These Terms of Use (“Terms”) describe the terms under which Gventure Communication Ltd HongKong (“cloudUCaaS”, “We”, “Our” “Us”) provides subscriber access to and use of Our Service(s) (“You”, “Your”, “Yourself”). Gventure Communication Ltd HongKong. is the authorized representative which operates/runs the Services. By accessing and/or using Our Service,
If You do not agree to these Terms, You should immediately cease using our Service(s).
You and Us will be individually referred to as Party and collectively as Parties.
1. YOUR RIGHTSYour access and use of the Service(s) is restricted to the specified number of individual Users as specified in the relevant Order Form executed between Us and Yourself. Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual.
You agree not to:
Where You use the Service(s), You acknowledge that it is not intended for making calls to any emergency services and that We shall have no liability arising from the use of the Services to make emergency calls.
You understand and agree that the Services, which are provided over the Internet, shall not be used to connect to Indian fixed line/mobile numbers, except where You have the requisite permissions or licenses under Indian law.
We offer the option for You to record calls as a part of the Services. You warrant that you shall at all times comply with all applicable laws prior to recording any telephone calls. It is recommended that You always secure the consent of the other party before recording.
You acknowledge that SMS capabilities on any country’s number provided via the Services are only functional as per the regulations and restrictions of that particular country. Therefore, We do not encourage the use of SMS (verification, transactional, or promotional) through a virtual number.
If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will immediately cease using the Service(s) for such prohibited activity or purpose.
You represent and warrant to Us that You own or have the necessary rights to transmit the Customer Content to Us and that doing so does not violate any applicable law, proprietary or privacy rights.
This section pertains to telephony services, with all calls made to the U.S. and Canada being billed in increments of sixty seconds, with a minimum charge of sixty seconds. Gventure Communication will make available to the customer, upon request, DID and toll-free telephone numbers where available. “Short Duration” calls are defined as calls lasting six seconds or less, although the duration for such calls may be subject to change or vary based on jurisdiction. If the customer intends to exchange Short Duration traffic, they must inform Gventure Communication. Additionally, Short Duration traffic is subject to an extra charge of $0.01 per call, on top of all other applicable charges. Finally, Gventure Communication reserves the right to transfer Short Duration traffic to an alternate platform, at their sole discretion.
You acknowledge and agree that Your use of Third-party Services will be subject to the terms and conditions and privacy policies of such third-party and that We shall not be liable for Your enablement, access, or use of such Third-party Services, including Your data processed by such third party. It is Your responsibility to ensure that each Third Party Services (list can be found at Gventure Communication App Marketplace | Integrations for Better Business) is compatible with the Services. You should contact that Third-party service provider for any issues arising in connection with use of such Third-party Service.
Further, We reserve the right to block, cancel or suspend any Gventure Communication Numbers without notice:
Further, You shall provide contact details of a representative responsible for handling law enforcement agency requests and responding to Our communications.
If you have subscribed to the plan which provides unlimited calling service (office phone system plans), all incoming and outgoing calls are subjected to fair usage limit and upon reaching the limit, the user shall be shifted to Call Center Solution plans. In this case, the user might get charged extra for calling after crossing the fair usage limit.For office phone system plans, while purchasing the plan you can select the country for which you wish to get minutes benefits, you will get benefits of free minutes (as per fair usages policy) for only one country which you have selected while purchasing the office phone system plan.8. CHARGES AND PAYMENTSubscription Charges:Unless otherwise mentioned in an Order Form, the Subscription Charges are due in full and payable in advance, in accordance with clause 8.3, when You subscribe to the Services. The Subscription Charges shall be specified on Our Website(s) (Gventure Communication Pricing Plans) or in an Order Form. However, do note that the Subscription Charges are subject to periodic changes/revisions; however, such changes shall be promptly communicated to You in advance.
We may invoice You an administrative fee of up to three hundred (300) USD per complaint of abusive or fraudulent usage of a Gventure Communication Number in Your Account and/or per request for information received from a competent law enforcement authority. This administrative fee constitutes reimbursement for the costs incurred by Us, as determined solely by Us.
You agree to provide Us with your credit card information for billing purposes (“Payment Method”), and You represent and warrant that you are authorized to use the designated Payment Method and that You authorize Us (or our third-party payment processor) to charge your Payment Method for the total amount of your Subscription Charges. We shall invoice You at the beginning of each month, and all payments are due within 30 days of the receipt of the invoice. We may agree on a different payment method in an Order Form.
Monthly Plan: For a monthly plan, you will be billed monthly for each user account or for our services. Users will be able to add and remove accounts as and when needed. Also, you will only be required to pay for accounts that you have during that month. Importantly, you can cancel service at any time without penalty.
Annual Plan: Annual plans require you to commit to purchasing services for a year or longer. However, if you scale your team, you will need to purchase new licenses, which will bring up your monthly rate. Also, under a fixed-term plan, you can reduce licenses or monthly payments only when renewing your plan at the end of the contract. Importantly, unlike flexible plans, if you cancel your subscription before the contract expires, you still have to pay for the full commitment.
