TERMS OF SERVICE
General
This Agreement sets the Terms of Service between CY.TALK SWITZERLAND S.A. (“CY.TALK”, “cytalk.com”, “we”, “us”, “our”) and the User (“you”, “your”) of cytalk.com related services (“our Service”). This Agreement governs both our Service and any our approved or provided CPEs used with our Service. By subscribing to or using our Service and/or buying our CPE or software, you agree to these Terms of Service, including any future amendments. The cytalk.com website (“the Websites”) is provided solely for the use of our current and potential users and may not be used by any other person or entity, or for any other purpose. You can access our Services by creating cytalk.com account (“Account”). If you do not accept and abide by this Agreement, you may not use our Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits. All information linked to these Terms of Service is part of it.What We Do
We are an internet telecommunications service provider from Switzerland, what we provide is on a best efforts basis. There are important distinctions between a standard telecommunications service and our Service. Our Service is subject to different regulatory treatment than a standard telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Events beyond our control may affect our Service, such as power problems, fluctuations in the internet, your ISP or broadband service, security or maintenance issues. We will act in good faith to minimize disruptions to your use of and access to our Service.Service Policy
For our users living in Switzerland we do not support emergency service numbers, please refer to the "Emergency Services" paragraph of our Terms of Service. The availability of our Services and/or rates may vary from country to country. You also acknowledge that this service is based on internet, and although we do our best effort to provide you with the best service, your internet bandwidth maybe not have sufficient speed or quality to have good call quality. You acknowledge that our Service may not be compatible with other non-voice communications equipment. You waive any claim against us for interference with or disruption of any services and equipment. The billing starts the day your Account is activated – regardless if you use the service or not. In order to terminate your service, you can do so byemail
. Once your Account is terminated it cannot be reactivated, and when the legal withholding time expires all data will be lost. We do not accept ideas, concepts, or techniques for new services or products through the Websites. If such information is received, it will not be considered confidential and we will be deemed free to use, communicate and exploit such information in any manner we choose. No resale of any of our Services unless expressly authorized in writing by us.
International Phone Numbers
International phone number service is based on a recurring fee. The recurring fees are fully due one week before the start of the billing cycle. After the first six (6) months, you can cancel when you please. In case you cancel during an ongoing billing cycle, the phone number will be valid until the end of that billing cycle (except if it is before the end of the first six (6) months, in that case, it will be due to the end of the first six (6) months). The phone number you are buying is originally provided by partner telecoms. We test and make sure to the best of its knowledge that the service is fully functional, but cannot provide guarantee for the service. If for a reason that is above our control, the service cannot be continued, we will propose to you a phone number in replacement or a refund of that phone number for the remaining time for the ongoing billing cycle. Rates and conditions for the phone numbers vary from country to country and may be changed at any time without prior notification. If you decide to cancel the phone number before the new rates take effect, we will refund the remaining time of the current billing cycle. This right of refund expires with the coming into effect of the new rate or conditions. You are responsible for keeping enough funds in your Account in order keep your phone number fully active. Your phone number subscription is automatically renewed until you decide to cancel it. In case your payment method expires or is not valid, the number will be lost permanently and cannot be reactivated, please refer to the "Billing and payment" paragraph of our Terms of Service. Some phone numbers have a setup fee and a variable number of free incoming minutes included. After the included free minutes are consumed, you will be charged for incoming calls. No fee applies for cancellation. Once a phone number is cancelled and the billing cycle period is over, the phone number is lost and cannot be reactivated.Telephony Service
The Telephony Service is a prepaid service, based on a pay as you go system. Calls are rounded to the next whole minute. Rates may vary at any time without any prior notification. Remaining call balance expires one hundred and eighty (180) days after the last call.Swiss 8XX/9XX Numbers
