By signing up with our VOIP Services, the customer acknowledges receiving, reading and being bound by all the terms and conditions of this Agreement (“Customer Agreement”). Customer consenting to this Agreement is a criterion to using our VOIP Services. Every user on our website is bound to this Agreement whether registered or not. G-Delight reserves the right to revise or change this agreement anytime and any customer or user that access this site or use our services after the changes were made will be bound by current terms and conditions whether he/she reads it or not.
Acceptable use of VOIP Services
Customer is exclusively answerable for actions and also the content of its transmissions through or in reference to the VOIP Services. Therefore, Customer agrees:
(a) to abide by all required local, state, national, and international laws and regulations in his/her use of our VOIP Services;
(b) to not use our VOIP Services for unlawful purposes;
(c) to not use or commit to use another person’s or entity’s account, phone number, VOIP Services, system or other vital access information without owner’s authorization;
(d) to abide by all laws relating to the transmission of voice or technical knowledge (including all export laws, regulations, and restrictions of the United States);
(e) to not build unsought contact, stalk, threaten, or harass anyone through, in connection with, or using any information collected through our VOIP Services;
(f) that G-Delight neither endorses the content of any of your communications nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime through the use of our VOIP Services;
(g) to not interfere or disrupt networks connected to our VOIP Services or otherwise try to interfere with the VOIP Services performance; and
(h) to not try to obtain unauthorized access or use of our VOIP Services or assist another to do so.
(i) to be solely responsible for any data or content transmitted and stored through the VOIP Services provided to Customer.
(j) to abide by all applicable G-Delight policies, procedures, and agreements related to the VOIP Services.
(k) to be held responsible for unauthorized access to our VOIP Services, other accounts, computer systems or networks connected to our VOIP Services, through password mining or any other means is strictly prohibited.
G-Delight can exercise it’s sole discretion to immediately terminate your access to our VOIP Services should your behavior fail to conform to any provision of this Agreement.
Terms of use for our VOIP Services
Customer should not resale or transfer our provided VOIP Services to any person for any reason without written permission from G-Delight. Customer accepts that our VOIP Services are not intended for auto-dailing, continuous or extensive call forwarding, call ncenters (incoming or outgoing), telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. G-Delight reserves the right to immediately terminate or modify the VOIP Services, if G-Delight determines, in its sole discretion, that Customer’s VOIP Services are being used for any of the above mentioned activities.
Termination/Upgrade/Downgrade of Service Plans
G-Delight VOIP Services are offered on a monthly basis and are paid upfront monthly. The plan you selected will auto renew at the end of the term unless the customer terminates it. Termination notice should be made in writing through email to our email address on record sixty (60) days before the end date of the term. Plan fees paid for the month of termination will not be refunded. Upgrading or downgrading a plan must be requested and is subject to G-delight approval.
Equipment Return
Any hardware or equipment provided to customer unless otherwise paid for or agreed to pay for by the customer within thirty (30) days must be returned to G-Delight upon service termination. Customer is responsible for all the shipping charges for any hardware return to G-Delight for any reason even if hardware is covered by warranty. No hardware return is accepted after thirty (30) days of purchase. Returned hardware must be fully functional, include all packaging, manuals, peripheral devices, and all other accessories that were originally shipped with the equipment. Customer may be charged for damaged equipment or missing item that came together with equipment. Customer can back up any file in the hardware before return if not G-Delight will not be held responsible for any data loss from the returned equipment.
Improper Use of VOIP Services
G-Delight VOIP Services shall not be used by customer for any unlawful, dubious, improper, or abusive purpose or in any way that interferes with our ability to supply top quality VOIP Services to other customers. If G-Delight discovers that customer is using VOIP Services outside the permitted uses in this agreement, G-Delight can solely make immediate decision to terminate the customer and charge the customer fees that may apply for VOIP services usage and damages caused by the improper use of the services.
Improper uses include but not limited to:
(a) Unlawful behavior, defamatory, obscene, deceptive, threatening, harassing, libelous, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
(b) Sending unwanted messages or advertisements, together with voicemail, SMS, or faxes, bulk or junk voice mail, SMS, or faxes.
(c) Collecting information about others without their consent.
(d) Intentional or reckless transmission of material that contains viruses, time bombs, malware or other programs that are harmful or dangerous.
