"Bicom Telecom" is the assumed name or trading name of an offshore company that operates entirely offshore under licence for the purpose of promoting advanced internet technology services. To this purpose "Bicom Telecom" does from time to time engage the services of companies in one jurisdiction or another to promote its services including arrangement of payments and fiscal issues. At all times however this agreement remains between Bicom Telecom and the Customer. It should also be noted that except in details contained within that licence there is no other association with Bicom Telecom's licensors and providers of software.
End-User Service Agreement Terms & Conditions
Administration Password (AP): a sequence of numbers, code or computer program provided by us to you for you; to enter into the Software during its execution to enable you to use it; and to set up your use of the Software and the operation and use of Your Solution (including, but not limited to, dialling, adding credits, selecting call plans );
Agreement: means the contents laid here out below, including and above.
Company: means Bicom Telecom.
Commencement Date: is from the moment the Customer or a User uses or enjoys all or part of the Plan agreed to in the Contract.
Contract: means the terms and conditions between Bicom Telecom and the Customer.
Customer: means you.
Licence: This is the licence issued in the Republic of the Seychelles to use the Software offshore.
Licence Credits: This is the payment for credits of any additional Service to those included in the initial Licence for the purpose of permitting the Subscriber to use other services than those in the initial service, this includes but not exclusively numbers, dialling plans, call credits.
Licensor: the granter of the Licence.
Plan: The service plan as selected by the Subscriber when requesting the licence. This includes but not exclusively the lines and phone numbers as described on the Website.
Software: means any software programs and associated documentation used for the providing of the Service offshore.
Service: means any service made available by Bicom Telecom to The Customer or a User by means of the Licence of the Software. This includes but not exclusively the facility to make or receive a phone call using a suitably enabled broadband line.
Subscriber: means you the purchaser of the Licence.
Offshore: this means in a location or locations outside of the major trading nations including but not exclusively Canada, China, Japan, The European Union, The United States.
Term: means the term of the Agreement as specified by the Subscriber when placing the order.
User: means one of the Customer's employees or an individual under contract or by invitation to the Customer who has access to and use of the Software.
Website: this means www.BicomTelecom.com
Your Solution: means the output from and the usage of the Software.
This agreement ("Agreement") is between Bicom Telecom ("Company") and the user ("you, "user" or "Subscriber") of the Company's licence for software and enhanced Residential and/or Business information services ("Service"). This Agreement governs the terms and conditions of use and Service of the Licence provided by the Company to the Subscriber. By activating the Service, you acknowledge that you have read, understood and agree to each and every term of this Agreement, including but not limited to the use of the Licence, the Service provided, the non-availability of traditional emergency numbers (112, 911, E911, 999 and the like), billing, taxes, and termination of the licence, among others. Further, you represent that you are 18 years of age and able to enter into this Agreement and be bound by its terms, should for any reason you not be able to enter into this Agreement and be bound by its terms.
1. LICENCE FOR THE SOFTWARE
The term of this Agreement ("Term") begins on the date that the Company activates the Service and continues for the duration of the service period as defined by the service plan that is selected by the Subscriber ("Plan"). At the end of the current Term, the Term is automatically renewed under the same terms and conditions for a like term as the Term just ending, unless the Subscriber informs the Company at least ten (10) days prior to the end of the current Term, notification of Subscriber's intention to terminate the Licence. As such request of payment will be executed at least seven (7) days before the new Term resulting from renewal of the current Term. This notification may only take place by the Subscriber using the cancellation procedure provided in the Subscriber's Account Settings at the web site www.BicomTelecom.com. The Subscriber agrees to pay a non-refundable amount set forth in the Plan for the Service for the duration of the Term. Expiration of the Term does not alleviate the Subscriber of responsibility for paying all unpaid, accrued charges due hereunder. If the Subscriber chooses to terminate the Service before the end of the current Term, and provided Subscriber has properly terminated the Subscriber's account with the Company, then all amounts due Company by Subscriber shall be accelerated and immediately due and payable.
b. What you need
In order for us to provide the service you will need a suitably enabled broadband line in the UK which may be supplied by us or another provider, a broadband voice telephone adapter. You may buy this equipment from us, or other suppliers; and any other equipment, specified online at the address stated in the user guide, which is necessary to connect with the relevant broadband voice telephone adapter.
c. Use of Service
i. Business Use
To the extent applicable, the Service is provided to you as a business user. This means that you are not to share the Service with or resell or transfer the Service to any other person or entity for any purpose, without the express prior written permission of the Company. You agree that the Bicom Telecom Business Plan does not include nor grant the right to use the Service for telemarketing, continuous autodialing, facsimile broadcasting, conference calling for the selling of information services or other activities that are inconsistent with normal business usage patterns and that such use is deemed unauthorized use. Such unauthorized use of the Service will obligate you to pay the Company's higher rates for such service for all periods in which you use or have used the Service. Further, your unauthorized use of the Service, as defined above, will result in immediate termination of this Agreement and resulting damages due the Company.
