Wildix Terms and Conditions

ART. 1 - SUBJECT OF THE CONTRACT 

1.1 The purpose of this contract is so that WILDIX may supply the CUSTOMER with Unified Communications as a Service and the voice telephony service CLASSOUND.

ART. 2 - DURATION OF THE CONTRACT AND RIGHT OF WITHDRAWAL

2.1 The contract is effective from the date of activation of at least one service.

2.2 The duration of the contract is equal to the duration of the rent chosen. The contract is automatically renewed upon expiry for the same period. 

ART. 3 - ACCESS REQUIREMENTS FOR CLASSOUND SERVICES 

3.1 In order to use the CLASSOUND services from WILDIX, the CUSTOMER must have access to an Internet connection that meets the minimum technical requirements of the subscribed services, i.e. at least 60 kbps, the Minimum Guaranteed Bandwidth for each simultaneous VoIP call to and from the CLASSOUND service.

3.2 In order to use telephony services or services that provide for the sending of messages of any kind that include an indication of the sender, the customer must perform validation procedures. WILDIX reserves the right to: request the execution of these procedures, including for the provision of other services or for any anti-fraud checks; not activate services or to deactivate existing services if the CUSTOMER does not carry out these validation procedures.

3.3. The SLAs for the activation and portability of DIDs in CLASSOUND are reported here: CLASSOUND Activation Request. 

ART. 4 - ACCESS CREDENTIALS

4.1 WILDIX will provide, via the e-mail address specified by the CUSTOMER, the access credentials necessary to access WILDIX services and to keep all personal data updated (i.e. identification code, user ID and personal access key, Password).

4.2 The CUSTOMER is required to keep and protect the access credentials with the utmost diligence, and is directly and exclusively responsible for any damage that their improper use may cause to WILDIX or to third parties.

4.3 In case of loss or theft of the Password, the CUSTOMER must immediately notify WILDIX by e-mail, sending the report to the relevant authority no later than 3 days after the discovery of the loss or theft.

ART. 5 - CLASSOUND DIDs AND VOICE AND FAX SERVICES

5.1 The CUSTOMER acknowledges his right to claim the ability to port the number assigned by WILDIX to another operator according to the procedure established by the relevant laws and regulations. The conclusion of the transfer procedure does not imply the termination of the contract for the services provided by WILDIX.

ART. 6 - TELEPHONE LINES ASSOCIATED WITH FAX AND VOICE NUMBERS

6.1 The numbers assigned by WILDIX for fax and voice services can send and receive simultaneous calls in either direction, with a limit according to the user license.

6.2 In the event that the networks or telephone lines connected to the WILDIX systems experience congestion or malfunction, calling users may receive a busy signal, although WILDIX does everything possible to avoid this result. Note, that guaranteed CLASSOUND restoration time (SRT) is 4 hours.

ART. 7 - FEES AND PAYMENT METHODS

7.1 The fees for goods and services are indicated on the order forms or the invoice.

7.2 The invoice must be paid within the deadline and in the manner indicated. The invoice will be sent to the email address indicated by the customer in the table below.

7.3 WILDIX reserves the right to modify fees; however, before doing so, WILDIX must promptly inform the CUSTOMER, who may withdraw from the Contract within sixty days. In the event that the CUSTOMER exercises the right of withdrawal, it will be necessary that the same pay the amount inherent to the period of time in which the services have been rendered according to the amount previously paid with respect to the last communication.

7.4 WILDIX is not responsible for any taxes incurred by Partners. Partners must be compliant with local telecom service requirements with respect to laws and taxes within each jurisdiction they operate in.

ART. 8 - OBLIGATIONS OF THE CUSTOMER AND CORRECT USE OF CLASSOUND SERVICES

8.1 The CUSTOMER may in no case use the services for illegal purposes and/or to cause nuisance to third parties. 

In the case of a violation of national or international laws, WILDIX may, at its discretion, immediately suspend the services, without anything being owed to CUSTOMER; in particular, the CUSTOMER will have no right to a refund, not even partial, of the subscription fee. The right of WILDIX to take legal action for compensation for any damage suffered remains unaffected.

