Terms and Agreements
1. THE PARTIES
This document "Buy Local Numbers Terms of Service", hereafter referred to as the "Agreement", is agreed between Buy Local Numbers, and the person or party identified in the associated Registration Form or Reseller contract. In the case of a company application, this is the person signing on the company's behalf and who by registering acknowledges having power of representation for that company. This person is hereafter referred to as the "Customer". The "Customer" is required to provide the necessary identification and in the case of company applications, the registration number, as specified in the Registration Form on the Buy Local Numbers website (www.buylocalnumbers.com)
This Agreement relates to communications services offered by Buy Local Numbers for use by the Customer, and defines the terms and conditions under which these services are provided by Buy Local Numbers and accepted and used by the Customer. These services are offered under the Buy Local Numbers trading name. Buy Local Numbers reserves the right to refuse an application:
- If the information provided is incomplete.
- If Buy Local Numbers has reason to doubt the accuracy of the information, or it is not supported by the required identification or, in the case of company applications, the required authorization.
- If the Customer is known to have committed fraud, or is bankrupt, or has given any reason to doubt his or her ability to meet their commitments under this Agreement.
If the customer uses the service to commit fraudulent acts or violating the terms of service, the account will be closed without notice and the prepaid credit will not be refunded.
We reserve the right to ask the user for proof of identity at any time and at our discretion. If the customer provides false identification details and/or refuses to provide a copy of the personal identification document when requested, the account will be suspended until the requested information is provided. The cost of service corresponding to the period of suspension will not be refunded.
3. PRELIMINARY TERMS
Electronic Signatures and Agreement(s): The Customer hereby agrees to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the www.buylocalnumbers.com website. Furthermore, the Customer hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
No Emergency Calls: by entering into this Agreement the Customer acknowledges and agrees that the Buy Local Numbers infrastructure does not and does not intend to support or carry emergency calls.
No Callback Calls: by entering into this Agreement the Customer acknowledges and agrees that the phone numbers provided by Buy Local Numbers cannot be used for callback applications.
Jurisdiction Restrictions: if the Customer is residing in a jurisdiction where it is forbidden by law to offer or use internet telephony, the Customer may not enter into this Agreement. By entering into this Agreement the Customer explicitly states that he has verified in his own jurisdiction if the use of internet telephony is allowed. The Customer shall be soley responsible, bear all costs (including reasonable lawyer's costs) and will hold Buy Local Numbers harmless, if he breaches the Jurisdiction restrictions.
4. FORMATION OF CONTRACT
4.1 Any error, omission or typographical error in any quotation, offer, sales information, invoice, or document supplied by Buy Local Numbers shall be subject to correction on notice from Buy Local Numbers and without liability.
4.2 Buy Local Numbers may vary any provision in this Agreement, without prior consent from the Customer, if such change is required because of regulatory, insurance, safety or statutory changes made after the date of this Agreement.
5. RESPONSIBILITIES AND OBLIGATIONS
5.1. Buy Local Numbers
5.1.1. Buy Local Numbers endeavors to provide the Customer with network service and service numbers, but notwithstanding this Buy Local Numbers is not obliged to supply service numbers requested by the customer. It may also change numbers supplied to the Customer if this is required for regulatory, statutory or legal reasons, and in such instance shall notify the Customer as soon as is reasonably practical.
5.1.2. Buy Local Numbers will make all reasonable efforts to maintain equipment suitable for handling and terminating calls.
5.1.3. Buy Local Numbers shall notify the Customer as soon as reasonably practical, of any changes in rates payable, or modification to the service offered.
5.1.4. Buy Local Numbers shall provide the Customer with reasonable technical and sales support, which Buy Local Numbers in its sole discretion shall consider necessary and appropriate.
5.1.5. Buy Local Numbers may from time to time make changes to equipment used to handle calls and provide the service. Such changes are at the sole discretion of Buy Local Numbers, and may be made without prior consent from the Customer.
