JMV VOIP Specific Terms and Conditions
To be read in conjunction with the main JMV Solutions Ltd Terms & Conditions and any Manged Service Contract.
These conditions supersede any references to VOIP in the main Services Terms & Conditions document.
a) VOIP stands for Voice over Internet Protocol. It is a service that relies upon the internet, which, unless provided by JMV Solutions Ltd, is out of the control of JMV Solutions Ltd. Under normal circumstances the service will to the best of its abilities, provide a reliable and high quality communications path; however, the overall reliability of the circuit cannot be guaranteed.
By using the Services of JMV Solutions Ltd you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy, and any other policies. The following terms and conditions shall apply to all Subscribers using to the JMV Solutions Ltd Voice (VOIP) Service.
This Agreement is part of and shall be incorporated into the Acceptable Use Policy.
b) In utilizing the JMV Solutions Ltd VOIP Service, the Subscriber agrees to adhere to the terms and conditions of the Acceptable Use Policy, the main business Terms and Conditions and this Agreement as JMV Solutions Ltd may modify it from time to time.
c) Should any inconsistency or conflict arise between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall prevail.
2.) 999 & Emergency Services Disclosure
a) 999 emergency services calls can be completed on the VOIP system. JMV Solutions Ltd populate your details as emergency contact details on the VOIP System as part of the setup process.
b) If you need to have a reliable 999 call service in your building then it is recommended that you have additional provisions in place to make these calls.
c) VOIP phones and adapters do not work without power. In the event of a power outage, your phone service will not work without you providing the electricity locally to power the equipment.
a) VOIP service is not forcibly regulated by OFCOM as a traditional telecommunications service. This service is subject to different regulatory guidelines than other telecommunications services.
b) Events beyond our control may affect your service, including power outages, fluctuations in internet connectivity and outages or issues with upstream providers, etc.
c) This service does not support operator assisted calling, return calls, third party billing or calling card calls.
d) You acknowledge that our service may not be compatible with all non-voice communications equipment, including, but not limited to home security devices, satellite TV systems, fax machines, modems, medical equipment, etc.
e) By subscribing to the JMV Solutions Ltd service, you waive all claims against interference or disruption of these services and equipment. We do not guarantee the service of modems and faxes over VOIP. Some devices may function correctly, while others may not.
a) JMV Solutions Ltd retains ownership of all Leased VOIP devices during the contract period. In the event of early service or contract termination, you will be required to return equipment to the JMV Solutions Ltd Devon office within 30 days.
b) Failure to return any leased hardware will result in you being charged the full RRP of each device.
a) Billing is done once per month electronically; full payment is due by the last business day of the month. Payment to be made via Direct Debit
b) We will only give account information to the registered account holder. Please add any third party’s name to the application if you want them to administer the account in any way.
c) New account holders may be required to pre pay for VOIP call charges until such time that a positive credit history is accrued.
d) Payment Policies and Terms: Payment shall be due to JMV Solutions Ltd when the invoice is received. A late payment fee shall be assessed on any account not paid by the last business day of the month.
e) Accounts unpaid for thirty (30) or more days shall be classed delinquent. Delinquent accounts shall be placed on hold and services to the Subscriber shall be suspended until the account is paid in full. For any Subscribers’ account that has been placed on suspended service, there shall be due a £39 + VAT reconnection charge to reactivate Subscribers Services after the arrearage has been paid.
f) Should any balance remain unpaid as agreed, the undersigned agrees to pay applicable collection fees. In the event of legal action to collect the unpaid balance, the undersigned further aggress to pay court costs and reasonable legal fees.
g) A £5.00 + VAT fee will be added to the Subscriber account in the event of any failed Direct Debit.
6.) Minute Bundles and Call Charges
a) Call charges are quoted without VAT.
b) Top up, chat packs and call plans are valid for the month in which they are purchased and will expire at the end of the calendar month.
c) Minute bundles are limited to two purchases of any type per calendar month per account.
d) Unlimited call plans cannot be used with any other products unless otherwise stated. Only one unlimited call plan can be applied to a single account. The offer cannot be used in conjunction with any other offers.
e) Unlimited call plans cover calls to 07, 01, 02 and 03 numbers only.
f) Unlimited call plans are limited by a fair usage policy. We reserve the right to review our offer and terms if call volumes regularly exceed 400 minutes per 24 hours.
g) Unlimited call plans cannot be used in call centre environments or on high volume, short duration calls (low ACD)
h) We reserve the right to restrict certain call destinations if we suspect unfair use, security compromise, fraudulent activity or any other reason.
i) By default all calls to NON UK numbers are barred.
a) Subscriber may terminate this Agreement by submitting a request for termination by email to [email protected]. Requests received prior to close of business shall have a termination date of the next business day. The full cost of any remaining contractual cost will be due prior to services being terminated.
