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TENTEL
conditions of use for private and voip providers
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1. Contractual bases
1.1. The
following General Conditions of Business apply to all customers wanting to
make use of the services of Ki Com Telecomunicazioni ("TENTEL") with
registered address in Villaricca ( NA ), Italy, and living within the
territory of the Republic of Italy and/or having or having been allocated
an Italian telephone number.
1.2.
TENTEL provides the Service defined below exclusively in accordance with
the terms of the Italian Telecommunications Act and with the following
General Conditions of Business for the use of Voice-over-IP-Telephony. The
customer protection provisions of the Italian Law shall apply even where
this has not been expressly stated.
1.3.
Using the public telephone network or the internet, TENTEL offers a
telephony platform for connections to pre-determined addresses in the
internet or in the public telephone network. TENTEL will continue to route
telephony communications into the internet and into the public telephone
networks for as long as these networks exist and are available. However,
the availability of the internet and the public telephone networks does
not fall into the area of responsibility or influence of TENTEL. As a
rule, transmission is effected in the form of packages on the basis of
recognized protocols and procedures for Voice over IP ("VOIP"). It lies
within the nature of the Service that TENTEL is unable to guarantee that
the Service is free from interruptions and not subject to breakdowns or
package delays. Nevertheless, TENTEL undertakes at all times to do its
utmost to ensure that such breakdowns and interruptions are kept to a
minimum.
1.4. The
customer acknowledges that, when using the Service, in view of its nature
as described, the Service cannot be used as a substitute for a
conventional telephone service and that, for example, calls cannot be
connected to the police or to emergency services. The customer also
acknowledges that, because of the experimental character of the Service,
technical modifications may be required at any time. These could also be
due to national or international requirements, as the regulatory framework
for the Service is still at an early stage. Modifications of this nature
are not included in the unilateral risk sphere of TENTEL.
1.5. The
use of Voice over IP services is subject exclusively to the following
contractual conditions. Contravening terms of business proposed by the
customer shall not be valid and shall not be applicable even where they
have not expressly been rejected.
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2. Provision and description of the service
2.1.
TENTEL provides its customers with This web site exclusively for the
private and commercial use of consumers.
2.2. Via
the public telephone network or the internet TENTEL offers a platform for
the provision of telephony to targeted connections in the internet or in
the public telephone network. With his user name and his password, the
customer can sign on and build up his own internet connections on the
basis of the TENTEL platform and communicate with other subscribers on the
internet or the public telephone network ("Dial-Out") or receive
communications from other subscribers ("Dial-In"). Communications to other
subscribers within the internet is only possible if the other party also
has internet access via the TENTEL platform and if his IP address is
accessible ("active participant"). Furthermore, communications using the
"Dial Out" are technically possible provided that the called subscriber is
attainable in the public telephone network through an existing connection.
2.3. In
accordance with the present conditions, the Service includes both charged
calls and also non-charged calls. Where the calls are chargeable, the
Service is only available if the customer has a certain credit level that
is enough or more than enough for the charge to be paid.
2.4. A
communication using telephony can only take place if it is technically and
economically possible.
2.5. It is
pointed out that, because of the nature of the Service breakdowns and
interruptions can occur. It is also pointed out that risks can arise when
using an SIP client in an unsecured network. The systems that carry the
Service as described in the operational sphere of TENTEL are calculated to
have a 97.5% availability over a calendar year.
2.6. In
order to protect the interests of the customer against improper use and to
ensure consumer protection, TENTEL reserves the right to block personal
calls to individual numbers, groups of numbers or certain countries either
permanently or temporarily. The customer is solely responsible for taking
the necessary precautions against improper use within his own area of
responsibility and has no legal right to require TENTEL to take any such
precautions against any improper use for which it is not responsible.
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3. Conclusion of the Contract and duration: Framework Agreement and
individual usage together with a Trial Version
3.1. The
present Framework Agreement, whereby the customer is granted a general
right of usage of the services, comes into being once the customer applies
on the TENTEL web portal in the prescribed manner for the Service and
TENTEL accepts the application and the contract by communicating the
access data or by some other suitable means. If the customer has not
applied for a credit or if the validity of the credit has expired, the
Framework Agreement shall be of indeterminate duration and can be
terminated at any time by either of the parties.
