1 PARTIES TO THE AGREEMENT
The Service Agreement – future reference is “Agreement”;
HotTelecom.biz – future reference is “Company”;
The service user/buyer – future reference is “Client”;
Both parties – future reference is “Parties”.
The Service Agreement is concluded between the parties – HotTelecom.biz and the Client.
By registering on the Company website and creating a personal account (account), the Client confirms acceptance of the terms of this Agreement. The Client accepts that the primary means of communication is email. The Client agrees to receive electronic notifications from the Company. The Client confirms his consent to the storage and processing of his personal data for the duration of the Agreement. To place orders, pay and manage services, the Client uses his personal account on the Company website.
3 PURPOSES OF THE AGREEMENT
The purpose of this Agreement is to regulate the legal relationship between the Parties in the provision of telecommunications services by the Company. The Agreement defines the conditions for the provision of these services.
4 RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1.1 The Company provides the Client with telecommunication services, namely the provision of virtual numbers on a leasehold basis, processing of voice calls, SMS, facsimile messages and other communication services.
4.1.2 The Company provides only numbers from its numbers base. The Company does not provide specific numbers requested by the Client.
4.1.3 The Company takes all measures for the commercial maintenance of the equipment necessary for services implementation and provisioning. The Company may change equipment to provide services. Such changes are carried out entirely in the sphere of decisions.
4.1.4 The Company provides the Client with ongoing support and consulting managers regarding services provided in the required volume.
4.1.5 The Company has the right to replace the provided number for reasons beyond the legislative and other regulatory acts, as well as if the continuation of the provisioning of communication services using this number is impossible for reasons beyond the control of the Company. In this case, the Company must notify the Client of the replacement as soon as possible. The Company provides number replacement at no additional cost to the Client. The Company is not responsible for any extra expenses from the Client’s side related to the replacement of the number, which are beyond the agreement between the Parties.
4.1.6 If the Client violates any clauses of this Agreement, the Company has the right to suspend the provisioning of services.
4.1.7 The Company reserves the right to refuse to provide services to the Client if the information provided by the Client or the package of requested documents is incomplete. The Company reserves the right to request additional information or identification proof at any stage of the provisioning of the services. The Company will ask for additional information if there are any reasons to doubt the veracity of the information provided by the Client or the authenticity of the documents provided. The Company has the right to terminate the provisioning of services and block the Client’s account without issuing a refund from the balance of his account in the cases stated below:
- If the Company knows that the Client has committed illegal actions or had plans to do so;
- If there are any reasonable suspicions that the Client has committed illegal actions or plans to use the Company’s services to do so in the future;
4.1.8 The Company has the right to change the terms of this Agreement without the prior consent and notification of the Client if such changes are necessary due to changes in the legal framework, insurance conditions, security requirements or statutory document changes.
4.1.9 The Company reserves the right to change the tariffs for any services it provides.
4.1.10 The Company has the right to transfer the rights and obligations that it bears in connection with this Agreement to a third party without the prior consent of the Client.
4.2.1 The Client is obliged to pay for the services on time. Following clause 6 of this Agreement, the Client has to deposit a specific amount of funds to the account balance to pay for the services.
4.2.2 The Client is obliged to provide documents confirming the identity or documents of a legal entity if it is necessary to activate the number. The Company informs the Client of these requirements beforehand.
4.2.3 If the Client becomes aware of any interruptions in the working process of the services, he must notify the Company about this traffic. The moment of occurrence is considered the moment the Client contacts the Support Service (by phone, e-mail or online chat on the website). The Client is obliged to provide all the information requested by the Company to work on the complaint. In case of failure to provide the requested information, the Company does not guarantee a solution to the problem.
4.2.4 The Client warrants not to use the provided service for illegal, unlawful purposes, including the transmission, offer of information or services that are illegal, unlawful, or harmful to third parties. The Client warrants not to use the provided service for potentially harmful, defamatory, or in any way infringing copyright, intellectual property rights, trademark infringement, pornographic material, or any other material that may offend in one way or another. It is strictly forbidden to use the Company’s services for fraudulent activities.
