VoiZIP COMMUNICATION SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
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| Definitions and Interpretation |
| 1 |
“Terms of Service” (or “these Terms”) means the terms and conditions under which VoiZIP Communication Services is offered by VOIZTECH to the User. |
| 2. |
“Charges” refers to usage fee payable by the User for voice calls and short messaging service made/sent by the User to non-VoiZIP Communication Services subscribers or to any networks other than VoiZIP Communication Services Network. Amount payable for such voice calls will be computed on a basis of 6 seconds billing increment (or such other basis of billing increment determine by VOIZTECH in its absolute discretion from time to time). |
| 3. |
“User ” refers to a person or a corporation / firm/ sole-proprietorship whose registration to use the VoiZIP Communication Services has been accepted by VOIZTECH and has a personal account opened in his /her name or a corporation/firm/sole-proprietorship which has a corporate account opened in its name. |
| 4. |
“User’s Account” refers to the facility provided to the User upon registration for uniquely identifying the User of the VoiZIP Communication Services and for so accessing the VoiZIP Communication Services. User’s Account where relevant shall also include User’s Portal. |
| 5. |
“User Guidelines” means VOIZTECH’s guidelines for recommended and acceptable use of the VoiZIP Communication Services which may be amended at any time. |
6. |
“VoiZIP Communication Services Number” refers the number allocated to User for the User’s use of VoiZIP Communication Services and based on the Jurisdiction. |
7. |
“Equipment” means Broadband Modem and Session Initiation Protocol Adapter collectively or any other similar compatible apparatus in relation to the VoiZIP Communications Services. |
8. |
“VoiZIP Communication Services” refers to communications services allowing voice communications entirely or partially over the Internet; voicemail services; caller ID services; such software (as is necessary) to access such information, data and services; registration, login and customization facilities; and any other additional features as may be introduced at any time by VOIZTECH. |
9. |
“Rate Table” means a set of rates for all calls and short messaging service made to non-VoiZIP Communication Services network. |
10. |
“Subscription Fees” means monthly fees payable periodically in advance whereby such period and amount of fees payable shall be determined by VOIZTECH at its sole and absolute discretion from time to time. |
11 |
"VOIZTECH” means Merchantrade Asia Sdn Bhd, the operator of the VoiZIP Communication Services, and shall include its successors and assigns. |
12 |
“Password(s)” means an access code issued by VOIZTECH to the User in numeric, alpha-numeric or any other form for the purpose of gaining access to the VoiZIP Communication Services. |
13 |
“Loss” includes loss, damage, claim, costs, subscription fees , charges, damages and/or expenses of whatsoever nature (including any loss of profits , lost savings, loss of data, special, incidental, punitive or exemplary losses and consequential damages ) and howsoever arising whether direct , indirect , joint , several, actual, contingent or otherwise (including legal fees on a full indemnity basis) , and includes without limitation claims made by third parties and claims for defamation , infringement of intellectual property rights, death, bodily injury, wrongful use of computers and unauthorized or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses howsoever arising. |
14 |
“Jurisdiction” refers to the territory selected by the User from the options available during registration. |
15 |
(a) |
The User hereby agrees to subscribe for the VoiZIP Communication Services upon these Terms herein contained. |
(b) |
The User further warrants that all the details set out in the Registration Form for the subscription of the VoiZIP Communication Services are correct and not misleading in any way and if otherwise, VOIZTECH reserves the rights to immediately terminate the User’s Account without notice to the User. |
(c) |
The User shall forthwith notify VOIZTECH of any changes in writing by way of prepaid registered post. |
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16 |
(a) |
