TERMS & CONDITIONS
General
This document represents a convention regarding the Terms and Conditions of use of the services offered through the airbytes.co.uk website. We recommend that you read carefully all the information and conditions of the services before using our products.
This document is a contract between the parties and represents an AGREEMENT for the use of the services. The services provided by the Airbytes™ provider (named below as the Provider), are conditioned to the acceptance of the provisions mentioned below. Therefore, the use of the services represents your implicit agreement with these terms and conditions.
The Terms and Conditions apply to all users of the website. By user is meant any person who accesses the website. Their purpose is to ensure that all Airbytes™ users have the same rights and interests, in accordance with the applicable rules. If you do not accept the Airbytes™ Terms and Conditions of Use, you may not use the related services. Airbytes™ reserves the right to change the terms of this agreement at any time without prior notice. Users have the obligation to periodically check the content of this document as well as telephone and web hosting prices. The continued use of the services is an affirmative response to the acceptance of the changes and the user’s agreement to comply with them.
About the Company
Airbytes™, also called “Company” or “Provider”, represents the company Airbytes Communications Limited, a company registered in England and Wales with registration number 12252637 and whose registered office is at Unit B, Brindley Close, Rushden NN10 6EN, email address hello@airbytes.co.uk. All details about the Company can be found on the webpage airbytes.co.uk/contact.
Confidentiality and Data Processing
We collect personal data exclusively for the purpose of providing the services ordered according to the current offer as well as for the registration of web domains, in compliance with the actual legislation from the United Kingdom, the confidentiality of personal data and the right to privacy being guaranteed.
The personal data provided by the User will be processed for the purpose of executing the Contract, for providing the services, invoicing and collecting the value of services, customer relations, checking and recovering debts, any other processing necessary for the proper development of the contractual relationship.
The personal data provided by the User will be disclosed to legal entities, authorities and competent public institutions, at their request, in accordance with legal provisions. We assure you that your data is secure, remains your property and no one but our staff has access to it.
Personal data means any information about an identifiable natural person. We may collect personal information such as name, surname, email address, telephone number, home address, identification number. Depending on the payment method you choose, bank account details can also be requested.
Airbytes™ pay great importance to the confidentiality of the information and will take all necessary steps to achieve this goal. However, Airbytes™ does not guarantee that any user’s use of the website will be confidential and will not be liable for any damages suffered by the user or any other person as a result of confidentiality regarding the user’s use of this website.
Products and Services
Airbytes™ services are classified as follows: cloud telephony and video telephony communication solutions, live chat, IP equipment (telephones and accessories, video and audio systems), web hosting services, web domain registration and SSL certificates.
Use of services
A: Telephone services
For the use and operation of the services provided by Airbytes™, the user must have the equipment necessary for the functionality, such as a computer, VoIP adapter, phone, smartphone, etc. Also, the devices must be connected to the internet network, and the cost for the internet is supported exclusively by the User.
For the functionality of the telephony services, the User undertakes to ensure the following minimum technical conditions:
– Guaranteed Internet connection of at least 128 kbps (no compression)
– Response times <150ms in one direction
– Jitter <30ms
– Packages loss <1%
If the User does not comply with the minimum technical conditions mentioned, Airbytes™ will not be liable for any damages. The applications provided through the Airbytes™ website are the exclusive property of Airbytes Communications Limited. Nothing in this AGREEMENT shall permit to editor create the derived applications/software, decompilation, disassembly or hacking of any software or any Airbytes™ application. The content accessed through the Airbytes™ application is and remains the exclusive property of the accessed content providers.
Emergency calls: Airbytes™ services do NOT include the supply of emergency calls. In order to make emergency calls, you will have other available telephone lines, which is your responsibility.
Airbytes™ offers its services based on the principle “as they are available” and does not guarantee either expressly or implicitly the continuous operation of the services and their availability to the user. Airbytes Communications Limited does not offer any guarantee of quality or performance, does not guarantee the absence of programming errors or security; is not responsible for any direct, indirect, accidental, loss of data, profit, business opportunities or unrealized benefits of you or any third parties with whom you are in contact or any other loss resulting from the use of the Airbytes™ telephony Services.
