Terms and conditions - Megacall

Terms and conditions

Megacall is a trading name of Phoenix Solutions SL

Megamobile is a trading name of Phoenix Solutions SL

MegaDialer is a trading name of Phoenix Solutions SL

These terms and conditions are the terms of use by which you may make use of this website www.megacall.es, whether as a guest or a registered user. Use of the Website includes accessing, browsing, and/or registering to use the Website or any of its sub-domains including any content, functionality and/or services offered on or through the Website. Please read these Terms carefully before you start to use the Website, as these will apply to your use of the Website.

By using the Website you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must exit the Website immediately and refrain from using it.

Other Applicable Terms

These Terms refer to the following additional terms, which also apply to your use of the Website:

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws. In the event that you breach these Terms, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made or obtained from the Website.

Information About Us

The Website, its domain name and associated sub-domains are operated by Megacall. We are registered in Spain and have our offices at Camino de las Cañadas nº 1D Portal 4, Centro de Negocios Martin Buendia, 1ª planta Oficina 4, 29649 Mijas, Málaga, Spain.

If you have any questions, complaints or comments on the Website then you may write to us at the above address or email us at info@megacall.es

Changes to These Terms

We may revise and update these Terms at any time by amending this page. All such changes take effect once they have been posted on the Website. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. Your continued use of the Website following the posting of any revised Terms means that you accept and agree to the changes.

Changes to the Website

We are constantly looking for ways to improve the Website. Therefore, we may update and change the content of the Website at any time. However, please note that at any given time, some content on the Website may be out of date and, except as required by law, we are under no obligation to update it.

Reliance on Information

All content on the Website is provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or make any promise (whether express or implied) in respect of the Website or its content, including, without limitation, its accuracy or completeness or any advice given and statements made on or via the Website or any forward-looking statements. Therefore, we disclaim, to the fullest extent permitted by law, any and all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the Website, or by anyone who may be informed of any of its contents. Any decisions or actions taken by you on the basis of information provided on or via the Website are at your sole discretion and risk and you should obtain professional or specialist advice where necessary. Nothing in this paragraph shall restrict your statutory rights (including your rights to receive a reasonable standard of service).

Accessing the Website

The Website is offered as a service to you and your access is permitted on a temporary basis. We reserve the right to suspend, withdraw, discontinue or amend all or any part the Website without notice to you.

Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not represent or guarantee that the Website, or any content on it, will always be available or be uninterrupted or free from errors or omissions.

We take reasonable precautions to prevent viruses and malicious code on the Website. However, you are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software and you are responsible for ensuring that anything downloaded from the Website is suitable for use on your computer and is free from viruses and malicious code. Accordingly, we exclude, to the fullest extent permitted by law any, and all liability that may arise in connection with or as a result of any failure to do so.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

We will not be liable if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website. You are also fully responsible for ensuring that any person who has access to the Website through your internet connection is aware of these Terms and that they comply with them.

You may access most areas of the Website without registration. However, we may at our sole discretion restrict access to all or some parts of the Website to limited groups of users such as users who have registered with us.

Registration & Account Security

To access any restricted areas of the Website, you may be asked to provide certain registration details or other information. If you choose, or you are provided with, a user identification name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

If you know or suspect that anyone other than you knows your user identification code or password, or if you become aware of any unauthorized use of your user name or password or any other breach of security, you must promptly notify us at info@megacall.es You should ensure that you exit from your account at the end of each session and you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

 Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the entire Website (including, without limitation, copyright and database rights (including software) and any logos or trademarks (whether registered or unregistered) and in the material published on it, including, without limitation, logos, graphics, photographs, animations, signage, livery, get-up, videos, audio, stationery, publications, reports and text). Those works are protected by Phoenix Solutions SL and international laws regarding copyright, trademark, trade secrets and other intellectual property or proprietary rights around the world.

Your use of the Website and its contents does not grant you any rights to our intellectual property or the intellectual property of third parties in the Website and its contents.

Unless otherwise stated, third parties (e.g. business partners, customers and associates) who publish their content on the Website retain full copyright ownership of their material.

Other than as expressly permitted in these Terms, you may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website.

You may download or print insubstantial extracts of the content of the Website to your hard disk for the sole purpose of viewing it. In downloading or printing any content from the Website, you must not remove or amend any trademark, copyright notice or other proprietary notice, legend or restriction including product identification details from any of the material or information contained on pages of the Website. In addition, you are not allowed to modify, in any way, the paper or digital copies of any materials you have printed or downloaded.

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. You may not copy or republish any such information in any other manner without our prior written consent.

Any use other than that permitted under this section may only be undertaken with our prior express authorisation.


Megacall is a registered trademark of Phoenix Solutions SL. In addition, certain words, phrases, logos, icons, graphics or designs used on the pages of the Website may constitute trade names or registered or unregistered trademarks of ours or our affiliated companies. The display of any trade names or trademarks on the Website does not imply that any licence has been granted to you.

All third party product or company names, devices, logos, icons, graphics or designs referred to on the Website are or may be trademarks of their respective owners and are exhibited in good faith and in such a manner as intended to be for the benefit of such trademark owners. We do not give permission for their use by any person other with the consent of their owners. Any such use without consent may constitute an infringement of the owner’s rights. The appearance or absence of any third party products, services, companies, organisations, homepages or other websites on the Website does not imply any endorsement or non-endorsement by us.

