General Conditions

1. General Conditions
The General Conditions for the supply of VoipTel services are applicable in the measure of a determinate product or service or specific groups of customers not subject to any regulated derogations.

2. VoipTel Services
The updated informative documents, the condtions for offers, as well as the VoipTel website issue information about the company and the conditions of specific uses of the single services (products and services) of voipTel. VoipTel may refer to third parties for the services.

Customers have no rights to a particular configuration of the VoipTel infrastructure or the maintenance of services accessible through the same. VoipTel is authorized at any one time to suspend provision of a service without held for reimbursement of same.
VoipTel takes care of the maintenance of its infrastructure. During regular working hours VoipTel attends to the repairs within its sphere of competences, within a reasonable amount of time. IF VoipTel is called to attend to repairs not caused by its own infrastructure, the costs can be charged the customer. In order to repair breakdowns, maintenance work, introduce new technology, etc., VoipTel is authorized to interrupt or limit the operation of the services.

3. Customer Obligations
The customer is responsible to pay the invoices for services or products received within the foreseen terms.
The customer is responsible to maintain in a safe and secure location Username, Password, Login data, etc., and to render it inaccessible to third parties.
For private customers, services and products are destined solely for the habitual use of a private clientele, for business customers solely for the habitual use of a business clientele. Services can be used for particular scopes or to offer of the services of telecommunications, only by written authorization by VoipTel.
The customer assumes responsbilityi for the use of VoipTel services and products conforming to local regulations and the contract. In particular it is considered a violation of the law respectively the contract:

• Unsolicited bulk publicity (spam)
• Importune or harass third parties
• Prevent third parties the use of communication
• Carry out the activity of hacking (attempts to enter computer systems, etc.), espionage of other internet users or their data, and to practice attacks with the fraudulent objectives or
  (phishing)
• Damage or endanger the telecommunication infrastructure or equipment of third parties
• Transmit or make accessible illegal contents

At the presence of signs relative to an illicit use or in violation of the contract, the customer is required to inform VoipTel referring to this.
The customer is responsible for the content of information (language, data in any form) that it has transmitted or elaborated by VoipTel or possibly is made available to third parties.
The customer is responsible for whatever use of its connections, even by a third party. In particular the customer must pay all the amounts invoiced for the use of the services. This is also valid for the services or products purchased or ordered via the connections.
If the customer making available to an underage persons the services purchased from VoipTel, is responsible to respect the laws concerning underage persons. VoipTel, within technical possibilities, can make available solutions to block.

4. Equipping at the Customer’s Location
The customer prepares punctually and at his own expense, the location, the installation, maintenance and the removal (upon termination of the contract) of the necessary infrastructure (equipment, hardware, software, etc.). The utilization of the services presumes the use, by part of the customer, of opportune equipment, in part determined preliminarily by VoipTel. The customer is responsible for the puchase, the configuration and verification to conform to the dispositions by law of his own infrastructure. VoipTel does guarantee to the customer for protection from losses from investments.
For the purpose to execute works of maintenance or optimization respectively extending of its services, VoipTel is authorized to access via telecommunication lines to the customer’s infrasctructure, to have the use of VoipTel services and to examine, modify, update, eliminate present technical data or software.
The customer protects his own infrastructure and data from unauthorized access by a third party. The customer adopts all necessary measures (conform to the technical status), to impede that the infrastructure is accessed for the spreading of illegal contents or in other ways damaging, in particular mass mailing (spam), fraudulent messages such as phishing by email or text message (sms) or to fraudulent websites (for example, false login pages), damaging software (such a virus, Trojans, worms, etc.). Should a customer’s equipment cause damage or compromise a service, VoipTel installations, or the customer use unauthorized equipment, VoipTel can interrupt its services without prior notification nor reimbursement disconnect the customer from the communication lines and ask for reimbursement of damages caused.
Equipment being supplied by VoipTel as a loan or leasing agreement remain the property of VoipTel for the entire duration of the loan or leasing. It is expressly excluded to offer the VoipTel equipment as a pledge or confiscation of the same by a third party. The customer is required to inform VoipTel immediately of any issues involving the VoipTel equipment such as a distraint order, confiscation or foreclosure, and to inform the correct local office of foreclosure and bankruptcy that the equipment is the property of VoipTel. In case of a termination of the contract, the customer is held to return the equipment intact to VoipTel within fifteen days. Should a customer not respect this, then VoipTel has the right to invoice the customer for the unreturned equipment.

5. Prices
Present VoipTel prices and charges are valid. VoipTel can inform the prices and charges immediately prior to a determinate service.
Payment conditions become valid from the moment of activation of services. Even during an eventual suspension of a service, invoicing continues in accordance to the contract. Barring particular legal provisions on telecommunication services, VoipTel enforces a fee for the suspension, the blocking and unblocking.

