1.1 The terms and conditions of the Agreement set out below are understood to have been read and expressly and unconditionally accepted by the Customer when he/she selects the “check it out now for free” button on the GlooboVoIP service on-line registration page.
This Service is not only governed by these general terms and conditions, but also by the relevant offer found on-line.
1.2 By selecting the aforementioned button, the Customer expressly declares that he/she has the legal capacity to enter into agreements, i.e. that he/she is of age, that he/she is not under guardianship or curatorship and that, in the case of a legal person, he/she is a representative of that person and in any case has the express power to enter into binding agreements on behalf of that person.
1.3 The Customer is explicitly required to read the legal and technical information included with each function fully and completely.
2.1 The subject of this Agreement is the provision for a fee of the on-line service called GlooboVoIP in accordance with the conditions and terms herein and the rates specified at the time the Service itself is offered.
2.2 The service called GlooboVoIP allows the Customer to make national and international telephone calls everywhere using assigned numbers in a simple manner better described in the Service offer.
The Service also allows the Customer to send mobile phone text messages.
2.3 The Service is provided by 10993 Srl upon advance payment (prepaid).
According to this method, the Customer purchases a certain number of telephone units in advance corresponding to seconds of traffic that may be subsequently used to make international calls as expressly permitted by the terms and conditions of this Agreement.
3) METHOD OF REGISTRATION TO THE SERVICE AND CONDITIONS OF USE
3.1 The User may try the Service free of charge by registering on-line and entering his/her name, email address and mobile phone number.
3.2 Following receipt of the request to try the service, 10993 Srl sends a personal password by email that identifies the User.
The User may access a special protected area with this password (login) and perform the activities permitted using the trial bonus credit.
3.3 In any case 10993 Srl reserves the right to accept or deny the trial activation request received from the User in its sole discretion.
3.4 On the first top-up, the Service switches from trial mode to final mode since purchase of a top-up shall be considered for all legal purposes as a request to provide the Service to the extent of the amount paid.
The Customer may ask for an invoice to be sent.
3.5 In his/her password protected area, the Customer may check records of calls made, text messages sent and top-ups.
The Customer may also consult and view his/her credit data at any time.
Functions are therefore available to the Customer that allow him/her to check and manage his/her account.
3.6 The Customer accepts responsibility for the accuracy and truthfulness of the information he/she provides to 10993 Srl, and expressly undertakes to indemnify 10993 Srl from and against any and all losses of any kind or nature arising from having provided inaccurate or false data.
If the data provided by the Customer are found to be untrue or incorrect, 10993 Srl may proceed with the immediate suspension of the activated Service at any time.
3.7 The Customer is responsible for the passwords provided, and is required to take all necessary measures to protect their confidentiality.
Use of the Service with these passwords is always considered as made by the legitimate user, i.e. the Customer.
The Customer is and will remain responsible for any consequences arising from loss or theft of the passwords themselves; the Customer also undertakes to guarantee and indemnify 10993 Srl from and against any damage caused to third parties by such loss or theft.
The Customer undertakes in any case to notify 10993 Srl immediately in writing of any theft or loss of the password, however it may have occurred, at the following email address: email@example.com
Each Customer may activate up to a hundred numbers, comprising one primary number and ninety-nine secondary numbers.
3.9 If the client does not top up his/her GlooboVoIP account for more than 120 days, his/her credit will be put on temporary standby until the next top-up.
At the next top-up, the remaining credit will be available again immediately.
4) DURATION OF THE AGREEMENT
4.1 The Customer may cancel the Service at any time by giving suitable prior written notice to 10993 Srl.
5) PRICE AND METHOD OF PAYMENT
5.1 The Customer will pay 10993 Srl the charges due for the Service according to the rates and contractual and financial terms expressly mentioned in the offer, which the Customer declares he/she has read and accepted when he/she requests activation of the Service itself.
The Customer may also consult a comprehensive on-line list of rates at any time on the specific service web pages. Prices are quoted including VAT. The rates shown are valid seven days a week, twenty-four hours a day. One minute rounding, no connection charges.
The rates used to calculate the cost of the call have up to four decimal places. On the GlooboVoIP website and promotional pages, the rate may be rounded to the second or third decimal place.
5.2 The ZERO offer allows you to call landlines in several countries for free. Please visit our website GlooboVoIP – Rates – FREE. The ZERO offer is activated with any top up and is valid for 60 days. ZERO is automatically renewed every time you top up and cancels and substitutes the previous offer in progress.
With this offer you can call the landline numbers listed for free for a total of 200 minutes a week, non cumulative. If you go over 200 minutes a week, normal GlooboVoIP rates will apply, please check this page.
6) CUSTOMER OBLIGATIONS
6.1 The Customer undertakes: a) not to use, or allow third parties to use, the Service to perform communications that may cause damage and/or disturbance to telecommunications companies or users and/or violate the laws in force;
b) not to use the Service for unlawful purposes or in a manner contrary to morality and public order;
c) not to violate the laws in force, regulations or negotiated rules either directly or indirectly.
6.2 The Customer will in any case be held exclusively responsible for the content, information and data contained in his/her communications, as well as any damage that may occur due to failure to comply with the obligations under section 6.1 and this section. He/she also expressly undertakes to guarantee and indemnify 10993 Srl from and against all claims for damages or compensation from third parties (including financial penalties imposed by the competent authorities) and all damages, liabilities, losses, costs and expenses arising directly or indirectly from breach of the obligations set forth in section 6.1 and in this section.
6.3 10993 Srl reserves the right to suspend - even only partially - the Service at any time without prior notice in the event of its misuse or use in a manner contrary to the laws in force.