5.2.1. The Customer shall pre-pay their account to ensure that their account is at all times in credit. Should the Customer's account reach zero credit the service as prescribed shall automatically be suspended until a new payment is received and confirmed.
5.2.2. The Customer shall ensure that they have all necessary approvals, permissions or authorizations for the services operated through Buy Local Numbers including those offered to its End Users. The Customer shall be responsible for the content, quality and delivery of services offered, and for ensuring that these services comply with the laws and this Agreement. Buy Local Numbers may recover from the Customer, who will hold Buy Local Numbers harmless, all fines, claims or administrative expenses resulting charged by any other regulatory body, resulting from a breach of the law or best practice.
5.2.3. The Customer shall provide Buy Local Numbers on request with information or material regarding the service operated through Buy Local Numbers, including those offered to its End Users or agents upon and to the extent of any request made by Buy Local Numbers.
5.2.4. The Customer shall ensure that services provided are not used for any unlawful purpose whatsoever including the transmission or offering of any information or services which are unlawful, abusive, harmful, threatening, defamatory, or which in any way infringe copyright, intellectual property rights, trademarks, or which is pornographic, or any other material that may cause offence in any way.
5.2.5. The Customer specifically agrees to indemnify Buy Local Numbers against all costs and liabilities arising out of all claims which result from, or involve an allegation of, any breach of clause 5.2.4.
5.2.6. The Customer shall co-operate with Buy Local Numbers in relation to any complaints, enquiries or investigations regarding services offered by the Customer. The Customer shall, at the discretion of Buy Local Numbers, without limitation bear in full any costs associated with such complaints, investigations, or enquiries or any action whether or not bought by or against Buy Local Numbers.
5.2.7. The Customer shall ensure that any third party using its facilities shall be bound by the terms of this Agreement.
5.2.8. The Customer is responsible for ensuring that no third party intellectual property right is infringed by its choice of telephone number for a particular service and will hold Buy Local Numbers harmless against all costs and liabilities arising out of a breach or allegation of a breach of any such third party's intellectual property rights.
5.2.9. All notices, requests or other communications shall be in writing and addressed to the Customer by email. The Customer bears all responsibility concerning the reception of the Buy Local Numbers mails, he agrees to keep his email address updated at all time, and he will inform Buy Local Numbers of any modification of his email address within 24 hours of the moment of modification.
6. PROVISION OF SERVICES AND WARRANTIES
6.1. Buy Local Numbers cannot provide a fault free service. Buy Local Numbers gives no warranty that its network or services shall be continuous, or will be free from faults. Buy Local Numbers will, however, take steps to ensure its network and services are reasonably fault free, and that service is reasonably uninterrupted.
6.2. In addition to clause 7.1, Buy Local Numbers gives no warranty or guarantee that the service is satisfactory or suitable for the Customer's purposes. All warranties relating to the service from Buy Local Numbers are excluded, even if implied by statute.
6.3. The parties acknowledge that no representations, warranties or statements made prior to concluding this Agreement forms any part of the contract, nor has induced either party.
6.4. The Customer acknowledges that:
6.4.1. No representation, warranty or statement other that detailed in this Agreement, forms any part of a Contract, nor has induced the Customer to use Buy Local Numbers.
6.4.2. The service provided by Buy Local Numbers was not designed for the Customer's individual requirements, and it is up to the Customer to decide if the service provided by Buy Local Numbers is of satisfactory quality and fit for the purpose for which it is used.
6.4.3. Buy Local Numbers is reliant on a third party for delivery of inbound calls, and therefore Buy Local Numbers can have no liability of whatever nature for any delay in provision of the same or for concerning the use of the service by the Customer, moreover Buy Local Numbers makes no warranty that its network or services shall be continuous, or will be free from faults.
7. RATES & PAYMENTS
7.1. All accounts are to be pre-paid by and will operate on a 'run-down' basis. It is the sole responsibility of the Customer to ensure sufficient credit remains on the account for traffic. Credit will only be added to an account upon confirmation of cleared funds being in Buy Local Numbers bank account.
