Services Agreements

Agreement of the telephone services provided by LinkedIP.


The clauses listed below establish the general provisions and terms of service between which LinkedIP Limited and LinkedIP LLC and its brands and services: Ligatel, Mi PBX En Línea, TeContactámos, FonCentrix, Tenga Pa’Que Llame, from now on THE COMPANY, provide wholesale services and applications for Internet calls or VoIP, from now on THE SERVICES, and which will be acquired and enjoyed by THE CLIENT.

Generalities

THE COMPANY, which is legally established in Colombia and empowered by a convergent title and TIC registry for the integration, distribution and sale of services in the information and communication technologies and applications industry (IT / IS), will commercially offer the SERVICES that will be provided. through LinkedIP LLC and / or any of its telecommunications partners in the United States of America and who in turn are legally authorized to provide, interconnect, originate and terminate communications services. THE COMPANY may use its direct associates or, failing that, services contracted to third parties with the aim of providing THE CLIENT SERVICES uninterruptedly and with the best quality.

 

Definition of Service

Our service is not a public telecommunications service but it is access to a series of telecommunication applications with high availability and quality. There are important differences between a telecommunications service and our service. Our service is defined as the use or enjoyment of a community of communication applications and is subject to regulatory treatment different from that of telecommunications. This treatment may limit or otherwise affect your rights of redress before regulatory entities. Our service requires a high-speed broadband Internet access connection that we do not offer. Some events beyond our control can affect our service, such as power outages, fluctuations in the Internet, your ISP or broadband service, maintenance or incidental cases. We will act in good faith to minimize interruptions in the use and access to our service.

The use of this service to terminate traffic and / or make calls to the destinations of your plan and / or any other destination constitutes an express acceptance of the Terms of Service and our Acceptable Use Policy.

Unlimited plans for residential, household or personal use

THE COMPANY may offer calling services in unlimited plans. Our definition of unlimited in THE SERVICE will be equivalent to the 95th percentile of the average consumption of all customers, in the same plan, for the immediately preceding billing period.

The unlimited plans (where and when they apply) of THE COMPANY are solely for residential or personal use, or corporate and not for resale, distribution or tele-dialing. In the case of plans for home use, only the account holder may use the home service plans (residential or personal). The relatives of your residence are those direct relatives who reside in your home; for example, spouse, concubine, parents and / or children.

Some EL SERVICE plans allow the use of additional devices (personal computers, mobile phones, smartphones, or other equipment) outside of the residence as part of that service plan. If you subscribe to the service plan that allows the use of more than one device with the same voice line, your use will be added and calculated according to our Acceptable Use Policy that you can read on our website.

In unlimited plans, unless expressly authorized, several simultaneous calls about the same service are not accepted.

Abnormal use

If your use of the SERVICE, the function or the assigned device (including, but not limited to, your personal computers, mobile phones, IP telephones, connections via IP PBX) is consistent with the normal use of your service, function or plan, you shall, at the sole discretion of THE COMPANY, (a) pay the service, function or plan fees that would apply to the manner in which you used the service, function or device, (b) change to a more appropriate plan or (c) cancel the plan. Unlimited voice services are provided primarily for continuous and live dialogue between two individuals. Lack of ongoing dialogue activity, unusual calling patterns, excessive call forwarding or conferencing, excessive numbers and / or excessive constant usage will be considered indicators that the use does not match the normal use of other clients The COMPANY may cause a review of the account and cause THE COMPANY to take action in this regard.

 

Destinos Colombia para planes LIGATEL, FONCENTRIX, MI PBX EN LINEA ó para usuarios de Call Center y/o Mayoristas

La definición de destinos Colombia Fijos en FONCENTRIX y MI PBX EN LINEA, los planes Call Center, ColombiaTotal y los planes de Mayoristas, hace referencia a las principales ciudades de Colombia. Estas ciudades son: Barranquilla, Bogota, Bucaramanga, Buenaventura, Buga, Cali, Cartagena, Ibagué, Medellin, Monteria, Neiva, Palmira, Pasto, Popayan, Santa Marta, Sincelejo, Valledupar y Tunja. Cuando se hace referencia a los destinos Colombia Fijos no se están incluyendo las areas rurales de las ciuades o locales extendidas, los pueblos y/o territorios no contientales de Colombia como San Andres o Isla Gorgona.

