| |
Terms And Conditions |
|
------------------------------------------------------------------------------------------------------------------------------- |
|
Subscription
The User may subscribe for voice over Internet protocol services ("Service") by
Kidanet ("Kidanet"). Such Service may include value-added services indicated on
the Application Form or offered by Kidanet from time to time, whether in
conjunction with the Service or as an optional and chargeable item.
Online or walk-in applications may be accepted. Kidanet reserves the right to
decline any application at any time without assigning any reason therefor.
The Minimum Subscription Period for the Service is 12 months, or such other
period as set out in Kidanet's Service Plan and selected by the User online or
in the completed Application Form. After the Minimum Subscription Period, the
Service Plan shall be renewed automatically on a monthly basis except where User
gives Kidanet at least thirty (30) days prior written notice of non-renewal
before the end of the relevant month, or where User elects to subscribe to a
different Kidanet Service Plan. Any premature termination after the date of the
User's application and before the expiry of the Minimum Subscription Period will
render the User immediately liable for the full subscription charges for the
remaining months of the Minimum Subscription Period together, where applicable,
with the cost of any Customer Premises Equipment ("CPE"), modem provided to the
User, as such amount may be determined by Kidanet from time to time Upon expiry
of the term or termination of the Service, the User shall remain liable for all
unpaid, accrued charges due in relation to the Agreement.
Service conditions
The User shall have full responsibility for any access to and use of the Service
through the User's account. The User consents to and authorizes Kidanet to use
all the User's information which Kidanet obtains as a result of User's use of
the Service or equipment provided by Kidanet (including information regarding
User's calling patterns (including number of calls, times of calls, duration of
calls and parties called), the services or equipment used by the User; the
User's telephone number and network configuration, and User's billing name,
address and credit history) for the provision of the Service and further
consents and authorizes Kidanet to provide this information to any subcontractor
or service provider solely in order to provide or facilitate the provision of
the Service to the User.
Save as may otherwise be prescribed or notified by Kidanet with respect to any
particular Service scheme, the Service is for a single User only.
The Service does not include access to emergency numbers, 1800 or local
toll-free numbers currently due to regulatory restrictions by incumbent
operators in the existing PSTSN network.
Kidanet expressly disclaims all warranties or representations of any kind,
whether express or implied, including warranties of merchantability,
satisfactory quality, fitness for a particular purpose and non-infringement to
the fullest extent allowed by law.
Kidanet shall not be liable for any loss (whether direct, indirect, incidental,
special, or consequential loss including loss of profit, revenue, anticipated
savings or business, data or goodwill, value of any equipment including
software, claims of third parties and costs and expenses associated with or
incidental to any of the foregoing) suffered or incurred by the User by reason
of User's use or inability to use the Service and/or equipment supplied by
Kidanet ("Consequential Losses"). In addition, the User acknowledges and accepts
that Kidanet relies on third parties (including, but not limited to, other
telecommunications service providers) in the provision of the Service.
Accordingly, the Service may be affected or may become unavailable due to an act
or omission of such third parties. In such circumstances, and without prejudice
to the foregoing, Kidanet shall not be liable for any effect on or
unavailability of the Service or for any claims, costs, damages, expenses,
liabilities, demands and losses (including Consequential Losses) which the User
may suffer or incur as a result of or in connection therewith.
The User shall indemnify and keep Kidanet, its employees and agents indemnified
against any and all claims, costs, damages, expenses, liabilities, demands and
losses (including but not limited to Consequential Losses) which Kidanet suffers
or incurs as a result of or in connection with any claim relating to the User's
and/or any other person's use of the Service through the User's account(s),
including without limitation, claims for defamation, infringement of copyright
or any other intellectual property rights; or in relation to the supply of the
Service by Kidanet to the User; or the breach of any these VoIP Terms and
Conditions and/or the General Terms and Conditions by the User or any other
persons where such person was able to access and use the Service through the
User's account.
It is the User's responsibility to (a) ensure that his equipment, other hardware
and Internet connection meet the Service's minimum system, operating system
compatibility and minimum bandwidth requirements, as the same may be recommended
by Kidanet from time to time, and (b) undertake all configuration and
installation tasks as may be necessary to enable usage of the Service. Kidanet
shall not be liable for any Service failure resulting from the User's
non-compliance with such requirements, the User's failure to undertake such
configuration and installation tasks or any subsequent configuration or
installation changes not expressly authorised by Kidanet.