Equipment may be purchased from VOIZTECH at a price determine by VOIZTECH at its sole and absolute discretion from time to time. User acknowledges that VOIZTECH sells the Equipment on ‘AS IS’ basis VOIZTECH, its suppliers and their respective affiliates, distributors, officers and employees give no guarantee, representation or warranty, express or implied, in respect of any accuracy, quality, completeness, merchantability, fitness for a particular purpose, non-infringement or title of any software, information or data, directions, instructions or notices, views, opinions and recommendations available on, received from, transmitted to, or provided pursuant to the Equipment. |
(b) |
VOIZTECH shall not be responsible for maintenance and repair of the Equipment purchased from VOIZTECH. Although under no obligations whatsoever to the User, in the event of lost or damage to the Equipment purchased by the User , VOIZTECH may at its absolute discretion upon the User’s request, endeavour in ways to assist the User to source for replacement or assist in repair of the Equipment. In such event, VOIZTECH shall reserve the right to claim from the User all costs and expenses of whatsoever nature incidental thereto. |
(c) |
VOIZTECH shall not be responsible or liable to the User or any other parties for any Loss howsoever arising from any failure or interruption to the Equipment whether such Equipment was purchased from VOIZTECH or any third parties. |
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17 |
(a) |
The User shall take all reasonable precautions to protect the confidentiality of the Passwords issued by VOIZTECH. |
(b) |
The User shall be responsible for all acts of unauthorized or unlawful use of Password(s) and to pay for all voice calls and short messaging service arising from such use. |
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18 |
(a) Charges shall be calculated by reference to VOIZTECH’s detail records which shall be deemed accurate, final and conclusive evidence for the purpose of ascertaining Charges and not by any calculations apparatus or means used by the Customer. |
19 |
(a) Charges shall be based on VOIZTECH‘s latest rate tables. The User agrees to be bound by the ‘Rate Table’ provided by VOIZTECH from time to time and agrees that VOIZTECH shall have the absolute and sole discretion in determination of the said rate. Latest rate tables shall be applicable immediately after posted on www.voiztech.com. |
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(b) VOIZTECH shall have the right at any time to amend the rates contained in the Rate Table at its sole discretion deem fit. |
20 |
(a) User shall prepay VOIZTECH for all Charges and Subscription Fees. In amplification and not in derogation to these Terms and for all intent and purposes VOIZTECH shall have absolute and sole discretion in determination of such prepayment. User undertakes to strictly adhere to any User Guidelines set by VOIZTECH from time to time to facilitate such prepayment. User shall maintain sufficient Credit Amount by pre-payment top-up for charges in the User Account. |
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(b) In amplification and not in derogation to any of these Terms, VOIZTECH reserves the sole and absolute right to withhold activation or suspend or terminate the User’s Account at any time without notice if :- |
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(i) pre-payment deposit (s) made by the User is pending confirmation of clearance from either VOIZTECH’s Finance Department or VOIZTECH’s bankers immaterial whether such payment are towards Subscription Fees or Charges or any other amount payable; |
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(ii) pre-payment deposit (s) made by the User is insufficient or not in accordance to these Terms or User’s Guidelines posted by VOIZTECH on www.voiztech.com |
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(iii) the User is in breach of Clause 20(a) or Clause 20(c) or Clause 37 |
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(c) User acknowledges and agrees that Subscription Fees and Charges are exclusive of any applicable taxes, tariffs, levies and surcharges which shall be payable by the User. User undertakes to forthwith pay VOIZTECH or its billing agent such applicable taxes, tariffs, levies and surcharges within (7) seven days of such amount debited by VOIZTECH into the User’s Account. |
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(d) VOIZTECH may at its sole discretion set-off against or deduct from any sum of money due to the User under these Terms or any other contract with any sum which is due and payable by the User. Exercise by VOIZTECH of its rights under this clause shall be without prejudice to any other rights or remedies available to VOIZTECH under these Terms, or otherwise howsoever, at law or in equity. |
