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AGREEMENT - for VoIP Telephony Service Agreed between: Crmita referred to as "Operator". 1. Object of the agreement The object of this contract is the provision of VoIP telephony service by the Operator for internal use at the address of the User with the following specifications: * The service is offered for Call Center / Wholesale / Retail service * The service is provided for marketing purposes * Misuse of the service remains the responsibility of the customer 2. Duration of the agreement This agreement is valid for an indefinite period and is automatically renewed the moment the user replenishes his balance. This agreement enters into force before the realization of the tests and its signing. The start date will be the date of signing the report by both parties regarding the proper functioning of the service. The parties confirm the initiation of service through the service performance test report. 3. Right and obligations of the parties 3.1 Rights and obligations of the User: 3.1.1 The user accepts to use the VoIP telephony service provided by the Operator and is obliged to use it for their own needs, such as Call Center / Wholesale / Retail. 3.1.2 This user may request at any time during the period of validity of the agreement, changes of a technical nature in which both parties agree. In connection with these changes, the parties must sign an Addendum Agreement. 3.1.3 The user cannot terminate the agreement without making the relevant notifications by email, phone or office presence. 3.1.4 The user may contact the Operator with the telephone numbers of the customer service, the account that is made available at the moment of starting the cooperation, or other contact points defined as follows E-mail: sales@crmita.com Web: www.crmita.com Skype: sales@crmita.com 3.2 Rights and obligations of the operator 3.2.1 To maintain the equipment and tools provided by the VoIP telephony service, within the standards and technical rules. 3.2.2 The operator will enable VoIP telephony service for quality users according to international standards. 3.2.3 The operator has the right to perform inspections related to the use of the service. 3.2.4 The operator has the right to terminate the agreement at any time immediately in all cases where the user does not fulfill the requirements of Article 3.1.1 of this agreement. 3.2.5 The operator provides for the users,the possibility of using the VoIP phone, the operator opens the user a free account for the purpose of testing at full capacity up to the limit of 50 calls at a time. After the testing period, the number of contemporary calls will be made by agreement between the parties. 3.2.6 For maintenance purposes, the Operator has the right to terminate the VoIP telephony service unilaterally. In this case the Operator is obliged to notify the user at least 24 hours before the interruption which must be longer than 24 h (twentyfour hours). 3.2.7 The operator must provide users with free technical support for the official working hours which is: 09:00 - 18:00 GMT + 1, for the remaining period the technical problems pass to the next day. This excludes cases of system failures which directly affect the operation of the system. 3.2.8 The Operator guarantees the protection of privacy for any number that passes through our platform and any kind of sensitive information about the User. 3.2.9 The Operator is NOT entitled to enter the user's systems for technical assistance, unless the parties agree with each other at the will of both of them. 3.2.10 The Operator must provide systems assistance only in cases where these systems are provided by the Operator, in cases otherwise, User systems assistance is not provided in real time and is NOT obligated to do so. 3.2.11 The Operator MUST refund in balance the value spent on calls with FAS (Fake Answer) only in cases when this value reaches 75% over the number of calls sent to that specific destination. (Based on the European standard of telephone operators) 3.3 Common rights and obligations 3.3.1 If the parties do not agree regarding the early termination of this agreement, this agreement is valid in front of the Court of First Instance. 3.3.2 Service Tariffs are determined by agreement reached through the Operate Sales Department with the User. 3.3.3 Any communication between the parties must be made in writing, to the addresses specified in point 7 of this agreement. (which is written below) 4. Payment terms 4.1 The User pays to the Operator the fees agreed upon according to list A-Z which was previously sent to the User via email address. 4.2 Payment must be PREPAYED in the respective accounts of the Operator as shown in point 7.0 legal address and bank account / Paypal. (found below) 4.3 The User prepaid the value of the expense in the Operator's accounts at the moment when the balance reaches 10 Euro / USD. The user will be notified by the Operator by email, phone or Skype to make the next prepayment. 