ii. Residential Use
To the extent applicable, the Service is provided to you as a residential user only. This means that you are not authorized to use, in any manner, the Service for any commercial activities, profit-making or non-profit business, including but not limited to home office, business, sales, tele-commuting, tele-marketing, fax broadcast or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to share, resell or transfer the Service, your username or password to any other person or entity for any purpose, without the express prior written permission from the Company. You agree that your use of the Service for any commercial purpose will obligate you to pay the Company's rates for commercial service on account of all periods, including past periods, in which you use, or have used, the Service for commercial purposes. Further, your unauthorized use of the Service, as defined above, will result in immediate termination of this Agreement and resulting damages due Company.
iii. Software Use
To the extent applicable, the Company hereby grants you a limited, non-exclusive, personal, non-assignable license to download, install and use the software onto a computer for your sole use to install, interact with and utilize. The software may only be used in connection with the Services provided by the Company. The software is provided to you as a residential user only. This means that you are not authorized to use, in any manner, the software for any commercial activities, profit-making or non-profit business, including but not limited to home office, business, sales, tele-commuting, tele-marketing, fax broadcast or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to share, resell or transfer the software, your username or password to any other person or entity for any purpose, without the express prior written permission from the Company. You agree that your use of the software for any commercial purpose will obligate you to pay the Company's rates for commercial service on account of all periods, including past periods, in which you use, or have used, the software for commercial purposes. Further, your unauthorized use of the software, as defined above, will result in immediate termination of this Agreement and resulting damages due Company.
iv. Compliance with national laws such as but not exclusively Homeland Security Act (otherwise known as "The Patriot Act") or Regulation of Investigatory Powers (RIP) Act
To the extent applicable, your use of the Service shall at all times comply with the provisions of the laws of your country or that in which you use the Service, as they may be amended from time to time. The Company shall comply with any and all valid requests for information from any government and/or regulatory agency made pursuant to those laws. In so much as the Company is offshore it believes without prejudice that it is not within the jurisdiction of governments other than that where The Company is registered and that the activities of The Company do not fall within the remit of the legislation and laws of these governments. This said The Company expects all Subscribers to determine themselves the legality of their actions.
If you want to connect equipment to the network over which the service is provided other than as set out in the user guide, you must get our permission. You agree not to connect equipment to the network over which the service is provided that may harm the network or other customers' equipment. If you do, you must disconnect it immediately, or allow us to do so at your expense.
d. Lawful Use of Service
You agree to use the Service only for lawful purposes. This means that you agree not to use the Service for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national, international law or principals of humanity. The Company reserves the right to terminate your Service immediately, resulting in the acceleration of all amounts due Company through the Term of this Agreement, as extended, without advance notice if you violate the above restriction. Further, you will be liable to Company and other parties that are determined to be harmed from your unauthorized use of the Service for damages that result from your use, along with any and all liability that results from your unauthorized use of the Service. You may not, nor may you allow others, directly or indirectly, to attempt to or actually: (a) disrupt, disable, impair or interfere with, overburden, alter or modify the Service or restrict or inhibit in any way any other visitor or user from accessing or using the Service, including, without limitation, by means of "hacking," "cracking" or defacing any portion of the Service, the Materials and/or any activities being conducted on or through the Service; (b) transmit any software, device, routine or other materials that contain any virus, worm, time bomb, "Trojan horse," or other harmful, destructive or disruptive component; (c) use any robot, spider, site search/retrieval application, or other manual or automated device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (d) collect or harvest any information about other visitors or users of the Service and/or any of the Company's employees, officers, directors, partners, representatives, agents or Information Providers by any means including, but not limited to, those described in this Agreement. You may not, nor may you allow others, directly or indirectly, to obtain or attempt to obtain any materials or information through any means not made expressly available through the Service. Without limiting the Company's rights under any other provision hereof, this Agreement will be immediately terminated if any User is found to have breached any provision of this Agreement and VIOLATORS WILL BE PROSECUTED, BOTH CRIMINALLY AND CIVILLY, TO THE FULLEST EXTENT OF APPLICABLE LAW.
e. Loss of Service Due to Power Failure
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply; the Service will not function until power is restored. A power failure or disruption may require the Subscriber to reset or reconfigure equipment prior to utilizing the Service. Subscriber understands and agrees that Company shall not incur liability for Subscriber's loss of service due to an interruption or failure of power. Power disruptions or failures will also prevent dialling to emergency service numbers.
f. Theft of Service
g. Password Security
h. Telephone Numbers
i. All phone numbers are issued under the terms of the Licence issued to the Subscriber in the Republic of the Seychelles
ii. Number Transfer on Service Termination
Upon your termination of the Service, the Company may arrange for the transfer of the telephone number, used in connection with the Service, provided by you at the time you signed up for the Service, provided: (i) your account has been properly terminated by you; (ii) your account with the Company is completely current including payment for all amounts due Company in full; (iii) you request the transfer upon terminating your account in accordance with the procedures set forth by the Company; and (iv) you have not defaulted in any of your responsibilities or obligations to the Company.
iii. Occasionally, for operational reasons, we may have to change the code or your phone number, or interrupt the service. We will restore the service, if interrupted, as quickly as we can.
