Terms of Service

Terms of service - sipgate basic call packages

Subject matter of the Terms of service "sipgate basic call packages" is the service offering of sipgate GmbH described below.

The following specification is part of the terms and conditions of sipgate GmbH in conjunction with the Terms & Conditions and with the Telecommunications Acts. This specification sets the service conditions for all available types of sipgate basic call packages. The applicable scope is determined by the type of call package booked by the customer.

1. Contract
1.1. sipgate base contract
1.2. Automatic crediting
1.3. Contract term & termination
1.4. Itemised calls
1.5. Customer and user obligations
1.6. Contract changes (Up-/Downgrade)
2. Service scope of sipgate basic call packages
2.1. Call packages with limited minute allowance
2.2. Landline call packages for single countries
2.3. Landline & mobile call packages for single countries
2.4. Landline call packages for multiple countries
2.5. Landline & mobile call packages for multiple countries
2.6. Mixed-network call packages for multiple countries
2.7. Destinations not included
3. Limitations to sipgate basic call packages
4. Extraordinary termination

 

1. Contract

Contractors are sipgate GmbH (hereinafter "sipgate"), Gladbacher Str. 74, 40219 Düsseldorf (Düsseldorf District Court, HRB 39841) and the sipgate customer. The contract is concluded in accordance with the provisions of the sipgate Terms and Conditions.

If the customer has to pay a fee for a call package, the price is specified either in these specifications or in the current version of the price list. The current version of the price list for each service is linked at the end of this document.

1.1. sipgate base contract

sipgate basic call packages are only available with a sipgate basic account. A call package is valid only for the sipgate basic account it was booked for.

1.2. Automatic crediting

A condition for using sipgate basic call packages is the customer’s agreement to allow automatic crediting of the underlying sipgate basic account.

1.3. Contract term & termination

The term of the underlying agreement for VoIP services is one calendar month. After first booking the contract, the initial contract period extends only to the end of the current month. After expiry of a calendar month, the contract is extended - if it is not canceled - by one month.

The sipgate basic call package can only be booked once within the contract period. I.e. If you use up all of your minutes before the month is up, all further landline calls will be charged at the regular sipgate call tariff until the call package is renewed again.

Termination of the underlying sipgate basic account also terminates any active call packages.

If the termination of an active call package is initiated from sipgate’s side, the customer may also cancel the underlying sipgate basic account.

The contract may be terminated by either party at any time up to one full working day prior to the end of the current calendar month (i.e.: between the notice of termination and the date on which the notice is to be effective, must be a full working day). Contract termination has to be performed through the customer’s sipgate basic account directly or by written notice (e.g. letter, fax or e-mail). sipgate is entitled to request proof of identity/legitimacy of the terminating party.

1.4. Itemised calls

Any calls covered by call packages with lump sum payment will not be listed on itemised call lists or itemised bills.

1.5. Customer and user obligations

Where the customer is not the only user of the services provided through their sipgate basic account, the customer will instruct all account users of all customer obligations mentioned in this specification.

1.6. Contract changes (Up-/Downgrade)

The customer may book a new call package within the contract period of an active call package. If the new call package includes the active call package’s destinations and services (Upgrade) or includes different destinations or services that are not covered by the active call package, the new call package becomes active immediately.
Call package upgrades are billed “pro rata” for the partial amount of days left in the current calendar month. With call package upgrades a refund for already paid call packages will be paid out “pro rata” as call credit to the customer account.
If the new call package includes only some, but not all destinations and services of the active call package (Downgrade), the new call package becomes active after the end of the current billing period.

2. Service scope of sipgate basic call packages

This section explains the service conditions for all available types of sipgate basic call packages. The applicable scope is determined by the type of call package booked by the customer.

2.1. Call packages with limited minute allowance

Call packages with a limited minute allowance allow the customer to place a specific amount of voice call minutes from their VoIP account to specific destinations for a lump sum payment. A list of sipgate’s available call packages can be found as a hyperlink at the end of this document.

2.2. Landline call packages for single countries

Landline call packages for single countries allow the customer to place voice calls from their VoIP account to landline destinations of the specified country at no additional cost. A list of sipgate’s available landline call packages can be found linked at the end of this document.

2.3. Landline & mobile call packages for single countries

Landline & mobile call packages for single countries allow the customer to place voice calls from their VoIP account to landline and mobile phone destinations of the specified country at no additional cost. A list of sipgate’s available landline & mobile call packages can be found linked at the end of this document.

