Terms And Agreements
My Country Mobile Terms And Agreements
This document, “MY COUNTRY MOBILE Terms and Agreements” applies to all services provided by MY COUNTRY MOBILE GENERAL TRADING. It includes but is not limited to telecom.center, family of products, and services such as call.center., local.global, and contact.center. (hereafter referred to as the “Service”), which are operated and managed by MY COUNTRY MOBILE GENERAL TRADING of Office No. 316-07, 3rd Floor, Hamsah Building, Zabeel Road Karama, Dubai- UAE.
This Agreement is between MY COUNTRY Mobility, and the person or party identifies in the associated Registration form. This is the person who signs on behalf of the Company and who, by registering, acknowledges that they have the power to represent the Company. The “Customer” is the name of this person.
2. Preliminary Terms
2.1. Electronic Signatures and Agreements: The Customer hereby consents to electronic communication to enter into contracts, place an order and other records, and to electronic delivery of notices and policies, as well as records of transactions initiated through www.mycountrymobile.com. The customer waives all rights and requirements under any jurisdiction laws or regulations requiring an original (non-electronic), signature, delivery, or retention non-electronic record, except as permitted by applicable mandatory law.
2.2. No emergency calls: The Customer agrees to this Agreement, except as expressly agreed to by MY COUNTRY MOBILE in writing. Accordingly, the MY COUNTRY MOBILE infrastructure will not support or carry any emergency calls.
2.3. No callback calls: By entering into this Agreement, the Customer agrees that DID numbers provided from MY COUNTRY MOBILE will not be used for callback requests.
2.4. Restrictions on Jurisdiction: If the Customer resides in a country where internet telephony is prohibited by law, the Customer cannot enter into this Agreement. The Customer declares that he has checked in his jurisdiction whether internet telephony is permitted by entering into this Agreement. If the Customer violates the Jurisdiction restrictions, he will be responsible for all costs, including reasonable legal costs, and indemnify MY COUNTRY MOBILE.
2.5. The customer may have to provide the documents required for provisioning local numbers according to the specifications of the service order.
2.6. According to anti-money laundering laws and terrorist-related laws in different countries, customer may have to undergo a verification process by MY COUNTRY MOBILE. This may include the request for multiple forms of identification confirmations.
2.7. MY COUNTRY MOBILE can refuse to accept or honor a customer’s application or order at its sole discretion:
- If you are unsure of the details
- If MY COUNTRY Mobil has reason to doubt accuracy of the information or it isn’t supported by the required ID or, in case of company applications the required authorization
- If the Customer is suspected of having committed fraud or declared bankruptcy, or has given reason to doubt their ability to fulfill their obligations under this Agreement.
2.6. According to anti-money laundering laws and terrorist-related laws in different countries, customer may have to undergo a verification process by MY COUNTRY MOBILE. This may include the request for multiple forms of identification confirmations.
3.1. MY COUNTRY MOBILE will provide services to the Customer. The Customer also agrees that MY COUNTRY MOBILE will sell them services under the terms and conditions of this Agreement.
3.2. This Agreement applies to all services offered by MY COUNTRY Mobil. Additional terms and restrictions may apply to certain services as described in the service appendices.
3.3. Customer understands that the service’s allocation of Numbers does not represent a transfer of property or sale of numbering right by MY COUNTRY MOBILE. It only represents a sale of the right to use Numbers for as long as the service is available. Accordingly, customer cannot claim any rights to Numbers that will be reassigned immediately to MY COUNTRY MobILE at the end of the service.
3.4. A Service Term can be one or more months depending on the service order. It begins at the date service is activated and renewed automatically until it is cancelled.
4. Acceptable use of service
4.1. Customer agrees that the Services, Software, and Websites will only be used for the purposes allowed by this Agreement and any applicable laws, regulations, generally accepted practices, or guidelines in the relevant jurisdictions.