Your Conduct & Use of this Website

You may use this Website only for lawful purposes and in accordance with these Terms. You agree to use the Website (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which you access the Website.

You agree that in using the Website (or any part thereof) you will not:

Your Legal Obligations

You confirm that:

You agree to compensate us in full from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of a third party.


You agree to defend, indemnify and hold us harmless, our affiliated companies and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against all claims, liability, damages, losses, costs and expenses, (including legal fees) arising out of any breach of the Terms by you (including in relation to any Materials submitted by you) or any other liabilities arising out of your use of the Website other than as expressly authorized in these Terms or your use of any information obtained from the Website or the use by any other person who accesses the Website using your internet account.

Our Legal Obligations & Limits on Liability

Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or negligence neither by our employees or agents nor for any other liability which cannot be excluded or limited under applicable law.

We do not accept any liability for:

To the extent permitted by law, we and our affiliated companies hereby expressly exclude:

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

Linking to the Website

You may establish a link to the Website provided that:

To establish a link to the Website, you give us prior written notice of such link by sending an e-mail message to us at info@megacall.es

We reserve the right to withdraw your linking permission without notice and you must immediately stop providing links to the Website if notified by us.

Links to Third Party Websites

We may provide links to other websites from time to time (via advertising or otherwise). We do not supply reciprocal links to third party websites solely because they have linked to us. These links are provided for your ease of reference and information only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites nor any association with their operators.

If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not, to the fullest extent permitted by law, be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.


We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We also reserve to right take any action to prevent the unauthorised use of our intellectual property rights.

We may co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching or in breach of the Conduct and Use of the Website Section above or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Website. You waive and hold us harmless from any claims resulting from any action taken by us during or as a result of its investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.

We may investigate any reported breach of these Terms or complaints and take any action that we deem appropriate (which may include, without limitation, removing any of your information, issuing warnings, suspending, restricting or terminating your access to and/or removing any Materials from the Website. We also reserve the right at our discretion to suspend, restrict or terminate your access to this Website at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions in the Conduct and Use of the Website section above.

Severance & Waiver

If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions shall continue to apply.

No waiver of these Terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Terms of Service

SWITCHBOARDS/PBX SYSTEMS – Phoenix Solutions SL (Megacall) 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 dialled via your analogue/digital line.

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

Origin-Based Pricing for European destinations

This price change reflects recent developments in the market.

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 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.

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.

PAYMENT – 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. Service fees will be taken monthly in advance. Any top-up under 50€ will incur a 3€ admin fee inc. tax. 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. 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.

Customers shall comply to:

All relevant laws, regulations, conditions and usage restrictions provided for in the applicable regulatory framework, included from the National regulatory authority in the country in which the numbers will be used and provisions in numbering plans.  Customers responsibility to abide by the specific usage restrictions and service conditions as 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, 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.

Governing Law & Jurisdiction

In the event of any dispute between you and us concerning these Terms or any claim arising from, or related to, a visit to the Website, the laws of Spain will apply without giving effect to any choice or conflict of law provision or rule. If you wish to take court proceedings against us you must do exclusively courts of Spain. However, we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Free Trial Conditions of Virtual Switchboard*

*For the free trials of our other products: SIP Trunk, MegaDialer & SMS it will depend on the necessities of each company. Please check with our Customer Services team.

MegaPlans Conditions

Calling plan includes regular fixed line numbers and most mobile phones and subject to fair usage plan.

Fair Usage Plan

Phoenix Solutions’s 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 centre 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 option, 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 not to exceed 1000 minutes per month.


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 returned in perfect condition.

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

3- Costs and risks of transport will be the 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, product are guaranteed for 2 years.

Bria Stretto Conditions

Megacall requests 3 months rental of 15.10€ upfront when purchasing this softphone.

Megacall requests 3 months notice for cancellation. From date of written cancellation no further charges will be made.

For all other information regarding this softphone visit CounterPath web.

3CX Conditions

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

Your Concerns

The Website is controlled and operated by Phoenix Solutions SL (Megacall) from Spain. We make no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

If you believe that there has been any breach of your intellectual property rights or that you have been subject to a defamatory statement, please notify us straight away at the address below, providing us with: (1) written and verifiable confirmation that you are, or are authorised to act for or on behalf of, the owner of the intellectual property right or the person who alleges the defamation; (2) the nature of the offending material including the location of it on the Website; (3) your full name, telephone number and address including any email address; (4) a statement by you that the claim being made is accurate and true to the best of your knowledge and belief. Claim notifications should be sent to by email to info@megacall.es or in writing Camino de las Cañadas nº 1D Portal 4, Centro de Negocios Martin Buendia, 1ª planta Oficina 4, 29649 Mijas, Málaga, Spain

If you have any concerns about material which appears on this Website, or if you wish to report any inaccuracies or faults on the Website, or if you have any other suggestions about how the content can be improved, please contact us at the address below.

If you wish to make any use of material on the Website other than that set out above, please contact us at the address below.

If You have any questions concerning these Terms please contact us at info@megacall.es

All rights not expressly granted in these Terms are expressly reserved by Phoenix Solutions SL

These Terms are dated:

May, 24th 2019

BBC - Comisión del Mercado de las Telecomunicaciones - Agencia Española de Protección de Datos -