21 |
VOIZTECH shall be entitled to levy late payment charges at three per cent (3%) per month above prime interest imposed by the three largest banks in the Jurisdiction or such other rate as notified by VOIZTECH and / or VOIZTECH’s billing agent (“ Prescribed Rate”) on any amount not paid ( unpaid amount without limitation includes Subscription fees , Charges , applicable taxes, tariffs , levies and surcharges ) until such time that such outstanding amount is fully settled. User agrees that the rate of late payment charges is reasonable compensation in the event of delay/default in payment and that the User shall not put VOIZTECH to proof such compensation. |
22 |
(a) VOIZTECH may suspend or terminate the User Account and User’s access to all or part of the VoiZIP Communication Services with immediate effect if: - |
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(i) in the sole opinion of VOIZTECH, User have breached any of these Terms (including without limitation Clauses 20, Clause 24 and Clause 27); |
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(ii) User have at any time provided any false or incomplete information to VOIZTECH; |
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(iii) in the sole discretion of VOIZTECH, VOIZTECH suspects that the User Account has been accessed in an unauthorised manner or that the security of User Account has been compromised in any way; |
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(iv) in the opinion of VOIZTECH or any regulatory authority, it is illegal or not in the public interest to continue providing the VoiZIP Communication Services to the User for any reason whatsoever; |
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(v) User dies or are declared a bankrupt; |
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(vi) in the sole discretion of VOIZTECH, to repair, maintenance or improve the VoiZIP Communications Service; |
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(vii) in the sole discretion of VOIZTECH, VOIZTECH decides to shut down or terminate all or part of www.voiztech.com ; or |
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(viii)VOIZTECH chooses to do so at its sole convenience. |
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(b) VOIZTECH also reserves the right to shut down or terminate all or part of the VoiZIP Communication Services, in its sole discretion and for its own reasons. |
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(c) Notwithstanding and regardless of any or all other Clauses herein , VOIZTECH reserves the right at any time (in its absolute discretion and without giving notice thereof to the User or assigning any reason therefor) to restrict or limit User’s usage/access of VoiZIP Communication Services or to refuse or otherwise withhold usage/access to VoiZIP Communication Services and all privileges whether permanently or temporarily or forthwith to determine the User’s usage/access of VoiZIP Communication Services and to withdraw all privileges whether attached to the VoiZIP Communication Services or otherwise, and further the right to circulate to any interested persons notice of such privileges being withdrawn. |
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(d) In the event of termination of the User Account for whatsoever reason, VOIZTECH shall not be liable to the User or any third party for the User or any third party’s failure to access or use any or all part of VoiZIP Communication Services and any consequence arising from such failure to access or use, all or part of the VoiZIP Communication Services. |
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(e) Upon the termination of VoiZIP Communication Services, the User shall have no further right or claim of whatsoever nature against VOIZTECH and the User shall be forthwith liable to VOIZTECH and/or its billing agent for all Subscription Fees(if any), Charges (if any) , applicable taxes, tariffs, levies and surcharges up to and including the date of termination. |
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(f) User shall terminate the User Account at any time by giving seven (7) days notice by way of prepaid Registered Post provided Subscription Fees paid in advance shall be non-refundable. However, User’s continued use of the VoiZIP Communication Services is deemed to be continued acceptance of these Terms and the User shall be bound by them.
