Orbtalk investment in providing this service and limits on available geographic numbers mean that if you do not use the service for 6 months, your account will be de-activated (closed) and you will lose all benefits of your Orbtalk account. 'Usage' includes your SIP device being logged into the Orbtalk SIP server, so this is normally automatically maintained by your VoIP hardware or software. You do not actually need to make calls to keep the account active. If an account is closed, any remaining call credit is lost and not refundable.
If you do not receive any calls on an allocated PSTN number (0845/0870 or geographic area code) for 6 months, that number may be de-allocated. The same number cannot be restored to your account and may be allocated to and used by another user.
In order to purge inactive/unwanted accounts, we may send out periodic emails requesting that you verify your account. You must keep your account details up to date (in particular your email address) in order that you can receive these emails and click the verification hotlink. If you operate any anti-spam measures, please ensure that www.orbtalk.co.uk domain is not blocked.
The service may be temporarily unavailable at any time for maintenance or due to system failure without notice.
No compensation is offered or liability accepted to the user or any third party should the service be unavailable temporarily or permanently, either due to suspension of your account or cessation of the service.
Bonus features available after specific purchases are available only where qualifying criteria are met.
From time to time we endeavour to improve our services. Wherever possible, notice of at least 7 days would be given of any service changes however the service, the address/username and/or PSTN phone number (e.g. 0870/0845 or geographic numbers) issued to you may be withdrawn at any time without notice, so should not be assumed as 'permanent'. This is particularly of issue where there is any forced renumbering by Telecoms authority (e.g. Oftel) which we are required to make.
You must not use the service for any unlawful purpose, or use it for the dissemination of any material or information which could be unlawful, offensive or obscene.
You may not use the service to make unsolicited calls, in particular sales cold-calls or use the service in way way to disrupt or disturb (or attempt to) the operation of any company/business or quiet enjoyment of any person.
You shall not use the service in any way which might affect the performance of the service or enjoyment of the service by other users. This includes hardware/software operation which operate in a way which is not acceptable to the service providers, either deliberately (by design) or due to malfunction.
Charges and calling rates for the service may be subject to change at any time but will usually be realigned more competitively. Please refer back to the Orbtalk web site for the current rates.
Where using any call diversion (forwarding) facilities you must ensure that any third party is aware that you are forwarding calls to them. The transferred leg of such calls are billed to your Orbtalk account.
You will keep your service password(s) confidential at all times and advise us of any suspected breach of its confidentiality.
You will not share your account with any unrelated person ('unrelated' being persons outside your own household or organisation). Where you authorise another related party to use your account, you accept responsibily for their usage of your account.
If you provide your account details or password onto any third party for any purposes, for example accounting or the provision of 3rd party value added services, you are responsible for any use or abuse they might make of that information, for example the use of any calling credit.
Where 'call credit' is purchased for making calls to the PSTN, this is non-refundable and cannot be transferred to another user/account. Unused credit expires after 6 months, so we recommend only purchasing call credit which you intend using within the timeframe and being sure that you purchase it on the right account (if you have more than one).
Privacy : Your personal details will be held confidentially and used only by those responsible for operating the Orbtalk service. You consent to receiving service updates or account verification requests from us by email, together with other periodic commercial information from us. We will not pass your email address onto 3rd parties for the purposes of unsolcitied emails ('spams').
In the case of service malfunction or misconfiguration providing you with any unentitled benefit (whether pecuniary or otherwise), this benefit may be removed/amended retrospectively. In cases where a malfunction or flaw is deliberately exploited by a user, any such financial benefit shall be repayable by the user.
We may, at our discretion, prohibit the use of any hardware or third party services with the Orbtalk service where we believe that it may be interferring or otherwise detrimental to our systems or affecting the service for other users.
Where hardware (physical) products are supplied or purchased from a third party, the product's operation may depend on continued operation of the Orbtalk service. Should the Orbtalk service cease, or the scope of operation change such that the hardware product is no longer usable (either partially or completely), Orbtalk are not responsible for the cost of that hardware, its replacement or any consequential costs arising.