Gventure Communication Pricing : Below are the standard prices, offerings and terms of Gventure Communication pricing plans. We review and revise them regularly to make them more user-friendly.
In case of any dispute over the Subscription Charges, a request for such dispute shall be raised by You within a period of 7 (seven) days of receipt of the invoice, failing which it shall be deemed that there is no dispute in relation to Your Subscription Charges.
Unless otherwise specified in these Terms, all Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Service(s). Calling credits provided by Us as a part of offer, promotion, or other gestures will not be refunded.
You acknowledge that credit card payments are subject to the approval of the card issuer and We will not be liable in any way if a card issuer refuses to accept a payment for any reason. We will notify You in the event We do not receive payment towards Subscription Charges within the due date. We must receive payments within a maximum of ten (10) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to the right to other remedies available under law, We may suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified and/or terminate Your Account.
The Subscription Charges are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges including internet charges (collectively, “Communication Charges”). You will pay all Communications Charges associated with your use of the Services. Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full-minute increment at the end of each call for billing purposes. If pay per minute billing applies within your plan, we charge a full minute of airtime usage for every fraction of the last minute of airtime used on each call.
Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction (collectively “Taxes”).
1. THE SERVICE(S), INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
2. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS ($100).
2. IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, WE DISCLAIM ALL LIABILITIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITH RESPECT TO THE SERVICES OFFERED DURING THE TRIAL PERIOD.
1. Indemnification by You: You will indemnify and hold Us harmless against any claim brought by a third party against Us, Our respective employees, officers, directors and agents arising from Your acts or omissions in connection with these Terms provided that (a) We promptly notify You of the threat or notice of such a claim, (b) You will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such claim; and (c) We shall fully cooperate with You in connection therewith.
1. Assignment: This Agreement and any rights or obligations hereunder may not be assigned by You without Our prior written consent, whereas We can assign any of its rights and obligations hereunder without Your prior written consent. This Agreement binds, and inures to the benefit of, the Parties and their respective successors and permitted assigns.
2. Amendment: We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any amendments to these Terms and Your continued use of the Service(s) following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment.
3. Severability: No Waiver: If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of These Terms.
4. Relationship of the Parties: The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.
5. Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses 4 (Intellectual Property Rights), 8 (Charges and Payment), 9 (Term, Termination and Suspension), 10 (Confidentiality; Data Privacy and Security), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Miscellaneous) and 15 (Definitions) shall survive any termination of Our agreement with Yourself regarding the use of the Service(s). Termination shall not limit either Party’s liability for obligations accrued as of or prior to such termination or for any breach of These Terms.
6. Notices and Consent to Electronic Communications: All notices from Us under these Terms may be delivered in writing (i) by a nationally recognized overnight delivery service (“Courier”) or to the contact mailing address provided by You while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided to Your Account. Our address for a notice is: [●] at [●] with a CC to [●] by electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
7. Publicity Rights: You hereby grant Us a royalty-free, worldwide, transferable license to use Your trademark or logo to identify You as Our customer on Our websites and/or marketing collateral.
8. Export Control: Each Party will comply with export control and economic sanctions laws in all applicable jurisdictions that apply directly or indirectly to the Services, including, without limitation, the United States of America. You will obtain all licenses or other authorizations required to export, re-export, or transfer the Services. Each Party represents that it (and, in your case, also Users) is not on any government prohibited/denied/unverified-party, sanctions, debarment, or exclusion list (collectively, “Sanctions Lists”). You will not export, re-export, or transfer the Services to an entity on any Sanctions List without prior U.S. government or other required government authorization. You will (a) immediately discontinue your use of the Services if you are placed on any Sanctions List and (b) remove an User’s access to the Services if such End User becomes placed on any Sanctions List.
9. Governing Law and Dispute Resolution: These Terms shall be governed by the laws of the Republic of India. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts at Ahmedabad, India. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be first settled by arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (including any subsequent amendments). The language of the arbitration shall be English and the seat shall be Ahmedabad, India. The dispute shall be resolved by a sole arbitrator who shall be mutually appointed by the Parties. The decision of the sole arbitrator shall be final and binding on the Parties.
10. Entire Agreement: These Terms, together with any Order Forms, constitute the entire agreement, and supersede any and all prior agreements between Us and Yourself with regard to the subject matter hereof. In the event of a conflict between the terms of any Order Form and these Terms, the Terms shall prevail. In case of a conflict between two Order Forms, the Order Form later in date shall prevail.
11. Force Majeure: Notwithstanding anything to the contrary contained elsewhere, We shall not be liable for unavailability of the Service(s) caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of Customer Content), or acts undertaken by third parties, including without limitation, distributed denial of Service attacks.
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