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23 |
(a) User shall not access or use the VoiZIP Communication Services in any manner which is in violation of the law or which infringes these Terms or which in the opinion of VOIZTECH may adversely affect the use of the VoiZIP Communication Services by other Customers or the efficiency or security of the VoiZIP Communication Services as a whole. The User shall comply with any directions as to the manner of using the VoiZIP Communication Services given to it either in writing or posted on www.voiztech.com from time to time. |
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(b) User shall be solely responsible for the set-up, configuration or compatibility of User hardware, equipment and software for access to the VoiZIP Communication Services, following such directions, instructions and notices that may be given by VOIZTECH and shall provide at User’s own expense all facilities or resources necessary for such proper access to VoiZIP Communication Services including without limitation power points, electricity, conduits, pipes, accesses, licences, or easements. |
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(c) User shall comply with the rules of any network through which User access the VoiZIP Communication Services. |
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(d) User shall be solely responsible for all messages, data and information the User retrieve, store and transmit through the VoiZIP Communication Services. |
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(e) User shall access VoiZIP Communication Services, and where so necessary, access VoiZIP Communication Services via User’s Account, by using the User’s VoiZIP Communication Services Number and/or password;
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(f) User shall notify VOIZTECH if there is any change in User’s supplied personal particulars;
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(g) User shall take all such measures and steps as may be necessary (including but not limited to changing User’s password from time to time) to protect User’s password and to prevent unauthorised use of User’s Account or unauthorised disclosure of User’s password;
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(h) User shall notify VOIZTECH if User become aware of or reasonably believe that there is any unauthorised use of User Account or any other breach of security, and to co-operate with VOIZTECH in all such investigations;
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(i) User shall obtain the prior written approval of VOIZTECH if User reasonably contemplate using VoiZIP Communication Services for any activity would or is likely to generate a change in traffic in excess of User’s normal usage and/or is likely to interfere with the usage of VoiZIP Communication Services by other Customers;
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(j) User shall allow VOIZTECH access to all facilities, materials and resources under User’s control for inspection, audit and provision of VoiZIP Communication Services and comply with all reasonable instruction and requests from VOIZTECH concerning the VoiZIP Communication Services; |
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(k) User shall comply with and shall not contravene all applicable laws, regulations and directives including, without limitation, the laws of the Jurisdiction, relating to the use of the VoiZIP Communication Services; |
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(l) User shall not tamper with any security codes or equipment identifiers of any device or secure access or use of VoiZIP Communication Services otherwise than as contemplated by these Terms; |
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(m) User shall not use or permit anyone to use VoiZIP Communication Services for any unlawful purposes and the User shall not share VoiZIP Communication Services with any other person or individual. |
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(n) If for any reason User use VoiZIP Communication Services outside the Jurisdiction, VOIZTECH may not support VoiZIP Communication Services and User’s use of the VoiZIP Communication Services at User’s own risk including the risk that the use thereof violates local laws in that jurisdiction.
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24 |
VOIZTECH reserves the right to vary, alter and amend any or all of these Terms herein and announce changes to its facilities and to post them on www.voiztech.com. User’s continued use of the VoiZIP Communication Services offered by VOIZTECH after such variation, alteration and amendments have been posted constitutes User’s agreement to be bound by them. |
25 |
User agrees to the use of electronic communication and records in order to enter into contract, place orders, receive notices and store information. Further, User waives any rights or requirements under any legislation in any jurisdiction which require an original signature or delivery or retention of non electronic records, to the extent permitted under applicable law. |
26 |
(a) VOIZTECH shall provide the VoiZIP Communication Services to the User , but this shall be without prejudice to the right of VOIZTECH, if in its sole discretion it deems appropriate, to vary, discontinue or change any part of the VoiZIP Communication Services at any time, including but not limited to the removal of content, and the blocking or filtering of transmissions, without notice to the User.. VOIZTECH also reserves the right to use the VoiZIP Communication Services in any manner if so required by any regulatory authority.
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(b) VOIZTECH is not responsible for the deletion of or failure to store any message. If User exceeds the maximum permitted storage space, VOIZTECH reserves the right to delete messages from the affected voice mailboxes, at its sole and absolute discretion.
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(c) User acknowledges and understands that VoiZIP Communication Services is not a telephone service. Accordingly, VoiZIP Communication Services may not support certain features currently available in traditional telephone services. Specifically, VoiZIP Communication Services does not carry any quality of service guarantee or offer automatic emergency dialling. Accordingly, VoiZIP Communication Services should not be used for mission-critical or emergency purpose or for any application where connectivity, stability, call connection or clarity are critical requirements. VoiZIP Communication Services should only be used as a complement to such purposes and applications.
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27 |
(a) User agrees and acknowledges that all information, trademarks, software and data in www.voiztech.com on VoiZIP Communication Services are the intellectual property of VOIZTECH and/or its licensors. |
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(b) User agrees and acknowledges that the VoiZIP Communication Services may only be used for User’s personal purpose and that the User is strictly prohibited from re-selling or re-providing the VoiZIP Communication Services to any other person.
