Terms and Conditions
Between ThePhone.Biz and you - The User
All the information you provide or is derived from the data you deliver to us, including but not limited to call record information, email addresses and telephone accounts remains your property, We will not sell or use this information for any purpose other than to provide you with this Service.
The parties can cancel this agreement by giving three whole calendar months notice.
Official Notice to be emailed on company letterhead to email@example.com.
Standard Service Definition
- Provides access to the application for the purpose of managing and billing telephone and communications usage.
- Reports and functionality as it appears on a standard display.
- One call cost table per site for all trunks on a single PBX
- Standard CDR format from the PBX
- Process call records from the installation date.
- Process and cost call records once, based on the requested PBX driver and Configuration Sheets current at the time of processing.
- Reports retained for 6 months and can be downloaded to your own storage at any time.
- Normal office PBX use.
Special Requirements / Out of Scope
Any requirement not stated in the above list, including but not limited to;
- Call Centers, Dialers, high traffic applications
- PBX network custom set-ups
- Complex or non standard call costing
- Custom reports
- Process historical data
- Any requirement needing intervention by SP staff.
From time to time we upgrade this service. This may result in changes to reports, functionality and technology. We’ll give you 60 days notice of any change requiring your co-operation or intervention and 30 days notice of other meaningful changes.
Your Resources and Responsibilities
Network: The client network and firewalls must be configured to allow standard FTP or SFTP of call record data to our servers. Users must have access to https:/www.thephone.biz and https:/portal.thephone.biz
Training: A full set of training videos and content are available on ThePhone.biz website. Additional training from us is at additional cost.
Fault identification: You will receive notifications if we suspect a problem with this service. You should try to resolve the issue yourself by following the instructions on our Maintenance page . You can escalate the issue to us, if the fault is found to be outside of our responsibilities the time we spend will be chargeable at normal labour rates.
Emails: We communicate with you via email. You and you should ‘white list” the domains ThePhone.biz and TelecomUnited.com.
Ad Hoc Work / Customization Procedure / Call Buffer
Upon receiving your request, we will provide a Quotation/Estimate.
Upon receipt of your acceptance we will issue an invoice immediately and schedule the work.
Payment and Refunds
If this service is provided to via a reseller this paragraph does not apply, you should refer to your reseller’s terms.
Our standard payment method is EFT payment.
All work and items are billed in advance. Payments are non-refundable, there will be no refunds or credits for partial months of service. All invoices are payable within 30 days unless otherwise stated. If any payment is not received in due time, we reserve the right to withhold service until settlement
Copyright and Trade Secrets
This clause shall survive termination or expiration of this Agreement, and will continue in force for 3 years after the termination date. With regard to Com Tools CC, it’s website ThePhone.biz and web application at portal.thephone.biz, you agree not to use, or in any way communicate to any third party any information relating to our operations, plans, intentions, product information, website content, know-how, design rights, patents, copyrights, trade secrets, software, market opportunities, customers and business affairs. You agree not to develop or contribute to the development of a product or service that may compete with our Service. The look and feel of the Service and its content is copyright, all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements. You agree not to reproduce, duplicate, copy, or exploit any portion of the Service, use of this Service, or access to the Service without our written consent.
Hardware and Warranty
Where hardware has been supplied, we warrant that the equipment operates as detailed in the relevant Data Sheet, there are no refunds or credits for equipment that meet published specifications. By placing an order you confirm that you have read and understand the relevant Data Sheet.
All risks to any equipment sent to Client's or your premises shall pass to you on delivery and shall remain with you. If, after installation the Equipment is disabled, damaged, destroyed or lost, then subject to payment by you of the re-enabling, repair or replacement cost, we will re-enable or supply replacement equipment. Call buffers have a warranty for 1 year, limited to normal wear and tear.
Changes to These Conditions and Pricing
We reserve the right to update these Conditions from time to time without notice. Any new features that fix or enhance this Service are subject to these Conditions, your continued use of the Service after these changes shall constitute your agreement to such changes.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice will be provided at any time and by any means at our discretion.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Service rates will automatically escalate annually at the end of each calender year by the most recently published CPI on www.statssa.gov.za
This Service is provided on an "as is" and "as available" basis.
You must not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with this Service, or us.
We may remove Accounts that violate our intellectual property or these Conditions.
We do not warrant that the service will meet your specific requirements, the service will be uninterrupted, timely, secure, or error-free, or any errors in the Service will be corrected.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use this Service, the cost of procurement of substitute goods and services or any other matter relating to the service.
Our failure to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision. These Conditions constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements you may have including, but not limited to, any prior versions of the Conditions.
If any provision of this Agreement shall be held illegal or unenforceable, such provision shall be deemed separate and divisible from and shall in no way affect or impair the validity or enforceability of, the remaining provisions.