terms and conditions
Overview
KOL TELECOM SERVICES LLC., registered office at 251 Little Falls Drive, Wilmington, DE 19808, United States of America and its Affiliates (hereinafter referred to as "KOL TELECOM"; "us" or "our") Providing the best in value, technology, and service to its customers, KOL TELECOM delivers IP telephony services, IP PBX hosted and on premise, wholesale and retail messaging services, cPaaS solutions, Number Lookup services (MNP/HLR), social media messaging integration, Omni-channel Chatcentre, ChatBots etc., These terms (hereinafter referred to as "Terms") apply to the use of the Products, services and applications offered by KOL TELECOM as well as KOL TELECOM website www.koltelecom.com (hereinafter referred to as the "Site"). Please read them fully and carefully before using the Services. Unless you work for a company that has negotiated a separate written agreement with us, these Terms set forth the legally binding agreement between you or your company and us for your use of the Services and the Site. If you are accepting these Terms on behalf of a company, you represent and warrant that you have the authority to do so.
1. PROVISION OF SERVICES
1.1 Your Account
To use our Services of MBlastr, VKOLU and WhatsApp for Business (ECHT), you will be required to create an account. For this purpose, you will need to click on the "Sign up" button on the respective sites. KOL TELECOM will then ask you to provide your company name, your services, mobile phone number and email address. KOL TELECOM will process to verify the provided phone number and email address. After successful checking, your account will be automatically created and you will then receive a first email including your account username and password to access to your dashboard.
You are solely responsible for all use (whether or not authorized) of the Services under your customer account(s), including the quality and integrity of your Customer Data and each Customer Application (as defined below).
You are also solely responsible for maintaining the security, confidentiality of your customer account credentials in order to prevent unauthorized access to or use of the Services. You shall inform KOL TELECOM immediately if there is any reason to believe that the Service is used in any unauthorized way.
KOL TELECOM will not be liable for any loss or damage arising from unauthorized use of your customer account(s). You will be solely responsible, at your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for you and each End User to connect to, access, and use the Services.
1.2 Access, Use and Restriction of the Services
KOL TELECOM will make the Services available to you in accordance with these Terms and the Documentation. The Services are available worldwide. KOL TELECOM does not warrant that the Platform will be continuously available without any downtime.
2.1 Taxes
The price for the Services is exclusive of any Taxes and transaction fees, including but not limited to the value added taxes, withholding taxes, bank transfer charges. You shall be responsible for and shall pay all Taxes imposed on or with respect to the Services. If you are exempt from any such Taxes for any reason, KOL TELECOM will exempt you from such Taxes once you provide us at accounts(at)koltelecom.com with a duly executed and dated valid exemption certificate that must be approved by us. If you are exempt from VAT (Value Added Tax) or GST (Goods and Services Tax), then it is your responsibility to provide your VAT or GST registration number to us.
3. OBLIGATIONS AND LIABILITIES
3.1 Your obligations and Liabilities
You must comply with the technical specifications provided by KOL TELECOM and acknowledge that these specifications can be updated by KOL TELECOM from time to time as per provisions of section 10.3 "Change to These Terms".
All short messages to be sent to recipients located in Hong Kong shall comply with the following:
(a) Personal Data (Privacy) Ordinance (Cap. 486);
(b) Unsolicited Electronic Messages Ordinance (Cap. 593) and Code of Practice on Sending Commercial Electronic Messages;
(c) Telecommunications Ordinance (Cap. 106);
(d) Policies & Regulations issued by the Office of the Communications Authority.
Chargeback. You agree not to file fraudulent chargeback claims by either fraudulently claiming that the charge was unauthorized or that the purchase did not live up to the Terms in some way. You acknowledge that KOL TELECOM may request additional information such as your passport and ID (for individuals) or copy of your business license (for enterprises) in order to prove your identity and avoid fraudulent use and payment.
Equipment. You are responsible, at your own expense, for providing the suitable hardware, software and infrastructure to ensure its access to the Platform.
Voice Recordings and Communications Monitoring. You represent and warrant that if you record or monitor telephone calls, SMS messages, or other communications using the Services, you will comply with all applicable laws prior to doing so and will secure all required prior consents to record or monitor communications using the Services. KOL TELECOM makes no representations or warranties with respect to recording or monitoring of telephone calls, SMS messages, or other communications. You acknowledge that these representations, warranties, and obligations are essential to KOL TELECOM’s ability to provide you with access to recording and monitoring features that are part of the Services, and you further agree to indemnify KOL TELECOM and its affiliates for and against any and all claims demands, actions, damages, costs and expenses or liability arising out of or relating to any breach or infringement of the laws and regulations applicable to voice recordings and/or communications monitoring.
