- 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 calls originate from Withheld/Anonymous or manipulated numbers this will deem to be outside the EEA and USA/Canada and will be subject to surcharges or calls might be rejected by the terminating carrier, which is out of our control. Origin-based pricing for EEA destinations requires special attention due to the fast evolution of the market.
- 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.
- 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.
– Spanish Mobile Numbers: In the case of Spanish mobile numbers (numbers +34 6 …) we require an advance payment of € 119.40, which is equivalent to a 12-month contract. A 15€ administration port out fee will be applied to the Megacall prepaid account to release the telephone number in question.
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 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.