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Sentiro Limited makes available information, materials, and products on this Web site, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. Sentiro Limited reserves the right to change these terms and conditions from time to time at its sole discretion. Copyright; Limited License The information on this Web site is protected by copyright: Copyright © 2005 Sentiro Limited . All rights reserved. Except as specifically permitted herein, no portion of the information on this Web site may be reproduced in any form or by any means without the prior written permission from Sentiro Limited
Terms of Service . These Terms of Service constitute the agreement ("Agreement") between Sentiro Ltd, trading as sip2go. ("We," "us" “sip2go”") and the user ("you," "user" or "Customer") of Sip2go's enhanced communications services or and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analogue Telephone Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. If you have purchased Equipment from any Sip2go retail dealer, you will be deemed a "Retail Customer" and will be governed by certain Retail Customer terms and conditions as set forth herein. Therefore, in consideration of the foregoing and the promises in this Agreement, the parties agree as follows: 1 Service Term.Service is offered on a monthly basis for a term, which begins on the date, that Sip2go activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Sip2go written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of the monthly term, you will be responsible for the full months charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. If you have subscribed to the service and have received a Device free under the limited promotional offer, you will be required to maintain subscription to the service for a period of six (6) months. Should you wish to terminate before the period expires you will be charged the full cost £55 for the Device, and the amount taken from your Credit Card. 2 Single User of Service and Device.If you have subscribed to Sip2go's Single user services, the Service and Device are provided to you as a Single user, for your personal, residential, business and professional use. This means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Sip2go in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay Sip2go's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. Sip2go reserves the right to immediately terminate or modify the Service, if Sip2go determines, in its sole discretion, that Customer's Service is being used for fraudulent use. 3 Lawful Use of Service and Device. Prohibited UsesYou agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Sip2go's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Sip2go reserves the right to terminate your service immediately and without advance notice if Sip2go, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at Sip2go's discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agrees to indemnify and hold harmless Sip2go against any and all liability for any such use. If Sip2go, in its sole discretion believes that you have violated the above restrictions, Sip2go may forward the objectionable material, as well as your communications with Sip2go and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding. 4 Loss of Service.You acknowledge and understand that the Service does not function in the event of power failure or Internet Service Outage or Termination or Suspension or Termination by Sip2go. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by Sip2go) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Sip2go terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialling to emergency services. Should Sip2go suspend or terminate your Service, the Service will not function until such time as Sip2go restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement). 5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software.The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Sip2go's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Sip2go are and shall remain the exclusive property of Sip2go and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that Sip2go will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by Sip2go, which Sip2go reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Sip2go against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. 6 Tampering with the Device or Service.You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Sip2go in each instance, which Sip2go may deny in its sole discretion. Sip2go reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for full charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. 7 Theft of ServiceYou agree to notify Sip2go immediately, in writing or by calling the Sip2go customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number, the devices MAC code, and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Sip2go receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service. 8 Return of DeviceThe Device may be returned to Sip2go within fourteen (14) days of the termination of Service to receive a credit for the disconnect fee (refer to section 4.6 of this document regarding termination fees), provided: (i) you have retained, and return along with the Device, proof of purchase and original packaging; (ii) contents are undamaged and in original condition, reasonable wear and tear excluded; (iii) all parts, accessories, documentation and packaging materials are returned; and (iv) equipment is returned with a valid return authorization number obtained from Sip2go's customer care department. You are responsible for the cost and risk of return shipping of equipment. If you receive cartons and/or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact Sip2go's customer care department immediately. To obtain a return authorization number, you must contact billing@Sip2go.com 9 Number Transfer on Service TerminationUpon termination of the Service, Sip2go may, at its sole discretion, release a telephone number that was ported in from a previous service provider to Sip2go by you and used in connection with your Service provisioned by Sip2go to your new service provider, if such new service provider is able to accept such number, and provided that (i) your account has been terminated; (ii) your Sip2go account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account. 