Terms & Conditions
HEREBY, these are our terms of use. We provide access to our services subject to the terms
of this Agreement. To be eligible to use our services you must review and abide by the
terms of this Agreement.
In terms of the Information Technology Act, 2000, this document is an electronic record.
Being generated by a computer system it does not require any physical or digital signatures.
The expressions “We”, “Us”, “Our”, “Website” shall mean IKONTEL Solutions Private Limited
or its affiliates or agents. The Company is engaged in the business of information and
technology services and is the owner of indigenously developed software and original
business methods related to virtual and/or cloud communication services. The Company
uses original software and business methods to provide IT solutions related to cloud
communication products. These terms and conditions (“Terms of Use”) apply to your use of
this Website. By accessing or otherwise using the site You agree to be bound by these Terms
of Use. Any membership accounts You may create by registration on this Website and/or
purchase or avail any product or service available through this Website are governed by
these Terms of Use. We reserve the sole discretion of updating these Terms of Use from
time to time without prior notice.
A “Customer” is anyone who purchases IKONTEL products or services. When a Customer
purchases retail products or services for use by others, those individuals also may be
considered Customers for purposes of this Policy.
User
A “User” is anyone who visits our websites.
Personal Information
Users who are competent to contract under the Indian Contract Act, 1872, are eligible to
register themselves as members on this Website and can avail our Services. Persons who
are competent to contract would mean and include every person who, (i) has completed 18
years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not
disqualified from contracting by any law for the time being in force in India. You would be
required to sign up on the Website by providing certain personal details such as name, e-
mail address, telephone number, relationship status and mailing address. You agree to
provide true, accurate, current and complete information about yourself as prompted by
the registration form. If you provide information that is untrue, inaccurate, not current or
incomplete, or We have reasonable grounds to suspect that you have provided such
information, then the Website may (in addition to any other rights or remedies available to
us) refuse registration, suspend access to all current or future use of the Website and the
services (or any portion thereof) permanently. When you sign up on this Website, your
personal information will be registered automatically in our database which will be
maintained and used by the Website in accordance with the Privacy Policy. For registration
purposes, the User shall submit identification documents as proof of their personal as well
as business identity, as regulated by the Department of Telecommunications, Govt. of India.
The documents MUST be submitted for approval within 7 days of the activation of services.
Failure to provide these documents within the stipulated timeline will lead to suspension of
services to the account. In case the documents are still not submitted within 30 days from
the date of suspension, the account will be terminated and the display number will be
released back to Our telecom partner. In such an event, We will not be liable to offer any
refund, either in full or in part, to the User.
You may deactivate your membership account at any time and We reserve all rights to deny
access and to suspend or terminate your access to the Website without providing prior
notice, for any reason, including violation of any of these Terms of Use by You. In case of
termination/ abeyance /suspension of the User’s account/ services due to non-payment or
non-renewal of services, or depletion of coins from the User’s accounts, then We will not be
held liable for the same and Our obligations will not extend to those instances.
Pre-Paid Plans: The User has the option to renew Services at any period after the expiry of
the initial term period, but not exceeding a period after two-months as follows: During the
period after expiry of the term for one month the User shall have the option to renew the
complete Services with the previous number and the service plan, provided the display
number is still available with Us During the period after expiry of the term and beyond the
one month mark before the expiry of two-months the User shall have the option to renew
services to the prior number - without a guarantee of the previous service plan. The
previous service plan will be re-instated if available - but We do not guarantee the
availability of the same number or plan. Post Paid Plan: This plan shall commence and
remain in force from till either the User or We terminate this plan for any reason; or, for no
reason by giving 30 days prior written notice to the other party. The termination of this plan
shall be without prejudice to any action or remedy of the User or Us arising prior to the date
of termination.
For the purposes of User registration, You will be required to choose a password and You
shall provide accurate information while creating your account on Our Website. You are
responsible for maintaining the confidentiality of your password. We reserve all rights to
access, share, communicate, convey, and disseminate some or all of the customer-specific
information to the extent it is permissible under the applicable laws in India, in order to
provide better services to the Users. We store and protect your personal information
including sensitive financial information, if collected, by employing adequate and reasonable
security measures in accordance with Information Technology Act, 2000 and the Rules
thereunder.
