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1. Scope and Background
Operator One ("Operator One") is an independent international operator
which offers easy to use communication services. These general terms
and conditions apply in relation to the service Operator One Connect,
which is an Internet based telephone service that enables the user to
make international calls to a local number from any phone (the
"Services"). When creating your account at Operator One's websites
(e.g. www.operatorone.com) and applying for the Services, you agree to
be bound by these general terms and conditions (the "Agreement"). The
Agreement will apply even though the use of the Services will require
the use of services provided by a third party (such as your operator),
and even though such service provider's terms and conditions also may
be applicable.
Operator One may renew, modify or amend the Agreement. Such amendments
shall enter into force at the earliest 14 days after the amendments
have been announced by Operator One on its website.
2. Rights Granted
Operator One grants you a non-exclusive, non-transferable right to use
the Services in accordance with the terms and conditions of this
Agreement.
3.Password etc.
When applying and registering for the Services, you must provide true
and accurate personal information and inform Operator One without delay
in the event of changes in your personal information. You must also
choose a password (4-6 digits), which will be required for your access
to the Services. You will be able to view your personal information
online. You may change the provided personal information or your
password.
You hereby undertake to keep the password confidential and not disclose
it to any third party. Any action taken as a result of access to, or
use of, the Services with your password will be your responsibility and
you will also be liable to Operator One for all such use.
4. The Use of the Services
You agree to comply with the terms and conditions of this Agreement and
only use the Services in accordance herewith. You may use the Services
for your own use and to the extent provided in this Agreement only.
Furthermore, you shall ensure that the use of the Services:
- does not cause damage or other inconvenience to Operator One
or any third party;
- does not cause disruptions on the Internet, telephone networks
or the Services;
- is not used in a commercial manner, e.g., as an inter-connection interface
or in any operator business;
- does not infringe or violate Operator One's or any third party's copyright or
other intellectual property rights; or
- is not contrary to any law or regulation or decision issued by public
authorities.
The phone numbers provided by Operator One do not and are not intended
to support other communication than regular calls, i.e. voice. By using
the Services on the website you may be able to send SMS messages.
5. Data Protection
Operator One is the controller of the personal data, such as name and
telephone number, that you submit when applying and registering for the
Services.
Your privacy is important to Operator One and we take great measures to
safeguard the ways in which any information you provide is used.
Operator One will process your personal data in order to, for example,
comply with applicable legal requirements or governmental request,
fulfil the obligations under this Agreement (i.e. provide the Services)
and for payment administration.
Operator One will also use your IP address to diagnose our server
problems and to administrate the Services. Your personal data may be
stored and processed in Luxembourg or any other country in which
Operator One or its affiliates, subsidiaries or agents maintain
facilities. Your personal data may be transferred (through Internet
based communication) to other entities or governmental authorities,
which may be located outside the European Union. Your personal data may
also be accessible and visible to other users of the Services.
When applying and registering for the Services, you consent to the
processing and use of your personal data in accordance with the above.
You have once per year a right to request information on the personal
data processed by Operator One, and may at any time demand that
incorrect information is amended. You may also, at any time, withdraw
your consent (however not retroactively). Such notification shall be in
writing and sent to the address stated in section 17 below.
6. Security of your personal information
Operator One uses advanced security technologies and procedures to
protect your personal information from unauthorised access. Your
details are stored on computer systems with limited access in
controlled facilities, and credit card numbers and passwords are
protected with Secure Socket Layer (SSL) encryption when transferred
over the Internet.
Your password helps to protect your accounts and personal information,
and therefore it is your responsibility to keep your password
confidential. Do not share it with anyone, and make sure you sign out
before leaving the website.
7. Operator One's Provision of the Services and Liability
Operator One shall provide the Services in a professional manner and in
accordance with the Agreement. Operator One shall be entitled to retain
sub-contractors for the performance of its obligations pursuant to the
Agreement, but shall bear primary liability for such sub-contractor's
work.
You shall be entitled to compensation for direct damages due to
negligence by Operator One. Such compensation shall in no event include
indirect damages such as loss of profit of other consequential losses.
Since the Services may be transmitted through the Internet and by the
use of telephone networks, Operator One cannot guarantee that the
Services will function error-free and without disruptions, delays or
other imperfections. Hence, Operator One does not make any warranty
regarding the Services and disclaim any implied warranty. Operator One
shall in no event be liable for damages arising as a consequence of
operational problems relating to the Services, such as interrupted
calls or calls that cannot be made. In addition, Operator One will not
be liable for any type of communication spread by means of the Services
or for the content of data or loss thereof. The Services are not
intended to support or carry emergency calls and Operator One is not
liable in any manner for such calls.
Even though the Services are designed as to make bugging impossible,
Operator One does not guarantee that no authorised bugging may take
place.
Operator One's liability and the liability of any of our
sub-contractors shall in no event exceed Euro 100. The limitation of
liability above shall not apply in the event of intentional misconduct,
gross negligence or liability pursuant to mandatory law.
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8. Suspension etc.