Airbytes™ services can be accessed from anywhere in England and Wales and abroad, but do not provide any assurance that the applications and content of the site are subject to the laws of other countries outside England and Wales. If the user accesses the services and the website, he does so at his own risk and is uniquely responsible for complying with the laws of the territory in which he is located.
Access to incoming and outgoing calls can be viewed at any time from the client account provided to the customer. If you use telephony services for your business and not as a single consumer, the relevant goods and services may also be used by employees, consultants, volunteers and other persons to whom you allow access.
The telephone services are addressed exclusively to legal entities and companies, they are not sold to the client by individuals.
A1. Account access
Access to the user account is based on individual access codes or passwords. The user is responsible for maintaining the confidentiality of the user account and password and will report to the Provider any unauthorized use of them.
The user is entirely responsible for the activities and information that are transmitted through the account as well as for the way in which it is used, regardless of whether the actions are done with or without his will. If the User notices a problem, he is responsible for contacting Airbytes™ for checks. The user agrees to use the logout option when completing the application usage session.
If the account is unauthorized accessed by someone, the Provider is not responsible in any way for these actions, damages or consequences. Airbytes™ is not responsible for the loss of user account or password confidentiality or for any damage resulting from the user’s inability to comply with security measures.
The user (called the consumer from a legislative point of view) understands and agrees, with the use of Airbytes™ applications, that the provision of electronic communications services purchased online begins after completing all the required registration formalities. The supply of electronic communications services begins, with the client’s consent.
A2.Subscription and assigned telephone number.
After creating the account, the user has the obligation to validate it by confirming the code sent to the correspondence address entered in the order form within 48 hours from its receipt. Otherwise, the account will be cancelled, and the number chosen by the user will be reallocated.
Telephony services are subscription-based, divided into three packages, as follows: Starter, Plus and Premium. The subscription is paid in advance of the use period, and the Supplier will notify the user before the expiration of the validity period of the chosen subscription.
A3. Portability and phone number change
Phone number portability is generally available, as far as the law and the provider allow. In all other cases, Airbytes™ will carry phone numbers from or to another provider. Depending on the nature of the portability, the carrying fee can be charged, communicated at the time of establishing the contract.
Airbytes™ will not accept the request to process the porting of the telephone number unless all fees are paid on time, including the porting fee.
Airbytes™ will change the customer’s phone number only if:
– the client expressly requests this;
– in extreme cases when the client is disturbed with malicious calls;
– changing the phone number is based on a legal measure;
– other economic or legal needs that force the client to change the phone number;
A4. Equipment and Delivery
The equipment necessary for the good development of the telephony activity can be purchased from the Airbytes™ website, depending on the availability of the products in stock. Delivery will take place within a maximum of 48 hours from the date of placing the order and receiving payment. If the order cannot be processed within the specified time, the customer will be contacted to communicate the delivery date.
Upon signing the contract for at least 36 months, the necessary equipment can be offered in custody. If the contract is terminated, the equipment must be returned to the supplier. If they cannot be returned, their value will be paid, as well as the transport taxes.
To deliver the equipment, you must provide us with a valid correspondence address. Before being delivered, the equipment will be tested by technical specialists and properly configured. Delivery will be made through courier services, the transport fee will be supported by the customer.
The customer has the obligation to use the telephone equipment according to the instructions for use, both in case he purchases them and in case of custody. The warranty for the products will be specified individually, depending on the equipment.
- Web Hosting and Domain Registration Services
B1. Server Resources
Each web hosting package has a certain amount of resources: space, memory and processor. If the integrity of the server is affected by the abuse of the hosting account’s resources, Airbytes™ reserves the right to suspend the account without prior notice.
All resources related to servers in production are constantly monitored. If an account consumes excessive resources, the client will be contacted to establish a mutually agreed solution. The client can always request, for a fee, a permanent or temporary resource upgrade.
