Terms & conditions

The Evaphone Subscriber Agreement

Callco Ltd, which owns Evaphone brand, provides VoIP services to customers according with the terms and conditions stipulated in this agreement. By registering on the Evaphone’s website, activating, using, or by paying for Evaphone’s services you agree that you have read and agreed to these terms, and you understand that there is no legal obstruction to your entering or being bound by this agreement.

By registering on the Evaphone’s website, activating, using, or by paying for Evaphone’s services you agree that you have read and agreed to these terms, and you understand that there is no legal obstruction to your entering or being bound by this agreement.

Billing, Pricing and Charges

By using Evaphone’s services you are agreed to being charged according to the current price list which can be found on the Evaphone website. Changes to our pricing shall become effective immediately upon posting to the website.

The rates you will have to pay for the call you made shall be based on a rate which does not include any applicable taxes and additional charges. This rate shall be the rate advertised on the Evaphone website when you making the call.

Cost of the call shall be calculated according to the length of the call rounded up to the next nearest full minute.

You shall pay for Evaphone’s services on a pre-pay basis, unless otherwise agreed by both parties. You agree that we will not provide any services to you until you make adequate pre-payment. The service shall be terminated right away if adequate pre-payment has not been made. You shall be responsible for keeping necessary balance to provision the service on your account.

All refunds shall be made only for orders within 90 days of completion. No refunds of less than $3 will be made against each order.

You agree that Evaphone has the right to terminate any credit that remains unused for a rolling period. This period shall be 365 days (if you do not make a call for 365 days, your credit will be terminated). Such termination compensates the balance non-refundable.

Measuring Usage

You agree that Evaphone’s records are conclusive evidence of the fact that your use the Evaphone’s website and services. Furthermore, you recognize that these records will be used to calculate charges incurred.

You shall be fully responsible for all use of and fees related to your account, and shall accept full liability and responsibility for the actions of any person who uses the Evaphone’s website or services through your account. These include both authorized and unauthorized, except when unauthorized use is exclusively attributed to an act or oversight on the part of Evaphone.

You understand that Evaphone should not be and is not responsible for any third party claims against us that come up when you use our Services. Furthermore, you agree to reimburse us for all of our costs and expenses related to the defence of any such claims, including legal fees, unless such claims are based on our willful misconduct or gross negligence.

You shall inform Evaphone within thirty (30) days of the date on your credit card or debit card statement if you are willing to dispute any Evaphone charges on that statement or such dispute will be deemed waived.

Internet Phone (VOIP)

Internet Phone (VOIP) feature requires Equipment, or software obtained through Evaphone or a third party. This Equipment allows you placing and receiving calls by using your high-speed Internet connection. You need to supply your high-speed Internet connection at your own expense, our company does not provide or support it. It is best to use high-speed connection with a capacity of at least 120 Kbps for both upstream and downstream traffic.

Your high-speed connection is one of the main factors our Service depends on, so you must configure the Equipment properly, and have an adequate power supply. Evaphone does not guarantee continuous availability otherwise. You agree and understand that the Service will not function when there is no electrical power or if there is a disruption of your high-speed Internet connection. In event of a power failure you may need to reset or reconfigure your or other Equipment in order to make the Service work again.

You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You shall agree not to put forward any claim against Evaphone for interference or disruption of such services and equipment.

Free Test Calls

You get free test calls at the discretion of Evaphone and they can be withdrawn at anytime. 15 minutes of free calls will be added to your account after you complete registration successfully and provide all requested information.

You will not get free credit in case if a call has been previously made from a telephone or account registered on our website.

Evaphone reserves the right to choose destinations for the free test call promotion. Evaphone reserves the right to not include all destinations and countries for the free test call promotion and can change them at anytime without notice.

Your credit will expire 60 days from the time you registered an account if it has not been used. You will lose your free call opportunity if you add credit before making your free call.

Liability & Indemnification

You agree to indemnify Evaphone and its agents, and hold them harmless from any claims or damages relating to this agreement. You agree that neither Evaphone nor its agents will be held liable for any loss of business, contracts, savings or profits, or any other damages or losses (direct or indirect) to the extent that Evaphone’s liability can be limited by law.

You can not in any way use the Service or Equipment for any abusive or fraudulent purpose, this includes using the Service in a way that hinders our ability to provide the Service to you or other customers or avoid your responsibility to pay for communications services.

Your Service will be terminated by Evaphone, in its sole discretion, without advance notice if Evaphone has grounds to believe that you have violated the aforesaid restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to Evaphone staff.

You shall be liable for any and all cases of use of the Service by any person using the Service provided to you and shall agree to indemnify and hold harmless Evaphone against any and all liability for any such use. If Evaphone has grounds to believe that you have violated the aforesaid restrictions, Evaphone shall have the right to provide personally identifiable information to the relevant authorities for investigation and prosecution and you hereby consent to such provision.

You can not in any way use the Service or any other action that, in Evaphone’s sole discretion, is considered to have a risk to the network integrity or security of Evaphone or its retailers, both directly and indirectly. Your Service will be terminated by Evaphone, in its sole discretion, without advance notice if it finds out your actions could cause a network disruption or security breach.

Term of and Changes to This Agreement

The terms of this agreement shall come into effect immediately upon appearing on the Evaphone website, as indicated by the time-stamp at the bottom of this document. Evaphone shall be able to terminate this agreement at any time for any breach of these terms or any applicable policy as indicated on the Evaphone website. No reimbursement for any fees charged in connection with Evaphone’s services shall be issued for such a termination.

Any provision of this agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.

Assignment

All or part of our rights or duties under this Agreement can be assigned by us without notifying you. In that case Evaphone has no further obligations to you. You, on the other hand, need our prior written consent to assign this Agreement or the Service.

Privacy

Evaphone Service uses the public Internet and third party networks to transmit voice and other communications completely or partially. Evaphone shall not be held liable for any lack of privacy which may be experienced regarding to the Service. Also, Evaphone will submit personally identifiable information of the customer and call detail information if requested by lawful government bodies, in response to subpoenas, and court orders, as well as law enforcement requests. For additional information please go to our Privacy Policy section on the Evaphone web-site.

Notices

The main means of communication between Evaphone and its users of the Service shall be an email. Evaphone emails its users important information about the Service, including billing and changes to the Service, much of which has terms that expire. Evaphone reserves the right to terminate any service offered by us to the customer right away without prior warning or notice. You recognize that an email from Evaphone contains official notice from Evaphone and that you need to read all email messages sent to the email address which you specified at the time of registration for the Service in time in order to avoid any potential interruption of the Service. You also accept that you are responsible for notifying Evaphone if your email address is changed.

General Provisions

Any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond Evaphone reasonable control shall be deemed force-majeure and shall not be the responsibility of Evaphone.

This agreement was last updated: 2012-07-23 09:00 a.m.