Up to date at today 20/10/2017
Bases communicated to the Spanish Telecommunications authority at January 27, 2012
Elegant Business, Civil Corporative Society, incorporated at 22 of March 2010, into the Register of Civil and documented Acts of the Community of Madrid Nº. 000 2010 T 027829, owner and promoter of the trade marks SipCel Telecom, Telebuntu, into others, registered and authorized as a Public Telecommunications business by the Spanish Regulator Authority of Telecommunications under case number RO 2011/224 within holding at Del Viento 2 A St., de Corpa 28811, de Madrid, SIC Code: J85915031, from hereinafter the Operator.
And from other part, as a subscriber to the present terms and conditions all over the Operator Services, from hereinafter, the User.
The user, convened within a commercial proposition from the operator, are interested in signup for one of the Operator services, subscribing the present terms and conditions, as a prepaid service, apply to an account with the operator, according to the following terms and conditions:
Modality: the service is going to be promoted as access and termination of telecommunications over IP, being established as a Voice over IP operator, in a primordial term.
Elsewhere, the Operator may offer other modalities to access to his service, such as Calling Cards, Access Numbers, indirect Dialing, and Operator Selection Prefix Code, according to the place, the moment, and the commercial action promoted by the operator.
User Localization. The service is being giving as non-geographical, indeterminated, and non identified within a specific location. The user have right to move, transfer, transport the service from a place to other, use as mobile, portable or whatever to satisfy his need. Thereof, the access to the service, within a geographical, or virtual numeration, would be subject to the local and governmental regulations, being considerated as originated from the Internet virtual environment.
Payment, the service is provided under the modality of absolute Prepayment, where the user are subject to provide sufficient found in his account to get involved in the service terminating his calls, and to cover the recurring service in case of having active access numbers to receive calls.
Channels. The service, by default, is being provided under the modality of MonoChannel, where the user would be able to place one single simultaneous call, unless upgrading his capacities with the Operator.
Multi-accessibility. The operator may provide, under user request, more capacities for the user, following previous adhoc agreement according to the following terms:
The user access, and assume that simultaneous traffic are billed simultaneously, that may cause to bring the account balance into negative value, where he’s liable to top back this balance within maximum 30 days from the last active call causing that negative balance;
To get activated this simultaneous capacities, the Operator may require certain guarantees to cover possible nonpayment of the service, such as Banking Standby credit; bank Guarantee, or cash deposit. The amount of that guarantee may depend on the expected volume, and the required channels. The Operator are free and independent to determinate that under his own discretionary reasons.
The Operator, may restrict, block, remove the multi-accessibility upon his own decision, regarding to the user activities, balance, destinations, and modality of use, to guarantee the constant payment of the giving service.
Caller identification. If the user have an active geographical number, his calls are being identified automatically with that number. If not, calls may be placed as unknown, or being identified within his account ID, which is a numerical value created randomly. The user may apply to have another identification number according to the following terms:
Purchasing a geographical number with the operator, according to availability, and commercial existing offers;
Request the operator to assign his own existing telephone number upon proving the ownership of that’s one by presenting an up to date invoice, and live proves of that number ownership; the operator, may study that possibility, contact the current operator owner of that number, and process to whatever verification to avoid fishing, and ilegal use of the public telecommunications network;
In the even of the operator receive a complain of the use of that number from whatever private or public authority, that identification shall be removed immediately without any prior advice to the user.
If the user is a large corporate, telecommunications operator, or whatever public entity may use his own switch, or manage his own Caller Identification, he may request the operator to trust him and handle him that traffic under his own liability. The operator may require additional document to improve that liability, or require to sign an additional specific conditions for that.
Geographical Access. The operator may offer geographical access numbers, personal numbering, or non geographical numbering according to his own established conditions, and following the local regulation for each place and moment.
In that’s even, the operator may require whatever private information to identify the user according to the legal restrictions for the time and place to provide that service.
In the even of any legal alteration, and if the operator receive any requirement to block, suspend, or cancel that numbers, the operator reserve the right to process that without prior advice to the user, following that legal requirements, that shall not be object to any liability to the operator.
Geographical numbers are being billed monthly from day to day of there creation anniversary, and not into calendar days. Customer would be notified within 7 days in ahead of the renew date, in case of mis balance, and notice to top up there account for the DID bill charge. If the renew date arrive, and at 00 hours there’s no enough balance to pay the DID quota, DID would go into quarantine for the period of 7 days, being inactivate to receive calls, but reserved to that customer for the reactivation. If customer would not top up his account into the quarantine period, DID would be release, and available to be purchased by any other customer. The operator would charge an extra month quote for the DID reactivate into the first 7 business days, and 3 months extra charge for the reactivation into the nest 30 days of the quarantine period. Numbers over that period would be released definitively.
Segments. The operator offer several segments of rates and service according to each user necessities, volume of use, and the purpose of use of the service. All over users are being created under the modality of residential (end users). Following to commercial, business, adhoc, and upon the user request, the operator may move the user segment from target to other which may be more effective to the use of the service according to the operator criteria, or upon verification, or business good relationships.
