VEZETI Code of Practice
Vezeti reserves the right to change these Terms from time to time. Any updates to these Terms shall be posted on this website. Subscribers acknowledge responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use any of the Vezeti Sites or Services after we post any such changes, means acceptance of these Terms, as modified.
By accessing one of the Vezeti Sites or our Services, subscribers accept these Terms and certify that they have reviewed these Code of Practice and Terms are within or have reached the age of majority or age 18 (whichever is greater) in their jurisdiction.
IF SUBSCRIBERS DO NOT AGREE WITH ANY OF THESE TERMS, SUBSCRIBERS ARE ADVISED TO PLEASE LEAVE THIS WEBSITE BY CLOSING INTERNET BROWSER WINDOW IMMEDIATELY. IF SUBSCRIBERS DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY VEZETI.
2. The Services
Services described on the Vezeti Sites may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Subscriber agrees to use the Vezeti Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
The Services consist of one or more of the following: a web-based interface, access to incoming telephone number or keywords, Direct Inward Dialing Numbers (“DIDs or Number Plan”), messaging applications, voice broadcast applications, SMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable subscribers to send text messages and/or voice broadcasts to recipients designated by the user/subscriber (collectively, the “Services”). We provide Mobile Termination (MT) outbound messages through different routes, and the level of reliability and support for special features varies according to the route. Subscribers are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all access charges (e.g. ISP, telecommunications) incurred while using the Services.
Vezeti only provides that the Services are processed correctly and delivered by Vezeti to the applicable network. Vezeti is not responsible for the final delivery of any communication initiated through Vezeti’s Services, as this is out of our control and is the responsibility of the communications carrier.
Vezeti transmits and receives text messages and voice broadcasts via major telecommunications companies and mobile network operators, and thus Vezeti’s influence over the timing of the transmission of Subscriber messages and broadcasts is within the technical constraints imposed upon Vezeti. While Vezeti shall use commercially reasonable efforts to transmit Subscriber’s messages and broadcasts to the applicable network for final delivery to Subscriber’s designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of Subscriber’s messages and broadcasts across the public switched telephone network and/or Internet. Subscriber should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Vezeti is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and Subscriber acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Vezeti for any such non-deliveries. Furthermore, Subscriber agree that message and call broadcast contents are deemed to have zero value.
3. Usage Policy
Subscriber shall represent and warrant that the owners of the phone numbers Subscriber provides to Vezeti through the platform, to which outbound messages and call broadcasts are transmitted through the Services, have consented or otherwise opted-in to the receipt of such messages and broadcasts. Subscriber agree that Subscriber will include clear opt-out/unsubscribe information on at least every fifth text message Subscriber sends through Vezeti’s Services and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Nigerian Communications Commission (NCC). Subscriber further, shall agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on Subscriber DNC accounts list and removed from Subscriber list of approved contacts used with the Vezeti Services and the Vezeti Sites.
Subscriber shall agree to familiarize him/herself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under Subscriber account, including without limitation the content of the messages and call broadcasts transmitted through the Vezeti Services. Without limiting the foregoing, Subscriber shall agree to familiarize him/herself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Vezeti Services by visiting the following websites:
- Nigerian Communications Commission, http://www.ncc.gov.ng/
- Federal Trade Commission, http://www.ftc.gov
- Federal Communications Commission, http://www.fcc.gov
- DoNotCall Registry Info, http://www.donotcall.gov
The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. Vezeti is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace Subscriber responsibility to familiarize him/herself with and abide by the legal requirements pertaining to Subscriber messages, call broadcasts and campaigns prior to using the Vezeti Sites or Services. Subscribers are ultimately responsible to make Subscriber’s own informed decisions regarding Subscriber’s messages, call broadcasts, and campaigns.
Subscriber shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. Subscribers are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If Subscribers are unfamiliar or unclear on the legalities of any message, broadcast or campaign, Subscriber must consult with Subscriber’s attorney prior to Subscriber use of the Vezeti Sites or Services.
Subscriber shall accept that the Services are provided for professional use only, and Subscriber agree that Subscriber use of the Vezeti Sites or Services shall not include:
- Sending unsolicited marketing messages or broadcasts (i.e. spam);
- Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
- Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
- Harvesting, or otherwise collecting information about others, without their consent;
- Misleading others as to the identity of the sender of Subscriber messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
- Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
- Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
- Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
- Interfering with another's use and enjoyment of the Services or Vezeti Sites; or
- Engaging in any other activity that Vezeti believes could subject it to criminal liability or civil penalty/judgment.
