GENERAL TERMS AND CONDITIONS


  1. Services: GET VOIP agrees to supply the services described herein (the “Services”) in accordance with the terms of this Contract. Customer agrees to receive the Services from GET VOIP in accordance with the terms of this Contract. The Customer has purchased a managed service and (unless in accordance with clause 3) GET VOIP shall have no liability or obligations to perform any extra consultative, administrative, maintenance outside of the definition provided in clause 2.

  2. Managed Service: GET VOIP provides service management for all hosted 3CX virtual servers and sip trunk connections. This service includes 24x7x365 proactive monitoring, advanced threat detection, firewall monitoring, nightly backup and data restores including patching of 3CX and host operating system.

  3. Other Services: Upon request by Customer, GET VOIP may at its option, provide Customer with technical and non-technical support, such as troubleshooting, DNS and other support (“Other Services”), outside the scope of services and the costs for providing such services shall be agreed in advance in writing by the parties.

  4. Effective Date: The effective date shall be the date the Customer connects to GET VOIP.

  5. Term: The Term of this Contract will commence on the Effective Date, and will continue thereafter for the Term specified in the Service Contract, unless terminated by either party as permitted by this Contract. This Contract shall automatically renew for a period of subsequent one (1) month periods unless written notice is provided by either party to the other at least thirty (30) days prior to the expiration date.

  6. Payment:
      5.1 Customer will pay GET VOIP Recurring Monthly Fees specified in the Service Contract.
      5.2 All One-Time Install Fees, where applicable, will be payable on or before the Effective Date. All Recurring Monthly Fees will be payable monthly in advance.
      5.3 Except for any first payment shown in the Service Contract, which must be paid by Customer to GET VOIP before commencement of the term, all amounts will be payable monthly by Online Direct Debit to GET VOIP’s business bank account.
      5.4 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, setoff or counterclaim against GET VOIP in order to justify withholding payment of any such amount in whole or in part.

  7. Customer Default: For the purposes of this Contract, each of the following shall be an “Event of Default”: (i) Customer fails to make any payment of fees or other payment required under this Contract, as and when due; or (ii) Customer fails to observe or perform any of the covenants, conditions or provisions of this Contract to be observed or performed by Customer.

  8. Consequences of termination: On termination of this Contract (however arising): (i) the Customer shall immediately pay to GET VOIP all of GET VOIP’s outstanding unpaid invoices and interest and, in respect for Services supplied but for which no invoice has been submitted, GET VOIP shall submit an invoice which shall be payable by the Customer immediately on receipt; (ii) subject to clause 10, all licenses and rights of access granted under this Contract shall immediately cease; and (iii) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

  9. Holding Over: If Customer continues to occupy the Customer Space following the expiration or termination of this Contract with GET VOIP’s consent, then such holding over shall constitute a renewal of this Contract on a month-to-month basis.

  10. Credit Authorisation: Customer hereby authorises GET VOIP and gives consent to GET VOIP under applicable data protection and privacy laws for GET VOIP to obtain credit information and bank and other financial references regarding Customer for the purposes of assessing Customer’s credit worthiness, and Customer will promptly execute and deliver to GET VOIP such further documents and assurances and take such further actions as GET VOIP may from time to time reasonably request in order to carry out the intent and purpose of this section.

  11. Force Majeure: Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure prevails for a continuous period of more than 3 months, either party may terminate this agreement by giving 7 days' written notice to the other party. On the expiry of this notice period, this Contract will terminate and such termination shall be without prejudice to the rights of the parties in respect of any breach of this Contract occurring prior to such termination. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This section will not apply to excuse a failure to make any payment when due.

  12. Reselling: Under this Contract Reselling is not permitted by customer taking any services with GET VOIP. Other private URL’s are allowed to be hosted from the server where no profit is to be made. Bandwidth limits for hosting extra URL’s must be maintained.

  13. Confidentiality: A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 16 shall survive termination of the Contract.

  14. Miscellaneous: All approvals, requests, authorisations, directions or other communications under this Contract, with the exception of maintenance notifications, will be given in writing to the party at the address first set forth above for such party and will be deemed to have been delivered and given for all purposes (i) on the delivery date, if delivered personally; (ii) one business day after deposit with a commercial overnight carrier, with written verification of receipt, if sent by courier; and (iii) upon personal acknowledgement by the recipient, if sent by email.