10 Service DistinctionsYou acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by Sip2go. The Service is subject to different regulatory treatment than telephone services. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. 11 Ownership and Risk of LossYou shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section 1.8 and has been received by Sip2go. 12 May Not Support certain numbers in some countriesPlease check with Sip2go customer services for updated list. 13 Emergency ServicesThis does not include the ability to make emergency calls 14 Service Outage Power Failure or DisruptionYou acknowledge and understand that Emergency services' dialling does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and Emergency services dialling will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service or Emergency services dialling. 15 Broadband Service / ISP Outage or Termination / Suspension or Termination by Sip2goYou acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by Sip2go will prevent ALL Service including Emergency services dialling. 16 Service Outage Due to Suspension of Your AccountYou acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including Emergency services dialling. 17 Other Service OutagesYou acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including Emergency services dialling. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. 18 Limitation of Liability and IndemnificationYou acknowledge and understand that Sip2go's liability is limited for any Service outage and/or inability to dial Emergency services from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Sip2go, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including Emergency services dialling and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial Emergency services or to access emergency service personnel. Sip2go 19 Alternative Emergency services dialling ArrangementsYou acknowledge that Sip2go does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional Emergency services. 20 Changes to this AgreementSip2go may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "Service Announcements" section of Sip2go's website (currently located at http://www.Sip2goSip2go.com Such changes will become binding on Customer, on the date posted to the Sip2go website and no further notice by Sip2go is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device. 21 Charges / Payments / Default / Taxes / Termination. BillingYou must give us a valid credit card number (Visa, MasterCard, , American Express or any other issuer accepted by Sip2go) when the Service is activated. Sip2go reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, and you must advise Sip2go at once. We will bill all charges, applicable taxes and surcharges monthly in advance to your credit card, including but not limited to: activation fees, monthly Service fees, monthly deposit, international usage charges, advanced feature charges, equipment purchases, disconnect fees and shipping and handling charges. Sip2go reserves the right to take additional amounts, equal to your selected monthly Plan payment, from your Credit Card at any time within the month, as a prepaid top-up . At the end of the month any unused amounts will be carried over into the next month. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on Sip2go's website. Each monthly Plan subscription has a number of free minutes included. At the end of each month these free inclusive minutes expire and are not carried over into the following month. 22 Billing DisputesYou must notify Sip2go in writing within 7 days after receiving your credit card statement if you dispute any Sip2go charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: . Customer Care Billing Department Sip2go 6 Cole Park View St Margarets Twickenham Middlesex, UK TW1 1JW or billing@Sip2go.com 23 PaymentSip2go accepts payments only by credit card as set forth in Section 4.1. Your initial use of the Service authorizes Sip2go to charge the credit card account number on file with Sip2go, including any changed information given Sip2go if the card expires or is replaced, or if you substitute a different card, for Sip2go charges as set forth in Section 4.1. This authorization will remain valid until 30 days after Sip2go receives your written notice terminating Sip2go's authority to charge your credit card, whereupon Sip2go will charge you the disconnect fee and any other outstanding charges and terminate the Service. Sip2go may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Sip2go is declined or reversed, your credit card expires and you have not provided Sip2go with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to Sip2go for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by Sip2go in collecting such amounts, such as (but not limited to) collection costs and legal fees. 24 Termination/Discontinuance of ServiceSip2go reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Sip2go discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Sip2go or of a third party provider to which Sip2go is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus the disconnect fee set forth in Section 4.6, all of which immediately become due and payable. 25 TaxesYou are responsible for, and shall pay, any applicable country, federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide Sip2go with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date Sip2go receives such certificate. 26 Disconnect FeeCustomer will be charged a disconnection fee of £49.99 per voice line upon termination of Service for any reason or for convenience by Customer. The disconnection fee becomes due and payable immediately upon termination and will billed directly to Customer's credit card. If Customer has multiple lines, Customer will be charged a disconnection fee of £49.99 per line for each line disconnected. . 