AstraCom Technologies Holding Company B.V. Terms of Use
This agreement ("Agreement") is between AstraCom Technologies ("we," "us" or "AstraCom") and the user ("you, "user" or "Customer") of AstraCom’s enhanced communications services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Analog Telephone Adapter or any other IP connection device ("Device"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement.
1. SERVICE
a. Term
Service is offered on a monthly basis for a term which begins on the date that AstraCom activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give AstraCom written notice of non-renewal at least [10] days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. The Device must be returned on the event of service termination after which the hardware deposit will be returned by AstraCom.
b. Commercial Use of Service and Device
The Service and Device are provided to you as a commercial end-user. This means that you are not to resell or transfer the Service or the Device to any other person for any purpose, without express written permission from AstraCom in advance. User agrees that AstraCom unlimited Plans do not allow to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. AstraCom reserves the right to obligate User to pay AstraCom's per-minute rates for all periods of such use, including past periods or to immediately terminate or modify the Service, if AstraCom determines, in its sole discretion, that User's Service is being used for any of the aforementioned activities.
c. Lawful Use of Service and Device
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them 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 or international law. AstraCom reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.
d. 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 Customer to reset or reconfigure equipment prior to utilizing the Service.
e. Unauthorized Usage of Device,
You acknowledge that you are not given any license to use the firmware or software embedded in the Device, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by DigiPhone, which AstraCom reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service.
f. Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from AstraCom in each instance. AstraCom reserves the right to withhold the deposit payment made on the adapter and possibly terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.
g. Theft of Service
You agree to notify AstraCom immediately, in writing or by calling the AstraCom customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or stolen or fraudulently use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. In the case of a stolen Device the refundable deposit will be withheld by AstraCom.
h. Money Back Guarantee
The Device may be returned to AstraCom within thirty (30) days of the line activation providing:(i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and iii) and all documentation and packaging materials are returned.
2. EMERGENCY SEVICES
Non-Availability of Traditional Emergency Dialing Services: You acknowledge that we have told you that the Service does NOT support traditional 911, E911 or any other form of quick dial access to emergency services.
3. CHANGES TO THIS AGREEMENT
AstraCom may change the terms of the Agreement from time to time on fourteen [14] days advance notice to you. We will give you notice by electronic mail directed to the e-mail address you gave us when you signed up for the Service, or to your current e-mail address if you have notified us that your e-mail address has changed. You are responsible for notifying us of any changes in your email address by e-mailing us at info<at>digiphone.cz, and we may continue to use your previous e-mail address unless and until we have received your notice of address change.
4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
a. Billing
We will bill all charges monthly, AstraCom reserves the right to bill additional call charge deposits if the amount due for charged international calls exceeds one month service fee.
b. Billing Disputes
You must notify AstraCom in writing within 7 days after the end of the billing cycle if you dispute any AstraCom charges on that statement.
c. Payment
AstraCom may terminate your Service at any time in its sole discretion, if any bill is past due. Termination of Service for past due payment or non-payment leaves you FULLY LIABLE to AstraCom for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by AstraCom owing to your non-payment, such as (but not limited to) collection costs and attorney's fees. Customer is responsible for the return of the Device upon termination of Service.
d. Breach/Termination/Discontinuance of Service
AstraCom reserves the right to discontinue providing the Service at any time in its sole discretion. If AstraCom discontinues providing the Service or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, 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 full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, minus all deposits, all of which immediately become due and payable.
e. Breach
In the event of User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, User shall reimburse AstraCom for all attorney, court, collection and other costs incurred by AstraCom in the enforcement of AstraCom's rights hereunder and AstraCom may keep any deposits or other payments made by User.
f. Taxes
Any applicable value added or other taxes, fees or charges imposed on AstraCom as a result of providing the Service or a Device will be billed to your account when imposed upon AstraCom. If Customer is exempt from payment of such taxes, it will provide AstraCom with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date AstraCom receives the Tax Exempt Document.
g. Disconnect Fee
You will be charged a disconnect fee per line upon any termination of your Service (except when termination results from AstraCom discontinuing the Service generally or terminating your Service in its discretion without a stated reason). The disconnect fee will be billed on your final invoice.
5. LIMITATIONS
a. Limitation of Liability
AstraCom shall not be liable for any failure to provide the Service, 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 Customer; or
8.) any other cause that is beyond AstraCom's control, including without limitation the failure of an incoming or outgoing call to be connected or completed, or degradation of voice quality. AstraCom's liability for any failure or mistake shall in no event exceed Service charges on account of the affected time period. AstraCom is not liable for incidental or consequential damages of any type.
b. Indemnification
Customer agrees to defend, indemnify, and hold DigiPhone, its affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, harmless from claims or damages by, or in the right of, Customer relating to this Agreement, the Services or the Device. This paragraph shall survive termination of this agreement.
c. No Warranties on Service
AstraCom makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Neither AstraCom nor its vendors will be liable for unauthorized access to AstraCom’s or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer'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 AstraCom’s or its vendors' negligence. Statements and descriptions concerning the Service, if any, by AstraCom or AstraCom’s agents or installers are informational and are not given as a warranty of any kind.
6. RESOLUTION OF DISPUTES
Any dispute or claim between Customer and AstraCom arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
7. PRIVACY AND NOTICES
a. Privacy
IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. AstraCom is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at for additional information.
b. Notices
Notices to Customer shall be sent to the email address on file for Customer at AstraCom and will be considered given on the date sent by AstraCom.
