Terms of service for Redspot IP telephony services

Version 1.8.2

 

Chapter 1 - General about the agreement

1. Scope

1.1. These general conditions apply to Redspots delivery of telephone services over the Internet, and deviations from these must be agreed in writing to be valid.

1.2. The product supply agreement is covered by these conditions and the conditions set out by or between other telecommunications operators.

1.3. The individual services below are described on www.redspot.info

• Flat Rate Denmark
• Flat Rate Scandinavia+
• Flat Rate World (formerly Europe+)
• Basic
• Basic+
• Business 4, 8, 16 and 32
• SIP Trunk
• PBX Standard
• Extra number
• Redspot Supplementary Services

1.4. Amounts shown in currencies other than Danish kroner (DKK) are shown for information only and will vary in line with exchange rate fluctuations.

1.5. These conditions are translated from the original Danish conditions. In the event of a conflict between this translated page and the Danish original, the Danish page shall take precedence.

2. Agreement

2.1. The agreement includes access to voice telephony and/or data services over Redspots Net.

2.2. The customer also has the opportunity to subscribe to Supplementary Services. Order, respectively termination of supplementary services is made by contacting Redspot. The individual services are evident from independent product sheets.

2.3. The agreement is concluded by contacting Redspot. The information provided by the customer will f.x. be used in connection with the agreed performance, by billing and recovery and possibly when reporting to credit information agency. If Redspot later detects change of customer name, address or the like on the basis of data from central Personal Registers. The transfer of an agreement can only take place after Redspots prior acceptance.

2.4. The customer is only entitled to undo the agreement under the circumstances set out in the Consumer Agreement Act. Regret must be made when sending announcement to Redspot within 14 days of receipt of the order confirmation. However, the right of withdrawal does not apply if the customer has taken the service in use by activating it.

2.5. Redspot reserves the right to make credit investigation of the customer. In consumer conditions, a credit limit is DKK 2000, unless otherwise agreed in writing. Redspot is eligible to change the assigned credit limit as a result of a subsequent credit rating.

2.6. Redspot can, throughout the agreement, require the Customer to provide security for its obligations when this is justified by the customer's relationship. Deposit is not interested and the customer is obliged to hold all collateral expenses. Instead of collateral, Redspot can restrict or reject the Customer's use of certain services.

2.7. The agreement is only considered finally concluded when Redspot has approved the agreement and received any collateral.

2.8. Redspot is entitled to freely transfer the customer relationship in its entirety to third parties, just as Redspot is entitled to fulfill its obligations in accordance with the agreement using subsidiaries or business partners of Redspot's choice.

3. Prices

3.1. The prices applicable at any time can be seen on Redspots website: www.redspot.info.

4. Notice

4.1. Redspot can change these general conditions without notice if the changes position the customer better. Otherwise, Redspot can change these conditions with a notice of 1 month. The customer then has the opportunity to terminate the agreement with a notice of at least 14 days, but most recently with effect from the time the change comes into force.

4.2. For major changes to these conditions, the customer will be notified by email. Minor changes to the terms, supplementary services, prices, etc. can be communicated to the customer via www.redspot.info.

5. Customer Service and Error Handling

5.1. Via "My Account" at www.redspot.info Redspot makes a personal website available to the customer so that the customer can retrieve relevant information, for example, about accounting details. Customer access to "My Account" requires the use of personal password. The customer is responsible for storing the password in a safe way so that it is not available to unauthorized persons.

5.2. All inquiries to Redspot Customer Service are to be on telephone +45 88707070 or via email at [email protected].

5.3. Redspot begins to remedy errors without undue delays after receipt of a error report. If it is found that the error can be attributed to crashes, disorders or the like on transmission paths and equipment of another operator, Redspot sends the error message to this operator. If the error is due to errors and deficiencies in the customer's equipment, Internet connection or use thereof, Redspot may calculate a remuneration to cover troubleshooting and eventual errors.

5.4. In troubleshooting, the customer must, if necessary, participate in troubleshooting in its own equipment and installations on the installation address.

6. Redspots Responsibility

6.1. If the customer is exposed to errors, breakdowns or interference in the telecommunications network, the customer may claim compensation for some loss or a proportionate refusal in the agreed remuneration if this amount exceeds DKK 25. There is no compensation in other cases.

