To get the right to use Zadarma services You have to accept the terms and conditions of a given Treaty and click on “Registration”. Given Terms and Conditions extend on all Services rendered under the Treaty, concluded between Zadarma and You as a user. Services from Zadarma side can be provided by operators listed under Definitions. Besides that, the fact of using Your User Account and Zadarma services means that You are agreed with terms and conditions, contained either in this document or in its following revisions.
Emergency calling is forbidden. Zadarma services are not supposed for emergency telephone call support and can not be used for those purposes. You understand and agree with that, accepting terms and conditions of that treaty.
Jurisdictional restriction. You have the right to use Zadarma in any country if it's not contrary to the laws of that country. If You want to use this Service on the terrene where the usage of Zadarma services are not prescribed by legislation or forbidden, You have no right to conclude given treaty and to use Zadarma Services.
By accepting the terms and conditions of given Treaty You confirm that Your usage of Zadarma services on the terrene of Your living is permitted by the legislation. Moreover, if You live on the terrene of jurisdiction, the legislation of which lay under age limits on the usage of internet-applications or concluding treaties, which have a legal effect such as given Treaty do, and You are the subject of given jurisdiction who do not qualify the demands of age qualifications, You have no right to conclude given Treaty and to use Zadarma services.
By accepting the terms of this Agreement, the user confirms that he has reached the age of majority, has sufficient capacity and legal capacity and is entitled to accept the terms of this Agreement.
1.1. Account — Your account from which payments for Zadarma services are made.
1.2. Treaty or agreement - a bilateral User Agreement, under which the Operator undertakes to provide the User with communication services, and the latter undertakes to pay for them.
1.3. Emergency calling – services on providing user contact with representatives of emergency or public security centre.
1.4. Commercial user agreement — agreement for commercial users concluded with You on usage of Zadarma software.
1.5. Password — chosen by You code which coupled with Your login gives You the right to access Your Account.
1.6. Balance on Zadarma account — source to pay by user the services from zadrama.com or other services and goods which can be offered by Zadarma in future.
1.7. Zadarma number — means number, provided to Your to use Zadarma.
1.8. Zadarma software - software distributed by Zadarma for usage in sphere of IP-telephony - which provide You with possibility to use Zadarma Services, including, among other issues, new, upgraded and fixed versions of such software.
1.10. Login — chosen by You identifying code which coupled with the Password gives You the right to access Your Account.
1.11. Services — total of paid services and program possibilities provided by Zadarma, and also other services which Zadarma can offer in future.
1.12. Website - www.zadarma.com, from which You can download Zadarma software.
1.13. You, the User, — real or legal person who is a user of Zadarma services.
1.14. Operator – one of the listed companies providing services according to the User Agreement conditions:
IP Telecom Bulgaria LTD, Registration number: BG201274344, office 211, 16 Vasil Levski Str., 8000 Burgas, Bulgaria;
VOICE CLOUD S.L., Registration number: B66781501, av/Cortes Valencianas, 58-1003, Valencia, Spain - 46015;
SMARTVOICE LTD, Registration number: 12149920, 63-66 Hatton Garden, London, United Kingdom, EC1N 8LE
SMARTVOICE KZ LLP, Registration number: 200240036168, 43 Markov str., Almaty, 050040, Kazakhstan
2. GENERAL PROVISIONS
2.1.1. Speech recognition service. Within the concluded contract for the provision of communication services, solely for their own convenience and in their own interest, Zadarma Users can enable Speech Recognition service that transcribes voice data into text. The service is activated in the personal account. Zadarma does not guarantee or claim the correctness, accuracy or reliability of the results that can be obtained using the Speech Recognition service.
2.2.Warranty absence. Zadarma set a goal to provide the services with minimal interruptions. Nevertheless, Zadarma can not guarantee constant providing of uninterrupted, in-time and free of other limitations Services. You understand that as the technology functions on basis of internet-networks and public phone lines there is a possibility of appearing power failures or Internet interruptions which can lead to interruptions in process of Your usage Zadarma Services, such as delay and corruption because of partial loss of transferred data. Moreover, You understand that information transferred by switched telephone networks of public use are not encoded and can be listened by law enforcement agencies or other third organizations and persons who use public Internet-networks. Zadarma does not bear responsibility for any interruptions, delays, listening and other limitations in performance.
2.3. Control absence. You note and agree with that Zadarma does not possess any information neither about fact(s) of information exchange with the usage of Zadarma software nor about that information which is transferred in such way and does not control this process. Full responsibility for the content of information exchange lies on a person who is the source of transferred information. Consequently, You can become the receiver of information of insulting, indecent or other undesired character or harmful for children. Zadarma does not bear responsibility for the content of any informational exchange accomplished with the usage of Zadarma Services.
