Terms & Conditions

Terms and Conditions in Swedish.

Terms and Conditions in Danish.

Terms and Conditions in Norwegian.

Terms and Conditions in Finnish.

 

1. DEFINITIONS

Agreement: These general terms and conditions as well as other written documents, including but not limited to the Service Agreement.

Service Agreement: The document that is signed and contains specific terms of Service.

Customer: The legal entity with which Telavox AB, 556600-7786 has entered into the Agreement.

Service: The service/services provided by Telavox.

Special Equipment: Equipment required for use of the Service. The description includes a broadband connection and office network. Requirements for the Special Equipment are stated in the Service Agreement. Special Equipment is not included in the Service.

Products: Products required for use of the Service. The description includes telephones, ATA boxes, terminals and other products sold by Telavox and competitors to Telavox. Products are not included in the Service. When purchasing Telavox products, a special agreement is entered into between the Customer and Telavox. SLA Agreement: Telavox Service Level Agreement

2. GENERAL

2.1 Telavox’s General Terms and Conditions govern the Service/Services provided by Telavox to a legal entity. These Terms and Conditions form part of the Agreement between Telavox and the Customer. Unless otherwise agreed, the specific terms and conditions agreed by the parties in the Service Agreement have priority, over these general terms and conditions.

2.2 The Agreements shall be deemed to have been entered when Telavox has received the Customer’s signed Agreement, approved credit test and, if agreed, the deposit required.

 

3. SERVICE DESCRIPTION

3.1 The Service comprises telephony services and the right to use other communication services.

3.2 To be able to use the Service, the Customer must have access to Special Equipment and Products.

3.3 Telavox intends to continuously develop, update and renew the Service in order to improve the Customer’s use of the Service, fulfil the Customer’s requirements, and/or follow market trends.

 

4. THE CUSTOMER’S UNDERTAKING AND RESPONSIBILITY

4.1 The Customer is responsible for having the Special Equipment and Products required for the Service, in the way specified in the Service Agreement. The Customer is also responsible for all costs attributable to the operation and purchase of Special Equipment and Products.

4.2 Only the Special Equipment and Products which fulfil the requirements specified in laws, regulations or technical standards may be connected to the Service.

4.3 The Customer is responsible for the storage and use of issued passwords, codes, identities or similar securely and in accordance with the Swedish Personal Data Act (1998:204).

4.4 The Customer is responsible for the use of the Service in accordance with the Agreement and in a responsible and lawful way. Should any type of infringement come to the knowledge of the Customer, the Customer will be obliged to immediately take rectification measures and inform Telavox of the infringement. Telavox reserves the right to charge the Customer the cost of any measures taken by Telavox as a consequence of the misuse of the Service.

4.5. The Customer will in no cases be entitled to seek unauthorised access to connected network and computer resources concerning either Telavox’s or another party’s network, or unjustifiably use, disrupt or distort information in Telavox’s network or connected networks. The Customer may not receive or pass on any such information to any unauthorised parties.

4.6 The Customer is obliged to notify Telavox in writing of name, address and number change. If the Customer does not make such notification as soon as possible and the Customer’s connection to Telavox Network is used by an unauthorized party, the Customer is obliged to compensate Telavox for use.

5. CHARGES, CONTRACT PERIOD AND PAYMENT

5.1 Unless otherwise agreed, charges will be due in accordance with Telavox’s prevailing price list for the Service. Charges can consist of variable and/or fixed charges, one-time fees, such as shipping, invoice charges and opening charges. All fees are exclusive of VAT, other taxes and public charges.

5.2 Changes to charges must be appropriately notified, no later than 30 days in advance.

5.3 Invoicing shall take place in arrears and the due date will be 25 days after the invoice date unless otherwise agreed. Interest is payable in accordance with the Interest Act (1975: 635). Reminders and debt collection costs shall be charged in accordance with the Act (1981: 739) on the reimbursement of collection expenses.

5.4 Designated credit limits can be changed if this appears justified by special credit review.

5.5 If the Customer’s debt to Telavox exceeds the credit limit applied by Telavox, Telavox may, between regular invoicing requests, request immediate payment of the excess amount.

