These Minimum VoIP Services Terms take precedence over the general Terms of Services of Dixa in relation to the provision of voice and message over IP (telecommunications) services by Dixa from the telecommunication providers as listed below. Notwithstanding aforementioned, if the Terms of Services or other conditions of the Agreement between the parties sets forth more strict requirements on the Customer or less onerous requirements on Dixa, such shall prevail.
- In providing the services, Gradwell shall use the reasonable skill and care that may be expected from a competent communications provider and shall take steps to ensure the services are fault free and uninterrupted so far as is reasonably practicable.
- However, it is not a condition of the contract, nor does Gradwell warrant or guarantee that the services will be uninterrupted, secure or error-free.
- Customer acknowledges and agree that:
- The services were not designed with the Customer’s individual requirements in mind and it is Customer’s responsibility to determine whether the services will meet the Customer’s needs; and
- Gradwell relies on third parties to deliver telephone calls and other communications associated with the services to and from Gradwell’s network. The performance of such third parties and their equipment is a matter beyond Gradwell’s reasonable control. Gradwell may have to suspend the services for emergency repairs, maintenance or improvement without prior notice. If Gradwell does so, Gradwell will restore them as quickly as reasonably practicable.
- Your obligations General obligations
- The Customer must comply with Gradwell’s reasonable instructions and requests concerning the services.
- The Customer must provide Gradwell with up to date contact details of at least one named representative (including email addresses) with whom Gradwell are authorised to deal and promptly notify Gradwell of any changes in these details. The Customer must update Gradwell promptly if Customer’s address changes.
- The Customer agrees to comply with Gradwell’s fair use policy and brings it to the attention of those persons Customer permit to use the services.
- Customer is responsible for all activity and charges associated with Customer’s Dixa account. This will include activity that is malicious or fraudulent (as well as associated charges from that activity) which Gradwell reasonably believe is attributable to Customer’s negligence, or Customer’s failure to act in accordance with these terms or with any relevant security advice or instructions Gradwell has given or made available to Customer.
- Security obligations Customer must:
- keep Customer’s username, password and other security information secure (and Gradwell may change these, or request that Customer change these, at any time when Gradwell considers it necessary for security purposes);
- if requested, use Customer’s username and password when giving instructions (and Gradwell is authorised to comply with instructions containing Customer’s username and password);
- take reasonable steps in respect of matters in Customer’s control (in line with Gradwell’s instructions and advice) to minimise any risk of security breaches in connection with the Services;
- notify Gradwell as soon as reasonably practicable, of any unauthorised access to Customer’s account or security details of which Customer becomes aware; and
- comply with Gradwell’s security checks and authorise Gradwell to run automated scanning checks from time to time to help identify possible security vulnerabilities in the hardware and/or software configurations Customer uses in connection with the services.
- The Customer must not use the services in a way which contravenes the provisions of terms of the contract.
- The Customer must not use the services (or permit them to be used) for any illegal or unlawful purpose under any relevant law. This may include, without limitation:
- sending menacing, offensive, defamatory, obscene, indecent or abusive communications using the Services; and
- using the services to create or send malware.
- The Customer is solely responsible for ensuring that its use of the services does not contravene any relevant law relating to the sending of unsolicited communications.
- Customer warrants that its use of the services will not infringe any third party intellectual property or other rights.
- If Customer’s use of the services contravenes the terms of the contract any, usage cap or is otherwise having what Gradwell considers (acting reasonably) a material adverse effect on the services, Gradwell may (in addition to any other rights Gradwell has under the contract) do any of the following:
- suspend the relevant services immediately; and/or
- arrange with Customer to change the services and/or the associated usage caps Customer receives which may result in Customer paying higher charges.
- Customer agrees to comply with the terms of any relevant software licence or similar agreement that Dixa brings to your attention which relates to any software Gradwell provides to Customer as part of or in connection with the services.
- Terms specific to voice services. Nature of voice services and access to the emergency services.
- Customer acknowledge and agree that the voice services:
- do not offer all of the features of a conventional phone line or phone service; and
- may sometimes be unavailable as a result of things over which Gradwell has no control, including (without limitation) the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection.
- Gradwell’s broadband services are designed to enhance the performance of Gradwell’s voice services. Where Customer uses voice services in conjunction with Internet connectivity provided by a communications provider other than Dixa, there may be a greater likelihood of connectivity problems. These problems may affect the quality, reliability and robustness of the Voice Services and Gradwell will have no liability to the Customer for such problems where they are attributable to third party connectivity and/or hardware.
- Your ability to use the voice services to make emergency calls by dialling 999 or 112 may be affected by the issues listed under paragraph 184.108.40.206. As a result, you should always ensure the Customer has an alternative means of calling the emergency services (such as a mobile phone).
- Because of technical constraints and the fact the voice services may be used from various locations, your location information may not always be available to the emergency operator and you may need to provide your location information and phone number verbally.
- The Customer can only use the voice services to call the UK-based emergency services and the Customer cannot use the Voice Services from outside of the UK to make emergency calls.
- The Customer must register with Gradwell the physical location where Customer will be using any voice service Gradwell provides to you. The Customer must keep its location details up to date by updating it with Gradwell as necessary. Failure to keep Customer’s voice service location details up to date may result in emergency services being despatched to the incorrect address.
- Please note that if Gradwell suspends or terminates the voice service in accordance with the contract, Customer will not be able to use the voice service to call the emergency services. However, Customer can still make emergency calls using the Voice Services where you have run out of credit on your Dixa account.
- Gradwell will have no liability whatsoever for any consequences of incomplete or inaccurate location data that you have registered with us being passed to the emergency services.
- The Customer must inform all its users of the voice services of the information set out in this paragraph 1.4
Your responsibility to use Voice Services securely
- The Customer is responsible for using voice services in line with the information contained in the following two documents and in accordance with any other relevant security advice Gradwell may publish on its website or send to Customer from time to time:
Gradwell knowledge base article on protecting VoIP accounts from fraud https://support.gradwell.com/entries/23142101-Protecting-your-VoIP-account-from- fraud
ITSPA – Recommendations for secure deployment of an IP-PBX
- Without affecting the Customer’s rights relating to number portability set out under law, Customer will not own any phone number Gradwell allocates to the Customer or the Customer ports in, nor will the Customer have any right to sell any such number.
- Customer’s use of the DIDWW services shall always be in compliance with the applicable laws and regulations. Dixa and DIDWW may require the Customer to conform with any and all such legal requirements in relation to the services from time to time, and especially in relation to any requirements associated with the use of national and geographic phone numbers.