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GENERAL TERMS AND CONDITIONS
1. Scope and Background
Operator One ("Operator One") is an independent international operator which offers easy to use communication services. These general terms and conditions apply in relation to the service Operator One Connect, which is an Internet based telephone service that enables the user to make international calls to a local number from any phone (the "Services"). When creating your account at Operator One's websites (e.g. www.operatorone.eu) and applying for the Services, you agree to be bound by these general terms and conditions (the "Agreement"). The Agreement will apply even though the use of the Services will require the use of services provided by a third party (such as your operator), and even though such service provider's terms and conditions also may be applicable.
Operator One may renew, modify or amend the Agreement. Such amendments shall enter into force at the earliest 14 days after the amendments have been announced by Operator One on its website.
2. Rights Granted
Operator One grants you a non-exclusive, non-transferable right to use the Services in accordance with the terms and conditions of this Agreement.
3.Password etc.
When applying and registering for the Services, you must provide true and accurate personal information and inform Operator One without delay in the event of changes in your personal information. You must also choose a password (4-6 digits), which will be required for your access to the Services. You will be able to view your personal information online. You may change the provided personal information or your password.
You hereby undertake to keep the password confidential and not disclose it to any third party. Any action taken as a result of access to, or use of, the Services with your password will be your responsibility and you will also be liable to Operator One for all such use.
4. The Use of the Services
You agree to comply with the terms and conditions of this Agreement and only use the Services in accordance herewith. You may use the Services for your own use and to the extent provided in this Agreement only. Furthermore, you shall ensure that the use of the Services:
does not cause damage or other inconvenience to Operator One
or any third party;
does not cause disruptions on the Internet, telephone networks
or the Services;
is not used in a commercial manner, e.g., as an inter-connection interface
or in any operator business;
does not infringe or violate Operator One's or any third party's copyright or
other intellectual property rights; or
is not contrary to any law or regulation or decision issued by public
authorities.
The phone numbers provided by Operator One do not and are not intended to support other communication than regular calls, i.e. voice. By using the Services on the website you may be able to send SMS messages.
5. Data Protection
Operator One is the controller of the personal data, such as name and telephone number, that you submit when applying and registering for the Services.
Your privacy is important to Operator One and we take great measures to safeguard the ways in which any information you provide is used. Operator One will process your personal data in order to, for example, comply with applicable legal requirements or governmental request, fulfil the obligations under this Agreement (i.e. provide the Services) and for payment administration.
Operator One will also use your IP address to diagnose our server problems and to administrate the Services. Your personal data may be stored and processed in Luxembourg or any other country in which Operator One or its affiliates, subsidiaries or agents maintain facilities. Your personal data may be transferred (through Internet based communication) to other entities or governmental authorities, which may be located outside the European Union. Your personal data may also be accessible and visible to other users of the Services.
When applying and registering for the Services, you consent to the processing and use of your personal data in accordance with the above.
You have once per year a right to request information on the personal data processed by Operator One, and may at any time demand that incorrect information is amended. You may also, at any time, withdraw your consent (however not retroactively). Such notification shall be in writing and sent to the address stated in section 17 below.
6. Security of your personal information
Operator One uses advanced security technologies and procedures to protect your personal information from unauthorised access. Your details are stored on computer systems with limited access in controlled facilities, and credit card numbers and passwords are protected with Secure Socket Layer (SSL) encryption when transferred over the Internet.
Your password helps to protect your accounts and personal information, and therefore it is your responsibility to keep your password confidential. Do not share it with anyone, and make sure you sign out before leaving the website.
7 Operator One's Provision of the Services and Liability
Operator One shall provide the Services in a professional manner and in accordance with the Agreement. Operator One shall be entitled to retain sub-contractors for the performance of its obligations pursuant to the Agreement, but shall bear primary liability for such sub-contractor's work.
You shall be entitled to compensation for direct damages due to negligence by Operator One. Such compensation shall in no event include indirect damages such as loss of profit of other consequential losses.
Since the Services may be transmitted through the Internet and by the use of telephone networks, Operator One cannot guarantee that the Services will function error-free and without disruptions, delays or other imperfections. Hence, Operator One does not make any warranty regarding the Services and disclaim any implied warranty. Operator One shall in no event be liable for damages arising as a consequence of operational problems relating to the Services, such as interrupted calls or calls that cannot be made. In addition, Operator One will not be liable for any type of communication spread by means of the Services or for the content of data or loss thereof. The Services are not intended to support or carry emergency calls and Operator One is not liable in any manner for such calls.
Even though the Services are designed as to make bugging impossible, Operator One does not guarantee that no authorised bugging may take place.
