These Terms of Service (the "Agreement") are an agreement between ILLYSOFT, LLC ("ILLYVOIP", "ILLYVOIP.com", "ILLYSOFT", "us", "our", or the “Company”) and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by ILLYVOIP and of the ILLYVOIP website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Customers agree to all these Terms of Service upon opening an account with ILLYVOIP and/or using its signup form and/or its customer service, by email or phone.
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies: Privacy Policy.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including your business email address. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. ILLYVOIP is not responsible for any lapse in the Services, including without limitation. If you need to verify or change your contact information, you may utilize the ILLYVOIP Control Panel to update your contact information. Providing false contact information of any kind may result in the termination of your account. In certain cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
The Service and any data you provide to ILLYVOIP is hosted in our datacenter in Republic of Kosovo. If you access the Service from outside of the these countries, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the Republic of Kosovo and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of these countries, and not necessarily of the jurisdiction in which you are located.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "ILLYVOIP Content"), are the proprietary property of ILLYVOIP or ILLYVOIP's licensors. ILLYVOIP Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ILLYVOIP Content. Any use of ILLYVOIP Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any ILLYVOIP Content. All rights to use ILLYVOIP Content that are not expressly granted in this Agreement are reserved by ILLYVOIP and ILLYVOIP's licensors.
ILLYVOIP may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
ILLYVOIP does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. ILLYVOIP is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
ILLYVOIP may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-ILLYVOIP Products"). ILLYVOIP shall not be responsible for any changes in the Services that cause any Non-ILLYVOIP Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-ILLYVOIP Products, either sold, licensed or provided by ILLYVOIP to you will not be deemed a breach of ILLYVOIP's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-ILLYVOIP Product are limited to those rights extended to you by the manufacturer of such Non-ILLYVOIP Product. You are entitled to use any Non-ILLYVOIP Product supplied by ILLYVOIP only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-ILLYVOIP Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-ILLYVOIP Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
The Services may contain links to other websites that are not owned or controlled by ILLYVOIP ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the Republic of Kosovo Governmentor or other Republic of Kosovo authorities. You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of Republic of Kosovo Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is banned from Republic of Kosovo Government or it’s target of sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify ILLYVOIP of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to ILLYVOIP's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. ILLYVOIP may report any such misuse or fraudulent use, as determined in ILLYVOIP's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have three (3) days to dispute any charge or payment processed by ILLYVOIP. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
ILLYVOIP complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. ILLYVOIP does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
You may terminate or cancel the Services by submitting a ticket in our: support system. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) ILLYVOIP may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
A Customer can ask for a refund of its unused balance, which will be governed as following: If a Customer made a first deposit and did not use its credits for the reason that he can't use the service, for any reason, we will refund 100% of the un-used amount to the customer; If a customer made a deposit and does not want to continue with the Service, for any reason, the Company will refund the Customer in whole, for any unused pre-paid balance (total amount of deposits minus the usage by the customer), upon request, for all new deposits made within ninety (90) days of such request of refund. Any other amounts will not be refunded to the Customer, but will still be available for use.
No refunds will be provided if you use any of the following methods of payment: Bank Transfer, Bitcoin/Crypto. If you use any of these payment methods, any applicable credit will be available for use instead of a refund.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights to get a refund.
There are no refunds on call recordings subscriptions and did number subscriptions.
You may terminate or cancel the Services by submitting a ticket in our: support system. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) ILLYVOIP may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket number in the subject line for your reference and for verification purposes. ILLYVOIP will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Euro and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and ILLYVOIP is not responsible for any change in exchange rates between the time of payment and the time of refund.
ILLYVOIP may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm ILLYVOIP or others or cause ILLYVOIP or others to incur liability, as determined by ILLYVOIP in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, ILLYVOIP shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, ILLYVOIP may charge you for all fees due for the Services for the remaining portion of the then current term.
*UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, VOICE RECORDINGS AND OTHER DATA WILL BE DELETED PERMANTENTLY.
We offer 99.9% uptime guarantee in monthly basis. This uptime guarantee does not apply to planned maintenance. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
ILLYVOIP offers you the possibility to record your phone conversations, to your entire and sole discretion. You should be aware that the laws regarding the notice and notification requirements, legality and use of such recorded conversations vary from country to country, state to state or province to province. As such, your recording of such conversation might be illegal, therefore you should make the proper verifications. By requesting or using the recording feature, you acknowledge and agree to be solely and entirely responsible for complying with all international, federal, state, provincial and local laws and regulations in the relevant jurisdiction when using this feature, and you warrant to ILLYVOIP that you are acting legally. You expressly acknowledge and agree that ILLYVOIP will not and cannot be held liable for any and all claim, directly and indirectly related to your recording of phone conversations. Without limitation to the Terms of Service, you agree to release, indemnify and to hold harmless ILLYVOIP from and against any and all claims, damages or liabilities of any kind related directly or indirectly to the recording of any phone conversation using the Service.
Be aware that Emergency Service can not be called through ILLYVOIP.
We don't offer coupon codes or discounts.
In no event will ILLYVOIP its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if ILLYVOIP is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ILLYVOIP's liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to ILLYVOIP for the services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You agree to indemnify, defend and hold harmless ILLYVOIP, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the Basic Court of Prishtina ("BCP", “Gjykata Themelore e Prishtinës”, “Arbitrator”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be held at the BCP location chosen by ILLYSOFT in Prishtina. Payment of all filing, administrative and arbitrator fees will be governed by the BCP rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ILLYVOIP will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the BCP shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The BCP, and Republic of Kosovo state law, governs all arbitration under this paragraph. All decisions rendered by the BCP will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and ILLYVOIP alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against ILLYVOIP in violation of this paragraph, you agree to pay ILLYVOIP's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.
ILLYVOIP and User are independent contractors and nothing contained in this Agreement places ILLYVOIP and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of Kosovo. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
ILLYVOIP shall not be responsible for any damages your business may suffer. ILLYVOIP makes no warranties of any kind, expressed or implied for the Services. ILLYVOIP disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by ILLYVOIP or our employees.
Your use of the Services is at your sole risk. ILLYVOIP's backup service runs twice a day and overwrites any of our previous backups. Only one week of backups are kept at a time. ILLYVOIP is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on ILLYVOIP's servers. Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
The services provided under this agreement are provided on an "as is" and "as available basis." except as expressly provided in this section, ILLYVOIP and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. ILLYVOIP and our affiliates, employees, agents, suppliers and licensors make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability or content of any information provided through the services. ILLYVOIP and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. The terms of this section shall survive any termination of this agreement.
ILLYVOIP may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or ILLYVOIP to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of ILLYVOIP. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. ILLYVOIP may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Last modified: November 17, 2020
