The service is strictly prepaid, unless otherwise agreed in writing. If credit is exhausted and no further funds have been received, Phoenix Solutions SL reserves the right to suspend services until cleared funds have been deposited. If the services have been suspended for lack of funds, the customer has a period of 15 days to re-activate them with a one-off cost of 10€. Once the period of 15 days has passed, the process of de-activation of all services will take place and then the closure of the account. Should the client wish to re-activate the services again, they would need to pay the corresponding costs for setup. Regarding Virtual Numbers, the timeframe for recovering these is defined by the Spanish legislation. If the Client fails to use a Service for a period of 6 consecutive months, any existing Pre-Payment Balance relating to that Service may be forfeited and retained by the Supplier, and the service will be cancelled without notice. If the client is unsatisfied with the service supplied, the supplier will return prepaid funds left on the account not including set up fees. Phoenix Solutions SL will not be held responsible for any changes of tariffs by third party providers. If You wish to dispute any payment, you should do so within 30 days of the date of receipt of such payment. Failure to do so in this period shall be deemed as you have accepted the correctness of the payment. In the event of a Direct Debit not being honoured, a charge of 3.50€ will be made to cover the cost.

Method of payments accepted for services vary depending on the country of origin.

Phoenix Solutions SL will not be held responsible for any breach of security by any third party. The client hereby agrees to implement all necessary measures to ensure the security of information and telecommunications systems, including but not limited to, all servers and PBX systems. Security measures for PBX systems must include a firewall and a static IP address. NOTE: Emergency/directory calls must be dialed via your analogue/digital line.

It is the client’s responsibility to preserve the flow of voice, recording, storage and subsequent custody of any data files and / or voice (recordings, voicemails, music on hold …) Megacall is not responsible for the loss thereof.

Upon termination or extinction of the contractual relationship, your database (voice flow, recording, storage, data archiving, voice mailboxes, music on hold, etc …) will be deleted as follows:

  • Virtual Switchboard: All Data and information stored under your Virtual Switchboard will be deleted at the same moment as the service is fully cancelled/disconnected.
  • Megadialer: All Data and information stored under your Megadialer account will be deleted 6 months after the service is fully cancelled/disconnected.Please note that all storage and data exports are the client responsibility.

The Client acknowledges and agrees that any call rates provided for under the Service Agreement are not controlled by the Company and those rates may change depending on the external market conditions. These rates can always be found up to date on the customer’s personal platform.

Origin-based pricing is the concept that calls to the same destination have different prices depending on where each call comes from.

If a call originates from Withheld/Anonymous, is manipulated/fake number and/or the CLI originates from a country outside the EEA, this will incur a surcharge on the agreed rates or calls might be rejected by the terminating carrier, which is out of our control. This includes calls without a CLI, with invalid CLI, with manipulated CLI, with CLI originating from unidentified, closed or unallocated prefix ranges, with CLI not in E.164 format, with CLI not matching ITU standards

Origin-based pricing for EEA destinations requires special attention due to the fast evolution of the market and the changes that can occur in local laws within individual countries.

Which Countries fall under “EEA”?

Countries where origin-based pricing has been implemented is listed in the table below, this can also change at any time and without notice.

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom, United States and Canada, but excludes Puerto Rico, Dominican Republic, and other ‘+1’ countries.

VIRTUAL SWITCHBOARD PLANS

The features of the virtual switchboard will depend on the plan that the user has purchased. Taking into account the following details:

* Destinations included: plans include calls to Austria, Belgium, Brazil, Canada, Chile, Denmark, France, Germany, Iceland, Ireland, Italia, Malta, Mexico, Netherlands, Norway, Peru, Poland, Portugal, Romania, Slovakia, Spain, Sweden, United Kingdom and USA.

* Basic Virtual Switchboard features: Call reports, one personal voicemail, call recording, one extension, free calls between extensions, simultaneous calls, DND (do not disturb), call waiting, call conference up to 20 people, call recording, call forwarding, password protection, voice encryption, call barring.

* Premium Virtual Switchboard features: live barge-in (listen or listen and talk to agent), music on hold, FAX, local number display, IVR standard, whispering, ring group, in & out of hours voicemail, call reports, call recording, one extension, free calls between extensions, simultaneous calls, DND (do not disturb), call waiting, call conference up to 20 people, call recording, call forwarding, password protection, voice encryption, call barring.

* Minutes included: plans can include 200 minutes, 1.000 minutes or unlimited calls to the above-mentioned destinations. If the limit of minutes is exceeded, the extra cost of the minutes consumed will be added, taking into account our rates.

