TERMS AND CONDITIONS OF SERVICE
The SpinVox company specified ("we" or "SpinVox") supplies the services (the "Services") to you ("you"), under the following terms and conditions as amended from time to time by SpinVox, and any additional or supplementary guidelines or rules applicable to the Services (the "Agreement"). The current version of this Agreement will be posted on www.spinvox.com. If you break this Agreement we may suspend or terminate your ability to use the Services (the "Account"). "Associated Persons" refers to a person and its subsidiaries, parent companies, their subsidiaries, members, officers, directors, shareholders, any of their agents, partners or joint venture parties, and (in the case of natural persons) their family members.
PART I: GENERAL TERMS AND CONDITIONS
1. Charges
Please check www.spinvox.com for our latest published prices and the prices that will apply to your Account. When using Voicemail through SpinVox, calls to you are diverted to a voicemail box operated by us or an Associated Person. Your Network Operator will charge you for this diverted call. You may also choose to dial into your SpinVox voicemail box and your Network Operator will charge you for this call. If you are roaming, your Network Operator may also charge you roaming charges in addition to any other charges that may be applicable.
In respect of all charges levied by your Network Operator, we recommend that you check their tariffs for each of the above services. SpinVox is not responsible for any charges levied by your Network Operator.
Unless otherwise specified, our prices are quoted exclusive of VAT, sales tax, or any similar tax, which will be additionally charged as appropriate.
We charge you for each message sent to our service using the Account. We charge for each SMS sent to you and we reserve the right to charge for undelivered SMSs except where the failure to deliver is shown to be our fault. Each SMS consists of 160 characters (as set by the GSM Association). If a message exceeds a single SMS in length, we will deliver the message as a series of consecutive SMS messages of up to 153 characters each. We normally limit the total length of delivered messages to 3 SMS messages in total, which means that a long voice message may not be converted in its entirety.
Operational SMSs from us (such as notifying you when you run out of credit) will be charged.
SpinVox reserves the right to limit use of the Service if unreasonable usage occurs on any account at any time.
2. Your Registration Obligations
We need to be able to rely on the information that you provide to us about you and therefore you confirm that you have provided and will provide true, accurate, current and complete information about yourself to us and agree to inform us if that information has changed. If it is shown or we reasonably suspect that you have not done this, we may suspend or terminate your Account and refuse your use of the Services. We will treat your information very carefully and will only use your information in accordance with our Privacy Policy found at www.spinvox.com. You should note in particular, our Privacy Policy will allow us to process your registration and user data and to receive and deliver the Content.
3. User ID
We will send you a User ID for your Account when you have completed the registration process. You are responsible for maintaining the confidentiality of both your User ID and activities on your Account generally. You must immediately notify us of any unauthorized User ID or Account use or other breach of security.
4. User Conduct
All information, text, sound or messages ("Content") are the sole responsibility of the person from whom such Content originated. We cannot be held responsible for the Content of messages or any other activities conducted through your Account.. Accordingly, you agree that you, and not SpinVox, are solely responsible and liable for all activities conducted through your Account.
We may terminate your Account if in our reasonable opinion the Account has been used for the purpose of violating any applicable law or we reasonably believe that you have done (or allowed to be done) any of the following using the Services: harass, threaten, embarrass or cause distress or discomfort to any person or transmit Content that we consider to be unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene or racially, ethnically, sexually or otherwise objectionable, particularly taking into account the recipient's age; transmit any Content that infringes any rights of confidence, trade marks, copyright, or other proprietary rights or intellectual property of any party; impersonate any person or manipulate identifiers to disguise the Content origin; or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation. We do not permit the use of the Services to send unsolicited marketing material. If you send or allow to be sent any unsolicited marketing message using the Services we reserve the right to charge you up to GB£50 for each person and/or number with respect to each such unsolicited message.
Although we normally do not filter or otherwise amend the Content of messages presented to us for conversion and we accept no obligation to do so, we and our Associated Persons reserve the right to remove or refuse to transmit Content that violates this Agreement or is otherwise objectionable. We and our Associated Persons may preserve Content and disclose Content if we, in good faith, believe that either is required to enable us to comply with or respond to any legal process or to enforce this Agreement or obtain advice from professional advisers. You understand and agree that technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) single or multiple human review.
5. Personal Data
You and we agree that both of us will comply with applicable laws concerning privacy and data protection. Our Privacy Policy contains additional information that your should review.
6. Confidentiality
Unless required by applicable law or regulation or otherwise indicated in this Agreement, neither party shall disclose Externally any information that has been designated to be confidential or that is obviously confidential in nature (including message Content). "Externally" means persons other Associated Persons and advisers and any third parties who need to receive the information to provide the Services.
7. Indemnity
You will indemnify and hold us and our Associated Persons harmless from any losses, expenses, damages, claim or demand, including reasonable legal fees and consequential losses due to your use of the Services, violation of this Agreement, or violation of any rights of another.