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(c) Without prejudice to the above, User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, adapt, transfer, or sell any information, data, software, products or services obtained from the VoiZIP Communication Services in such a way that prejudices the commercial exploitation or legitimate interests of VOIZTECH to such information, data, software, products or services, including the use of any such information in connection with any business or commercial enterprise (including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise).
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(d) User CANNOT: |
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(i) assume a false identity or the identity of some other User or person when using the VoiZIP Communication Services; |
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(ii) transmit messages that are libellous, harassing, vulgar, irreligious or otherwise objectionable; /p> |
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(iii) transmit materials that are the subject matter of any copyright or other intellectual property rights claimed by any third party; |
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(iv) transmit messages that amount to advertising, touting or sale of, or offer to sell, any product or service; |
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(v) transmit or disseminate bulk advertising material, chain letters, spam, junk mail or any other type of unsolicited messages; |
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(vi) transmit or disseminate viruses, worms, Trojan horses or other harmful, disruptive or destructive files; |
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(vii) engage in auto-dialling, continuous or extensive call forwarding, fax broadcasting, fax blasting or anything inconsistent with consumer usage of the VoiZIP Communication Services; |
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(viii) use the VoiZIP Communication Services in any way which will deprive other Users of their legitimate right to use the VoiZIP Communication Services; and |
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(ix) use the VoiZIP Communication Services for any unlawful or illegal activity. |
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(e) User acquires no rights to the password or VoiZIP Communication Services Number issued to the User by VOIZTECH and VOIZTECH reserves the right to change the same at its sole discretion without being liable to the User for any Loss suffered. |
| 28 |
(a) VOIZTECH cannot and does not endorse or review, and cannot be responsible for, the messages, views, opinions and recommendations of third parties, User and organisations of deemed interest. VOIZTECH does not advocate any commercial dealings in any third party products or investments. The inclusion in VoiZIP Communication Services of a link to other web site(s) or resources does not imply any form of endorsement by VOIZTECH. Any User seeking recourse shall do so against such party providing such advice, products or services. However, VOIZTECH requires all Customers to comply with all relevant laws, as well as the rules set out in Clause 27(d) , and upon receiving reasonable notification, will ensure that the law and the rules are observed and complied with. |
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(b) Due to the inherent hazards of electronic distribution, User agree and accept that VoiZIP Communication Services may be unavailable from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of VOIZTECH or any third party) or other disruptions. VOIZTECH , its suppliers and their respective affiliates, officers, distributors and employees shall not be liable to the User for any Loss suffered by the User as a result thereof. VOIZTECH does not guarantee that VoiZIP Communication Services will be uninterrupted, secure, error-free, free from viruses or other harmful components.