 

Tarifas a destinos distintos a los incluidos en un plan

Las tarifas negociadas, ofrecidas y aplicadas se muestran en términos de minutos completos; las llamadas serán facturadas acorde con dichas tarifas en incrementos de un (1) minuto de duración. Las tarifas son ofrecidas en moneda COP (Colombian Peso) para comodidad de EL CLIENTE. Sin embargo, EL CLIENTE acepta y entiende que las tarifas estan dolarizadas producto de la compra y venta de trafico ante los interconectantes y carriers internacionales y el valor final en Pesos Colombianos dependerá de la Tasa Representativa del Mercado (T.R.M.) del Dolar correspondiente. EL CLIENTE acepta y reconoce que la tasa representativa de conversión del dolar cambia diariamente y que esto impacta la conversión a su moneda local.

THE COMPANY reserves the right to increase, decrease or change the rates and dialing codes at any time and without prior notice; whatever the increase, decrease or change will be effective immediately unless notified. All effective rates can be viewed on the web portal.

The prepaid rates offered may be modified without prior notice in those cases in which, by fortuitous event or force majeure, THE COMPANY must use contingent, backup or third-party infrastructure to offer the SERVICE on an ongoing basis.

The rates will also be updated when THE COMPANY notices that the interconnection costs and costs of its infrastructure have changed substantially or because of the dynamics of the telecommunications market in certain regions. The above also means THE COMPANY reserves the right to add or remove the destinations included in a specific plan and without prior notice.

Charges for connection and disconnection and calls to mobile

In the provision of THE SERVICE some suppliers of THE COMPANY may charge if they consider it necessary connection or disconnection charges for completing some international calls especially in destinations where more than one interconnection is required. THE CUSTOMER accepts that THE COMPANY will transfer these charges directly when they are eventually caused by the interconnectors where the call is made.

Through the SERVICE provided by THE COMPANY, calls may be made to cellular or satellite mobile devices around the globe. THE CUSTOMER understands and accepts that successful termination of cellular calls is also subject to external factors associated with the place where the call is sent. Specifically THE CUSTOMER accepts that it is possible that calls to mobile phones may or may not be completed due to the coverage of mobile telephony operators, signal quality, local cells, moving devices, international roaming, and other external factors that do not they are controlled by THE COMPANY.

The CUSTOMER also understands and accepts that a call to a mobile destination that is answered by a voicemail, regardless of whether it is from the customer or the mobile operator, is accepted as a completed call.

In some countries due to the process of number portability (LNP)

It is possible for certain operators to upload values for the connection to these numbers during the carrying process. THE CUSTOMER understands and agrees that he must pay these connection charges when this occurs.

 

Adapter Devices

THE SERVICE may require the use of one or more Internet Adapter Devices (IAD) such as an Analog Telephone Adapter (ATA) together with its voltage regulator and / or one or more IP Phones with its respective voltage regulator. These devices may be offered at locations where THE COMPANY has a local presence, and at an agreed cost under the modality of lease or loan.

The CLIENT commits, and thus expressly recognizes, to provide stable environmental conditions, regulated energy and perimeter security for the proper operation of the devices. In all cases THE CUSTOMER is responsible for the possession of the equipment and will respond to THE COMPANY for the same. Failures in the equipment and its power adapter due to voltage fluctuations, lack of a good electrical supply or grounding, and for reasons of force majeure, empower THE COMPANY to invoice the full costs (including freight, taxes and fees) of the device and THE CLIENT expressly accepts it. In all cases, THE COMPANY to ensure the continued provision of THE SERVICE may replace the ATA device or IP telephone with a new, remanufactured or used device if required. In cases in which the voltage adapter is affected and THE CLIENT has received devices as a loan or loan, you must pay the sum of US $ 13 for the replacement of the adapter; This sum will be credited to your invoice.

