CallClarity Terms of Service
The CallClarity website or its Partners' (a trading name of Netplan Internet Solutions Ltd) website, as the case may be www.callclarity.net provides you with the online communications service offered by CallClarity through which various CallClarity communication SIP Software may be downloaded, subject to your compliance with the terms and conditions set forth below.
These terms and conditions apply to all applicable CallClarity services offered by CallClarity ("CallClarity Terms of Service"). This Agreement and the CallClarity Privacy Policy ("CallClarity Privacy Policy") are legal agreements between you and CallClarity regarding the use of any of the software you download from the Site, including all programs, related documentation and updates which may be periodically provided by CallClarity (collectively, the "Software") and any call termination services or origination services.
Please read carefully and review all of the terms, conditions, and statements made within this agreement and throughout this site, before consenting to this agreement.
Once registration is completed with CallClarity you are expressly agreeing to be legally bound to and become party to this agreement and any other terms contained throughout this site. If you do not agree to any or all of the terms of this agreement, Please do not register for the CallClarity Service.
If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software, or Service.
CallClarity may modify this Agreement, including but not limited to, its rates or any terms or conditions, at any time by posting such modification on the Site and such modification shall be deemed effective immediately upon posting of the modified Agreement.
You agree to review this Agreement and Site regularly as there may be modifications. Your continued access or use of the Site, Software, or Service shall be deemed your acceptance of the modified Agreement. CallClarity may also make changes to the Site, Software, or Service at any time without notice. CallClarity reserves the right to change or update information on the Site without notice. All images, text, graphics, logos, sound, programs, and any other material found on the Site are protected by British (
PAYMENT/TERM/REFUNDS.
By entering a credit card number and/or using the Services at CallClarity.net, you authorise CallClarity to charge your credit card the calling credit. You represent that the information you submit is true and accurate, and you agree to pay all charges and fees incurred. Service will begin on the date the credit card is cleared and will continue until all credit is depleted. Fees are charged on the basis of one month or any part thereof.
GRANT OF LICENSE
After registering for CallClarity service, this Agreement permits you the non-exclusive right to use the calling account, Service and the Site.
LICENSE RESTRICTIONS
The Service and the Site are made available solely for use by you in accordance with the terms of this Agreement. You may not share, divulge, or otherwise distribute the user name and password that is associated with your account with the intent to defraud or permit unauthorised or fraudulent use of the CallClarity Service. Should CallClarity, in its sole determination, detect use of the CallClarity Service in a manner that is inconsistent with the terms of this Agreement, CallClarity shall have the right to terminate service to the account in question without notice, and no refund will be given. This includes, but is not limited to, the furnishing of false or misleading information by you to CallClarity during registration for and/or subsequent use of the Services, Software, or Site contained herein.
The Software is made available solely for use by you in accordance with the terms of this Agreement. Any violation is expressly prohibited by law and may result in severe penalties. Violators will be prosecuted to the maximum extent possible. The Software that is available for download from this Site is the copyrighted work of CallClarity and/or its suppliers. Any redistribution or reproduction of the CallClarity Software not in accordance with these terms is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT COPY THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION.
CallClarity reserves all rights in the Services, Software, and Site not expressly granted herein, including without limitation ownership and proprietary rights.
TRADEMARKS, COPYRIGHT AND THIRD PARTY MATERIALS
CallClarity shall retain all right, title and interests in its trade names, logos, trademarks, service marks, trade dress, copyrights, websites, domain names and proprietary technology (collectively "Marks"), which shall remain the exclusive property of CallClarity, and nothing in this Agreement shall grant you the license to use such Marks. All intellectual property rights in the Software, including, but not limited to, all copyrights, technology secrets, audio, images and text incorporated into the Software are owned by CallClarity and/or its suppliers and are protected by British (United Kingdom) copyright laws and international treaty provisions. CallClarity shall retain all rights in the Software and its Marks, including, but not limited to, ownership and proprietary rights. You may not reverse-engineer, decompile, or disassemble the Software in any way. The boundaries contained herein apply equally without stipulation to any updates or new CallClarity products that may be periodically provided to you by CallClarity.com.
THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES
Links available on this site may enable you to leave the site. The linked sites contain other terms and conditions, are not under the control of CallClarity, and CallClarity is not responsible for the contents of nay link contained in a site, or any changes or updates to such sites. CallClarity is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by CallClarity of the site. CallClarity cannot and does not guarantee or warrant that the Software or other files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You are responsible for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
CallClarity may offer you products and services provided by third parties. These third party products and services are provided to you only as a matter of convenience and are not under the control of CallClarity. CallClarity is not responsible or liable for the contents, quality, performance, or terms of use of any such third party products or services.
YOUR CONDUCT
You agree to use the Service, Software, and Site only for lawful purposes. You are prohibited from posting on or transmitting through the Service and Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If CallClarity is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, CallClarity may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Service or Site. CallClarity may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request or (ii) to protect the rights or property of CallClarity and its users.