When you dial an 8XX or 9XX value added service, we have to charge you the associated cost. Rates depend on the provider of each service; we collect payment for those business service providers. If you have any complaints about these costs of services or products, he must refer exclusively to the providers of those services. We are not responsible for any service provided by 8XX or 9XX numbers.Emergency Services
We do not support emergency calls of any type to private or public services. Our Services are not a replacement for your traditional phone service; it is your responsibility to purchase separately from our Services a mobile or a fixed telephone line that offers access to Emergency Services. You agree and understand that we are not required to offer access to Emergency Services under any applicable law or regulation whether local or national or both.SMS
The SMS service is a prepaid service based on a pay as you go system. You are billed on a per SMS basis. Delivery reports are just provided for informational purposes and cannot be used for billing purposes.Virtual Operator or IVR
The Virtual Operator or IVR (interactive voice response) service is based on a setup fee, a monthly recurring fee and a transfer fee; some other fees may be requested depending on the complexity. Setup fees are due as soon as you accept to the quote we proposed and before we start the development. The recurring fee is fully due one week before the start of each month. The call forwarding fees are charged like calling fees, in a pay as you go fashion, refer the "Telephony service" paragraph of the Term and Services. After the first six (6) months, you can request cancellation when you please with thirty (30) days advance notice (except it is before the end of the first six (6) months, in that case, it will be due to the end of the first six (6) months).Customer Premise Equipment or CPE
Our Service is only supported on CPEs bought from our authorized partners or resellers and agents. No other CPEs are supported and we have no responsibility to provide service on these CPEs. You also agree that you will use your CPE exclusively for our Service. As the user, operator and/or administrator of this CPE, you are responsible for maintaining the security of the CPE, including but not limited to the physical and network security elements of your CPE. Rates, fees and charges may vary from country to country. The CPEs bought from our authorized dealer/agent/reseller are subject to a limited warranty except as set forth in these Terms of Service. If you receive a CPE from us and the CPE included a limited warranty from another person (such as the manufacturer) at the time you receive it, you should read the separate limited warranty document you got with the CPE for information on the limitation and disclaimer of certain warranties. We will provide a limited warranty on the CPE only for manufacturing defects for a period of one (1) year from your subscription date. If the CPE is defective you can get a replacement CPE by following our return procedures (contact our customer care:email
). You may not change the electronic serial number or equipment identifier of your CPE or perform a factory reset of your CPE. We offer no warranty that the CPE, firmware or software are "error free" or will meet your requirements. You may not attempt to hack or otherwise disrupt our Service or make any use of our Service that is inconsistent with its intended purpose. You have not been granted any license to use the firmware or software we use to provide our Service or that we supply to the users in providing our Service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your CPE for any other purpose. We reserve the right to prohibit the use of any interface CPE that we have not provided to our users. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface CPE that we have not provided to you. You may not reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software. Each CPE sold by us is subject to a monthly recurring fee depending on its geographical location and capacity. The recurring fees are fully due one (1) week before the start of each month. Rates and conditions for the CPE may be changed at any time without prior notification. If you decide to cancel CPE before the new rates take effect, we will refund the remaining time of the current billing cycle. This right of refund expires with the coming into effect of the new prices or conditions. You are responsible for keeping enough funds in your Account in order keep your CPE fully active. Your CPE fee is automatically charged monthly. In case your payment method expires or is not valid, the CPE will be disabled and removed from your Account. You can choose to reactivate it during next ninety (90) days. Reactivation will subject to a reactivation fee that is that location dependent, please refer to the "Billing and payment" paragraph of our Terms of Service. If you do not reactivate the CPE before the expiry of ninety (90) days period the CPE is definitely removed and cannot be reactivated. Our CPE cannot be sold or transferred.