6. Abuses
If the use is sensitively away from the habitual utilization (clause 3) or there exist indications of illegal comportant or whcich violate the contract, VoipTel has the faculty to recall the customer to a use conform to the dispositions of the law and to the contract, to modify, to limit or to end its supply of services and to end the contract without any prior notice nor reimbursement and eventually to ask for repayment of the damages as well as the exoneration of third parties for eventual demands raised by them. The same is valid for indications of untruthful or incomplete data information of the customer upon signing of the contract or when placing an order.

7. Invoicing and Payment Conditions
VoipTel issues the invoices according to its registered entries. The registrations are considered exact, even if the customer contests an invoice, but from technical and administrative controls by VoipTel no elements prove the inexactness of these registrations.
The amount on the invoice must be paid within the due date stated on the invoice. If no due date is mentioned, it will be considered the date of the invoice plus 30 (thirty) days.
Customer complaints concerning stated charges for use must be notified within than 1 month, after which these cannot be taken into consideration by VoipTel and are intended to be accepted by the customer.
Within the due date the customer can contest the invoice in writing and with a valid motivation. If the customer renounces to contest the invoice, then it is considered accepted. Should the contestations concern only a partial amount of the invoice, VoipTel can request payment of the uncontested part, within the usual payment terms. At the termination of the contract, all unpaid amounts are due (this means also charges remaining up to the end of a minimum service or of an extended one up to the end of the contract.
Each party has the right to present uncontested counter-claims for compensation.
The customer cannot compensate VoipTel claims with eventual counter-claims.
The amount of the invoice must be paid within the due date as stated on the invoice.
If within the due date the customer has not paid the invoice nor has contested it in writing with a proper motivation for the delay, resulting without discussion late, VoipTel, as consented by law, can interrupt the supply of all its services, adopt ulterior measures to prevent greater damages or terminate the contract without any prior notification or reimbursement. The customer assumes to pay the costs that VoipTel must sustain for the late payment. In particular, the customer must co-respond to VoipTel a negative interest of 5 % (five per cent) and an administration fee of CHF 20.00 (twenty). In case of a payment due to a third party, the customer is debited a successive administrative fee for such debt collection.
At the presence of doubts about inobservance of the payment conditions defined in the contract or the suspicion that the debt collection encounters difficulties, VoipTel can insist for a payment in advance and a security deposit. Should the customer not pay in advance or not issue a guarantee, VoipTel can adopt the same measures defined for a late payment. For the guarantees in the form of a deposit, no interests are corresponded.
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In the presence of a strong increase of the taxes for use, VoipTel is authorized but not obliged to inform the customer. In the case of suspected abuse or doubt about the willingness or the capability of payment by the customer, VoipTel can stop services or ask for guarantee.
For the products and services addebited on the telecommunications invoice, it becomes applicable Clause 7 (excluding the various legal dispositions) even if VoipTel collects solely on behalf of a third party.

8. Phone Numbers and Other Address Means
There exists no right to the attribution or maintaining of a specific telephone number or other address means (for example, an IP address). VoipTel makes these available for the customer to use. These do not become the property of the customer nor can these be sold, pledged, inherited or transferred to a third party in any way, without the express approval of VoipTel. VoipTel can retrieve or modify these without any reimbursement, should bureaucratic or business or technical reasons necessitate it or in case of contestations between private persons due to the phone numbers. With the exception of portability to another operator, at the termination of use of the relative service the address means return to be the property of VoipTel and can be assigned other customers.

9. Data Protection
Concerning the treatment of data, VoipTel follows the legislation in force, in particular, that in r4elation to telecommunications and data protection. VoipTel picks up, memorizes and elaborates necessary data solely to supply the services, take into account and maintain good relations with the customers and in particular to guarantee an elevated quality of services for the security of business and the infrastructure as well as for invoicing.
A customer accepts that VoipTel

• during the stipulation and conclusion of the contract, can ask for information about the customer or transmit to a third party data relative to the economic situation
• for the sake of a funds control, data can be transmitted to a third party
• can elaborate the customer’s data for marketing purposes, in particular for the creation and development of services conform to specific requirements and for customized offers, and that his data can be elaborated for internal use at VoipTel for the same purposed
• the customer has the right to limit or prohibit the use of his data for marketing purposes

10. Intellectual Property
During the duration of the contract the customer has the inalienable but not exclusive right to the commitment and the use of services and products. All rights concerning existing intellectual property or those resulting through the contract concern the services and products of VoipTel, belong to VoipTel or authorized third parties. Should the customer violate the rights of third party intangible assets, this is required to protect VoipTel against any claims by the third party.

