Table of contents:
- The most important things you need to know when using Donston
- What you should and should not expect from us
- What we expect from you
- Payment and Tariff Issues
- Donston's liability to you
- How long does your agreement with Donston last for?
- Additional terms for Public Chat
- Additional terms for Subscriptions
- Additional terms for Auto-Recharge
1.1 No Emergency Calls: More important than anything: please remember that Donston does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. Donston is not a traditional telephone service or a replacement for Your primary telephone service. There are important differences between traditional telephone services and the Products. You need to make additional arrangements in order to access emergency services. It is Your responsibility to purchase, separately from the Products, traditional wireless or fixed line telephone services that offer access to emergency services. If, with Your permission, another user uses Your User Account or the Business Control Panel, it is Your responsibility to inform that user that it is not possible to support or carry emergency calls using the Products.
1.2 Jurisdiction Restrictions: If the law of Your country prohibits You from using the Products because You're under the age limit or just because the Products are not allowed in Your country, please don't use them.
1.3 This Agreement: These Terms of Service together with all updates and any Additional Terms applicable to Your use of the Donston Services, collectively constitute the legal agreement between You and Donston. To agree to these Terms of Service, click "Agree". If You do not agree to these Terms of Service, do not click "Agree", and do not use the Products. In some countries the Products may be provided by our local partner. If so, You will be asked to accept the partner's own terms of services, which will supersede these Terms of Service in case of conflict. You should print off or save a copy of these Terms or Service for your records.
Capitalized terms that are not defined in these Terms of Service shall have the meaning given to them in the End User License Agreement. In addition the following terms and expressions shall have the following meanings:
Product(s): the payable internet communications products provided by Donston in accordance with these Terms of Service;
Donston: Donston, UniReach Inc;
Terms of Service: these terms of service as may be renewed and/or amended from time to time.
These should be Your expectations when You use Donston:
3.1 Quality: Donston will try to provide the Products with minimum disruptions. However please understand that Donston can not guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products will be transmitted through public Internet lines and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communication.
3.2 Technical improvement and maintenance: Donston may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. Donston may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products.
3.3 Content of communications: Donston does not control, or have any knowledge of the content of any communication(s) spread by the use of the Products. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
4.1 Information. You will be required to provide Donston in good time with any data or information necessary for a proper provision of the Products.
4.2 No reselling. You agree not to resell the Products to any third party.
4.3 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DONSTON AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE DONSTON PRODUCTS.
5.1 Donston Credit. To use the Products You need a sufficient balance of Donston credit, which is credit purchased by You (or an Administrator of a Business Control Panel) from Donston and allocated to Your User Account ("Donston Credit"). You must deposit sufficient Donston Credit in Your User Account through Your debit or credit card, PayPal, promotional voucher, or other means which may be made available by Donston. Donston reserves the right to stop accepting debit or credit cards from one or more issuers.
5.2 Restrictions. Donston does not guarantee that You will be able to use Your Donston Credit balance to purchase all the Products. Certain Products may have to be paid separately.
5.3 Credit expiration: A payment for Donston Credit in Your User Account expires 60 days after payment date. Payment balances that are not used within this 60 day period will be lost.
5.4 REFUND POLICY
(i) Refund Request: You can request a refund for unused and unexpired Products (such as unused Donston Credit) in 7 days after you bought, by submitting a support request to Customer Support. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given for Products (including Donston Credit) that are not directly acquired online from Donston (e.g. vouchers or pre-paid cards are not refundable). If You purchase Products (including Donston Credit) via a third party partner of Donston, any refund requests should be submitted to such partner and not Donston. The partner may decide in its sole discretion whether or not to pay a refund.
(ii) Upon a duly submitted refund request, Donston will refund you the credit balance of your Donston Credit. Upon a duly submitted refund request, Donston will refund you on a pro rata basis for the unused period of a Product. 2 dollar process fee may apply when you refund.
(iii) Donston reserves the right to deny repetitive refund requests (more than once for any given type of Products).
(iv) Donston will refund the balance of Your Donston Credit in the event You terminate Your User Account(s) as permitted under these Terms of Service or in the event that Donston terminates these Terms of Services without serious cause.
(v) All refunds shall be paid to the person who initially purchased the Donston Credit or Product, either through the original payment method used, or any other reasonable payment method to be determined by Donston in its sole discretion, or Your Donston Credit shall be adjusted accordingly.
(vi) Donston reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by You of these terms relating to refunds.
5.5.1 Charges and Rates
(i) Products: You shall pay Donston any applicable charges and rates as stated on the Donston Website in connection with Your purchase and use of the Products. You will be able to pay with Your Donston Credit balance or with any other payment method available.
(ii) DonstonOut: The charges payable for DonstonOut consist of a connection fee and a per-minute rate as set out on www.donston.com.
(iii) The duration of a call for both DonstonOut shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. During the call, charges incurred will be deducted automatically from Your account.
5.5.2 Change of charges and tariffs
(i) Donston may change the rates at any time by giving a three (3) day notice of such change on the Donston Website at www.donston.com.
(ii) The new rate will apply to Your next calls after the adjustments have been published on the Donston Website. You agree that by continuing to purchase and/or use the Products following the adjustments of the rates, You accept the new rates.