* Extra minutes cost: to make calls to a destination that is not included or to increase the minutes of your plan, please contact our customer service team: sales@megacall.es

* Softphone and mobile app: all plans include free softphone and mobile app to make calls through your computer, tablet and mobile phone.

* Monthly and annual plan: the plans can be purchased for a monthly or annual payment. For the annual model you pay for 1 year in advance and there is no refund option if you cancel your account before the end of the year. With the monthly model you can cancel your account at any time without penalty.

In order to see all the details of the plans click here: https://megacall.es/en/services/virtual-switchboard/#packs

MEGADIALER

Initial credit of 250€ minimum, non-refundable which can be used as credit. Top ups also minimum of 250 euros.

VIRTUAL NUMBERS (DDI)

Phoenix Solutions SL will not be held responsible or liable should there be any lapse in DDI presentation due to documentation provided by the client.

Customers shall comply to all relevant laws, regulations, conditions and usage restrictions provided for in the applicable regulatory framework, including from the National regulatory authority in the country in which the numbers will be used and provisions in numbering plans. It is the Customer´s responsibility to abide by the specific usage restrictions and service conditions that may apply to the service and to the numbers in the country in which the customer intends to purchase the service. If at any time during the term of the agreement, the customer is informed or information comes to its attention that it is or may be in violation of any legal or regulatory provision, it shall immediately take all appropriate steps to remedy such violation and comply with such law. Port out of virtual numbers to other carriers may incur administration fees.

To consult the CNMC regulation of Spanish mobile numbers click here.

MEGAMOBILE

The app used for this service is a free third-party application and Phoenix Solutions SL will not be held responsible for any disruption in service causing calls to be routed through your current Mobile carrier. Phoenix Solutions SL prompts the client upon routing a call through the MegaMobile system. If this prompt is not heard you must contact administration or support with immediate effect to avoid any further disruption of service.

LIMITATION OF USE OF PHOENIX SOLUTIONS SL SMS SERVICE

You agree that you shall not use the Phoenix solutions SMS service to procure payment for any content or services related in any way to: Gambling or similar services; or Adult content (including without limitation explicit language, nudity, or other content as deemed inappropriate for under 18’s) You shall not access, store, distribute or transmit any viruses or any material during the course of its use of the Services that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity and/or promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or causes damage or injury to any person or property.

Phoenix Solutions S.L. reserves the right, without liability to you, to disable your access to any material that breaches the provisions of this clause.

According to the law:

You are solely responsible for any illegal action arising out of or related to the content and its services (either transmitted on its own account or on behalf of a third party). If Phoenix Solutions is notified or has knowledge of content that violates the requirements of these legal terms, it may (although not be obliged to), immediately suspend Megacall services, and / or terminate these terms. Phoenix Solutions will not be responsible for any damage caused by you due to such actions.

You will be responsible for ensuring that all licenses, permits and authorisations that are necessary or convenient for the provision of your services and for each transaction are in legal force.

In any marketing of your service, you are responsible for providing all information specified and / or required by any law, including price references with the sale price that end users will have to pay for the use of the Service.

Phoenix Solutions is not responsible for any matter or thing related to its services.

Government Law

These terms will be governed and interpreted in accordance with the laws of Spain and the parties to this agreement are subject to the exclusive jurisdiction of the courts of Spain for the purpose of enforcing any lawsuit that arises.

Payment

Payment in advance of service charges will be made when an SMS has successfully reached its destination. In the event the destinations equipment is switched off for longer than 48 hours the SMS will still be charged. The service will not be charged if the number allocated does not exist.

Service Suspension

Phoenix Solutions may terminate the agreement or choose to suspend the provision of a service until further notice if the customer account is depleted and cannot provide sufficient funds. Phoenix Solutions will not be responsible for any loss, damage or inconvenience suffered by the customer as a result of any suspension made due to non-compliance. In no case will the Client be entitled to receive any compensation for said suspension.

Phoenix Solutions SL will not be responsible in event of delays or service failure due to our supplier.

Free Trial Conditions of Virtual SwitchBoard

  • Full use of the Megacall phone system for up to 14 natural days.
  • Maximum of 5 users.
  • 250 min talk time to be shared between all users of the Organisation.
  • Calls to European Economic Area (EEA), UK, South America and China. (Excluding Switzerland and Austria)
  • 1 Standard virtual number*.
  • Excluding Switzerland and Austria.

*The number is subject to availability and the country´s restrictions. For free trials of Mega SMS it will depend on the necessities of each company. Please check with our Customer Services team.

Free Trial Conditions of Megadialer

  • 5€ credit or 14 calendar days of use.

