DBTel is a service provided by DBTel Communications LLC [www.dbtel.net]. These terms of service constitute your agreement with DBTel / DBTel Communications LLC Services. (DBTel or we)
Acceptance of Terms:
Jurisdictional Restrictions: If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the DBTel 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 Provider's 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 DBTel, 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).
The DBTel Services: DBTel is an online international calling service that can be accessed globally. There are 2 ways to register:
• Online registration via www.dbtel.net • Call customer services on 1 800 7101 545 Once registered the customer will receive an instant email informing them of their login details.
• Transparent online call history • No hidden service charges and connection charges • All international rates are accurately defined • All countries' access numbers are available on our website • DBTel account details:
• You can top-up your DBTel account online using your debit or credit card from anywhere in the world via our website using Paypal or Authorize.net or any other payment service as mentioned in our website unless restricted as per local law of the country you are residing at the time.
DBTel Service - PIN Service: Calling card service whereby you dial an access number, then a PIN number, followed by your destination number. Your DBTel PIN always remains the same. After your first top-up you will receive your pin instantly via your supplied-email account. If you don't have internet access your PIN can be retrieved by contacting our customer service department.
CLI (PIN free Service): Once signed up, your registered numbers will allow you to make direct calls to any destination without the need for pins, cards or being held in automated queues. You dial the access number, wait for the prompt, dial the country code and the destination number and you are connected. You can register as many numbers as you like online or through our customer service. Please do not register numbers which are used by other people as well as yourself eg. Your main office number.
Direct Call: Once registered this service will allow you to make direct calls to any destination without the need for access or PIN numbers. Setup is done via your DBTel online account or by contacting our customer services.
Soft Phone/ Web Phone: A free downloadable Dialler allowing you to make calls from your PC. Just download the Dialler application and follow the simple online instructions to make a call. Our Web Phone does not require a download, so it's perfect for use in places like internet cafes. Your DBTel account will be debited for the calls you make. You need to use a microphone or headset when using the Web Phone or Dialler.
Roaming Service: DBTel provides local access numbers for over 40 countries. The list of numbers and countries are available on our website under Access Numbers. Please note: check with your mobile phone operator as to whether your mobile is eligible for international roaming and if there are any surcharges for calls made abroad. We are not responsible and will not refund roaming charges that are imposed on your phone tariff by your mobile operator.
Usernames and PIN: You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the DBTel Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will choose a PIN code (PIN) required for access to the DBTel Services. You are responsible for all actions that take place as a result of access to or use of the DBTel Services via your PIN and/or via your mobile phone (Device) independently of whether the access was made by yourself or by a third party using your PIN and/or Device.
Unauthorised Use/Stolen Device: If your Device is stolen or if you become aware of unauthorised use of the DBTel Services you must notify us immediately to suspend the DBTel Services. You are responsible for all charges to your account with DBTel (Account) until the DBTel Services are suspended. We have the right to change your PIN and account name at any time in our sole discretion and without notice.
Use of the DBTel Services: We grant you a non-exclusive, non-transferable right to view and use the DBTel Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.
No Unlawful or Prohibited Use: You expressly acknowledge and agree to use any DBTel 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 DBTel Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third partys intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in DBTel's sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicits funds or services, contain advertising or include programmes that contain viruses or any other programmes designed to impair the functionality of any computer and you may not use any DBTel Service in any manner that could damage, disable, overburden, or impair any DBTel server, or the network(s) connected to any DBTel server, or interfere with any other party's use and enjoyment of the DBTel Services.
Disclosure of Information: DBTel reserves the right at all times to disclose any information as DBTel 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 DBTel's sole discretion.
No Warranties: DBTel does not make any express warranty regarding the DBTel Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however DBTel shall endeavour to provide the DBTel Services with minimum disruptions. DBTel cannot guarantee that the DBTel Services will always function without disruptions, delay or other imperfections and DBTel may choose not to provide service to countries or calling areas at its sole discretion. Since the DBTel 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 DBTel Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, 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. DBTel will not be liable for any disruption, delays, eavesdropping or other omissions in the DBTel Services.
Suspension and Interruption: DBTel is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the DBTel Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the DBTel Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time DBTel may prevent use of the DBTel 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. DBTel will not be liable for any type of communication spread by means of the DBTel Services.
No Emergency Calls: The DBTel 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 DBTel 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 DBTel Services.
No SMS, MMS or FAX Messages: The phone numbers provided by DBTel do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.
Phone Numbers Provided by DBTel: You expressly acknowledge and agree that any phone number(s) provided to you by DBTel are shared by multiple end-users. This means, without limitation, that you may not port-out any such DBTel phone number to any third party.