5.6 If the Customer is unable to use the Service ordered due to circumstances attributable to the Customer or circumstances beyond Telavox’s control, this shall not relieve the Customer of the obligation to pay applicable fees.

5.7 The contract period for the Service starts from the date of delivery. In the event that the parties have not agreed on a date of delivery, Telavox shall provide the Service within a reasonable period of time.

5.8 In the event of a delay in delivery which is due to circumstances attributable to the Customer or any situation for which the Customer is responsible, Telavox has the right to invoice the Customer for all of Telavox’s possible costs due to the delay. If such a delay lasts at least six months, Telavox also has the right to invoice 50% of the total order value after which the Service ceases to apply.

6. ROAMING

6.1 Roaming traffic within EU are based on the corresponding domestic rates. In accordance with EU Regulation No. 531/2012, the volume of roaming traffic must correspond to fair use where the following scenarios classifies as misuse: -Insignificant domestic traffic compared to roaming traffic -Significant inactivity of a given SIM card associated with use mostly, if not exclusively, while roaming -subscription and sequential use of multiple SIM cards by the same customer while roaming The volume of data roaming is restricted to the volume in the users domestic data plan where fair use is calculated by the following formula: (Price for subscription license and corresponding data package/ wholesale price) * 2

6.2 If the Customer do not follow the fair use policies stated in 6.1 Telavox reserves the right to invoice a mark-up for the used roaming traffic in accordance with EU Regulation No. 531/2012.

7. CUSTOMER DATA

7.1 On the commencement of the Agreement Telavox will register the Customer’s company data and the users’ personal data, so that the Customer can utilise the Service and Telavox can fulfil its obligations under this Agreement.

7.2 By the conclusion of this Agreement, the Customer agrees that Telavox, regardless of media, may process company data and personal data related to the Service, in addition to the above for statistics, marketing and processing via the internet.

7.3 Telavox is entitled to disclose the Customer’s name, address, telephone number and internet address to companies that provide directory services if the Customer does not request that the data be protected.

7.4 The Customer may revoke his consent with regard to 7.2 and 7.3 by informing Telavox in writing.

8. SERVICE AND MAINTENANCE

8.1 Unless otherwise agreed (see the specific SLA Agreement), Telavox shall perform connection and other service measures on weekdays between 7:00 a.m. and 6:00 p.m. 9.

CHANGES

9.1 Telavox has the right to amend these General Terms and Conditions and/or make changes to the Service without obtaining the Customer’s approval in advance for the purpose of fulfilling section 3.3

9.2 If Telavox intends to amend these General Terms and Conditions and/or make changes to the Service, and if the change is to the disadvantage of the Customer, and this disadvantage is not insignificant, notice of the amendment must be sent to the Customer no later than 30 days before the change enters into force.

10. TERMINATION

10.1 The Agreement may be terminated no later than the month before the end of the initial contract period. After the initial contract period, the Agreement will remain in force. An Agreement that remains in force can be terminated at the end of the current calendar month. 10.2 Notice of termination shall be given in writing.

10.3 In the event of termination of the Agreement, all rights of the Customer to use the Service will also cease.

10.4 Fixed periodic fees paid will be reimbursed to the extent that the fee refers to the period after the termination of the Agreement except in cases where the reason for termination of the Agreement can be attributed to the Customer’s breach of contract. Amounts less than SEK 30 will not be refunded.

10.5 Telavox reserves the right to terminate the provision of the Service by providing 30 days’ notice. This also applies during the initial contract period.

10.6 If Telavox provides the Customer with a withheld number for which the Customer does not pay, or has not ordered in the form of a Gold Number, Telavox has the right to disclose the number. The Customer will not be compensated for this.

