1. Subject of the Contract
1.1 These general contract conditions, together with the financial and technical conditions stated in the information
material (the “Contract”), regulate the provision of the Ivoiss service (the "Service"), which allows
users to send messages, make calls and video calls for free and/or at reduced rates from suitable mobile devices, PCs
or other devices (the "Terminal"). The Service is provided by JMM COMUNICACIONS SL. with registered office
in Av. Sant Antoni 27 4A, AD400 La Massana, Andorra (hereinafter “Ivoiss”).
1.2 The Service includes a software application and, if requested and available, an additional number. The use of Ivoiss assumes, depending on the selected product, the availability by the Customer of: 1) A suitable terminal, as shown in the information material and on the website www.ivoiss.com (the Website), 2) any hardware or software accessories, as stated in the information material and on the Website, 3) SIM card of an active mobile communication operator, 4) Wi-Fi accessible coverage.
1.3 The Service complements the network of another mobile operator and does not replace the mobile communication service of the Customer. The Customer is aware that Ivoiss does not prevent emergency calls being made but may not be able to provide information regarding the location of the call; in these circumstances, it is the responsibility of the Customer to communicate the place of origin of the call. With Ivoiss some additional services and calls to some special numbers may not be available, without any liability being attributed to Ivoiss The Customer agrees that, in case of using the Service from other devices, the number corresponding to the SIM used for the registration will appear as the number of the caller.
2. Conclusion of the Contract and provision of the Service
2.1 The Customer may demonstrate his/her willingness to conclude the Contract by means of distance communication or by
other methods indicated by Ivoiss from time to time. This demonstration of willingness constitutes an irrevocable proposal.
The Customer assumes the responsibility of the accuracy and correctness of the data provided.
2.2 Ivoiss reserves the right to ask the Customer to confirm, within the terms and by the methods indicated, the proposal made by electronic or telephonic means.
2.3 Ivoiss will have the right not to accept the proposal and not to go ahead with the activation and provision of the Service where there is any circumstance which may constitute a risk for the regular fulfilment of the contractual obligations of the Customer or which may reasonably prevent or make the activation or the provision of the Service technically difficult, such as, for example, in the case of prolonged non-use of the Service for six months or more.
2.4 The Contract will be considered complete when Ivoiss informs the Customer of the acceptance of the proposal, including by electronic or telephonic means, or by activating the Service, which equates to acceptance by Ivoiss of the Customer’s proposal.
3. Consideration and payment methods
3.1 The Customer undertakes to pay Ivoiss what is stated in the Contract. The consideration may be of a prepaid
nature or deferred and Ivoiss may send an invoice.
3.2 When a pre-paid tariff plan is chosen, the Customer will make use of the Service within the limits of the pre-paid credit available. The top-up services (hereinafter the “Top-up”) may be made with a credit card on the Internet on the portal www.ivoiss.com or by other methods at various times indicated by Ivoiss. Additional charges are not applied for the Top-up, the execution of which will be confirmed with the sending of an sms or by another method indicated by Ivoiss. If the remaining credit is not sufficient to cover the fixed costs stated in the Contract, the Service will automatically be suspended, without prejudice to the right of Ivoiss to send a communication of notice. Ivoiss will charge the costs not covered by the remaining credit to the following Top-up. Once 12 months have passed from the activation date (without top-ups being made) or from the date of the last top-up, Ivoiss may consider the Contract terminated, with the expiry of any remaining credit. The credit will be de-activated, following notice being given, in the case of persistent non-use for more than 180 days, or in the case of no top-up being made for the same period of time. The Customer will have the right to request its activation in the ways and times indicated as obligatory in the commercial conditions, which should be referred to for further information.
3.3 The Customer, upon request, will have an automatic self-top-up service available ("Automatic Top-up"), or the possibility of using automatic top-up services with the pre-paid amount chosen being charged, to which the Customer hereby consents, upon the occurrence of a preset event. The Automatic Top-up may be activated on reaching a pre-defined minimum traffic threshold ("Automatic Top-up Threshold") or by time according to the parameters indicated by Ivoiss. The execution of the Top-up service will be confirmed by the sending of an sms which confirms the top-up has been made to the mobile device of the Customer or by another method indicated by Ivoiss.
3.4 Where a subscription tariff plan is chosen, the Customer undertakes to pay, in compliance with the financial conditions prepared by Ivoiss, the amounts shown on the invoice within the terms set out therein. The payment must be made according to the method chosen by the Customer from those made available by Ivoiss.
3.5 In case of non-payment, or partial payment of the consideration due, Ivoiss will charge the Customer default interest in the measure equal to the legal rate increased by five percentage points and in any case not above the rate determined in accordance with applicable law. In addition, Ivoiss will have the right to suspend the provision of the Service if a term of 7 days has passed from the receipt of the written payment notice without the payment being made. If the Customer does not arrange the payment of the amount for which a reminder has been sent within 30 days of the suspension, Ivoiss will have the right to terminate the Contract, without prejudice to further legal recovery action.
4. Duration – Renewal - Withdrawal
4.1 Without prejudice to what is set out in article 3.2 and subsequent paragraphs, the Contract is open-ended and starts
from the date of activation of the Service.
