Language and Law
This document is written in English, in England (United Kingdom), and is subject to English Law.
Definitions
“The Company” means In:Quality Limited, Registered in England No. 09459734.
“The Services” means any online service provided by The Company.
“Goods” means any physical item supplied to The User by The Company, and any included software.
“The User” means any person, company or organisation using the Service.
Introduction
We are reasonable people, running a small business. We value you as a customer, and we’ll make all reasonable efforts to keep you happy, and provide value for money. We take no pleasure from this next part, but for what it’s worth…
Part 1 – Legal
This document forms The Company’s entire contract with The User and will take precedence over any other contract, agreement or purchase order. In using The Services or Goods, The User accepts the terms set out here, except where an additional or replacement contract is executed between The Company and The User, and signed by a director of The Company.
Appropriate Use
The User shall not use The Services or Goods for any activity that is deemed illegal in either their own jurisdiction, that of any other party, or of The Company (including activities deemed unlawful under a complainant’s jurisdiction). Furthermore, The User shall not allow any unauthorised user or third party access to, or use of, The Services and shall take all reasonable security measures to prevent the same.
Furthermore, The User warrants that any material and/or communication received, transmitted, hosted or otherwise processed using The Services or Goods will not be menacing, of a junk-mail or spam-like nature, obscene, threatening, defamatory, cause annoyance, inconvenience or anxiety; discriminatory, promote illegal or unlawful activity, be otherwise actionable or in violation of any rules, regulations or laws to which the use of The Services or Goods are subject, or infringe the intellectual property rights of The Company or any third party.
Liability
The Company accepts absolutely no responsibility for any loss of programming, content or planned business activity and any subsequent financial losses as a result of failure to establish or maintain a connection using The Services or Goods, for any reason whatsoever.
Indemnity
The User must indemnify The Company against any claims or legal proceedings arising from their use of The Services or Goods which are brought or threatened against The Company by another person or entity.
Matters Beyond The Company’s Reasonable Control
The Company shall not be held liable for any failure caused by matters beyond its reasonable control including, but not by way of limitation, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving that party’s employees or agents), weather of exceptional severity or acts of local or central Government or other authorities or the act or omission of any person for whom that party is not responsible.
Copyright and Intellectual Property
The Company will make no claim to any content or material broadcast, produced, shared or published using The Service or Goods. Ownership of The Services and all associated intellectual property including but not limited to software shall never pass to The User. Even where The User has requested modification or customisation of The Services or Goods to suit their specific needs, such modifications will remain the sole property of The Company, and may be offered to its other customers for financial gain.
Variation of Conditions
The Company may from time to time change the wording of these terms and conditions, the latest version of which can be found at https://inquality.com/terms
Severability
If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Contract had been executed with the invalid, illegal or unenforceable provision omitted.
Part 2 – Online Services
This section covers all of The Services provided by the company which allow media encoded as electronic data, to be transmitted between compatible devices or applications across the internet. This part relates only to the use of such services, and does not cover the installation or provision of hardware.
Provisions of Service
The Company undertakes to provide The Services 24 hours a day, 365 days a year. It is however technically impracticable to provide such services free of faults and The Company does not undertake to do so.
Suspension of Service
The Company may without notice cease to provide The Services or temporarily suspend The Services for the repair, maintenance or improvement of infrastructure.
Subscription Fees
Subscription fees are to be paid in advance by Credit Card, Debit Card, Charge Card, or other means as agreed, per 24 hours, calendar month or year. Monthly or Annual subscriptions require the authority to take repeat payments for subscription renewals until such time that a subscription is cancelled using the admin pages of The Service website, or by raising a support ticket. Legacy PayPal subscriptions can be cancelled at any time through the PayPal website.
Refunds
It is the customer’s responsibility to cancel recurring payments by logging into the admin pages of The Service website, prior to the next scheduled renewal. There will be no refund of related payments.
Changes to Subscription Fees
From time to time, The Company may change the advertised amounts for subscription to The Services. In the event that prices are lowered, users may cancel their existing subscription and commence a new subscription at the lower rate. In the event that prices are raised or if a user subscribed at a lower promotional rate, The Company reserves the right to update a user’s recurring payment profile with the higher amount.
Part 3 – Telephony
The Company provides the facility for users to make voice calls from The Services into the worldwide Public Service Telephone Network via the internet, and to receive such calls.
Emergency Services
The Services and Goods are not substitutes for traditional telephony services or devices and as such, EMERGENCY CALLS CAN NOT BE MADE.
Service Levels
Different service levels are offered, allowing calls to certain types of phone number, such as mobile and landline, in various countries. Premium numbers, satellite phones, remote areas, or otherwise prohibitively expensive destinations may not be available. Subscribing to this service does not guarantee connectivity to or from any particular destination or phone number, and The Company accepts no liability for faults, routing failures or database errors.
Fair Use
Telephony services are provided on a fair use basis. The Company reserves the right to charge The User additionally if the wholesale cost of calls made, exceeds that being paid for The Services, and to withdraw telephony service from The User, without prior notice and at its sole discretion.
Call Records
The Company and its suppliers shall maintain and retain any such information as may reasonably be required for calculation or verification including information on individual calls. The Company may disclose such information to government security services only if required to do so by law or court order.
Part 4 – Privacy and Security
Server Locations
The Company’s main web servers holding user data, are located in the United Kingdom. Additional servers exist in other worldwide locations, for the purposes of relaying and transcoding media.
Data Protection
The Company will hold contact, login and payment data submitted online by The User, on its own and third-party servers in secure data-centres and on local storage. All reasonable measures will be taken to ensure that such data is kept secure. Data will be used purely for the purpose of providing and administering The Services, providing Goods or for targeted marketing where The User has granted permission for such communication.
Online Listings
The Company maintains online databases, which make details of users and others public, including contact and location information. The User can choose whether or not to include their details in such listings, and how much information is disclosed. If The User already publishes information about themself online, The Company may choose to add such information to such a database without prior approval, on the basis that this information is already in the public domain. The Company may choose to omit or remove such information at its sole discretion, and any such published information will be removed upon request.
Data Collection and Retention
The Company maintains a Privacy Policy which provides information on what it stores, why, and for how long.
Advertising
The Company may promote The Services and Goods within its web pages.
Part 5 – Technical Requirements
Technical Support
It is assumed that The User will have the necessary level of computer literacy, and competency in professional audio connectivity. Subscription to The Services or purchase of Goods does not entitle The User to any technical support in using The Services or Goods.
Supported Hardware & Software
Specific hardware and/or software may be required to access The Services or use purchased Goods, and this may change from time to time and without notice. The Company accepts no responsibility for changes in hardware or software compatibility which affect the ability to access The Services or Goods.
Internet Connection
The User may require unfiltered access to the public internet in order to access The Services or use purchased Goods. It is The User’s responsibility to ensure that their use of The Services and/or Goods meets the terms and conditions laid down by any Internet Service Provider and accepts full liability for all payments for such use.
