Babblevoice Terms

Definitions

"babblevoice" the business VOIP service owned and operated by Share Space Solutions Ltd.

"babblevoice University" a YouTube channel dedicated to the use of babblevoice.

"Contract" this document.

"Customer" You, or any other person who has been given access to the babblevoice service.

"Customer's Network" any network between us you. Your data/IP network (LAN) and associated Internet Connection (WAN).

"Helpdesk" our helpdesk which is run to help with any questions.

"Internet" the global data network comprising interconnected networks using the TCP/IP protocol suite.

"LAN" the network in your office.

"Reseller" an approved party who resells the babblevoice service.

"Service" the collective service which babblevoice operates. SIP service, web management service and API.

"User" anyone using the service.

"WAN" Wide Area Network, the network which you rely on but extends beyond your own premises.

"Wiki" the babblevoice wiki which is where this document is hosted; where babblevoice publish most of its technical documentation.

Commencement

The contract starts when you first start consuming the service.

Service

babblevoice will deliver the service under the terms of this contract. The service is a generic SIP service conforming to relevant SIP standards. You are free to use generic SIP equipment to access the service but babblevoice only warrants service availability, not compatability with all available devices. babblevoice does however publish information about SIP devices we have tested and comments on the quality and functionality (see Supported Phones). This contract does not include any service relating to the provision or setup of user equipment.

babblevoice provides a number of services gratis in the hope they will be useful. This includes services and also software under separate open source licenses. babblevoice makes every effort to ensure the availability of these gratis services however no warranty is provided.

Users who decide to purchase additional services must ensure adequate funds available in their account to ensure availability.

For services where dates are offered and agreed Users agree that dates are estimates and babblevoice will use all reasonable endeavours to make those dates and babblevoice has no liability for not meeting those dates.

babblevoice will provide the Service with the reasonable skill and care of a competent telecommunications service provider.

babblevoice will use reasonable efforts to provide uninterrupted service but from time to time faults may occur, which babblevoice will repair in accordance with the fault repair service detailed in the Service Schedule.

babblevoice may change the codes domain names or other identifying features, or the technical specification of the service.

babblevoice may give users instructions which it believes are necessary for reasons of health, safety or the quality of any telecommunications service provided by babblevoice to the user.

babblevoice may temporarily suspend the service for reasons such as, but not limited to, repair, maintenance and improvement.

All users agree and understands that calls from a babblevoice device to the emergency service are not possible; even if the service is available it is not possible to provide an accurate location of equipment. Therefore babblevoice recommends that all users maintain a direct service line, this is likely to already be available in the form of a fax line.

The service must not be used:

• In anyway which may break the law in the country it is being used from and the UK from which it is operated from
• For anything which maybe abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights
• To cause annoyance, inconvenience or needless anxiety

babblevoice may treat any of these items as a material breach of this contract.

babblevoice will ensure adequate server capacity is available to users for normal use. If, in the opinion of babblevoice, users use of babblevoice is not normal and is detrimental to others users and after reasonable notice the user fails to take reasonable steps of corrective action babblevoice may treat this as a material breach.

The user must indemnify babblevoice against any claims or legal proceedings which are brought or threatened against babblevoice by a third party because the service is used in a detrimental way.

Security

All users are responsible for their own security and must make all necessary steps in insuring they are secure, used properly, kept private and not disclosed to unauthorised people.

Users must only access services they are permitted to and must not attempt to circumvent system security.

Internet

The Internet is a separate service to babblevoice and the use of the Internet is solely at the risk of the user. All users are responsible for ensuring that any Internet connection is suitable for the use of VOIP services taking into account the number of con-current calls and other mitigating factors into account.

Software

Where software is provided or used by the user to access the service provided by babblevoice, this is supplied under a separate licence. Users are responsible to understand any such licenses/contracts.

Resellers

babblevoice welcomes resellers. Tools provided by babblevoice can help a group of completely separate organizations (such as serviced offices or a franchise group) to work more closely. In this mode a user agrees that the reseller who they have dealt with has access to certain information such as, but not limited to, call records, phone information and status, their control panel.

The reseller agrees that they become the first point of contact for their users. The reseller can access resources provided by babblevoice. The reseller must ensure the end user has access to their own control panel, this web site and related information.

Although babblevoice collects money in advance and debts for users are managed by our system some debts are possible. Resellers agree they are liable for these debts.

Matters beyond reasonable control

If either party is unable to perform any obligation under this Contract because of a matter beyond that party’s reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes or acts of local or central government or other competent authorities, or events beyond the reasonable control of that party’s suppliers, that party will have no liability to the other for that failure to perform.

Cancellation

Users may cancel their contract with babblevoice at any point; however this can only be done if all recurring items which have a cost are removed from the babblevoice control panel and the funds in the account are not negative.

If any user fails to ensure adequate funds are available to pay for chargeable services and fail to pay with adequate notice then babblevoice may treat this as material breach.

If any user is subject to bankruptcy order or becomes insolvent or makes any arrangement or composition with or assignment for the benefit of its creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over their assets then babblevoice may treat this as a material breach.

Changes to this Contract

All changes to the service are made through the babblevoice control panel or associated gadgets. babblevoice will publish any changes to the terms of this contract on the babblevoice web site.

New functionality will become available in babblevoice which these items may simply appear or material published in the babblevoice university or wiki.

babblevoice may transfer their rights and obligations to another without consent as long as an equivalent service is delivered.

Notices

Notices under this agreement must be made in writing and may be delivered by hand or by courier or by first class post to the registered office of Shared Space Solutions Ltd.

Entire Agreement

This contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.

All parties acknowledge they have not been induced to enter into this contract by any representation, warranty or other assurance not expressly incorporated into this and with regards to this contract the only rights and remedies in relation to any representation, warranty or other assurance are for breach of this contract and all other rights and remedies are excluded.

If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Contract had been executed with the invalid, illegal or unenforceable provision omitted.

This Contract is governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the English Courts.

Version

This is a pre-release version and has not yet come into force.