Terms and Conditions

Contracting Parties

This document, 898 Telecom Terms of Service, hereinafter referred to as the "Agreement", is entered into by and between 898 Telecom, whose offices are located at 311 Shoreham Street, Sheffield, S24FA, United Kingdom, hereinafter referred to as "898 Telecom", and any person or party specified in the relevant registration form or dealer contract. In the case of a company application, the signatory represents the company and confirms that he has the right to represent the company through registration, hereinafter referred to as the "Customer". The "Customer" is required to provide the necessary identification and provide the registration number specified in the registration form on the 898 Telecom website (www.898tele.com) in accordance with the company's regulations.

Preliminary Terms

ELECTRONIC SIGNATURES AND AGREEMENT(S): Customer hereby consents to the use of electronic communications for the execution of contracts, orders and other records and for the electronic delivery of notices, policies or records of transactions completed through the WWW. Furthermore, Customer hereby waives any rights or provisions under any laws or regulations in any jurisdiction requiring an original (non-electronic) signature, delivery or retention of non-electronic records to the extent permitted by applicable mandatory law. NO EMERGENCY CALLS: By entering into this Agreement, Customer acknowledges and agrees that the 898 Telecom infrastructure does not and is not intended to support or make emergency calls. NO CALLBACK CALLS: By entering into this Agreement, Customer acknowledges and agrees that the telephone numbers provided by 898 Telecom cannot be used for call-back applications. JURISDICTIONAL LIMITATIONS: Customer may not enter into this Agreement if he is resident in a jurisdiction that prohibits the provision or use of Internet Telephony. Customer expressly declares by entering into this Agreement that he has determined that the use of Internet Telephony is permitted in his jurisdiction. Customer assumes full responsibility, bears all costs (including reasonable attorneys' fees) and releases 898 Telecom harmless in the event of a violation of jurisdictional limitations.

3. Purpose

This Agreement involves the use of 898 Telecom to provide the Customer with communications services and determines which services 898 Telecom provides and the terms and conditions of use accepted by the Customer. These services are provided under the name of 898 Telecom Trading. 898 Telecom has the right to reject applications in the following cases: – If the information provided is incomplete. – If 898 Telecom has reason to doubt the accuracy of the information or does not have the necessary authentication support required for the authorization of the Company's application. – If the Customer is known to have committed fraud, is bankrupt, or has any reason to doubt that he or she is not sufficiently capable of fulfilling his or her commitments under this Agreement.

4. Contract Formation

4.1 Any errors, omissions or typographical errors in quotations, sales information, invoices, or documents provided by 898 Telecom will be corrected upon notification by 898 Telecom without any liability. 4.2 If changes in insurance, safety or statutory regulations are necessary after the effective date of this Agreement, the terms of this Agreement may be different from those of 898 Telecom.

5. Responsibilities and obligations

5.1. 898 Telecom

5.1.1 898 Telecom strives to provide customers with network services and service numbers, but 898 Telecom is not obliged to provide service numbers at the request of customers. If the service numbers provided to customers may change due to administrative or legal reasons, customers shall be notified as soon as reasonably practicable if such a situation occurs. 5.1.2 898 Telecom will make every effort to maintain equipment to process and receive calls normally. 5.1.3 898 Telecom shall notify customers as soon as possible of any changes in the price of any reasonable payment or modification of the services provided. 5.1.4 898 Telecom provides customers with reasonable technical and sales support, which 898 Telecom shall deem necessary and appropriate in its sole discretion. 5.1.5 898 Telecom may change the equipment used to process calls and provide services from time to time. 898 Telecom has the final decision on such changes and may not obtain the customer's prior consent.