6.2. Redspot is only responsible for the customers direct loss, and thus never liabel for operating losses, loss of data or other indirect loss. The claim for damages may not exceed DKK 10000 per. injury case, regardless of the cause or character of the loss.

6.3. Redspot is only responsible for loss or injury as a result of interruptions, interruptions in the telecommunications network or deficiencies in the service, which can be attributed to Redspots or Redspots' grossly negligent or intentional actions or omissions.

6.4. Redspot is not responsible for errors, crashes, necessary operational interventions or disturbances caused by conditions attributable to transmission errors, equipment, etc., which is owned or operated by other operators.

6.5. Redspot is not responsible for interruptions, disruptions or changes to the telecommunications network, or services in the context of measures deemed necessary for technical, maintenance or operational reasons, unless Redspot neglects to limit the disadvantages.

6.6. Redspots obligations under the subscription conditions apply if the fulfillment is not impossible or unreasonably burdensome due to circumstances that are outside Redspots control, such as fire, war, rebellion, strikes, lockout, natural disasters, virus attacks, hacking, authorities demands or the like, and as Redspot not reasonably expected to have anticipated at the conclusion and not without significant costs, could have avoided or overcome - force majeure.

6.7. Redspot also does not be responsible for any person with or without formal access provides access to, acquiesce, destroys, or prejudice the customer's data or information.

7. Customer responsibility

7.1. Customer's equipment is connected via the Internet to Redspot's telephony servers. Access to these servers and settlement of consumption is done via username and personal password. The customer is responsible for storing the password in a safe way so that it is not available to unauthorized persons.

7.2. The customer is committed to maintaining an email address for use in receiving electronic bills and messages.

7.3. For Flat Rate subscription plans, Redspot’s fair usage policy (“FUP”) applies which is designed to prevent fraud and abuse of our products. Redspot’s products are for individual use only in accordance with this FUP (“Legitimate Use”). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:

• Using subscriptions for telemarketing or call centre operations;
• Re-selling subscription minutes;
• Sharing subscriptions between users whether via a PBX, call centre, computer or any other means;
• Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications: and
• Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.

Other practices may be relevant in determining Legitimate Use and Redspot reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Redspot may at its option, terminate or suspend its relationship with you, and your use of any Redspot product immediately, rebill calls at the call rates of Redspot's basic subscription, if it determines you are using the product contrary to this FUP. Prepaid subscription fees are not refunded.

7.4. In certain situations, it is possible for the customer to show a different phone number (Caller Id) for outgoing calls than the number the customer has been assigned by Redspot. It is the customer's responsibility in these situations to comply with any applicable legislation in relation to "Caller Id Spoofing".

7.4.1. If a shown caller id number does not belong in the EU, origin-based rating (OBR) will be applied, which entails an additional charge of DKK 1.50 incl. any VAT per minute. This also applies to Flat Rate subscriptions.

7.5. For Extra number subscriptions, the same conditions apply as for the main number to which they are linked. The main number cannot be an Extra number. Extra numbers have no lines associated with them, apart from those the main number has.

7.6. The number of channels stated in the individual product specifications is the maximum number the customer may use. Redspot has limitations in use, but in certain situations it may be possible to circumvent these. Ultimately, it is the customer's responsibility to make any limitations in its use, equipment or app.

8. Billing

8.1. Redspot is entitled to set up and amending fees, subscription fees, change fees and other usage fees and payment for additional services.

8.2. At the conclusion of the agreement, the establishment fee can be levied. The subscription fee is usually charged in advance, and usage fees as well as other taxes and fees are usually charged behind. In connection with special services and benefits, full or partial prepayment can be provided.

8.3. Amount in Redspots favor less than DKK 25 can be transferred to the next period's billing.

8.4. Billing takes place exclusively electronicaly (via email). When paying, the customer is responsible for indicating invoice and/or customer number directly or indirectly to Redspot. Otherwise, Redspot is entitled to charge a fee.

8.5. If the customer only partially pays a bill containing several items, without specifying what the payment relates to, the payment is depreciated overall on the individual requirements. Redspot can also charge for others of Redspot's services on the same bill or transfer billing to another company.

8.6. Invoice amounts in currencies other than Danish kroner (DKK), are valid until expiry of the payment deadline. Thereafter, Redspot reserves the right to adjust the amount in line with exchange rate fluctuations.