THE CUSTOMER accepts that it is his responsibility to safeguard unauthorized access by third parties to his adapting devices, for which he will have the necessary strategies such as routers, firewalls, access policies, etc. THE COMPANY does not recommend that IAD devices acquire public Internet IP addresses. In cases where a device is eventually accessed by a third party not authorized to make fraudulent calls, the CLIENT will be solely responsible for the cost of the calls generated due to the lack of an appropriate security.

 

Capacity, quality and interconnection requirements

If the SERVICE contracted by the customer is delivered on adapter devices (ATA) or IP telephones, a broadband Internet service will be required to make the calls. If the SERVICE is used on a smartphone, it will require a Wi-Fi, 3G or higher data connection; These services are not offered by THE COMPANY.

THE SERVICE will allow the realization of voice calls making use of audio compression schemes licensed to THE COMPANY for which mediation is allowed with G.711, GSM and G.729 codecs each with a symmetric Internet access requirement of 128. Kbps, 64 Kbps and 32 Kbps respectively. THE CLIENT will be solely responsible for the acquisition, authorization and licensing (in cases where applicable) of the VoIP devices required to compress the voice packets and thus use a smaller amount of bandwidth per simultaneous call if the device was not provided by THE COMPANY.

Incompatibilities and limitations with other services and / or Internet providers

THE CUSTOMER acknowledges that some of our devices may not be compatible with all communications equipment, especially with some modems / routers of the Cisco brand, RCA Thompson and with some services such as WiMax, cable Internet or ADSL. THE CLIENT waives any type of claim against THE COMPANY for interference or interruption of THE SERVICE. We do not guarantee that our services are compatible with all broadband services and we deny any express or implicit guarantee related to the compatibility of our service with any particular broadband service. In all cases, THE COMPANY will act in good faith and will do its best to help find a solution by offering guides to THE CLIENT so that he can transmit them to his Internet operator.

 

Faxes

THE SERVICE is compatible for sending faxes. However, the sending of faxes will be done without guarantee and on the modality of the best effort. THE CLIENT must ensure that it has the appropriate Internet capacity (128 Kbps symmetric, latency less than 60 milliseconds and compatibility with T.38 protocol) and the appropriate equipment or devices that allow the transmission of faxes.

Security

THE COMPANY will provide THE CLIENT with a master access and accounts for its services. THE COMPANY will provide by email the official credentials and authentication systems for the use of THE SERVICE. THE CLIENT understands that he is solely responsible for the custody of said information and accepts his responsibility for the misuse, abuse or theft of said credentials and assumes the consequences for any fraud that occurs in his service if his security is compromised.

Prefixes and dialing

THE SERVICE will be accessible by dialing prefixes; each prefix corresponds to a local, national or international destination in particular. THE CLIENT expressly accepts that voluntary or involuntary erroneous marking may lead to billing and cost charges according to the prefix marked if it corresponds to a particular destination.

Suspension of Services

THE COMPANY reserves the right to immediately suspend all or any part of THE SERVICE, if: (i) THE CUSTOMER engages in activities that, in the sole discretion of THE COMPANY, may cause damage or jeopardize the technological infrastructure and THE COMPANY network; (ii) if THE COMPANY detects the fraudulent use of THE SERVICE; (iii) if THE CLIENT uses the SERVICE for the development of illicit or extortive activities; (iv) by provision of a competent authority; (v) if the account has been inactive for more than three (3) months.

Límite de Credito

En los casos en que se ofrezcan servicios pospagados, dado que el cliente puede realizar llamadas a otros destinos no incluidos en el plan, EL CLIENTE acepta expresamente que se compromete a pagar en forma vencida el valor de los cargos acumulados causados por las llamadas no incluidas en su plan. Para tal efecto se asignará un limite de crédito por defecto será de COP$60,000. SI EL CLIENTE no desea que se le facturen los costos de llamadas que no están incluidas en el plan podrá notificar formalmente, por email o por escrito a nuestras oficinas, su deseo de eliminar el limite de crédito actual. También, si así lo desea, EL CLIENTE podrá solicitar ampliación de su limite de crédito. LA COMPAÑÍA se reserva el derecho de aprobar o rechazar, aumentar o disminuir, el límite de crédito de EL CLIENTE. El limite de crédito será actualizado el día de corte de facturación que se corre cada mes.