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(c) VoiZIP Communication Services is provided ‘AS IS’. VOIZTECH, its suppliers and their respective affiliates, officers, distributors and employees give no guarantee, representation or warranty, express or implied, in respect of any accuracy, quality, completeness, timeliness, merchantability, fitness for a particular purpose, non-infringement or title of any software, information or data, directions, instructions or notices, views, opinions and recommendations available on, received from, transmitted to, or provided pursuant to the VoiZIP Communication Services. |
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(d) Other than liability for death or personal injury resulting directly from use of the VoiZIP Communication Services, any condition or warranty which may be implied or incorporated within these Terms by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is HEREBY EXPRESSLY EXCLUDED. |
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(e) In no event will VOIZTECH, its suppliers, their employees, subsidiaries, related corporations, associates and affiliates be liable to the User or anyone else for any decision made or action taken by the User in reliance on VoiZIP Communication Services or any Loss suffered by the User or such person arising therefrom or otherwise as a result of the use of the VoiZIP Communication Services. |
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(f) In amplification and not in derogation to the meaning of “Loss” under Clause 13 and to the maximum extent permitted by applicable law, in no event shall VOIZTECH, its suppliers and their respective affiliates, officers, distributors and employees be liable or responsible for any special, incidental, direct, indirect, punitive ,reliance, or consequential damages whatsoever (including, but not limited to, damages for loss of revenue of any kind , increased in cost operations , lost of advantage , lost of savings , lost of profits or confidential or other information, for business interruption, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the VoiZIP Communication Services, or otherwise under or in connection with any provision of these Terms , even in the event of the fault, tort (including without limitation negligence of any kind), strict liability, breach of contract or breach of warranty of VOIZTECH , or any suppliers and even if VOIZTECH, its suppliers and their respective affiliates, officers, distributors, employees has been advised of the possibility of such damages. Such exclusion of liability includes but not limited to interruption (without limitation to VoiZIP Communication Services voice and data quality), interoperability , interaction or interconnection of the VoiZIP Communication Services whatsoever the cause of the interruption , interoperability , interaction or interconnection may be and however long it shall last, whether caused by or with applications, equipment, apparatus , services or networks provided by VOIZTECH, its suppliers and their respective affiliates, officers, distributors , employees or by third parties ; or through unauthorized access to or by theft, alteration, loss or destruction of a VOIZTECH’s , its suppliers and their respective affiliates, officers, distributors , employees or User’s applications , data , programs, information, network or systems through accident, fraudulent means or any other method by the User and third parties. User shall indemnify VOIZTECH of any third parties claim of whatsoever nature. |
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(g) Notwithstanding any provision herein, in no event shall VOIZTECH’s aggregate liability to the User for any claims under or pursuant to these Terms exceed the total Charges paid by User in the preceding six (6) months. |
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(h) Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within six (6) months after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party. |
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(i) User shall indemnify VOIZTECH, its suppliers, their employees, subsidiaries, related corporations, associates, distributors and affiliates against any and all Loss suffered by VOIZTECH, its suppliers, their employees, distributors, subsidiaries, related corporations, associates and affiliates to any person as a result of any breach of these Terms. |
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(j) Without prejudice to any of the other provisions of these Terms and to any other rights and remedies which VOIZTECH may possess, User shall indemnify and hold VOIZTECH , its suppliers, their employees, distributors, subsidiaries, related corporations, associates and affiliates harmless at all times against all actions, proceedings, Loss and damages (whether in tort, contract or otherwise) which VOIZTECH , its suppliers, their employees, distributors, subsidiaries, related corporations, associates and affiliates may sustain, incur, suffer or pay arising out of, in connection with or pursuant to these Terms whether authorized or not authorized or User’s use of VoiZIP Communication Services or any User’s act or omission thereof. |
| 29 |
(a) As information transmitted through the Internet in general is not confidential, VOIZTECH cannot and does not guarantee the privacy or protection of any Customer. |
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(b) VOIZTECH treatment of your personal information is stated in the VOIZTECH Privacy Statement. User may occasionally receive from VOIZTECH e-mail notifications of new products, services or offers from VOIZTECH and User may opt out of receiving these notifications from VOIZTECH at any time by amending User Account personal preferences. |