Subscriber shall agree to provide legal contact information in any outbound campaign within the initial greeting message. Subscriber shall, further agree that Vezeti is, under no circumstances, responsible for the contents and/or accuracy of Subscriber messages or call broadcasts and Vezeti will only transmit them on a basis of good faith that Subscriber use the Services in accordance with these Terms. Subscriber will provide Subscriber own sound files for all outbound campaigns. Vezeti will not be liable for any misuse of the Services by Subscriber. Vezeti is not responsible for the views and opinions contained in any of Subscriber’s messages or call broadcasts.
Customer will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the Vezeti system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by Vezeti and fines may be assessed to recover excess charges from Vezeti VoIP termination companies.
4. Content Submission / Discussion Areas
Subscriber shall agree that any information or materials that Subscriber or individuals acting on Subscriber behalf provide to Vezeti (other than information required for Subscriber use of the Services as contemplated herein) will not be considered confidential or proprietary. By providing any such information or materials to Vezeti (other than information required for Subscriber use of the Services as contemplated herein), Subscriber grant to Vezeti an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials, and Subscriber further agree that Vezeti is free to use any ideas, concepts or know-how that Subscriber or individuals acting on Subscriber behalf provide to Vezeti. In connection with such information and materials, Subscriber warrant and represent to Vezeti that Subscriber has all rights, title and interests necessary to provide such content to Vezeti, and that Subscriber provision of the content to Vezeti shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Vezeti may at its option provide Subscriber with one or more areas within the Vezeti Sites for online discussions (e.g. message boards, wikis, chat rooms, or blogs). Should Subscriber choose to participate in such a forum, Subscriber shall agree not to utilize the forum for illegal or inappropriate purposes. Vezeti reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Vezeti shall also have no responsibility or liability for any content created or posted by Subscriber or other third parties within any online forum.
5. Username / Password
As part of the registration process Subscriber will need a username and/or password. Subscriber shall provide Vezeti with accurate, complete, and regularly updated member profile information. Subscriber shall agree to notify Vezeti of any known or suspected unauthorized use(s) of Subscriber user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Subscriber username or password. Subscriber shall be responsible for maintaining the confidentiality of Subscriber password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber user account, in Vezeti’s sole discretion, and Subscriber may be reported to appropriate law-enforcement agencies.
6. Newsletter Opt-In
With the exception of Services obtained through ClubTexting.com, any email addresses submitted for a new account for use of the Services are automatically added to the Vezeti newsletter. Any email addresses submitted to Vezeti’s agent-login screen are automatically added to the Vezeti newsletter. To permanently unsubscribe to any Vezeti newsletter please email us at email@example.com or firstname.lastname@example.org
7. Intellectual Property
Subscribers are permitted to access the Vezeti Sites, the Services, and any content provided by Vezeti (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Vezeti Sites or otherwise) solely for the purpose of receiving information about Vezeti’s business and products, purchasing and utilizing the Services, communicating with Vezeti, entering prize promotions offered by Vezeti, or otherwise as stated on the Vezeti Sites. Vezeti hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to Subscriber to use the Vezeti Sites and Services solely for the purpose of operating the Vezeti Sites and using the Services.
We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the Vezeti Sites. Except as expressly provided in these Terms, the availability of the Services and the Vezeti Sites does not give Subscriber any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Vezeti Sites are the sole property of Vezeti or its licensors, each of whom reserves all rights with regard to such materials. Subscriber acknowledge and agree that Subscriber may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services or Vezeti Sites, including any proprietary communications protocol used by the Services or the Vezeti Sites without the express written permission of Vezeti. All other trademarks or trade names are the property of their respective owners.
8. Data Protection & Privacy
Subscriber further recognize that Vezeti does not want Subscriber to, and Subscriber warrant that Subscriber shall not, provide any information or materials to Vezeti that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Subscriber use of the Services is contingent on Subscriber paying for such use (whether paid in advance or through the purchase of credits on the Vezeti Sites), in the amounts and using the methods indicated on the Vezeti Sites. Subscriber payment for the Services, Credits (as defined below in Section 10), keywords, DIDs, usage-sensitive fees and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when Vezeti receives the full amount of payment owed for such Services, Credits, keywords, DIDs and/or plans. Subscribers are responsible to pay for any message or broadcast Subscribers attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Vezeti is dependent on other entities for the delivery of Subscriber messages and call broadcasts, our price per credit may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.