5.2. Customers 5.2.1 Customers shall pay the Service Fees in advance. 5.2.2 Customers shall ensure that they obtain the necessary approvals, licenses or authorizations for the use of the Services operated by 898 Telecom, including the Services provided to end customers. Customers shall be responsible for the content, quality and delivery of the Services provided and for ensuring that such Services comply with the Law and this Agreement. 898 Telecom may recover from Customers and hold 898 harmless from all fines, claims or administrative costs imposed by other regulatory authorities as a result of any violation of laws or best practices. 5.2.3 Customers shall provide 898 Telecom with any information or materials required by 898 Telecom in connection with the operation of the Services, including end customers or any agent required by 898 Telecom. 5.2.4 Customers shall ensure that the Services provided are not used for any illegal purpose, including the transmission or provision of any information or services that are illegal, abusive, harmful, threatening, defamatory, or in any way infringing copyright, intellectual property rights, trademark rights, or pornographic, or other materials that may in any way lead to a criminal offense. 5.2.5 The Customer expressly agrees to indemnify 898 Telecom for all costs and liabilities arising out of any breach of Section 5.2.4, or any allegation relating to such breach. 5.2.6 The Customer shall cooperate with 898 Telecom in any complaint, inquiry or investigation relating to the Services provided to the Customer. The Customer shall, without limitation, bear all costs relating to such complaint, investigation or inquiry, or any non-acceptance or objection taken against 898 Telecom, at the discretion of 898 Telecom. 5.2.7 The Customer shall ensure that any third party using its facilities is bound by the terms of this Agreement. 5.2.8 The Customer is responsible for ensuring that the selection of a particular service phone number does not infringe upon any third party intellectual property rights, and will hold 898 Telecom harmless from all costs and liabilities arising out of any breach or allegation of any breach of any third party intellectual property rights. 5.2.9 All notices, requests or other communications shall be in writing and sent to the Customer by email. The Customer assumes all responsibility for receiving emails from 898 Telecom, agrees to update its email address at any time, and to notify 898 Telecom within 24 hours of any change in its email address.

6. Transfer

6.1 The Customer may not transfer the rights and obligations under this Agreement to any other party without the express written consent of 898 Telecom. 6.2 898 Telecom may transfer the rights and obligations under this Agreement to a third party without the Customer's consent.

Services provided and guarantees

7.1 898 Telecom cannot provide trouble-free services. 898 Telecom cannot provide any guarantee that its network or services are or will be trouble-free. However, 898 Telecom will take steps to ensure that its network and services are generally trouble-free and that the services will not be interrupted. 7.2 In addition to clause 7.1, 898 Telecom does not guarantee or warrant that the services provided are completely satisfactory or suitable for the purpose of the customer's use. Even if implied by statute, all warranties related to 898 Telecom's services are excluded. 7.3 The parties acknowledge that any statement, warranty or representation made before entering into this Agreement or forming part of any contract does not introduce any party into the contract. 7.4 The customer acknowledges that: 7.4.1 Any representation, warranty or other details set out in this Agreement shall not form part of the contract and will not obligate the customer to use 898 Telecom. 7.4.2 The services provided by 898 Telecom are designed for the individual needs of the customer and it is up to the customer to decide whether the quality of the services provided by 898 Telecom is satisfactory or suitable for its purpose. 7.4.3 898 Telecom relies on third parties to provide inbound calls, therefore 898 Telecom cannot be held responsible for any delays in the use of the service by customers. In addition, 898 Telecom does not guarantee that its network or service is continuous or fault-free.

8. Price and Payment

8.1 All accounts are payable in advance and debited on this basis in operation. 8.2 898 Telecom may change the rates detailed in the order at any time, but the customer shall be given written notice 30 days before the change. 8.3 All detailed rates in the order form and monthly report are exclusive of all taxes or levies. 8.4 The calculation of the customer's call minutes shall be based on the data records agreed by 898 Telecom, but in the event of obvious errors, the charges shall be determined by the customer. 8.5 If the customer fails to fulfill its payment obligations under this Agreement, the parties agree that from the date of the last notification, 898 Telecom will be entitled to apply Article 15, paragraph 4 of this Agreement.