7.2. Buy Local Numbers may at any time vary the rates detailed in the order form, but shall give the Customer 30 days write notice of such change.
7.3. In the event that any sums due to Buy Local Numbers under this Agreement are not paid by the due date then Buy Local Numbers shall be entitled to charge interest at 7% over the base rate used by the European Central bank for her main refinancing operations, at that time.
7.4. All rates detailed in the order form and in the monthly reports shall be exclusive of all taxes or duties.
7.5. The Customer's call minutes shall be calculated according to data logged by Buy Local Numbers which shall be accepted, except in the case of manifest error, as being conclusive for the determination of revenues due to the Customer.
7.6. In case the Customer does not fulfill his payment obligation under this agreement after the date of a final notice, parties agree that Buy Local Numbers will be entitled to the application of the article 15.4 of this agreement.
8.1. The Customer shall not assign the rights and obligations of this Agreement to any other party without the express permission in writing of Buy Local Numbers.
8.2. Buy Local Numbers may assign the rights and obligation of this Agreement to a third party without the prior consent of the Customer.
9. FORCE MAJEURE
9.1. Buy Local Numbers shall not be liable for any interruption, delay or failure in service resulting from any matter or event outside of their control, to include, but not limited to any act of god, inclement weather, storm, flood, drought, lightning, fire, power failure, shortage of power, disturbance to power supplies, disconnection damage or disturbance to telecommunications connections and cables, trade dispute, government action, embargoes, termination of or refusal to grant a license, damage to or loss of equipment or interruption, failure or delay in any service provided to us by any third party including governmental or regulatory authority or telecommunications operator, war, military operations, or riot.
9.2. Buy Local Numbers will not accept any liability for the consequences arising out of a force majeure event.
10. TECHNICAL SUPPORT
10.1. Buy Local Numbers may without liability, prior warning or consent of the Customer, suspend the service, in the event that it wishes to carry out maintenance, upgrade works, or back-ups. Buy Local Numbers will take steps to keep any consequent disruption to the service to a reasonable minimum.
10.2. In the event that the Customer becomes aware of any faults with the service, it shall notify Buy Local Numbers as soon as is practicably possible.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All Intellectual Property Rights owned by one party shall remain vested in such party, and for clarity, and avoidance of doubt.
11.1.1. All rights of any nature, trade name, documents, drawings and information including any access codes provided to the Customer, and information in Buy Local Numbers database accessed by the End Users and the Customer remain vested in Buy Local Numbers.
11.1.2. Information provided to the Customer by Buy Local Numbers pursuant to this Agreement, pertaining to the Customer's End Users is the property of the Customer.
11.2. The Customer shall not use Buy Local Numberss name, trademarks, or copyrights in any way that implies any approval or connection with the services or products offered by the Customer.
11.3. Any right to use the services, and/or any software related to the services, granted by Buy Local Numbers to Customer will only be perceived as a personal, limited, non-exclusive and non transferable license of use by Buy Local Numbers of the services, and/or any software related to the services, for the designated purpose only.
12.1. During and after the period while this Agreement remains in force, both parties shall not disclose to any third party the information gained in connection with this Agreement, nor the terms and payments due, but each parties may disclose to its officers and employees such information as may be required for them to fulfill their proper performance of their duties, and may be used in the proper exercise of its rights and obligations under this Agreement.
12.2. The obligations of confidence and restrictions on disclosure shall not apply in the following circumstances:
12.2.1. Where such information was already known prior to this Agreement;
12.2.2. Where such information was already in the public domain, save as a result of a breach of Clause 11.1.;
12.2.3. Where a third party, who did obtain the same from the disclosing party, disclosed such information to it lawfully; or
12.2.4. Where disclosure is required by law.
12.3. The Customer shall ensure that the confidentiality provisions of this Agreement bind all its employees and agents and shall indemnify Buy Local Numbers against loss or damage suffered as a result of a breach of confidence by employees or agents.