A variety of information, text, graphics, data and other materials (“Content”) is available on
the Website. The Content available on the Website shall be used solely for your non-
commercial use and/or to benefit from the products, services intimated on the Website. No
right, title or interest in any Content is transferred to you, whether as a result of
downloading or reproducing such Content or otherwise. The Website reserves complete
ownership, title and full intellectual property rights in all Content uploaded by Us. Except as
expressly authorized by this Terms of Use, you may not use, alter, copy, distribute, transmit,
or derive another work from any Content obtained from the Website or the service.
Complete ownership, title and full intellectual property rights in all works/content uploaded
by any user on the website belongs to such User. The Website grants you a nonexclusive,
non transferable, revocable, limited license to view the Content retrieved from the Website
only for your personal, noncommercial use, provided that you do not remove or obscure
any copyright notice, trademark notice, or other proprietary rights notices displayed on or in
conjunction with the Content. You may not use any Content available via the Website in any
other manner or for any purpose without the prior written permission of the Website. All
rights not expressly granted in this Terms of Service are expressly reserved to Us. The
Website may at any time modify, discontinue, or suspend its operation of this Website, or
any part thereof, temporarily or permanently, without notice to you.
The scope of work includes providing cloud communication services for the User’s business
requirements including Inbound & Outbound call solution system for providing support
services and IT solutions related to cloud communication products including but not limited
to “SuperReceptionist”, “SmartIVR”, and “Automated Voice Technology”.
IKONTEL will raise an invoice and it will be automatically settled against the prepayment
deposit made by Customer in accordance with the Pricing and Bill Plan. Usage charges will
be ongoing and deducted from the minutes purchased by the Customer, at the
commencement of the Plan. The invoice(s) submitted by IKONTEL shall be subject to
inspection and verification by the User and any discrepancies therein shall be brought to the
notice of IKONTEL within 7 working days of receipt of the invoice(s). If necessary, IKONTEL
shall modify and provide an amended invoice(s) and
User will make the payments as per the modified invoice(s).
Services to the Customer shall be suspended if bills remain unpaid for more than 7 days
after the due date. The account shall get permanently closed, and all the associated
resources will get released after 30 days of non-payment or non-renewal from due date.
All kind of payments are to be made in favour of IKONTEL SOLUTIONS Pvt. Ltd. All tariffs,
octroi, or other kind of taxes are applicable at the prevailing rates varying from time to time.
If necessary, We shall modify and provide an amended invoice(s) and User will make the
payments as per the modified invoice(s). Taxes will be added as applicable.
We will strive to resolve any delay in Services delivery. User can write to Us at
info@ikontel.com for any query or concern. We will address this concern within 48 hours. To
ensure timely resolution when User escalates its concern, User must mention the ticket
number received from IKONTEL WEBSITE; and, a brief summary on why the resolution
provided so far has not been satisfactory. Certain issues, depending on their nature, would
require testing and observation over multiple days. This can increase the resolution time for
the User. However, We assure that Our team will be working on these issues diligently
throughout and will keep the User updated on the progress. We will address the User’s
concern within 24 working hours. If User is still not satisfied with the resolution provided by
Our management, User can write directly to Our leadership team. Any concerns raised here
will be addressed in two working hours and will require further 48 working hours for a
resolution. National holidays and non-working days are not considered in the timeline.
In case the contract between Us and the User has expired and the User decides not to
renew the contract or extend services, We can, upon request, transfer the ownership of the
display number to the User. The following conditions will dictate this policy:
1. Only virtual mobile numbers shall be transferable.
2. The ownership of Landline/PSTN/Toll-Free numbers is not transferable.
3. We will charge a nominal fee of INR 1000 to assist with the transfer of ownership.
4. The User can choose to keep the services activated until the number porting process
is complete. In this case, User will be charged the rental and usage charges on pro-
rata basis.
