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VOIP CUSTOMER AGREEMENT

General Service Agreement
1. Acknowledgment and acceptance of terms of use

VoipLid Network , herein known as (COMPANY), provides telecommunication services (SERVICE) described in greater detail on our web site to you (END USER) subject to the following conditions:
By accessing this site and/or registering or using the SERVICE, the END USER acknowledges receiving, reading and understanding this General Service Agreement (AGREEMENT) and accepts the terms and conditions herein. If END USER does not agree to these Conditions of Use, please do not use our site or the SERVICE. COMPANY reserves the right, at our discretion, to update or revise these Conditions of Use. Each time END USER logs in or otherwise access this site or use the SERVICE following the posting of any changes to the Conditions of Use, END USER hereby accept these changes regardless of whether END USER have checked or visited the Conditions of Use portion of the site. These Conditions of Use govern the use of our site and our service by viewers and other users.

2. Conduct

END USER is solely responsible for actions and the content of your transmissions through or in connection with the SERVICE, it being understood that each employee acts on behalf of any company with which such employee is associated in all actions and submissions on or in connection with the SERVICE. END USER agrees:
(a) to abide by all applicable local, state, national, and international laws and regulations in your use of the SERVICE;
(b) not to use the SERVICE for illegal purposes;
(c) not to use or attempt to use another person’s or entity’s account, telephone number, SERVICE, system or other Confidential Access Information without authorization from the owner;
(d) to comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of the United States);
(e) not to make unsolicited contact, stalk, threaten, or harass anyone through, in connection with, or utilizing any data collected through the SERVICE;
(f) that COMPANY neither endorse the content of any of your communications nor assume any responsibility for any threatening, libellous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the SERVICE;
(g) not to interfere or disrupt networks connected to the SERVICE or otherwise attempt to interfere with the proper function of the SERVICE; and
(h) not to attempt to obtain unauthorized access to the SERVICE.
COMPANY, at our sole discretion may immediately terminate your access to the SERVICE and/or this site should your conduct fail to conform to any provision of this AGREEMENT.

3. Terms of use for free rate

For Free rate (otherwise known as free rate given in the package), the SERVICE is provided to END USER for your personal, residential, business and professional use. This means that users can use a free rate specified in the package. The next minute is set at the rate we have set. To continue using the service after running out of free minutes you must add value to the registered agent.

4. Supporting document requirement

For Malaysian:
(a) Individual – a copy of the individual’s identity card (both sides);
(b) Sole proprietor or partnership – a copy of either the Customer’s business license, Forms D, B or A;
(c) Company – a copy of Form 9, Form 49, Form 24 or Form 13.

For foreign:
(a) Individual – a copy of the Customer’s passport;
(b) Company – a copy of either the Customer’s Form 79, 80, 80A or 83.
(c) Individual – a copy of the Customer’s passport;
5. Terms of use for Individual SERVICE

For Individual service user, the SERVICE is provided to END USER as an individual user, for your personal, residential, non-business and non-professional use. This means that END USER are not to use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal individual usage patterns. This also means that END USER are not to resell or transfer the SERVICE to any other person for any purpose, or make any charge for the use of the SERVICE, without express written permission from our company. END USER agree that your use of the SERVICE provided to END USER by any other person for any business or governmental purpose will obligate END USER to pay the higher rates for business service on account of all periods, including past periods, in which END USER use, or used, the SERVICE for business or governmental purposes. COMPANY reserves the right to immediately terminate or modify the Service, if COMPANY determines, in its sole discretion, that Customer’s SERVICE is being used for non-individual or business use.

6. Termination/Upgrade/Downgrade of Monthly Calling Plans

For Individual and Business monthly plan users the SERVICE is provided on a monthly basis and is paid in advance for each month. The monthly plan activation date is deemed the anniversary date. The monthly plan will renew each month on the anniversary date unless terminated by the customer. Notice of termination must be in writing via email to our email address of record two days prior to the anniversary date. Monthly plan fees will not be prorated and/or refunded for the termination month. Notice of termination received after the required notice date will be effective for the next anniversary date. A setup fee will be charged to reactivate plans that were previously terminated. Requests to upgrade or downgrade a monthly calling plan to a different calling plan must be submitted in writing and to the email address of record. Request to change an existing plan must be submitted at least five days prior to the monthly anniversary date. Requests to upgrade or downgrade a monthly plan are not automatic and are subject to approval by Our Company. Existing monthly plan customers that receive approval from to change to a more expensive (upgrade) monthly plan may do so without having to pay another setup fee. Existing monthly plan customers that receive approval to change to a less expensive (downgrade) monthly plan may do so and will be required to pay another setup fee.

a. Customer shall not be entitled to a reimbursement of any prepaid/postpaid charges.

