In this agreement IVèSA means IVèS inc. (Quebec company Num 1166352980), 448 Place Jacques-Cartier, Montréal, QC H2Y 3B3, Canada. These Terms of Service constitute a legal agreement ("Agreement") between You and IVèS. This Agreement governs both the Service and any terminals, such as an video IP phone or any other IP connection device ("Terminal"), used in conjunction with djanah Service. If you purchased Terminal from a retail store, dealer or other provider other than IVèS, you are a "Retail Customer" for purposes of this Agreement. Permission to use djanah service is conditional upon you agreeing to the terms set out below. By checking the box containing the words "I have read the djanah Service Terms of Use" you will be deemed to have accepted this Agreement. By purchasing, browsing, using or otherwise accessing djanah Service You are also agreeing to be bound by this Agreement. If You do not agree to all of the terms and conditions of this Agreement then You are not permitted to purchase or use djanah Service. djanah is a live video communication service accessible to djanah subscribers via Internet, mobile phones, videophone, videoconferencing device, video surveillance camera or video IP door. Some features of the djanah services can be accessed free of charge. Other services are paid for by Subscribers, who pay through subscription.
The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows:
"Pass" refers to a paid fixed rate giving access to djanah paid Services, as required, for a limited period that can be 1 month, 12 months, 24 months or 36 months, renewable after the purchased period on a monthly basis where the Pass has been purchased using a bank card or any other method of payment allowing continuing debits to be made.
"djanah" refers to the group of Services, the purpose of which is to provide video communication between individuals, for personal, leisure and non-business purposes. djanah is accessible from multiple devices (IP videophone, PC, MAC, Mobile phone, etc.), with or without payment.
"Paid Services" refers to all Services accessible, at rates quoted, by djanah Subscribers with a valid Access.
"Service(s)" refers to the entirety of the Services accessible to djanah subscribers, whether paid or unpaid.
"Subscriber(s)" refers to any or all valid registered users of the djanah Service who have or have not paid to use djanah.
"Terminal" means the device that enables video, audio and text communication between Subscribers and the services. It includes a personal computer equipped with video telephony software.
"Terms & Conditions of use" refers to this contract.
Service is offered on a monthly basis for a term that begins on the date that we activate your Service and pro-rates to next billing cycle. Billing cycles are from the 1st of the month till the end of the month in question. Payment is due on receipt of invoice and customer gives IVèS authorization to bill credit card on file for any due amounts. Subsequent terms of this Agreement automatically renew on a monthly basis after the end of the Pass duration unless you send us written notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. The use of the Paid Services assumes that You have a subscription. You can acquire a subscription by using credit card. The prices and the terms of payment for the different Paid Services are displayed at all times on the djanah website, including at the point when the subscriber chooses to make a purchase. The activation of a djanah subscription occurs as soon as, or a few moments after a valid transaction has been completed (successful online transaction). You must provide IVèS with a valid credit card number when you subscribe the Service. If the credit card expires, your billing address changes, you close your credit card account or the credit card is cancelled and replaced because of loss or theft, you must advise IVèS immediately (by email support (at) djanah.com or by phone 1-514-907-7719). IVèS may terminate your Service at any time in its sole discretion, if any charge to your credit card is declined or reversed, your credit card expires and you have not provided IVèS with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to IVèS for all charges accrued before termination and for all costs incurred by IVèS in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees. You are responsible for payment of all charges for services furnished to you and anyone authorized by you to use your service. This responsibility is not changed by virtue of any use, misuse, or abuse of your service undertaken or caused by third parties.
The service is ment to be use for interpersonal communication, video conferencing, access to video enabled devices and access to video call centers or other services. It can be used to provide professional services remotely by the mean of video communication ackowledging the limutation of warranties stated in article 12. In case of the use of personal computers, the installation of a software called LiveVideoPlugin will be required. It is the responsivility of user to perform this installation according to the procedure provided on the djanah web site. IVèS support services can provide a compatibility list in terms of hardware and operating system but because of the various models of computers and operating system configurations, some installation may fail. On its website, IVeS provides recommendation on netorking port to configure to allow the service to operate. It is the responsibility of the corporation to provide the proper Internet connection in terms of reliability and bandwidth to the terminal and to perform the necessary actions in its network or firewall to enable the use of SIP and RTP protocols between the Terminal and our SIP servers. The user may reuse the same account on up to three different devices but should keep is account credentials strictly confidential. If several devices are configured with the same account, they may not be able to call each other. The Service should not be used for any kind of auto dialer, predictive dialer, fax broadcasting, call reselling or any other bulk grey market activity. We reserve the right to disconnect any account if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal corporate usage patterns. The service should not be used for any illegal activity in regard with the laws of Canada or United State of America. IVèS reserves the right to suspend or terminate the service in case complaints are filed reporting such unlawful use.
IVèS will allow Subscribers to make international calls up to $20.00 per month. Above this limit, international calls that are not included in the plan, will be charged to your credit card immediately. The $20.00 charge will be an immediate payment. Countries included in the unlimited voice call plans are subject to change at any time and IVèS reserves the right to suspend or terminate service for fraud or suspected abuse as defined by IVèS at anytime.
Although we encourage you to use the Service to place calls to foreign countries from within Canada and the United States, and to use your account to make calls while outside of Canada and the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use.