12.4. Buy Local Numbers shall have the unconditional and irrevocable right to disclose the identity and address of the Customer and any End User in the event of any complaint received from any regulatory or governmental body, or any licensed telecommunications carrier, in connection with services offered by the Customer.
13. LIMITATION OF LIABILITY
13.1. Buy Local Numbers shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data, or loss of profit, or economic loss arising out of or in connection with this Agreement and in particular shall not be liable for any delay in rectification of any such problem.
13.2. Direct damages. Buy Local Numbers can only be held liable for direct damages resulting from an attributable and faulty failure to perform its obligations under these Terms of Service. Direct damages in this respect exclusively mean:a. all reasonable costs incurred by the Customer in order to have Buy Local Numbers perform its obligations under the Terms of Service;b. all reasonable costs incurred by the Customer in order to prevent or limit any direct damages as meant in this article;c. all reasonable costs incurred by the Customer in order to establish the nature and scope of the direct damages as meant in this article.
13.3. Maximum amount. Direct damages caused as a result of Buy Local Numberss breaches of this Agreement shall in any event be limited to the previous 1 months revenue generated by the Customer, and received by Buy Local Numbers but in no event shall exceed 5,000 Euro for any one event or series of events.
13.4. Buy Local Numbers shall have no liability to the Customer in respect of any demand or claim where;
13.4.1. The demand or claim arises as a result of the Customer's and/or end-user's negligence, misconduct or breach of this Agreement;
13.4.2. If the Customer does not immediately notify Buy Local Numbers of any claim;
13.4.3. If the Customer does not give Buy Local Numbers full authority to deal with the claim, or does not provide all information requested by Buy Local Numbers and complete and proper co-operation for Buy Local Numbers to defend the claim.
14.1. Without prejudice to any other indemnity referred to in this or any other Agreement, the Customer agrees to indemnify Buy Local Numbers and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, including any made by a third party, arising out of the Customer's or End User's use of the service and all costs relating thereto. The Customer agrees not to hold Buy Local Numbers and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of Buy Local Numbers software or services, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained, errors and omissions, defects, viruses, delay in transmission, interruption of service or loss of data.
14.2. The Customer agrees to indemnify Buy Local Numbers, and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, arising from any act of the Customer or third party including but not limited to;
14.2.1. A breach or allegation of breach of the conditions of this Agreement;
14.2.2. Negligence, misconduct or any allegation of negligence or misconduct by the Customer or by any third party;
14.2.3. The marketing or promotion undertaken by or on behalf of the Customer;
14.2.4. The service content provided or marketed by or on behalf of the Customer, and all costs relating thereto.
15. TERM & TERMINATION
15.1. Term. The Agreement will be effective as of the date of the Customer acceptance thereof, and will remain effective until terminated by either party as set forth in these Terms of Service.
15.2. Either party shall be entitled to terminate this Agreement by giving to the other not less than two (2) months notice of termination.
15.3. Our billing process is based on prepaid balance and all our services must be paid in advance.
15.4. The user accepts that the service will be terminated, if his prepaid credit is exhausted at the end of the current billing period.
15.5. Consequences of Termination. Upon termination of the Agreement for any reason all licenses and rights to use the VoIP service shall terminate and the Customer will cease any and all use of the VoIP service.
15.6. Buy Local Numbers may terminate this Agreement with immediate effect by giving notice at any time, if;
15.6.1. The Customer does not comply with the terms of this Agreement;
15.6.2. The Customer says, or appears to intend, that it will not abide by the terms of this Agreement;
15.6.3. Buy Local Numbers believes the Customer has allowed services to be used for any unlawful purpose or any use prohibited by this Agreement;
15.7. Either party may terminate this Agreement if either party has committed a breach of the Agreement, and fails to remedy the breach within 30 days of notice requiring it to do so, and;
15.8. Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of the Customer's representations, warranties and indemnification obligations.
