Phone-C TRY&BUY TERMS
1. Phone-C is provided to the USER free of charge for 60 days and it is a computer application, softphone-type software or plugin developed by VOZTELECOM OIGAA360 S.A., hereinafter VOZTELECOM, with CIF A-63102149 and domiciled at C/Artesans 10 – 08290 Cerdanyola del Vallés, Spain, with a range of features to facilitate communications and collaborative tools for companies.
The activation date for this period is considered to be the moment time in which the user logs on to his/her Gmail for the first time after installing the application. After the trial period, all USER wanting to maintain the application, will be required to sign up through the website www.phone-c.com and pay the annual fee corresponding to the current offer, acquiring the status of a CUSTOMER.
2. Phone-C is available for USERS who have internet connection and have a PBX or SIP Trunk. To activate Phone-C it is necessary to have a Gmail account by Google™, either professional (G Suite) or free (@gmail.com), that will be linked to the user for correct operation of the application, and use Google Chrome browser™ and have installed a software component on the USER’s computer. The CUSTOMER and the users designated by this same will receive an email including a link with a 30-day expiry date.
The CUSTOMER or the USER will be responsible for configuring their Phone-C application. For the procedure on how to do it, users can browse the web www.phone-c.com. For the ‘Try&Buy’ option, VOZTELECOM has a fair usage policy and reserves the right to limit the maximum number of extensions and associated users to one CUSTOMER.
3. Calls to the public network requested through the Phone-C application, will be charged at the same rate as set by the USER’s provider and will be billed by the latter as a similar call made using the telephone service used by the same and according to the PBX set-up. Any call made using the Phone-C application, with the functionality ‘send to landline’ or ‘send to mobile’, will require an additional call that will be billed according to the service provider’s rate plan.
2. FEATURES OF THE Phone-C APPLICATION
2.1. Phone-C is a softphone application or software that is integrated into the Google Gmail™ interface, as an extension of the Google Chrome™ browser. Phone-C can be disabled by the USER or CUSTOMER.
Phone-C will only be installed on e-mail accounts that have been provided by a CUSTOMER or USER. If the CUSTOMER is a company, the latter may enable and configure the application with the data of each USER so that they can download it using the Google Chrome™ browser from each USER’s computer and use it.
Before installing the Phone-C application on the Google Chrome™ browser, VOZTELECOM shall seek consent from the USER to carry out the storage, access or sharing of data stored in the USER’s G Suite or Google Gmail™ account or provide notifications. The USER may at any time uninstall Phone-C from the Google Chrome™ browser by disabling the access and/or requesting cancellation of the CUSTOMER status.
For the purposes of the Law of Information Society Services, consent for, where appropriate, the processing of the data may be facilitated by means of the use of the appropriate settings in the browser or other applications that shall not prevent any storage or access of a technical nature for the sole purpose of carrying out the transmission of electronic communication or, in so far as is strictly necessary, for the use of Phone-C by the USER.
VOZTELECOM, is not responsible for the information transmitted under the status of access provider or as an intermediary of a communications network for the strictly technical processing of files that contain data during their transfer that may involve the automatic, provisional, temporary and transitory storage of data on their platforms, provided this solely serves for allowing its transfer or for the sole purpose of making it more effective.
In order to connect Phone-C, the CUSTOMER must provide the credentials of his/her SIP extension that will be transmitted securely using HTTPS protocol to the VOZTELECOM servers. Under no circumstance will these credentials be shared with third parties and their use will be exclusively for connecting the Phone-C application, for the purpose of its correct operation. Our safety recommendations are available for consultation at www.phone-c.com
Any changes or modifications which the USER and/or CUSTOMER carried out in the configuration of its information and communications systems for using Phone-C will be the sole responsibility of the same.
2.3. Phone-C enables and allows integrated use with the telephone service of the following utilities:
- Use microphone
- Have keyboard to dial tones
- Load e-mails associated with the recipient of the call
- Record audio
- Facilitate approximate transcripts in Spanish
- Divert and/or transfer calls
- Screen sharing
- Make video call
- Using the browser, request calls to be made for being attended from the computer itself or via the telephone.
- View the USER’s contact information
In any case the CUSTOMER and/or its USERS may freely decide to use the indicated features, and the purposes and the use they want to carry out regarding the same under their own and exclusive responsibility.
The use of the application involves the temporary storage during one year of the list of calls requested through Phone-C up to a maximum of 1,000 records per day.
