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● Terms & Conditions By accessing and using the BVX website, you agree to be bound by the following Terms and Conditions set forth by Maxteleco “Terms of Use”. All the material in the BVX website is solely intended for the purpose of determining the availability and purchase of telecom capacity through the Maxteleco system. Definition ‘Originator’ refers to anyone who is Maxteleco client and sends VoIP traffic to Maxteleco network. ‘Terminator’ refers to anyone who is Maxteleco supplier and terminates VoIP traffic. ‘Client’ refers to the customers of originator. ‘End users’ refer to the customers of the originator. ‘Maxteleco’ refers to us at no. 6 Rays House, London NW10 7XP. ‘Service’ refers to the activities that Maxteleco undertakes between originators and terminators. ‘Website’ refers to Maxteleco’ S web site (this web site) ‘Airtime’ refers to the number of minutes available to customer based on your credit and your desired carrier’s tariff. ‘Service provider’ refers to our originator who provides their services to their own clients. ‘Partners’ refer to anyone who do business with us directly. ‘Traffic’ refers to the VoIP calls routed to our network by originator which is then terminated by our terminators. ‘Sell credit’ means the money accumulated in your account after terminating VoIP traffic for BVX members. ‘Buy Credit’ means the money the originator deposits in their account in order to send VoIP traffic to BVX carriers. ‘Request payment’ means any request the terminator makes to transfer money to his “Buy credit account” with us or his other bank account or PayPal. ● Patents & Trademarks: All trademarks, service marks, corporate names, logos, websites and domain names of Maxteleco and its suppliers are protected by trademarks & other intellectual property laws and nothing in these Terms of Use shall grant you the license to use such Marks for any purpose. The Services, Software and materials contained in the Website and otherwise provided by Maxteleco are protected by copyright, or other intellectual property laws. Any commercial or unauthorized use of the Services, Software and materials contained in the Website is strictly prohibited, without the express, prior, written consent of Maxteleco. Any reproduction or redistribution of the Services, Software and materials contained in the Website not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. ● OTHER SITES Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of Maxteleco and Maxteleco is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. Maxteleco is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Maxteleco. NO EMERGENCY SERVICE CALLS THROUGH MAXTELECO EMERGENCY SERVICE CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND NEITHER MAXTELECO NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, CARRIERS, PARTNERS, EMPLOYEES OR VENDOR WHO FURNISHES SERVICES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE SUCH CALLS OR YOUR CUSTOMERS/END-USERS FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES, SOFTWARE AND WEBSITE OF MAXTELECO. IN NO EVENT WILL MAXTELECO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE OR WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF MAXTELECO OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL ANY EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE MAXTELECO’S SERVICES. ● Liability Disclaimer IN NO EVENT WILL MAXTELECO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MAXTELECO DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, SOFTWARE, AND THE WEBSITE PROVIDED. DUE TO ROUTINE TECHNICAL MAINTANANACE, SERVICE IMPAIRMANTS OR INTERRUPTIONS BEYOND MAXTELECO’S CONTROL, THE ACCESS TO THE WEBSITE MAY BE IMPAIRED. THEREFORE, MAXTELECO DOES NOT GUARANTEE THAT SERVICE IMPAIRMENTS OR INTERRUPTIONS WILL NOT OCCUR AND DISCLAIMS ANY LIABILITY RESULTING FROM SUCH EVENTS. MAXTELECO’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPNESE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO MAXTELECO BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. Access to and use of password protected and/or secure areas of the website is restricted to authorized users only. You affirm that you are an authorized user and have the capacity and authority to place orders for services with Maxteleco. Maxteleco and you agree that an order placed through this website is the equivalent of a signed order. You agree that Maxteleco, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. Maxteleco may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to or modification of the Service, Software or Website may be effected without prior notice. Further, you agree that Maxteleco shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of Maxteleco contemplated by this paragraph. Maxteleco reserves the right to modify these Terms of Use at any time by providing such revised Terms of Use to you or by publishing the revised Terms of Use on the Website. Your continued use of the website shall constitute your acceptance to be bound by the terms and conditions of the revised Terms of Use. Lawful Use of Our Services You agree to use our Service only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in BVX's sole judgment, the transmission, receipt or possession of such communication or material may constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. BVX reserves the right to terminate your service immediately if BVX, in its sole discretion, believes that you have violated this provision. You are liable for any and all use of the Service by yourself and by any person making use of the Service provided to you and you agree to indemnify and hold harmless BVX against any and all liability for any such use. If BVX, in its sole discretion believes that you may have violated this provision, BVX may forward the objectionable material, as well as your communications with BVX and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding. Use of the Service outside the United Kingdom You agree to assume all responsibility for use of the Service outside of the United Kingdom. If the Services are used in a country other than the United Kingdom, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless BVX against any and all liability for any such use. BVX does not represent, warrant or guarantee that the Service will work outside of the United Kingdom. Intellectual Property The Service and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, information, documents and materials on BVX's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of BVX are and shall remain the exclusive property of BVX and nothing in this agreement shall grant you the right or license to use any such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this agreement. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the website or software. ●Payments ●Originator Payments - Originators agree to pay in advance for all their accounts prior the service is available to them. - Payments made by originators may have to be verified; hence the service will be pending for the verification process. - Maxteleco will guarantee refund for the remainder of unused airtime only if Maxteleco can not deliver its service due to technical issues. - The originator account will be credited for the actual amount received into Maxteleco bank account. ● Terminator Payments - Terminators agree to create an account on our web site. - BVX will credit terminator’s “sell credit” account after VoIP traffic terminated. - The terminator will be able to transfer his balance from “sell credit” account to his own bank account or PayPal. - The terminator will be responsible for any bank charges for transferring the money. - The terminator will supply the details of their bank account on our web site for which the terminator is responsible for the accuracy of such details. Under no circumstance, Maxteleco is liable for transferring payments to wrong accounts. - The originator or terminator is responsible for the security of their user name and password of their accounts. Maxteleco will not be liable for any misuse of these details or the service causing loss of any money. Billing Disputes. -Minimum Request Payment is $100.00. You must notify BVX in writing within seven (7) days after providing your online statement if you dispute any BVX charges on that statement or such dispute will be deemed waived. Billing disputes should be sent to the following address: Maxteleco Ltd. Suite 3, Rays House North Circular Road London NW10 7XP ● Taxes You are responsible for any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, universal service fees, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for our Service. ● UK VAT Maxteleco will charge VAT on its products and services if your company is based in the UK regardless of the location where you are trading. Should you fail to disclose your actual UK business address or deliberately provide wrong information with regards to the location of your company, Maxteleco reserves the right to close your account and hold you responsible for any unpaid VAT on the products or services that you have already received from Maxteleco or its other trading names. ● Governing Law The agreement and the relationship between you and Maxteleco shall be governed by English laws of the United Kingdom. ● Entire Agreement This agreement and the rates for Services found on BVX's website constitute the entire agreement between you and BVX and govern your use of the Service, superseding any prior agreements between you and BVX and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. ● Changes to Terms of Service BVX may change the terms and conditions of this agreement from time to time. Any changes to this Agreement will become binding on you effective on the date posted to the BVX website and no further notice by BVX is required. This agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of our services.
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