(iii) Donston may change the charges payable for the purchase of Products at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing Your next purchase of the applicable Product. The new charge will apply to Your next purchase after the adjustments have been published on the Donston Website. You agree that by continuing to use the Products following the adjustments of the charges, You accept the new charges.
5.5.3 Free DonstonOut Promotions: For a limited period of time, Donston may offer free DonstonOut calls from and to certain countries. In return for offering this, Donston asks that You use the Product sensibly and don't abuse the free offer. Donston reminds You that it does not allow You to resell DonstonOut and that if Donston does see intentional misuse, it reserves the right to terminate Your access to Your User Account immediately. And by the way, if You're using any service, proxy or other devices preventing us from locating You (for example by allocating You an anonymous IP address), Donston reserves the right to charge Your calls at the normal rates, regardless of Your real location. Note that DonstonOut promotions exclude DonstonOut Premium and DonstonOut calls resulting from the activation of the "call forwarding" feature.
5.5.4 Charged in error. In the event You believe that Donston has charged You in error, You must contact Donston's customer services within 30 days after such charge. No refunds will be given for any charges which are more than 30 days old.
6.1 Limitation of Liability. IN NO EVENT SHALL DONSTON, ITS AFFILIATES, ITS LICENSORS OR THE DONSTON STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:
(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND
(ii) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).
6.2 THE LIMITATIONS ON DONSTON'S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT DONSTON, ITS AFFILIATES OR THE DONSTON STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
6.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF DONSTON FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF DONSTON, THE DONSTON STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
6.4 DONSTON'S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,000 USD (UNLESS THE LOSS IS DUE TO DONSTON'S WILLFUL DEFAULT OR GROSS NEGLIGENCE).
6.5 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER DONSTON NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE DONSTON PRODUCTS TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 1.1. ABOVE.
6.6 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. DONSTON DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, PUBLIC CHATS) OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO IN PARAGRAPH 11 BELOW. NEITHER DONSTON NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.
6.7 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.
6.8 Force Majeure. You acknowledge and understand that if Donston is unable to provide the Products as a result of a force majeure event Donston will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of Donston. In the event Donston is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. DONSTON SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
7.1 Duration. The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by Donston, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either Donston or You as set out below.
7.2 Termination. You may terminate Your agreement with us at any time. Without limiting other remedies, Donston or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to Donston's website, remove hosted content, and take technical and legal steps to keep You off the Donston Website if we think that You are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, if You purchased Donston Credit from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. Donston shall effect such termination by preventing Your access to Your User Account and to the Products and Donston Software. If You provided a valid email address, Donston may provide notice to You by email.
7.3 Update: Donston reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your User Account, in writing or by e-mail to donston support team, with effect from the date on which the revised Terms of Service would become effective. You can find the latest version of these Terms of Service.
By creating a public chat, You agree to act as the administrator of it and to take the responsibility to moderate this chat. You are responsible for defining the community guidelines regulating Your chat and to enforce them. You will have the responsibility to exclude any participant that You believe is in breach of such rules or is not acting properly. If someone reports any content of Your chat as illegal, infringing or otherwise inappropriate, You will be responsible for taking such content down. If You decide to leave Your public chat, it will be closed down unless You transfer the administration of it to someone else. If You do so, the new administrator will assume the exact same responsibilities, as if he had created the chat in the first place.
9.1 Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means).
9.2 Donston reserves the right to withdraw or change the subscriptions at any time. If Donston changes the Products included in Your subscription, Donston will send a notification by e-mail, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription, in writing or by e-mail to Donston support team, with effect from the date on which the changes are due to take effect.
9.3 In the event that there is, or Donston suspects that there is, any fraudulent activity or misuse of Your subscription, Donston reserves the right to terminate Your subscription with immediate effect and without a refund.
9.4 You may terminate Your subscription at any time. You may switch subscriptions at any time, subject to a maximum of 3 times per month.
9.5 If You choose to pay for Your subscription monthly, every 3 months or annually (as applicable), You acknowledge and agree that this is a recurring payment and payments shall be made to Donston by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by You or by Donston.
10.1 The Auto-Recharge feature will be automatically enabled when You buy Donston Credit, unless You untick the box. Your Donston Credit balance will be recharged with the same amount and by the same payment method chosen when You first sign up for Auto-Recharge, unless you subsequently change the amount by accessing Your User Account. For example, if You purchase 10 Dollars of Donston Credit with Your credit card and You enable Auto-Recharge, the recharge amount charged to Your credit card will also be 10 Dollars. In future the same amount will be charged to Your credit card every time Your Donston account balance goes below the threshold set by Donston from time to time. If You do not want to enable Auto-Recharge, please untick the box.
10.2 If You purchase a subscription with a payment method other than credit card or PayPal, and You have enabled Auto-Recharge, Your Donston Credit balance will be recharged with the amount necessary to purchase Your next recurring subscription.
10.3 You can disable Auto-Recharge at any time by accessing Your User Account.
11.1 Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between You and Donston with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Donston arising out of fraud or fraudulent misrepresentation.
11.2 Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.
11.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If Donston waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
11.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. Donston is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.
11.5 Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Luxembourg.
11.6 Language: The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
11.7 Survival: The terms of paragraphs 4.3 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO DONSTON THE RIGHTS SET FORTH HEREIN.
© UniReach Inc - Last revised: January 2013