4.2 The Customer may withdraw from the Contract at any time, by informing Ivoiss with at least 30 (thirty) days’ notice by sending a duly signed request to end the contract, together with a copy of an identity document, through the appropriate section of the website set up by Ivoiss. If the Customer exercises the withdrawal during the first year of duration of the Contract, Ivoiss may ask for the reimbursement of any costs not yet recovered by it, according to what is stated in the appropriate section of the Website.
4.3 In the case of conclusion of the Contract away from the commercial premises or by distance selling, the Customer may exercise the right of withdrawal, without any penalty due, by informing Ivoiss within 10 days of the date of conclusion of the Contract by sending a registered letter with return receipt to the contact details indicated in article 7 below.
4.4 When the Contract ends, for whatever the reason, Ivoiss will make the additional number associated with the Service inactive and may assign it to other customers, in order to ensure an efficient use of the numbering resources.
5. Method of providing the Service, malfunctions and complaints
5.1 The Service does not include the provision of any hardware and therefore there is no guarantee in this regard.
Ivoiss provides no guarantee of good functioning and services relating to the Software.
5.2 Ivoiss undertakes to provide the Service in compliance with what is established in the Service Charter, available on the Website. Ivoiss will not be responsible in the case of delays, malfunctions and/or interruptions to the provision of the Service caused by: (a) force majeure, (b) tampering or actions carried out on the Service or its equipment, including the Software, provided by Ivoiss, carried out by the Customer or by unauthorised third parties, (c) incorrect use of the Service by the Customer, (d) problems attributable to the Wi Fi network, the ADSL network or to other communication networks and/or connectivity used by the Customer or a malfunction of the hardware and software equipment used by the Customer.
5.3 In addition, Ivoiss will not be responsible to the Customer, and to the parties connected to the Customer itself, for damages or costs sustained as a result of suspensions or interruptions of the Service unless they are directly attributable to the misconduct or gross negligence of Ivoiss.
5.4 If the Customer should encounter the non compliance by Ivoiss of the published quality levels of the Service, it must submit a complaint by the methods stated in the Service Charter. The Customer undertakes to promptly inform Ivoiss of all disruption.
6. Improper use of the Services, Suspension and Termination of the Contract
6.1 The Service is provided by Ivoiss for personal and not professional and/or commercial use. The Customer will not
use the Service to make communications that cause damage or a nuisance to communication operators and other users
in general, or that violate the laws and regulations in force. In each case, the Customer assumes the full
responsibility for any use of the Service by third parties and will adopt every necessary precaution.
6.2 The Customer guarantees that any communication made with the Service takes place under his/her exclusive responsibility and that the Service is not used against legal provisions or to cause offence or harm to third parties, undertaking to indemnify Ivoiss and hold it harmless against any harmful consequence.
6.3 Ivoiss may suspend, including partially, at any time, the provision of the Service, even without giving notice, in the event of network breakdowns and breakdowns to the technical equipment, of its own or of other operators. Ivoiss may suspend the Service if the Public or private Authorities report an improper use of it, where unusual traffic is recorded, such as, for example, to special non geographical numbers, numbers connected to services which involve self top-up mechanisms or cashback or with other benefits or in the case of a use of the Service which has a commercial character or which is against the law or the Contract. The scheduled interruptions of the Service for ordinary maintenance will be communicated to the Customer in advance.
6.4 Ivoiss may terminate the Contract by written communication sent even by fax or email, if the Customer uses the Service: (i) in a way which alters its characteristics and/or the tariff profile, (ii) in breach of the obligations contained in articles 2, 3, 6. This is without prejudice to the right of Ivoiss to enforce the accrued consideration for the Service provided, as well as compensation for greater damages.
7.1 All postal correspondence must be sent by the Customer to Ivoiss – JMM COMUNICACIONS SL., Customer Services,
Av. Sant Antoni 27 4A, AD400 La Massana, Andorra. The online support service will also be available at the
web address indicated by Ivoiss.
7.2 Correspondence to the Customer will be sent to the contact details on the application form. Ivoiss reserves the right to send communications by email to the address provided by the Customer.
8. Events relating to the Contract
8.1 Ivoiss may change the Contract at any time by informing the Customer in writing, by any means, with 30 days’ notice, in case the Contract contains penalising conditions for the Customer. This is without prejudice to the right of the Customer to withdraw from the Contract by using the forms and terms stated in this Contract within the following 30 days. Once that term has passed, the changes will be considered as accepted by the Customer. The Customer may not transfer the Contract.
9. Applicable law and jurisdiction
9.1 The Contract and the obligations deriving from it are entirely subject to laws of Andorra even if carried out
completely or partly abroad. For any dispute relating to the interpretation or execution of this contract the Court
where the Customer, if a consumer, is resident or has elected domicile will have jurisdiction. If, having looked at
the actual use of the Service, the Customer is not, in accordance with the applicable regulations, a Consumer, the
Court of Andorra will have jurisdiction.
9.2 The Customer which claims the violation of one of his rights or interests and intends to take legal action, must first make an obligatory attempt at conciliation.