3.2. Usage
of the individual TENTEL services requires that the customer has concluded
the Framework Agreement ("has registered") and enters into a separate
contract for the usage of each individual service. This individual
contract deriving from the Framework Agreement shall come into being when
the customer requests (makes an offer for) the Service and TENTEL performs
(accepts) this service. Each individual contract shall end once the
respective Service has been provided. The contractual relationship can
thus be compared to the ending of a contract in the "closed call-by-call"
system (call-by-call with prior notification) in conventional telephony.
However, the particular feature lies in the calculation and the payment of
the chargeable services, as these are paid ("pre-paid") by purchasing
credit in advance.
3.3. To
use a chargeable services the customer will need to purchase credit,
entitling him, in the manner of a Framework Agreement, to make use of the
chargeable services on an individual basis ("Call-by-Call") in accordance
with the list of charges applicable to the respective service. The charges
for the individual chargeable services shall be notified to the customer
before usage commences, or in some other suitable manner. The charges
incurred in this manner shall then be deducted from the amount of credit
purchased
3.4. Once
the customer purchases credit for using chargeable services, the present
Framework Agreement shall have a minimum duration of 6 months from the
date on which TENTEL receives payment for the credit.
3.5. In
accordance with current legislation, TENTEL is required to record the
customer's name and address and also his password (with fixed connections
and address), even if this information is not required for charging
purposes. The customer undertakes to give such information truthfully and
to update it as necessary. TENTEL undertakes to use this information only
for legally prescribed purposes unless the customer has given his
agreement for it to be used elsewhere.
3.6. The
customer is not permitted to disclose his access details to third parties.
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4. Non-chargeable calls without the requirement for credit
4.1. Calls
between participants, both of whom have a registered internet access
through a TENTEL platform and who can be reached through this internet
access are not chargeable. In such cases, the responsibility for the
establishment, maintenance and payment of the internet access lies with
the customer.
4.2. No
credit balance is required for these non-chargeable calls. However, the
customer must be registered with TENTEL as a customer.
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5. Chargeable Dial-Out
5.1.
TENTEL undertakes to carry out the chargeable connection of calls to the
public telephone network for customers. This is only technically possible
where a direct or an indirect connection exists with the telephone network
to which the required call is to be made.
5.2. In
this way, Call-by-Call calls in particular can be routed to national
Italian landline and mobile telephone networks as well as standard
international calls. No guarantee can be given for a routing to a
particular network, as the responsibility of TENTEL is limited to
attempting to make connections for outward calls to the target network.
5.3. The
final contract on the routing of each individual call on a "Call by Call"
basis shall only come into being when the connection has been successfully
made by TENTEL. The individual contract for the call shall end as soon as
the call, for whatever reason, is ended.
5.4. Each
individual call shall be chargeable in accordance with the list of charges
that is valid as at the time of the call made by the customer. The actual
cost of the connection will be displayed on the customer's webpage before
the call is connected.
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6. Non-chargeable Dial Out subject to confirmation
6.1.
TENTEL can determine that certain target calls in the current list of
charges for Dial Out calls within the meaning of No. 5 above should be
non-chargeable.
6.2. The
customer shall be expressly made aware of the fact that, when establishing
which Dial Out calls are non-chargeable on the basis of the current list
of charges, TENTEL shall be entitled to claim that this is subject to
confirmation so that changes can be made at any time. When the customer
purchases a credit he shall be clearly informed of the fact that even in
this case destinations shown as being non-chargeable in future lists of
charges could be changed or even deleted altogether. Whether a call is
chargeable or non-chargeable shall be displayed whenever the customer
starts to make a call or notified in some other appropriate manner.
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7. Charges and calculating charges
7.1. Every
chargeable call or service shall require the customer to have an
appropriate credit balance that is at least sufficient for the call in
question.
