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Terms of service
Terms and Conditions of Service
This document constitutes an Agreement between Internet Global Services, Suite 1, 78 Montgomery Street, Edinburgh, EH 7 5J Scotland; ECOTELECOM LTD, 103 Sham Peng Tong Plaza, Victoria, Mahe, Seychelles (hereinafter referred to as "E1Telecom" or "Provider") and the Subscriber (hereinafter referred to as "You" or "the Subscriber") who has committed to purchase telecommunication services from E1Telecom. In consideration of E1Telecom opening an account (the "Account") for the Subscriber to purchase and use E1Telecom′s telecommunication services ("Services") You, the Subscriber, agree that use of the Services is subject to all of the following terms and conditions ("Terms and Conditions").

The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

1. TERMS AND DEFINITIONS
The following terms and expressions shall have the following meanings
Agreement: this Agreement, and any new version, between E1Telecom and You, which covers all Your use of E1Telecom Services and Software by You or by third parties. You accept this Agreement by registering on E1Telecom′s website at www.e1tele.com, or by activating the E1Telecom Payment Card
Telecommunications Company: a company which provides telephony and data communications services for the Subscriber.
The (Telecommunications) Service Provider (E1Telecom): the company which offers, promotes and supports telecommunication services provided by telecommunications companies. The Service Provider also manages Subscriber′s account including billing the Subscriber for the Services described in this Agreement. The Services are provided using the "E1Telecom" system.
The "E1 Telecom" System: The Service Provider′s software and equipment, which enable:
a. creation of Subscriber′s account;
b. connections between Subscriber and other parties;
c. storing Subscriber′s data and other information.
The "E1Telecom" System uses telematics, which can be described as a method of sending requests to the system by the means of data transfer, for example, in the form of SMS or GPRS. The system has a web interface available at www.e1tele.com.
The E1Ttelecom Payment Card, Payment Card, or Card: a material object (product) produced and issued by the Service Provider or by other parties on behalf of the Service Provider. The card contains information which can be used to obtain telecommunications services.
The Payment Card Holder: a person who owns the Card and has the right to obtain the telecommunications services from the Service Provider.
The Subscriber: the person who has accepted the Terms and Conditions of this Agreement and entered into a contract with the Service Provider in order to obtain the Services described in this Agreement.
Subscriber′s Account, My Account, or Account: a secure area of the Service Provider website (www.e1tele.com) which contains information about Subscriber′s balance, enabled services, call details and other information. Username and Password: unique identification codes created by the Subscriber upon registration on the Service provider website at www.e1tele.com and used by the Subscriber to access his/her Account.
Telecommunication Services: services provided by a telecommunications company for the Subscriber, including receiving, processing, storing, sending and delivering telecommunication messages. The services are subject to the Terms and Conditions of this Agreement.
The Rates: the calling rates published on the Service Provider website at www.e1tele.com . The rates are used to calculate the amount of Subscriber′s usage charges.
Fees: payments made by the Subscriber for the services provided by the Service Provider, unless stated otherwise.
Intellectual property rights: (i) patents, pending patent applications, designs, trade-marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights. E1Telecom Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by E1Telecom for the promotion of its company, its products and services.

2. THE SUBJECT MATTER
2.1. The Agreement applies to the Subscriber′s use of the telecommunication services provided by the Service Provider. The use of the Services is subject to the payment of all applicable service fees.
2.2. Use of the Services is subject to the Terms and Condition of this Agreement. You are not allowed to assign the Terms and Conditions or any rights hereunder to any third party, except as specified in this Agreement.
2.3. The Rates are published and updated on the Service Provider website at www.e1tele.com.