Operator One's liability and the liability of any of our sub-contractors shall in no event exceed Euro 100. The limitation of liability above shall not apply in the event of intentional misconduct, gross negligence or liability pursuant to mandatory law.
8. Suspension etc.
Operator One shall be entitled to limit the availability of the Services to the extent necessary for expansion or otherwise for technical, maintenance or operational purposes. Operator One shall, in such cases, endeavour to minimise the interruption period and take the measures necessary in order to cause the least possible inconvenience to you. To the greatest extent possible, Operator One shall inform you of any planned interruptions.
Operator One may choose not to provide services to countries or calling areas at its sole discretion. In addition, at any time Operator One may prevent use of the Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
9. Intellectual Property Rights
This Agreement shall not entail that any copyright or other intellectual property rights are assigned to you. All copyright, trade marks, patents and other intellectual property rights in any material or content contained in or accessible via the Services is either owned by Operator One or has been licensed to Operator One by the rights owner(s) for use as part of the Services.
10. The Rates
There are two costs for each call, the local part and the international part. The use of the Services requires a working connection to the public telephone network and the Internet. Such local access is not a part of the Services. The party making the local call is responsible for the costs for the local access in accordance with the terms and conditions applied by your telephone or Internet provider.
The international part of the call is paid for by the Service subscriber. If the person dialing the number is not an Operator One Connect subscriber, you will have to pay for the international part of the call.
The currently applicable rates for the Services are provided at Operator One's websites (e.g. www.operatorone.eu). Unless stated otherwise, all prices are in Euro and shall be exclusive of value added taxes (VAT). Operator One has the right to amend the applicable rates at any time. If the rates are increased, such amended rates shall enter into force at the earliest 14 days after Operator One (on its website) has announced that an increase is contemplated.
11. Payment
Payments are made at the website, in accordance with the procedure there provided for. The Services are mainly pre-paid by on-line accounts (the "Accounts").
Operator One may also offer an automatic recharge function. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged up to a certain pre-selected amount.
Operator One will refund your credit balance in the event you terminate your Services pursuant to the terms set forth below or in the event that Operator One terminates this Agreement without cause. You may request for a refund by contacting Operator One's customer services at the address set out in section 17 below. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through discounts or vouchers. Operator One reserves the right to deny repetitive refund requests.
An administrative fee of up to 10 Euros may be charged for any refund.
Operator One may provide an account history on the websites that includes information about your Account activity, payments, calling history (during a limited period of time), and your current Account balance. If you believe that Operator One has over-charged you or if you believe that the balance of your Account is incorrect in any way, you must notify Operator One at the address stated in section 17 below and request a refund. Any claim must be made within a reasonable time after the reason for the demand was discovered.
12. Termination
The Services will be provided, and this Agreement applies, until further notice. However, the Services will automatically expire 6 months following your last chargeable use of the Services.
You may terminate the Services at any time, and such termination shall be effected five business days after Operator One receives the notice of termination. Operator One may terminate the Services at any time, and such termination shall be effected 30 days after notice of termination has been sent.
Operator One may immediately terminate your access to the Services, and/or block your access to certain parts of the Services, if you commit a breach of the Agreement or use the Services in a way that cases material damages to Operator One or any third party. This also applies if there is reason to believe that you will not pay outstanding dept on your Account. In the event of a termination with cause, you will immediately be suspended from using the Services and any amount at your Account will be lost (i.e. pre-payments will not be refunded).
13. Force Majeure
Operator One and you shall be released from liability pursuant to this Agreement provided the loss or the omission is due to an event beyond the party's control ("Force Majeure Event") and the event prevents, significantly obstructs or delays the performance thereof. The aforementioned shall also apply where the loss or the omission is due to late deliveries from Operator One's sub-contractors which have been caused by a Force Majeure Event.
Force Majeure Event means, inter alia, acts or omissions by public authorities, newly-enacted or amended legislation, labour conflicts, blockades, war, riots, sabotage, extreme weather conditions, lightning, fires, explosions, floods, natural catastrophes or accidents.
14. Assignment
Operator One may assign all or part of the Services without your consent. You may not assign any part of the Services.
15. Disputes
This Agreement and the Services shall be governed by and construed in accordance with the laws of Luxemburg without giving effect to the conflict of laws or provisions. Any dispute, controversy or claim arising out of or relating to this Agreement or the Services or the breach, termination or invalidity thereof shall be finally settled by Luxemburg courts.
16. Entire Agreement
This Agreement supersedes all prior agreements and understandings, written and oral, between you and Operator One with respect to the Services and constitutes the entire agreement between us.
17. Contact Information
Operator One SA
1, rue Goethe
L-1637 Luxembourg City
Fax: +352 208 801 79
E-mail: info@operatorone.eu
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