4.2.5 When the Client contacts the Company’s Support Service (by phone, e-mail or online chat on the Company’s website), the Client should communicate politely and within the framework of the services provided. The Company has the right not to respond to the Client’s requests if they are accompanied by obscene language, rudeness or go beyond the sphere of the services provided by the Company.
4.2.6 The Client is obliged to cooperate with the Company in such situations:
When dealing with any complaints regarding the provided services;
When dealing with any requests or investigations regarding the provided services.
4.2.7 The Client warrants that any third party that uses these services is subject to the terms of this Agreement.
4.2.8 The Client confirms that the use of IP telephony is allowed by local laws in his country.
The Client is obliged to:
- Take all responsibility in case of violation of the local laws.
- Bear all additional costs associated with the law violation of the jurisdiction of his country.
The Company does not take any responsibility for the Client’s incompetence in that case.
4.2.9 By accepting this Agreement, the Client confirms his age is at least 18 years old.
4.2.10 The Client does not have the right to transfer his rights and obligations to any other party without the Company’s permission under this Agreement.
5 SERVICE FEATURES AND WARRANTY
5.1 The Company does not guarantee the uninterrupted provisioning of services. However, the Company takes all necessary steps to keep the network and service without any issues and to restore services as quickly as possible.
5.2 By accepting the terms of this Agreement, the Client accepts that the Company does not provide technical support regarding any emergency services calls and calls to these services themselves.
5.3 Virtual number is a service for receiving incoming calls, SMS, and fax messages. Outgoing calls and SMS are technically different services. By default, the Company provides outgoing calls without Caller ID (rental number identification service). The Company does not control which number will be determined by the call recipient. The Caller ID service is additionally connected upon request. In some countries, the Caller ID service is unavailable. The Caller ID is not always guaranteed.
5.4 Activation of most numbers takes 1–5 days. In some cases, number activation may take up to 15 days. That may be due to the verification of the Client’s documents or a specific number activation procedure. A lengthy number activation process is not a basis for order cancellation and refund.
5.5 Toll-free numbers are 800 toll-free numbers (code in most countries, but may vary). It is a free line for customers who call within the country, but the Client is the one who pays for the calls. The tariff plan for incoming calls for Toll-free numbers is always per minute. Billing starts from the first minute of the answered call, voice greeting is also charged. Since such numbers can only receive calls within the country, dialling from other countries to Toll-free numbers is not guaranteed, it depends on the internal characteristics of specific countries. Missing calls to Toll-free numbers from other countries are not an indicator of the incorrect operation of the number.
5.6 SMS numbers are numbers for receiving incoming SMS. A separate group of numbers marked with «for registration» is allocated on the Company website. These numbers work for receiving SMS from online services. The «for registration» mark means that the local provider (the owner of the numbering capacity) did not set any restrictions on receiving SMS. All SMS sent to it can be received on the number. However, the Company does not guarantee the successful delivery of all SMS from all services to the number. If the number successfully receives SMS from most services and an SMS does not arrive from one particular service, this is not an indicator that the number is not working correctly. This situation is not a reason for order cancellation, number replacement or refund. The Company provides services for providing telephone numbers and not services for creating accounts in third-party services. If there is no «for registration» mark on the number, this means that the local provider (the owner of the number capacity) can restrict the reception of SMS from certain (most often the most common) services. The Company does not guarantee the receipt of SMS and calls from Internet services (WhatsApp, Telegram, Viber, etc.), as well as from banks, payment services and from other countries to numbers without the «for registration» mark.
5.7 All virtual numbers are provided on a rental basis. At the end of the lease period, numbers can be assigned to new users.
6 PAYMENT PROCEDURE
6.1 All services of the Company are provided only on a prepaid basis and work until the expiration of payment.
6.2 The Client’s expenses include:
1.) The number connection fee – a one-time payment;
2.) A subscription fee – monthly payment;
3.) A fee for forwarding incoming calls – according to the tariffs on the site (charging can be per minute or second depending on the number and type of forwarding);
4.) A fee for outgoing calls (per-minute billing for calls with Caller ID, billing per second for calls without Caller ID);
5.) Others paid services of the Company.
