Terms of Service

Terms of Service Agreement ("Agreement").

 

This is a legal agreement between you and Telco Exchange Ltd. doing business as TelcoXchange.com (hereinafter referred to as "TELCOXCHANGE," "We," "Us," or "Our"). TELCOXCHANGE provides the services ("Services") offered through TelcoXchange.com (the "Site") to You as a registered subscriber or authorized user, subject to the terms and conditions of this Agreement. In this Agreement, "Member," "You," "Your," and "Yourself" refers to an individual accessing the Site, using any particular TELCOXCHANGE product or Service. While accessing the Site, You expressly acknowledge acceptance of the terms and conditions of this Agreement.

  1. Membership Basic Requirements

    TELCOXCHANGE accepts only those Members that meet TELCOXCHANGE's strict membership criteria. Accordingly, TELCOXCHANGE, in its sole and exclusive discretion, accepts only Members who are actively engaged in the Telecom industry as service providers, whole sellers, operators, data-centres, MVNOs, manufacturers, large system integrators, or variations of the preceding under certain conditions. In the sole and absolute discretion of TELCOXCHANGE, free trials and memberships will not be granted to individuals, sole traders, brokers, independents and any competitors of TELCOXCHANGE.

    1. Membership

      1. Company Membership

        Once you register by filling out and submitting the required information, TELCOXCHANGE will review Your application, and approve the eligibility for a free trial membership ("Free Trial"). All information submitted to TELCOXCHANGE about Yourself and Your company must be valid, current, and accurate to the best of Your knowledge, or termination, or suspension of membership may occur. The individual who enrolled Your Company will be appointed the company administrator ("Administrator") by default. The Administrator is responsible for approving individuals within Your Company to access the Site as Members ("Members"), After Your Free Trial period expires, Your Company can continue Services by signing the membership agreement. At that time, credit card or other payment information including company registration number and company VAT number will be required.

      2. Telecom Professional’s Membership

        TELCOXCHANGE provides free trial to employees of telecom companies, employees can join under “Telecom Professional’s Membership” of a Free Trial. Once you register by filling out and submitting the required information, TELCOXCHANGE will review Your application, and approve the eligibility for a free trial membership ("Free Trial"). All information submitted to TELCOXCHANGE about Yourself must be valid, current, and accurate to the best of Your knowledge, or denial, termination, or suspension of membership and the Services may occur. Corporate Telecom Member will be sole administrator ("Administrator") by default. You cannot add more members and shared use of Login password is monitored and prohibited. After Your Free Trial period expires, You can continue Services by signing the membership agreement. At that time, credit card or other payment information including your identity proof and your company identity detail will be required.

      3. Amendments

        TELCOXCHANGE reserves the right, sole and absolute discretion, to modify or discontinue the Site, or modify the terms and conditions of this Agreement, without any prior notice and reason to You. All modified terms and conditions of this Agreement will be effective 30 days after they are initially posted on the Site. If a modification is unacceptable to You, You may give TELCOEXCHANGE a contract termination notice within 15 days of such modification. Termination procedures in Section 8 (Termination) must be followed. If You fail to notify TELCOXCHANGE within 15 days of such modification(s), Your continued use of the Site signifies Your acceptance and agreement to be bound by the modification(s) to this Agreement.

  2. Billing

    Your TELCOXCHANGE Service is billed on a monthly basis unless a custom plan is implemented at TELCOXCHANGE's sole discretion. The minimum length of TELCOXCHANGE Service subscription is twelve (12) months. Your subscription fees are payable in advance and are not refundable in whole or part.

    1. Credit Cards

      Accepted credit cards are MasterCard, Visa and American Express. Billing will be proactive, taking place on the designated days of every month, and dependent upon Your Service plan. Invoices are available upon request only and unless specifically requested, will not be mailed. If TELCOEXCHANGE mails You an invoice at your request, administrative fees may apply and may be billed to Your account.

    2. Wire Transfers, Company Cheques, and Other Payments

      Wire transfers, Company cheques, and ACH payments are also accepted means of payment. Billing will take place annually. A charge a $30 service fee will be applicable for each cheque returned with not sufficient funds (NFS) or otherwise not honoured.