7.2. Where
a charge is made for chargeable Dial Out services in accordance with No. 5
above or for any other chargeable service agreed between the parties, this
charge shall be based on the respective list of charges applicable at the
time of concluding the contract for the chargeable service in question.
The charge is notified to the customer before the individual contract is
accepted and before the Service is carried out or notified in another
appropriate manner. If the customer allows the Service to be performed by
TENTEL in accordance with the terms of the contract, he shall declare that
he is in agreement with the charge and that TENTEL is entitled to deduct
the charge from his credit balance.
7.3.
Unless otherwise indicated, the prices for chargeable services and calls
are always based as a charge per minute and are calculated on a minute by
minute basis. The customer shall be responsible for all charges incurred
when his access details and password are used. This shall be understood to
include unauthorized use by third parties insofar as this use has been
made possible in some manner by the customer.
7.4. If a
charge is incurred and cannot be covered by the credit balance, TENTEL
shall be entitled to debit this separately. It may be debited in the form
of an on-line statement, by e-mail or in any other appropriate form. The
charge is payable on receipt.
7.5. All
charges shall be deducted from the existing credit balance and the usage
data shall be stored for a period of up to 6 months with effect from the
time of the service. After this period, TENTEL is required to delete the
data unless the customer has lodged an objection within the permitted
period. Any such objection is to be raised within a period of 8 weeks from
the date on which it is perceived from the statement details. After this
period, the statement shall be deemed to be agreed. In the individual
statements of account or in his on-line account, the customer shall be
notified of the period permitted for such objections, of the consequences
of failing to submit an objection within the period specified and of the
address to which the objection should be sent. The same shall apply, if,
in exceptional cases, TENTEL submits a separate invoice.
7.6. With
the communication platform, TENTEL undertakes to provide the customer with
access to an online calculation, enabling the customer to see and verify
his account at any time. The customer is contractually obliged to view his
on-line account at least once a month, thus asserting his verification
rights. This form of calculation corresponds to the procedure that is
recognized and practiced in comparable conventional telephone systems and
by using it, the customer confirms that he believes it to be both
reasonable and usual.
7.7. Any
objections to the statement of account must be made by the customer in
text form or in writing within the stipulated period (cf. No. 7.5.) and
sent to the address shown in the on-line statement of account. TENTEL
requests that the customer include all relevant details with his
complaints so that these can be easily verified. In the event of a
complaint, TENTEL undertakes to break down the call in question into the
respective call data as proof of payment while protecting the data privacy
of any other users and to conduct a technical test, unless it can be shown
that the complaint was not attributable to a technical defect. Within the
period allowed for the objection, the customer can request a sight of the
proof of payment and the results of the technical test. Failure to provide
such details within a period of eight weeks from the date of an objection
shall have the effect of extinguishing all claims in respect of delay made
to that date. The statement of account shall not be payable until these
items have been submitted. If, as a result of technical problems, no
traffic data have been stored, or if no objections have been raised and
stored data have been deleted once the time allowed for objections to be
submitted has elapsed or on the basis of legal requirements, TENTEL shall
not be liable to provide evidence of connection services made or details
of individual calls. TENTEL shall be obliged to demonstrate that the
telecommunications service or the access to the telecommunications network
to the customer's network access have been effected technically correctly.
If the technical test reveals defects that could adversely affect the
calculation of the disputed charge payable by the customer, or if the
technical test is completed more than two months after the customer's
objection is received, it shall be irrefutably concluded that the call
event that was charged was incorrectly calculated.Insofar as the customer
can demonstrate that he cannot be held responsible for the use of
services, TENTEL shall have no claim against the customer for payment.
Such a claim shall also fail if the facts bear out the assumption that
third parties are responsible for incurring the charge shown in the
statement of account as a result of their unauthorized modifications to
public telecommunication networks.
7.8. If,
by way of exception, the customer receives an invoice from TENTEL, this is
payable no later than the payment date shown. If this payment date is
exceeded, the customer shall be deemed to be in arrears and, without
prejudice to its right to seek additional compensation, TENTEL shall be
entitled to charge the customer late interest at a rate of 5% above the
current base rate charged by the European Central Bank.
