Aovatalk (hereinafter referred to as the “Service”) is a product of Aovatalk Communication Limited. (hereinafter “we” and “us” shall be applicable to this Company). We are the owners of intellectual and commercial rights to the Service and everything related thereto (site and all the information placed). The use of this product shall be possible only in case of full and unconditional consent of the person / company (hereinafter referred to as the “Client”) Failure to comply with the terms of the present Agreement shall be a reason for refusing to provide the Service. We reserve the right to add / delete / change any part hereof. The current version of the Agreement is always available on the Service website. The Agreement shall also be applicable to all the components that will be created / developed within the Service in the future.
The Service shall not be used for any illegal actions and operations aimed at causing harm to us, our clients or third parties / companies, spreading malicious code, performing DDoS or other types of attacks. We are not responsible for any actions committed by the Client in relation to ourselves or third parties, as well as losses incurred by him/her, as a result of such actions. We are not responsible for the failure of any equipment on the Clients’ side. We do not guarantee the continuity of the Service and we are not responsible for losses incurred as a result of its inaccessibility. We reserve the right to refuse to register / terminate the provision of the Service (or a part thereof) to any Client at any time without any explanation.
Using the Service
The Client shall use the Service provided by us. The Client and we acknowledge that it is in our mutual interest to adequately plan the necessary capacity needed, in order to allow for efficient provisioning of the Service. The Client and we will be responsible to procure and manage, at its own expenses, the necessary facilities or equipment required to bring its traffic to the hand over point in accordance with the specifications. We are constantly working to improve the quality of the provided routes, nevertheless the Client shall remain fully responsible and be the sole point of contact for all its customers with respect to the Service provided by us.
The Service shall be a prepaid facility and the fee shall be borne by the Client and charged “in advance.” The lack of payment / sufficient amount on the Client’s balance to pay for the services can cause a suspension in the provision of the Service until payment is received in the required amount. The Client shall ensure the security of Service log-ins. Their unauthorized use by third parties shall not be the grounds for changing the value of an already provided service. Changes in the cost on the part of the Service shall be performed upon prior notification of the Client, sent 7 days before introduction of such changes, to the Client’s electronic mailbox specified when his/her registering (or modified later). Non-receipt of a letter for reasons beyond our control shall not be the grounds for retaining the previous cost.
The Clients’ personal data collected by the Service refers to=> Clients’ name, an e-mail address and (in some cases) phone numbers. The Clients’ personal data is collected by the Service for customer support, notifications and updates from the Service (such as=> financial, technical), as well as for security purposes, an audit and internal research of the service quality improvement. Personal data is stored on digital electronics devices only. Personal data is not transferred to any third parties, except for the cases of inquiries from state authorities.
We shall not be liable to the Client for consequential, indirect, special, incidental, punitive, or exemplary damages for any cause of action, whether in contract, tort (including negligence, product liability, strict liability, or any other theory) or otherwise, except for in the event of a breach of any obligation or limitation with respect to the use or protection of confidential information and intellectual property. We shall not be liable or responsible in any way for the failure of calls to be completed, for any reason whatsoever or for no reason, including, without limitation, the failure of other network vendors to terminate such calls.
Our obligations under this Agreement are subject to, and we shall not be liable for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, due to events that are beyond our reasonable control including, but not limited to, fire, flood, water, the elements, labor disputes, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties.
This Agreement constitutes the entire understanding and agreement between the Client and us. None of the rights or obligations under this Agreement shall be assigned or transferred by the Client without the prior written consent.