7) WAIVER OF LIABILITY
7.1 The Customer uses the Service under his/her personal responsibility and at his/her discretion. 10993 Srl is not liable for any damages, with the express exception of the case of actions and conduct that may be directly and immediately attributable to it.
In any case 10993 Srl cannot be held liable for: a) interruptions in Service resulting from force majeure including - by way of example and not limited to - fires, floods, earthquakes, strikes and malfunctions resulting from the improper operation of telephone lines, power lines or international and/or national networks due to failure, overload, interruption or, in any case, maintenance, repair, improvement and network extension works;
b) the use of a telephone for which no valid compliance certificate has been issued or a telephone unfit for the purpose.
This list is not exhaustive. If one of the cases above should occur, no compensation will be due for any direct or indirect, tangible or intangible damage suffered, especially business damage.
7.2 In the event of investigations into the operation of the Service and the Customer's telephone traffic, the 10993 Srl system records will be taken as proof.
7.3 The Service may be suspended by 10993 Srl for maintenance or other technical reasons for the period necessary to complete the work without the customer being entitled to make any claim.
8) AMENDMENTS TO SERVICE SPECIFICATIONS, CHANGES IN CHARGES AND CHANGES IN THE GENERAL TERMS AND CONDITIONS
8.1 10993 Srl may alter the Service specifications, change the charges, and alter these general terms and conditions on the grounds of unexpected proven technical, financial and operational requirements.
9.1 All communications relating to this Agreement must be sent by the Customer to the following addresses:
10993 Srl, 14 Via Pontaccio, 20121 Milano;
10) NOTICES TO THE USER
A cookie is a small piece of data that is sent to the Customer's Internet browser from a web server and stored on the hard drive of the Customer's computer.
10993 Srl states that cookies are usually used to remember who the Customer is and to access his/her account information (stored on the computers at 10993 Srl) in order to offer the best customized service.
This cookie is set when the Customer registers, and changes during his/her visits to the site.
It is used to assess: (i) the number of accesses to the site and to measure the use of services by registered and unregistered Customers;
(ii) the volume of site traffic. 10.2 The Customer acknowledges and accepts the existence of an electronic service logbook compiled and kept by 10993 Srl.
The contents of the logbook are absolutely confidential and will be revealed only at the request of authorities.
11) SALE AND TRANSFER
11.1 In the event of any mergers, acquisitions or transfers of company branches that cause 10993 Srl to change name, this agreement will continue to apply with the new entity under the same terms and conditions.
11.2 10993 Srl may transfer this Agreement in the form and manner prescribed under section 1407 of the Italian Civil Code provided that the terms and conditions of the Agreement remain unchanged for the Customer.
12) EXPRESS TERMINATION CLAUSE
12.1 Without prejudice to the right to request termination of this Agreement for any failure to meet the commitments undertaken thereby and without prejudice to any action for damages, the parties agree upon an express termination clause: for violation - even partial - of the obligations contained in the sections concerning the obligations and prescribed conduct when using the Service or, in any case, use of the Service against the laws in force, regulations or negotiated rules; in the sole case of a User who is a legal or natural person engaged in business, if bankruptcy or an arrangement with creditors is requested or occurs, other insolvency proceedings are opened against the User, the User's business is placed into liquidation, or a seizure or attachment order is levied over any of his/her assets.
13) APPLICABLE LAW AND JURISDICTION
13.1 This Agreement will be interpreted, construed and enforced in accordance with Italian law.
13.2 In the event of disputes concerning this Agreement, if the Customer is a natural person acting for purposes that are not related with any business or professional activity he/she may perform, the Court of the place indicated by the Customer as residence or domicile shall have exclusive jurisdiction provided it is located within the Italian state;
in all other cases, the Court of Milan shall have exclusive jurisdiction.
14) PROCEDURE FOR CONCILIATION
14.1 In the event of a dispute between the Customer and 10993 Srl involving a complaint of infringement of a right or interest protected by this Agreement, the conditions, criteria and procedures for an out-of-court solution of this dispute established by the Authority for Telecommunications Guarantees hold unless a summary judgement has been obtained or a debt collection procedure relating to the services provided has been started.
14.2 In such cases, except in the event of a summary judgement having been obtained, an action before the ordinary courts may only be initiated after a compulsory attempt at mediation has been made before the competent Regional Committee for Communications; this must be completed within thirty days of the application being filed with the Authority, pursuant to section 1, subsection 11 of Italian law 249/97 and to Authority for Telecommunications Guarantees Resolution No. 173/07/CONS.
14.3 The time limit for action before the courts will therefore be suspended until the period for completion of the conciliation procedure has passed.
By selecting the "check it out now for free" button, the Customer expressly declares that he/she has thoroughly read the general terms and conditions of the Agreement that governs the Service and specifically accepts the clauses contained in the following sections, also pursuant to and by effect of sections 1341 and 1342 of the Italian Civil Code:
3 (Method of registration to the service and conditions of use),
4 (Duration of the agreement), 5 (Price and method of payment),
6 (Customer obligations), 7 (Waiver of liability)
8 (Amendments to service specifications, changes in charges and changes in the general terms and conditions),
9 (Communications), 10 (Notices to the user),
11 (Sale and transfer), 12 (Express termination clause),
13 (Applicable law and jurisdiction).
15.1 These "General Terms and Conditions of Use" have been translated from the original Italian language text. This translation is provided purely for the Customer's convenience. Should any doubts arise regarding the interpretation of these General Terms and Conditions of Use, the Italian language version shall prevail in all respects.