4.2. Customer will not use the service, or allow the service to be used in any way to transmit Inappropriate content. Unsolicited material, spam and sexually explicit material, and content that violates Applicable law or is hateful towards an individual or group due to race, sex or gender, religion affiliation, sexual orientation, language or national origin are all examples of Inappropriate Content.
4.3. The customer cannot use the Service to make callbacks, callforwarding, continuous or extensive calls, or for telemarketing (including unsolicited or unauthorized spam or advertising), voicemail blasting, or fax broadcasting.
4.4. Customer agrees that MY COUNTRY MOBILE will indemnify him against any cost, damage, expense, claim or demand (including any made by third parties) arising from the End User’s or Customer’s misuse of the service in violation of Acceptable Use of Services. All costs related thereto will be immediately due and payable.
5. Obligations and Responsibilities
5.1. MY COUNTRY MOBILE
- MY COUNTRY MOBILE will use all reasonable efforts to maintain equipment suitable for terminating and handling calls.
- MY COUNTRY MOBILE will notify the customer promptly of any changes to rates or modifications to the service.
- MY COUNTRY MOBILE shall offer reasonable technical and sales support to the customer, as MY COUNTRY MOBILE may determine appropriate and necessary.
- MY COUNTRY MOBILE may make adjustments to the equipment that handles calls and provides service. These changes will be made at MY COUNTRY MOBILE’s sole discretion and without the consent of the Customer.
- The Customer shall pay the Services in accordance to the Section 8 provisions.
- The Customer must ensure that all authorizations, permissions, and authorizations are obtained through MY COUNTRY MOBILE services. The content, quality, and delivery of the services provided to End Users by MY COUNTRY MOBILE shall be the Customer’s responsibility.
- The Customer must provide MYCOUNTRYMOBILE any information or material concerning the service provided through MY COUNTRY MOBILE to MY COUNTRY MOBILE upon request. This includes those offered to End Users and agents, to the extent that MY COUNTRY MOBILE may request.
- The Customer must ensure that the Services, Software, and Websites are not used illegally. This includes any transmission or offer of information or services that are illegal, abusive, harmful or threatening or defamatory or that infringe privacy rights, copyrights, intellectual property rights or trademarks.
- MY COUNTRY MOBILE can recover from the customer any fines, claims, or administrative expenses resulting from any breach of this Agreement or the law.
- The customer agrees to indemnify MY COUNTRY MOBILE from any claims arising from any breach or allegation of any customer’s obligations as set forth in clause 5.2
- In relation to complaints, inquiries or investigations regarding the services provided by the Customer, MY COUNTRY MOBILE shall cooperate with them. MY COUNTRY MOBILE may decide to limit the customer’s liability for any such complaints, inquiries, enquiries, or actions, regardless of whether they are brought by MY COUNTRY MOBILE or against MY COUNTRY MOBILE.
- The customer must ensure that all third parties using its facilities comply with this Agreement.
- Customer must ensure that no third-party intellectual rights are infringed by the selection of a number for a specific service. MY COUNTRY MOBILE will indemnify it for all costs and liabilities arising from a breach or allegation thereof.
- All notices, requests, or other communications must be sent to the customer in writing. The customer is responsible for the receipt of MY COUNTRY MOBILE mails. He agrees to keep his email account up-to-date and notify MY COUNTRY MOBILE if his email address changes within 24 hours.
6.1. Without the written permission of MY COUNTRY MOBILE, the customer may not assign its rights and obligations under this Agreement to another party.
6.2. Without the customer’s consent, MY COUNTRY MOBILE may transfer the rights and obligations of this Agreement to another party.
7. Service Provision and Warranties
7.1. MY COUNTRY MOBILE is committed to ensuring that its network and services are fault-free and that the service is uninterrupted. MY COUNTRY MOBILE cannot guarantee a fault-free service. MY COUNTRY Mobile does not warrant that its network and services will be uninterrupted or free from faults.