7.9. The
customer's right to offset and retain payments against TENTEL shall only
exist if any such claims are not disputed and have been upheld in a court
of law.
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8. Acquisition and validity of credit
8.1. The
customer can purchase a credit on the TENTEL web platform entitling him to
use TENTEL chargeable services at the prices shown on the list of charges
applicable as at the time of concluding the contract. This credit becomes
valid once the equivalent value has been paid or transferred by the
customer. Payment is to be made in one of the manners shown on the web
portal. Once a credit has been purchased, it will be valid for 120 days
from the date of its registration ("Duration of validity"), for details
see No. 8.6.
8.2. The
requirement for the customer to acquire a credit balance shall last until
the customer's payment has been received by TENTEL without any possibility
of it being reclaimed by the customer.
8.3. If
the customer makes his payment by a direct debit through his bank (bank
transfer), the following shall apply: With his agreement to the direct
debit transfer, the customer confirms that his bank account has sufficient
funds to cover the transfer. The customer's payment liability shall
continue until the required sum has been irrevocably credited to TENTEL's
account. This shall apply in particular in cases where a debit note issued
by TENTEL is not encashed or is revoked. If a justified TENTEL debit note
is not encashed for reasons attributable to the customer, TENTEL shall be
entitled to seek compensation and to debit the customer with all costs
incurred (including bank charges) in the form of a lump sum handling
charge equivalent to ?15. Both parties reserve the right to increase or to
reduce this amount of compensation.
8.4. The
credit may no longer be used once the period of validity (see No. 8.1) has
expired. However, at this point the customer can utilise all remaining
credit ("residual credit") by acquiring further credit in the following
period. The new credit that he purchases is increased by the residual
credit and is available for the period of validity of the new credit
balance. By way of alternative to this option, the customer can claim a
refund of the unused, expired credit. To do this, he is required to send a
request in text form to TENTEL requesting a refund and quoting his name,
his user number, the amount of refund required and details of his bank
account (for overseas accounts the IBAN number must be given). A claim to
reactivate or to receive a refund of any residual credit shall lapse in
accordance with current legislation after the end of the third calendar
year from the expiry of the validity of the residual credit balance.
8.7. If
the customer wishes to use his residual credit after the expiry of the
period of validity, he must not terminate the Framework Agreement, or, if
he does so, he must enter into a new Framework Agreement, giving his
former customer number, as otherwise he will not be able to acquire fresh
credit.
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9. Obligations of the Customer
9.1. The
customer is obliged to use the Service only for lawful purposes in
accordance with the conditions of the present contract. If it suspects
that improper use is being made of the Service TENTEL shall be entitled to
impose an immediate block.
9.2. The
customer shall not be permitted to make any improper use of Voip services,
and in particular, the possibility of gratuitous telephony, of the Voip-In-Number
or of commercial offers or in any way that could adversely affect the
TENTEL network or other customers, or the access to or the use of the
TENTEL network.
9.3. The
customer undertakes not to use any equipment or to carry out any
applications that could lead to changes in the physical or logical
structure of TENTEL systems and/or the networks that these use.
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10. Changes in technology, software and passwords
10.1.
TENTEL reserves the right to change the access data, whenever this is
necessary for operational reasons and where it is reasonable for the
customer.
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12. Termination of the Service (Framework Agreement) by the customer
12.1. If
the customer has not purchased any credit, he shall be able, without
giving any grounds or notice, to terminate his use of the service by
notifying TENTEL of his intention either by e-Mail or by letter sent to
the latter's address. Alternatively, he can notify his wish to terminate
in the dedicated TENTEL web portal. In all cases, this notification is to
be in text form.
12.2. If
the customer has purchased credit, the minimum duration of the present
Framework Agreement shall be six months. This minimum period shall
re-commence with each fresh purchase of credit. After the expiry of the
minimum duration period, the customer shall be entitled to give
notification of termination at any time in accordance with No. 12.1.
12.3. In
addition, in the case of distance contracts, the customer shall be
entitled to terminate the present agreement in accordance with current
legal provisions.