4.4 The Operator issues an invoice at the moment when the User's balance drops to the value of 10 Euro / USD, which must be paid at least the next day by the User. 4.5 Once the Operator and the User agree on bilateral service, then the value of the Credit Limit and Payment Terms are assigned by agreement. 5. SANCTIONS 5.1 In case the User credit goes to zero the Operator will NOT terminate any VoIP phone calls. 5.2 Resumption of VoIP telephony service for reasons described in 5.1 will be prepaid. 5.3 In cases when it is impossible to make the payment and the balance value is at 0 then the Operator will offer 10 Euro / USD as Credit Limit (Overdraft) for the continuation of work. 5.4 In cases when the payment is not made for a period of 1 (one) month, the Service will be permanently terminated (except for the cases when the User notifies about such termination). 5.5 After the expiration of 1 (one) month period, the User will be deleted from the VoIP system and all additional services (if any). 5.6 Arrogant behavior and lack of respect and ethics of communication by the User, will lead to the immediate suspension of the service by the Operator and the restoration of balance based on point 6.2 of this contract. 5.7 Any surcharge value coming from the suppliers to the Operator, the value will be delegated to the respective User (in case of non-observance or when the traffic is Fraud /SCAM) or when the caller ID is Spoof or Manipulated. Each surcharge will be transparent with the User giving any necessary information. 6. DISPUTE RESOLUTION: 6.1 The Parties undertake to resolve all disputes amicably. Otherwise they should go to the Court of First Instance together with the denunciation and the Police report on Economic / Cybercrime. 6.2 In cases when unilateral service block is applied by the Operator or by the User then the balance value will be returned to the User Cash, Bank or Paypal, depending on the method of payment by the User and also the payment will be returned to the account that payment was made and not to another account. 6.3 The Operator is NOT responsible for the operation of the Internet or problems caused by it. In case of disagreement on such issues, one side of the service will be closed. 6.4 The Operator is NOT responsible for the functioning or not of the User system from which the calls to our system come. 7. Legal address and bank account 7.1 Payment methods will be provided by the Operator via Email / Skype. 7.2 The minimum value for recharging is 50 Euro / USD. 7.3 The balance will be credited at the moment the payment reaches the accounts of the Operator, in no other case the payment is NOT entered in advance in the system. 8. Service add-ons and terms of use 8.1 Service add-ons other than VoIP include the following list: - Server Cloud - DID Numbers - Outbound Caller ID - VPN System - Vicidial – Autodial/Predictive Dial o PBX Systems - IVR/Robot - CRM 8.2 Values for additional services are made by agreement between the Operator and the User, which are reported to the email. 8.3 Payment for these services is in PREPAYMENT with a test period of 24 hours which is not refundable at the time of termination of the agreement unilaterally or its final closing. 8.4 In case of non-payment of these services within a period of 1 month will be processed as in point 5.5 of this payment. 8.5 The Operator has the duty to solve the technical problems of additional services which are under the jurisdiction of the Operator and never has the duty for the systems which are located or exist in the User. 8.6 Non-functioning systems for technical problems of the Operator, have a MAXIMUM solution of 24 hours (weekends not included). 8.7 The Operator is not responsible in cases when: * There is physical damage to the servers. * There are major situations of natural disasters such as fires, floods, earthquakes, etc.. * In cases where the problems are in third parties (fornitor). In such cases, the Operator may not provide a Dead Line for problem solving. Also the Operator is not responsible for data loss in the above mentioned cases. 9. Operator commitments 9.1 The Operator is maximally committed to ensure the smooth running of the work 24/7. 9.2 The Operator is committed to assist the User at all times, providing assistance with the problems that the User has during the work process. 9.3 The Operator is committed to provide solutions to problems in real time, affecting as little as possible the performance of the User 9.4 The Operator commits to be available to the User with every possible instrument for the way of work, its progress and fulfillment of every possible and logical request. 9.5 The Operator is maximally committed to treat the User with courtesy, in cases when the User has the same way of communication and treatment. 10. Operator Technical File: Sales Department: * Email (24/7): sales@crmita.com * Skype (09:00-18:00 GMT+1): sales@crmita.com Technical Departments: * Email (24/7): support@crmita.com * Skype (09:00-18:00): support@crmita.com Rates Notifications: * Email(24/7): sales@crmita.com Balance Notification Address: * Email(24/7): info@crmita.com * Skype(09:00-18:00): info@crmita.com Invoice Address to User: * Email(24/7): noreply@invoiceocean.com
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