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(c) Notwithstanding any provision of these Terms to the contrary, VOIZTECH reserves the right to disclose part or all information concerning the User at such time and in such manner as is permitted or required by law to the relevant authorities. |
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(d) VOIZTECH shall be entitled, to use in any manner and for any purpose relating to the VoiZIP Communication Services or to disclose to any person, any information or data relating to User, any VoiZIP Communication Services Number or any User Account or any other information and data provided by the User to VOIZTECH. The provisions of this Clause 30(d) shall constitute User’s affirmative consent. |
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(e) Without prejudice to all other provision under these Terms, VOIZTECH reserves the right to engage any debt collection agent to recover all outstanding balances due to VOIZTECH and the User agrees that VOIZTECH reserves the right at any time to disclose the User’s account number, VoiZIP Communication Services number and/or any other information pertaining to the User’s account without giving any notice and/or reason thereof to the User. |
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(f) The User hereby authorizers VOIZTECH to verify and exchange information on them from whatever sources as may be required and to release such information as may be obtained without reference to the User. |
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(g) VOIZTECH may from time to time access the User Account and other parts of the VoiZIP Communication Services as necessary to identify, investigate or resolve technical problems or to respond to VoiZIP Communication Services complaints. |
30 |
If any provision in these Terms is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to under the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms. |
31 |
Time wherever mentioned shall be the essence of these Terms and no failure to exercise and delay in exercising on the part of VOIZTECH of any right, power or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercises of any other right, power or privilege. |
32 |
In amplification and not in derogation to any provision of these Terms, the User agrees that VOIZTECH is entitled to treat any transaction record affected by the use of the VoiZIP Communication Services and / or statements of account (if any) issued by VOIZTECH recording the use of the VoiZIP Communication Services as conclusive proof thereof and binding on the User. |
33 |
The obligations of the User shall continue to be valid and binding for all purposes whatsoever notwithstanding any change by amalgamation, reconstruction or otherwise which may be made in the constitution of VOIZTECH or of any company through which business of VOIZTECH may for the time being be carried and the obligations of the User shall be valid, binding and enforceable as between User and such company carrying on the business of VOIZTECH for the time being. |
34 |
User shall not assign or transfer any part of its right and obligations under these Terms without the prior written consent of VOIZTECH. VOIZTECH shall be permitted to delegate part or all of its responsibilities to its service providers and sub-contractors at any time and to vary, change or replace such sub-contractors without further reference to anyone. These Terms shall be binding upon the heirs, personal representatives and successors-in-title of the User and on the successors-in-title and assigns of VOIZTECH. |
35 |
These Terms shall be in force from the date of acceptance of the User’s application for registration and shall continue unless terminated in accordance with these Terms. |
| 36 |
(a) All notices or periodical electronic accounts are deemed served on the User immediately after it is sent to the User’s designated e-mail address (despite evidence to the contrary) as set out in the Registration Form or other such e-mail address of which notice has been previously given to VOIZTECH by the User in writing by way of prepaid registered post. |
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(b) All notices ( without limitation to Rate Tables) are deemed served on the User immediately after such notices are posted on www.voiztech.com |
| 37 |
Notwithstanding any other Clause (s) herein , any amount payable to VOIZTECH shall become immediately due and payable if VOIZTECH so demand payment of the same (whether orally or in writing or via the User’s designated e-mail address). The User undertakes to pay the amount demanded forthwith |
| 38 |
(a) User shall promptly check and verify the accuracy of each and every transactions appearing in the User’s Account and notify VOIZTECH and VOIZTECH’s appointed billing agent in writing(by way of prepaid registered post) of any error , inaccuracy or discrepancy , setting out sufficient details within three (3) days of such transaction(s) posted into or appears in the User’s Account. Otherwise, such transaction record in the User’s Account shall be conclusive evidence against the User of the truth and accuracy of the matters stated therein.
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(b) Upon receipt from the User of any notice of error , inaccuracy or discrepancy in accordance to Clause 39(a) , VOIZTECH and VOIZTECH’s appointed billing agent acting on VOIZTECH’s direction shall provide a response to the User’s designated e-mail address within thirty (30) days thereafter. VOIZTECH and VOIZTECH’s appointed billing agent will then conduct a complete and objective review of such complain. VOIZTECH will credit User’s Account (without interest) for any overpayment by the User after VOIZTECH has completed its investigation and is statisfied as to the error or inaccuracy of that amount, item or matter.