3. GENERAL CONDITIONS OF USE
3.1. E1Telecom may, without notice, change the Terms and Conditions of this Agreement, as well as the Rates so long as E1Telecom continues to publish the newest versions of this Agreement and of the Rates schedule on its website at www.e1tele.com.
3.2. The Service Provider may suspend your Account and Services, if your account shows a zero balance. Your Account and Services will remain suspended until you deposit sufficient funds into your Account.
3.3. If you have not used the Services and/or your Account has been inactive for a period of six months or more, E1Telecom has the right, at its sole discretion, after the six month period, to terminate this Agreement without notifying the Subscriber.
3.4. The Service Provider will provide the Services for the Subscriber in accordance with the Terms and Conditions of this Agreement.
3.5. E1Telecom agrees to notify the Subscriber of any changes to this Agreement and the Rates schedule by publishing the changes on its website at www.e1tele.com at least three days before these changes become effective.
3.6. The Subscriber will receive the refund of those fees which were mistakenly charged due to the billing system malfunction. The malfunction has to be verified by E1Telecom′s designated personnel.
3.7. The Subscriber can use the Services in accordance with the Terms and Conditions of this Agreement.
3.8. You must bring inquiries and disputes regarding the Services or Service Fees to E1Telecom′s attention within three days of the date of the disputed charge or event. Any such notices and communications from the Subscriber will be effective only if presented to, and received by, E1Telecom in writing and via email. Such notices sent to E1Telecom by the Subscriber must be also confirmed by return email by E1Telecom, to be effective.
3.9. The Subscriber agrees to be bound by the Terms and Conditions of this Agreement.
3.10. The Subscriber will be responsible for the actions and activities of any party who uses the Services using the Subscriber′s Username and Password, whether or not such person used the Username and Password with the Subscriber′s consent or knowledge.
3.11. The Subscriber agrees to use the Services only for lawful personal purposes and shall not use the Services for any purpose which may be construed to be a nuisance.
3.12. The Service may not be resold to others without the express written permission of E1Telecom.
3.13. E1telecom grant bonuses in accordance with internal policies. E1telecom has the right to refuse to grant a bonus without explanation. E1cotelecom reserves the right to remove any bonus funds from a user account at any point and without liability and without notice.

4. COMMENCEMENT OF SERVICES AND CONTRACT TERM
4.1. This Agreement becomes a legally binding contract between E1Telecom and The Subscriber when the Subscriber registers on the Service provider′s website at www.e1tele.com, or activates the Payment Card, and receives the confirmation of registration in a form of an email or SMS message.
4.2. Your registration on the Service Provider′s website or activation of your Payment Card shall constitute your acceptance to be bound by the Terms and Conditions of this Agreement.
4.3. The Subscriber can obtain the Services from E1Telecom after the Subscriber has registered on the E1Telecom website, or activated the Payment Card, and received the confirmation of registration in a form of an email or SMS message. In order to activate the Card The Subscriber must send an SMS message containing the activation code, or any other combination of digits, letters, or symbols printed on the Payment Card, according with the instructions printed on or attached to the Card.
4.4. The Payment Card cannot be activated if it has reached its expiry date.

5. CHARGES AND PAYMENT
5.1. Fees and Charges
The Subscriber agrees that the Services are provided subject to the payment of, and that the Subscriber shall pay, all subscription fees, applicable usage charges ("Usage Charges") and other fees, together with all taxes and charges, (collectively, the "Service Fees", or "Fees"), identified to the Subscriber. The most current schedule of fees will be determined by E1Telecom and published on the E1Telecom website at www.e1tele.com. The Calling Rates posted on this website do not include taxes. E1Telecom may change the Service Fees from time to time at its sole discretion.
5.2. Responsibility for Charges
You are responsible for all charges incurred under your account, including but not limited to, subscription fees, usage charges, taxes, interest, purchases, and surcharges regardless of who used the Services, or the location of the person whose use of the Services resulted in such charges, or the method used to access the Services. The Subscriber is responsible for paying all charges for the Services, including for all calls and services: (i) made via your telephones or telecommunications systems; (ii) made using any personal access number assigned to you; (iii) which are charged to your account, whether or not such use of the Services was with the Subscriber′s consent or knowledge.
5.2.1. You are responsible for the security of your Username and Password, activation or verification codes, personal access numbers and access to your telephones and telecommunications systems. You have acknowledged that you are the person authorized to subscribe for the Services.
5.3. Call Duration
5.3.1. Call duration is the period of time starting at the moment when the called party answers the call and ending when the call is disconnected. Call duration will be determined conclusively by Service Provider′s network systems. 5.3.2. Some calls ordered by the Subscriber may require multiple connections. In this case the usage charges will apply to each of the connections established during the call.
5.3.3. The usage charges are calculated based on the duration of a call, starting from the 1st second after the call is answered and until the call is disconnected.
The call is considered started when:
1) The called party answers the call
2) The call is answered by a voicemail
3) The call is received by a modem or fax in auto answer mode
5.4. Usage Charges and Billing Increments E1Telecom reserves the right to determine the billing method.
5.4.1. Usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on the Service Provider′s website at www.e1tele.com .
5.5. If there were no usage charges during the billing period, a subscription fee will apply, provided that such fee is included in the rate schedules found on the Service Provider′s website at www.e1tele.com.
5.6. The call details will be available to you after you register on our website at www.e1tele.com.
5.7. Deposit and Unused Balance. E1Telecom reserves the right to require a deposit before it provides, continues, or reinstates Services to you. The deposit will be applied against the Service Fees payable by the Subscriber. All subsequent fees will be charged against your remaining balance. Even if this Agreement is terminated, the unused balance will not be returned to you.
5.8. The Subscriber will pay E1Telecom, or its Authorized Reseller, all Service Fees using one of the payment methods listed on the Service Provider website at www.e1tele.com.
5.9. By providing Credit Card information for payment of the Service Fees to E1Telecom, the Subscriber expressly authorizes E1Telecom to charge the Subscriber′s Credit Card (and any replacement Credit Card) and to collect any outstanding amounts owing or fees owed by the Subscriber to E1Telecom. It is the Subscriber′s responsibility to ensure that the billing information provided to E1Telecom, including Subscriber′s address and Credit Card or other billing information, remains current at all times. Subscriber agrees to notify E1Telecom of any changes to Subscriber′s billing information forthwith.