Vezeti will charge Subscriber indicated method of payment for the Services, Credits, keywords, DIDs and/or plans immediately upon Subscriber confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that Subscribers are responsible for any additional taxes or fees beyond those collected by Vezeti, Subscriber agrees that Subscriber will pay them when due. Subscriber account will be credited within 24 hours of Vezeti verifying receipt of Subscriber payment if it is direct Bank Payments. If Subscriber has elected to make a payment by credit card and we do not receive payment from the credit card issuer, Subscriber agree to pay all amounts due immediately upon demand by Vezeti.
Vezeti shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from Subscriber indicated payment method, nor for any actions taken by the provider of the payment method Subscriber chooses (which could include refusal to authorize the charge). In addition to these Terms, any payments made by Subscriber may be subject to the agreement between Subscriber and the provider of the payment method.
As between Subscriber and Vezeti, Subscribers are responsible for all charges related to purchases made using Subscriber account and payment method, whether or not Subscriber authorized such purchases. Standard charges apply to any test call sent originating from Subscriber account or initiated using Subscriber API key.
In the event of accidental under billing in favor of a customer, a non-payment by customer under these Terms, Vezeti shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from counsel of Vezeti’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.
Credits are paperless vouchers that Subscriber purchase and which facilitate the transmission of the Vezeti Services selected by subscriber. The chosen route as well as the destination of a call, message or call broadcast causes the amount of credits required to either increase or decrease but, in either case, will always be made known beforehand through the Pricing Page of our Vezeti Sites. The submission of a seemingly-valid message or broadcast will cause an associated quantity of credits to be debited from Subscriber account and Subscriber can obtain the real-time status of Subscriber account at any time through the online interface.
Expiration of Credits and Prepaid Minutes
Credits purchased as a part of a package or monthly plan, and not used within the month of purchase, shall not expire until after 3 years, unless the plan explicitly provides for roll-over of credits. Individual anytime, non-monthly plan credits purchased through Subscriber account expire after 18 months from the date of purchase, at which point such credits shall expire automatically, unless otherwise stated at the time of purchase. Credits are purchased on a first-bought, first-to-expire basis. Additionally, the value of credits may change over time as the cost of transmission changes, and thus Subscriber acknowledge that the number of credits needed to utilize the Services may change correspondingly. Subscriber cannot request a full refund of any unused, non-monthly plan credits. No other refunds will be given. Any unused value shall be forfeited upon expiration. All prices, per-minute rates, and billing increments are subject to change at any time due to fluctuations in market conditions.
11. No Warranty; Limitation of Liability
Vezeti reserves the right to modify, suspend, or discontinue the offering of any of the Vezeti Sites or Services at any time for any reason without prior notice. Further, while Vezeti utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to Subscriber’s computer or other property by Subscriber’s use of the Vezeti Sites or Services.
Subscriber acknowledges that calls, text messages and voice broadcasts are transmitted unencrypted and that eavesdropping of communications by third parties is possible. Vezeti recommends that Subscriber ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
Vezeti shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) Subscriber will be able to access the Services at any particular time or from any particular location. Vezeti will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in Vezeti offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE VEZETI SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, VEZETI DOES NOT WARRANT THAT THE USE OF THE VEZETI SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL VEZETI BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN SUBSCRIBER ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, VEZETI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE VEZETI SITES OR SERVICES WILL MEET ANY OF SUBSCRIBER SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. VEZETI MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. VEZETI SHALL NOT BE LIABLE TO SUBSCRIBEROR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SUBSCRIBER USE OF THE VEZETI SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, VEZETI IS NOT RESPONSIBLE FOR THOSE COSTS. VEZETI'S TOTAL LIABILITY ARISING OUT OF SUBSCRIBER USE OF THE VEZETI SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY SUBSCRIBER TO VEZETI HEREUNDER.
12. User Warranties; Indemnification
Subscriber warrant and represent to Vezeti that Subscriber has all necessary rights, power, and authority to agree to these Terms and perform Subscriber obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place Subscriber in breach of any other contract or obligation. Subscriber further warrant and represent that Subscriber will and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to Subscriber use of the Vezeti Sites and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.
Subscriber agree to indemnify and hold harmless Vezeti and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Vezeti in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) Subscriber breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the Vezeti Sites or Services. Subscriber agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at Subscriber expense, to assume the exclusive defense and control of any matter in which Subscriber is a named party and that is otherwise subject to indemnification by subscriber. Subscriber acknowledges and agrees to be held liable for any and all damages caused to Vezeti by Subscriber as a direct result of a violation of local, state, national or international laws and regulations, including but are not limited to those damages that may arise from Subscriber fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Vezeti to you.
