terms & conditions
terms & conditionsAll contents are Copyright © airatel Inc.. All rights reserved.
No portion of this service may be reproduced in any form, or by any means, without prior written permission from airatel Inc..
1. Area of applicability
airatel Inc. (hereinafter referred to as “airatel”) offers services (virtual Voice over IP Gateway) to natural and legal persons (hereinafter referred to as “customers” or “customer”) by means of the brand “airatel”. These General Terms and Conditions of Business regulate the full or partial use of these services, unless a deviating written agreement has been made.
2. Services of airatel
2.1 airatel provides web-based/Internet services within the scope of the technical and operational possibilities available. For a detailed description of the services, please refer to the service description.
2.2 The services are available to the subscribers with high availability; however, airatel is not able to provide any guarantee for the uninterrupted and trouble-free functionality of their services. Service interruptions as a result of maintenance works shall be reserved. airatel provides no assurance or guarantee for the quality, availability, support or operation of the voice and/or data traffic on the networks of telecommunication service providers.
2.3 The installation of the hardware and software is in the customer’s exclusive sphere of influence; airatel cannot be made responsible or liable for this. For questions concerning the installation and/or the hardware, you can retrieve detailed information on our homepage HYPERLINK "http://www.airatel.com" www.airatel.com.
3. Services and duties of customers
3.1 The customer shall be responsible for using the services in accordance with the contract and the applicable laws and for paying the agreed services in compliance with the deadlines.
3.2 The customer undertakes to indicate to airatel his current data, such as name and address as well as his valid credit card details and immediately notify airatel in case of changes online, in written form or by fax.
3.3 The customer shall be responsible for the use of passwords and thus the use of airatel’s services, also for access by unauthorised third parties. Furthermore, he undertakes to keep passwords, codes or other access data to airatel’s services in safe custody and not to make them available to third parties.
3.4 The customer shall be responsible for the contents of the information (voice or data) transmitted and made available to him or to third parties by telecommunication service providers with reference to airatel’s services.
3.5 The customer shall take the necessary technical measures to prevent interferences or failures of airatel’s services.
3.6 In the event that the customer violates the regulations stipulated in this contract, airatel shall be entitled stop their services immediately, without prior notice and without providing any compensation and to claim damages.
4. Prices and terms of payment
4.1 The current prices are listed on the website of airatel and can be retrieved at any time. Adjustment of fees will be indicated to the customer in written form. The customers accept the current prices upon using the services offered.
4.2 Prior to using a fee-based service of airatel, a sufficient amount of credit has to be available in the customer’s user account (prepaid). airatel reserves the right to suspend or stop their services in case of insufficient credit amount and claim damages.
4.3 Payments of customers shall be rendered exclusively via the credit card statement. The customers shall be entitled to raise objections in written form in justified cases within seven days after receipt of the debit confirmation. In case they fail to do so, the statement is considered to be accepted.
4.4 A fee of CHF 50.00 will be charged for refunds and credits to the credit card statement of customers, insofar as airatel is not responsible for the reason of the refund.
4.5 The customer waives the offset of any claims against airatel against possible counterclaims.
5. Data protection and secrecy
5.1 airatel processes personal data with the utmost care and observes the provisions of the Data Protection Act. Personal data is used exclusively to manage and perform the services offered in compliance with the contract and the prevailing laws, foster customer relations, ensure high service quality, settle payments as well as to develop, design and submit service offers.
5.2 All personal data is transmitted to airatel within the scope of the order process in encrypted form and stored on a server in a secured data centre of airatel Inc. in Switzerland and in Germany.
5.3 The customers agree that airatel may collect information on them as well as exchange data with and disclose data to public authorities and companies entrusted with credit rating or debt collection for the purpose of concluding or managing the contract. In case certain services of airatel are rendered in cooperation with third parties, airatel shall be entitled to disclose personal data to third parties (credit card organisations, payment institutes, etc.), insofar as this is required for the fulfilment of the contract or the settlement of the payment.
5.4 airatel collects no personal data from or on juveniles or children under the age of 16 without at least the holders of parental authority giving their express consent to this. This consent may be revoked at any time.
5.5 The customers may obtain information on the processing of their data or revoke their consent to the use of their data at airatel’s Data Protection Officer: HYPERLINK "mailto:email@example.com" firstname.lastname@example.org.
5.6 The privacy statement available on the homepage of airatel shall be analogously applicable.
6. Intellectual property rights
6.1 All rights to the services offered to the customer remain with airatel or the entitled third parties.
6.2 During the term of the contract, the customer receives the non-transferable, personal and non-exclusive right to use the services of airatel.
7. Liability of airatel
7.1 airatel assumes liability for damage arising from the contractual relationship proved by the customer and caused by them or a third party involved by them, unless they can demonstrate that neither they nor third parties involved by them can be blamed for the damage. airatel assumes liability only to the extent of the damage occurred.
7.2 In case of slight negligence, the liability for personal injury shall not be limited. In case of damage to property, the liability shall be limited to maximum CHF 100,000 per claim. In case of pure financial loss, the liability for slight negligence shall be limited to the extent of the loss occurred. The liability amounts to maximum CHF 50,000 per contract. Liability shall be excluded for loss of profit, consequential damage or data loss. airatel assumes no liability for damage resulting from the use of their services contrary to the contract or in an unlawful way.
7.3 airatel assumes no liability for the partial or total failure of the services due to force majeure, such as natural phenomena, acts of war, terrorism, strikes, official restrictions, power failure, etc.
8. Commencement, term and termination of the contract
8.1 The contract with the customer commences after signing up to the website HYPERLINK "http://www.sipcall.ch/" www.airatel.com upon receipt of airatel’s written confirmation by e-mail.
8.2 The minimum contract term is one month. The customers may select a 14-day test phase.
8.3 Each of the contract parties may terminate the contract in compliance with a termination period of one month, unless a minimum contract term has been stipulated.
8.4. Upon termination of the contract by the customer, possibly available credits will not be refunded.
8.5 airatel reserves the rights to immediately stop the services in case of unlawful or unethical conduct of the customer.
8.6. Unused airatel accounts will be deleted after 120 days. The decisive factor for the calculation of this period is the month in which the services were last used and paid for.
9. Change of the General Terms and Conditions and the remaining contractual provisions
9.1 airatel reserves the right to modify the General Terms and Conditions of Business at hand, their services, the service description and the prices as well as the remaining contractual provisions at any time. The customers will be informed of the modifications in an appropriate form.
9.2 In case considerable disadvantage occurs to the customer as a result of the modifications according to clause 9.1, the customer shall be entitled to terminate the contract before the modified provisions take effect. The right of termination expires as soon as the modifications have taken effect or the customer has made use of airatel’s services.
10. Concluding terms, place of jurisdiction and applicable law
10.1 These General Terms and Conditions of Business regulate the contractual rights and duties between airatel and the customer.
10.2 In the event of a provision of the contract concluded with the customer becoming void or legally ineffective, the validity of the remaining provisions shall not be affected. In this case, the void or legally ineffective provision shall be replaced by a legally effective one that is as close as possible to the economic effects of the ineffective provision.
10.3 The contract is subject to Swiss law to the exclusion of the Vienna Convention (United Nations Convention on Contracts for the International Sale of Goods of 11/04/1980). The place of jurisdiction shall be Zurich. Compulsory places of jurisdiction shall be reserved.
Version 1.0 of December 1st, 2015