It is prohibited to use the Orbtalk server, partner servers or any Orbtalk supplied hardware/software outside of the intended use stated by Orbtalk. This includes reverse engineering, code alteration or any other usage which might alter or affect the operation intended by Orbtalk or the normal usage of other users.
These service terms may be amended at any time without notice; you should refer to this page to view the latest version of the service terms. Any breach or suspected breach of the service terms may lead to suspension of your account, either temporarily or permanently; all such decisions and judgement are made at the sole discretion of the service provider.
Orbtalk staff and representatives will attempt to respond to and resolve issues or questions as quickly as possible. Whilst we know the vast majority of users are courteous, any abuse or language/action which would clearly cause offence to personnel may result in no response being offered and in serious cases, the immediate closure of your account, in all cases without any liability on our part for subsequent inconvenience or loss. Such enforcement is at our discretion.
Any formal (non-support) communication should be sent to the company address. We may use other companies for onward connectivity, accounting and overhead services however our privacy policy is not affected and any information sharing is only in connection with provision of services.
Additional Details of Service Terms
By accepting the terms of use, you (hereinafter the 'user') are stating that you agree to accept and be bound by all of the terms and conditions of this agreement. Do not proceed if you are unable to agree to the terms and conditions of this agreement. These terms and conditions of service for use of Orbtalk SIP server (the 'agreement') constitute a legally binding contract between Orbtalk and the entity that agrees to and accepts these terms and conditions. Access to Orbtalk's session initiation protocol server ('SIP server') is being provided on an 'as is' and 'as available' basis, and Orbtalk makes no representations or warranties of any kind, whether express or implied, with respect to user's access of the SIP server, including but not limited to warranties of merchantability, non-infringement, title or fitness for a particular purpose. Further, Orbtalk makes no representations or warranties that the SIP server, or user's access thereto, will be available at any given time, or will be free from errors, defects, omissions, inaccuracies, or failures or delays in delivery of data. User assumes, and Orbtalk disclaim, total risk, responsibility, and liability for user's access to and use of the SIP server.
Access to Orbtalk SIP server is being provided on a non-exclusive basis. User acknowledges and understands that Orbtalk SIP site is in a developmental stage and that Orbtalk makes no guarantees regarding the availability or functionality thereof. User may not sublicense its access rights to the Orbtalk service to any third party.
User agrees to indemnify, defend and hold Orbtalk, its affiliates, directors, officers, employees, agents and licensors harmless from and against any and all claims, actions, expenses, losses, and liabilities (including courts costs and reasonable attorneys' fees), arising from or relating to this agreement including user's access to and use of the SIP server to the maximum extent permitted by applicable law, in no event shall Orbtalk or any of its licensors, be liable for any indirect, special, punitive, exemplary, or consequential damages, arising out of the access to or use of or inability to access or use the SIP server, or that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in transmission or operation or any failure of performance, even if advised of the possibility of such damages.
Orbtalk registered users must ensure a PSTN telephony line is available at the location from which they use the service. The Orbtalk telephony service is not intended as a substitute of the PSTN telephony service. Orbtalk registered users must that they have the ability by some other means to contact emergency services if required.
If user commits, in Orbtalk's sole determination, a default of these terms and conditions, Orbtalk may immediately terminate user's access to the SIP server. Furthermore, Orbtalk reserves the right to discontinue offering access to the SIP server at any time.
User may not assign its rights hereunder without the prior written consent of Orbtalk. User agrees to comply with all laws, regulations and other legal requirements that apply to these terms and conditions.
If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
Any failure of Orbtalk to enforce any provision of this agreement shall not constitute a waiver of any rights under such provision or any other provision of this agreement.
User acknowledges that it has read this agreement, understands it, and agrees that it is the complete and exclusive statement of the entire agreement between company and Orbtalk with respect to the subject matter herein, and supersedes all prior and contemporaneous proposals, discussions, agreements, understandings, and communications, whether written or oral and may be amended only in a writing executed by both user and Orbtalk.
© Orbtalk Ltd 2008. Reproduction prohibited without written permission. Specification subject to change at any time without notice. E&OE. All sales are subject to standard terms. Trademarks are acknowledged of their respective owners. No specific endorsement is implied by the mention of any particular service provider.
