Term of use - magictel

Terms & Conditions

Before reading the articles, please take notice of the following preliminary terms, which terms make use of some of the definitions as specified below: Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between Magictel and You, as a user, for the use of the Magictel Pre-Paid and Post-Paid Telephony Services. You must enter into this Agreement by Accepting in order to be able to use the Magictel Services. Furthermore,using the Magictel Services You agree to be bound by the terms of this Agreement and any new versions hereof. You means the customer who makes the Application for the Magictel service and where two or more persons have applied, means those persons individually and every two or more of them jointly. Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Magictel to show Your approval of any foregoing texts and/or to use the Magictel services, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Magictel Telephony Service. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law. Jurisdiction`s Restrictions: if You are residing in a Country/jurisdiction which restricts the use of internet-based Telephony services and Voip applications according to Law or age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and use the Magictel services. Furthermore, if You are residing in a Country/jurisdiction where it is forbidden by law to use software or hardware for internet telephony, You may not enter into this Agreement and You may not use our services. By entering into this Agreement You explicitly state that You have verified in Your own Country/jurisdiction if your use of the Magictel Software is allowed. By applying for the Internet phone Service or if you have already obtained Magictel per-paid card and you are here to recharge or modify your details, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. Magictel offers it’s customers(You) the option to select rate plans with or without a minimum term commitment or "agreement." Starting on the date of your order or the date your payment is processed, whichever is later, your payment method will be charged as per your country, order or contract period if any, in advance for all services including prepaid, fees, taxes and surcharges. Your payment will be used for all future credits/debits made to your account. Late payments can be subject to late payment fees if you are a post-paid customer. Before (if you ordered any) you receive your device and/or your new number is activated, you may log into your online web account to set up various features. A high speed internet connection is required in order to use Magictel services at home or business address; Wi-Fi or 3G/4G(your carrier may charge you for Internet usage and Magictel takes no responsibility, it is you complete your responsibility to check for the any associated charges by your carrier) may be required for mobile applications to connect to our servers and for good service quality. Our service may not be compatible with home wireless/security systems, TTY, and other systems. Pre-Paid calling and other services are subject to normal/legal and personal use only or otherwise advised by you or Magictel.

NO EMERGENCY SERVICE “000” , "999" or “911” CONNECTIVITY:

From Magictel service you cannot connect to an EMERGENCY SERVICE such as dialling “000” (or any number which connects to an emergency service in any country) incase of and Emergency. you should use alternative connections/means such as your mobile phone or home landline provided by other local providers incase of Emergency.

Service Term Part (a)

Magictel services are offered on a pre-paid basis. The prepaid services can require the monthly fees, if applicable, and call charge credit to be paid in advance every month and begin on the date that Magictel activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew monthly without further action by you unless you give Magictel written notice of non-renewal at least 15 Business Days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate the Service prior to the end of a monthly term, you will be responsible for the full month`s usage to the end of the then current term, including without limitation, un-billed charges all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. Any telephone number (DIDs or Access Numbers) provided by Magictel in conjunction with the service are owned by Magictel and offered to you on rent basis (where applicable e.g.DID numbers) will be allocated to you and are part of the service and will be relinquished if you cancel the service. Go to Service Term Part (b)

Theft/stolen/Unauthorised Access of Service

You agree to notify Magictel immediately, in writing by email or by calling the Magictel customer support line, if you become aware at any time that your Magictel Services are being stolen or fraudulently used. When you call or write, you must verify yourself that you are the genuine account holder and a detailed description of the circumstances of fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Magictel receives notice of the theft or fraudulent use, you will be liable for all use of the Service using or fraudulent use of the Services. NOTE: Magictel offers it`s customers with a PIN less entry function for connivence, however Magictel takes no responsibility incase your Called ID is compromised, e.g. someone manipulates their called id and make it look like one related to the account.

VoIP Over Mobile/Cellular Data Notice

Some mobile network operators may prohibit or restrict the use of VoIP functionality over their network and may also impose additional fees or other charges in connection with VoIP use. Magictel will not be held liable for any charges, fees or liability imposed by your carrier for use of VoIP over mobile/cellular data.

Loss of Service Due to Internet Service Outage or Power Failure or Suspension or Termination by Magictel

You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet, in the event of an outage of, or termination of Broadband Internet service by your internet provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Magictel terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or Internet Broadband outage, the Service will not function until power is restored or the Internet outage issue is resolved. A power failure or disruption may require the Customer to reset or reconfigure service/equipment or software prior to utilising the Magictel Services again.

Lawful Use of Service

Without restricting what is in meant by “unreasonable”, Magictel will supply the service for the purpose of making and receiving calls on our network for personal use only or if otherwise decided in terms by you are Magictel e.g.Business customers.
Magictel unreasonable use policy of the service is:
using the service for telemarketing, call centre purpose or research(not allowed for any type of account) if you are not a Magictel’s business customer.
Using any devices for rerouting calls to or from our network and in this particular case (or in any other case mentioned here but limited to) your service can be restricted/terminated by Magictel immediately.
We also consider your use of service to be unreasonable if you let other people (who are not Magictel customers) access our network with your account details.
it is also considered unreasonable to our network for any kind of bridging services.
And/or any other than the predominant function of a normal person to person calls.
You also agree to use the Services for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Magictel’s sole judgment the transmission, receipt or possession of such communication.
If you violate any applicable local, state, national or international law or encourages conduct that would constitute a criminal offence or/and give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Magictel reserves the right to terminate your service immediately and without advance notice, if Magictel in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month`s charges to the end of the current term, including without limitation un-billed charges, plus any disconnect fee applicable, all of which immediately become due and payable.