(e) Creating a false Caller ID, forged SMS address or header, or trying to mislead others through hide of sender identity or communication origin with our VOIP Services.
(f) Transmission of any material that may violate foreign or domestic intellectual property rights or other rights of third parties.
(g) Violation of any U.S. or foreign law relating to technical knowledge transmission or software export through our VOIP Services.
(h) Utilization of our VOIP Services beyond what would be expected as normal by G-Delight, allowing more than one user to use a single VOIP line or using a single VOIP line in excess of what would be expected of a single user. (i) Utilizing our VOIP Services in such a way that interferes with other customers’ and third parties’ use such as disrupting, preventing, or restricting them from use of our VOIP Services.
(j) Adopting or utilizing methods or devices that are designed to avoid or bypass this user policy.
Any violation of this policy whether directly or indirectly is strictly prohibited and could result to termination of services provided to Customer.
Changes to the Agreement and VOIP Services
G-Delight might amend the terms and conditions of this Agreement anytime without any notice and also has the right to change, suspend or discontinue VOIP Services either temporarily or permanently with or without any notice to the customer.
Phone Number Portability
If your existing phone number is being transferred from another service provider to G-Delight VOIP Services, the following terms and conditions shall apply:
(a) Customer will cooperate fully with G-Delight by providing promptly all information such as letter of authorization (LOA) or other documents we may request to process your order for service.
(b) The Customer is giving G-Delight authorization to notify your current telephone service provider of your decision transfer your local, local toll and long distance services to our VOIP Services.
(c) Customer accepts that G-Delight will not be responsible for the failure or delay by any third party to cooperate in porting any phone number or any unauthorized porting of any phone number by third party.
Fees
It is the responsibility of the Customer to procure and pay for any software, hardware, or internet cost needed to access G-Delight VOIP Services.
Payment
All of G-Delight paid services are prepaid. When you sign up for our VOIP Services, you are authorizing us to charge any credit or debit card or bank account associated with your account on our file. To prevent us from charging your account, thirty (30) days written notice to terminate authority to charge your credit or debit card or bank account must be emailed to G-Delight and authorization will remain valid until after the 30 days’ notice.
Late/Non-payment
G-Delight reserves the right to terminate your VOIP Services any time if there is a payment decline on your credit or debit card or bank account on file. For any returned or declined payment, we will charge an additional fee of twenty dollars ($20.00 USD) and may, without your notice, suspend or terminate your VOIP Services.
Billing
Customer must provide us with a valid credit or debit card or bank account and full authorization to charge the account of full amount due when VOIP Services are activated. G-Delight charges in advance monthly VOIP Services fees. 3% surcharge will be added to all credit or debit card payments.
Taxes
It is the responsibility of the Customer to pay any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, VAT, or other taxes, fees or charges being enforced or enacted in the future, as a result of VOIP Services or Equipment G-Delight provides.
Technical Support
Technical support is provided to customer by G-Delight based on the VOIP Service Plan terms. The support is provided from office through phone, email or remote screen sharing. G-Delight does not provide support for services or Equipment it did not provide to Customer.
Termination
Partial or full termination of services could be enforced by G-Delight without notice due to non-payment or misuse of our VOIP services or Equipment.
Indemnification
Customer agrees not to hold responsible G-Delight, its administrators, officers and associated parties, from any claims or damages due to violation of this Agreement, Customer’s fault, negligence or intentional misconduct, or unauthorized use or damage by another through stealing or misuse of Customer’s data. Customer agrees also not to hold responsible G-Delight and its associated parties from any and all claims, losses, damages, fines, penalties, costs, and expenses you or any third party incurred for failure or outage of VOIP services we provided. This indemnity is also applicable irrespective of the fault or negligence by G-Delight.
Emergency E911 Calls
Customer acknowledges and agrees that G-Delight will not be held responsible for any service outage, inability to dial 911, and/or inability to access emergency service personnel. Customer agrees to defend, indemnify, E911that you are aware of and understand the limitations of E911and agree to advise all persons who may conduct calls using your voip services of the same. G-Delight is required by the FCC to inform Customer of the circumstances where E911 may not be available or may have limitations when compared with traditional 911 service.