Intellectual Property Rights: All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the DBTel Services ("Content") is either owned by DBTel / DBTel Communications LLC or has been licensed to DBTel / DBTel Communications LLC by the rights owner(s) for use as part of the DBTel Services. All rights are expressly reserved. Furthermore, DBTel has the right to remove any materials posted to the Site in its sole discretion.
PAYMENT, RATES AND ACCOUNTS
Payment: In order to purchase credits for the DBTel Services and to charge your Account you shall pay DBTel the rates as stated on the Site. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged with a certain pre-selected amount.
Rates: The rates for the DBTel Services are published on the Site. DBTel reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the DBTel Services, following the adjustments of the rates, you accept such adjustments.
Roaming Charges: You will also pay any additional charges you incur if you connect to the DBTel Services through a phone number provided by DBTel while you are in a country that is not the country associated with your fixed net or mobile phone Provider (Roaming Charges). Roaming Charges are charged in addition to any charges you may incur when connecting to the DBTel Services from another country.
Refund: You may request a refund by submitting a written request in English to DBTel's customer services via email@example.com. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. DBTel reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
Account and Receipt: DBTel 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 DBTel Services. The Account History is the only statement of your Account that DBTel will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. DBTel 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 DBTel.
Accounting Errors: If you believe that DBTel has charged your Account in error, you must submit a written request in English for refund by contacting DBTel customer services via firstname.lastname@example.org within 90 days of the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.
TERMINATION AND CANCELLATION
DBTel 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 DBTel Services and/or terminate the Terms of Service.
Cancellation of your DBTel Services: You may cancel the DBTel Services at any time. Unless otherwise stated herein, all DBTel Services will be cancelled from the Site or within 5 days of receipt of written notice from you to email@example.com.
Limitation of Liability: DBTel 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 DBTel 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 DBTel 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 DBTel 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 DBTel 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 DBTel Services including without limitation posting and submitting of any material, (b) connection to the Site or the DBTel 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 Luxembourg without giving effect to the conflict of laws or provisions of Luxembourg or your actual state or country of residence. Any legal proceedings arising out of or relating to the Terms of Service or your relationship with DBTel will be exclusively subject to the jurisdiction of the courts of the district of Luxembourg.
Entire Agreement: These Terms of Service represent the entire agreement between you and us and supersede 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.
IMPORTANT PLEASE READ CAREFULLY: Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used.
If you would like to view, correct, complete or remove your personal information, please contact DBTel by sending a written notice in English via firstname.lastname@example.org.
Registration: You need to join DBTel to use the DBTel Services. By joining you acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of any group requesting the service.
Information Collection and Use in General: DBTel uses your personal information to improve the DBTel Services and to offer more effective customer service. Also, your details help us perform research and analysis to help improve our service. Your details may be stored and processed in Sweden, Luxembourg, the United States or any other country in which DBTel or its affiliates, subsidiaries or agents maintain facilities. By using the DBTel Services, you consent to any such transfer of information outside your country. DBTel abides by applicable safe harbor frameworks regarding the collection, use, and retention of personal information.
Sharing of Your Personal Information: We will not disclose your personal information outside DBTel /DBTel Communications LLC and its controlled subsidiaries and affiliates without your consent, except as described in the Terms of Service.
Some DBTel Services may be offered in conjunction with another company. In such cases, both DBTel and the other company may receive information collected in conjunction with these co-branded services. We may hire other companies to provide services on our behalf, such as marketing activities, handling mail-outs, providing customer support, hosting web sites, billing, or performing statistical analysis. Those companies will be permitted to obtain only the personal information they need to deliver the service. We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on DBTel; (b) protect and defend the rights or property of DBTel (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of the DBTel Services or members of the public.
Accessing your Personal Information:You may be able to view or edit your personal information online. To help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (mobile number and PIN).
Communication Preferences: You can stop the delivery of future promotional e-mails from DBTel and services by following the specific instructions in the e-mail you receive. You may also have the option of proactively making choices about the communications you receive from DBTel, the DBTel Services or by visiting and signing into the Site. These communication choices do not apply to mandatory service communications that are considered part of certain DBTel Services, which you may receive periodically unless you cancel the service.
Security of Your Personal Information:DBTel uses advanced security technologies and procedures to protect your personal information from unauthorized access. Your details are stored on computer systems with limited access in controlled facilities, and credit card numbers and PINs are protected with Secure Socket Layer (SSL) encryption when transferred over the internet.
Your PIN helps protect your accounts and personal information, and therefore it is your responsibility to keep your PIN confidential. Do not share it with anyone, and make sure you log out before leaving the Site.
Log files and IP Addresses: DBTel uses your IP address to diagnose our server problems and to administer our Site.