Magictel Pre-Paid Calling Cards

Pre-Paid calling cards issued by Magictel are valid for limited period (usually 30 days (but not restricted to) starts from your first call’s day and/or on the day when you first access Magictel’s System using card ID/PIN) and expire regardless of calling credit available or not at the end of certain period. You are still responsible of any un-reasonable use of our Pre-Paid calling cards. calling Cards are also considered as a full pre-paid service of Magictel and treated in the same way as any other service provided by Magictel. Magictel takes no responsibility in any case if your card is lost.stolen or damaged. Once the card is sold No credit is refundable unless there is a service problem and you might be issued a replacement Card Number. You also agree that Magictel Calling Cards are not useful for all International or Domestic destinations unless those we advertised for and that it is completely your responsibility to check Validity and destinations prior to making a purchase of Magictel calling cards either on our website/any partner website or at any retail outlet. Magictel's Calling Card may be available under different names (e.g. Boom). Calling access number’s to connect your domestic or International calls may cost you by your service provider, It is completely your responsibility to check with your service provider and Magictel takes no responsibility of any charge which occurs or is made by your telephone service provider. Magictel may also charge it’s calling card customers to connect to access numbers provided by Magictel, These charges can be changed by Magictel at any time with any written notice and changes can be found by contacting Magictel's support team.

Magictel Incoming Numbers(DIDs)

Magictel offers it`s Customers Incoming Number facility for personal or business use. these Incoming numbers are also called DID/DIDs. Incoming numbers are offered on monthly rental bases or otherwise agreed by Magictel and you, Incoming numbers provided to you by Magictel are non-transferable and can not be port out. It is a Service by Magictel and Magictel bear no responsibility in case of dis-connectivity, service un-available or unreachable due to any fact. Magictel remains the owner of Incoming Number/s issued to you on rental bases and may claim it back, disconnect, change the number or stop providing the service at any time without any notice given to you. Magictel takes no responsibility in any loss or damage caused by it`s Incoming Number Service.

Copyright

The all information, Services and Documents and any other materials on Magictel's website are protected by copyright,intellectual property laws or trademarks and international treaty provisions. Magictel's website, corporate name/s, service marks, trade names/marks, logos and domain name shall remain the exclusive property of Magictel.

Changes to this Agreement

Magictel reserves the right and may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the Magictel website. Such changes will become binding on customer on the date posted to the Magictel website and no further notice by Magictel is required. This Agreement as posted supersedes all previously agreed terms of service.

a.Payment

Magictel offers prepaid services and services with monthly plans and accepts payments by Paypal, Credit card, Debit card and other payment services/gateways mentioned on Magictel'swebsite only or on your Magictel`s account page only, Magictel reserves the right to provide any payment method option or none at any time mentioned or mentioned in this Agreement or on/any Magictel website , statement and printed media.
Magictel takes no responsibility if you make a payment to a third party(other than Magictel) who claims, provides or resell Magictel Services. pre-paid calling cards at retail outlets can be obtained by using different methods of payment and retail outlets have different way of charging.
A payment verification is required by Magictel on all types of methods of payments and payment and can use different methods for this purpose which may include but not limited to, asking for you personal details e.g. emails, address, country of residence, country of payment, and verifying you emails address and billing address. Magictel reserve the all rights to accept or deny your payment for any reason which does not meet Magictel`s safety criteria or for any other reason where Magictel`s payment policy does not meet. verification of a payment made by you can take up to 24 hours, Magictel reserve complete rights to return a payment to it`s legal source and takes no responsibility at all for any transitional charges associated to it which includes but not limited to Paypal transfer fees, International credit card currency conversion fees, wire transfer fee, payment dishonour fee.
If you have authorised payments by credit card, debit card, debit authority e.g direct debit or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 15 days written notice to Magictel. Disconnection to the Service will occur in the event that your authorised payment method is refused or dishonoured by your nominated financial institution/s.

