These Service Specific Terms and Conditions form part of the Subscription Services Agreement (the "Agreement") under which Natterbox Limited ("Natterbox") provides its subscription-based cloud and network services.
Definitions
Capitalised words and phrases defined elsewhere in the Agreement and used but not defined in these terms and conditions shall have the same meanings in these terms and conditions as in the part of the Agreement in which they are defined.
Porting and provisioning numbers
The Client acknowledges that it may not be possible to port in/out certain telephone numbers to/from the Natterbox Services.
Numbers are provisioned via third-party suppliers. Whilst Natterbox endeavors to provide accurate information about the availability of numbers, occasionally numbers may not be available, in which case Natterbox shall refund any activation Charges for those numbers.
If number usage contravenes local regulations, numbers may be cancelled by Natterbox's number providers.
Charges, payable by the Client, shall be incurred for porting numbers in and out.
Whilst Natterbox endeavors to provide accurate pricing information, the porting and provisioning of certain number types in certain regions may incur additional costs from number providers. The reasons shall be communicated to the Client and if approved, these additional costs shall be passed on to the Client.
The Client will provide Natterbox with all necessary identity and security information required by number providers when provisioning numbers and porting numbers in and out of the Natterbox Services. A failure to provide accurate and timely information may result in the number or port being refused or cancelled. In this instance, Natterbox's one-off administrative and activation Charges shall still be payable.
Once a number provisioning or porting process has been initiated with Natterbox's number providers: (i) any cancellations by the Client shall still incur Natterbox's one-off administrative and activation fees (at Natterbox's standard Professional Services rates); and (ii) Natterbox reserves the right to charge additional administrative Charges for changes requested by the Client.
Telecommunications Service Providers
The Client authorises Natterbox to connect the Client's IP data lines (network circuits procured by the Client in order for packet-based data communications to be transmitted and received via Internet Protocol) to the network of another Telecommunications Service Provider.
The Client agrees to pay all call charges levied by such Telecommunications Service Provider with whom Client has a contractual arrangement and to adhere to all terms and conditions applicable to those call charges.
Providing Natterbox gives the Client prior notice, Client authorises Natterbox to act on Client's behalf in essential dealings any Telecommunications Service Provider in connection with any matter that enables Natterbox to provide or to continue to provide Client with the Natterbox Services (including giving nominations, notices and authorisations to any Telecommunications Service Provider to facilitate the Natterbox Services).
Client Services Providers
Natterbox shall have no obligation to assist or otherwise cooperate with any Client Service Provider (including allowing and facilitating connections to applicable Natterbox Services).
Following a request from Client, Natterbox may agree to provide such assistance or co-operation to Client and/or the Client Service Provider as and on such terms as it may in its sole discretion determine.
Notwithstanding the foregoing, Client acknowledges and agrees that in no event shall Natterbox have any obligation or liability under or in connection with this Agreement for or in connection with any such Client Service Provider and/or Client Service Provider Services, including in respect of any delay in or failure to provide the Services, any errors in the Services or for any other breach by Natterbox of its obligations under this Agreement or its negligence, in each case to the extent caused by any acts or omissions of any Client Service Provider or by the Client Service Provider Services.
Caller ID
Natterbox is unable to guarantee CLI (Caller ID) presentation on all public switched telephone networks.
Client will abide by local regulations for CLI presentation and will not convey CLIs that they do not have the authority to use.
PCI DSS
In this section:
"PCI DSS" means Payment Card Industry Data Security Standard defined on https://www.pcisecuritystandards.org/ by the PCI SSC;
"PCI Card Payment Services" means the card payment services described in the Natterbox Services documentation, as those services may be modified, enhanced, adapted or improved from time to time; and
"PCI SSC" means Payment Card Industry Security Standards Council.
Any PCI Payment Card Services shall be provided subject to the terms of the Agreement, and such supplemental terms as Natterbox may notify to Client.
PCI Card Payment Services are currently sub-contracted by Natterbox to a third-party service provider, which service provider Natterbox will ensure is certified by a qualified Security Assessor (and Approved Scanning Vendor (as applicable)) as being compliant with the PCI DSS.
The Client acknowledges and agrees that Client is responsible for: (i) satisfying itself that any third-party service provider to which Natterbox subcontracts the PCI Card Payment Services is compliant with the PCI DSS; and (ii) its own compliance with the PCI DSS. PCI Card Payment Services should form part only of the Client's overall compliance program.
In relation to activities within the scope of the PCI SSC, all payment card data handled by Client outside of the PCI Card Payment Services is the exclusive responsibility of the Client.