If the administrator uses the contacts management of the Phone-C group, he/she also accepts that they are transferred securely to the VOZTELECOM servers so that they can in turn be replicated to other users within the company who have access to the service. These contacts, will under no circumstance be shared with third parties, and their use will be exclusive for the replication of the same to other users.
2.4. Phone-C is an application that has been developed by and is the property of VOZTELECOM OIGAA360 S.A. and in no case belongs to Google™. However, Phone-C is a software developed on the Google Chrome™ browser and on the basis of the existing functionalities within Google™, therefore the CUSTOMER and each USER consent prior to the use that Phone-C software of VOZTELECOM, by means of the authorisation mechanisms of Google™ relating to third-party applications, to access the information that each USER has authorised to provide in accordance with the actual notices and permissions granted and belonging to Google™. In this way, Phone-C will automatically facilitate the search for e-mail addresses and contact numbers of the participants in a message thread and automatically e-mails will be sent to you or to your caller in your name if the USER uses some of the features such as screen sharing or video conferencing, always having obtained consent prior to sending.
2.5. Phone-C is not and in no way constitutes an electronic communications service, it is a software that allows to establish connection between two devices through electronic communication networks and services, and with this, it requests to make and receive calls from the application using the communications service hired by the CUSTOMER. Phone-C does not replace the telephony service which the CUSTOMER has contracted and that he/she will continue to use.
The use of the Phone -C application allows the USER to request voice calls from his/her computer using the Phone-C tool to connect, from the USER’s browser, his/her computer with the communications service hired instead of using the landline telephone terminal. Calls requested via the Phone-C software will always originate in the communications service used by the CUSTOMER and not in the USER’s personal computer. To this end, it will be necessary to have Internet connection, either by network cable or via WiFi. As this is an application installed on the USER’s computer and not always usable from the access to VOZTELECOM, VOZTELECOM will not be held liable for the correct operation of this at all times nor the level of quality of the call, which will depend mainly on the characteristics of the Internet connection from which the USER is connected and the computer from which connection is establish. Internet access via local network cable is recommended.
2.6. Calls requested using the Phone-C application, will be invoiced and will have the same rate plan for the communications service as contracted by the CUSTOMER regardless of Phone-C.
The USER is warned that calls requested through the Phone -C application to emergency numbers shall be processed in the same way as if they had been made from the communications service contracted by the CUSTOMER to his/her provider related to Phone-C, regardless of the location of the computer where the Phone-C application is installed, hence the USER should not use the application in case of emergency and is advised to not request said calls through the use of the application in such a case.
3. Phone-C LICENSE
This License is granted for use solely by the USER or CUSTOMER (or by the USERS of the CUSTOMER) as an end user, and is limited to 50 extensions per CUSTOMER. In addition, to ensure optimum sizing and operation of Phone-C, VOZTELECOM reserves to temporarily limit or restrict the volume of downloads regarding the application.
3.2. Without prejudice to the User License granted to the CUSTOMER, any other title and rights over the Phone-C Software, its components, its updates and/or modifications, and over the documentation associated with the same, including, without limitation, any right for reproduction, copyright and any other intellectual or industrial property rights, are the property of VOZTELECOM. Nothing in these Terms and Conditions must be understood or interpreted as an assignment or transfer of intellectual or industrial property rights by VOZTELECOM. The software and any other technical and commercial information that is not in the public domain should be preserved as confidential by the CUSTOMER or USER.
Including but not limited to, VOZTELECOM prohibits and does not authorise in any manner the marketing or reselling of the License or Phone-C software to third parties, sublicensing, assignment or transfer to third parties in any way of the rights acquired through this license, neither does it allow its use by third parties who are not USERS, nor performing reverse engineering, decompilation, disassembly of the Software or its components, or any attempts to obtain the source code of the same by any means, nor to modify, adapt, version, translate or create derivative works based on the Software or its components. It also prohibits the removal of any notice or property label included in the Software and any technical measure implemented in the Software for the protection of the rights inherent to VOZTELECOM.
3.3. The CUSTOMER and the USERS will refrain from using the Phone-C Software with fraudulent or illegal purposes, or ina manner contrary to that established in these General Conditions or for a purpose not provided for by the Phone-C Software. In addition, the CUSTOMER agrees to not use the Phone-C Software in any manner which could damage, disable, overburden, or impair the Software itself, or the networks or equipment belonging to VOZTELECOM or to third parties.
