Terms of Service

Acceptance of Terms

By accessing the website, www.vomoz.NET and such other sites that are operated by Vomoz.NET from time to time (the "Site") or using Vomoz.NET's services (the "Vomoz.NET Services"), you agree to be bound by these terms of service including Vomoz.NET's privacy policy provided at the Site (the "Privacy Policy"), and any additional terms on the Site (together "Terms of Service"). If you do not agree to the Terms of Service, you may not activate or use the Vomoz.NET Services. Vomoz.NET may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Vomoz.NET Services you accept such revisions.

Governing Laws and Jurisdictional restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use the Vomoz.NET Services, you may not enter into this Agreement.

Third Party

Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Vomoz.NET, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).

Usernames and Pass code

You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Vomoz.NET Services, as well as any additional information provided or any amendments made by you. As part of signing up on the site, a default pass code (password) required for access and use of the Vomoz.NET Services will be provided. It is your responsibility to change the default pass code (password) to a password of your choice. You are responsible for all actions that take place as a result of access to or use of the Vomoz.NET Services via your pass code (password) and/or via your phone(s) and/or mobile phone(s) ("Device") independently of whether the access was made by yourself or by a third party using your pass code and/or Device.

Unauthorized Use/Stolen Device

If your device is stolen or if you become aware of unauthorized use of the Vomoz.NET Services you must notify us immediately to suspend the Vomoz.NET Services. You are responsible for all charges to your account with Vomoz.NET ("Account") until the Vomoz.NET Services are suspended. We have the right to change your user name and pass code (password) at any time in our sole discretion and without notice.

Use of the Vomoz.NET Services

We grant you a non-exclusive, non-transferable right to view and use the Vomoz.NET Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.

Prohibited Use

You expressly acknowledge and agree to use any Vomoz.NET Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any Vomoz.NET Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Vomoz.NET's sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicits funds or services, contain advertising or includes programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any Vomoz.NET Service in any manner that could damage, disable, overburden, or impair any Vomoz.NET servers, or the NETwork(s) connected to any Vomoz.NET servers, or interfere with any other party's use and enjoyment of the Vomoz.NET Services.

Submission of information to Vomoz.NET

In the course of using the Vomoz.NET Services, users may provide information about themselves which may be visible to certain other users (see the Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Vomoz.NET you are granting Vomoz.NET a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Vomoz.NET Services. Furthermore, you understand that Vomoz.NET retains the right to reformat, excerpt, or translate any materials submitted by you.

Disclosure of information

Vomoz.NET reserves the right at all times to disclose any information as Vomoz.NET deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Vomoz.NET sole discretion.

No warranties

Vomoz.NET does not make any express warranty regarding the Vomoz.NET Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Vomoz.NET shall endeavor to provide the Vomoz.NET Services with minimum disruptions. Vomoz.NET cannot guarantee that the Vomoz.NET Services will always function without disruptions, delay or other imperfections and Vomoz.NET may choose not to provide service to countries or calling areas at its sole discretion. Since the Vomoz.NET Services will be transmitted through public InterNET lines and the public switched telephone NETwork, you acknowledge that there may be power outages or InterNET service disruption and you may experience some disruptions in the Vomoz.NET Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, MMS, etc. to or from the public switched telephone NETwork are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public InterNET. Vomoz.NET will not be liable for any disruption, delays, eavesdropping or other omissions in the Vomoz.NET Services.

Suspension and interruption

Vomoz.NET is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Vomoz.NET Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Vomoz.NET Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time Vomoz.NET may prevent use of the Vomoz.NET Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.

Communication

The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Vomoz.NET will not be liable for any type of communication spread by means of the Vomoz.NET Services.

911 Emergency calls

The Vomoz.NET Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Vomoz.NET is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Vomoz.NET Services.

FAX messages

The phone numbers provided by Vomoz.NET do not and are not intended to support messaging via FAX and other messaging media except as expressly stated on the Site.

SERVICE FEES

Customer agrees to pay all applicable fees as specified in Customer’s Service Level Agreement (SLA). Fees are payable in advance and are due the first day of the month. Customized app development and/or data migration fees are non transferable and are forfeited if Customer fails to submit the development requirements or data within one (1) year of Agreement. Vomoz.NET reserves the right to disable Customer’s account immediately if Customer fails to make payments for the Service by the day said payments are due.

All fees paid are not refundable. However, if Vomoz.NET terminates or cancels the Service or Agreement, with or without cause, Vomoz.NET shall refund Customer the unused portion of the fees remaining for the Agreement’s term (excluding any one-time customization fees, setup fees or data migration fees).

Account and Receipt

Vomoz.NET may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance ("Account History"), which may change from time to time, and an e-mail receipt upon pre-payment for the Vomoz.NET Services. The Account history is the only statement of your Account that Vomoz.NET will provide to you. It is your responsiblity to print or save a copy of your call history and receipts and to retain copies of your records. Vomoz.NET will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Vomoz.NET.

Accounting errors

If you believe that Vomoz.NET has charged your Account in error, you must submit a written request in English for refund by contacting Vomoz.NET's customer services via canada.support@vomoz.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.

Expiration of credits

An account that remains inactive for tweleve (12) consecutive months will be considered expired. All expired accounts will be purged out of Vomoz.NET system and the unused credit balances will be lost.

Referral Program

Vomoz.NET's Referral Program function on the Site allows you to recommend Vomoz.NET to your friends and family. To do so, you must provide the email addresses of the persons you are referring. By providing the email addresses, you are giving us permission to send an email invitation in your name. Friends will be eligible to receive an email invitation if they are not current or former Customers and they have not already been told about Vomoz.NET by another Customer through the Referral Program service. Information entered by you for Referral Program will be used only for the purposes of generating email messages to these potential Vomoz.NET Customers, and all such messages will contain a functioning opt-out mechanism. Refer a Friend is intended to be used only by our Customers to tell their friends and family about Vomoz.NET's service. Vomoz.NET does not condone spamming. Spamming includes, but is not limited to, providing Vomoz.NET with the email addresses of people who are not known to you and entering eemail addresses that are found on a mass mailing llist. If we determine that a Customer is inappropriately using our Referral Program, we may, in our sole discretion, block the Customer from using the Site or cancel Customer's service, in addition to any other remedies permitted by applicable law. Vomoz.NET is not liable for any direct, indirect, or consequential damages due to the use of the Referral Program service.

TERMINATION AND CANCELLATION

Vomoz.NET Service termination/default

If you breach any representations to us or fail to perform any of the undertakings you made in the Terms of Service, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Vomoz.NET Services and/or terminate the Terms of Service.

Cancellation of your Vomoz.NET Services

You may cancel your Vomoz.NET Services at any time. Unless otherwise stated herein, all Vomoz.NET Services will be cancelled from the Site within 30 days of receipt of written notice from you to canada.support@vomoz.com.

Limitation of Liability

Vomoz.NET is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Vomoz.NET Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Vomoz.NET Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Vomoz.NET Services. This paragraph shall survive termination of the Terms of Service.

Assignment

We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.

Indemnity

You agree to indemnify and hold Vomoz.NET and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Site or the Vomoz.NET Services including without limitation posting and submitting of any material, (b) connection to the Site or the Vomoz.NET Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity. Applicable law and competent court The Terms of Service shall be governed by and construed in accordance with the laws of Canada without giving effect to the conflict of laws or provisions of Canada or your actual province or country of residence. Any legal proceedings arising out of or relating to the Terms of Service or your relationship with Vomoz.NET will be exclusively subject to the jurisdiction of the courts of the district of Canada.

Entire Agreement

These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.