This Terms and Conditions (“Terms") constitute binding legal agreement between you and Wavix.
If you are domiciled in USA or Canada the terms “Wavix” “we”, “us,” “our” refer to Wavix Inc. a Delaware corporation, with a place of business at 1000 N. West Street, Suite 1200, Wilmington, Delaware 19801. If you are domiciled outside of USA or Canada the terms “Wavix” “we”, “us,” “our” refer Wavix Pte. Ltd. a Singapore company with a place of business at 350 Orchard Road #11-08 Shaw House, Suite 32 Singapore 238868.
The terms “you” and “customer” refer to you as customer of the “Services”.
When We refer to the term “Services”in these Terms, we mean all products and services provided by us or our Affiliates, as applicable, that are (a) used by you, including, without limitation, products and services that are on a trial basis or otherwise free of charge or (b) ordered by you in your Account (as defined below). The Services may include products and services that provide both (a) platform services, including access to any application programming interface (“Wavix API”) and (b) where applicable, other services used in connection with the Wavix APIs.
PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OUR WEBSITE OR USING OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND EXHIBITS HERETO LIKE SERVICE REQUIREMENTS, PRIVACY POLICY ETC. DO NOT ACESS OUR WEBSITE OR USE OUR SERVICES IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS.
By accepting this Agreement, you are stating that you have the authority to enter this Agreement on behalf of your company, organization, or another legal entity (“Entity”) and to bind the Entity to this Agreement. You also represent and warrant that you are authorized to grant all permissions and licenses required by the Terms. Your enrollment is dependent on the completion and submission of the online application and acceptance of the Terms as outlined in the document. We reserve the right to reject your application at our own discretion.
Permitted Use. You agree to use our Services exclusively for the purposes permitted by the Terms and all applicable general practices, laws, and regulations within relevant jurisdictions of the locality where you reside and the locality where Wavix operates.
Prohibited Use. You shall be precluded from doing any of following:
- using the Services for any fraudulent activity whatsoever;
- transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
- using the Services in any manner that causes a telecom carrier to complain that your use materially violates the following: applicable laws, industry standards; or telecommunications provider guidelines
- engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction
- using the Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.
-using the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
- using the Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law
- using the Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of Services to Customer and/or Customer phone numbers.
- using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
- using the Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law
- using the Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.
The list prohibited activities may be supplemented by the appropriate Exhibit to these Terms.
Wavix is not held legally responsible for any violation of laws, regulations, or rules committed by you or a third party at your behest. You are responsible for maintaining legal compliance of your behavior when using our Services.
Wavix platform provides You at your own choice two types of account: FLEX and FLEX PRO
FLEX account does not allow You to use some services, such as 2FA, Campaign Builder, AMD and Number validator which are accessible only for FLEX PRO account.
FLEX PRO requires from you Minimum Monthly Commitment in amount of US$ 250.00 and allows You to use full package of Services.
In case You are subscribed with account and You do not fulfill Minimum Monthly Commitment the positive difference between Minimum Monthly Commitment and your monthly spent will be directly debited from your positive balance.
To use the Services, you will be asked to create an account. As part of the account creation process we may require certain complete and accurate information from you to use our services. You warrant that this information is true, accurate, current, and complete and will be so during your use of the Services. You indemnify and hold Wavix harmless against any liability resulting from omission or misrepresentation of information submitted to us. You must notify us immediately of any changes in the information provided.
If you breach these Terms, including, without limitation, your payment obligations in Section (Fees and Payments), you will be suspended to use your current account and will be prohibited from creating new accounts until you remedy such breach in full.
You must keep confidential your username, customer ID, password, API Key, or any additional authentication credential. You are responsible for payments incurred by your use of our products and services. You are liable for loss of costs or damage sustained by us or any third party as a result of your actions or any use or misuse of your credentials. You must comply with our investigations of unauthorized use of your account.
Wavix provides the Customer with a personal, limited, non-transferable, revocable, and non-exclusive license to allow you to use our Services.
The customer shall not sublicense, copy, create derivative works or modify the Services offered by Wavix. The source code and password protection mechanisms are strictly protected from copying and meddling with.
