Please note that you are not allowed to use the VoIP
services in territories where offering or using such services is forbidden
by law. By agreeing to this Terms of Service, you will explicitly state
that you have verified in your own territory if the offering and use of such
services is allowed
These words have the following
meanings in this agreement, either in the singular or in the plural form.
Account: Refers to the ability to use the GismoTel Voip service.
Voip service: Means the service
provided by GismoTel which allows subscribers to make calls to End-Users
and for which GismoTel receives payment.
Password: Refers to a code
you selected, which, in combination with the User ID, gives you access to your
User ID / Account Number: Refers to an
identification code you selected, which in combination with the Password, gives
access to your Account.
Subscriber: Means a subscriber
of the Voip service.
End-User: Refers to the end
user who is on the Public Switched Telephone Network.
endeavour to provide the Voip service with minimum disruptions. However
GismoTel cannot guarantee that the Voip service will always function
without disruptions, delay or other imperfections. Since the Voip service will
be transmitted through public Internet lines and the public switched
telephony network, you understand that you may experience some disruptions in
the Voip service, e.g. packet loss and delay. Additionally, you also understand
that calls to or from the public switched telephony 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.
entitled, without any liability, to refuse, limit, suspend and/or interrupt the
Voip service, for any reason whatsoever, at its own discretion and without any
notice to you.
change the technical features of the Voip service in order to keep pace with
the latest demands and technological developments.
not responsible for the communication transmitted through the Voip services.
However, by accepting this Terms of Service, you agree to use the Voip service
only for lawful purposes.
You acknowledge and
understand that the Voip service is not a traditional telephone service.
Important distinctions (some, but not necessarily all, of which are described
in this Terms of Service) exist between the traditional telephone service and
the Voip service provided by GismoTel.
acknowledge and agree that the Voip service provided by GismoTel does
not and is 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 that GismoTel 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 GismoTel Voip
You will use the
Voip service in accordance with these Terms of Service, the End User License
Agreement and the relevant legislation.
You will at all
times provide GismoTel in good time with any data or information necessary
to a proper providing of the Voip service.
If any data
required for the providing of the Voip service are not available to
GismoTel or not available in good time or not in accordance with the
arrangements, or if you do not fulfil your obligations in any other way,
GismoTel will be entitled to suspend the provision of the Voip service.
You agree not to
resell the Voip service to any third party unless you are an assigned
reseller by GismoTel.
You agree to
indemnify, hold harmless and defend GismoTel at your expense, against any
and all third-party claims, actions, proceeding and costs, including but not
limited to reasonable attorneys fees, incurred by GismoTel arising out of
or relating to your violation of the Terms of Service, the agreement,
applicable law, or rights of any third parties and/or the misuse of the Voip
User ID, Password and Account
In order to make
use of the Voip service, GismoTel will grant you a User ID, Password and
Account which you will have to create yourself on the GismoTel website at
the Registration for new account section.
You are solely
responsible for maintaining the confidentiality of your User ID and Password.
You are responsible and liable for all activities conducted through your User
ID, Password and Account, even if this occurs without your permission.
You agree to
immediately notify GismoTel in writing of any unauthorised and/or
fraudulent use of your User ID, Password and/or Account. You agree to indemnify
GismoTel against any and all third party claims and all related
liabilities arising out of, or relating to, the use of your User ID, Password
reserves the right to change your User ID or Password if this is in the
interest of the functioning of the Voip service or to prevent fraudulent use of
the Voip service.
After registering for a new
account you will have to activate this account within 24 hours. Not activating
your account will result in deletion of this account.
In order to pay for
the Voip service you must deposit a credit balance (Pre-Pay amount) on
your account(s) by credit card through PayPal, banktransfer, Western Union
payment, or other means which may be made available by GismoTel. New
accounts paid by credit card are activated immediately upon receipt, validation
and fraude-check of credit information. You must give us a valid credit
card number (Visa, MasterCard, American Express or any other issuer
then-accepted by GismoTel ) when the Voip service is activated.
GismoTel reserves the right to stop accepting credit cards from one or
more issuers. PayPal and Credit Card payments through PayPal, are charged with a 5% service-fee.
In the event GismoTel has provided you with a password or voucher number
which represents a credit balance for the Voip service, you will activate this
credit balance on your account by typing this password or voucher number on the
relevant part of the website www.GismoTel.com.
All credit balances
on your Account are non-refundable.
Tariffs and Payment
For credits for the Voip service purchased, you shall pay GismoTel the tariffs as stated on
the website / your account. Unless stated otherwise, all tariffs and charges shall be stated in Euros and
shall be exclusive of value added taxes (VAT) or any other applicable taxes.
reserves the right to change the tariffs at any time without giving notice on
the website www.GismoTel.com. If you do not wish to accept such adjustment of
tariffs, you are entitled to terminate your Account, by written notice, with
effect from the date on which the adjustment of tariffs would become effective.
You agree that by continuing to use the Voip service following the adjustments
of the tariffs, you accept such adjustments.
Charges shall be
calculated by multiplying the duration of the call by the applicable tariff.
The duration of a call shall be based on 1 seconds increments.