27 Money Back Guarantee; Limitations and ConditionsSip2go offers a 14-day Money Back Guarantee (Under terms of this Money Back Guarantee, Sip2go refunds the activation fee, first month of service, and shipping charges and waives the disconnect fee, provided the terms described below are satisfied. Applicable taxes cannot be refunded. Sip2go reserves the right to terminate or revoke this Money Back Guarantee at any time, without prior notice. . In order to be entitled to this Money Back Guarantee, User (i) must cancel service within the number of days in the Warranty Period after the account activation; (ii) must return all Devices within 14 days after cancellation pursuant to Sections 1.8 and 4.6; and (iii) must not have exceeded 250 minutes of usage. User remains responsible for any charges for domestic usage in excess of the amount included within the Plan to which User subscribes. THIS MONEY BACK GUARANTEE DOES NOT APPLY TO ACCOUNTS EXCEEDING 250 MINUTES OF USAGE AND SUCH ACCOUNTS ARE NOT ELIGIBLE FOR REFUND OF ANY OF THE CHARGES DESCRIBED HEREIN. In addition to the requirements set forth in Section 1.8, all returned Devices must be in the original packaging with the MAC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from Sip2go customer care. User is responsible for the cost and risk of return shipping of equipment. THE MONEY BACK GUARANTEE WILL NOT BE HONORED IF USER FAILS TO MEET ALL SUCH REQUIREMENTS. To obtain a return authorization number, User must contact billing@Sip2go.com 28 Warranty And Liability Limitations / Indemnification Limitation of Liability.Sip2go shall not be liable for any delay or failure to provide the Service, including Emergency services dialling, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: • act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; equipment, network or facility shortage; equipment or facility relocation; service, equipment, network or facility failure caused by the loss of power to Customer outage of Customer's ISP or broadband service provider; act or omission of Customer or any person using the Service or Device provided to Customer; or any other cause that is beyond Sip2go's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation Emergency Services dialling) to be connected or completed, or degradation of voice quality. . Sip2go's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Sip2go's performance or non-performance hereunder or (iii) any Sip2go act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period. 29 Disclaimer of DamagesIN NO EVENT SHALL SIP2GO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL EMERGENCY SERVICES OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT SIP2GO WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. 30 IndemnificationCustomer agrees to defend, indemnify, and hold harmless Sip2go, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including Emergency services dialling, or the Device. This paragraph shall survive termination of this Agreement. 31 No Warranties on ServiceSIP2GO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, SIP2GO DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER SIP2GO NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SIP2GO'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SIP2GO'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY SIP2GO OR SIP2GO'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. 32 No Warranties, or Limited Warranties, for DevicesIf Customer received the Device new from Sip2go and the Device included a limited warranty at the time of receipt, Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If Customer's Device did not include a limited warranty from Sip2go at the time of receipt, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect, except that for Retail Customers only, Sip2go will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. Retail Customer's sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 1.8. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. This Retail Customer limited warranty shall also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favourable to Retail Customer than that contained herein.. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, SIP2GO MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. 33 No Third Party BeneficiariesNo provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. 34 ContentYou are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Sip2go reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Sip2go determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Sip2go's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. Sip2go's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold Sip2go against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you. 35 Governing Law / Resolution of Disputes Mandatory ArbitrationAny dispute or claim between Customer and Sip2go arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the Sip2goand shall be conducted in English. English law shall govern any dispute concerning interpretation or application of this Agreement for legal matters connected therewith and the parties submit to the exclusive jurisdiction of the English courts. Such disputes shall be finally settled by arbitration in accordance with the English Arbitration Act 1996. The arbitration proceedings shall take place in London, England. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL. 36 Governing LawThe laws of the United Kingdom shall govern the Agreement and the relationship between you and Sip2go. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 6.1, you and Sip2go agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of Sip2go to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 37 Entire AgreementThis Agreement and the rates for Services found on Sip2go's website constitute the entire agreement between you and Sip2go and govern your use of the Service, superseding any prior agreements between you and Sip2go and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Sip2go unless and until posted in accordance with Section 3 hereof. 38 SeverabilityIf any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. 39 PrivacySip2go utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Sip2go is not liable for any lack of privacy, which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you at www.sip2go.com for additional information.
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