Certain portions of the services and software may need additional terms and conditions to be accepted by the customer, as required by third-party providers of interfaced communication channels. Customers must comply with these additional terms and conditions as required by the third-party service interfacing with our products.
The Customer is responsible for their own required equipment, configurations, updates, and other computer system modifications required for compatibility with our Services. Wavix is not under obligation to provide firmware licenses or upgrades.
Fees and Billing For the use of services the customer will be charged with service fees. Unless otherwise set forth by separate Master Service Agreement the Services are rendered on prepayment basis. You must continuously maintain your account balance to be positive. Should account balance reaches zero, Wavix may suspend the Services under these Terms.
All billing shall be made in U.S. dollars. All service fees are charged in accordance with data of Wavix billing system. Payments of service fees shall be made in accordance with issued invoices.
In accordance with relevant services requests, fee schedules and policies, the customer will be responsible for any one-time, recurring, and optional fees for each service within the respective service term. The particular service fees are available at the customer account.
Wavix may at its own discretion modify the service fees at any time with prior notice of the customer. Updated service fees shall be effective on the fifth (5) calendar day of notice. If updated service fees listed in the relevant notice are not agreed by the customer, the customer shall cease to use Services within 5 (five) calendar days of such notice.
Surcharges. In case your breach and/or any attempt to circumvent these Terms and/or applicable law requirements causes any communication surcharges Wavix may impose the payment of such surcharges on you.
Security. To secure payments of the Services, governmental or contractual fines, sanctions of any type, surcharges etc. which may be imposed on Wavix for the reason of your use of the services Wavix may require from you the payment of one-off security which shall be lesser of a) US$ 50 000.00 or b) total monthly spent for the last two months. In case of termination of the services Wavix will refund the security less any fines and surcharges imposed on Wavix within 12 (twelve) consecutive months.
Chargeback. If we receive any chargebacks from your payment instrument we may immediately suspend and/or terminate the services with no refund provided. In any case we reserve the right to impose the additional fee for processing of each dispute received. PayPal chargeback fee shall be US $15 and credit/debit card chargeback fee shall be US $49.
If you have questions regarding to any service charge which is unclear to you, you are encouraged to send information requests about any charges to billing@wavix.com.
Wavix will refund, a positive balance on the customer account, minus the minimum monthly commitment (if any) and minus any incurred fees for the Services provided under these Terms within 30 (thirty) calendar days from appearance of the relevant request.
This Section can be supplement by the relevant Exhibit which regulates of particular service provision.
In accordance with relevant services requests, fee schedules and policies, the customer will be responsible for any one-time, recurring, and optional fees for each service within the respective service term. The particular service fees are available at the customer account.
Warranties of the Customer
You warrant that:
a. you have full authority and you have received all necessary corporate approvals, consents, permissions from your corporate bodies if any to enter into these Terms
b. you are not under any international sanctions, governmental prohibition of any form whatsoever which prevents Wavix to provide you with any service.
c. prior to the start to use of the Services you received all necessary licenses, permissions or consents from any governmental agency, person of any kind whatsoever, or other if such licenses, permissions or consents are required under applicable law, without limitation these licenses, permissions or consents may concern the personal data collection and processing, call recording and its further use or other.
Availability and Interruption of the Service and Limitation of Liability
As we strive to provide a high standard for our website, products, and services, and continuously improve them, you acknowledge and agree that the availability of such services and services, and your ability to access and/or use the products or services may be affected by unforeseen circumstances. We cannot therefore guarantee that the website, products, and services will be available at all times without technical interruptions or events beyond our reasonable control.
Wavix shall not hold liability to the customer or other party for damages (special, punitive, consequential, incidental, or indirect) which includes damages or costs incurred as result of loss of time, loss of data, loss of profits or revenue, or loss of use of service. Wavix is also in no way liable for costs and damages connected to the acquisition of substitute equipment or services and related inconveniences.
WAVIX PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. NEITHER WAVIX NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND (c) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WAVIX AND ITS AFFILIATES DISCLAIM ANY AND ALL SUCH WARRANTIES.