6. THE "E1 TELECOM" PAYMENT CARD
6.1. The Payment Card has a serial number and a unique card number. These numbers are printed on the Card.
6.2 The Cards are made by the Service Provider.
6.3. The Payment Card contains:
6.3.1. The registered trade-mark of E1Telecom;
6.3.2. The Card number;
6.3.3. Activation code protected by a scratch-off coating;
6.3.4. Service Provider′s Access Number or any other type of access (gateway) which is used to deliver the Services to the cardholders;
6.3.5. Short instructions on how to activate the Card and use the Services;
6.3.6. The Card expiration date;
6.3.7. Any other text or images if required by E1Telecom.
6.4. Counterfeit card is the card which was produced and issued without the knowledge of and written permission from E1Telecom. Counterfeit card also means a card which is fictitious, altered, or forged and includes any false representation, depiction, or any such card which is stolen, obtained as part of a scheme to defraud, or otherwise unlawfully obtained.
6.5. The owner of a counterfeit Card will not be recognized by E1Telecom as a true Payment Card Holder and has no rights whatsoever to neither activate such a card nor obtain the Services from E1Telecom.

7. LICENSE AND RESTRICTIONS
7.1. You acknowledge and agree that all and any rights, title, interest, and all Intellectual Property rights (whether registered or unregistered) to the E1Telecom Services, the E1Telecom Software, the E1Telecom Website and E1Telecom Promotional Materials are and shall remain with E1Telecom. Nothing in this Agreement intends to transfer any such rights to you except for the specific license as expressly set forth in section "License Grant" below. You will not take any action to jeopardize, limit or interfere with E1Telecom′s Intellectual Property Rights. Any unauthorized use of E1Telecom′s Intellectual Property Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
7.2. License Grant
Subject to the Terms and Conditions of this Agreement, E1Telecom hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the E1Telecom Software available on the Service Provider website at www.e1tele.com on your computer, phone or PDA for the sole purpose of personally using the Services provided by E1Telecom and any other applications that may be explicitly provided by E1Telecom.
7.3.1. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the E1Telecom Software or any part thereof.
7.4. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the E1Telecom software or any part thereof except to the extent permitted by law, or unless you have a written permission from the owners of such rights.