Free Trial Conditions of SIP Trunk

  • 5€ credit or 14 calendar days of use Geographical test number if necessary*
  • 15 channels and 3 CPS (calls per second)
  • Calls to European Economic Area (EEA), UK, South America and China. (Excluding Switzerland and Austria)

*Contact our sales department for geographic number availability

Spring Sale 2021 Conditions

  • 20% discount on the entire bill from the set up date until 30th June 2021.
  • This promotion is applicable to all new customers who sign up in the spring period – April, May or June- and who have an active account during those dates.
  • 20% of the bill will be credited back to your Megacall account after 30th June 2021.
  • This promotion is only applicable when signing up for any plan within the Virtual Switchboard (PBX) and SIP trunk services.
  • The earlier you sign up, the greater the discount on your bill.

Summer Sale 2021 Conditions

  • 15% discount on the total quote when obtaining any of the services offered by Megacall.
  • The promotion is valid from 1st July to 31st August, 2021.
  • This promotion is applicable to all those new clients who sign up in that period.
  • Discounts are not applicable when contracting the Megadialer and SIP trunk service without an additional service. The discount will be applied to the additional service: calling plans, virtual number, switchboard, etc.

VoIP Packs & MegaPlans Conditions

Calling plans include regular fixed line numbers and most mobile phones and are subject to a fair usage policy.

Fair Usage Policy

Phoenix Solutions fair usage policy (“FUP”) is designed to prevent fraud and abuse of our products.

The following is a non-exhaustive list of practices that would NOT be considered Legitimate Use:

  • Using subscriptions for telemarketing or call-center operations;
  • Re-selling subscription minutes;
  • Sharing subscriptions between users;
  • No more than one geographic number included per account.
  • Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications: and
  • Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.

Other practices may be relevant in determining Legitimate Use and Phoenix Solutions reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Phoenix Solutions may at its discretion, terminate or suspend its relationship with you, and your use of any other Phoenix Solutions product immediately if it determines you are using the product contrary to this FUP.

Subject to this FUP, Phoenix Solutions unlimited subscriptions allow unlimited calls to landlines and most mobile numbers in the applicable subscription countries (excluding special, premium, service and non-geographic numbers) for the time period specified at the time of purchase. Destinations and terminating numbers can be changed at any time and without notice. Unknown/withheld calls are not supported. We deem fair usage of a customer per user/channel not to exceed 1000 minutes per month.

SIP Trunk Conditions

Free Set up, no monthly costs, or minimum contract term.

Up to 50 channels bi-directional free of charge, for increased channels, please speak to a member of Megacall Team for pricing.

On demand of its customers, Megacall will authenticate any given IP address to connect to its SIP server. If the given IP is false or is not uniquely assigned to the customer’s account by his hosted VoIP switch provider, Megacall will not be held liable.

It is the responsibility of the customer, not allowed to alter/amend or create a CLI other than originally assigned to the caller (spoofing). If and when Megacall, or any of their affiliates, find any evidence of spoofing or have the suspicions of any wrongdoing by the customer, Megacall will have the right to suspend services immediately and charge all subsequent costs to the outstanding customer balance without further notice, notwithstanding the right to full reimbursement.

Megacall allows you to pass one or more CLI values when you use our termination service. These values will be passed out onto the Public Service Telephone Network.
Three main types of CLI are supported by our network. These are:

  • Network Number: This is a valid telephone number which represents the end-users network endpoint. This is normally the same as the subscriber number which has been allocated to the line.
  • Presentation Number: This is a used where the caller desires a different number to be seen by the called party on any display technology. This number must always be a valid telephone number that is associated with the end-user. Normally this would be a direct dial for an extension number of a PBX or a non-geographic number associated with the business.
  • Last Diverted Number: Where call diversion is active, this is the network number of the line that performed the call diversion feature. If there has been more than one diverts leg, this is always the last one.

You will only pass CLI to us that is known to be true by you and allocated to the subscriber making the call. This can be achieved by three means:

The CLI value is assigned by your equipment to the call and overrides any number sent by the user. The value assigned is a telephone number that has been issued by us to you, or you have written authority from another network operator allocating the number to you or your end-user.

The CLI value has been obtained directly from a recognised PSTN network operator.

The CLI value has been passed to you by us.

You may pass CLI from other IP networks as long as you have a reasonable belief that the CLI has not been manipulated and would have been assigned to the user initiating the call. You will not allow the user to control the CLI themselves, or use a CLI that has come from any ‘untrusted’ source.

You accept that due to issues with network interworking it is not always possible for all three Call Line Identity types to be preserved and sometimes only the Presentation Number will be transmitted, or Network Number if no Presentation number was present.

You accept that in the event of any complaint received by us caused by any incorrect, false or otherwise confusing presentation of CLI data by you to us we may block traffic from the said CLI/CLI’s without notice.