During the call,
charges incurred will be deducted automatically from the Pre-Pay amount in your
In the event you
believe that GismoTel has charged you in error, you must contact
GismoTels customer services within 7 days after such charge. Refunds or
adjustments will not be given for any charges which are more than 7 days old.
You can only make
use of the Voip service when your account has a positive and sufficient credit
balance for the call you would wish to make.
If you have ordered DID number(s) and prepaid your DID number will be provide.
When DID number need to be renewed and payment have not been made DID number will be
cancelled and GismoTel can not guarantee the same number if customer have not paid in time.
Privacy, Personal Data and Traffic Data
committed to respecting your privacy and the confidentiality of your personal
GismoTels website, applies to the use of personal data and
the traffic data, as well as the confidential information transmitted via the
Intellectual Property Rights
property rights regarding the Voip service, including but not limited to the
software and documentation that is used therefore developed and/or owned by
GismoTel shall be and shall remain the sole property of GismoTel .
The providing of the Voip services does not imply any transfer of intellectual
You shall only
obtain a non-exclusive and non-transferable right for the use of the Voip
services for the agreed objectives. You commit yourself to adhere strictly to
any conditions laid down in the Terms of Service or imposed in any other way.
Limitation of Liability
In the event of
GismoTel being in breach of any of its obligations towards you under the
agreement, GismoTel will accept liability to pay damages only to the
extent as laid down.
GismoTel can only be held
liable for direct damages resulting from an attributable failure to perform its
obligations under the agreement. Direct damages in this respect exclusively
- all reasonable costs incurred by you in order to have
GismoTel perform its obligations under the agreement
- all reasonable costs incurred by you in order to prevent
or limit any direct damages as meant in this article
- all reasonable costs incurred by you in order to establish
the nature and scope of the direct damages as meant in this article
The direct damages
as meant in this article shall be limited to the amount the amount
actually paid by you for the Voip service during the year in which such damages
occur. In no event, however, shall the total compensation for any direct
damages exceed the actual Pre-Pay amount IN the account at the time such
To the maximum
extent permitted by applicable law, in no event shall GismoTel be liable
for any special, incidental or consequential damages whatsoever (including but
not limited to, damages for loss of profits or confidential or other
information, for business interruption, for personal injury, for loss of
privacy arising out of or in any way related to the use of or inability to use
the Voip service), even if GismoTel has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose. Any
investements made by the users of the Voip service(s) from GismoTel to be
able to make use of these services are not and will never be the responsibility
of GismoTel. Therefore, GismoTel will not be liable for losses or
damages that are the direct- or indirect result of these investments, whether
these investments will be materialistic or financial.
limitation of liability shall cease to apply if and insofar as
the loss is due to GismoTels wilful intent or gross negligence.
Loss of Service Due to Force Majeure
You acknowledge and
understand that the Voip service does not function and GismoTel will not
be in breach of any of its obligations towards you under the agreement in the
event of a force majeure event. A force majeure event means any event beyond
the control of GismoTel including, but not limited to, an act of God,
insurrection or civil disorder, war or military operations, national or local emergency,
power outage or Internet service or servers disruption, flood, subsidence, or
weather conditions of exceptional severity.
In the event
GismoTel is affected by a force majeure event, it shall promptly notify
you of the estimated extent and duration of its inability to perform or delay
in performing its obligations, on a best efforts basis.
Term and Termination
The agreement will
be effective as of the date you accept the agreement, and will remain effective
until terminated by either party as set forth in this Terms of Service.
You may terminate
this agreement at any time, under the conditions provided herein. GismoTel
may terminate this agreement at any time, with or without cause, by providing
notice to you and/or preventing your access to your account and to the Voip
Upon termination of
the agreement for any reason all licenses and rights to use the Voip service
shall terminate and you will cease any and all use of the Voip service.
which must survive in order to give effect to their meaning shall survive any
expiration or termination of this agreement, including without limitation, all
of your representations, warranties and indemnification obligations.
You may not assign,
or otherwise transfer, the agreement, or any rights or obligations hereunder
without the other partys written consent (which consent shall not be
unreasonably withheld or delayed).
The Agreement shall
be governed by the laws of Denmark.
All disputes that
may arise under or in connection with the Agreement shall be exclusively
submitted to the competent Court within Denmark.
modify these Terms of Services at any time by publishing the revised Terms of
Services on the website www.GismoTel.com. If you do not wish to accept
these revised Terms of Service, you are entitled to terminate your Account, in
writing or by e-mail to GismoTel, with effect from the date on which
the revised Terms of Service would become effective. You agree that by
continuing to use the Voip service following the publishing of the revised
Terms of Service, you accept these Terms of Service.
reserves the right to adjust the Voip service at any time, for example to
conform with legal and regulatory obligations. If you do not wish to accept
these adjusted Voip service, you are entitled to terminate your Account, in writing
or by e-mail, with effect from the date on which the adjusted Voip will be
The invalidity or
unenforceability of any provision of the Terms of Service shall not affect the
validity or enforceability of the remaining provisions of this Terms of
Service. In the event of any provision of the Terms of Service being determined
to be invalid, unlawful or unenforceable to any extent, parties shall agree
upon a new provision that is to approximate the contents and scope of the