The notion of “Unmetered traffic” means the bandwidth allocated for reasonable use of up to 3 TB / month and up to 5 TB / month for VPS. In case these limits are exceeded, we will contact the client for a re-offer.
B2. Content policy
Publishing on Airbytes™ servers is strictly prohibited for content or links to such content that:
- infringes or prejudices in any way the intellectual property rights of other persons or other rights;
- have obscene, pornographic or violent content;
- have defamatory or slanderous content;
- have racial or discriminatory content;
- contain viruses, Trojan horses or similar;
- contain pirated software or address those who pirate software or practice any similar activities;
The following scripts are prohibited on Airbytes™ servers:
– Proxy scripts, anonymizer;
– Scripts for IRC;
– Top site scripts;
– Online game scripts;
– Mail bomber, mass mail or any unsecured email script;
– Torrent tracker;
– Chat rooms that consume excessive resources and WAP chats;
– PhpShell and similar scripts for executing commands;
Any damage or attempt to obstruct the proper functioning of the servers is strictly prohibited. Thus, any attempt of this kind (examples: high CPU consumption, mass mailing, very frequent and/or long-lasting SQL queries) will be considered abuse and will be treated as such.
B3. Email Policy
Spam (sending unsolicited messages) is strictly prohibited by users using Airbytes™ hosting accounts.
Sending unsolicited commercial messages (Spam) to promote any site using our servers or through third-party servers to promote any site hosted by us will result in the suspension or cancellation of the hosting account, without refund.
Email lists can be operated provided that people sign up to receive messages, and the procedure for withdrawing from the lists (unsubscribing) is published in all messages. Each hosting package is limited to a defined number of emails within 60 minutes. The limit is 100 emails per hour for unauthenticated submissions via PHP scripts.
B4. Backup service
All backup services (copy of stored data) that are offered free of charge, provided through a control panel, are made available to the customer, without Airbytes™ assuming any obligation in this regard. The customer understands and acknowledges that he is the only one responsible for storing or saving his account data.
The backup service for shared web hosting packages are performed daily on the external server and are kept for at least 10 days. The backup service works to the entire account, which includes file storage, email boxes and databases. However, we do NOT offer any guarantee for the integrity of backup copies. Therefore, we recommend that all users periodically download, locally, the backup archive, available from the control panel of the web hosting account.
Airbytes™ is not responsible in any way for hacking actions on the account or as a result of erroneous actions of the user or as a result of software errors that do not belong to the provider but are only used. For example, the cPanel control panel provided for web hosting accounts belongs to cpanel.net.
In the event of failure of hardware or software errors that cannot be attributed to Airbytes™ but the producer, Airbytes™ cannot be made responsible and the User understands, accepts, and absolves the provider of direct or indirect damages to himself or third parties.
B5. Uptime Guarantee
Airbytes™ strives to provide a 100% Uptime, or at least 99.9% insured. If there is downtime, the customer account will be credited according to the chart below:
-interruption between 0 ′ and 1h15 ′ / month (100% Uptime – 99.9%): No credit
-interruption between 1h15 ′ and 3h30 ′ / month (Uptime 99.9% – 99.5%): Credit 5%
-interruption between 3h30 ′ and 7h15 ′ / month (Uptime 99.5% – 99%): Credit 10%
-interruption between 7h15 ′ and 14h30 ′ / month (Uptime 99% – 98%): Credit 15%
-interruption between 14h30 ′ and 1 days / month (Uptime 98% -96%): Credit 25%
-interruption greater than 1 day / month (Uptime below 96%): Credit 100%
The interval in which downtime is considered from the time when the customer reports the problem up to Airbytes™ notifies that the network has been restored. We will add credit to the client’s account only at the customer’s request to the sales department; it is considered downtime exclusively due to our network, and not for any other reasons. The owner of the domain is the only one responsible for its renewal.
.Ro domains are managed according the rotld.ro rules and the international extensions (.com, .uk, .info, .biz etc.) are managed according to ICANN policy.