Billing. The service would be billed in real time, the user may verify his billing in live and realtime by accessing to the customer portal http://customer.sipcel.com, by using that credential provided by the operator in the sign-up moment.
The billing would universal for all over customer segments as 1:1 modality from the first second of the call. The operator will not bill any interconnection/ setup charge to any of his segment, unless ulterior modification of the present conditions, in exception of Mexico would be billed within 90:90 to standard users, and 60:60 to the rest.
Calls TimeOut. Users are free to establish and finish calls under there own, meanwhile the operator for security reason, good use of the system, and to avoid error and unintentional connections impose a maximum and absolute timeout within 60 minutes per call. Ended calls may be reestablished again, under the user own mind.
The operator may impose a surcharge additional billing upon long duration calls within massive traffic, such as intensive dealers, call centers and similar within calls under 15 second of duration. This measure would be negotiated case by case within each customer according to his own conditions and use.
Payments. The operator may offer several payment methods, as online payment, direct payment via bank wire transfer…etc. Online payments are subject of manual review and human verification for security reasons. The operator reserve the right to cancel, reserver and or suspend any payment method following his own criteria to guarantee and protect his own interest upon fraud suspect or illicit use.
The operator, billed as a low cost and fair commerce entity shall not assume any financial commissions from e-payment entities. The user will get credited in his account the net received amount from the entity, if user would no prefer to assume that commissions, may process within direct payment via bank transfer which would be exempt of reception commissions, unless the sender bank would charge the user of that transaction.
Disputes. The operator are subject to audit, mediation, and arbitrary service of the Spanish Regulator Authority of Telecommunications, and also member of the TrustedShops, Gmb corporation, and may provide users arbitrarily service and assume there auditions for the user of residential and business purposes. Resellers, and interconnection targets are subject to the second option exclusively.
Within the same effect, users resident in other then the EU territories shall be considerated as industrial and professional service subject to the Vienna Convention of the International Merchandising and trades, and or other concrete convention into the Kingdom of Spain and that State; in that absence, disputes will be subject to common and international business and commercial good use rules, by establishing an adhoc commission within one professional member proposed from each party.
Customer are aware, and informed that he/she cannot process for any dispute using payment methods services, such as Paypal Disputes Service, MoneyBookers, or similar, as this claims are related to service handling, meanwhile the service itself have been handled on time as expected, and possible dispute may not be related to that. Any dispute open with that service, shall conclude any other dispute possibility, and the Operator shall have right to block the customer account upon any nonpayment risk, or any fund blockage from these financial services. The Operator reserve his right to process against the financial service provider in case of processing any dispute related to the service, as it’s not there legal competence to interfere in such as issues.
In all cases, each party shall bear his own cost of any dispute unless judicial imposition of costs within definitive resolution.
Liability. The operator shall not assume any liability of the use of the service, it’s not subject to any liability in restitution of any damage, expected benefit which may cause the use, or fail of the service caused by third parties, connections missing, interconnections error, or elsewhere.
In all cases, the maximum exigible liability shall not be over the total amount of that last satisfied 3 months of recurring cost of the service.
Publicity. The operator shall publish, and maintain up to date the present terms and conditions in his website, close to the users in a specific and clearly identified link under the page www.sipcel.com/t&c, thereof any substantial alteration of the present terms and conditions shall be communicated official to the regulator authority.
Privacy. User personal details are being stored and protected under European Legal System, being managed by the Operator, and being encrypted and secured in protected and blinded data-centers in the territory of the Federal Republic of Germany, and others under similar conditions.
Telecommunications details, records, and elsewhere related to that, are protected under Spanish, and European Law being considerated as Secret of Telecommunications. The operator shall never provide that details to any authority, unless reasonable and sustainable Judicial Process for penal, public security or terroristic reason. The operator may refuse to provide that details, appealing to the Spanish law protection, or appealing to the Spanish Telecom Authority intervention, who should impose an arbitrary solution in the good use of the telecommunications secret and the effective cooperation with the justice.
Amendments and modifications. The operator reserve the right to modify and/ or amend the present terms and conditions in any time, upon 72 hours advertisement of the users in case of any substantial amendments.
Customer Support Service. The operator shall provide 24/7 technical customer support service, and Business hours administrative, accounting and financial service which may work from Monday to Friday from 09 to 20 hours GMT, by phone, chat, gtalk, tickiting system, or direct mail according to each segment, need and specifications.
The operator shall be responsible to offer support and service exclusively this his own devices, and softphones, and may offer additional tutorials to flexible the use of his systems to the users. Support are not provided for third part equipments, training, consultancy, neither any additional personalized service, unless special commercial training service accorded with the operator.
Languages. The operator may offer his service, for all effects in Spanish, English, French, German, Italian, Portuguese, Polish, and Arabic. He may offer an expansion of that languages in the future, all interpretation of communications, contract, and service shall be considerated according to the user selected language in the moment of his signup.