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13. Termination of the Service (Framework Agreement) by TENTEL
13.1. If
the customer has not purchased any credit, TENTEL shall be able to
terminate the present contract at all times. This termination may be
notified on the TENTEL web portal. If the customer has a credit balance,
TENTEL shall be able to terminate the present contract at the end of the
minimum period of duration.
13.2.
Additionally, TENTEL shall be entitled in particular to notify the
customer of an extraordinary termination of the present contract if a) the
customer suspends his payments when payments are due, or b) if payment for
the services used by the customer is no longer guaranteed, in particular
if an application to open insolvency proceedings is brought against the
customer or if the customer is required to make a statutory declaration.
13.3.
Regardless of the grounds for the termination of the present contract, the
customer shall remain liable for all charges, costs and interest that he
has incurred as a result of his use of the Service.
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14. Warranty
14.1. With
regard to the telephone service, within the framework of the restrictions
deriving from the nature of the Service, TENTEL guarantees the
availability of the level of service and, in the event of breakdowns, that
these will be rectified as quickly as possible.
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15. Liability
15.1.
Insofar as TENTEL, as a provider of telecommunication services, has an
obligation to the public to indemnify one or more end users in respect of
prejudice to property excepting where this is due to a wilful cause, its
liability shall be limited to a maximum of Euro 500 to each end user. If
this liability is incurred as the result of a single action or a single
prejudicing event committed against a number of end users, and if it is
not due to a willful cause, without prejudice to the limitation indicated
in the first sentence of the present paragraph, liability shall be limited
to a total of 1 million Euro. If the amount of indemnity to be paid in
respect of prejudice suffered by a number of parties as a result of the
same event exceeds the maximum amount shown in the second sentence of the
present paragraph, the amount of compensation to be paid to each party
shall be reduced in such a way that the total amount payable does not
exceed this maximum amount. The above limitation of liability shall not
apply to claims for compensation in respect of prejudice sustained as a
delay in the payment of compensation claims.
15.2.
TENTEL's liability in respect of guaranteed properties and personal injury
and claims under product liability legislation shall not be affected by
the above provisions.
15.3.
Insofar as TENTEL's liability is effectively excluded or limited, this
shall also apply to the personal liability of its employees and other
members of TENTEL's personnel, organs, representatives and associates.
15.4.
TENTEL shall not be liable in the event of cases of force majeure, which
render TENTEL's service more difficult or impossible to deliver. In such
cases, TENTEL shall be entitled to defer the performance of its
obligations by an amount of time equivalent to the duration of the event
in question and a reasonable restarting period. TENTEL shall not be liable
for the consequences of breakdowns and interruptions in its
telecommunication services insofar as these are inevitable in terms of
their nature and duration or are necessary for the effective or improved
operation of the service. In the same way, TENTEL cannot be held liable
for the non-performance of contractual obligations, if such non-compliance
is shown to be due to events that lie beyond the control of the
contractual parties.
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16. Changes in the Contract
16.1.
Without prejudice to other rights contained in the present contract,
TENTEL shall be entitled to introduce changes into the present contract
provided that these are not unfair or unreasonable for the customer.
16.2. Any
changes to the terms, the call charges or the scope of the Service as
defined in the present contract shall be notified to the customer, at
TENTEL's option, in one of the following ways: a) by being displayed on
the internet page of the respect Voip service for the customer to view, b)
by means of an individual written notification sent to the customer at
least one month before the entry into effect of the change, or c) in the
case of changes to fixed call charges: by means of a new list of charges
to be published and requiring confirmation in the system before these are
entered in the system.
16.3.
Where a change is to the disadvantage of the customer, the latter shall,
where so notified as in 16.1 a) or b) above, be entitled to give notice to
terminate the Service within a period of one month from the date on which
the change becomes effective.
