or campaigns in a fraudulent or abusive manner of for such purpose).


Communication

The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Telegom will not be liable for any type of communication spread by means of the Telegom Services.


No emergency calls

The Telegom Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Telegom is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Telegom Services.


No SMS, MMS or FAX messages

The phone numbers provided by Telegom do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.


Phone numbers provided by Telegom

You expressly acknowledge and agree that any phone number(s) provided to you by Telegom are shared by multiple end-users. This means, without limitation, that you may not port-out any such Telegom phone number to any third party.


Intellectual property rights

All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Telegom Services ("Content") is either owned by Telegom or has been licensed to Telegom by the rights owner(s) for use as part of the Telegom Services. All rights are expressly reserved. Furthermore, Telegom has the right to remove any materials posted to the Site in its sole discretion.


PAYMENT, RATES AND ACCOUNTS


Payment

In order to purchase credits for the Telegom Services and to charge your Account you shall pay Telegom the rates as stated on the Site. Payments are made manually by you.


VAT

Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees.


Rates

The rates for the Telegom Services are published on the Site. Telegom reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Telegom Services, following the adjustments of the rates, you accept such adjustments.


Roaming charges

You will also pay any additional charges you incur if you connect to the Telegom Services through a phone number provided by Telegom while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the Telegom Services from another country.


Account and receipt

Telegom may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Telegom Services. The Account History is the only statement of your Account that Telegom will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Telegom will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Telegom.


Accounting errors

If you believe that Telegom has charged your Account in error, you must submit a written request in English for refund by contacting Telegom’s customer services via support@Telegom.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.


Expiration of credits

A credit balance for the Telegom Services on the Account expires 12 months after the last activity of the Telegom Services. Credit balances that are not used within the said 12 months day period will be lost.


TERMINATION AND CANCELLATION


Telegom Service termination/default

If you breach any representations to us or fail to perform any of the undertakings you made in the Terms of Service, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Telegom Services and/or terminate the Terms of Service.


Cancellation of your Telegom Services

You may cancel the Telegom Services at any time. Unless otherwise stated herein, all Telegom Services will be cancelled from the Site or within 5 days of receipt of written notice from you to support@Telegom.com.


Limitation of Liability

Telegom is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Telegom Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Telegom Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Telegom Services. This paragraph shall survive termination of the Terms of Service.


MISCELLANEOUS


Assignment

We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.


Indemnity

You agree to indemnify and hold Telegom and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Site or the Telegom Services including without limitation posting and submitting of any material, (b) connection to the Site or the Telegom Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.


Entire Agreement

These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.