b) Without prior notice, JMV Solutions Ltd may terminate this Agreement, account password, the account, or your use of the Services, for any reason, including, without limitation, if JMV Solutions Ltd, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due.
c) JMV Solutions Ltd may provide termination notice to you email to the address you provided for the Services. Termination by JMV Solutions Ltd for violation of JMV Solutions Ltd’s Acceptable Use Policy shall be subject to the termination fee as described below.
d) Standard contract length for leased VOIP equipment from JMV Solution Ltd is twelve (12) months, unless otherwise stated in your Managed Service Contract Agreements. A period of thirty (30) days notice is required to terminate the lease contract. Early termination is subject to a termination fee of £90 and settlement in full of all and any outstanding amounts.
8.) Additional Fees
a) In the event that special consultancy or networking is needed or requested by the Subscriber, labour will be billed at £59.00 + VAT per hour.
b) Late payment will incur an annual 8% above prevailing Bank of England interest rate on any outstanding balances, charged compound monthly.
c) Failure to collect payment by direct debit will incur a £5.00 re-processing fee added to the Subscriber account to cover our costs of recollection and administration.
9.) Equipment and Scope of Work
a) Unless purchased, all equipment will at all times remain the property of JMV Solutions Ltd. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party until the end of the lease or the equipment has been paid for outright.
b) Subscriber shall pay for the full cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased or assigned equipment or part thereof, together with any costs incurred by JMV Solutions Ltd in obtaining or attempting to obtain possession of any such equipment.
c) On expiration or termination of this Agreement, JMV Solutions Ltd will arrange to collect any equipment from the Subscriber. Subscriber will be billed retail prices for any/all equipment that cannot be collected when service is cancelled prematurely by either party.
The Subscriber shall defend, indemnify, save and hold JMV Solutions Ltd harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable legal fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter Liabilities) asserted against JMV Solutions Ltd, its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Subscriber, its agents, employees or assigns or any product distributed, offered or sold by the Subscriber, its agents, employees or assigns.
Security of Service
a) The Subscriber accepts total responsibility for the safety and security of their JMV Solutions Ltd account and any equipment they may use to access the JMV Solutions Ltd network and services. The Subscriber is required to instigate necessary safeguards to prevent unauthorised use of the JMV Solutions Ltd network and services. The Subscriber also accepts responsibility for all persons using their username and password to access the service, whether authorised or not.
b) JMV Solutions Ltd accepts no responsibility for any costs incurred by the Subscriber from unauthorised usage of the Subscriber’s account.
c) JMV Solutions Ltd reserves the right to check the security of the Subscriber’s equipment in order to help identify possible security vulnerabilities or if they believe that its Conditions of use are not being followed.
VOIP Acceptable Use Policy
You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with JMV Solutions ltd ability to provide high-quality Services to other customers, prevents or restricts other customers from using the Services, or damages any JMV Solutions ltd or other customers’ property. If JMV Solutions ltd finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, JMV Solutions ltd may at its sole discretion terminate Your Service and charge You any applicable fees for the Services used plus damages caused by Your improper use.
Prohibited uses include, but are not limited to:
a) Behaviour that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
b) Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes.
c) Harvesting or otherwise collecting information about others, including email addresses, without their consent.
d) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
e) Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
f) Transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties.
g) Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services.
h) Utilizing the Services in excess of what, in JMV Solutions ltd sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user.
i) Using the Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
j) Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Use Policy.
k) Using the Applications or Services to store PHI on a non-temporary basis.
You further understand and agree that:
a) You shall be solely liable for any transmissions sent and data stored through the Services under Your Account, including the content of any transmission sent and data stored through the Services under Your Account.
b) You will abide by all applicable JMV Solutions ltd policies, procedures, and agreements related to the Services.
c) You shall not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
d) Any agreements for service verbal, in writing or pertaining to free equipment will auto renew annually.
e) Your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
In addition, some of JMV Solutions ltd plans and other Services are offered on an “unlimited” basis. All unlimited plans:
a) May only be used for normal business use.
b) Are provided only for dialog between two individuals at one time per line.
c) Exclude international calling, which is available for an additional fee.
d) Are issued on a “one (1) user per line basis”, meaning that only one registered user may be assigned to use the Services for any one line.
Unlimited plans also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
a) Trunking or forwarding Your JMV Solutions ltd number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
b) Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously).
c) Bulk call-in lines (e.g., customer support or sales call centers, “hotlines”, 900 numbers, sports-line numbers, etc.).
d) Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
In addition, unusually high usage of the Services may impair JMV Solutions ltd ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case JMV Solutions ltd may suspend or terminate Your Account or, upon prior notice, convert Your Account to a metered calling plan that charges significantly higher usage rates.
JMV Solutions ltd reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.