You will defend and handle at your own expenses, fully indemnify and hold harmless KOL TELECOM and its affiliates, from and against any and all claims, demands, actions, damages, costs and expenses, or liability of whatever nature incurred or to be incurred arising out of or relating to (i) Your use of the Services other than as expressly authorized in these Terms (ii) infringement of any third party intellectual property rights in using the Services or the application, (iii) any breach of your obligations under these Terms, (iv) any claims arising from the information, data, or messages you transmitted using the Services, including, but not limited to, claims for libel, slander, infringement of copyright, and invasion of privacy or alteration of private records or data.
4. KOL TELECOM Obligations, Warranties and Liabilities
No warranty. To the maximum extent permissible under applicable laws and except as expressly stated otherwise in writing, the Services are provided on an "as is" and "as available" basis, and neither KOL TELECOM nor any of its licensors make any representations or warranties, whether express, implied, or statutory, regarding the Services, API nor the Platform or any other software or services, including any representation, warranty or undertaking that (i) the Platform nor the Services will be continuously available without any downtime; (ii) the Services are virus-free or error-free, (iii) all the Mobile Networks will be reachable at all times; (iv) the data passing through the Platform will not be subject to loss or damage and that (v) the Services, API and Platform will be compatible with you network or your End-Users’ networks, systems, applications, hardware, or devices.
No liability. You acknowledge that KOL TELECOM does not examine, does not have any control over, and is not liable in any way for the contents and information which pass through the use of the Services.
In case of suspension of the Services due to your non-payment of the fees, KOL TELECOM will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur in connection with any such suspension.
KOL TELECOM is not responsible in any way for any mobile telecommunications systems or Mobile Networks, which it does not operate and in particular for the operators Mobile Networks. Therefore KOL TELECOM shall not be liable for the acts or omissions of other providers of telecommunication services (including suspension or termination of KOL TELECOM connections and/or contracts with any network operator) or for faults in or failures of their apparatus or Mobile Network, and in general for any other technical reason attributable to Mobile Network operator's or telecommunication service provider.
KOL TELECOM shall have no liability in respect of unauthorized access to your account data or the unauthorized use of a Service unless the unauthorized access or use results from KOL TELECOM’s failure to meet its security obligations.
5. PERSONAL DATA
Each Party shall take reasonable and appropriate measures to prevent the unauthorized use or disclosure of any personal information provided by the other Party.
Each Party will not share personal information of the other Party with any third party not involved in the provision of a Service without the consent of the other Party.
You shall read KOL TELECOM Privacy Policy that sets forth how KOL TELECOM will collect, store, use and disclose your End-Users Data and you customer account data including personal data. If you do not agree with our Privacy Policy, then you must stop using the Services immediately.
6. CONFIDENTIALITY
Confidential information under these Terms means any information disclosed by either Party, whether it is in tangible form or not, and that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information includes but is not limited to the business secrets (including financial secrets), technological secrets, operating know-how, or other unpublished information and documentation that are obtained or learned by the receiving Party (hereinafter referred to as the "Information Receiver") from the owning Party (hereinafter referred to as the "Information Discloser") or are mutually created by and become inseparable between both Parties during the fulfilment of these Terms, no matter whether the Information Discloser disclaims the confidentiality of such information orally, visually, or in writing when disclosing the information.
Confidential Information does not include any information which: (a) is publicly available through no fault of the Information Receiver; (b) was properly known to the Information Receiver, without restriction, prior to disclosure by the Information Discloser; (c) was properly disclosed to the Information Receiver, without restriction, by another person without violation of the Information Discloser's rights; or (d) is independently developed by the Information Receiver without use of or reference to the Confidential Information of the Information Discloser.
The information confidentiality obligations under these Terms will survive one (1) year after the termination of these Terms.
7. INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights in all software, information, technology or data whatsoever supplied by either Party under these Terms shall remain the property of that Party or its Affiliates or their licensors.
8. GOVERNING LAW
Both Parties agree that the Terms shall be governed by and construed in accordance with the laws of United States of America, and that each Party shall submit to the jurisdiction of the courts in USA.
