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YUP END USER LICENSE AGREEMENT IMPORTANT PLEASE READ CAREFULLY: Before reading the articles below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Article 1 below:
1. The company “BefairCommunications " which offers the service under the terms and conditions defined below shall be referred to as “Service Provider”.
2. The relation between the Client and Service Provider shall begin as soon as the Client confirms its approval of these terms and conditions and the relevant service fee is delivered to YUP after it has been collected.
3. The internet access service required for making use of YUP shall be provided by the Client itself. Terms, cost and performance related to internet access are independent from the relation of the parties arising from YUP.
4. All software required for providing YUP shall be provided by the service provider.
5. The client shall be solely responsible for all transactions realized by using the cipher and user code which has exclusively been given to him, security thereof and the results of their being shared with third parties.
6. The client shall be obliged to obey the relevant laws and regulations, general ethical rules and the conditions announced in the website http://www.befaircommunications.com. Otherwise the service provider shall be entitled to suspend, stop or cancel the service. The client shall be deemed to be faulty in such a situation.
7. The service provider reserves the right to change the rules, conditions and tariffs of service, announced in the website unilaterally, without prior notice. The client can by no means claim that he was unaware of the actual changes stated in this article.
8. The service provider shall by no means be responsible for the loss incurred by the client because of the talks which have been gone lost, changed or have been communicated deficiently, while making use of YUP.
9. The responsibility of the service provider is solely limited to making it possible for the clients to make use of YUP to the extend technically possible within the framework of the provisions of this contract.
10. The service provider shall provide YUP service in proportion to the payment made by the client, taking the price tariffs announced in the website as a basis. The service provider may refrain from providing the service if the client has no credit (right of using the service to be taken from the service provider for YUP service).
11. It will be generally assumed that the service provider and its personnel has shown the due care and attention. The client who claims that the contrary is true shall be obliged to prove his claim.
12. The documents defined below shall constitute finally valid evidence whether they have been confirmed or not and without the requirement of seeking a basis, as far as relations between the service provider and the client are concerned: book records and documents of the service provider, documents published in the website www.befaircommunications. com computer records, telephone records, if any, fax records, credit card extracts of the client.
13. Alarm telephone numbers related to the YUP system (police, gendarme, medical doctor etc., 0800, 0900. BefairCommunications (YUP) shall not be responsible of the problems that may arise afterwards because of the fact that the address of the person who makes a call could not be determined due to the use of the VoIP system.
14. Technical service personal shall try to remove the technical failures that may arise in the system of YUP services offered by jonesbrotherstelecom as soon as possible. The system may remain out of service for a short time.(maximum 10 business days after the service provider has been informed of the defect). The client is not entitled to make any claims for that period.
15. The client may send all his complaints concerning the YUP service offered by the service provider, to the following email address: support@befaircommunications.com
16. The parties hereto accept that the courts and execution offices of Utrecht shall have sole jurisdiction concerning. All disputes that may arise from this contract.
17. Unreasonable Use:
A. It is unreasonable use of YUP Services where your use of YUP Services is reasonably considered by YUP to be fraudulent or to adversely affect the YUP Network or other YUP customers' use of or access to a YUP Service or the YUP Network.
B. It is unreasonable use of the free calls is reasonably considered by YUP to be fraudulent or to adversely affect the YUP Network or other YUP customers' use of or access to a YUP Service or the YUP Network.
C. It is unreasonable use of the incoming numbers where it is reasonably considered by YUP to be fraudulent or to adversely affect the YUP Network or other YUP customers' use of or access to a YUP Service or the YUP Network.
D. It is unreasonable use of a Fair Use Promotion where your participation in a Fair Use Promotion is reasonably considered by YUP to be fraudulent or to adversely affect the YUP network or another YUP customer's use of or access to a YUP service or the YUP network.
E. Among other things, "fraudulent use" includes resupplying a YUP Service without YUP's consent so that someone else may access or use YUP or take advantage of a Fair Use Promotion.
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