9. Technical Support

9.1 898 Telecom may suspend services without prior notice or consent from customers in preparation for maintenance, upgrades, or other matters without incurring any liability. 898 Telecom will take measures to prevent any service interruption or minimize the impact.

9.2 If the Customer becomes aware of any service failure, he/she shall notify 898 Telecom as soon as possible.

intellectual property

10.1 For the sake of clarity and avoidance of doubt, all intellectual property rights owned by a party shall remain vested in that party. 10.1.1 Trade names, documents, drawings and information of whatever nature, including any access codes provided to the Customer, and information on the 898 Telecom database accessed by the end users and customers shall remain the property of 898 Telecom. 10.1.2 Information provided by 898 Telecom to the Customer for the end users of the Customer under this Agreement shall be the property of the Customer. 10.2 The Customer shall not use the 898 Telecom name, trademarks, or any other copyrights associated with the Services or products provided by the Customer to imply any approval or other rights. 10.3 Any right granted by 898 Telecom to the Customer to use the Services and/or the license to use the software related to the Services shall be deemed to be personal, limited, non-exclusive and non-transferable and may only be used for the specified purpose.

Confidentiality Agreement

11.1 During or after the limited period of this Agreement, the parties shall not disclose to any third party any information obtained in connection with this Agreement or the terms and amounts payable under this Agreement, but each party may disclose to its officers and employees, etc., information necessary for the proper performance of its duties and the proper exercise of its rights and obligations under this Agreement. 11.2 Confidentiality obligations and restrictions on disclosure shall not apply in the following cases: 11.2.1 Information known before the signing of this Agreement; 11.2.2 Information disclosed in the public domain except for breach of clause 11.1; 11.2.3 A third party who lawfully obtains the same information from the disclosing party; or 11.2.4 Information required to be disclosed by law. 11.3 The customer shall ensure that the confidentiality provisions of its employees and agents are bound by this Agreement, and shall indemnify 898 Telecom for any loss or damage suffered by its employees or agents due to any breach of confidentiality agreement. 11.4 In the event of a complaint from any regulatory authority or government agency, or any licensed telecommunications operator regarding the services provided by the customer, 898 Telecom has the unconditional and irrevocable right to disclose the identity and address of the customer and any end user.

12. Limitation of Liability

12.1 898 Telecom shall not be liable for any indirect, incidental, special or consequential damages or interruption of communications, loss of data or loss of profits or economic losses arising in connection with this Agreement, in particular any delays in connection with rectification problems. 12.2. Direct damages. 898 Telecom shall only be liable for direct damages resulting from any error or failure in the performance of its obligations under the Terms of Service. Direct damages in this context shall mean only: a. all reasonable costs paid by the Customer for the performance of 898 Telecom's obligations under these Terms of Service; b. all reasonable costs paid by any Customer to prevent or limit any direct damages as provided herein; c. all reasonable costs incurred by any Customer to determine the nature and extent of the direct damages as provided herein. 12.3 Maximum Amount. The direct damages resulting from the breach of this Agreement by 898 Telecom in any event shall be limited to the amount of the month preceding the date on which the costs were incurred by the Customer and accepted by 898 Telecom, but shall not exceed 5,000 euros in any one or series of events. 12.4 898 Telecom is not responsible for any demands or statements made by its customers; 12.4.1 Demands or claims caused by the negligence, misconduct or breach of this Agreement by the customer and/or end-user; 12.4.2 If the customer does not immediately notify 898 Telecom of the claim; 12.4.3 If the customer does not give 898 Telecom full authority to handle the claim, or fails to provide all information required by 898 Telecom and complete and properly assist 898 Telecom in facing the claim.