b.Service Terms Part (b), Refunds/Cancellation

Magictel requires at least 14 days written notice prior to actual cancellation of the service(s), Your account will charged for any remaining term and any applicable cancellation fees, You will not be refunded any remaining balance of your account except as specified here in the Terms and Conditions.
Magictel will refund call charges if it can be demonstrated the customer has been incorrectly charged.
If a customer cancels the service and Magictel is not at fault, there is no refund for remaining call credit and portion of monthly Subscription and DID fees.
If a customer upgrades or downgrades the service plan, there is no refund for the remaining call credit, account balance, portion of the monthly and DID fees.
Service/Subscription and DID fee is charged upfront for a full month, No refunds are available for cancelling it after the service has been fully activated or for portion of the monthly fees.
For an existing Magictel customer to change the Service/Subscription or account, the changed service/plan shall be treated and charged as a new and separate service, there shall be no transfer of call or account credit, any charges from the old to new service type including monthly subscription/plans and DID rents.
Termination of services on accounts paid yearly or quarterly in advance will receive a refund of 50% only of the unexpired portion of the amount paid to Magictel.
Magictel may, at it’s discretion, charge a payment processing fee to offset charges for the processing of payments via it’s banking institutions and accounting departments. The payment processing fee may vary from user to user.
If a free device has been provided to you by Magictel then the device must either be returned to Magictel in the original packaging for redistribution (A restocking fee of $15 applies) or be paid for in full prior to any further refund claim.

c.Payment method verification

Magictel requires it’s customers/clients and or users to verify their payment method which they use to make payment/s to obtain Magictel’s services/offers, which includes but limited to PayPal account verification, Credit and Debit Card ownership and or authorised use of it. verification process may change time to time and Magictel can take up to 72 hours to verify any payment. If required, Magictel will collect from it’s users their Credit / Debit card number, personal information, billing details and use it to verify payment/s and payment means.

d.Resellers/Wholesale buyers

Magictel offers prepaid services, services with monthly plans and accepts payments by Paypal, Credit card, Debit card and other payment services/gateways mentioned on Magictel`s website or on your Magictel`s customer`s self care portal. Resellers and business customers are responsible for Payment transfer service fees/Transaction charges listed here but limited to: PayPal service fee, International bank wire fee, Bank charges/bank handling charges and any other type of transactional charges which may occur during funds transfers to/from Magictel International/Magictel. If you have authorised payments by credit card, debit card, debit authority e.g direct debit or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 15 days written notice to Magictel. Disconnection to the Service will occur in the event that your authorised payment method is refused or dishonoured by your nominated financial institution/s.

Termination/Re-activation of Service

Magictel reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion and also reserves the right to deny to reactivate the service.

Liability Limitations

Magictel shall not be liable for any delay or failure to provide the Service, including 000 or any other emergency service access number dialling, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following described (but not limited to) reasons:
Act or omission of any service provider, an underlying carrier, vendor or other third party;equipment, network or facility failure;equipment, network or facility upgrade or modification;
Force major events (not limited to) acts of God; strikes, government actions, fire, war, riot;
Or any issue caused by any equipment suggested or provided by Magictel, equipment or facility relocation,service, equipment, network or facility failure caused by the loss of power to Magictel customer, any outage of Broadband or any Internet service, act or omission of customer or any person using the Services or Devices provided to customer or any other cause that is beyond Magictel's control, including without limitation a failure of or defect in any Software or Device, the failure of an incoming or outgoing communication service, the inability of communications (including without limitation 000 dialling) to be connected or completed or degradation of voice quality.

Disclaimer of Damages

In no event shall Magictel, its employes, directors, officers, affiliates or agents or any other service provider who furnishes services to Magictel's customer in connection with this agreement or the service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including inability to be able to dial 000 or to access emergency service personnel through the Magictel's service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability and/or any and all other theories of liability and apply whether or not Magictel was informed of the likelihood of any particular/non particular type of damages.

Indemnification

By accepting these terms and conditions you also agree to be held fully responsible for all use of your account and Services provided to you by Magictel and all of it`s affiliates, and you also accept full liability and responsibility for the actions of any other person or establishment who uses the Magictel site or service via your account, whether authorised or unauthorised, You also agree that Magictel is never responsible and should not be responsible for any third party claims against Magictel that arise from your use of the our Service. Further, incase Magictel suffers any damage or costs in any form as a result of your misuse of any of Our service you agree to reimburse Magictel in full for its costs and any expenses related to collections such as legal fees or management time cost.

Warranties

Magictel makes no warranties, express or implied, including but not limited to, Magictel does not warrant that the service will be without failure, interruption, error, delay, loss of content or degradation of voice quality, Information or data. Neither Magictel nor its employees, directors, officers, reselling agents, agents or affiliates or any other service provider or vendor who furnishes Telecommunication Services(or any services) or products to customer in connection with this agreement or the service will be liable for unauthorised access to Magictel's or customer`s transmission facilities or premises equipment or for unauthorised access to, theft or alteration or destruction of, programs, customer`s data files, procedures or information through accident, device or fraudulent means or any other method, regardless of whether such damage occurs as are result of Magictel or its service provider`s or vendors` negligence. descriptions and statements concerning the service or device, if any, by Magictel or Magictel's employes, directors, agents or installers are informational and are not given as a warranty of any kind., and any warranty that the service will meet customer`s requirements.

The Agreement

The Agreement and the relationship between you and Magictel shall be governed by the laws of the State of QLD and United Kingdom and Wales and any other country where Magictel is providing it’s services. The failure of Magictel to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred. Note: If any part of this Agreement is legally declared un-enforceable or invalid, all other parts of this Agreement/contract are still enforceable and are valid. Such non-enforceability will not invalidate or render unenforceable any other part of this Agreement.