 

Solicitud de supensiones temporales

EL CLIENTE podrá solicitar la suspensión temporal de EL SERVICIO por hasta dos (2) periodos de facturación consecutivos. La reconexión después de una suspensión será facturada a un valor de COP$30,000

 

Retiro y cancelación del servicio

EL CLIENTE a su propia voluntad podrá retirar y cancelar su servicio siempre y cuando: (i) EL CLIENTE se encuentre al día de cualquier monto y saldo adeudado, (ii) haya devuelto el dispositivo si lo tenia en calidad de préstamo o comodato, (iii) haya manifestado en forma escrita y con máximo dos (2) días de anticipación al corte de la facturación su solicitud.

 

Taxes, fees and charges

THE CUSTOMER accepts that he must pay, where applicable and when applicable, the charges, fees, liens and in general all the expenses of taxes that are caused by the use of THE SERVICE.

Dispute of Charges

If THE CUSTOMER, in good faith, disputes the amount of any charge, he must notify THE COMPANY in writing within fifteen (15) days from the date of the call and provide the documentation he considers reasonable to resolve the dispute. If the dispute is for the time in minutes of a call, THE CLIENT must provide THE COMPANY with the Call Detail Record (CDR) with the record, in physical form, that supports the error in the duration of the call. If the dispute is for fees, THE CUSTOMER must provide documentation identifying the period, appropriate rate, total minutes and total charges in dispute for each destination and call involved in a dispute. In all cases and without exception, THE CUSTOMER must include in its documentation the information of date, time, origin number, destination number and disposition of each call.

The lack of a dispute requirement within fifteen (15) days following the call in question will be assumed as a presumption that the charges are correct and THE CLIENT tacitly accepts it.

If THE CUSTOMER made payments by credit or debit card expressly accepts that the disputes will be handled directly with THE COMPANY and not with the bank or financial institution of THE CLIENT.

 

Billing

We will charge in advance to your payment method the monthly service plan fee, taxes, fees and charges, related surcharges, overdue debts for calls and usage not covered by your plan and immediately, at the time of disconnection, all amounts not billed and all charges for disconnection, refunds and other charges for return that are owed. Billing will run on the first (1) day of each month and an accounting document will be generated that will include the next month of service in advance and charges for calls outside of your plan for the immediately preceding period.

If you subscribe to a prepaid annual plan, we will bill you in advance for the service plan fee for an entire year; plus taxes, fees and charges, fees and associated surcharges; and arrears on a monthly basis, subject to the possibility of initiating mid-cycle billing for additional amounts owed that exceed US $ 75.00; the use and calls not covered by the plan and immediately, at the time of disconnection, all amounts not billed and all charges for disconnection, refund and other fees that are owed.

When you make a payment by check, you authorize us to use the information on your check to make a unique electronic transfer of your account the same day you make your payment, or process your check as a check transaction in which case you will not receive your return check from your financial institution. Late payments will be subject to late payment and interest charges, and payments with returned electronic checks will be subject to charges for returned checks, as detailed in our rates and charges section. THE COMPANY does not commit to return or deliver the returned checks and any shipping costs will be assumed by THE CLIENT.

For billing purposes, when you subscribe to our service, you must provide us with a full name, an identification document, a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or payments. You must notify us immediately if your payment method expires, closes your account, changes your billing address or your email address or if your payment method is canceled and replaced by loss or theft.

 

Customer service

We offer several types and levels of customer service, based on various factors, including the service you are using and the problems you are having. For more information about our customer service, check the “Support” section on our website. We are not obliged to provide support services for products or services of third parties or for problems with our service caused by products or services of third parties. Unless you have agreed to a separate service agreement with us, we may change the customer service options at any time. We are not required to perform onsite support or make periodic maintenance visits. We are committed to making the best of our efforts to serve you remotely. If remote management does not solve the problem, THE CLIENT may send the device used for review to our offices. THE CUSTOMER may request an on-site visit, available in those cities where there is local presence, and such visit will be billed and included in your account.