Availability and Quality of Service
Our Service is available 24/7 to all users. Service is subject to account approval at our sole discretion. We are a Reseller Only. We do not provide telecommunication service and are only a reseller of telecommunications services from providers or other distributors or aggregators of such telecommunications carriers. We are not a warrantor, insurer, or guarantor of the services that are provided by the telecommunications carriers.Maintenance & Upgrades
Sometimes our network infrastructure requires to be taken offline for the purpose of maintenance or upgrades. For scheduled maintenances and/or upgrades you will be notified a reasonable time in advance. Also it is possible that emergency maintenance and/or upgrades need to be performed immediately without any notification to ensure the stability, security or availability of our infrastructure. You cannot hold us responsible for the downtime of these events. We can ask any third party for assistance.Support
If you experience difficulties in using our Service, please contact us. To get the fastest and most accurate answer, when writing to our support team, please provide us with precise information such as but not limited to date, time, your Account, nature of the problem you are experiencing and screen captures. We offer varying types and levels of the user service depending on a number of factors, including the service you are using and the problems you are experiencing. For more information on our user service, please go to our "support" section on the Websites. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate service Agreement with us, we may change the user service options at any time.Your Obligations
You will co-operate with all reasonable requests made by us relating to the provision of our Services to you. By registering on Websites, you are obliged to provide very accurate and current information as prompted by our registration pages, maintain and immediately update your online profile information to keep it accurate and current. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You may not select or use a cytalk.com ID of another person with the intent to impersonate that person; use a name subject to the rights of any other person without authorization; or use a user name that we, in our sole discretion, deem inappropriate or offensive. You must be at least thirteen (13) years of age to use our Service. We reserve the right to refuse service to anyone at any time without notice for any reason. You shall treat confidential all passwords, access codes and store such data in a safe place. If you breach any your obligation, your Account will be terminated and will you lose all your rights and balance but still be liable for any breaches or damages. We may, at our sole discretion, terminate your Account for any fraudulent, abusive or otherwise illegal activity, and you may be reported to relevant law-enforcement agencies. Uses of our Services and/or CPEs that can be deemed illegal, improper or inappropriate are the following: use of the service in an abusive, threatening, fraudulent manner, invading another's privacy, auto-dialing, continuous or extensive call forwarding, Telemarketing (any kind of polling, survey and other data mining). You shall not use our Service or your CPE to impersonate another person; as well as use any automated CPEs or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service; use our Service to violate any law, rule, or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access our Service. Please note that the list is not exhaustive but only meant as examples. You are not permitted to transfer the rights and obligations arising from this Agreement to third parties without our prior consent. We are entitled to transfer the rights and obligations arising from this Agreement to our affiliated company.Billing and Payment
Our rates, fees and charges are published on the Websites. Rates can change at any time and be effective from any date. If you decide to close your Account with the new rates taking effect, we will refund the remaining balance. This right of refund expires with the coming into effect of the new rates, fees or charges. We reserve the right to charge for our free of charges service or for any abuse of our free service. Such charges will be disclosed to you prior. Changes in tax rates or other duty rates entitle us to change our rates immediately and without any advance notice, you will not be entitled to any refunds. Your billing is based on our records, these records are based on our telecommunications partner operators call billing, sometimes operator and cytalk.com call reports differ. We reserve the right to make adjustments to your billing in case of billing errors. This also includes but not limited to, system errors, billing bugs, malicious modifications, hacking, and bug exploits. The users are required to notify us if they notice billing bugs or billing errors while using our Service. If you want to dispute any our charges on your statement, you must notify us by sending anemail
within seven (7) days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within fourteen (14) days, you waive any right to contest the charges. And if after our investigation no errors are present, bill will be fully due. We do not round cents: we use two-digits accounting. We do not give credit allowances or refunds for Prepaid Service. Rates, fees and charges may vary from country to country. You are responsible for the use of our Services at all times, even by unauthorized persons. In particular, they must pay the charges incurred for the use of our Service. Balance refund are not possible, the remaining balance can be used until depletion within one hundred eight (180) days from the last call. After this period the account and the balance will be lost and cannot be recovered. When you subscribe to our Service, you must give us a valid email address, billing address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if; your payment method expires; your billing address changes; your email address changes; your payment method is cancelled and replaced because of loss or theft. For usage-based charges, we will bill in advance your payment method for all charges for each service term. An email will notify you of charges your Account is incurring. You can see all your billing reports on the Websites. Recurring services are billed one (1) week before the start of the next billing cycle. Subscriptions are automatically renewed until you decide to cancel them. If we attempt to charge your payment method and our payment provider declines it, you will be notified by email in order to provide a valid payment method in a timely fashion. If you fail to do so in the given time, the services for which the payments are dependent will be discontinued; all issues that may arise from this situation are solely at your responsibility. If we disconnect your service, you will remain liable to us for all charges under this Agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney's fees. You may not resell or transfer your service or your CPE, or provide a telephone service to anyone else by using our Service or features without first getting us written consent. You may not use or obtain our Service in any manner that avoids our policies and procedures, including an illegal or improper manner. If your CPE is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner, you will notify us immediately. When you notify us of one of these events, you must provide your Account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of our Service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you. Until you notify us, you will be liable for all use of our Service using a CPE stolen from you.