7.2. MY COUNTRY MOBILE makes no warranties or guarantees that the service will be satisfactory or appropriate for customer’s needs. MY COUNTRY MOBILE’s service is without warranty, except as implied by law.
7.3. Both parties agree that any representations, warranties, or statements made before the conclusion of this Agreement do not form a part of a contract and neither has it induced either party to enter into this Agreement.
7.4. The customer agrees to:
- MY COUNTRY MOBILE’s service was not created to meet the customer’s specific needs. It is up to the customer whether the service provided is satisfactory and appropriate for its use.
- MY COUNTRY MOBILE relies on third parties to deliver services. Therefore, MY COUNTRY MOBILE cannot be held responsible for any delay in or fault in the delivery.
- Due to the per-usage costs of outbound termination service, the customer knows that there are risks. This includes the financial risk from excessive unintended traffic. The Customer acknowledges these risks and agrees to MY COUNTRY MOBILE’s non-responsibility for any damages or losses incurred by Customers using the service. This includes charges incurred by Third Party service providers that were designed to use the service.
8. Price, Rates and Payment
8.1. All prices are listed on the current price list, which is updated periodically and posted to customer’s private account. MY COUNTRY MOBILE wholesale pricing is available to
Customer provided that Customer agrees that they will pay a minimum monthly commitment (“MMC”) for the relevant pricing tier. Terms and conditions are also described in the MMC Appendix.
- Some services can be offered under “Pricing Plan”, a customized monthly pricing plan based on the capacity. You can choose and confirm the pricing plans by visiting the website.
8.2. Service fees:
- Recurring fees are charged in advance and are based on the total order term. They start from the date Service activation.
- After completion, fees based on usage such as voice termination minutes and Pay as You Go PSTN forwarding, Toll-Free origination minutes, Metered capacity minutes and SMS will be charged.
- If Services are cancelled during the month, the customer is responsible for the entire monthly payment.
8.3. MY COUNTRY MOBILE reserves all rights to alter prices for Services during this Agreement.
- Services may be reduced by MY COUNTRY MOBILE without restrictions.
- Prices for MY COUNTRY MOBILE could rise:
- Services that are based on variable charges are subject to changes immediately. These changes can be found in the pricelist associated customers’ account on MY COUNTRY MOBILE.
- All other Services – Customer will be notified by written notice and have thirty (thirty!) days to refuse the price increase.
- Customer agrees to accept a price rise if it is not rejected within the time limit.
- If Customer objects to a price hike, MY COUNTRY MOBILE has the right terminate the service in accordance to clause 15.4 or continue providing the service at the original price.
8.4. A notice of price change shall be considered as an amendment to the relevant Service Order Form. MY COUNTRY MOBILE will charge the Customer and the Services shall be paid in accordance to the provisions herein.
- The customer shall transfer funds to the U.S. To maintain credit, customer must transfer dollars into the MY COUNTRY MOBILE prepaid account.
- You can pay by credit card, PayPal, or wire transfer to MY COUNTRY MOBILE bank account. These terms and conditions apply:
- MY COUNTRY MOBILE accepts U.S. Dollars. Any payment made in any other currency will be converted to U.S. dollars by MY COUNTRY MOBILE. Dollars are converted without prior notice to the customer. The foreign exchange rates can vary and are set by financial institutions.
- The customer must pay all transaction fees for payments made by wire transfer or PayPal. MY COUNTRY Mobil will only recognize net amounts received. The customer is responsible for determining if there are any fees associated with the payment.
- Minimum 100 U.S. Wire transfers are subject to a minimum of 100 U.S.
- When ordering any Service through MY COUNTRY MOBILE, the customer authorizes MYCOUNTRYMOBILE to debit the account’s prepaid balance. MY COUNTRY MOBILE may charge customer’s payment method to settle any outstanding invoices in case of insufficient credit.
