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THIS TOLL FREE (as defined below “ITFS”) AND DIRECT INWARD DIALING (as defined below “DID”) SERVICE PROVIDED BY M800 LIMITED (“M800”) TO YOU (“YOU OR YOUR”) ARE GOVERNED BY THESE BINDING TERMS AND CONDITIONS BELOW, THE M800 GENERAL TERMS AND CONDITIONS AND THE M800 PRIVACY POLICY (TOGETHER “THE AGREEMENT”). EXCEPT AS SPECIFICALLY STATED HEREIN, EACH CAPITALIZED TERM USED IN THESE TERMS AND CONDITIONS SHALL HAVE THE SAME MEANING AS IS ASSIGNED TO IT IN THE AGREEMENT. BY CLICKING “I ACCEPT THE TERMS AND CONDITIONS”, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL TERMS AND CONDITIONS CONTAINED HEREIN. M800 RETAINS THE RIGHT TO AMEND ANY PART OF THE AGREEMENT WITHOUT NOTICE TO YOU BY PUBLISING ANY AMENDMENT ON WWW.M800.COM (“M800’S WEBSITE”). YOU ARE RESPONSIBLE FOR REVIEWING ANY AMENDMENTS AND ENSURE YOUR COMPLIANCE. YOUR CONTINUE USE OF THE SERVICES, AFTER ANY AMENDMENT TO THE AGREEMENT SHALL CONSTITUTE YOUR FULL ACCEPTANCE OF THE AMENDED AGREEMENT.

 1.   Definitions

 

1.1.       In these Terms and Conditions, unless the contrary intention appears, the following shall apply: -

 

Affiliate means a person or organisation connected to a party in the same organisation group and/or under one holding company.

Billing Cycle means a thirty (30) calendar day period. 

Confidential Information means all non-public information, written or oral, disclosed, directly or indirectly, through any means of communication or observation by one party to another.

Credit means the usable balance You have for Your Number which You purchased in order to have additional calling minutes.

Destination means the country or city which you have selected from the list of countries provided.

DID means Direct Inward Dialling, which is a telephone number for calling into an entity's private branch exchange (PBX) system, PSTN or VoIP network. 

End User means Your user and/or customer who calls You through the Numbers supplied by M800.

Force Majeure means an event or effect that is considered to be outside You or M800’s control or anticipate, such as natural disasters or industry strikes.

ITFS means International Toll Free Services, which is a reverse charging telephone number.

Number means those stated in Clause 2.1 hereafter.

Package means a bundle of calling minutes provided by M800 at a monthly subscription fee. 

Port means causing or attempting to cause the Number(s) to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity. 

Service means those stated in Clause 2 hereafter.

Top-up means the process of adding Credits to Your Account for the purpose of purchasing additional calling minutes.


2.     Scope of Service


2.1.       You may subscribe the ITFS and/or DID Number(s) supplied by M800 and its Affiliates through Your Account via the M800 Website. The Number you subscribed enables You to receive calls from Your End Users at Your designated Destination.

 

2.2.       M800 shall provide customer support to You as per your request by way of live chat or email.

 

2.3.       M800 will make commercially reasonable efforts to maintain its overall network quality.

 

2.4.       Without prejudice to any provision contained herein, M800 does not warrant the confidentiality or security of any contents and data (whether personal or otherwise) transmitted by or on behalf of You through the Services permitted by law. You shall, at Your own expense, be solely responsible for protecting and backing up Your information, contents and data.

3.     Your Obligations

 

3.1.       You shall have the ability to monitor the usage of the Service through Your Account and ensure Your compliance with this Agreement. M800 shall, at its sole discretion, take all necessary actions as it deems fit, if M800 suspect any breach of a term or condition contained herein or if M800 think it is reasonably necessary to protect M800 from imminent harm or loss.

3.2.       You warrant that throughout the duration of this Agreement ,You shall:-

3.2.1.     purchase any requisite equipment and bear all setup charges for technical setup for Your Service;

3.2.2.     check Your Account, registered email address and the M800 Website regularly in order to view M800 notifications which are inclusive of but is not limited to, low balance reminders, top-up confirmations, price adjustments and announcements;

3.2.3.     assist M800 in performing its obligations under this Agreement;

3.2.4.     comply with all lawful directions of M800; and

3.2.5.     handle all the End Users’ complaints and enquiries in relation to the Service.

 

3.3.       You understand and agree that M800 shall have all rights and/or interests in the Number(s) provided to You. M800 may at its sole discretion Port any Number upon Your request.

3.3.1.     You understand and agree that M800 may withdraw or change the Number(s) You subscribed. You agree that M800 will not be liable for damages (including consequential or special damages) arising out of any such withdrawal or change in the Number(s) provided to You and You hereby waive all claims with respect to any such change, whether based on contractual, tort or other grounds, even if M800 has been advised of the possibility of damages.

