Terms and Conditions

Service Standard Terms & Conditions

In order to use this Service and the associated Software you must agree to the terms and conditions that are set out below. By using the Service and downloading, installing or using the associated Software supplied by Qnective, you expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time at www.qnective.com.

These service terms and conditions should be read in conjunction with the access terms and conditions which accompany your chosen access method.

Definitions

"Service" any service/s supplied to you by Qnective.
"Software" any software provided to you by Qnective which purpose is to enable you to use the Service (this
includes Qmessenger, Qtalk, Qtalk business, Qtalk secure and further software issued by Qnective).
"Qnective" the trading name of Qnective Inc.
"Reasonable Use" A policy defining the fair usage terms for the Service and access method you are using.
"EULA" End User License Agreement

Agreement

These Terms and Conditions, and the related forms and web pages they reference, constitute a legal Agreement between you the end user and/or Qnective subscriber and Qnective. This Agreement is a service agreement and should be read in conjunction with the relevant associated software EULA that is posted on the Qnective website. Please read it carefully before accepting it.

Compliance with Applicable Laws

By entering into this Agreement you expressly confirm that you are legally entitled to enter this agreement. If you reside in a where it is forbidden to use VoIP services or instant messaging services (IM services) by law or regulation you may not enter into this agreement and you may not use the Service or Software. By entering into this agreement you expressly state that you have confirmed that your use of this Software and Service is permitted.

If you reside in a jurisdiction which restricts the use of services which include VoIP or instant messaging services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service.

Calls to Emergency Services

The services offered by Qnective are not a replacement for your ordinary telephone service and you cannot make emergency calls using Qnectives service. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. Neither 999, 112, 911 nor e-911 service nor any other emergency service is available through the Qnective service. If you dial "999" or "911"(or other internationally recognized emergency service numbers) while using a Qnective service you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator.

If your data connection fails for any reason you will not be able to use the Qnective Service. This will not prevent you from using your mobile phone via your cellular provider as normal.

Access to the Service

You may only access the Qnective services using authorized Software and authorized compatible devices identified on our website www.qnective.com or on the according device compatibility paper. It is your responsibility to check the list of devices on the Qnective website to ensure you download the correct software for your device. Qnective is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. Qnective reserves the right to terminate this agreement should you be using the Qnective Service with software or a device that is not identified on the website as compatible.

You Agree that:

You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes. You will not use the Service to cause nuisance, annoyance or inconvenience. You will not impair the proper operation of the network. You will not try to harm the Service in any way whatsoever. You will not copy, or distribute services or content without written permission from Qnective. You will only use the Software and Service for your own use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service. You will provide us with whatever proof of identity we may reasonably request. You will
only use an access point or 3G data account (AP) which you are authorized to use. You will not access any age restricted services if you are under age, nor will you allow any other person to do so. When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service.

Your Contract

When signing up for an account, or if we reasonably require it, we reserve the right to contact a credit agency to check your credit rating. This may result in your account being limited or not accepted at all.

Charges

You may be provided with some free calls and other special offer services subject to reasonable use, entirely at Qnective's discretion. Otherwise, you will be charged Qnective's standard rate for the Service(s). The Qnective Service operates unless specified differently with the completion of the contract on a pre-pay basis and you will be prompted to pay these rates in advance. Qnective has no obligation to refund any payments made in advance for the use of the Qnective Services as set out in these terms. For more details see the Reasonable Use Policy associated with your tariff.
A full list of Qnective's rates for standard Services is published on www.qnective.com or in a pricelist. The rates published may be changed from time to time, entirely at Qnective's discretion. Our rates may vary without prior notice. Full details of rates will be displayed here, so you should check the Qnective website regularly to determine if any changes have been made or announced. Some Qnective Services may make use of 3rd party networks, (including 3g, Cellular/Mobile, commercial hotspots). Qnective are not liable for these or any other costs you may incur by using 3rd party services. We will from time to time attempt to estimate these charges. These are for information only and your should contact the carrier directly to obtain definitive information.