    3. Late Payment

      After any payment due becomes 15 days delinquent, past due accounts may be suspended or cancelled without prior notice. We reserves the right to charge a late fee of $15 per month on any past due account. You agree to be liable for all fees (Solicitors' and collection fees) arising from efforts to collect any unpaid balance of Your account(s). You agree to be billed for and to pay any outstanding balance in the event of cancellation or termination of Your account upon demand. Unless You notify TELCOXCHANGE of any billing discrepancies within 90 days after they first appear on Your account statement, they will be deemed acceptable by You for all purposes, including resolution of enquiries made by Your credit card issuer. You waive and agree to release TELCOXCHANGE from all liabilities and claims of loss resulting from any billing discrepancy or error that is not reported to TELCOXCHANGE within 90 days of its publication in Your account.

    4. Billing Changes

      TELCOXCHANGE reserves the right, at any time, to change its fees and billing methods, including the addition of supplemental fees or separate charges for online areas, content, or Services provided by TELCOXCHANGE, which will be effective 30 days after posting such changes on the Site (the "Effective Date"). TELCOXCHANGE may also elect, in its sole and absolute discretion, to supplement such notice of billing changes through e-mail, pop-ups, or Royal Mail to the address provided by Your Administrator. If any such change is unacceptable to You, You may terminate Your membership as provided in Section 8 (Termination). Your continued use of the Site after the Effective Date will constitute Your acceptance of such change(s). You acknowledge that the notice efforts outlined in this section are adequate to inform you of any billing changes with respect to the Services.

  3. User Responsibilities

    Logins and Passwords are to be used only by the intended person, who is the Administrator or Member. Logins and Passwords supplied to the Member are non-transferable and may only be used by the persons registered under those Logins and Passwords. Unauthorized use may cause company suspension or termination of its membership and the Services. Lost passwords can be recovered or reset through the ‘password recovery’ section of the website. Alternatively, this can be done by contacting your company administrator or a TELCOXCHANGE representative.

    TELCOXCHANGE's Site is protected under copyright and other laws. Any reproduction or distribution of this Site information, by, for, or to any third party, is expressly prohibited.

    I agreeing to the terms & conditions you also confirm that you will not:

    1. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your information) from the Site without the prior expressed written permission of TELCOXCHANGE and the appropriate third party, as applicable;

    2. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

    3. use any robot, spider, scraper, or other automated means to access the Site for any purpose without Our express written permission;

    4. post content or items in an inappropriate category or area on the Site;

    5. interfere with any other Member's listings;

    6. Use the Site in any manner that harasses another Member or could interfere with any other party's use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude, or abusive communications;

    7. attempt to gain unauthorized access to any Member account information, computer systems, or networks associated with the Site;

    8. use false identities or impersonate any other person or use a name that You are not authorized to use;

    9. transfer Your Login and/or Password to another party without TELCOXCHANGE's consent;

    10. distribute or post unsolicited bulk e-mail or spam to Members or users of the Site;

    11. distribute viruses or any other technologies that may burden or harm TELCOXCHANGE or the interests or property of TELCOXCHANGE's Members;

  4. Content Responsibility

    You hold full liability for all materials that are publicly posted, privately transmitted, uploaded, posted, e-mailed, transmitted, or made available by you on Our Site ("Your Content"). You testify that you are the lawful owner of all intellectual property rights in Your Content. You hereby grant Us, Our affiliates, and Our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on Our Site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license also refers to the distribution and storage of Your Content in any way or form by means of any medium, or technology currently known or later developed.

  5. Copyright Materials and Trademarks

    TELCOXCHANGE is, unless otherwise stated, the owner or licensee of all rights in this Site and its contents, software, databases, and Services. The materials contained in this Site are protected by the copyright and trademark laws and other laws of the United Kingdom, as well as international conventions and the laws of other countries. No user of this Site has any right, title, or interest in the Site, its content, any intellectual property therein, unless any content, software, databases, or services have been specifically licensed to You in writing by TELCOXCHANGE or by its licensor.

    You are prohibited from using the Site or its Services to transmit, route, provide connections to, or store any material that infringes copyrighted works, trademarks, or otherwise violates, or promotes the violation of, the intellectual property rights of TELCOXCHANGE or any third party.