11. Limitations / Guarantees
VoipTel shall do the possible to guarantee a high availability of its services. It can not, however, guarantee the functioning without interruptions or disturbances of the proper infrastructure and its services.
For the voice and online data traffic on third party lines or with connection to third party lines, there exists no assurance or guarantee for the availability, the quality, the service or the support. VoipTel adopts preventive measures to protect its lines from interference by third parties.
It cannot, however, offer any guarantee that

• the line infrastructure is totally protected from access or interference by unauthorized parties
• the acts of spamming, damaging software, spyware, hacking, DOS, DDOS or phishing attacks etc. disturb the use of the service, damage the infrastructure (for example, terminals, computers) of the customer or compromise them in any other way.

VoipTel is authorized to control the integrity of the security measures of the equipment connected to the communication lines, to insert filters and to adopt other measures to protect the VoipTel infrastructure, that of the customer and the third parties, from illegal contents or software o in other ways damaging and to block of illegal or unsuitable contents for underage persons. VoipTel cannot assume any responsibility for
- contents transmitted or elaborated by the customer or made accessible to third parties
- contents that the customer receives via the communication lines
- the exactness, the completeness, the actuality, the legality, the functionality, the availability, the punctual delivery of information written by third parties, available at third parties
respectively made accessible by VoipTel services.
Should the customer change location, VoipTel cannot guarantee identical services at the new location.

12. VoipTel Responsibilities
In case of breach of contract, VoipTel answers to the customer for the proven damage, if it is proved that VoipTel is at fault. Responsibility is excluded for damages caused by light negligence. For material and financial losses VoipTel answers per claim case, up to the counter-value of the services during the previous year of the contract, however only up to a maximum of CHF 5’000 (fivethousand).
The responsibility of VoipTel for future damages, lack of income, loss of data, damages caused by proven downloading is excluded in any case (within what is legal). Furthermore, VoipTel does not respond for damages caused by use of its services not conform to the law or the contract.
VoipTel does not respond if the contracted services become temporarily interrupted, entirely or partially limited or made impossible by force majeure. Specifically reasons for force majeure also includes electricity cuts and the appearance of damaging software (such as a virus attack).
In the event that the customer uses the line connections to acquire products or services by third parties, VoipTel is not the contractual partner for these acquisitions except when there is a specific agreement between the parties. VoipTel does not assume any responsibility nor supplies any guarantees for products or services ordered or acquired in this manner, not even when claiming for third party invoices.

13. Duration and Termination
This contract has indeterminate validity and is renewable year by year. A termination of the contract is possible at the end of every year with a prior notification of three (3) months.
The termination must be advised in writing, except if VoipTel accepts in single cases a termination in another way.
For single services, other contractual documents can foresee a period of minimum length or extension. During these periods it is not possible to make modifications to the service packs requested by the customer or such modifications are effected against payment to the relative costs defined by VoipTel.
If during the period of minimum or extended validity the customer terminates the contract (termination in advance) or if VoipTel resolves in advance one of the services as per terms in Clause 7, the customer is debitor to VoipTel for the residuals up to the date of the termination of the minimum period validity or for the period of extension. Eventual derogative regulations are excepted. In case of advance resolution by VoipTel for motives different than those of Clause 7, the customer does not owe to VoipTel for any residual.

14. List of Services Available
VoipTel can make available, in an appropriate way, to the customer a list of the services concerning all or particular services of which the customer uses through VoipTel. If the customer does not request the correction of wrong information stated in the list within thirty (30) days, the latter becomes an integral part of the contract. If the list of services is noticed to be in error, VoipTel can make corrections.

15. Modifications
VoipTel reserves the right to adapt at any given moment the prices, the services, the special conditions and the conditions stated in an offer. If VoipTel increases disproportionately prices and creates financial problems for the customer or modifies a service, which the customer uses a lot, to the disadvantage of the customer, the customer can terminate in advance said service, within the date of activation of the modification without suffering financial consequences. To the contrary, the modifications are considered accepted. Adjustments of the prices due to the changes in rates of taxation (for example, increase in the value added tax) and price increases by third party operators (in particular in cases of services with obligatory value added taxation) are not to be considered price increases and do not authorize a termination. If the prices decrease, VoipTel can adjust contemporarily the discounts prior to such a reduction.
VoipTel reserves the right to modify at any given time the General Conditions. If the modifications are to the disadvantage for the customer, the same has the right to terminate in advance the contract with VoipTel without suffering any financial consequences To the contrary, the modifications are considered accepted.

16. Transfer of the contract
To transfer the contract or any rights and duties of the present contract, it requires the written consent of both parties concerned. VoipTel is authorized to accept, verbally, the change in holders of contracting parties. In any case, VoipTel has the faculty to cede the present contract or single rights or duties in the same contract, without the consent of the customer to another business. Furthermore, for reasons to collect any debts, VoipTel is authorized to transfer respectively cede to a third party contracts or credits without the consent of the customer.

17. Location of Jurisdiction
The contract is governed by the Courts of Lugano.