Payments

In order to use the Qnective payment services, you must have an account with Qnective and a validated email address and mobile number. This means that you will have received emails from Qnective previously and will have the necessary equipment to receive electronic notifications from us. By using Qnective's payment services either online or via the telephone, you consent to receive all confirmations of payment, recurring payment authorities, receipts and other notices electronically via email. You also consent to provide authorisations for any payment transactions, and contractual transactions via electronic means (this includes acceptance of terms and conditions via tick box and I accept buttons and confirmations given via an interactive voice/telephone &quote;IVR&quote; system). If you wish to withdraw this consent you may do so by emailing support@qnective.com; however if you withdraw this consent you cannot use Qnective's payment services to top up your account. You should keep these emails in a safe place as a record of
your transactions. You must keep your contact details up to date. If you need to change your email address you can do so by writing an email to support@qnective.com. You acknowledge that Qnective may use a third party to process your payments and perform fraud checks. Any refunds in relation to payments made will be governed by the Qnective Refund Policy. If you lose your payment card or believe it has been compromised you must alert customer service by emailing support@qnective.com.

Account Use and Activation

Your account will be activated after you have downloaded and installed the Qnective Software. Your Agreement is personal to you, and is not transferable by you, but we may allow you at our discretion to nominate another user to use your Service. If you do so, however, You - and not the other user - will remain contractually responsible for all payments and other obligations under this Agreement. You are responsible for the use of the Services and payment thereof. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted including any charges incurred by using your account even if this occurs without your permission. You agree to immediately notify Qnective in
writing to support@qnective.com of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. Qnective reserves the right to change your password. Qnective is not liable for any monetary loss or damages that may result from the loss or theft of your password. Account activation differs depending on the method(s) you use to access your account. Please see terms and conditions that accompany your access method below (i.e. Mobile Device Terms and Conditions) for further details. If You are purchasing the Qnective Service for private use (i..e. as a consumer as opposed to for business use), You have the right to cancel this contract within 14 days of acceptance of the Services by You ("Cancellation Period") before you start using the Qnective Service. If you do cancel a contract pursuant to this clause you must notify us by email to support@qnective.com. In the event of cancellation, You must delete all software and any services that you have downloaded from us and you remain bound by the terms of this Agreement. If you do cancel a contract pursuant to this clause, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice. A refund of any sums paid to Qnective is not available once You have started to Use the Qnective Service. If you do not use your Qnective Account for 120 consecutive days your account will be closed and any remaining credit forfeited.

Caller Line Identification with Qtalk

Our network will allow the display of your regular phone number on receiving devices. If You do not want to display your CLI please notify us in writing to support@qnective.com.

Marketing

In order for the Qnective Service to be a low cost service we may rely on advertising and marketing supplied through the service and other mechanisms to subsidize the service. We intend that any such marketing services shall be discrete and of targeted interest to you. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such services you should notify us in writing. Qnective reserves the right to charge a higher fee for the service if you should choose not to take these marketing services. This higher fee, if applicable, will be posted on the Qnective website. Qnective may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. Qnective may from time to time send you information about our Qnective products and services. If you do not want to receive information about

Qnective products and services you should contact us in writing at support@qnective.com.

Support

If you need assistance regarding the Qnective software and Service, please email support@qnective.com. Restricted Numbers
There may be numbers that Qnective restricts your access to, including but not limited to premium rate numbers.

Termination

You may terminate this Agreement at any time with written notice to Qnective at support@qnective.com Qnective may limit, suspend or terminate the Service and this Agreement if we believe you to be in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to you via the email address you have provided and/or by preventing you from accessing the Account and the Service. If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.

Refund Policy

Except as permitted under the Distance Selling Regulations and as referred to in these terms above, no refunds will be made for unused credit. Where Qnective provides you with free calls or other special offer services no cash alternative will be given.

Assignment of rights

You may not assign your rights under this agreement unless expressly agreed by Qnective. Qnective may assign our rights under this agreement to any company that controls Qnective or that Qnective controls.

Ownership

All intellectual property rights in the Qnective Service and Software are the property of Qnective Inc. The supply of the Software and Service does not imply any transfer of intellectual property rights.

Privacy

We take our customers' privacy seriously. Please read our Privacy Policy for full details at www.qnective.com. Whilst we respect the privacy of our customers, VoIP calls or IM services may be subject to interception by law enforcement agencies and bodies.