Rules for registering .ro domains
Limitation of Liability
Whatever would be the reason for the temporary unavailability of the services, we cannot be made liable for any damages incurred. The client understands and agrees to consider us innocent and not to claim damages to him or third parties. In any case, where the user claims damages from the provider, Airbytes™’ liability, if established by a court or arbitral tribunal, resulting in any way or connection with the provision of Airbytes™ services, their total amount may not exceed in no case the equality of the total amount of the price paid for 1 month by the user, to the provider.
The user agrees to exonerate from liability and not to act in court Airbytes™ for any claim resulting from the use of the services by the user and also for any loss (direct, indirect, consequential, or otherwise), costs, actions, lawsuits, claims, expenses (including legal costs) or other liability, incurred in any way or directly caused by Airbytes™ as a result of the breach or ignorance of the User of these conditions.
Copyright
Airbytes™ has exclusive rights to the pages of the website, including everything they contain – files, images, information. They may not be copied or published on other sites or used in any way, especially for commercial purposes, without the written consent of Airbytes™.
By accessing the site, the customer has no rights over the material on the site, other than those involved in the normal use of the site.
The Airbytes™ name, the Airbytes™ logo, are registered trademarks of Airbytes Communications Limited. Other brands are also mentioned on the site. They are used by Airbytes™, either with the authorization of the owner or as a simple indication of some products or services marketed and offered by Airbytes™.
Rights, Obligations and Prohibitions
Obligations and Prohibitions
The user agrees to use the Airbytes™ services only for legal purposes, compelling in this regard not to make any of the following activities, but does not limit themselves to these:
– To publish copyrighted materials if he is not the author or does not have his permission to publish them;
– To add/remove personal information about other users, for economic purposes or to damage them;
– To upload, send or transmit any computer virus material, or any other computer code, in order to destroy, disrupt or restrict the use on each of the computers, networks, materials and programs found in the service provided;
– To modify, distribute, transmit, display, publish, reproduce, license, create derivative products, transfer or sell any information or services obtained from or through this website;
– To interfere with or affect the networks connected to the website or to violate in this way the procedural needs of the websites;
– To use the intellectual property of this website or the commercial logos;
– Carrying out fraudulent activities through the services offered by Airbytes™;
– Sell Airbytes™ services to third parties and/or redirect through Airbytes™ services telephone traffic generated in telephone networks by other subscribers;
– It is forbidden the unusual use for individual consumption, such as but not limited to many calls generated consecutively with very short durations, many calls generated to different numbers with short pauses between calls, voice traffic generated that exceeds a monthly consumption of 5000 minutes, calls made at least four times more than incoming calls;
– It is forbidden to call phone numbers to generate a volume of traffic from which to result from usage bonuses;
– It is forbidden to use the subscription for telemarketing activities, telesales or other call centre activities;
– You cannot share the subscription with other people/companies;
The Beneficiary understands that non-compliance with this stipulations may cause significant damage to Airbytes™ and undertakes to pay the value of the damages.
- Rights
– The right to use the services ordered under this Agreement;
– The right to report to the provider any irregularities that lead to the malfunction of the services;
– The right to rectify your data – from the client’s account you have the possibility to make the desired changes to your data at any time;
– The right to delete data – your data will be deleted at your request if they are no longer necessary for the performance of the contract (the purpose for which they were collected) or there are no rules that make us keep this data. Thus, the financial accounting documents must be kept for a period of 6 years starting from the date of the end of the financial year during which they were prepared (gov.uk);
– The right not to be subject to a decision based exclusively on automatic processing, including profiling;
– The right to go to court or the National Authority for the Supervision of Personal Data Processing;
According to the Electronic Commerce Law from England and Wales, with subsequent amendments, Airbytes™ will act immediately in order to eliminate or block access to any activity or information that, by its nature, may harm the rights of a third party.
Return policy
Airbytes™ complies with the England and Wales legislation regarding the guarantee of the products offered and the return conditions of the products purchased online.