IN NO EVENT SHALL WAVIX OR ITS AFFILIATES’ AGGREGATE LIABILITY TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS, COSTS, LOSSES, DAMAGES (INCLUDING ANY INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES), JUDGMENTS, FINES, PENALTIES, INTEREST, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF ANY INVESTIGATION, DEFENSE, AND SETTLEMENT) FOR ANY REASON WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, EXCEED THE TOTAL FEES PAID BY CUSTOMER TO WAVIX PURSUANT TO THIS AGREEMENT DURING THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE PARTIES AGREE THAT THE ABOVE ALLOCATION OF RISK IS OF THE ESSENCE OF THEIR AGREEMENT, WITHOUT WHICH THEY WOULD NOT HAVE CONTRACTED.
Indemnity
You (the “Indemnifying Party”) shall fully defend, indemnify and hold harmless Wavix, its respective affiliates, officers, agents, employees, shareholders, representatives and permitted successors and assigns (each an “Indemnified Parties”) against any and all claims, losses, actions, suits, demands, obligations, settlements, judgments, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and, including without limitation, costs of any kind or amount whatsoever (each, a “Claim”), suffered or incurred by any such Indemnified Party, whether in connection with a suit or action instituted by a third party or otherwise, to the extent arising from, relating to or growing out of (a) your use of the Services, (b) any breach of any warranty contained in these Terms, (c) any breach of any covenant or other obligation or duty under these Terms or under applicable law (d) information provided by you to Wavix is untrue, misleading or in somehow inaccurate. This section shall remain in full force and effect even after expiration or termination of these Terms.
Confidentiality
Proprietary and sensitive information marked “Confidential” or otherwise designated as proprietary or confidential relating to business, finances, technology, or customer information that is disclosed by negotiating parties or in other interactions within the effective term of this Agreement will remain the property of the rightsholder.
Additionally, you are required to keep confidential any information that you acquire while using our Services, unless that information is in the public domain, or disclosure is required by law or your professional advisors for the purpose of performance and under the mandatory legal obligation of such advisors not to disclose such confidential information.
Confidential Information will include, but not be limited to, all parties’ customer information. This information will not be disclosed to third parties unless the law requires or that party’s attorneys, accountants and other advisors prove to be reasonably necessary. Exceptions to Confidential Information include information known to the parties before the start of using of Services, or disclosed by a source with no obligation of confidentiality to the disclosing party, becomes public knowledge through means other than a breach of Agreement, and as required by law with timely written notice provided to the disclosing party and full cooperation of the disclosing party to minimize the release of this information.
Wavix may have access to the customer’s website traffic, visitors, and usage traffic in the process of on-boarding of the customer to Wavix platform which may include identification information. Such data are confidential and Wavix will not use it for any purpose other than on-boarding the of customer. No confidential information will be disclosed to any third party without a written authorization by the Customer.
Intellectual Property Rights
Wavix owns and holds licenses to its “Content,” including, but not limited to, all text, images, photographs, logos, graphics, icons, sounds, music, artworks, software, user interfaces, computer code, design, structure, “look and feel” of the products, services and websites, Content arrangement, and color schemes present on our websites or provided to the customer. This Content is protected by trademark, copyright, trade secret, other intellectual property laws and unfair competition laws and regulations.
The Content, in part or whole, is not to be copied, reproduced, publicly displayed or performed, translated, made derivative works of, or re-published without the express written permission of Wavix for any medium of distribution.
The only allowed cases for displaying, copying, or downloading the Content is for your personal and non-commercial use. No copyright notices may be removed from the Content, no modifications to Content are made, and no Content may be posted on a networked computer.
You grant us the right to use your name, logo, and a description of your use case to refer to you on our website, earnings releases and calls, or marketing or promotional materials, subject to your standard trademark usage guidelines that you expressly provide to us.
These Terms will commence on the date they are accepted by you and continue for indefinite period with amendments made by Wavix time to time until terminated in accordance this Section “Termination”
Wavix at its sole discretion may amend these Terms time to time with giving the Customer relevant notice.
For Convenience. Either You or Wavix may terminate these Terms and close all of your accounts for any reason upon thirty (30) days written notice to the other party.