Trial Feedback

If any part of the software or the services is supplied on a trial base, you agree that we can log your feedback on the quality of the product and service, and incorporate it to make improvements to the product, where appropriate. All such improvements are the sole ownership of Qnective. You agree that Qnective may hold personal information about you for the purpose of the trial provided it does so in accordance with the Swiss Federal Legislation on Data Protection and our own privacy policy.

Complaint resolutions

If you have any complaints about the Software or Service you should send them in the first instance to support@qnective.com. For details on our Code of Practice send your request to support@qnective.com.

No Warranty

If any Qnective services are offered as a trial, while we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and you agree to accept the service as is. We reserve the right to suspend the service for technical, operational or other reasons. Qnective reserves the right to withdraw this Service and any additional services at its sole discretion. The service is provided on an as is basis, and your use of the service is at your own risk. Qnective does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. Qnective does not warrant that the service will be uninterrupted, error-free, or completely secure. We reserve the right to make changes to these terms and conditions. You should check the Qnective website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly. If you do not notify us within 30 days of a change then you will be deemed to accept this change to this Agreement.

Limitations and Exclusions of Warranties and Liability

1. Exclusions of certain damages. Under no circumstances [whether contract, tort (including negligence), strict liability or any other theory whatsoever], shall Qnective be liable for any damages you may suffer from or in connection with your use of, or inability to use, Qnective's network or equipment, or the service, including the inability to make "999", "911" or other emergency service calls. This limitation includes, but is not limited to,
   damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if Qnective has been advised of, or is aware of, the possibility of such damages. Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in these terms and conditions may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then Qnective's maximum liability for any type of damages with respect to Qnective's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to Qnective hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
2. Disclaimer of third party actions and control. Qnective does not and cannot control the quality of other parties' networks to which Qnective must interconnect. Therefore, Qnective disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.
3. Waiver of liability and indemnification involving 999 and other emergency calls. The Qnective Service does not include the ability to access emergency operators and emergency services. Qnective shall not incur any liability, direct or indirect, to any person who dials, or attempts to dial "999,911" or other internationally recognized emergency numbers, or to any other person who may be affected by the dialing of the digits "999, or 911".

Customer hereby indemnifies and holds Qnective and each of Qnective's present and future directors, officers,  shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns harmless from any and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions, causes of action, encumbrances, costs, expenses (including, without limitation, reasonable attorneys' fees and expert witness fees) suffered, sustained, incurred or required to be paid by Qnective or any such other person or entity, arising out of or in connection with any personal injury or death, or injury to property, resulting from your inability to call emergency operators while using the Qnective service. You acknowledge to Qnective and each of Qnective's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns that you fully understand that it is not possible to call a 911 or similar emergency operator or to summon 911 or other emergency services while using the Qnective service.

Limitation on remedies

The service charge credits listed in this section are the sole and exclusive remedies available to you for any failure by Qnective to comply with its obligations under this agreement, whether such failure results in downtime, network congestion or outages, or any other service failure.

Entire Agreement/Severability

These Terms and Conditions, the associated EULA and additional terms and conditions as explicitly identified on the Qnective website constitute the entire Agreement between you and Qnective. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

Force Majeure

Qnective will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

Changes in Regulation

You and Qnective understand that Ofcom, the Federal Communications Commission, other regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on Qnective, Qnective is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. Qnective retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Switzerland without giving effect to any conflict of laws or provisions whether contained in Swiss law nor the laws of the User’s current state or country of residence. Any legal proceedings arising out of or relating to this terms and conditions as well as to the End User Licence Agreement will exclusively be subject to the jurisdiction of the courts of Zurich, Switzerland. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

Electronic Documents

Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.

Company Details

Qnective Inc. with offices at Thurgauerstrasse 54, 8050 Zurich, Switzerland

Additional Services, Features and Terms

Qnective will from time to time introduce additional services which you will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which you will need to agree before gaining access.

Language

We may have translated the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.