- Customers may have their prepaid balance insufficient to prevent them from receiving services until credit is applied. Customers are advised to check their account status regularly and keep their MY COUNTRY MOBILE accounts current with a valid payment method. This will prevent any suspension of services.
- The customer will not be entitled for a refund of the prepaid balance.
8.5. MY COUNTRY MOBILE’s records will be prima facie evidence that the data in such records is correct and will prevail over customer’s records, except for obvious error. CDR and Pricelist data recorded by MY COUNTRY MOBILE in customer’s account shall determine the customer’s call minutes.
8.6. MY COUNTRY MOBILE will provide invoices and detailed reports to customer regarding Services and debits from its prepaid balance. All billing disputes should be sent to MY COUNTRY MOBILE via email ( firstname.lastname@example.org) within fifteen days. Failure to provide such notice by customer will be considered as abandoning its right to dispute the charges. MY COUNTRY MOBILE and Customer will work together to resolve any objections to the invoiced amount. MY COUNTRY MOBILE will credit the customer’s account for any disputed amount if the dispute is resolved favorably.
8.7. Except for taxes based upon MY COUNTRY MOBILE’s net income, all amounts payable under this Agreement to MY COUNTRY MOBILE are exempt from any tax. The customer may deduct taxes from MY COUNTRY MOBILE accounts if required by law. In this case, the payment amount will be automatically increased to the extent MY COUNTRY MOBILE receives less than the amount due or invoiced. Due to the obligation to pay such taxes, the customer must provide MY COUNTRY MOBILE the official statement from the tax authorities. The Customer must pay these taxes. MY COUNTRY MOBILE will also receive the official statement from the tax authorities if the exemption is granted.
8.8. If any amounts due to MY COUNTRY MOBILE under this Agreement fail to be paid by the due date, MY COUNTRY MOBILE will be entitled to charge interest at 7.7% above the annual base rate that the European Central bank uses for her main refinancing activities.
8.9. If the Customer fails to pay his obligations under this Agreement within the time period of a final notification, the parties agree that MY COUNTRY MOBILE will apply.
9. Technical Support
9.1. MY COUNTRY MOBILE reserves the right to suspend service without prior notice or consent from the customer in the event it needs to perform maintenance, upgrade or backup works. MY COUNTRY MOBILE will make every effort to minimize any disruptions to the service.
9.2. If the customer discovers any problems with the service, it will notify MY COUNTRY Mobil as soon as practicable.
10. Intellectual Property Rights
10.1. All Intellectual Property Rights held by one party shall be retained in that party. This is for clarity and to avoid any doubts.
- All rights, including trade names, documents, drawings, and information, as well as any access codes given to the Customer and information in MY COUNTRY MOBILE’s databases accessed by End Users and the Customer, remain the property of MY COUNTRY MOBILE.
- The Customer owns all information provided by MY COUNTRY MOBILE pursuant to this Agreement to it. This includes information relating to End Users.
10.2. MY COUNTRY MOBILE owns the trademarks, logos, and service marks (“Marks”) that are displayed on this website. Without MY COUNTRY MOBILE’s prior written consent, the Customer must not use MY COUNTRY MOBILE trademarks or copyrights to suggest approval or connection with services or products. Any other trademarks, trade name or company names mentioned herein are the property their respective owners.
10.3. Any rights to use the services and/or software related thereto, granted by MY COUNTRY MOBILE Customer, will be viewed as a limited, non-exclusive, and non-transferable licence of use by MY COUNTRY MOBILE for the specified purpose only.
10.4. MY COUNTRY MOBILE is authorized to use the Customer’s name or logo in marketing materials, presentations, customer lists, financial reports, and customer site listings. MY COUNTRY MOBILE also has permission to distribute the materials mentioned above in electronic and hardcopy forms, with or without additional fees.