In case the User decides to initiate the process on his/her own, We will terminate & release
the number from Our end and the User will have to contact the telecom operator directly to
obtain the ownership of the number. In this case, the User does not have to pay any fees to
Us for transfer of ownership.
We will try to amicably resolve such issue by proposing best alternatives as a replacement to
the desired number. No refund will be entertained if We do not find genuine interest on
part of the User to resolve the issue, however if the issue is not resolved within 30 days from
the date of payment, the User is entitled to 75% of amount paid, in addition to any charges
paid towards obtaining a vanity display number.
1. In case, where We have failed to provide the services as per the agreement, we shall
be liable to refund for the said services.
2. We will only be liable to refund the part of services unused by the client.
3. Refund is subject to justifiable reasons for the said unused services.
4. In the absence of plausible cause, no refund claims will be entertained once service
acceptance is received from the user. Also, We will not be liable to refund the User in
cases of force majeure or outages where We do not have a control over the
resolution time, for eg. Outages at the end of our Telecom Partners, Cloud Partners,
Internet Services Providers or Internet Hackers.
Customer acknowledges that IKONTEL owns and has the right to use all the Intellectual
Property Rights in our Services. IKONTEL is only granting a limited right to use Services in
accordance with this Agreement and are is granting Customer any Intellectual Property
Rights in the Services (including any new software, content, corrections or enhancements,
adaptations and additions made in relation to the Services).
Customer will not, at any time claim and/or apply for any right in and right to IKONTEL
Services and any new software, content, corrections or enhancements, adaptations and
additions in respect of our Services. Customer has agreed to assign to us all present and
future rights (including Intellectual Property Rights), title and interests, in, over and upon
any and all content, corrections or enhancements, adaptations and additions in relation to
our Services, in India or any part of the world. Customer also agrees that the rights assigned
to us by Customer are absolute, exclusive, perpetual and irrevocable. We will be entitled to
transfer the rights to any person and use it anywhere in the world without requiring any
interference or interruption from Customer.
In accessing any part of our Website, you agree:
1. not to use our Website in such a way that disrupts, interferes with or restricts the
use of our site by other Users;
2. not to reverse engineer, de-compile, copy or adapt any software or other code or
scripts forming part of our Website; and
3. not to change, modify, delete, interfere with or misuse data contained on our site
and entered by or relating to any third party user of our Website.
4. material contained in our site must not be reproduced or exploited for commercial
gain. All other rights are reserved and users must seek our permission before
making any other use of material contained in our Website.
5. not to use the Website and its solutions for purposes that are unlawful or prohibited
under law. The User acknowledges that the IT Solutions include the use of telephonic
resources and thereby are required to use them in compliance with applicable laws
and regulations of the Telecom Regulatory Authority of
6. India and the Department of Telecommunication.
7. not to use the Website in any manner that may damage, disable, overburden, or
impair the services of IKONTEL, telephonic numbers and servers, or the network(s)
connected to any User server
Your consent to receive communications from us by way of e-mails, phone calls and SMS’s
with respect to your transactions on our Website. Users will be required to register their
valid phone numbers and e-mail addresses to facilitate such communication. We may also
use your e-mail address to send You updates, newsletters, changes to features of the
Service, and the like to provide You better Services.
The Website expressly disclaims all warranties of any kind, whether express or
implied, including, without limitation, any warranties in relation to materials posted
on the Website and are not intended to amount to advice on which reliance should
be placed without verification by the user. The Website disclaims all liability and
responsibility arising from any reliance placed on such materials on the Website, or
by anyone who may be informed of any of its contents.
No warranties are made that the Website will meet your requirements, or that
access to the Website will be uninterrupted, timely, secure, or error-free, or that
defects, if any, will be corrected. The Website makes no warranties as to the
accuracy, or reliability of any information provided through the Website.