16. REFUND POLICY
16.1. The user can apply for a refund in the following cases:
16.1.1. For the prepaid credit that he hasn't consumed yet, in case he decides to not use our service any longer. In this case Buy Local Numbers will retain the transaction fees that are collected and are not refunded to Buy Local Numbers by the payment processors (e.g. Paypal and credit card processors).
16.1.2. If there is a proven case of service disruption, for which our company has been responsible. The refund will be proportional to the duration of the disruption.
16.2. The user cannot apply for a refund in the following cases:.
16.2.1. For the credit that he has already spent for PSTN traffic or for monthly service renewal.
16.2.2. If a service disruption does not depend on Buy Local Numbers (for example, if our service doesn't work because of an issue with the internet provider).
16.2.3. If SMS are not received on virtual mobile numbers. The reception of SMS is a service that we offer for free without warranty in addition to the paid services of our DID numbers.
16.2.4. In case the customer uses our service to commit telephone frauds or crimes of any kind.
17.1. This Agreement represents the entire understanding between the two parties. No other prior arrangements, representations or understandings, orally or in writing shall have any validity.
17.2. New versions of these Terms and Conditions. Buy Local Numbers reserves the right to modify this Agreement at any time by providing such revised Agreement to the Customer or by publishing the revised Agreement on the Website. If the Customer does not wish to accept this revised Agreement, he is entitled to terminate his account, in writing or by e-mail, with effect from the date on which the revised Agreement would become effective. The continued use of the VoIP service by the Customer shall constitute his acceptance to be bound by the terms and conditions of the revised Agreement.
17.3. Adjustment of the VoIP service. Buy Local Numbers reserves the right to adjust the VoIP service at any time, for example to conform to legal and regulatory obligations. If the Customer does not wish to accept these adjusted VoIP service, he is entitled to terminate his account, in writing or by e-mail, with effect from the date on which the adjusted VoIP service will be provided.
17.4. Ownership. All phone numbers leased and registered to Customer's by Buy Local Numbers remain under Buy Local Numbers's control, and may be reassigned at the termination of this Agreement.
17.5. Changes in Communication Services and Tariffs. Buy Local Numbers retains the right to modify its tariffs for the services it offers at any time. Buy Local Numbers will give a written warning of these changes 15 days in advance.
17.6. Buy Local Numbers's rights and powers under this Agreement are not affected if it fails to or chooses not to enforce any of them at any time. If any part of this Agreement is not enforceable it will not affect the remainder.
17.7. Applicable Law. The Agreement shall be governed by and construed in accordance with US Law.16.8. Competent Court. Any legal proceedings arising out of or relating to Agreement will be subject to the exclusive jurisdiction of the US Courts.
17.9. Both parties agree that they have no joint venture, partnership, or agency relationship as a result of this Agreement. Neither party shall make any offer, guarantee, or warranty to any third party, in regard to the services, that purports to bind the other party.
18. Acceptable Use of Service
18.1. You may not resell or transfer the Service or to another party without our prior written consent.
18.2. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, calling cards, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. Buy Local Numbers reserves the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal usage patterns. In such event the amount paid for the suspended service will not be refunded.
18.3. Customer agrees to indemnify Buy Local Numbers against any cost and/or damage and/or expense and/or claim and/or demand, including any made by a third party, arising out of the Customer’s or End User’s use of the service in violation of the Acceptable Use of Services, and all costs relating thereto, all of which will immediately be due and payable.
19.1. Customer acknowledges that the Service may not offer all of the features expected of a traditional phone line. Service may sometimes be unavailable due to causes outside of Buy Local Numbers’s control, for example, due to power disruptions or ISP or broadband connection failures.
19.2. Buy Local Numbers takes steps to ensure maximum accessibility of its DID Numbers to as many mobile and fixed networks as possible through interoperability of Services. However, as Buy Local Numbers relies on the interoperability of services from its local partners in each country for end-to-end connectivity, Buy Local Numbers does not represent nor make any commitment that DID Numbers will be reachable from all mobile and fixed networks.