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1. Definitions

"We", "us", "Lux Telecom" means the Lux Telecom entity providing the Service to you. "You" means the business entity that opened the account. "Service" means numbers, inbound and outbound voice, SIP trunking and related facilities we supply. "Number" means a telephone number allocated to you. "CDR" means a call detail record. "Charges" means all amounts payable under these terms.

2. The Service

We provide wholesale voice and numbering to businesses. The Service is provided on a commercially reasonable basis and is not sold as a lifeline or emergency service. Availability of a particular number, range or destination depends on upstream carriers and on the numbering rules of the country concerned.

3. Eligibility and your account

You must be a business acting in the course of a trade or profession, and you must complete verification before service is provisioned. You are responsible for the accuracy of the information you give us, for keeping your credentials secure, and for all traffic and Charges arising from your account whether or not you authorised it. Tell us immediately if you believe your SIP credentials have been compromised.

4. Charges, billing and payment

  • Recurring charges (number rental) are billed for the rental period shown at the point of sale, in advance.
  • Setup fees are one-off and billed on the first invoice.
  • Usage is rated per destination at the rate and billing increment published for the Service at the time of the call. The increment materially affects the effective price and is shown with the rate.
  • Charges are exclusive of tax. Tax is applied according to your billing country and the information you have given us.
  • Where the account is prepaid, service stops when the balance is exhausted. Where it is on credit terms, invoices are due on the terms stated on the invoice, and we may charge interest on late payment at a commercially reasonable rate.
  • We may set and change a credit limit or a spend cap, and may suspend service on reaching it. This is a fraud control as much as a credit control.

5. Billing disputes

Raise a billing dispute within 30 days of the invoice date, in writing, identifying the specific charges disputed and why. Pay undisputed amounts as they fall due. We will investigate against our CDRs and respond with our findings. If the dispute is justified, we credit the amount; if not, the amount remains payable. CDRs recorded by our platform are the primary evidence for usage disputes.

6. Acceptable use

You must not use the Service to send or facilitate unlawful, fraudulent, abusive or deliberately misleading traffic. This includes, without limitation, artificially inflated traffic, revenue-share fraud, Wangiri and other missed-call scams, unlawful manipulation or spoofing of calling line identity, unsolicited bulk calling in breach of applicable rules, and traffic that breaches the numbering rules of the destination country. Full detail is in our marketplace rules.

7. Numbers: allocation, porting and reclamation

Numbers are allocated to you for use with the Service. You do not acquire ownership of a Number, and rights in numbering ultimately rest with the relevant national authority. We may be required to withdraw or change a Number to comply with a regulatory decision, and will give you as much notice as we reasonably can.

Where a Number is portable and you are entitled to port it, we will support the port. We may refuse or delay a port out where the account has undisputed overdue Charges, where verification of the requesting party has not completed, or where the request does not meet the losing- or gaining-carrier requirements of the country concerned.

If a Number is unpaid, suspended for an extended period, or terminated, it is released back to inventory. Once released, a Number cannot be guaranteed recoverable and may be reallocated.

8. Emergency calling

Do not rely on the Service for emergency calls. Whether emergency services can be reached on a given Number depends on the number type and the rules of the country concerned, and this is shown per number in the marketplace. Where emergency access is available, it depends on the address information you have registered being accurate and current, and on power and internet connectivity at your premises, none of which we control. You are responsible for telling your own end users what emergency capability they do and do not have.

9. Service levels and remedies

Where a service level is agreed in writing, the remedy for failing to meet it is the service credit stated in that agreement, and that credit is your exclusive remedy for the failure. Planned maintenance is notified in advance where practicable. Emergency maintenance may be carried out without notice where necessary to protect the platform or other customers.

10. Suspension and termination

We may suspend the Service or any Number, in whole or in part, where there are undisputed overdue Charges, where we reasonably suspect fraud, abuse or a breach of clause 6, where a spend cap or credit limit is reached, where verification has lapsed, or where we are required to by a regulator, court or upstream carrier. Where circumstances allow we will contact you first; where the risk is immediate we may act first and inform you promptly afterwards.

Either party may terminate for material breach that is not remedied within 14 days of written notice. On termination, accrued Charges remain payable and Numbers are released.

11. Liability

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence or for fraud. Subject to that, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business or loss of goodwill; and our total liability arising in any twelve-month period is limited to the Charges paid by you for the Service in that period. We are not liable for loss arising from traffic sent using your credentials where the compromise was not caused by us.

12. Confidentiality and intellectual property

Each party will keep the other's non-public commercial and technical information confidential and use it only for the purposes of the Service. Rate cards and interconnect terms are confidential. No intellectual property transfers under these terms; you may use our platform for its intended purpose and not reverse engineer, resell access to, or scrape it.

13. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including carrier failure, regulatory action, industrial action, natural events or major network or power outages. Payment obligations for service already delivered are not excused.

14. Changes to these terms

We may change these terms or our rates. We will give reasonable notice of a change that is materially adverse to you, and you may terminate the affected Service without penalty before the change takes effect. Changes required by law or regulation may take effect immediately.

15. Governing law

These terms are governed by the law of the jurisdiction in which the contracting Lux Telecom entity is established, and the courts of that jurisdiction have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any competent court. The contracting entity and its jurisdiction are identified on your order documentation and invoices.

16. General

These terms, together with your order and any written service level agreement, form the whole agreement between us. If any provision is unenforceable, the rest continues in force. Neither party may assign without the other's consent, except that we may assign to a group company or on a transfer of the business. No delay in enforcing a right waives it.