Limitation of Liability

At no time THE COMPANY will be responsible or subject to demand compensation for special damages, loss of income, loss of profits, loss of information, loss of business opportunities and / or any other consequential or punitive situation. The parties agree that the limitations on liability set forth in this clause have been previously negotiated and accepted as reasonable in all circumstances.

Overwhelming force

Neither party will be responsible or claim compensation (except for any payment that is past due or in default) for obligations that are not fulfilled under this service agreement when the causes are related by fortuitous events or force majeure such as fire , floods, earthquakes, acts of God, imminence of a war or wars, power failures, explosions, civil disturbances, governmental actions, faults in transportation, absence of raw materials or spare parts, acts or omissions of the parties and , in general, any cause that goes beyond reasonable control.

Termination

THE COMPANY reserves the right to suspend THE SERVICE or any portion thereof to the extent that the terms of use suggested by this Services Agreement are violated. This Service Agreement will also be terminated due to the technical impossibility on the part of THE COMPANY to offer THE SERVICE.

Guarantee

Unless specified in writing and in writing, THE COMPANY does not offer any guarantee to THE CLIENT or any person or entity whether expressly or implicitly by any of the components of THE SERVICE and this Services Agreement.

Fraudulent Calls

THE CUSTOMER will not dispute, and thus expressly accepts, the charges produced by fraudulent calls and, in particular, those that generate high volume of traffic and because of a vulnerability of the security of their systems or because of the compromise of the credentials required for the use of THE SERVICE. THE CLIENT will be solely responsible for all charges associated with the fraudulent use of THE SERVICE, regardless of whether THE CLIENT was aware of the fraud or not. In any case, THE CLIENT shall have the responsibility to take immediate action to block and prevent the fraudulent use of THE SERVICE.

THE COMPANY offers at no cost the CALL BARRING service through which the customer can authorize the destinations to which he has to dial to avoid the fraudulent use of calls.

 

Availability and failures

THE COMPANY is committed to offer THE SERVICE with an availability greater than 99% and will continually make the best efforts so that THE SERVICE is not interrupted. THE CUSTOMER acknowledges that failures may eventually occur and that THE COMPANY will try to solve them as quickly as possible. Failures that cause total absence of THE SERVICE will be addressed within a maximum period of up to two (2) hours. Failures that cause intermittency in THE SERVICE will be dealt with within a maximum period of up to six (6) hours. Failures that slightly impact THE SERVICE and are considered as non-serious faults will be dealt with within a period of up to twelve (12) hours. Any other failure will be dealt with within a period of twenty-four (24) hours.

 

Arbitraje

Las disputas que no puedan ser resueltas por las partes serán llevadas a arbitraje de acuerdo con las prácticas de las Cámaras de Comercio. El arbitraje será conducido en la ciudad de Cartagena de Indias en Colombia.

 

Changes in this agreement

Occasionally, we may change the terms and conditions of this agreement. By subscribing to our service, you agree that we may provide you through electronic communications with the notices, agreements and other information required concerning THE SERVICE, including changes to this agreement. We can notify you, but we are not obliged, about a change when posting on the home page of the website, the relevant website of the corresponding service, the website of your account or your monthly bill through a newsletter, by email or another method of communication allowed. These notices will be considered delivered and in force on the date of their publication. These changes will be binding for you as of the date of publication and we are not obligated to give you more notices to continue using our service. By continuing to use our service after the revisions become effective, you accept them in full. If you do not accept the changes, you must cancel your service immediately. There will be no disconnection or refund charges (if applicable) if you cancel the service due to increases in the prices of your service plan or other material changes, if your account is up to date and if you call us by phone to cancel the service within 30 days after the change is published. Increases in usage fees, taxes, and other items will not be subject to exemption from disconnection and return charges. Upon being published, this agreement replaces all previously written and electronic terms of service, including, but not limited to, all terms included in the box of your device. In addition, it replaces all written terms provided to end customers with retail distribution, including, among others, the written terms that appear on the packaging of your device. If you wish to withdraw your consent to receive notices electronically, you must discontinue your use of the services offered by THE COMPANY. If you continue to use our service, we will consider that you accept those changes.