CallClarity reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, CallClarity, the communities that make up CallClarity, or any rights of CallClarity or any third party, or to violate any applicable law.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, CallClarity disclaims all warranties, expressed or implied, including but not limited to implied warranties or merchantability, fitness for a particular purpose, title and no infringement with respect to the software, site and service and any transaction performed through the software, site or service or on the internet generally. CallClarity cannot and does not guarantee or warrant that the Software or other files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of this site, software, and service; all services provided by CallClarity are provided "as is". CallClarity does not warrant that the site, software, or service will be uninterrupted or error-free, that the service will operate without any packet loss or interruption. CallClarity males no representations or warranties as to the quality of the Call or any connection to or transmission over the internet. Some states do not allow limitations on implied warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
You assume the entire cost of any damage resulting from the information contained in or complied by the software. To the maximum extent permitted by applicable law, you acknowledge that CallClarity and its suppliers or licensors will not be liable for (1) Any damages whatsoever (including, without limitation, incidental, indirect or consequential damages, damages for loss of profits, business interruption, loss of programs or information, or other pecuniary loss) arising out of the use of or inability to use the software, site or service, or any transactions provided on the service or downloaded or hyperlinked from the site, event if such party has been advised of the possibility of such damages or (2) any claim attributable to errors, omissions or other inaccuracies in the service and / or materials or information downloaded or hyperlinked from the site. Your sole and exclusively remedy hereunder shall be for you to discontinue your use of this site, service, and software. Some states do not allow limitations on implied warranties, so the above limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend and hold CallClarity, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Service harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation by you of the Agreement or asserted by any third party due to or arising out of your use of or conduct on the Site, Software or Service. The provisions of this paragraph are for the benefit of CallClarity and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Site, Software or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
TERMINATION
CallClarity reserves the right to terminate the Site, Software and/or Services offered by CallClarity and/or your use of the Software, Service and Site at any time without notice and for any or no reason. You may terminate this Agreement at any time simply by ceasing to use the Software, Site and Service; Termination may also occur as your membership and/or account expire; however, the provisions of this Agreement shall survive such termination. NO REFUNDS WILL BE GIVEN TO YOU UNDER ANY CIRCUMSTANCES.
GENERAL
This Agreement is governed by the laws of the United, without reference to conflict of laws principles. Any dispute between you and CallClarity regarding this Agreement will be subject to United Kingdom Law.
This Agreement is the entire agreement between you and CallClarity and supersedes any other communications or advertising with respect to the Software, Site, and Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. CallClarity's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CallClarity may assign its rights and duties under this Agreement to any party at any time without notice to you.
No goods will be accepted for return unless you have followed the required steps stated below are taken. Any random package sent to our headquarters without authorization will not be accepted.
- The first step is to contact Call Clarity by email or phone with an outline of the problem. Our email address is support@callclarity.net
- You will then be instructed by one of our technical support experts with some simple steps to rectify the problem.
- If there are still difficulties and our technical support expert judges that there is an unsolvable issue, you will be given instructions to return the product to our main offices.
CALL CLARITY CONDITIONS FOR PROCESSING RETURNS
- All content from the original sale i.e. cables, manuals, disks, CD's, free software or any other additional items must also be included with the return and in their original state.
- Any goods returned for credit or replacement must be in original product packaging in a high-standard condition. No additional writing, graffiti or stickers on the manufacturer's box and inside contents packed securely inside the packaging.
- In all cases an additional note must be inside the parcel with instructions from our technical staff. Also required are your contact information and a detailed description of the fault. Where the returning goods are arranged to go, it is still the responsibility of the customer to ensure that the goods are securely packaged and with the destination address clearly labelled on the outside of the outer box.
- Returned products must be properly packaged to prevent damage during transit travel with user details clearly marked on the outside of the package. Call Clarity does not accept liability for packages damaged during transit and proof of postage is not proof of delivery. Until your return is delivered and signed by ourselves all goods remain your responsibility.
- We strongly recommend that you sent your package by recorded delivery. This is for your own personal security as most postal or courier services maintain sufficient insurance to cover the value of the goods. The cost of the return is fully borne by the end user and the courier under the Dead-On-Arrival unit terms.
- On receipt of the package the product will be tested against the stated fault. If the product is found to be in full working order it will be returned to the end user. Call Clarity reserve the right to charge 50% of the equipment cost for testing and handling of the goods.
- Your right to cancel does not extend to business customers or goods that are collected from Call Clarity. You have the right to return goods collected from us within 14 days, returns are subject to a 15% handling charge. With the exception of faulty items, which are subject to a full refund or exchange.
- For products beyond the 12 month warranty period, Call Clarity may accept faulty units for repair but the full cost of repairs, handling and postage is to be the service provider/end user's responsibility.
- Refunds will not be given for goods that appear to be not faulty or where the operator is not able to use the product properly. Upon purchase you are expected to ensure that the product is suitable for your requirements and that you have the skills to install and use the product.
- Where a product is out of warranty, then we may choose to offer a repair service.
- This warranty does not apply to any unit that has been subject to neglect, accident, abuse, misuse, misapplication, incorrect connection or that has been subject to repair or alteration not authorised or undertaken by Call Clarity staff.
- Any refund or replacement is entirely at the discretion of Call Clarity. If you would like to request a return please go to our contact page on our website for details.
Should you have any questions concerning this Agreement, or if you desire to contact CallClarity for any reason, please contact: support@callclarity