8. LIMITATION OF LIABILITY
8.1. E1Telecom will not be responsible for failing to provide Services or meet obligations, including disruption to the Service caused by E1Telecom network failures or the failure of the networks of other companies to which E1Telecom network is interconnected. Specifically, E1Telecom will not be responsible for any or all interruption of Services (whether due to utility service breakdown, excessive Subscribers, mechanical breakdown or other reasons) and the Subscriber will not be entitled to any refund for any temporary interruptions.
8.2.E1Telecom will provide the Services using currently available technology and will avoid using any system, hardware, software or methods known to threaten Subscriber′s security. Beyond that, E1Telecom makes no warranties of any kind, whether expressed or implied, in relation to the accessibility, accuracy, reliability, safety or quality of the Services.
8.3. To the extent permitted by applicable law, E1Telecom makes no express or implied representations, warranties or conditions of any kind whatsoever, including but not limited to warranties of title or non-infringement, or implied warranties or conditions of merchantability or fitness for a particular purpose, with regard to the service, hardware, software or any other services or deliverables provided hereunder and all representations, warranties, or conditions of any kind, express or implied are, to the extent permitted by applicable law, hereby excluded.
8.4. E1Telecom has no responsibility for any damage suffered by any person, organization, group or entity due to loss of communication, delay, non-delivery or service interruptions in using the Services, whether or not caused by the negligence, errors or omissions of E1Telecom or those for whom it is responsible at law. E1Telecom exercises no control and has no responsibility whatsoever over the traffic or data passing through the Services. Use of any Service is at the Subscriber's sole risk and Subscriber assumes full responsibility for the accuracy, reliability, quality or effect of information received through the Service.
8.5. In the event of any breach by E1Telecom, its affiliates, suppliers, employees or agents, including any breach of a fundamental term or any negligence, the Subscriber's exclusive remedy shall be to receive from E1Telecom, payment for actual and direct damages to a maximum amount not exceeding 50 USD. Other than the foregoing remedy, under no circumstances shall E1Telecom, its affiliates or its agents be liable to the Subscriber or any third party for special, exemplary, punitive indirect or consequential damages including, but not limited to, damages arising out of loss of data, loss of income, loss of profit or failure to realize expected savings, even if E1Telecom had been advised of, had knowledge of, or reasonably could have foreseen, the possibility of such damages. This "Limitation of Liability" section applies regardless of the basis on which the Subscriber is entitled to claim damages from E1Telecom, including but not limited to:
a. breach of contract even if a fundamental breach;
b. or tort, including negligence and misrepresentation.

9. TERMINATION AND ACCOUNT SUSPENSION
9.1. E1Telecom may, at its sole discretion, immediately terminate the Agreement and/or suspend the Services with no refunds to the Subscriber whatsoever, if E1Telecom discovers that:
a. the Subscriber is in default of any term of this Agreement, including the obligation to pay charges;
b. the Subscriber's Credit Card is invalid;
c. processing of the Service Fee via a Credit Card offered by the Subscriber is not authorized by the processing Financial Institution;
d. E1Telecom cannot reach the Subscriber to obtain, confirm, revalidate or update information required to process the Subscriber's Credit Card;
e. Subscriber has revoked E1Telecom′s authorization to make Credit Card withdrawals:
f. Subscriber′s bank account is closed or does not have sufficient funds to cover Service Fees;
g. in the opinion of E1Telecom, there is a reasonable likelihood of the Subscriber's account being used for fraudulent purposes.
9.2. Your Right to Cancel
The Agreement and the Services may be cancelled by the Subscriber at any time and with no refunds to the Subscriber, with a written notice sent by the Subscriber to E1Telecom via E1Telecom′s website at www.e1tele.com, of Subscriber′s intention to terminate the contract.

10. FORCE-MAJEURE AND GENERAL PROVISIONS
10.1. Force Majeure. Neither party is liable for failure or delay in performance hereunder which is proximately caused by strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, governmental action, labor conditions, or other cause beyond its reasonable control. The failure to make any payment required under this Agreement shall never be excused under this force majeure provision.
10.2. This Agreement shall be governed by the laws of Canada and the Subscriber and E1Telecom irrevocably agree to the exclusive jurisdiction of the courts of Canada. In addition to representations, warranties and agreements You, the Subscriber, make under these Terms and Conditions, you confirm the information you have provided to E1Telecom is true to the best of your knowledge and that you are 18 years of age or older.
10.3. CONFIDENTIALITY OF INFORMATION. Unless the Subscriber provides express consent or disclosure is pursuant to a legal power, all information kept by E1Telecom regarding the Subscriber, other than the Subscriber's name, address and listed telephone number, is confidential and may not be disclosed by E1Telecom to anyone other than: the Subscriber; a person who, in the reasonable judgment of E1Telecom is seeking the information as an agent of the Subscriber; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying the Subscriber with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by E1Telecom to evaluate the Subscriber's creditworthiness or collect the Subscriber's account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgment of E1Telecom it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by the Subscriber where the Subscriber provides written consent, oral confirmation verified by an independent third party, or electronic confirmation via email.


Internet Global Services, ECOTELECOM LTD.
01 June 2009