Individual customers, who have the quality of consumers, have the right to withdraw from the contracts for the provision of web hosting and telephony services within 14 days from the date of acceptance of orders to Airbytes™. All amounts will be returned within 30 days from the date of withdrawal from the contract.
However, there are services that are not included in the 14-day return policy, as follows: fees for domain name registration, fees paid for dedicated servers, VPS, cPanel licenses, Webuzo, LiteSpeed, Plesk, fees for VoIP services and any other activated license and any other fees paid for optional services, other than those in the standard offer.
Payment and Billing
The delivery of the services, meaning the user and the access password to the web hosting services and for the VoIP services, is made exclusively on the email address with which you registered, only after receiving the payment of the generated invoice. If the delivery deadlines cannot be met due to Airbytes™ reasons, we will notify the customer of the estimated deadline for completion of the delivery of the services.
Customers have the opportunity to select the desired products from the online order form and pay through one of the payment methods available. The payment will be collected in GBP + VAT 20%. The payment will be considered collected when the amount reaches the provider’s account.
All services and subscriptions are paid in advance of the time in which they are provided. Initially, a proforma invoice is sent in electronic format by email, and after receiving the payment you will receive a VAT invoice related to the transaction. Before 15 days from the due date, you will receive a new renewal invoice, equal to the initially chosen period. All invoices are issued exclusively in electronic format, sent to the email address of the client account. All invoices, proforma/VAT invoice can be viewed and downloaded at any time in .pdf format from the online client area.
The provider will be able to reopen the suspended accounts for non-payment of fees only after full payment of all amounts due by the user, and only if they have not already been deleted.
Force Majeure
Airbytes™ cannot be made liable for the non-functioning of the services in case of force majeure in which we cannot have any control or influence, such as natural disasters, wars, media disruptions, cable cut, strikes, sabotage, fire, viruses, software failure of a third party manufacturer, disruptions of third party connections, utilities, or telecommunications networks, denial of service attacks, shortage or unavailability of supplies, floods, earthquakes, embargoes, actions of legal authorities, etc.
Suspension and Terminations
Airbytes™ may suspend Customer’s right to use the Services or terminate this Agreement in its entirety (and, accordingly, Customer’s right to use the Service), for a cause:
- if Customer is in breach of this Agreement and has failed to cure such breach within 30 days after written notice thereof, or immediately;
- if Customer has violated or Airbytes™ has reason to believe Customer has violated or has encouraged others to violate any provision;
- upon Customer’s liquidation, the commencement of dissolution proceedings, disposal of Customer’s assets, failure to continue Customer’s business in the ordinary course, assignment for the benefit of creditors, or if Customer becomes the subject of a voluntary or involuntary bankruptcy or similar proceeding;
- if Customer is in default of any payment obligation with respect to any of the Services or if any payment mechanism Customer has provided to Airbytes™ or is invalid or charges are refused for such payment mechanism.
Effects of suspension: after the suspension of services, in whole or in part, fees will continue to accrue inclusive of the suspended period. The customer remains the only one responsible for the reason for the suspension as well as for the payment of all taxes to Airbytes™ and any other obligations. During the suspension period, the client will no longer have access to the VoIP account, and in the case of hosting services, he will not be able to save a backup copy of his files.
The end of the contract can take place at any time the User requests this, preferably one month in advance, in the conditions in which he has all the services paid until that moment to the Provider. Notice of cancellation of the entire contract or partial services is made by email at cst@airbytes.co.uk
If the customer requests the cancellation of the contract, the amounts paid in advance are not refunded. By mutual agreement, the amount can be converted into credit in the client account and can be used for payments of other services. If the client has received goods for free included in the subscription, they will be returned to us at your risk and expense. If the goods are damaged or can no longer be returned, their value will be paid to Airbytes™.
Final provisions
The Airbytes™ Terms and Conditions of Use are in accordance with the legislation from England and Wales. The disputes will be solved amicably, otherwise being within the competence of the court in London, with the application of the England and Wales legislation. We do not offer services to persons under 18 years of age.