6.2.1 The monthly subscription fee for the number is debited automatically from the Client account balance after 1 (one) calendar month from the day the service is activated. In case of insufficient funds on the Client’s balance, the system deducts the subscription fee as a minus. The Company has a right to suspend the provisioning of all services until the Client repays the debt. The debt repayment restores all services automatically. That does not include situations when the Company removes the services from the Client’s Account. The Company processes the number removal due to debt without additional notice to the Client. The Company considers all obligations fulfilled if any debt arises on the Client’s Account. The Company has the right to remove the rented number anytime it deems necessary. To avoid debt, the Client can delete the virtual number from his account. The Client should delete the number before the system automatically charges a subscription fee. If the Client has not deleted the number, he confirms that he agrees with the extension of the rental of the number for one month.
6.3 Refund of the Client’s payments, refund of funds to the balance of the Client’s account, as well as recalculation of paid services, is carried out following the Company’s Refund Policy (link to the Refund Policy)
6.4 If the Client fails to fulfil its payment obligations following this Agreement, the Parties agree that the Company will have the right to terminate this Agreement.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights, belonging rightly to one party, will continue to belong to the same party.
7.2 The client must not in any case use the name of the Company, its trademark or intellectual property rights.
7.3 Transfer of the intellectual property without written consent is strictly forbidden.
The Company guarantees the privacy of the Client’s personal data. Although, the Company is entitled to pass any available Client’s information to the local provider (owner of the number capacity) or law enforcement agencies of any country on condition of receiving the official request.
9 LIMITATION ON LIABILITY
9.1 The Company is not liable in the following cases: in case of indirect, damage in case of accidental damage or subsequent damage due to the interrupted communications, loss of data, uncollected profit or in the case of economic losses that have arisen in connection with this Agreement.
9.2 The Company is not liable to the Client in the cases of any complaints or requirements, if the Client, while using the services, violates the laws of the country to which the number belongs.
9.3 The Company is not liable for any mistake, omission or typographical error in any part of the Agreement, on the webpage, personal account, invoice or other documents provided by the Company. The Client may inform the Company about the found inaccuracy, and it will be rectified with the Company’s consent.
10. FORCE MAJEURE
10.1 The Company is not liable for any interruption in the providing of services, delay or refusal in servicing occurring for any reason or due to any event which are out of its authority including the occurrence of any circumstances beyond its control – natural disasters, natural cataclysms, thunderstorms, floods, droughts, electric shocks, fire, power supply failures, damage to the power lines, damage caused by loss of connection or gap of communications or cables, trade war, government actions, imposition of sanctions, termination or revocation of license, destruction or loss of equipment, as well as inaccuracy or delay in the providing of services caused be the third party including regulatory and legislative authorities or telecommunications operators because of wars, military operations and civil unrest.
10.2 The Company is not liable for the consequences which may occur as a result of the force majeure circumstances.
11 PAYMENTS OF COMPENSATIONS
Regardless of the size of compensation related to this Agreement, the Client agrees that the Company, its founders, subsidiaries, subordinate offices, leadership and staff will not have to compensate any recoveries that have arisen in connection with any complaint or requirement of recovery which have arisen because of customer service. The Client agrees that the Company represented by its founders, subsidiaries, subordinate offices, leadership and staff is not liable for any direct or indirect damage which could be caused by the use of services provided by the Company includes but is not limited to the following cases: due to use or inability to use the services which are provided by the Company, confidentiality of the received information, inaccuracies and omissions, malfunctions, viruses, data transmission delays, service interruption or data loss.
12 TERMS OF AGREEMENT
12.1 This Agreement comes into force from the moment of creation of a user account by the Client on the Company’s website, and it is valid until one of the Parties stop it.
12.2 Each Party has the right to terminate this Agreement if any of the terms and conditions of the Agreement are violated.
12.3 Upon termination of the Agreement for any reason, any obligations of the Company to the Client are considered fulfilled.
13.1 This Agreement reflects the complete agreement between the parties relating to the subject hereof and supersedes all prior agreements, representations, statements, and understandings of the Parties.
13.2 The Parties are liable for failure to perform or improper performance of their obligations in accordance with the requirements of the applicable law of the Polish Republic and the EU.