  6. Limitation of Liability

    TELCOXCHANGE will not be liable to you for lost profits, business interruptions, lost business opportunities, lost data or any other direct, indirect, special, punitive, exemplary, incidental, or consequential damagers arising out of or related to this agreement whether such claim is based on warranty, contract, tort (including negligence), or otherwise even if TELCOXCHANGE has been advised of the possibility of such damages. TELCOXCHANGE will not be liable to you for the consequences of any interruptions or errors in the site or services. Without limiting the foregoing, under no circumstances will TELCOXCHANGE be held liable for:

    1. other Members' actions or inactions, including information they post on the Site. You acknowledge that TELCOXCHANGE is not involved in the actual transactions between Members who are buyers and sellers. TELCOXCHANGE has no control over and does not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction;

    2. any incorrect or inaccurate information, whether caused by the Site, its users, or by any of the equipment or programming associated with or utilized in the Site. TELCOXCHANGE will have no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site. TELCOXCHANGE will not be responsible and assumes no liability for any problems or technical malfunction of servers or providers, computer equipment, software, failure of e-mail or technical problems or traffic congestion on the Internet;

    3. any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning; or

    4. any unauthorized use of proprietary or confidential information concerning Your business contacts, including without limitation names and e-mail/business addresses.

    Without limiting the foregoing, You acknowledge that the Site contains links to websites controlled by companies other than TELCOXCHANGE, and You agree that TELCOXCHANGE is not responsible for and does not endorse, or accept any liability for, the content or use of those websites. TELCOXCHANGE will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content transmitted over networks accessed by the Site, or otherwise connected with Your use of the Site.

  7. Force Majeure


    In the event of "force majeure" (as defined below), TELCOXCHANGE may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" means circumstances or occurrences beyond TELCOXCHANGE's reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which TELCOXCHANGE cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labour disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the 1&1 Services are located or maintained or through which the Services are provided, and non-availability of any permits, licenses and/or authorizations required by governmental authority. TELCOXCHANGE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TELCOXCHANGE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

  8. Termination

    This Agreement may be terminated by You upon providing 30 days advance written notice to TELCOXCHANGE. Three methods of notice of termination are acceptable. TELCOXCHANGE will not provide any refunds under any circumstances to Members who elect to terminate their membership(s) / account(s) prior to the expiration of their membership. In its sole and absolute discretion, TELCOXCHANGE may terminate this Agreement and Your access to the Services at any time without notice or reason. In the event TELCOXCHANGE receives any "ethics complaint" with respect to You, TELCOXCHANGE may, in its sole and absolute discretion, terminate Your access to the Services. You agree not to mine, harvest or script any data located on this Site; in the event that TELCOXCHANGE receives any evidence of this activity with respect to You, TELCOXCHANGE may, in its sole and absolute discretion, terminate Your access to the Services. The aforementioned activities materially interfere with and cause damage to TELCOXCHANGE's business; TELCOXCHANGE may seek monetary damages and / or equitable relief from You as a result therefrom. TELCOXCHANGE also, in its sole and absolute discretion, may suspend Your access to the Site at any time without notice or reason. In the event Your account is terminated or suspended, no refund will be granted to You.

  9. Privacy Policy

    Telco Exchange Ltd. (hereinafter referred to as "TELCOXCHANGE," "we", "us," or "our") is committed to protecting your privacy and providing a safe online experience for users of TELCOXCHANGE.com (the "Site"). This Privacy Policy applies to the Site and governs the collection of personal information and usage at the Site. Please read this Privacy Policy to learn more about how TELCOXCHANGE collects and protects your personal information.

    1. Personal Information

      TELCOXCHANGE collects personal information when you register as a Member of the Site, when you use certain Site services, and when you visit certain Site pages register with the Site or subscribe to a membership, we ask you for your name, organization, email address, and some other personal information. In order to offer and provide a customized, personal, online experience

    2. Use of Information

      All customer information provided by you is held confidential. We do not sell our customer list or customer information. Customer information such as name, email address, mailing address, phone number, fax number and billing information is collected for the sole purpose of providing services to our customers and notifying them of improvements to our products and services.

    3. Security

      TELCOXCHANGE secures your personal information from unauthorized access, use, or disclosure. TELCOXCHANGE secures the personal information you provide on our Site in a controlled, secure environment, protected from unauthorized access, use, or disclosure. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining your personal information. Please remember any information you may disclose in public areas of our website or the Internet becomes public information.

    4. Changes to this Policy

      TELCOXCHANGE reserves the right to revise, amend, or modify this Privacy Policy at any time and in any manner.

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