2. EMERGENCY SERVICES - 112, 911, 999 or other DIALING
a. Non-Availability of Traditional 911 or E911 Dialling Service:
You acknowledge and agree that the Service does NOT support traditional 112, 911, E911, 999 or any other form of quick dial access to emergency services. The Company does NOT offer emergency-type service to Bicom Telecom Subscribers, at the present time.
3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
Prior to the initiation of the Service, you shall provide Company with a valid credit or debit card ("primary card"). After initiation of service, you shall provide the company with optional back-up credit or debit card ("secondary card") with information for billing of the Service in the "My Account" section of the website. If the primary card you provided Company expires, is cancelled, lost or for any reason whatsoever is not valid, Company shall be authorized, without the necessity of any additional writing or notice, to charge or debit the secondary card provided to Company. Further, you must advise the Company immediately if you are aware of such expiration, cancellation or loss of either card and provide the Company with additional replacement credit or debit card information. Company will bill all charges to your credit or debit card, including but not limited to: activation fees, Service fees, domestic and international usage charges, among others according to the Plan elected by Subscriber. The Company reserves the right to bill at more frequent intervals if the amount due at any time exceeds $30.00 U.S, ?20.00 or €30.00. Subscriber agrees to pay Company at such modified intervals in accordance with Company's procedures at the time of such billing.
i. The Company only accepts payments for the Licence by credit or debit card or transfer bywww.ecash4.net to account 1000000189 for Annual or Lifetime Subscriptions or in the case of Licence Credits should the amount be not less than $150, ?100 or €150. Your use of the Service authorizes the Company to charge the credit or debit card account number on file with the Company for the purpose of renewing the licence as described elsewhere, adding additional Licence Credits or other.
ii. Licence Credits for additional Services such as phone calls will be pre-paid. The Subscriber will also be required to maintain a minimum balance. If payment is by Credit Card then this minimum balance will be $5,?5,€5. The authority to charge the credit or debit card is as mentioned in Clause 3bi. Should the Subscriber pay by www.ecash4.net then payment should be not less than $40,?25 or €40. The Subscriber is responsible for this, should this not be maintained then the associated Service will temporarily be suspended.
iii. This authorization will remain valid until 30 days after the Company receives your written notice terminating the Company's authority to charge your credit or debit card except in the event of any unpaid monies owed or additional charges for reasons of tax as described in clause 3e in which case it remains valid until these sums have been paid.
iv. The Company may terminate your Service at any time in Company's sole discretion. Company may also terminate your Service if any charge to your credit or debit card on file with the Company is declined or in case of any other non-payment of account charges.
v. Termination of Subscriber's Service by Company as a result of declined payment by Subscriber's credit or debit card company will leave you FULLY LIABLE to the Company for ALL CHARGES DUE COMPANY through the end of the Term and for amounts incurred by the Company as a result of your non-payment, including but not limited to collection costs and attorney's fees.
c. Billing Disputes
You must notify the Company in writing within 7 days after receiving your credit card or bank statement if you dispute any Company charges on that statement. If, for any reason whatsoever, Company is not in agreement with Subscriber's assertion The, Company may terminate this Agreement at such time as Company notifies Subscriber of Company's position, whereupon Company shall be released from any and all obligations and responsibilities under this Agreement.
d. Termination/Discontinuance of Service
The Company reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole and absolute discretion. If the Company discontinues providing the Service generally, or terminates your Service in its sole and absolute discretion without a stated reason, you will only be responsible for charges accrued through the date of termination. If your Service is terminated for a reason within your control, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the charges to the end of the current term, including without limitation unbilled charges and any and all other amounts due Company, all of which immediately become due and payable. If Company decides to reactivate your Service, the Company may require an activation fee to resume terminated or suspended Services.