3.4. The CUSTOMER shall be responsible for the use that he/she and the USERS make of the Phone-C Software. The CUSTOMER will be responsible for all activity that occurs through its use (or that of its USERS) of the Phone-C Software and undertakes to comply with all laws and national and international regulations that may be applicable. VOZTELECOM accepts no liability that may arise from a potential misuse of the application.
3.5. The USER of Phone-C will at all times use the application with the parameters established by the Administrator of the CUSTOMER’s company, without modifying these. The Administrator may at any time access the configuration settings to suspend the Phone-C application for the reasons freely deemed convenient.
3.7. VOZTELECOM does not guarantee that the software supplied with Phone-C and installed on the CUSTOMER’s computers or those of its USERS will operate uninterruptedly or error free or that it will work with any combination of hardware and software selected, and/or used by the CUSTOMER. The application installed on the Google™ Chrome browser is offered to the USER as it is available and in no other way. Hence VOZTELECOM does not provide any guarantee that does not expressly acknowledge in relation to such Software or regarding its specific functions, reliability, availability or ability to meet the needs or goals of the CUSTOMER. Therefore, VOZTELECOM will not be deemed responsible for any potential coding errors or ‘bugs’ that may affect its proper functioning or its proper compatibility with all versions of Chrome and devices, and, in the event of failure of the same, will not be held responsible for any damages or losses caused to the USER using the application, who does so at his/her own risk. In any case, if the applicable law were to derive give rise to liability for VOZTELECOM, this will be limited to the amounts paid by the CUSTOMER or USER to VOZTELECOM for the use of the application.
3.8. The CUSTOMER agrees that Phone-C Software excludes, to the extent permitted by law, all express, implicit, legal or other conditions, representations and warranties, including, in particular but not limited to, any implied guarantee relating to the quality, performance, availability, absence of errors or viruses, loss of packages, marketing or adaptation or suitability for a particular purpose or use.
3.9. VOZTELECOM shall not be held liable for events beyond its control due to force majeure or fortuitous events. However, the CUSTOMER’s compliance with its payment obligation cannot be excused due circumstances of force majeure, neither will the CUSTOMER be released from said payment.
4. UPDATE, AMENDMENT, VALIDITY AND REVOCATION OF THE LICENSE
VOZTELECOM also reserves the right to update and/or modify at any moment the presentation, interface, technical configuration, content and/or any of the functionalities of the Phone-C software or extension, under the terms that VOZTELECOM deems appropriate. The release of a new version of the software may involve the payment of a new consideration in order to obtain the corresponding User License of the new version of the Software. If a modification or update of the software were to require changes in the CUSTOMER’s equipment, VOZTELECOM will not be responsible for the expenses arising from such changes that must be borne by the CUSTOMER. The use of the Phone-C Software once it has been updated or modified shall imply the acceptance by the CUSTOMER of the modifications which have been made.
4.3. VOZTELECOM reserves the right to restrict, suspend, revoke, and/or terminate, in whole or in part, the User License granted to the CUSTOMER, immediately and without notice, in the event of non-payment, misuse or breach by the CUSTOMER or the USER of these Terms and User License, or in the event of any general cause for resolution of the obligations provided for by law, and, in particular but without limitation, if the CUSTOMER or the USER carries out fraudulent activities through the Software or any other type of action that negatively affects or causes or may cause damage to VOZTELECOM or to third parties. The termination due to a breach by the CUSTOMER will not entail any waiver of VOZTELECOM to any possible compensation and the exercise of the corresponding legal actions.
VOZTELECOM shall not be liable for any loss or damage arising from any unavailability of the Phone-C application or interruption of its functionality, or by the termination or revocation of the User License.
4.4. Upon the conclusion of the User License due to any reason, the CUSTOMER or USER shall refrain from further use of the Phone-C Software, and will uninstalled and deleted the extension. VOZTELECOM may adopt technical measures as may be necessary to block or prevent the use of the Phone-C Software once the User License has ended and the Phone-C functionality associated to the pertinent USERS may be completely removed.
5. LEGAL REGIME
5.1. The applicable law is the Spanish Law. For the resolution of any dispute arising from the terms and conditions of the contract, the parties submit to the jurisdiction of the courts and tribunals of Barcelona (Spain).
5.2. If any part of these Terms is held to be void or invalid or unenforceable by judicial decision, the rest will retain their binding force, and the invalid clauses will be replaced by VOZTELECOM by others that maintain the greatest possible similarity to those deemed invalid.
VOZTELECOM OIGAA360 S.A. 30/01/2018