Without prejudice to clause 7 above, the Service is provided on an "as is" and
"as available" basis and Kidanet does not guarantee or warrant that the Service
will be uninterrupted and/or error-free. The User acknowledges and accepts that
the Service will not function in the absence of electricity supply or if there
is any interruption to the User's Broadband or Internet Access services,
incorrectly configured or non-Kidanet approved Customer Premises Equipment ("CPE")
such as Soft Phones, USB Phones, IP Phones, Analog Telephone Adaptors or IP PBX,
firewall restrictions or configurations, legacy Internet Routers or due to
factors outside Kidanet's control. The User hereby acknowledges and accepts that
Kidanet shall not be liable for any such interruption or failure or service
outage and/or any inability to assess emergency telephone numbers, if
applicable, or for any loss or damage arising therefrom.
The User shall be liable for the costs (including the costs of any third party
services) of installing and/or removing all requisite equipment (including CPE
and modems) and/or access to the Service (including wiring work if applicable)
on or from the User's premises. If the User requests for on-site support
services, the User must provide Kidanet, its employees and contractors safe
access to the User's premises for such installation and/or removal. The User
represents and warrants that the User is the owner or authorized occupier of
such premises and that the User has obtained all necessary permissions to allow
Kidanet, its employees and contractors to provide such installation and/or
removal.
The Service do not include access to directory enquiry services regulatory
restrictions by incumbent operators in the existing PSTSN network.
User agrees to comply with applicable local, state and/or country regulations in
which locations the Service is, or will be, used. Specifically, User agrees to
assume all responsibility of using the Service outside Fiji and to indemnify and
hold Kidanet harmless against all liabilities for any such use. Kidanet also
does not guarantee, represent or warrant that the Service will function, or
function at the same levels, in those locations outside Fiji.
Numbers
Upon successful sign-up to the Service, Kidanet will assign the User with a
Session Initiation Protocol Number ("SIP Number"). If Kidanet makes available
the option to receive a E.164 number, ("Virtual Number") the User selects this
option, and Kidanet allocates a Virtual Number to the User, such Virtual Number
shall constitute part of the Service to the User, provided that the User
acquires no rights to such Virtual Number issued to him by Kidanet. Kidanet
reserves the right to change the same at its sole discretion without being
liable to the User for any loss or inconvenience suffered.
During the period of the Service, Kidanet reserves the right, at its sole
discretion, to change, cancel or re-allocate the SIP Number or the Virtual
Number, as the case may be.
Upon expiry, cancellation or termination of the Service, User shall relinquish
and discontinue use of any Numbers, voice mail access numbers and/or web portals
assigned to User by Kidanet or its vendors. Kidanet may, at its sole discretion,
re-allocate the SIP Number or the Virtual Number (collectively referred to as
the "Numbers") provided earlier to User, to third parties, or remove the Numbers
from use.
In addition, the User agrees the Numbers are only available as an address for
inward dialing and that no number portability is provided for any Number or any
emergency call capability or directory enquiry service is provided in relation
to the Numbers, except where required by applicable laws.
Rate Changes
Kidanet reserves the right to revise, from time to time, the fees and prices for
the Service, including but not limited to changes to international call charges,
plans, taxes or fees. Kidanet will, as far as practicable, notify such changes
to the User and/or post notification of any such changes on the Kidanet web site
currently located at http://www.kidatalk.com.fj or modified, from time to time
prior to the implementation of such changes.
Promotional or Discounted Rates
Kidanet may, at its sole discretion, offer promotions or discounts from time to
time to the User with respect to any portion, or selected portions, of the
Service. Kidanet shall notify the User of the applicable promotion or discount
rates either directly, or through Kidanet's website. The User agrees that the
User shall key in the relevant promotion or discount codes upon Signing up of
the Service. Failure to do so may disentitle the User to subsequent credit for
such promotions or discounts.
Billing
Billing for monthly service fees shall commence upon the User's purchase and
activation of the Service. The first month's monthly service fee shall be
pro-rated to take into account any partial month from the date the User's
monthly service fees commence.
Call durations for each call are rounded up to the next whole minute and billed
in full minute increments. "Per call" charges are rounded up to the next whole
cent if the computed charge for a call includes a fraction of a cent. If the
computed charges for taxes and surcharges include a fraction of a cent, the
fraction is also rounded up to the nearest whole cent.
Payment
The User undertakes to make full payment of all subscription and other charges
and fees due to Kidanet from time to time. For prepaid accounts, the User
account will expire if the account is inactive for a period of more than 120
days and Kidanet shall forfeit all funds in such User accounts.
The User may use any of the payment modes made available by Kidanet for making
payment for the Service. In particular, the User shall have access to online
tools to view charges and payments which is provided in lieu of monthly
statements. In the case of Users electing to take up Kidanet's prepaid Service,
Kidanet reserves the right to suspend the Service, without any liability to the
User, if credit in the User's account falls to zero.
Termination
All notices to terminate the Service by the User must be sent in writing to
Kidanet by fax or post only.