11.1. Both parties agree not to disclose any information relating to this Agreement to third parties during or after its validity. However, each party may share with its officers and employees information that is necessary for them to perform their duties and to be able to exercise its rights and obligations under the Agreement.
11.2. In the following situations, confidentiality obligations and disclosure restrictions are not applicable:
- This information were known before the Agreement.
- Where such information was already available in the public domain, except for a violation of Clause 11.1.
- If a third party obtained the information from the disclosing party, it may have lawfully disclosed the information.
- Where required by law, disclosure is required
11.3. The Customer must ensure that confidentiality provisions in this Agreement are binding on all employees and agents. MY COUNTRY MOBILE shall be indemnified against any loss or damage caused by employees or agents who breach the confidence provisions.
11.4. MY COUNTRY MOBILE will have the unalienable and irrevocable right, at any time, to reveal the identity and address the Customer and End Users in the event that any complaint is received from any regulatory or government body or licensed telecommunications carrier in relation to services provided by the Customer.
12. Limitation Of Liability
12.1. MY COUNTRY MOBILE is not liable for any indirect or incidental, special, consequential damages, or for lost communications, loss of data, or economic losses arising out or in connection to this Agreement. In particular, they are not liable for any delay or failure in rectifying any such problem.
12.2. Direct damages. MY COUNTRY MOBILE can only claim direct damages for attributable or faulty failures to comply with these Terms of Service. This only refers to direct damages.
- The customer will pay all reasonable expenses to ensure MY COUNTRY MOBILE fulfills its obligations under these Terms of Service.
- The customer will pay all reasonable expenses to avoid or limit direct damages.
- The customer will pay all reasonable expenses to determine the nature and extent of direct damages.
12.3. Maximum amount. Maximum amount. Dollars; or, the amount that MY COUNTRY MOBILE invoiced and received from the customer for the month preceding, for any event or series thereof.
12.4. MY COUNTRY MOBILE will not be liable to the customer for any claim or demand where:
- The Customer’s or End-User’s negligence, misconduct, or breach of this Agreement is the basis for the demand or claim.
- If the Customer fails to immediately notify MY COUNTRY MOBILE of any claim.
- Suppose the Customer fails to give MY COUNTRY MOBILE the full authority to handle the claim, or fails to provide the necessary information for MY COUNTRY MOBILE to defend it. In that case, MY COUNTRY MOBILE will not be able to help.
13. Force Majeure
13.1. MY COUNTRY MOBILE will not be responsible for any interruption, delay, or service failure due to any matter or event beyond its control. This includes, but is not limited to, acts of God, inclement weather or storm, drought, lightning or fire, power outages, disruption to power supplies, disconnection damages or disturbances to telecommunications cables, trade dispute with government action, embargoes and termination of licenses or refusal to grant them.
13.2. MY COUNTRY MOBILE is not responsible for any consequences that may arise from a force majeure incident.
14.1. The customer agrees to indemnify My Country Mobile and its parent, subsidiaries and affiliates, as well as its officers and employees, against any claim or demand (including any third-party claims) arising from the customer’s or end user’s use of the service, and all costs related thereto. The Customer will not hold MY COUNTRY MOBILE, its parent, affiliates officers, employees, or officers responsible for any direct and/or indirect damage that results from the use of MY COUNTRY MOBILE software and services. This includes but is not limited to: the use of the service, confidence in information obtained and errors and omissions as well as viruses, delays in transmission, interruptions of service, or loss of data.
14.2. The customer agrees that MY COUNTRY MOBILE, its parent, subsidiaries and affiliates, as well as its officers and employees, will indemnify him against any claim or demand resulting from any act by the customer or a third party, including but not limited:
- An allegation or breach of these conditions.
- Negligence, misconduct, or any allegation or negligence of misconduct by the customer or any third party.
- Marketing or promotion that is done by the customer or for him.
- All costs related to the service content or marketing provided by or on behalf Customer.
