Terms & Conditions
Acknowledgement.
By using the service, purchasing software or other products, you signify your irrevocable acceptance of these terms & conditions. You also agree to ensure that anyone who uses this account and/or software, also abides by the terms & conditions. SiPalto Ltd has the right to revise the terms & conditions at any time without providing notice to its users.
Rule Modification.
Periodically, changes in these terms may be required to comply with regulatory or business requirements. Such changes will be published on the company website www.sipalto.com, and notifications may be sent to you via email, depending on the nature of the change.
Continued use of SiPalto products and services both before and after such changes, signifies irrevocable acceptance to the terms & conditions.
SiPalto reserves the right to change, modify, suspend or discontinue any portion of the service at any time. SiPalto may also impose limits on certain features or restrict your access to parts or the entire service without notice or liability.
Eligibility.
The service and equipment is intended solely for business use, by companies registered in the United Kingdom. Customer representatives must be 18 years of age, or of legal age to enter into a binding agreement; and have the right, power, and authority to enter into this agreement on behalf of the company, governmental organisation, or other legal entity to bind such organisation to these terms. By accepting these terms, you signify that you meet these qualifications of eligibility.
SiPalto may refuse to offer the service to any person or company, and may change our criteria for eligibility, at any time, at its sole discretion. All new customer registrations are subject to fraud prevention checks and SiPalto retains the right to terminate your account and your rights to use the SiPalto products and services for any reason including but not limited to our belief or suspicion that any registration data you provide is or becomes untrue, inaccurate, not current, or incomplete. SiPalto’s decision in this matter is final.
SiP Cloud Essential is a service limited to a maximum of 5 users only, customers that require more users or increased features will need to upgrade your account to SiP Cloud Professional or SiP Cloud Enterprise services. SiP Cloud Professional and SiP Cloud Enterprise services have no upper user limit.
Services.
In providing services, we 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.
By accepting these terms you accept that:
We cannot guarantee that the services will be uninterrupted, secure or error-free; or that any data generated, stored, transmitted or used via or in connection with the services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
We do not provide a back-up of your data or guarantee the integrity of your data, however, we will use our reasonable endeavours to provide copies of data for disaster recovery purposes.
We may have to suspend the services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
By purchasing our services you confirm that you understand that the services:
May not offer all of the features you may expect from a conventional phone line; and may sometimes be unavailable as a result of things over which we have no control, for example, the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection and you understand that in such circumstances all services (including 999/112 public emergency call services) may also be unavailable;
May not connect you to the public emergency service and if we do, may not provide your phone number and location details to the operator if you make a public emergency services call. You will have to provide your location information and phone number verbally to the operator.
Use of Service.
By accepting these terms, you are agreeing NOT to allow through your actions, or those of another, the use of services from SiPalto for unlawful or illegal purposes; including but not limited to making offensive, indecent or prank/hoax calls, allowing others to do so, using the services fraudulently, to commit or further a criminal offence.
You are agreeing NOT to cause damage to this or any other communication or data system, and you fully indemnify SiPalto against any liabilities (including such things as legal expenses, losses, costs, claims and damages), brought about by your action or inaction in violation of this agreement.
You may NOT submit or publish through SiPalto any materials that are libellous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You will comply with all reasonable instructions provided by SiPalto in relation to the service.
Acceptable Use Policy.
If we deem your usage during any single month not to be within normal business use, we reserve the right to suspend, restrict, change or cancel your SiPalto service at our discretion.
The SiPalto service has been designed assuming average usage levels consistent with data as identified through established telecom industry levels. In order to protect the average utilisation levels we have set upper limits which may be subject to change. These upper limits are described here.
The SiPalto acceptable use policy ("AUP") specifies the following limitations:
1. Re-supplying or Re-selling
When we provide you with the service and any associated software, it is for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the whole or any part of the service or the associated software to anyone else.
2. Fax Broadcasting
The service cannot be used for fax broadcasting, fax blasting or bulk faxing to send fax messages to multiple recipients at one time.
3. Auto-Dialling
The service cannot be used for auto-dialling or predictive dialling, or the systematic dialling of telephone numbers for telemarketing or any other purpose.
4. Spam over Internet Telephony
The service cannot be used in any way to generate, distribute or otherwise for SPIT (spam over Internet telephony) or VAM (Voice / VoIP spam).
5. Unlawful Use
You will not use the service, and will take all reasonable precautions to ensure that no one (including you) uses the service in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our acceptable use policies located here. We reserve the right to make an administrative charge as a result of abuse of any acceptable use policies.
6. Upper Limits
The upper limits per user for any call bundle package applied is 2,000 minutes in any month.
7. Valid UK Numbers
All accounts must use a valid UK number supplied by, or ported in to SiPalto as an outbound display number. We do not permit anonymous outbound calling in any way on the system.
8. Onsite PBX / SIP Trunking
Connecting an Onsite PBX or SIP Trunking enabled PBX to the SiPalto network is strictly prohibited and will result in your service being suspended. Any remaining pre-paid credit balance on your account at the time of suspension will be non-refundable.
9. Number Porting
You agree not to attempt to port a SiPalto supplied telephone number to another service provider within the first 90 days of signing up to a SiPalto VoIP service.
The above items are not an exclusive list. We will consider each potential abuse of our acceptable use policy on its own merits when considering whether your usage is allowable.