11. SUSPENSION AND CANCELLATION

11.1 Telavox has the right to immediately suspend the Service and/or terminate the Agreement without repayment of Customer’s outstanding funds and fees or, alternatively, by providing the Customer with a final invoice for the period until the end of the contract term if: -The Customer has made use of the Service in an inappropriate manner or other actions have entailed that considerable inconvenience has arisen for Telavox, Telavox’ systems and connected systems, other Customers or third parties. -Despite being sent a reminder, the Customer has not paid charges within the specified time or otherwise committed a breach of contract that is not insignificant. -After a renewed credit check the Customer is no longer considered to have sufficient creditworthiness. If possible, the Customer must be notified in writing 30 days in advance of the suspension of the Service and/or cancellation of the Agreement. The reason for suspension must be specified and, if possible, the action and time frame for the Customer to take action concerning this reason.

11.2 If required for security reasons, network functionality, important social functions or for third party protection, Telavox may suspend the Service without prior notice to the Customer. The Customer must be informed immediately upon suspension. 11.3 In the event that the Customer is overdue with his/her payment by more than 20 days or if the Customer’s debt to Telavox exceeds the credit limit applied by Telavox, Telavox may block the Customer from further use of the Service until full payment has been made. The Customer shall be encouraged to pay in writing. In the event that the Customer’s delay is due to an objection by the Customer, the Customer may issue a bank guarantee for Telavox for an amount corresponding to the amount due to Telavox. The issuance of such a bank guarantee will enable the continued use of Service in anticipation of the objection being decided.

11.4 The Customer will be entitled to give notice of termination of the Service if Telavox has changed the licence terms and/or the Service and change is to the Customer’s significant disadvantage. This notice of termination must be provided to Telavox no later than ten (10) days before the change enters into force, and will apply from the date of the change enters into force.

12. LIABILITY

12.1 The SLA Agreement specifies provisions for how errors are to be addressed and the availability Telavox offers to the Customer. In certain cases, the Customer can be entitled to compensation specified in accordance with the SLA Agreement.

12.2 In the event of an error in the Service or a delay, the Customer may request a price deduction. Any such price deduction is limited to SEK 1,000 including VAT per year, calculated from the date of entry into force of the Agreement. The compensation in the event of a claim due to errors or delay is limited to SEK 1,000 including VAT per year, calculated from the date of entry into force of the Agreement.

12.3 Telavox will be liable for errors arising in Telavox’s system and Telavox’s own connections to the internet, the public telecommunications network and Telavox’s mobile network. Telavox will not be liable for errors defined as small or limited in the SLA Agreement. Errors arising as a consequence of problems in the mobile network, between the Customers’ IP networks, in Customer-located PBXs, or on the public Internet, will lie outside Telavox’s area of responsibility. Telavox will not be liable either for errors in Special Equipment and Products, or for errors in the Service as a consequence of errors in or disruption to Special Equipment or Products.

12.4 Telavox will not be liable for any so-called indirect losses such as losses as a consequence of not being able to use the Service as intended.

12.5 Telavox will not hold any indemnification liability should any authorised or unauthorised persons infringe the Customer’s or Telavox’s computer resources and gain access to, disrupt or distort information.

12.6 Telavox is not liable for the consequences arising from a third party’s use of the Customer’s code. password, identity or similar.

12.7 If any damage arises, the Customer will be obliged to limit this damage. Telavox is not liable for any damage which could have been limited by the Customer.

12.8 A Party will be exempt from damages and other consequences if the fulfilment of certain obligations is prevented or significantly impeded by circumstances which the Party could not reasonably have controlled or predicted.

12.9 Complaints regarding errors and delays must be made immediately and confirmed by Telavox (see the SLA Agreement). Failure to make a complaint will entail that the error/delay cannot be invoked against Telavox.

12.10 The Parties agree that compensation in accordance with this Agreement will cancel the right to damages and/or further price deductions that are not described in clause 11.2 and/or in accordance with the SLA.

12.11 The Customer agrees that Telavox may transfer rights and obligations under this Agreements to other companies.

13. DISPUTES

13.1 Swedish law shall apply to this Agreement.

13.2 If the Parties are unable to reach an agreement out of court, disputes concerning this Agreement will be settled before the Swedish courts, with the District Court of Malmö as the court of first instance.

13.3 In order to be valid, claims arising from this Agreement shall be made in writing no later than 30 days after the party is aware or should have been aware of the reason for the claim. If claims are not made within this time limit, the right to make the claim ceases.