15. Terms And Termination
15.1. Term. The Agreement becomes effective on the date that the Customer accepts it. It will continue to be in effect until either party terminates it as described in these Terms of Services.
15.2. Each party may terminate the Agreement by giving notice to the other for not less than two (2) month.
15.3. Termination consequences. All rights and licenses to the Service will be canceled upon termination of the Agreement.
15.4. MY COUNTRY MOBILE can terminate this Agreement immediately by notifying you at any time if:
- The terms of this Agreement do not bind the Customer.
- The Customer does not intend to or appears to intend to abide by this Agreement.
- The Customer stops trading, calls a meeting of or makes arrangements with its creditors, is in distress or subject to other seizure over any of its assets, or fails to satisfy any demand for payment by any legal person.
- Any action is taken to wind down or dissolve the Customer and/or a receiver.
- MY COUNTRY Mobil believes that the Customer has consented to services being used for an illegal purpose or any other use prohibited under this Agreement.
15.5. MY COUNTRY MOBILE reserves all rights to terminate or modify any Customer’s service if it determines that excessive billing has occurred or that the Customer is not fulfilling its obligations and responsibilities as set forth in Section 5.2. The Customer will continue to be responsible for all charges until the end of the current Service Term. This includes unbilled charges and a disconnection fee if applicable.
15.6. This Agreement may be terminated by either party if:
- If either party is found to have violated the Agreement and fails to remedy it within the 30 day period of being notified, and;
- One party may take any action to dissolve or wind up the other, and a receiver and/or manager/administrator is appointed over assets.
15.7. Survival. Survival. All provisions that must survive to have effect to their meaning will survive any expiration of termination of the Agreement. This includes all representations, warranties, and indemnification obligations of the Customer.
16.1. This Agreement is the complete understanding between the parties. Any prior agreements, representations, understandings or arrangements, oral or written, shall not be valid.
16.2. MY COUNTRY Mobil may alter any provision of this Agreement without the prior consent of the Customer if required by regulatory, insurance or safety changes after services have been provided.
16.3. MY COUNTRY MOBILE may update these Terms and Conditions. The Company reserves the right to amend this Agreement at any point by providing the Customer with the revised Agreement or by posting the revised Agreement on its website. The Customer can terminate his account at any time by writing to “email@example.com”. This will take effect on the date that the revised Agreement becomes effective. Continued use of the Service by Customer will be considered acceptance of the revised Agreement.
16.4. Service modifications: MY COUNTRY MOBILE reserves all rights to change the Service at any given time to comply with legal or regulatory obligations. The Customer can terminate their account at any time if it does not agree to these changes. This can be done by writing to “firstname.lastname@example.org”.
- MY COUNTRY MOBILE strives to keep any software and apps current and up-to-date. MY COUNTRY MOBILE reserves the right not to support or develop updates, bug fixes etc. Any version of such software or app. MY COUNTRY Mobil will make every effort to notify you in advance of any end of support or development.
16.5. Ownership: All numbers that were leased to Customer by MY COUNTRY MOBILE are still under MY COUNTRY MOBILE’s jurisdiction and can be reassigned at the end of this Agreement.
16.7. MY COUNTRY MOBILE’s rights under this Agreement do not change if it fails or chooses to enforce any. This Agreement will not be enforceable if any portion is invalid.
16.8. Application of Law. This Agreement will be governed and construed according to Irish Law. This Agreement will be governed by Irish law. The Customer agrees to submit to the exclusive jurisdiction and control of the Irish courts for all matters related thereto.
16.9. Competent Court. Customer agrees to submit to the exclusive jurisdiction and control of the Irish courts for all matters related to Agreement.
16.10. This Agreement does not create a partnership, joint venture, or agency relationship between the parties. The Agreement does not allow either party to make any guarantee or promise to third parties regarding the services.
16.11. It is believed that the service is provided using numbers from the Maltese National Numbering Plan.