Natterbox shall have no liability in connection with the PCI Card Payment Services where that liability arises from any requirement, design or specification supplied by the Client in relation to the PCI Card Payment Services.
Where the Client uses PCI Card Payment Services made available by Natterbox and provided by a third-party service provider:
the warranties set out in the DPA shall be repeated by the Client in favour of the third-party service provider in respect of any transfer of Personal Data from the Client to the third-party service provider and any Processing of such Personal Data by the third party (and for such purpose any reference to "Natterbox" in the DPA shall be replaced by a reference to "the third-party service provider");
the Client acknowledges that in relation to the performance of the PCI Card Payment Services, the Client is the controller and the third-party service provider is the processor of any Personal Data (and, accordingly, the third-party service provider is not a sub-processor of Natterbox); and
Client-related data (including Personal Data) collected by the third-party service provider from the Client shall be owned by the Client; and the Client acknowledges and agrees that the third-party service provider shall have and maintain access to Client related data (including Personal Data) and shall be entitled to use such data solely for purposes related to or in connection with the PCI Card Payment Services.
Emergency services
In the event of a power cut or failure affecting the Natterbox Services, the Client may not be able to make calls, including calls to emergency services.
The Client may use the Natterbox Services to contact the emergency services provided the Client is in a country which gives access to PATS.
Where the Client uses Natterbox's fixed line services, the Client must not rely on the Natterbox Services to provide access to calls to the emergency services and should ensure that it has alternative means to access emergency services numbers.
The Client shall, in relation to fixed line services, provide Natterbox with complete and accurate Client site address information and give Natterbox at least 30 days' notice of any change to such Client site address information. The Client acknowledges that any failure to provide the information required may render emergency services unable to identify a User's location.
The Client shall ensure that Users provide their location details in the event that they make an emergency services call using the Natterbox Services.
Foreign networks
In this section:
"Foreign Network" means a telecommunications network in a country outside of the Territory;
"Foreign Number" means a phone number provided in a country outside of the Territory.Natterbox shall use reasonable endeavors to provide the Client access to Foreign Networks and Foreign Numbers; however, Natterbox shall not be responsible for the performance of Foreign Networks or Foreign Number providers or any part of the Foreign Network not controlled by Natterbox.
Foreign Networks may be limited in quality and coverage and access and service availability depends on the arrangements between the Foreign Network or Foreign Number provider and its operators.
Call Limits
Natterbox may set a limit on the number of active connections the Client may make and/or the corresponding Charges (each a "Call Limit").
If the Client exceeds any Call Limit, the Client may be required to pay all consequent Charges immediately.
Natterbox may refuse to provide Services to the Client if a Call Limit has been exceeded or if, in Natterbox's reasonable opinion, the provision of those Services that may cause the Client to exceed or contribute to the Client exceeding a Call Limit.
Unlimited Call Plans
If the Client benefits from an Unlimited Call Plan from Natterbox, that plan shall be subject to Natterbox's Fair Use Policy (https://success.natterbox.com/legal/fup) as well as this Policy.
Network and hardware sourcing
Due to the nature of the Natterbox Services, Natterbox strongly recommends that the Client purchase and implement network services and hardware from Natterbox.
Fraud protection
The Client must take reasonable measures to monitor and prevent User fraud, including subscription fraud, fraud associated with the use of the Natterbox Services, hacking, or usage on lost or stolen devices, as well as fraud occurring in connection with the Client's agents, employees, or representatives.
The Client will be liable for all fraudulent use of the Natterbox Services (for example, calls to over-priced numbers), independently from the fact of being aware of such fraudulent use or not.
The Client must adopt immediate measures to stop any fraudulent use and promptly notify Natterbox of eventual anomaly and differences of tariffs.
Malware protection
The Client must take all appropriate measures to avoid introducing into Natterbox Services anything or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device.
Service status
Natterbox makes available certain information regarding the operation of the Natterbox System and Natterbox Services at:
https://status.natterbox.com.Natterbox will post release notes for any changes that it makes to the Natterbox System or Natterbox Services onto its administration portal and service update page at:
https://success.natterbox.com/release-notes.
Record keeping
Natterbox will retain call records sufficient to meet its obligations as a telecommunications operator.
Such data will be stored according to legal requirements and only surrendered upon valid legal request.
Contact information
The Client agrees to promptly inform Natterbox in writing of any change of address/contact information for the purposes of updating relevant telecommunications authorities.
Self-managed system
Natterbox Services have been designed as a self-serve system intended to be self-managed by the Client. For the avoidance of doubt, the Natterbox Services are not managed services.