8. No Resale of Services
You will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
9. General Practices Regarding Use and Storage
We may establish general practices (and change such practices without notice) and limits concerning use of the Services, including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by us, the maximum number of messages that may be sent from or received by an Account, the maximum size of any message that may be sent from or received by an Account, the maximum disk space that will be allotted on our servers to you, and the maximum number of times Content will be resent after failure of a message. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services.
10. Modifications to Services
We may at any time modify or discontinue, temporarily or permanently, the Services (or any part of them) with or without notice and liability to anyone.
11. Termination
We may terminate your User ID, password, Account (or any part of it) or use of the Services, and remove and discard any Content within the Services, for any reason and with or without notice, including, without limitation, for lack of use, failure to pay or if we believe you have violated or acted inconsistently with the letter or spirit of this Agreement.. We shall not be liable to you or any third-party for any termination of your access to the Services.
12. SpinVox's Proprietary Rights
The Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by intellectual property and other laws. You acknowledge and agree that Content contained in information presented to you through the Services may be protected by copyright, trade mark, patents or other proprietary rights and laws. You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on Content you receive (other than for forwarding messages) or the Software, in whole or in part. You may not access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
13. Services levels and disclaimer of other warranties terms and conditions
Where we are unable to convert a message to text due to poor dictation, noisy environment, poor phone connection or drop-outs, language or unacceptable content, we will reasonably attempt to advise you so that you can choose to dial-in and listen to the voice message yourself. The Service requires that your Network Operator supports call diverts (or call forwarding). Please check before attempting to sign-up. Some mobile phone pre-pay services don't support call diverts. When roaming abroad certain mobile networks may not be compatible with your home network's text message service limiting the ability to deliver text messages to you. We assume no responsibility for the deletion, mis-delivery or timing. The services are provided on an "as is" and "as available" basis. we hereby disclaim all other warranties, terms and conditions whether express or implied, including, but not limited to implied warranties terms or conditions concerning merchantability, satisfactory quality or fitness for purpose. we assume no responsibility for the deletion, mis-delivery or failure to store any content. we make no warranty that the services will be uninterrupted or error-free.
14. Limitation of liability
Spinvox does not control the content transmitted through the services. By using the services you may be exposed to content others send that you find offensive, indecent, or objectionable. Spinvox is not liable for content, including, but not limited to, any errors or omissions in any content even if it arises through spinvox’s negligence or for loss or damage of any kind incurred as a result of the use of any content. Spinvox is not liable for indirect loss or for loss of profits, goodwill, time, use, data or other intangible losses (even if advised of the possibility of such damages), whether arising through breach of contract tort or otherwise, resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of alternative services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party transmitted through the services. Spinvox's liability arising out of or in relation to this agreement, whether arising due to breach of contract tort or otherwise, is limited to the greater of (a) the amount of fees you pay to spinvox in the 12 months prior to the action giving rise to liability, and (b) gb£100. Spinvox is not liable for any failure to perform its obligations when that failure is caused by events beyond its reasonable control (“force majeure”).
15. Notices
Notices of changes to this Agreement or on other matters to you may be sent by email, SMS regular mail, or through our website at www.spinvox.com. You may contact us for any reason, including the updating or correcting of your personal data by using contact pages made available on our website.
From time to time we will contact you with marketing promotions, you may choose to opt-out of these communications by contacting us using the details available on our website.
SpinVox will promote the service to first-time callers on a once-only basis'. You can have this feature removed from your voicemail service by contacting us using the details available on our website
16. General Information
This Agreement is the entire agreement between us and governs your use of the Services. It replaces any prior agreements. You may be subject to additional terms and conditions such as those imposed by your Network Operator. If any provision of this Agreement is found by any competent court to be invalid or unenforceable, its invalidity or unenforceability shall not affect the other provisions of this Agreement. If we fail to exercise, or delay in exercising a right or remedy under this Agreement or given by law, we are not waiving that right or remedy or any other rights or remedies.
You confirm that you are aged over 16. If you are under 18, you confirm that you have shown these terms and conditions to someone over 18 who agrees to guarantee and meet the obligations imposed on you. Similarly, you confirm that if you are not the bill payer, that you are contracting on behalf of the bill payer and that you have sufficient authority to enter into such a contract and that you will continue to be liable under this Agreement, as will the bill payer.
This Agreement and the relationship between the parties you is governed by the laws of England and Wales and we both submit to the jurisdiction of the courts of England and Wales.
PART II: SPECIAL TERMS AND CONDITIONS
These special terms and conditions supplement the general terms and conditions above, and supersede the general terms and conditions to the extent that there is any conflict.
UK: Special Terms and Conditions applicable to you if you are normally resident in the United Kingdom:
If you are acting as a Consumer when using the Service, your statutory rights are not affected.
USA: Special Terms and Conditions applicable to you if you are normally resident in the United States of America:
Spinvox's liability arising out of or in relation to this agreement, whether arising due to breach of contract tort or otherwise, is limited to the greater of: (a) the amount of fees you pay to spinvox in the 3 months prior to the action giving rise to liability, and (b) us$50.