7. Prohibited Uses

Any End User’s use of the SERVICE or any other action that causes a disruption in the network integrity of our company or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the SERVICE and/or payment for damages relating to such conduct. The End User understands that neither us nor our vendors are responsible for the content of the transmissions that may pass through the Internet and/or the SERVICE. The End User agrees that it will NOT use the SERVICE in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. The End User agrees and represents that it is using the SERVICE for its own internal use only, and shall not resell the SERVICE thereof. The SERVICE is for the personal, residential and reasonable business use of the End User only. Such use shall not include certain activities, including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns.

8. Changes to the Agreement and SERVICE

COMPANY may change the terms and conditions this Agreement from time to time and at its discretion without prior notice. COMPANY reserves the right to change, suspend or cancel the SERVICE, temporarily or permanently, with or without notice to the End User. COMPANY will not be liable to the End User or any third party in the event that COMPANY exercises its right to modify or discontinue the SERVICE.

9. Telephone Numbers

Any telephone number provided (the Number) to the End User shall be leased and not sold to the End User. The End User shall not obtain any rights, title or interest in the Number. The End User is not to use the Number with any other device other than the approved equipment (the Equipment) without the express written permission of our company. COMPANY reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the SERVICE, the End User shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the End User by our company.

10. Fees

COMPANY reserves the right to change this policy at its sole discretion without prior notice. The End User is responsible for procuring and paying the costs for any software, hardware, or internet/broadband connection charges necessary to access and use the SERVICE.

11. Payment

All paid services new or recurring are prepaid.
Your initial use of the SERVICE authorizes us to charge the credit card account number on file with our company, including any changed information given if the card expires or is replaced, or if END USER substitute a different card, for recurring charges. This authorization will remain valid until 30 days after receives your written notice terminating authority to charge your credit card.

12. Late/Non-payment

COMPANY may terminate your SERVICE at any time in its sole discretion, if any charge to your credit card on file with us is declined or reversed, your credit card expires and you have not provided us with a valid replacement credit card or in case of any other non-payment of account charges.

13. Billing

The SERVICE user must provision us with a valid credit card number (Visa, MasterCard, cash,bank transfer or any other issuer then-accepted by our company) when the SERVICE is activated. COMPANY reserves the right to stop accepting credit cards from one or more issuers. If the card expires, END USER close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, END USER must advise us immediately. Such billing charges will include monthly SERVICE fees, applicable taxes and any other applicable charges. Monthly SERVICE fees are charged in advance to your credit card, including but not limited to: monthly recurring charges.

14. Taxes

END USER are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the SERVICE or a Device. Such amounts are in addition to payment for the SERVICE or Devices and will be billed to your credit card as set forth in this Agreement.

15. Technical Support

COMPANY provides the End User with technical support at its sole discretion and as limited to the SERVICE and the Equipment provided hereunder. Technical support is rendered from our premise, as available, via email. Support for other applications and uses is not provided or implied.

16. Termination

COMPANY reserves the right to, in its sole discretion, suspend or discontinue your access to all or part of this site or the SERVICE, with or without notice. COMPANY will not be liable to END USER or any third party for termination of the SERVICE.

17. Indemnification

The End User agrees to defend, indemnify and hold harmless our company, its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages relating to this Agreement or a breach or violation of this Agreement, including reasonable attorneys’ fees.

18. Critical Components:

EMERGENCY SERVICE- We do not describe the service any program like the 999 emergency call service. You are advised to have the other services that can get emergency calls in order to avoid untoward incidents.

 

19. Disclaimer of Warranties and Limitation of Liability

To the full extent permissible by applicable law, COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. COMPANY does not warrant that this site, its servers, the SERVICE or e-mail sent from us are free of viruses or other harmful components. COMPANY 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, tort, negligence, strict liability, or any other basis, even if COMPANY have been advised of the possibility of such damage. COMPANY 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. COMPANY makes no warranty that:
(i) this site or the SERVICE will meet your requirements,
(ii) this site or SERVICE will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of this site or SERVICE will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by END USER through this site or SERVICE will meet your expectations, and
(v) any errors in this site or the SERVICE will be corrected.
COMPANY will not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to this site and/or the SERVICE. END USER understands and agree that the use of this site and/or the SERVICE is at your sole risk and discretion and is on an “as is” and “as available” basis. END USER also understands and agree that END USER will be solely responsible for any damage resulting from END Users use of this site or the SERVICE, including damage to your computer system or loss of data that results from material or data that is downloaded from this site.
Our company is not responsible for the content on the Internet or the World Wide Web not otherwise located on this site. As a convenience to our End Users, COMPANY may provide links to resources that are beyond its control. COMPANY makes no representations as to the quality, suitability, functionality or legality of any sites to which COMPANY may provide links, and the End User hereby waives any claim he or she might have against our company with respect to such sites.

