1. Definitions and General Clauses
1.1. These Terms and Conditions of the contract are applicable to the VoIP telephone access service, based on a VoIP telephone switch located in Saariselänkuja 6, 00970 Helsinki, Finland,(VAT 221101-5) and operated according to the telecommunications regulations of Finland, which is delivered by Perustele Oy, further on referred to as “Perustele” ,and shall hereby be referred to as “Service”.
1.2. Perustele Oy reserves the right to use the third parties products and services in order to provide the Service as defined in p.1.1. hereby.
1.3. Customer is a private person or a legal entity with whom Perustele has made an Agreement to deliver the Service as described in p. 1.1. hereby.
1.4. Perustele shall invoice the customer for the rendered Service according to the publicly announced or separately agreed with the Customer tariffs, prices and conditions valid at the moment of invoicing.
1.5. The Customer shall be responsible for the payments for the Service rendered according to the invoices issued by Perustele and conditions stipulated in p. 3 of these Terms and Conditions.
1.6. Perustele reserves the right to demand for a pre-payment or deposit in the amount separately agreed to be paid by the Customer before the Service is rendered.
1.7. The Customer shall inform Perustele in writing about the change of his name, contact numbers or address immediately after such changes takes place.
2. Service Delivery
2.1. Perustele shall deliver the service within the timeframe agreed with the Customer unless it is prevented from doing so by the actions of a third party or if it becomes totally impossible in the result of force major conditions. Force majeaure conditions are such happenings, which Perustele shall not be able to prevent or overcome and which will make the delivery of the Service impossible, especially difficult or unreasonable. Force majaure circumstances shall include but not be restricted to such events as severe weather conditions, war, domestic or international public disturbances, governmental actions etc.
2.2. The Service shall only be delivered to the Customer only if the Customer has acquired separately a connection to Internet from Perustele or any other ISP. The minimum technical conditions required for the successful provisioning of the Service are the sufficient speed of the Internet access line and availability of an external IP-address.
2.3. Perustele shall not be responsible for the reduction of the Service quality resulting from the increase of the load or any other changes of the technical on the Internet service provider’s network. Perustele retains the right to charge the Customer for the work fulfilled in sake of the Service delivery if after the reclamation of the Service faults made by the Customer it will be proven that faults were caused by the actions of a third party or by the conditions on the Customer’s Internet access line.
2.4. When delivering the Service Perustele shall allocate a telephone number and pre-programmed VoIP telephone equipment. If the Customer has his own VoIP equipment he shall be responsible for its programming and initializing. Perustelly in this case shall hand over the access codes necessary for the connection to Perustele network. The additional technical support shall be available to the Customer and payable in accordance with the price lists valid at the moment of order of such support.
2.5. The timeframe for the delivery of the Service is 8 weeks after signing the agreement.
2.6. The equipment acquired from Perustele has the guarantee period of 30 days starting from the moment of buying. The equipment can be returned to Perustele in the event of its malfunctioning in its original condition and packaging. The payments made by the Customer for the equipment being returned shall be paid back against the valid receipt.
2.7. Perustele shall support the Customer technically during the installation of the Service and train the Customer’s representatives on the usage of the Service. The technical support and training shall be available during the working hours from 8.30 till 16.30 on the Perustele service number + 358 (0)9 31577800.
2.8. Perustele has the right to change its service telephone number of which change it shall inform the Customer immediately.
3. Invoicing and Payments
3.1. The tariffs and other applicable rates are given in the Perustele price list and available from Perustele web-site or otherwise from the separately supplied and agreed Attachment to the Agreement. Changes of the rates and tariffs shall be announced by Perustele in written by an e-mail to an e-mail address specified by the Customer. Perustele retains the right to make the changes to its per call tariffs with the notification time of one calendar week prior to such changes.
3.2. The Customer shall pay the Perustele invoices the latest on the due dates indicated on the invoices. Perustele retains the right to charge the interest rate according to the existing applicable law of Finland on all the amounts due to be paid by the Customer after the payment dates.
4. Termination of the Service
4.1. The Customer has the right to terminate the service at any time unless otherwise agreed by a separate agreement. If the Service delivered to the Customer includes the leasing/rental of the equipment, the termination of the Service then shall be regulated by the Terms and Conditions of the Leasing/rental Agreement.
4.2. If the telephone equipment, delivered within the frames of the Service, is leased/rented by the Customer, it remains the property of Perustele and should be returned by the customer after the termination of the Service.
4.3. Perustele has the right to stop rendering the Service if the Customer fails to pay the invoices for the rendered Service after the reminder issued by Perustele, or otherwise if Perustele has not received the agreed pre-payment or deposit before the Service is rendered.
5. Termination of the Agreement
5.1. Perustele shall have the right to terminate the Agreement should the Customer fail to make the payments for the Service as stipulated above and after the second reminder issued by Perustele.
6. The Period of the Agreement
6.1. This Agreement is valid from the moment of signing and remains valid until the proper written notice made by any of the Parties to another Party. If the Service under this Agreement includes leased/rented equipment, the Period of the Agreement then is governed by the corresponding clauses of the Leasing/rental Agreement.