 

3.4.       You warrant that You will not use the Service in a way that will:-

3.4.1.     corrupt or otherwise destroy any M800 Website, Service, data or software;

3.4.2.     in any way disrupt or interfere with any services provided by M800;

3.4.3.     breach any law, regulation, including but not limited to the infringment of any third-party rights or giving rise to any claim (whether in contract, tort or otherwise) by any third-party;

3.4.4.     facilitate fraud, hacking, black-mailing, solicitations, chain letters, pyramid schemes, investment opportunities or schemes (save and except those which are expressly approved by a relevant competent authority or are otherwise fully compliant with all applicable laws and regulations);

3.4.5.     contain any misrepresentation to (i) deceive, mislead, defraud or otherwise make misleading representations to any person regarding the Services provided by M800; (ii) impersonate or attempt to impersonate or otherwise misrepresent Your identity for whatever purpose; or (iii) forge or otherwise manipulate origination details and data with a view to disguise or delete the origin of any data transmitted through the Services;

3.4.6.     affect the reputation or goodwill of M800 or its Affiliates; and/or

3.4.7.     breach any provision in the Agreement.

3.5.       You shall indemnify and keep M800 indemnified against any and all action, liability, cost, claim (including any third party claims), loss, damage, proceedings, expense (including legal costs) suffered by M800 arising out of any breach by You or any of Your obligations, representations or warranties set out in these Terms and Conditions or any of the Agreement as a whole, including, but not limited to, any act alleged to be illegal, claims for defamation, infringement of intellectual property rights, damage to computer database, loss of data or distribution of obscene or offensive material.

4.     Payments

 

4.1.       You may elect to pay for Your subscribed Number by Your credit card or by Your PayPal account. Your payment details, which You entered for the first time when You subscribed the Number, will be automatically saved as the default payment method. You may change Your default payment method by making a subsequent payment with Your new payment method. 

4.2.       This is a prepaid Service based on the Package You choose when You subscribe for a  Number. The monthly fee of Your Package is directly debited from Your default payment method until the Package is changed or the Number is terminated in accordance with the Agreement. The Billing Cycle commences when you made the first payment regardless of usage. Any unused minutes in Your Package will expire at the end of each Billing Cycle.

4.3.       You may change Your monthly plan at Your sole discretion at any time. Any unused calling minutes will be forfeited at the time when you change Your Package. Any remaining Credits in your previous Package would be carried over to Your new Package.

4.4.       To the extent that You have subscribed to any additional Services offered by M800 for Your Number, You shall pay for all applicable fees from time to time.

4.5.       You may Top-up Your Number when the balance in Your Package is low. You may enable the automatically Top-up function through Your Account to avoid your Number being temporarily suspended due to zero balance. Any unused Top-up Credits will rollover to the next Billing Cycle. For the avoidence of doubt, You will not be able to receive calles if Your Number is suspended.

4.6.       All fees payable by You are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You are solely responsible for any applicable taxes, duties, or charges imposed on M800 by any third party, including any local government fees for telecommunications services.

4.7.       All billings for all traffic volume are billed in per-minute increments. Partial minutes are rounded up to the next full minute.

4.8.       Any chargeback(s) received by M800, with respect to a form of payment being used on your Account, grants M800 a right to suspend or cancel your Service.

4.9.       The transaction and usage amounts displayed in Your Account on the M800 Website for the usage of Your Numbers are deemed accurate. Except in manifest error, M800’s data is deemed final and conclusive.  

4.10.     You may contact M800 customer support for any refund of unused Credits subject to Clause 5.2 hereafter. All refunds are processed through Your Account with M800, subject to M800’s sole discretion. For the avoidance of doubt, no refunds will be issued for interruption of service, or any other activity which artificially increases your call volume or usage.

4.11.     Pricing rates on the M800 portal may change at anytime due to market fluctuations. It is Your responsibility to check the M800 website for such changes. If You change the destination number where calls will be forwarded to, M800 will recalculate the new pricing per minute for that destination should there be a difference between the old and new destination. You should be aware that if the new destination number is more expensive than the previous destination, Your calling minutes consumption will accelerate.

4.12.     Should You have any dispute as to fees associated with Your Account, please contact M800 at support@M800.com within thirty (30) days of the date of the call that generated such dispute, and we will attempt to resolve the matter. Any and all amounts agreed to resolve such a dispute shall be refunded to Your credit card or PayPal account. Disputes older than thirty (30) days from the date of the call shall not be entitled to any refunds.

5.     Terms and Termination

5.1.       The Term of this Agreement commences on the date when You sign up for the Number via Your Account on the M800 Website and will continue until terminated in accordance with these Terms and Conditions.

5.2.       You may suspend or terminate Your Number by contacting M800 customer support. Should you terminate a Number, no Package fee or Your Credits shall be refunded. The additional Top-up Credits will expire thirty (30) days after the date of suspension.

5.3.       M800 reserves its right to block and/or terminate Your Number following a written notice to You regarding Your breach of any terms under the Agreement. Any failure to remedy such breach within the period provided in the notice, M800 may terminate the Service without any further notice or liability.

5.4.       Should Your Number be terminated in accordance with this Clause 5, M800 reserves its right to immediately recycle the terminated Number into M800’s pool of available Numbers for other customers to purchase. You will not be able to use any of the functions associated with the Number after termination.

5.5.       Upon termination of this Agreement, M800 will immediately suspend Your Number, disconnect, remove, delete, uninstall or dispose of all M800 properties, materials, services, documents and elements from Your subscribed Number. You agree that M800 will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and You hereby expressly waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if M800 has been advised of the possibility of damages.

 

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