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(c) The existence of a dispute between the User and its personnel in respect of the Subscription Fees and/or Charges will not entitle the User to withhold any payments due to VOIZTECH. |
| 39 |
Subscription fees and Charges paid are non-refundable. Subscription Fee and Charges may be amended by VOIZTECH at any time with thirty days notice (in the case of Subscription Fee) or immediate notice (in the case of Charges). |
40 |
A person who is not a party to these Terms has no right to enforce or enjoy the benefit of any terms of these Terms unless expressly provided for. |
| 41 |
VOIZTECH shall not be liable for any failure to comply with its obligations under these Terms, where such failure is caused by an Act of God or by any riot, civil commotion, strike, lockout or other labour disturbance, or by any fire, war, acts of foreign enemies or perils of the sea, power outage, epidemics, network congestion, telecommunications failure or other perils beyond the control of VOIZTECH. VOIZTECH at its sole and absolute discretion shall notify the User either in writing or by posting such notification on www.voiztech.com of the said failure within fourteen (14) days of the commencement of the event relied upon by VOIZTECH for its failure to comply with its obligations. |
42 |
Unless otherwise provided, these Terms embody all the terms and conditions agreed upon between the parties as to the VoiZIP Communication Services and supersedes and cancels all previous proposals, agreements, representations and undertakings, if any, between the parties with respect to the subject matter hereof, whether written or oral, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination. User agrees that no representations, agreements, statements and understandings made by VOIZTECH have been relied upon by the User in agreeing to enter into these Terms. |
43 |
Any certificate by an officer of VOIZTECH as to any sum payable or any other determination under these Terms shall be conclusive evidence of the fact save for manifest error on the face of it. |
44 |
Any partial payment of any sum due if accepted is done without prejudice to VOIZTECH’s right to make claim for the whole outstanding sum and VOIZTECH may at their absolute discretion reject any partial payment of any sum due. |
45 |
(a) VOIZTECH shall be entitled to appoint billing agents from time to time to handle billing and collection of such Subscription Fees. User shall refer to the User Account for particulars of charges made. All Charges shall be rendered in Malaysian Ringgit , unless otherwise stated in the User Account |
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(b) All Subscription Fee and Charges shall accrue before VoiZIP Communication Services commencement. User shall top-up payments in order to maintain a sufficient Credit Amount in User Account.
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46 |
VOIZTECH shall not be liable to pay any interest to the User if there is a credit balance in the User’s Account. |
47 |
In amplification and not in derogation to any of these Terms, in the event of the User failing to perform or being in breach of any of these Terms herein or in the event the User’s death or insolvency or the committing of any act of bankruptcy all amount outstanding due to VOIZTECH from the User shall become due and payable forthwith. |
48 |
Any or all amount payable to VOIZTECH (without limitation to Subscription Fees, Charges and purchase price of Equipment) incurred by a User shall at the absolute discretion of VOIZTECH become immediately due payable regardless of any or all Clauses aforesaid if VOIZTECH so demand payment of the same (whether orally or in writing or through e-mail). The User undertakes to pay the amount demanded forthwith. |
49 |
(a) These Terms are governed by, and construed in accordance with, the laws of the Jurisdiction. |
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(b) Subject to Clause 39, any dispute, controversy or claim arising out of or relating to these Terms , or the breach termination or invalidity thereof , shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre. The place of arbitration shall be in Hong Kong International Arbitration Centre (HKIAC). There shall be only one arbitrator and English law shall apply. |
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(c) The arbitrators may not limit, expand or otherwise modify the Terms. The arbitrators shall not have the authority to award punitive or non-compensatory damages to neither VOIZTECH nor Customer. |
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(d) Both VOIZTECH and User shall bear their own individual costs and expense. The arbitrators shall have no power to order pre-hearing discovery of documents or taking of disposition, but may compel the attendance of witnesses and the production of documents at the hearing. Both VOIZTECH and Customer, their representatives, other participants and the arbitrators shall hold the existence, content and results of the arbitration in confidence. |
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(e) The language of arbitration shall be the English language and the award of the arbitrators shall be final and binding upon both VOIZTECH and User. |
50 |
Unless the context otherwise requires, references to the singular shall include references to the plural and vice versa, references to natural persons shall include bodies corporate, and the use of any gender shall include all genders. |
51 |
In the event of any conflict between these Terms and the User Guidelines, these Terms shall prevail. |