13. Termination, Cancellation and/or Suspension by Vezeti
If at any time Subscriber breach these Terms, we may elect to suspend, terminate, and/or cancel Subscriber use of the Services and/or recover any damages from Subscriber arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by Subscriber status as being our client, Subscriber financial status or the content of the messages or broadcasts originating from you.
Upon any such termination, cancellation, and/or suspension, Subscriber is still responsible for any obligations then accrued. Subscriber obligation to pay all amounts accrued and owed by Subscriber shall continue even after any suspension or cancellation of Subscriber access to the Services (in whole or in part). Upon termination, for any reason, Subscriber agrees to immediately cease using the Services and Vezeti shall have no obligation to Subscriber after any termination or cancellation of these Terms.
Should such a termination take place when Subscriber still have credits in Subscriber account, Subscriber shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by Vezeti, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties.
The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of Subscriber use of the Services or Vezeti Sites.
14. Termination by the User
Subscriber is free to terminate or cancel Subscriber use of the Services at any time, and for any reason. If Subscriber is on a monthly plan or pay for monthly Keywords or DIDs, login to Subscriber account, downgrade to Pay & Go and cancel any Keyword or DID subscriptions Subscriber may have. Notwithstanding the foregoing, unless due to a breach solely by Vezeti that it fails to cure within thirty (30) days of its receipt of Subscriber notice, in no event shall Vezeti be obligated to refund to Subscriber the reasonable value of any unused credits previously purchased by subscriber.
15. Links to other Websites
The Vezeti Sites may contain links to third party websites. These links are provided solely as a convenience to Subscriber and not as an endorsement by Vezeti of the contents on such third-party websites. Vezeti is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If Subscriber decide to access linked third-party websites, Subscriber do so at Subscriber own risk.
Vezeti cannot ensure that Subscriber will be satisfied with any products or services that Subscriber purchase from a third party website that links to or from the Vezeti Sites, since these websites are owned and operated by independent third parties. Vezeti does not endorse any of the products/services, nor has Vezeti taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. Vezeti does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) Subscriber might be requested to give any third party, and Subscriber hereby irrevocably waive any claim against us with respect to such websites. Vezeti strongly encourages Subscriber to make whatever investigation Subscriber feels necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
Vezeti consents to links to the Vezeti Sites which conform to the following: the appearance, position, and other aspects of any link to the Vezeti Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Vezeti nor be such as to damage or dilute the goodwill associated with the name and trademarks of Vezeti or its affiliates. Vezeti reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
16. Security Rules
Subscriber is prohibited from violating or attempting to violate the security of the Vezeti Sites and Services and from using the Vezeti Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for Subscriber or logging into a server or account which Subscriber is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Vezeti Sites or Services, host or network, including, without limitation, via means of submitting a virus to the Vezeti Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Vezeti packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Vezeti may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the Vezeti Sites who are involved in such violations.
17. Force Majeure
Vezeti shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of Vezeti. In addition, Vezeti shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.
18. Choice of Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria notwithstanding its laws governing conflicts of laws. Except as hereinafter provided, any dispute arising under these Terms shall be settled and determined by binding arbitration in Nigeria Industrial Courts. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator shall be a member of a state bar engaged in the practice of law in the Federal Republic of Nigeria or a retired member of a state or the federal judiciary in the Nigeria. The award of the arbitrator shall be based on the evidence admitted and the substantive law of the Federal Republic of Nigeria (subject to any applicable preemption or supersedence by Nigerian federal substantive law) and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator, and such award shall set forth in writing the factual findings and legal reasoning for such award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit Vezeti’s access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The statute of limitations applicable under California law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder.
Anything in the foregoing paragraph to the contrary notwithstanding, Vezeti may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action Subscriber takes or threaten to take in violation of these Terms.
These Terms are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to Subscriber communications to Vezeti are applicable to these Terms in any way and are not to be considered Subscriber exceptions to the provisions of these Terms.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and Subscriber does not have any authority of any kind to bind Vezeti in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, Vezeti will be entitled to recover costs and attorneys' fees if it substantially prevails.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Vezeti may give notice to Subscriber by means of a general notice on the Vezeti Sites or Services, electronic mail to Subscriber e-mail address on record in Vezeti’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to Subscriber address on record in Vezeti's account information.
Last updated August 08, 2014.