2.4. Landline call packages for multiple countries

Landline call packages for multiple countries allow the customer to place voice calls from their VoIP account to landline destinations of the specified countries at no additional cost. A list of sipgate’s available landline call packages can be found linked at the end of this document.

2.5. Landline & mobile call packages for multiple countries

Landline & mobile call packages for multiple countries allow the customer to place voice calls from their VoIP account to landline & mobile phone destinations of the specified countries at no additional cost. A list of sipgate’s available landline & mobile call packages can be found linked at the end of this document.

2.6. Mixed-network call packages for multiple countries

Mixed-network call packages for multiple countries allow the customer to place voice calls from their VoIP account to specified networks within the specified countries at no additional cost. A list of sipgate’s available mixed-network call packages can be found linked at the end of this document.

2.7. Destinations not included

Destinations not included are freephone numbers, premium rate numbers, as well as mobile and landline numbers from the Isle of Man and the Channel Islands.

As well, any destinations not specifically mentioned under 2.1 to 2.6 are not included in the respective call package. Calls to these destinations will be billed at the rates specified in sipgate’s regular tariffs. A link to sipgate’s current list of tariffs can be found at the end of this document.

sipgate reserves the right to prohibit calls to destinations for which termination services can’t be obtained at acceptable economic terms.

Any calls to these destinations will be billed at the rates specified in sipgate’s regular tariffs.

3. Limitations to sipgate basic call packages

The following limitations apply to all sipgate basic call packages.

3.1. The sipgate basic call packages include voice calls between two human parties only. Connections set up to facilitate communication from or to automated systems are excluded.

3.2. The customer undertakes only to use the sipgate basic call packages as an end-customer, for a normal usage volume, and, in particular, not to use it to establish connections which are maintained without any interruption or virtually without any interruption.

3.3. A precondition for billing within the sipgate basic call packages is that the customer may not be a provider of telecommunications services, value-added services or individual mass communication services. In particular, the customer may not be a provider of fax broadcast services or call centre or telephone marketing services, or use any sipgate basic call package for these forms of mass communication.

3.4. The sipgate basic call packages do not cover connections established in order to provide telecommunications services for third parties or which pass on to third parties against money or monies worth.

3.5. Connections established by means of the “Callback”, “Conference”, “Call transfer” or “Call forwarding” functions are excluded.

As well, the sipgate basic call packages do not cover connections which are made in order for the customer or a third party to realise financial benefits on the basis of the duration of the connection; this includes calls to advertising hotlines.

3.6. Limitation of the number of simultaneous connections
Use of the sipgate basic call packages is restricted to a single sipgate line. Multiple connections exceeding this single line restriction will not be provided as part of the sipgate basic call packages. Simultaneous calls to destinations which are not offered free-of-charge as part of the sipgate basic call packages are not restricted and will be billed at the rates specified in sipgate’s regular tariffs. A link to sipgate’s current list of tariffs can be found at the end of this document.

3.7. Exclusion of premium-rate numbers and services, separate billing
The customer may not establish any connections to premium-rate numbers or geographic (fixed network) numbers offering premium-rate services (in particular, automated announcements and services; chat or conference services; services offering payment to the sipgate customer or to third parties for the call made, in particular advertising hotlines or top-up services; data, online and internet connections; call forwarding or transfers or similar services). Such connections constitute usage in breach of the customer’s sipgate basic call package contract. sipgate reserves the right to claim compensation and to block any account establishing such connections.

Connections as outlined above, which are established in breach of contract will be billed at the rates specified in sipgate’s regular standard tariff. Connections which the customer establishes in order to make these available to third parties – either in return for payment or free-of-charge – or which it passes on to third parties and connections which are established by means of the call transfer/callback or conference functions will likewise be billed at sipgate’s regular tariffs rather than the rates for sipgate basic call packages.

4. Extraordinary termination

sipgate reserves the right towards extraordinary termination of the sipgate basic call package contract or the underlying sipgate basic contract in case it finds the customer in breach of contract (usage against part 3 of this specification).

In case a customer’s usage is in breach of contract (usage against part 3 of this specification), sipgate reserves the right to retroactively charge the customer for provided services at sipgate’s regular tariffs.

sipgate reserves the right to claim compensation for damages caused by the customer’s usage in breach of contract.

 

 

November 2015
sipgate GmbH

 

 

Tariffs: https://www.sipgatebasic.co.uk/products#!rates
Call Packages: https://www.sipgatebasic.co.uk/products
Feature Store: https://www.sipgatebasic.co.uk/feature-store