For Reason. We may terminate these Terms, any service and close any of your customer accounts with immediate effect in any of following occurs (a) we have a reasonable suspicion that carry out the prohibited use in accordance with these Terms and Exhibit hereto (b) we found out that your data which you provided us with for creation of customer account in any form are false or misleading (c) you breached any warranties which you had given under these Terms (d) we received any chargeback from your payment instrument, (e) you commit any other material breach of these Terms not covered by clauses (a)- (d) and fail to remedy such material breach within ten (10) days of the date we provide written notice of such material breach to you
You may terminate these Terms if we commit any material breach of these Terms and fail to remedy such material breach within ten (10) days of the date you provide us with notice of such material breach.
Governing Law, Dispute resolution
Surcharges. In case your breach and/or any attempt to circumvent these Terms and/or applicable law requirements causes any communication surcharges Wavix may impose the payment of such surcharges on you.
Governing Law and Dispute resolution. Unless unenforceable under applicable law, these Terms will be governed by and interpreted in accordance with the laws of the applicable state or country identified in schedule below, without regard to conflicts of laws and principles that would cause the laws of another jurisdiction to apply. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
If you have a dispute with Wavix, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising out of or in relation to this Agreement shall be finally settled in binding arbitration, on an individual basis, at the venue under the rules in accordance with schedule below:
If you are domiciled in USA or Canada
If you are domiciled outside of USA or Canada
State of New York
Singapore
in New York City by sole arbitrator under JAMS’ Comprehensive Arbitration Rules and Procedures.
SIAC (Singapore International Arbitration Center) in accordance with its Rules.
The arbitration will be conducted by a single, neutral arbitrator in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any court.
Waiver of Class Action. Each party agrees that any disputes between the parties must be brought against each other on an individual basis only. That means neither party can bring a dispute as a plaintiff or class member in a class action, consolidated action, or representative action. An arbitrator cannot combine more than one person’s or entity’s Disputes into a single case and cannot preside over any consolidated class or representative proceeding. Each party agrees the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought a Dispute and cannot impact or otherwise be used to decide Disputes with other people or entities, including other Wavix customers.
If a court decides that any provision of this subsection Waiver of Class Action” is invalid or unenforceable, that provision shall be severed and the other parts of this subsection shall still apply. In any case, the remainder of these Terms, will continue to apply.
All notices under these Terms will be provided by following means:
•To Wavix via email to support@wavix.com.
•To you via customer account and/or your email address you designated at creation of your customer account
No failure, delay, or default in performance of any obligation of a party will constitute an event of default or breach of these Terms to the extent that such failure to perform, delay, or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil, or military authority, fire, strike, lockout, or other labor dispute, flood, terrorist act, war, riot, theft, earthquake, or other natural disaster. The party affected by such cause will take all reasonable actions to minimize the consequences of such cause.
Assignment
Wavix may at any time assign its rights and obligations under these Terms to its Affiliates, in whole or in part, without notice to Customer. Customer may not assign these Terms and his customer account without prior, written consent from Wavix. These Terms will inure to the benefit of and bind Customer and Wavix and respective personal and legal representatives, successors and permitted assignees.
Integration
Any Exhibit, Service Requirements, Service Documentation, Privacy Policy to these Terms shall be deemed to be integral parts of these Terms
The provisions of these Terms are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. If any portion of this Terms is invalid or unenforceable, such portion(s) shall be limited or excluded from this Agreement to the minimum extent required to preserve the intent of these Terms, and the balance of these Terms shall remain in full force and effect.
DID: Direct Inward Dialing, refers to a feature offered by communications companies for use with their customers’ PBX system, whereby a range of telephone numbers associated with one or more phone lines is allocated to Customer. DID allows to assign personal number (DID number), without requiring a separate physical phone line, for each, to connect to the PBX.
E164 Format: Refers to international telephone numbering plan that ensures proper routing of unique numbers between different countries. This is what allows phone calls and text messages being correctly routed to individual phones in different countries. E.164 numbers are formatted [+] [country code] [subscriber number including area code] and can have a maximum of fifteen digits.
Inbound CLI: Refers to Inbound Calling Line Identity, a method of identifying a business or an individual by their number of origin and, in some cases, the name of the person or organization that is associated with the number.