8.2 It is expressly forbidden to use WILDIX's services and systems to carry out, over telephone traffic, arbitration activities, or in general to develop telecommunications traffic by which one may obtain advantages, bonuses, credit, money or similar benefits for oneself or third parties merely by sending and/or receiving communications of any kind, even those which are received but not replied to. It is forbidden to use WILDIX systems in any way in order to obtain advantages for oneself or for others, including but not limited to by means of telephone calls or SMSes sent to numbers such as mobile or fixed network numbers with so-called "auto top-up" or "reward" offers, or to "premium" or "personal number" or "shared cost" numbers in any country, which return money or credit or benefits to the holder of the number or to whoever uses it. It is forbidden to use WILDIX services to automatically generate outbound call campaigns with or without the recipient’s response. In such cases, WILDIX may, at its discretion, immediately suspend the services and invoice the CUSTOMER for any additional costs and expenses incurred for the characteristics of the traffic developed, without anything being owed to the CUSTOMER. The right of WILDIX to take legal action for compensation for any damage suffered remains unaffected.

8.3 The CUSTOMER may not in any way transfer this contract to third parties, either free of charge or for consideration, without the prior written consent of WILDIX.

8.4 The service is provided by WILDIX solely in favor of the CUSTOMER, who therefore remains solely responsible for allowing use of the service to third parties. The CUSTOMER shall inform anyone who uses the WILDIX services that the CUSTOMER is allowed to review in detail the traffic carried through the service, including all the numbers which are sending calls and all numbers receiving calls.

8.5 The CUSTOMER shall use the numbering assigned to him in compliance with the regulations applicable in the country where the DIDs are assigned. WILDIX reserves the right at any time to carry out checks regarding compliance with the aforementioned rule, which may be manual or automatic, even should technical means be at its disposal. If WILDIX detects use of the numbers that does not comply with regulations, WILDIX may revoke the use of the number to the CUSTOMER and terminate the existing contract, without anything being due to him.

8.6 In the event of the development of traffic deemed anomalous by WILDIX, or in the event of the triggering of automatic or manual anti-fraud systems by WILDIX that lead to suspicion of even potential fraud, or of illicit activity or contractual violation, or in the event that technicians may put the infrastructure of WILDIX or other operators at risk, WILDIX may suspend, even selectively, the services provided to the CUSTOMER without anything being owed to the same. WILDIX will reactivate the services if verifications do not confirm the suspicions. The right of WILDIX to take legal action for compensation for any damage suffered remains unaffected.

8.7 If WILDIX detects usage of the service that does not comply with the regulatory provisions governing call center activities, it may suspend the service, even in the face of mere suspicion, and, once the abuse has been ascertained, may revoke the use of the number by the CUSTOMER and terminate the existing contract, without anything being owed to the latter.

ART. 9 - LIMITATION OF LIABILITY AND INDEMNITY

9.1 WILDIX will not be liable — neither to the CUSTOMER nor to subjects that are directly or indirectly connected to the CUSTOMER himself — for delays, malfunctions, suspensions and/or interruptions in the provision of the Service caused by: ​​force majeure or unforeseeable circumstances; tampering with or interventions in services or equipment carried out by the CUSTOMER or by unauthorized third parties; failure by the CUSTOMER to comply with the conditions of access to the Service; incorrect use of the services by the CUSTOMER; malfunctions from the connecting devices; use by the CUSTOMER of incompatible tools and/or programs (software); connectivity malfunctions dependant upon another operator. 

9.2 WILDIX, having no control over the equipment involved, is in no way responsible for disruptions caused by switching errors on a public telephone network which involve the delivery of calls to WILDIX using an incorrect destination telephone number.

9.3 WILDIX is never in any way responsible for malfunctions in CLASSOUND services that are attributable to an incorrect/inappropriate/incompatible configuration by the CUSTOMER, or to any part of the network not under the control of WILDIX, including malfunctions due to the infrastructures of third-party operators.

9.4 WILDIX is never in any way responsible for telephone calls made by its customers. The CUSTOMER explicitly indemnifies WILDIX about any possible request for damages by third parties regarding the content of his messages or telephone calls.

9.5 WILDIX is in no way responsible for any damage that may arise to the CUSTOMER or to third parties due to the assignment, pursuant to regulatory provisions, of numbers previously attributed to others.

9.6 WILDIX is in no way responsible for any improper use of numbers by the CUSTOMER, who indemnifies WILDIX from any request for compensation or sanctions by the regulatory authority or third parties.

9.7 In any case, WILDIX is not responsible for damages caused by breakdowns, interruptions or overloads of the electric, telephone, national and international lines that prevent the regular use of the Services.

9.8 WILDIX cannot in any way be held responsible for any of its obligations under the terms of this contract if such failure is caused or derives from an event of force majeure without any limitation, including but n