2.5. Technical modifications. Zadarma can make changes in technical aspects of Services accordingly to changes in consumer demand and latest technological developments at its convenience and without preliminary informing You about it.
3. USER RESPONSIBILITIES
3.2. Information. You lie under obligation to timely provide Zadarma with any reliable data and information, which proves these data, necessary for Zadarma, for due performance of its obligations on Services providing.
3.3. Temporary stop in services rendering. If any data, required for Services rendering, are not held by Zadarma or given not in time or contrary to treaty provisions, and also if You break Treaty obligations, Zadarma has the right to stop temporary Services rendering.
4. LOGIN, PASSWORD, ACCOUNT
4.2. Notification and responsibility restriction. You lie under obligation immediately in writing to inform Zadarma about any unauthorized and/or fraudulent usage of Your Login, Password and Account. Zadarma does not bear responsibility for any harm as a result of unauthorized and/or fraudulent usage of Your Login and password and also unauthorized usage of Your Account.
4.3. Changing of Login and Password. Zadarma retains the right of changing Your Login and Password with the intent of performance providing or for prevention of fraudulent usage of Your Account.
5. ACCOUNT BALANCE
5.1. Credit balance. Account balance on Zadarma is created by depositing on Your Account sum of money with the help of electronic payment system or other means of payment which can be offered by Zadarma.
6. CHARGEBACK RULE
6.1. Repayable funds. User has the right on refund from account balance. At that, amount for refund should not exceed current amount on account balance. Refund is impossible for services actually renedered. Also refund is impossible for one-time services actually rendered (for example number connection), payment for which is taken from account balance at that time.
6.2. Time limitation for refund. Funds on account balance of Zadarma can not be returned upon expiry of 360 days from the day of the last funds usage on account balance of Zadarma to pay goods and services. Upon expiry of 360 days these funds are considered as lost.
6.3. Wrong acts. Any wrong acts made by You concerning treaty provisions touching chargeback lead to cancellation of given Treaty without repayment of fund balance on Your account.
6.4. Regular payments. The user can switch off the regular (recurrent) payment any time in his/her personal account.
7. PAYMENTS AND TARIFFS
7.1.Payments. For establishment of credit on usage Services You have to transfer funds (minimal payment) in favour of Zadarma, which will be deposited on your Account.
7.2. Tariffs changing. Zadarma reserves the right in any time to change tariffs upon condition of preliminary (15 (fifteen) days) notification about such changing on web-site www.zadarma.com. The fact of Your further usage of Services after launching new tariffs constitutes as confirmation of Your agreement with tariff changes.
7.3. Positive account balance and service extension with negative balance. Zadarma paid services are provided with balance above zero and enough funds on your account balance. However, some clients can get an automatic advance payment of 20% of the cost of price plan and number renewal. In this case, the account balance becomes negative, but the services within the price plan are provided without limitations.
7.4. Payment processing. Zadarma services are provided by one of the Operators listed under Definitions (item 1.14).
7.5. Payer data. Zadarma will not sell, purchase, provide, exchange or in any other manner disclose Account or Transaction data, or personal information of or about a Cardholder to anyone, except, it’s Acquirer, Visa/Mastercard Corporations or in response to valid government demands.
8. RESPONSIBILITY LIMITATION
8.1. Absence of responsibility for direct and indirect loss. In all degree admissible by correspondent legislation Zadarma will never bear responsibility for any direct or indirect loss (including, among other issues, the loss as a result of the loss of profit, release of private and other information, interruptions in operation of a business or privacy violation and other anyway concerned with use or impossibility of the use of Services), even though Zadarma was informed about the possibility of such occurrence of loss and even though undertaken measurements had no desired effect.
8.2. Special refusal from responsibility in connection with emergency calls. Services provided by Zadarma do not include emergency calls. Zadarma does not bear responsibility for any loss or damages and whatever complaints; and herewith You refuse, under correspondent legislation, from any actionable complaints or grounds for bringing of a suit in connection with usage of Services for the purpose to call members of emergency service. You lie under obligation to protect Zadarma, under given Service provisions, from responsibility and guarantee its protection from any actionable complaints and demands for compensation for losses, damages, penal sanctions, charging, costs and expenditures (including, among other issues, legal charges) suffered by You or third persons in connection with Services providing impossibility, interruptions or disconnection of services, provided in terms of a given document, including any actionable complaints, which are the result of zadrma.com incompetency to provide an emergency call.
8.3. Provision slackitude of means for calling emergency. You note and agree with that none local or national rules, regulations or Statutes do not lay down on Zadarma liabilities on providing means of emergency calls. Besides all, You take into notice that Zadarma is not aimed for usage as a replacement for traditional telephony.