13. Force Majeure

13.1 898 Telecom shall not be responsible for any event beyond its control, including but not limited to any natural disaster, severe weather, storm, flood, drought, lightning, fire, power outage, power shortage, power supply disruption, telecommunication and cable interruption, trade dispute, government action, embargo, termination or refusal to issue licenses, equipment damage or loss or interruption of operation, any delay or inability of third parties to provide services to us caused by third parties including government or regulatory agencies or telecommunications operators, war, military action or riots. 13.2 898 Telecom shall not be liable for any consequences of any force majeure event.

compensation

14.1 Without prejudice to any other provisions of this Agreement or any other agreement, the Customer agrees to indemnify 898 Telecom and its parent, subsidiaries, affiliates, officers and employees from any claim or demand arising out of the use of the Services or related costs by the Customer or end-users, including third parties; the Customer agrees to indemnify 898 Telecom and its parent, subsidiaries, affiliates, officers and employees, including but not limited to any direct or indirect loss resulting from the use of the 898 Telecom Software or Services; the confidentiality of information, errors and omissions, defects, viruses, transmission delays, interruptions in service or loss of data, whether due to the use or inability to use the Services. 14.2 The Customer agrees to indemnify 898 Telecom, its parent, subsidiaries, affiliates, officers and employees for any claim resulting from any action of the Customer or third party, including but not limited to: 14.2.1 Breach or alleged breach of the terms of this Agreement; 14.2.2 Allegations arising out of the negligence or misconduct of the Customer or any third party; 14.2.3 Marketing or promotion on behalf of the Customer; 14.2.4 Content of the Services provided or sold on behalf of the Customer and all costs associated therewith.

15. Term and Termination

15.1 Term. This Agreement will be effective from the date of acceptance by the Customer and until terminated by either party in accordance with the Terms of Service. 15.2 Either party has the right to terminate this Agreement by giving the other party at least two (2) months’ prior notice. 15.3 Consequences of Termination. Upon termination of this Agreement for any reason, all licenses and rights to use the VoIP Services shall terminate and the Customer shall cease to use all VoIP Services. 15.4 898 Telecom may terminate this Agreement at any time by giving notice with immediate effect if; 15.4.1 The Customer fails to comply with the terms of this Agreement. 15.4.2 The Customer claims or indicates that it will not comply with the terms of this Agreement; 15.4.3 The Customer ceases trading, holds meetings, or arranges with creditors to seize or confiscate property or fails to comply with any legal person's payment requirements; 15.4.4 Any steps taken to liquidate or dissolve the Customer, the Recipient and/or appoint a manager or administrator to hold any assets; 15.4.5 898 Telecom believes that the Customer has allowed the Service to be used for any purpose that is illegal or prohibited by this Agreement; 15.5 Either party may terminate this Agreement if: 15.5.1 Either party has breached this Agreement and fails to correct its conduct within 30 days of notice required, and; 15.5.2 Either party takes any steps to liquidate or dismiss the Recipient and/or appoint a manager or administrator to hold any assets. 15.6 Survival. All provisions that must survive any expiration or termination of this Agreement shall survive, including but not limited to all representations, warranties and indemnity obligations of the Customer.

16. Others

16.2 New Version of Terms and Conditions. 898 Telecom reserves the right to amend this Agreement at any time by providing the amended Agreement to the Customer or by posting the amended Agreement on the Website. If the Customer does not wish to accept the amended Agreement, he has the right to do so in writing or by sending an email to [email protected], effective on the date the revised Agreement becomes effective.

17. Services and equipment for residential use

17.1 If you subscribe to 898 Telecom Residential Services, the Services are provided to you for residential use only. You may not resell or transfer the Services to another party without the Company's prior written consent. 17.2 If you subscribe to a residential unit rate plan, you will not use the Service or Equipment for autodialing, continuous or bulk call forwarding, use of calling cards, telemarketing (including but not limited to charitable or political lobbying or polling), fax or voicemail broadcasting or voicemail bombing. Any use of a residential unit rate plan for commercial purposes shall be deemed void and 898 Telecom reserves the right to immediately discontinue or modify the Service at our discretion. We reserve the right to discontinue the Service or Equipment at any time if your use does not conform to the normal residential usage pattern. In addition, you will be required to pay higher commercial service rates if you use the Service or Equipment for purposes other than normal residential use.