Inbound Routes: Module of a functional PBX that determines how incoming calls are handled and how to send these calls to destination based on the callers’ actions. When you configure inbound routes, it will determine the phone numbers that outside callers have dialed, and then indicates which line, voicemail, or other extension the caller should be directed to.
IPPBX: The preferred flavor of modern PBX, switching calls between a VoIP user and a traditional phone user or between two standard phone users. Not only are IP-PBX systems feature-rich, but they also don’t require separate networks for voice and data communications. With IP-PBX, a single user has access to the internet, VoIP communications, and traditional phone communications through one line.
ITSP: The Internet Telephony Service Provider that offers digital telecommunications services based on VoIP that are provisioned via Internet.
LEA request: any law enforcement agencies request.
NPA-NXX Rate Deck: This is elastic rate deck for calls to US, Canadian and Caribbean destinations are billed by zone under NANP.
NANP: Refers to the North American Numbering Plan which governs the management of telephone numbers for the PSTNs in North America (Canada, USA, Caribbean, and territories) within the international country code prefix ‘+1’. North American phone numbers are in the format (where N is any digit from 2-9, and X from 0-9): NPA-NXX-XXXX. Specifically: NPA identifies the 3-digit Numbering Plan Area (Area Code), NXX identifies the Central Office (also known as Exchange) within the NPA and XXXX identifies the Station within the NXX. The rate deck is a spreadsheet of the costs for each number broken down by location.
Parties: Customer and Wavix.
PayPal: PayPal Holdings, Inc. - the company operating a worldwide online payments system (https://www.paypal.com).
PBX System: Private Branch Exchange is a private telephone network used within a company or organization. PBXs offer key voice features that companies need to run daily operations. Such features include: extension dialing, business hour settings to route calls off hours, customer waiting queues, music on hold, and call conferencing that are often not available on residential telephone or cell phone services.
PIN-Based Platform: A calling card platform. In PIN-based platforms, the user must enter a Personal Identification Number (PIN) once system answers the call to the access number. If the authentication of the PIN is successful, the system announces the available balance and prompts the user to enter the destination number.
PSTN: Publicly Switched Telephone Network is the network that carries your voice calls when you call from a landline or cell phone. It refers to the worldwide network of voice-carrying telephone infrastructure, including privately-owned and government-owned infrastructure.
Reseller: Refers to the Customer that resells the Services under this Exhibit to third parties.
SIP: Session Initiation Protocol is a standardized communications protocol that has been widely adopted for managing multimedia communication sessions for voice and video calls. SIP may be used to establish connectivity between your communications infrastructures such as an on-premise or virtual PBX and Wavix platform.
SIP Channel: A SIP Channel is a line within the SIP trunk. More specifically, it is a virtual telephone line that is carried within the virtual trunk. It operates in much the same way the physical phone line does in the physical trunk of old. The number of SIP channels within a trunk determine how many simultaneous calls you can make or receive.
SIP Device: This device uses the SIP protocol to set up and manage phone calls. Can be a physical device or a software application that processes calls.
SIP URI Scheme: The Uniform Resource Identifier (URI) addressing scheme for SIP multimedia communications protocol.
ASR: Refers to a percentage of answered telephone calls with respect to the total call volume. “Sub-40%” refers to under 40 percent answered calls.
ACD: Average call duration (ACD) is an average length of calls. Average Call Duration (ACD) is calculated by taking the sum of billable seconds (billable) of answered calls and dividing it by the number of these answered calls. “Sub-60s” means that ACD is under 60 seconds.
SIP Trunk: Refers to a specific technology through which traditional, analog phone lines can be connected to systems utilizing VoIP technology to place calls online.
SIP Device: This device uses the SIP protocol to set up and manage phone calls. Can be a physical device or a software application that processes calls.
SIP URI Scheme: The Uniform Resource Identifier (URI) addressing scheme for SIP multimedia communications protocol.
Sub-40% ASR: Refers to a percentage of answered telephone calls with respect to the total call volume. “Sub-40%” refers to under 40 percent answered calls.