20. No Consequential Damages

In no event shall our company, its officers, directors, employees, affiliates, agents, successors, assigns or any other service provider who furnishes services to the End User in connection with this Agreement or the SERVICE be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the SERVICE, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not COMPANY was informed of the likelihood of any particular type of damages.

21. Remedies for Breach of these Terms by END USER

In the event that COMPANY determine, at its sole discretion, that END USER have breached any portion of these Conditions of Use, or have otherwise demonstrated conduct inappropriate for our site, COMPANY reserves the right to (i) warn END USER via email that END USER have violated these Conditions of Use; (ii) delete any or all content provided by END USER or END USER agent(s) to this site, (iii) discontinue your access to the SERVICE or site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which COMPANY deem to be appropriate.

22. Governing Law

This Agreement is governed by the laws of International and Malaysia without regard to its conflicts of law provisions. The AGENT acknowledges and agrees that Malyasia courts have jurisdiction over this Agreement and customer, that Malaysia County, is an appropriate place for venue of any litigation, and that all litigation, to the extent possible, shall be in Malaysia.

24. Registration Information/Privacy Policy

When END USER registers as a member of our company, END USER will be required to provide us with your End User I.D., and password other confidential access information (Confidential Access Information).
Except as provided herein, COMPANY will not sell to any third party your name, address, email address and End User I.D., unless END USER provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations or in legal proceedings where such information is relevant. COMPANY grant third parties providing technical services to us access to our database only to the extent necessary to provide such technical services. In those instances, such third parties are bound by these Terms and Conditions. Your informed consent shall be in the form of an “opt in” or similar policy. In addition, COMPANY may assign, sell, license, or otherwise transfer to a third party its entire database, including your name, address, email address, and End User I.D., in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of the assets or stock of our company.
END USER is responsible for maintaining the confidentiality of your Confidential Access Information. END USER shall be responsible for all uses of your Confidential Access Information, whether or not authorized by END USER. END USER agrees to immediately notify us of any unauthorized use of your Confidential Access Information.

25. Linking to the Site

END USER may provide links only to or home page provided (a) END USER do not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on this site, (b) END USER give us prior written notice of such link via email, and (c) END USER discontinue providing links to this site if notified by our company.

26. Miscellaneous

In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
COMPANY may assign our rights and obligations under this Agreement, and upon such assignment COMPANY may be relieved of any further obligation hereunder. This Agreement, and any modifications of this Agreement by our company as provided above, constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of our company, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.

27. Consent to Receive Electronic Documents

By accessing this site and using the SERVICE, END USER are agreeing to receive electronic documents, billing reports, statements and records (electronic records) in lieu of paper documents, statements and records from us. Your electronic records may be emailed to END USER to the email account that END USER provide to us, accessed through this site using your Confidential Access Information or otherwise electronically provided to END USER. By accessing this site and using the SERVICE, END USER are also agreeing to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. END USER may request a paper copy of any electronic record that COMPANY send END USER by sending an email request to our company. END USER can also request this by sending a written request to our address of record, ATTN: Electronic Records. END USER will be charged $10.00 for every paper record that END USER request prior to END USER cancellation of consent. END USER can withdraw your consent to receive electronic records from us by sending an email message to email address of record or by sending a written letter. END USER will be charged a $50.00 cancellation of consent fee. This consent applies to all electronic records that COMPANY may send END USER. Your withdrawal of this consent will not affect the legal effectiveness, validity or enforceability of any electronic record that COMPANY provide to END USER prior to the withdrawal of such consent. If END USER changes your email address to receive electronic records, END USER must notify us of your new email address by sending an email or written letter to our address of record.

28. Acknowledgment

END USER represents to COMPANY that END USER has the authority and capacity to understands and agree to these Conditions of Use. END USER acknowledges (a) that END USER has read and understood these Conditions of Use; and (b) that these Conditions of Use have the same force and effect as a signed agreement.
COPYRIGHT 2013 ALL RIGHTS RESERVED.

 

VOIP WHOLESALE TERMINATION AGREEMENT

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