8.4.Jurisdiction limitations. Inasmuch, that some of prohibitions and limitations mentioned above do not possess legal effect, such prohibitions and limitations may appear invalid towards You. In that case, civil responsibility is limited in all degree, set by applicable legislation.
9. FORCE-MAJEURE CIRCUMSTANCES
9.1. Force-majeure circumstances. You understand and agree that in case of an interruption in providing Zadarma Services, which was a result of force-majeure circumstances, Zadarma does not bear responsibility for breaching its obligations, set by given Services Provisions. Force-majeure circumstance is an any happening, independent from will of Zadarma, including, among other issues, natural disasters, acts of civil disobedience or civil mess, war or war actions, state of emergency of national or local level, power failures, serious failures in work of the Internet, floods, earthflows and ground subsidence or severe weather patterns.
9.2. Consequences of force-majeure circumstances. In case of force-majeure circumstances, origin Zadarma lies under obligation without delay according to its lights to inform You about supposed delay or time of delay in performance of obligations in front of You. Zadarma does not bear responsibility for the consequences of force-majeure circumstances.
10. AGREEMENT DURATION AND TERMS OF ITS CANCELLATION
10.1. Duration. Treaty comes into effect when You accept its terms and conditions and remains valid till its denouncement by any of the parties in correspondence with given Services provision.
If the initial self-definition of you as a communication services user and the data you provided do not match your actual legal status and location, then, in this case, the Agreement for the provision of communication services will be considered terminated, and you will need to conclude a new contract based on your legal status and actual location with the Operator that provides services in that location.
10.2. Termination of Treaty by You. In case of impossibility to use Zadarma, due to the fault of Zadarma 10 days and more, You have the right to terminate given Agreement at Your election, upon the condition of preliminary notification of Contractor by e-mail within 15 calendar days till the supposed date of Agreement termination.
10.3. Termination of Treaty by Zadarma. Without the restriction of means of judicial remedies and lesion pay-off Zadarma can limit, stop or cease services providing and Your usage of services and Software of Zadarma, prohibit access to Zadarma, if we consider, that You violate given Services provisions, cause problems, possible civil liability, violate someone's intellectual property right, involved in fraudulent, immoral or illegal measures or by other similar reasons and without the right to appeal our measurements by judicial means. Zadarma performs such cancellation of serviced providing, informing You on Your e-mail address, which You gave to us, and (or) termination of Your access to Your Account and Services.
10.4. Effects of Treaty termination. In the case of Treaty termination for any reason, You lose all rights of Services use and must stop any usage of Services.
10.5. Preservation of conditions validity. Any conditions of Treaty, duration of which due to its essence can not be restricted by Agreement duration, remain valid after its termination or its expire of validity, including, among other issues, all Your complaints, liabilities and warranties of responsibility protection.
11. OTHER CONDITIONS
11.2. Services Modifications. Zadarma reserves the right of periodical modification of Services, e.g., to provide compliance with the requirements statutory and legislative acts. If You refuse to accept that modified Services, You have the right to close Your Account.
12. SOME PARTICULARITIES OF SEPARATE SERVICES PROVIDING
12.1. Phone number providing. Phone number providing, as well as automatic prolongation of use of phone number, are possible if there are enough funds on your account balance.
12.2. Insufficient funds. If there are not enough funds on your account balance, the phone number will be blocked. If during 7 days payment is not made, you will lose the number.
12.3. Restoring of blocked phone number. Restoring of blocked phone number is made not from the payment date, but from the date of number disconnection.
12.4. Ban on regular change of number. Temporary use of active phone numbers is prohibited. In case, if phone numbers are used by you as temporary numbers or are regularly changed, Zadarma has the right to stop providing services due to given Agreement without notification. In order to avoid the temporary use of numbers, the minimum connection period can be increased to 3, 6 or 12 months.
12.5. Incoming SMS on DID numbers. In order to avoid abuse, on 1 number is provided up to 500 free SMS per month.
12.6. Routing of external traffic. Routing of traffic from the telephone network to Zadarma network is prohibited, as any other reselling of services without agreement with the sales department. In case of violation, the account will be blocked and all outgoing calls will be recalculated in accordance with a retail tariff of telephone networks.
12.7. Number confirmation for outgoing calls. By confirming a number and setting it as CallerID (calling party’s number), a client confirms that the owner of this number has no objections to its use as CallerID in Zadarma service and that it does not contradict the telecommunications legislation of the country that issued the number and the agreement with the operator-owner of the number source.
12.8. Outgoing calls and SMS from virtual numbers. All outgoing calls and SMS from virtual numbers connected with Zadarma services have to be routed through Zadarma network. It is prohibited to direct outgoing calls and SMS messages through other networks without a prior agreement with Zadarma.