Sub-60s ACD: Average call duration (ACD) is an average length of calls. Average Call Duration (ACD) is calculated by taking the sum of billable seconds (billable) of answered calls and dividing it by the number of these answered calls. “Sub-60s” means that ACD is under 60 seconds.
URI: Refers to Uniform Resource Identifier which is a unique sequence of characters that identifies a logical or physical resource used by web technologies.
VoIP: Voice over Internet Protocol is a method and group of technologies for the delivery of voice communications and multimedia sessions over Internet Protocol (IP) networks, such as the Internet.
2.1 Wavix agrees to render the Services and Customer agrees to purchase the Services under this Exhibit.
3.1. For providing Customer with DID numbers in accordance with applicable legislation and/or telecom carriers requirements Customer may be required to provide Wavix with certain identification documents and data. Wavix will use such document and data only to the extent necessary to provide the services under this Exhibit and to comply with applicable laws and regulations
3.2. Each requested DID number shall be used at least within 6(six) month period. If Customer cancels the DID number before expiration of 6(six) month period the DID Number will be charged with service fee for the rest of such period up to its expiration.
4.1 The Wavix reserves the right to charge the Customer with administrative and special fees which fall out of general service fees.
4.2. Processing of any LEA request is billed at the rate not less than US $200.00 per request.
4.3. Any port-out or port-out attempt of an Area Code 212 number will incur a fee of US $500 per 212 number. This restriction is passed from the supplying network and is the supplying network policy.
4.4. Porting requests for UK numbers are subject to £40 (British Pounds) fee per each number ported away, payable by Customer upon receipt of a porting request.
4.5. The flat rate of US48 does not apply to dialer. Accounts that send more than 10 percent of short calls OR have sub-60s ACD OR have sub-40% ASR must use the dialer tier. Presence of any of the metrics above, as recorded over 60-minute interval, will result in rate deck changed to short duration dialer, which is an NPA-NXX based routing list starting at 0.009/min.
4.6. Callback-capable DID numbers incur monthly charges of no less than US $50 per DID number per month.
4.7. Customer agrees to the US $10 administrative and handling charge per DID number in the event that any required paperwork is missing.
5.1. Customer agrees that there are no refunds available due to the inability to receive calls using a SIP URI Scheme. Customer confirms that Customer fully understands the terminology used, as well as the concept of SIP URI and Inbound Routes. If Customer feels that Customer is unable to operate Customer’s system, as specified, Customer should contact a qualified VoIP engineer for assistance. Wavix does not offer Customer gateway troubleshooting, IT training, or local equipment setup and/or repairs. There is no inbound SIP Address available to receive inbound calls from the public internet and external companies (no user@wavix gateway inbound URI calls are technically possible). Customer agrees that Customer fully understands this limitation.
5.2. Certain countries restrict calling card and PIN-based systems usage. Consult technical support prior to purchasing DID numbers on any Services under these Exhibit from foreign countries. In the event that Customer’s intended usage is prohibited or not supported, and Customer has not contacted Wavix for clarification prior to completing Customer purchase, no refunds or credits will be processed.
By signing up for Services under this Exhibit, Customer agrees to be fully responsible for any negative balance amounts resulting from system breach and unauthorized use. Customer accepts unconditionally the responsibility for termination charges resulting from access to Customer account credentials, including calls initiated as a result of unauthorized access to Customer IPBPX or other SIP device, and including all malicious and runaway traffic.
Wavix agrees to provide Services under these Exhibit so long as Customer abides by the Terms.
8.1. This is not a telephone service: Wavix services offered do not constitute provision of common carrier telecommunications services. Wavix is only a wholesale VoIP hub for Customers to buy the services for Customer’s own use or resale. As such, Wavix receives voice calls in the form of IP data packets routed via the Internet and redirects Customer IP data to the underlying vendors participating.
8.2. Wavix is not responsible for and has no control over the reliability, safety or legality of services provided to Customers by other Customers or Resellers (although best effort is made to monitor the quality of the Services rendered under these Exhibit).
8.3. Customer agrees it is leasing the DID number and is not buying the DID number. Customer acquires no ownership interest but may have exclusive use of the number for as long as Customer complies with these Exhibit.