You agree to indemnify, defend and hold harmless IKONTEL Solutions Private
Limited and its affiliates, agents, employees, directors, officers, agents, vendors
and suppliers from and against any liability, losses, claims, damages, demands,
investigations, inquiries, suits, costs and expenses (including legal fee and costs
incidental thereto) asserted against or incurred by IKONTEL Solutions Private
Limited that arise out of or otherwise relating to your use of the Website, including
without limitation any obligation to be performed by You pursuant to these Terms of
Use. Further, you agree to hold IKONTEL Solutions Private Limited harmless
against any claims made by any third party due to, or arising out of or otherwise
relating to your use of the Website, any claim arising out of damage caused to third
party by You, breach of these Terms of Use by You, or your violation of any rights
of another, including any intellectual property rights.
Notwithstanding anything to the contrary, Our entire liability towards You under
these Terms of Use or otherwise shall only be in connection with refund of the
money charged from You for any particular product or service, under which the
unlikely liability arises.
The Website and its affiliates assume no responsibility for any consequence relating directly
or indirectly to any action or inaction taken based on the Content available on the Website.
You must evaluate, and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content. You specifically
acknowledge that the Website and its affiliates are not liable for any defamatory, offensive
or illegal conduct by the User or any third party. Additionally, in no event the Website will or
its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages,
including, without limitation, any loss of use, loss of profits, loss of data, cost of
procurement of substitute products or services, or any other such damages, howsoever
caused, and on any theory of liability, whether for breach of contract, tort (including
negligence and strict liability), or otherwise resulting from the use of, or the inability to use
the Website or its Content; the cost of procurement of substitute services, provided by the
Website; unauthorized access to or alteration of your transmissions or data; the statement
or conduct of any third party on the Website; or any other matter relating to the Website.
These limitations will apply whether or not the Website has been advised of the possibility
of such damages and notwithstanding any failure of essential purpose of any limited
remedy.
The Website expressly disclaims all warranties of any kind, whether express or implied,
including, without limitation, any warranties in relation to materials posted on the Website
and are not intended to amount to advice on which reliance should be placed without
verification by the user. The Website disclaims all liability and responsibility arising from any
reliance placed on such materials on the Website, or by anyone who may be informed of
any of its contents. No warranties are made that the Website will meet your requirements,
or that access to the Website will be uninterrupted, timely, secure, or error-free, or that
defects, if any, will be corrected. The Website makes no warranties as to the accuracy, or
reliability of any information provided through the Website.
Any failure on our part to exercise any provision or right under these Terms of Use, shall not
constitute a waiver by Us of that provision or right.
The present Terms of Use shall be governed and construed in accordance with the laws of
India, without regard to its conflict of law provisions. All disputes shall be decided by single
arbitrator mutually appointed by both parties. In case the parties cannot mutually nominate
an arbitrator, the arbitrator’s appointment shall be governed in accordance with the
Arbitration and Conciliation Act 1996 or any statutory enactment thereof. Any arbitration
shall be confidential, and neither You nor We may disclose the existence, content or results
of any arbitration, except as may be required by law or for purposes of the arbitration
award; the award of which is binding on both parties. All administrative fees and expenses
of arbitration will be divided equally between You and Us. In all arbitrations, each party will
bear the expense of its own lawyers and preparation. The seat of arbitration shall be New
Delhi and all proceedings shall be conducted in English.
If you have any questions or concerns with respect to this Terms of Use or the Website or
any information contained on thereon, you may contact us by writing to us at
info@ikontel.com.
Except for the obligation related to payment of Charges, neither party will be responsible for
any failure to perform or delay attributable in whole or in part to any cause beyond its
reasonable control, including but not limited to acts of God, government actions, war, civil
disturbance, insurrection, sabotage, shortage of energy, or equipment, disruption of
communication network/(s) or cloud storage facilities (hereinafter referred to as the “Force
Majeure Event”). Provided however, that if a Force Majeure Event occurs, the affected party
will, as soon as practicable:
(i) notify the other party of the happening of the Force Majeure Event and its impact on the
performance of the obligations of the affected party under this Agreement; and
(ii) use all reasonable efforts to resolve any issues resulting from the Force Majeure Event
and perform its obligations hereunder.