In reaching a decision to suspend or terminate your service SiPalto will review the activities on the account and compare your usage and calling patterns to the average usage and calling patterns of all its customers.
Depending on the form of abuse detected, your account may be suspended or permanently terminated.
If you are removed from service before the end of your contract you will be liable for all remaining costs and any pre-paid credit balance remaining on your account will be non-refundable.
Limitation of liability.
SiPalto will not be liable to you either in contract or tort (including negligence) or otherwise for any damage, cost or expense, loss of or corruption of data, loss of profits or production, loss of operational time, goodwill, contracts or anticipated savings or any indirect or consequential loss caused by the interruption, delay, suspension, non-delivery, packet loss caused by the interruption of the services the downloading or use of the software or any event beyond our control including the act of any network operator or third party.
SiPalto expressly excludes any warranty as to the suitability, quality or reliability of the services or the software that they will be fit or suitable for your purposes. You agree that the limitation of liability in this agreement is appropriate. These limitations do not restrict or limit your rights as a consumer.
SiPalto will have no liability for equipment (including phone hardware), goods and/or services provided by third parties or for any type of loss or damage which is the result of any act or omission of any third party (including, without limitation, engineers from BT Openreach or any similar entity).
You may contact SiPalto at any time by using the contact details given on the website www.sipalto.com. If a court of competent jurisdiction holds any part of this agreement as unenforceable then the rest of the agreement shall remain in force to the maximum extent permissible by law. SiPalto shall not be liable to you for the loss of the services caused by an event beyond our reasonable control including but not limited to any fault in or suspension of the network of any third party, any act of God, lightning damage, fire, power failure or any loss or change to or loss of telecommunications equipment or any act of any authority or third party.
Unsupported Hardware.
Unsupported hardware refers to hardware that SiPalto has not tested in conjunction with our services, and for which we offer no undertaking, commitment or assurance as to its compatibility with our services or whether that device will function as intended or at all.
Unsupported hardware may be covered by a manufacturer’s warranty, but we will offer no assistance or support and will have no liability in connection with, any unsupported hardware.
Any phones, routers or other devices that have not been purchased from us will be treated as unsupported hardware. In some cases, some support articles on the SiPalto knowledgebase may be available to assist you in using the device, but the application of the article’s content to the device in question may be limited. Any use of our knowledgebase articles in connection with unsupported hardware is entirely at your own risk and SiPalto will have no liability to you whatsoever in this regard.
Duration and Termination.
SiPalto SiP Cloud Essential services are provided subject to an initial contract period of 1 month and shall continue thereafter on a rolling monthly basis, subject to 30 days written notice cancellation period.
SiPalto SiP Cloud Professional services are provided subject to an initial contract period of 12, 24 or 36 months and shall continue thereafter on a rolling monthly basis, subject to 30 days written notice cancellation period.
SiPalto SiP Cloud Enterprise services are provided subject to an initial contract period of 12, 24 or 36 months and shall continue thereafter on a rolling monthly basis, subject to 30 days written notice cancellation period.
Prepaid Calling Credit. Upon cancelling your SiPalto service any remaining pre-paid call credit on your account will be non-refundable.
If you choose to cancel your SiPalto service whilst still within the contract term you will continue to be liable for the full amount owed within the contract term.
You are entitled to cancel your contract at any time with more than 30 days notice before the contract end date in order for the contract to end on the exact contract end date.
Either party may terminate this agreement (as regards to some or all of the services) following the initial contract period at any time for any reason by giving to the other 30 days written notice.
We may terminate this agreement (as regards some or all of the services) or suspend some or all of the services immediately on written notice:
- if you breach any the terms and obligations under these conditions and, if remediable, having received from us a written notice stating the intention to terminate these conditions if not remedied, fail to remedy the breach within 14 days;
- if you are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or you enter into any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or
- if we are required to do so by a competent or regulatory authority.
On termination of this agreement or suspension of services for any reason:
- we will immediately stop supplying, and will terminate access to, the relevant services. This may involve irretrievable damage to or loss of data generated, stored, transmitted or used via or in connection with the services and / or we may destroy any such data;
- all licenses granted by us to you will terminate;
- any fees due remain payable and, if already paid, will be non-refundable.
- your accrued rights and liabilities will be unaffected.
Refund & RMA Policy.
Equipment Purchase. SiPalto will honour their money back guarantee when the Customer has returned all equipment that has been supplied to them.
If you have changed your mind about an item ordered and you wish to return it, you can do so provided you inform us within 14 days of receipt. The item must not be used and must be 'as new' when returned to us. After informing us, you will be issued with an RMA number and a return address. You then have 28 days to return the goods to this address. (Do not return goods to our registered address, this building cannot receive packages and they will be turned away).
Once we have received and reviewed the item, we will issue a refund. All equipment must be returned complete and in its original packaging and in an "as new condition". With the exception of goods delivered incorrectly or that are faulty on arrival, the cost of return carriage is your responsibility.
Jurisdictional Issues.
This service is controlled and operated by SiPalto and the company makes no representation that materials in the service are appropriate or available for use in your location. Those who choose to access this service from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity.
You agree to indemnify and hold SiPalto, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Governing Law.
This service shall be governed by and construed in accordance with the laws of the England and Wales and all parties agree to submit to the exclusive jurisdiction of these courts.
Registered Address.
SiPalto Ltd, Studio 7 Excel Building, 6-16 Arbutus Street, London, E8 4DT