8.4. Wavix will provide full assistance on any port outs in the United States and Canadian non-exhausted areas. Wavix North American footprint is fully portable at no charge, with the exception of 212 area code.
9.1. Calls Resulting from unauthorized access to Customer SIP Endpoint or IPPBX: Customer is fully responsible for all calls made using the SIP account credentials, including unauthorized calls made by third parties. To protect Customers from runaway costs, should a breach occur on Customer end, Wavix implements an additional layer of security by placing an initial default channel and maximum price per minute limitations on all accounts:
- limit two simultaneous outgoing channels per customer;
- destinations below US $0.18 per minute only; and
- 60 minutes maximum call duration.
9.2. Requesting additional outbound channels and changing limits: Customers can request these limits be raised or lowered. Please contact Wavix at: support@wavix.com to request a change to Customer channel, cost and duration limits. Include Customer Website login email, SIP account number and a brief description of Customer’s new requirements. Calls that begin while Customer Account Balance is positive may be billed after the connection terminates. Under the circumstances of IPPBX system breach, this will result in Customer Account balance becoming negative. This negative balance amount is calculated as four times the sum of Customer capacity multiplied by maximum call time, for example 60x0.18x2x4= -US $86.40.
9.3. Inbound CLI: By signing up, Customer agrees to receive Caller ID information as received from the DID vendor. CLI may contain extra digits such as 00 or have duplicate country codes added. For example, U.S./Canada origination is using a 10-digit format: 2125551212. Customer will need to add a leading 1 if Customer requires E164 format. Other countries may use localized CLI such as 02-123-456. By signing up, Customer accepts this Exhibit and confirms that Customer VoIP endpoint has the ability to manipulate CLI on Customer’s end. Under no circumstances will Wavix accept any claims regarding this behavior, including, but not limited to North American or EU numbers or any other service areas. Customer fully agrees that CLI is to be manipulated on Customer PBX end at all times.
9.4. Fax and Modem Calls: Wavix does not guarantee the service of modems and faxes over the VoIP system. Some devices work fine communicating with this type of service (inbound), while others do not. T38 support is not included by default and may be entirely unavailable. DID VoIP service is not fully compatible with fax machines, credit card machines, and security systems. Customer is responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the VoIP services Customer provisions. Customer acknowledges and understands that VoIP DID service is not compatible with many types of non-voice communications equipment, including but not limited to, some home and office security systems that are set up to make automatic phone calls, emergency phones in elevators, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems and medical monitoring devices.
10.1. The Customer shall not use unallocated numbers as Caller ID. In case such use constitutes additional surcharges from telecom carriers such surcharges may be imposed on the Customer.
10.2. The Services provided by Wavix under these Exhibit may not be used for any type of mass dialing, predictive dialing, telemarketing or any other automated list dialing. Compliant North American opt-in dialer is available using at full NPA-NXX rate deck, billed 30/6. Callback usage is generally prohibited, but may be offered in limited number of countries, subject to carrier approval. Sending CLI belonging to Wavix vendors through non-Wavix systems, while receiving incoming calls via Wavix facilities, is prohibited. DTMF is unavailable and calling card or other PIN-based platforms are not allowed in Malaysia, Colombia, Russia, Greece, Panama, Malta, Croatia and Bahrain. Service is not available in India, Nepal, Pakistan, Sri-Lanka, Albania, Autonomous Province of Kosovo, Algeria, Tunisia, Morocco, Egypt and Bangladesh. All usage and payments from/to these territories are technically unavailable. Customer accounts that show attempts to circumvent any and all of these restrictions or having links to any of these countries will be immediately terminated without warning or the right to any refund. Receiving 1 (one) complaint from law enforcement agencies regarding Customer activities may result in immediate Customer account termination. Customer agrees that no warnings will be issued by Wavix, and no refunds will be provided by Wavix in the event of fraudulent or prohibited usage.
Wavix endeavors to provide the Customer with services in accordance with best industry standards, however notwithstanding this, Wavix is not obliged to provide the Customer with any particular service. Wavix may also adjust any particular service if this is required for regulatory, statutory or legal reasons, and in such instance shall notify the Customer as soon as is reasonably practical.