These limitations include: (a) Internet Failure as a result of power outage, interruptions or Internet Service Provider. Customer will not be able to access E911 in this situation. (b) Customer requesting to be assigned a phone number with an area code outside your local address. E911 calls made with that phone number will route the call to appropriate local emergency responder for that location instead of customer’s location. If a Customer relocates to another city outside your area code without a change of phone number, E911 call made in that location will be routed to the appropriate Governmental agency and might be subject to $500 fine. (c) Customer should notify all business colleagues, household residents, guests, and other persons who may be present at the physical location where Customer utilizes the VOIP Service of E911 limitations when compared to traditional 911 service.
G-Delight will not be responsible for the conduct of PSAPs, the National Emergency Call Center, and all other third parties involved in providing emergency response services.
Customer understands and accepts that G-Delight relies on third parties to route 911 calls to local emergency response centers and to a national emergency calling center. G-Delight will not be responsible for any liability if third party data used to route calls is incorrect or gives a false result. G-Delight officers or employees, will not be held liable for any claim, damage, or loss related to our 911 Service. Customer hereby waive any claim, damage, or loss arising from or relating to this service unless such cause is from our negligence or willful misconduct.
Disclaimer of Warranties and Limitation of Liability
G-Delight will not be held liable for all warranties, either expressed or implied of merchantability and fitness for a particular purpose and non-infringement. G-Delight does not guarantee that this site, the servers, our VOIP Services or email sent from us are free of viruses or other components that may be harmful. Our Company will not be liable for any damages of any kind arising from the use or inability to use this site whether based on contract or any other basis even if we have been advised of the possibility of such damage. G-Delight makes no warranties as to the operation of this site, the VOIP Services, the information, materials, or products included on this site. G-Delight makes no warranty that: (a) our VOIP Services will meet Customer requirements, even if we knew of it in advance, (b) our VOIP Services will not be interrupted, timely, secure, or error-free, (c) the results obtained from the use of our VOIP Services will be accurate or reliable, (d) products or services quality, information, or other things purchased or obtained by Customer through our VOIP Services will meet Customer expectations, and (e) any errors as a result of our VOIP Services will be corrected.
Customer also has the understanding and agreement that Customer will be solely responsible for any damage as a result of the use of our VOIP Services, which includes but not limited to damage to your computer system or data loss.
No Consequential Damages
G-Delight, its staffs, directors, affiliates, agents, or any other service provider who provides services to the Customer through this Agreement or our VOIP Services will not be liable for any incidental, direct or indirect damages, which may include loss of data, loss of revenue or profits, or arising from the use or inability to use our VOIP Services. These limitations herein apply to all claims whether founded in breach of contract, breach of warranty, or products liability, and all other theories of liability whether or not G-Delight was given information of the likelihood of any damage.
Remedies for Breach of these Terms by Customer
If G-Delight finds out using its sole discretion, that Customer has breached or violated any portion of these Terms of Service, or exhibited inappropriate conduct for our service, we reserves the right to warn Customer of the violation through the email, discontinue Customer access to our site or our VOIP services and notify or cooperate with the proper law enforcement authorities for further action. G-Delight also reserve the right to sue for damages or take any action it deems appropriate.
Governing Law
Texas State law governs this agreement without regard to its conflicts of law provisions. G-Delight Customer is acknowledging and agreeing that courts in Texas have jurisdiction over this Agreement and that Dallas County, Texas is the exclusive place for any litigation, and that all litigation shall be in Dallas, Texas.
Registration Information/Privacy Policy
G-Delight gives third parties that provides technical services to us access to our database to the extent necessary to carry out technical services. We try to keep Customer information as confidential as possible except where third parties need such information for technical services or Customer giving a consent to release Customer information. G-Delight may also assign, sell, license, or transfer to a third party its entire database, that may include customer information in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of the assets or stock of G-Delight.
Customer has the sole responsibility to keep Customer access information confidential.
Consent to Receive Electronic Documents
When a Customer accesses our site and/or uses our VOIP Services, the Customer is accepting to receive all G-Delight documents electronically which may include billing reports, statements and other electronic records in place of paper documents, statements and records. These records may be emailed to Customer’s provided email address or through our site. When a Customer accesses our site and/or uses our VOIP Services, Customer is also agreeing to use electronic signatures in place of or in addition to physical signatures.
Acknowledgment
When Customer uses our Services or site, Customer is agreeing to have read, understood and consented to these Conditions of Use.