Telephone Device Access Terms and Conditions

These additional terms for mobile device users must be agreed in addition to the Qnective Standard Terms and Conditions. By using the Qnective Service via your mobile device you expressly agree to be bound by these additional terms and conditions. Qnective is not a replacement for your ordinary telephone service and you cannot make emergency calls using Qnective. However this does not prevent you from using your mobile phone for making emergency calls via your Cellular Provider as normal. If your data connection fails for any reason you will not be able to use the Qnective Service. This will not prevent you from using your mobile phone via your Cellular Provider as normal. When you download the Software you will have to register using your existing mobile phone number and an Account will automatically be generated. This is our record of your payments and usage of the service. (We use this number to identify you, to contact you via SMS re changes in our terms and conditions and to forward calls to you when you are out of range of an AP). Qnective services are add-on services to the mobile service you currently receive. You will still have to pay your normal mobile phone
service charges. Qnective is not liable for any rates or charges due to your mobile phone service provider. When you sign up for your account you may be provided with an additional unique mobile telephone number, this is your "Qnective number" This will not affect your existing mobile number (GSM Number) managed by your existing mobile service provider, and it will not affect your ability to make or receive calls via your existing mobile provider. In order to use your Qnective account you must have a valid GSM number associated with it. You may change the GSM number associated with your account, and we will keep a record of previous numbers used. You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your Qnective Account will be withdrawn and your Qnective number will be reallocated.

Directory Enquiries

Qnective will enter your Qnective Number in Qnective and 3rd Party Directories. You may choose not to do this in the Web Registration page or on the My Account page of the Qnective website or by sending an email to support@qnective.com. Qnective do not provide a paper based telephone directory.

Caller Line Identification

Our network will allow the display of your Qnective Number on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on the FAQs page. If you do not want to display your Caller Line Identification please notify us in writing to support@qnective.com.

Support

If you need assistance regarding the Qnective Software and Service, please email support@qnective.com. You can access your GSM providers' operator assistance as usual.

Other Device Access Terms and Conditions

If the device you use to access the service is not a telephone then these additional terms for device users must be agreed in addition to the Qnective Standard Terms and Conditions. By using the Qnective Service via your mobile device you expressly agree to be bound by these additional terms and conditions. You cannot make emergency calls using Qnective. When you download the Software you will have to register using your email address and an Account will automatically be generated for you. This is our record of your payments and usage of the service. (We use this email to identify you, and to contact you re changes in our terms and conditions and to forward voice mail to you if this service is active on your account). Qnective is not liable for any rates or charges due any third party service provider. In order to use your Qnective account you must have a valid email address associated with it. You may change the email address associated with your account, and we will keep a record of previous addresses used. You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your Qnective Account will be withdrawn

Connecting with Instant Messaging and Voice Calling Services

As part of the Qnective service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than Qnective ('IMV Services') Qnective accepts no liability for your use of or connection to such IMV Services. It is your responsibility to read the IMV Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IMV Services you expressly agree to their Terms and Conditions. Any breach of these IMV Services terms and conditions may also be considered a breach of the Qnective Terms and Conditions.

Partner Hotspots

As part of the Qnective services you may be provided access to some Qnective pre-"authorized" Access Points or hotspots (Partner Access Points). This is where Qnective has entered into an agreement with the Access Point Partner or controller to provide you with authorized access to the Access Point. By using the Partner Access Point you expressly agree to these terms and conditions and the individual terms identified for each Partner Access Point in addition to the Qnective Service Standard Terms and Conditions. If you do not agree to these terms and conditions you must not use the Partner Access Point. Your use of the Partner Access Point services provides you access to an Access Point that allows you to use the Qnective Service only. If you wish to access the Internet other than to make Qnective calls you must sign up for an internet access subscription directly with the Partner Access Point. There may be additional costs associated with using Partner APs. These will be clearly identified on our website, click here for more details. Any additional costs will be debited from Your Account and identified on Your Account page/bill. Your access to the Partner Access Point is supplied via Qnective, and all support queries, service or billing queries in this regard should be directed to Qnective. You will be subject to the usage policies of the Partner AP which may include service terms and conditions and reasonable use policies. Please check the individual terms for details. You agree that Qnective may use any of your personal details necessary to supply you with access to the Partner Access Point. Qnective reserves the right to withdraw your access to Partner Access Points at its sole discretion and without prior notice. Any misuse of the Partner Access Point or failure to abide by these additional terms and conditions will be deemed a failure to comply with Qnective Service Standard Terms and Conditions. Qnective may terminate your agreement immediately in the event of any misuse of the Partner Access Points terms and conditions.

This policy was last modified on August 07, 2009

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.
www.qnective.com
info@qnective.com