Any applicable sales, use, excise, public utility, ad valorem (VAT) or other taxes, fees or charges imposed on the Company as a result of providing the Service will be billed to your account today or at any point in future. It is the opinion of Bicom Telecom that the licence that it offers is consumed offshore and is not subject to the taxes of major trading nations such as but not exclusively Canada, China, Japan, The European Union or The United States.
f. Disconnect Fee
Customer will be charged a disconnect fee of $40.00, ?25.00 or €40.00 per voice line upon termination of Service for any reason or for convenience by Customer. The disconnect fee becomes due and payable immediately upon termination and will billed directly to Customer's credit card. If Customer has multiple lines, Customer will be charged a disconnect fee of $40.00, ?25.00 or €40.00 per line for each line disconnected. To receive a credit for the disconnect fee, Customer must return the Device(s) undamaged and in original condition within fourteen (14) days of termination. Bicom Telecom will not credit Customer if the Device(s) is damaged or not in its original condition as received by the Customer. In the event Customer disconnects multiple lines, Bicom Telecom will issue The Customer a credit for all disconnect fees upon receipt of all Devices (e.g., Multimedia Terminal Adapters, etc.) in accordance with this Section.
a. Limitation of Liability
The Company shall not be liable for any failure to provide the Service, including emergency dialling, at any time or from time to time, or any degradation of voice quality, that is caused by any of the following:
1.) act or omission of an underlying carrier, or third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to Subscriber;
8.) service, equipment, network or facility failure caused by the Subscriber's Internet service provider; or
9.) any other cause that is beyond the Company's control, including without limitation the failure of an incoming or outgoing call to be connected or completed, or degradation of voice quality.
The Company's liability for any failure or mistake shall in no event exceed Service charges on account of the affected time period. The Company shall not be liable for incidental or consequential damages of any type.
Subscriber agrees to defend, indemnify, and hold the Company, its affiliates, subsidiaries, agents or representatives and any other provider who furnishes services to Subscriber in connection with this Agreement, harmless from and against any and all claims or damages relating to this Agreement.
c. NO WARRANTIES ON SERVICE
THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO THE COMPANY'S OR SUBSCRIBER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, SUBSCRIBER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF THE COMPANY'S OR ITS VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BY THE COMPANY OR THE COMPANY'S AGENTS, REPRESENTATIVES OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND TO ALL PERSONS WHO MAY BE AFFECTED BY THIS AGREEMENT INCLUDING BUT NOT LIMITED TO SUBSCRIBER.
d. No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Bicom Telecom reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if Bicom Telecom determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Bicom Telecom's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Bicom Telecom's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold Bicom Telecom against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
5. CHANGES TO THIS AGREEMENT
The Company may change the terms of the Agreement from time to time. The Company may provide such notice of change of Service to you either by:
- posting said changes on the "Terms and Conditions" section of the website, or
a. The Licensor is the sole owner of all right, title and interest in the software, including all copyrights, know-how, trade secrets, trademarks, patents and any and all other intellectual, intangible and proprietary rights, and all proprietary, trademark, patent, copyright or like markings thereon throughout the world. Any software used by the Company to provide the Services and any software provided to the Subscriber in conjunction with providing the Services are protected. Subscriber shall not do anything or commit any act which might prejudice or adversely affect the validity of Licensor 's ownership or markings of Licensor 's software, nor copy the software in any way, in whole or in part. Nor put at risk unknowingly or otherwise the Company's Licence from the Licensor.
7. GOVERNING LAW / RESOLUTION OF DISPUTES
a. Mandatory Arbitration
b. Governing Law
The Agreement and the relationship between you and Bicom Telecom shall be governed solely English Law by the Courts of the Republic of Seychelles. You and Bicom Telecom agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Seychelles. The failure of Bicom Telecom to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c. Entire Agreement
This Agreement and the rates for Services found on Bicom Telecom's website constitute the entire agreement between you and Bicom Telecom and govern your use of the Service, superseding any prior agreements between you and Bicom Telecom and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Bicom Telecom unless and until posted in accordance with Section 5 hereof.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
8. PRIVACY, EMAIL POLICY AND NOTICE
The Company is committed to respecting a Subscriber's privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your Subscriber relationship with the Company. The Company will not sell, rent, or lease your personally identifiable information to others. Unless required by law or your prior permission is obtained, the Company will only share the personal data you provide with other Company entities and/or business partners who are acting on the Company's behalf to complete the activities described herein. Such Company entities and/or national or international business partners are governed by the Company's privacy policies with respect to the use of this data. The Subscriber may decline to participate in various programs offered by the Company by changing the settings in their subscriber profile, accessed through the "My Account" section of the Company's web site, www.BicomTelecom.com. As a private company offshore, the Company is not required to file numerous reports with different administrative bodies. However, the Company reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either the Company or any company affiliated with the Company. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, the Company may disclose personally identifiable information.
The Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other information. The Company is not liable for any lack of privacy that may be experienced with regard to the Service.
b. Email Policy
c. Recording of Phone Calls
We monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services.
e. Instructions on your behalf
We may take instructions from a person who we think, with good reason, is acting with your permission.
Last Modified on: February 21, 2004