Operator One shall be entitled to limit the availability of the
Services to the extent necessary for expansion or otherwise for
technical, maintenance or operational purposes. Operator One shall, in
such cases, endeavour to minimise the interruption period and take the
measures necessary in order to cause the least possible inconvenience
to you. To the greatest extent possible, Operator One shall inform you
of any planned interruptions.
Operator One may choose not to provide services to countries or calling
areas at its sole discretion. In addition, at any time Operator One may
prevent use of the Services for any reason, including but not limited
to, fraudulent calling patterns, excessive usage, billing
irregularities and unlawful use.
9. Intellectual Property Rights
This Agreement shall not entail that any copyright or other
intellectual property rights are assigned to you. All copyright, trade
marks, patents and other intellectual property rights in any material
or content contained in or accessible via the Services is either owned
by Operator One or has been licensed to Operator One by the rights
owner(s) for use as part of the Services.
10. The Rates
There are two costs for each call, the local part and the international
part. The use of the Services requires a working connection to the
public telephone network and the Internet. Such local access is not a
part of the Services. The party making the local call is responsible
for the costs for the local access in accordance with the terms and
conditions applied by your telephone or Internet provider.
The international part of the call is paid for by the Service
subscriber. If the person dialing the number is not an Operator One
Connect subscriber, you will have to pay for the international part of
the call.
The currently applicable rates for the Services are provided at
Operator One’s websites (e.g. www.operatorone.com). Unless stated
otherwise, all prices are in Euro and shall be exclusive of value added
taxes (VAT). Operator One has the right to amend the applicable rates
at any time. If the rates are increased, such amended rates shall enter
into force at the earliest 14 days after Operator One (on its website)
has announced that an increase is contemplated.
11. Payment
Payments are made at the website, in accordance with the procedure
there provided for. The Services are mainly pre-paid by on-line
accounts (the "Accounts").
Operator One may also offer an automatic recharge function. The
automatic recharge function means that when your Account balance is
below a certain level, your Account will be automatically recharged up
to a certain pre-selected amount.
Operator One will refund your credit balance in the event you terminate
your Services pursuant to the terms set forth below or in the event
that Operator One terminates this Agreement without cause. You may
request for a refund by contacting Operator One's customer services at
the address set out in section 17 below. Refund requests carried out
through other means shall not be eligible for the refund. For the
avoidance of doubt, no refunds shall be given for services paid or
credit acquired through discounts or vouchers. Operator One reserves
the right to deny repetitive refund requests.
An administrative fee of up to 10 Euros may be charged for any refund.
Operator One may provide an account history on the websites that
includes information about your Account activity, payments, calling
history (during a limited period of time), and your current Account
balance. If you believe that Operator One has over-charged you or if
you believe that the balance of your Account is incorrect in any way,
you must notify Operator One at the address stated in section 17 below
and request a refund. Any claim must be made within a reasonable time
after the reason for the demand was discovered.
12. Termination
The Services will be provided, and this Agreement applies, until
further notice. However, the Services will automatically expire 6
months following your last chargeable use of the Services.
You may terminate the Services at any time, and such termination shall
be effected five business days after Operator One receives the notice
of termination. Operator One may terminate the Services at any time,
and such termination shall be effected 30 days after notice of
termination has been sent.
Operator One may immediately terminate your access to the Services,
and/or block your access to certain parts of the Services, if you
commit a breach of the Agreement or use the Services in a way that
cases material damages to Operator One or any third party. This also
applies if there is reason to believe that you will not pay outstanding
dept on your Account. In the event of a termination with cause, you
will immediately be suspended from using the Services and any amount at
your Account will be lost (i.e. pre-payments will not be refunded).
13. Force Majeure
Operator One and you shall be released from liability pursuant to this
Agreement provided the loss or the omission is due to an event beyond
the party's control ("Force Majeure Event") and the event prevents,
significantly obstructs or delays the performance thereof. The
aforementioned shall also apply where the loss or the omission is due
to late deliveries from Operator One's sub-contractors which have been
caused by a Force Majeure Event.
Force Majeure Event means, inter alia, acts or omissions by public
authorities, newly-enacted or amended legislation, labour conflicts,
blockades, war, riots, sabotage, extreme weather conditions, lightning,
fires, explosions, floods, natural catastrophes or accidents.
14. Assignment
Operator One may assign all or part of the Services without your
consent. You may not assign any part of the Services.
15. Disputes
This Agreement and the Services shall be governed by and construed in accordance with the laws of Luxemburg without giving effect to the conflict of laws or provisions. Any dispute, controversy or claim arising out of or relating to this Agreement or the Services or the breach, termination or invalidity thereof shall be finally settled by Luxemburg courts.
Luxemburg authorities may assist you with a dispute towards Operator One. Information about this is found on the following web page:.
16. Entire Agreement
This Agreement supersedes all prior agreements and understandings,
written and oral, between you and Operator One with respect to the
Services and constitutes the entire agreement between us.
17. Contact Information
Operator One SA
1, rue Goethe
L-1637 Luxembourg City
Fax: +352 208 801 79
E-mail:
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