8.7. For late payment, Redspot can charge interest and fees on the amount due with the interest rate in force at any time in accordance with applicable law.

8.9. If the customer has signed up for automatic payment, Redspot will start the collection process immediately after invoicing.

9. Termination

9.1. The customer can terminate the agreement at any time with 1 month's notice until the end of any binding period and the termination must be in writing via email. If the termination takes effect before the end of a payment period for which the customer has received a discount, the customer loses his discount for the entire period.

9.2. If Redspot decides to cease to provide the product, the agreement can be terminated with 1 month's notice. If Redspots right to provide the product is revoked, Redspot can terminate the agreement to simultaneous cessation.

10. Cancellation etc.

10.1. Redspot is entitled without notice to interrupt the customer's connection and in some cases raise the agreement if:

a) The customer does not pay due to subscription and usage fees or other remuneration after receiving reminder letter indicating the final payment deadline and notification on closure by continued non-payment.

(b) The customer stops its payments, initiates chord negotiations, bankruptcy is requested or declared in liquidation or otherwise insolvent or similarly to be presumed not to comply with its obligations.

(c) The customer fails to meet Redspots demands for satisfactory security.

d) The customer connects equipment not approved or otherwise gives rise to interference in Redspots net.

e) The connection is used in a manner that violates Redspots or third parties.

f) A subsequent credit rating shows that there may be justified doubts about the customer's will or ability to a pay.

g) The agreed credit limit is exceeded.

h) Customer does not comply with point 7.3. or 7.4.

In those under d) and (e), cancellation usually only takes place after the Customer is given a notice to remedy the situation and this has been without result.

10.2. If the customer within 1 week of receipt of announcement of repeal brings the relationship that gives rise to the repeal, in order, Redspot reinstates the connection for a fee. A customer who has not paid due debt cannot enter into a new agreement before the amount owed is paid. Redspot is entitled in the event of payment contribution to reporting to the credit information agency under the Processing of Personal Information.

11. Complaints

11.1. In case of disagreement on compliance, including use and payment, the customer can complain to Redspot. The complaint is submitted in writing via email, and Redspot must confirm the reception no later than 14 days after reception. Redspot takes a decision in the complaint no later than 3 months after the complaint has been filed. In special cases requiring special studies, however, there may be up to 6 months before a decision exists.

12. Support

12.1. Redspot supports the apps and products specified on www.redspot.info.

12.2. Redspot does not assume support of apps and equipment that is not directly sold by Redspot or is not related to the service.

12.3. Redspot is eligible to charge for special support services.

Chapter 2 - Connection

13. Installation and delivery

13.1. Redspot has the right to postpone the delivery date, if necessary for technical reasons due to the customer's relationship or delay in other telecommunications operators.

13.2. Subscription to Redspots Telephone Service requires that the customer has unfiltered permanent connection to the Internet without packet loss and with at least 100 kbit/s free capacity, up and downstream, per simultaneous telephone conversation. This agreement does not include the connection itself.

13.3. The customer is responsible for connecting equipment. Any expenditure for this is the responsibility of the customer.

13.4. The customer is not entitled in any way to dispose of (sell, rent, pledge, etc.) Redspots or Redspots subcontractors equipment or installations and must not engage them. The customer must at any time maintain labeling that shows that the equipment or installations belong to Redspot or Redspots subcontractors.

13.5. The customer must only connect equipment approved and meets any special instructions from Redspot cf. product sheets.

13.6. The subscription starts when the customer activates it online. Note, however, that the subscription will be automatically activated/started if the customer has not activated it within 1 month from the date of Redspot sending the welcome/activation email to the customer.

14. Phone numbers

14.1. For use of Redspots subscription services, Redspot assigns the right to phone numbers or uses customers existing phone numbers. The right of use is for every number attached to the customers agreement, and the right of use of the phone number cannot be transferred separately. However, the above does not limit the customer's right to take the number with him by changing telecommunications provider.

15. Technical conditions

15.1. Redspot can at any time make technical changes in his network and its products for the sake of operation, due to unilaterally changed delivery terms from Redspots subcontractors or as a result of claims from the authorities. Information on this to the customer will be given with the longest possible notice.

15.2. Service status information can be found on www.redspot.info.

15.3. Technical interfaces, specifications and quality objectives are disclosed by contacting Redspot.