Minimum calling traffic stats:

ASR: >50%
ACD: >60 seconds

CC traffic is subject to upstream carriers’ terms and conditions therefore we have no control over service levels.

3CX Conditions

3CX is a third-party software in order to see their policies click here.

Terms of Sale

These provisions are intended to regulate the use of electronic sales services of the different goods and services offered by Phoenix Solutions S.L. merchant company that operates through the Internet from its website www.megacall.es and your phone +34 952 667 511 selling their IP phones and accessories to their customers

Phoenix Solutions S.L.

CIF B92954536 provides its sales services through electronic commerce on the Internet on the website www.megacall.es and by phone at +34 952 667 511. Your contact address is the email info@megacall.es

CLARITY AND TRANSPARENCY IN INFORMATION. Phoenix Solutions S.L., in compliance with the provisions of art. 10 of Law 34/2002 of July 11, through its website and these General Conditions, allows access by electronic means in a permanent, easy, direct and free way to the comprehensive information of your business name (data tax, registration, address and communications address), as well as customer data, exclusive access to it, which are held by the Company.

CONFIDENTIALITY OF DATA AND INFORMATION PROVIDED BY CUSTOMERS AND USERS. Phoenix Solutions S.L. undertakes not to use the personal data of its customers or users for purposes other than or outside the purpose of contracting the services it provides, ensuring appropriate confidentiality, loss or alteration and unauthorized access to said services data.

SECURITY IN TREATMENT, COMPUTER PROCESS AND DATA CUSTODY. Phoenix Solutions S.L. declares and guarantees the complete submission and effective fulfillment of the guarantee and security processes contained in the Data Protection Law LO 5/93 of October 29, Regulation of the Automated Processing of Personal Data.

ADVERTISING AND CUSTOMIZED CUSTOMER OFFERS. Phoenix Solutions S.L. Through the email or personal address of the client, you can send offers and information as long as the customer, in advance, accepts this method that will be expressly requested in the customer registration process.

LISTS OF PRODUCTS AND PRICES. In the interactive electronic and telephone purchase process, the following steps will be followed according to the options menu on the Phoenix Solutions SL website; www.megacall.es

Information on the product offered to the customer: technical characteristics, description, warranty period, manufacturer’s mark, indicative photography (if applicable). The product purchased may suffer, due to the availability of the manufacturer, non-substantial changes in the components, characteristics or features of the lot that integrate it, as long as they do not imply a demerit of the qualities and benefits advertised.

Information on the price of the product: information on the final price or sale price to the public of the product to be purchased, containing the final cost to the customer and including VAT, shipping costs and insurance of goods and handling derived from transport . The final cost, therefore, will be communicated to the customer in the electronic purchase process before it formalizes its acceptance.

Possible discounts or promotional gifts will be freely directed by Phoenix Solutions S.L. to the groups designated at any time by Phoenix Solutions S.L., or depending on the product offered, according to the advertising existing at any time on its website.

The prices published on the page do NOT include VAT.

Prices published in www.megacall.es may be reviewed and modified if conditions require it at any time.

Products on offer. All products that Phoenix Solutions S.L. offer on your website www.megacall.es with some type of discount will appear on the web until the end of promotion or while stocks last, in which case the product will disappear from the web. To guarantee the customer the certainty and security of the price of their products, this will be the one in the advertising coinciding with the moment of placing the order.

In regards to new regulations which will affect various countries, may incur a 0.35€/min surcharge in any of the following cases:

a) Calls received without identification of number A (origin number).

b) Calls received with an incorrect A-number format, in a content format, which makes it impossible to clearly identify the origin of the call and / or calls with an invalid, modified or manipulated A-number.

In the event that billed calls are detected after a closed billing period in which the A number has been modified or manipulated, or the A number is invalid, Megacall reserves the right to retroactively bill such calls according to the conditions indicated in this notification.

TERMS FOR WHOLESALE TRAFFIC

WHOLESALE – we will require a minimum of ASR: < 40% and ACD: < 30 seconds and will be subject to a 1000€ minimum payment.

Returns

Any request to return goods must be made in writing within 14 calendar days after delivery.

If the goods ordered do not meet the expectations of the Client, they can be returned to Phoenix Solutions under the following conditions:

  1. The product must be in perfect condition.
  2. Any request to return goods must be made in writing within 14 calendar days after delivery.
  3. Shipping costs and risks will be responsibility of the Client.
  4. Once received by Phoenix Solutions, the returned items will be checked thoroughly to ensure that the product, packaging and parts are intact.
  5. No refund will be made if the goods returned have been modified, customized, altered, damaged or are incomplete.

Once this period is over, products are guaranteed for 2 years.