If the User is in breach of any of these VoIP Terms and Conditions, Kidanet may
at any time thereafter serve a notice upon the User to remedy the breach (if the
breach is capable of remedy) within fourteen (14) days from the date of the
notice and on the expiration of the said fourteen (14) day period without the
breach complained of having been remedied, Kidanet shall be entitled to
forthwith terminate the User's account and/or provision of the Service without
further notice and without limiting any other remedies available to it.
Suspension
Kidanet may (but subject to any applicable laws, regulations or directions of
any relevant authority) suspend the User's account and/or provision of the
Service at any time, without limiting any other remedies available to it, on the
following grounds:
In Kidanet's reasonable opinion it is necessary to suspend use of or access to
the User's account and/or provision of the Service in order to:
carry out any planned maintenance, repair or upgrading of any part of the
Service system and/or network and Kidanet has given at least ten (10) days'
advance notice thereof; or
carry out any unplanned maintenance, repair or upgrading of any equipment or
facility forming part of the Service and Kidanet has given as much notice as is
reasonably practicable in the circumstances.
the provision of the Service has an adverse network impact on Kidanet and/or the
Direct Exchange Line ("DEL") provider and Kidanet has given as much notice as is
reasonably practicable in the circumstances;
if the User or any person using the User's account does or allows anything to be
done which in Kidanet's sole reasonable opinion may jeopardize the operation of
the Service or Kidanet's network, for example:
if the User tampers or hacks the Service, or the CPE, or both, or performs a
factory reset to the CPE or uses a brand/model of CPE that has not been approved
for use by Kidanet as listed on its website;
if the User transmits any unlawful, harassing, libellous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind or
nature, through the Service;
if the User uses the Service for activities, including, but not limited to,
autodialing, continuous or extensive call forwarding, continuous connectivity,
fax broadcast, fax blasting, telemarketing, junk faxing, fax spamming,
calling/faxing using distribution lists or otherwise that has not given specific
permission to be included, and any other activity prohibited under Kidanet's
Acceptable Use Policy;
if the User use the Service or performs any other action that causes a
disruption in the network integrity of Kidanet or its vendors, whether directly
or indirectly; and
if the User resells, transfers or make a charge to other third parties for the
Service or the CPE without prior written permission of Kidanet, each being a
"Suspension Event".
Kidanet will resume provision of the Service and/or allow use of the User's
account as soon as reasonably practicable after a Suspension Event has ceased.
Kidanet reserves the right to suspend the accounts of Users who fail to make
full payment of all outstanding amounts by the due date as stated in Kidanet's
invoice.
Users who continue to fail to make full payment of all outstanding amounts
despite being served with reminders may have their accounts terminated without
further notice, and shall be further liable to pay any premature termination
charges applicable.
Security
The User acknowledges and agrees that in providing the Service to the User,
Kidanet utilizes the public Internet and third party networks to provide fax,
voice and/or video communication services to the User. Accordingly, Kidanet
cannot and does not guarantee the security of fax, voice and video
communications of User who uses Kidanet's Service.
Copyright in Software
Any software used by Kidanet to provide the Service and any software provided to
User in conjunction with providing the Service are owned or controlled by
Kidanet or its vendors, as relevant, and are protected by applicable copyright
laws. User may not copy, distribute, sell, make available or alter the software.
General
In the event of any conflict or inconsistency between these VoIP Terms and
Conditions and Kidanet's General Terms and Conditions, such conflict or
inconsistency shall, in the absence of any express provision to the contrary, be
resolved in a manner most favorable to Kidanet.
Kidanet reserves the right to amend these VoIP Terms and Conditions (including,
without limitation, the charges and fees herein stated) at any time from time to
time and such amended terms and conditions shall be binding on the User upon
posting on the website currently located at http://www.kidatalk.com.fj and
deemed effective immediately upon posting. The User's continued use of the
Service shall be deemed acceptance of the amended terms and conditions.
Entire Agreement
The terms and conditions of this Agreement, along with the rates are posted on
Kidanet's web site currently located at http http://www.kidatalk.com.fj,
constitute the entire agreement with regard to the Service and supersede and
replace any prior agreements relating to the Service.
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
|
Get More for Less
Get KIDAtalk!
Over 20 features
included at no extra cost!
view all features:
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
|
Buy Call Credits
Pay As You Go
No Commitments
No Plans
$10
|
$50
|
$100 |
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
|
Get World Numbers
in over 3900 cities
and receive unlimited &
Free incoming calls
from Anyone in the
World |
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
| |
|
|
|
|
|
Pay Your Bills
Online
No more queues or
waiting |
|
|
|
|
|
|
|
|
|
|
|
|