16.4. If
TENTEL makes use of the alternative indicated in No.16.1. c), that is to
say that the customer first learns of a change in charges from an
announcement made in the system and is required to confirm this, he shall
be entitled to terminate with immediate effect. If he fails to make use of
this termination right, the change shall become effective at the expiry of
the period of notice. If no termination is notified in response to the
above alternative c), it shall become effective with the first call made
by the customer after the confirmation of the new charges has been
received in the system.
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17. General powers of TENTEL and an improper use of the Services
17.1.
TENTEL reserves the right a) in response to an order from a regulatory
authority to suspend the Service with immediate effect; b) to suspend the
Service temporarily for reasons of repair or maintenance or other such
work to the installations relating to the delivery of the Service being
carried out to ensure the effective or the improved operation of the
Service. TENTEL undertakes to make every effort to remedy any disruptions
to the service or to take steps to ensure that these are remedied.
17.2.
Where necessary, in accordance with Italian law, TENTEL may take, process
and use personal and call data that may be necessary in order to detect
and remedy any deterioration of performance or any other improper use of
the telecommunication services.
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18. Telephone secrecy and data protection
18.1.
TENTEL guarantees telephone secrecy and data protection in line with
current legislation. A summary of the protection that is afforded is given
below:
18.2.
TENTEL may record, process and use the customer's personal data as
necessary in order to enter into or to modify a contract for the delivery
of telecommunication services including the design of these with the
customer (personal data). Personal data may also be processed and used by
TENTEL where this is necessary for the purposes of contacting the
customer, for publicity and for internal market research purposes and also
for the required design of the telecommunications services by TENTEL if
the customer has given his agreement. Call data, and in particular the
number of the caller and the called party, personal passwords,
VoipSoftware, location passwords for mobile connections, the start and
finish of calls together with any other services required may be recorded,
processed and used by TENTEL within the framework of current legislation.
TENTEL may store and transmit call data to the extent that this may be
necessary for TENTEL's calculations with other companies or
telecommunication network operators.Data processing shall take place in
the company's offices and also within the area of the European Economic
Community.
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19. Applicable law, place of jurisdiction
19.1. In
the event of one or more of the terms of the present conditions being or
becoming invalid, the validity of the remaining terms shall not be
affected. The invalid term is to be rephrased in such a way that the
original purpose, provided that this is lawful, is still achieved. If this
is not possible, the invalid term is to be replaced by another term that
comes as close as possible to the original intention of the contract.
19.2.
TENTEL shall be able to assign the present contract to any other company
provided that it notifies the customer of the identity of the company
before such an assignment is effected and advises the customer of his
right to terminate the contract subject to a period of one month's notice
to be given in writing or in text form and quoting his address. Any such
assignment shall not be able to take place before this notification is
given and before the expiry of the period of notice.
19.3. The
law to be applied shall be that of the REPUBBLICA ITALIANA. The place of
jurisdiction shall be the customer's domicile.
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20. Provisions and information on Distance Contracts
20.1.
Since and insofar as, in accordance with § 312 b BGB, the present contract
has been concluded by distance communication (and in particular by fax,
e-mail, web or post for the transmission of the contract and the
application), it is understood to be subject to the following terms and
conditions:
20.2. The
company's registered address is at Via Napoli 3 – 80010 Villaricca ( NA ),
and the company is listed in the Commercial Register at Napoli ITA ( P.IVA
: IT 05960481215 The company is represented by Mr. Raffaele Santone
20.3. The
object of the present contract is the provision of VOIP telephone services
by Ki-Com di Raffaele Santone
20.4.
Right of revocation
You may
revoke your contractual declaration in text form (e.g. by letter, fax or
e-mail within a period of two weeks) without having to cite grounds. This
period shall commence as soon as your notification in text form is
received, but not before the conclusion of the present agreement and not
before our information obligations have been satisfied. To comply with the
revocation period, the revocation must be sent promptly. It should be sent
to the following address:
Ki-Com di Raffaele Santone
Via Napoli 3
80010
Villaricca ( NA ) - ITALIA
PRIVATE
POLICY
Ki Com di
Raffaele Santone does not sell, rent, loan, trade, lease or otherwise
transfer any personal information collected through Voice Trading software
or service to any third party outside the Voice Trading network. |
