Terms and Conditions

Understanding Pulsentone's Terms and Conditions

These terms of service, including the Orders and any applicable Service Attachments, form an agreement between Pulsentone and the legal entity identified as 'Customer' in the Order. Pulsentone and the Customer will be referred to as 'Party' or 'Parties.'

Business Use Only

Pulsentone offers services and equipment for business use only, following the terms outlined in this Agreement.

Acceptance

By electronically signing this Agreement, the Customer:

• Accepts the Agreement and agrees to follow its terms.
• Confirms they are at least 18 years old and have the authority to enter into this Agreement on behalf of their organization.
• Agrees that if they do not accept these terms, they and their End Users cannot install, download, or use the equipment or services.

Ordering and Term

1. Ordering Services:

• Customers can place Orders through the format provided by Pulsentone on its website.
• Orders will specify the Services, pricing, start date, and any licensed, leased, or sold products.
• An Order is binding when Pulsentone accepts and the Customer executes it. Pulsentone may accept an Order by beginning to provide the Services.

2. Services:

• Pulsentone offers various services such as SIP Services, VOIP Services, and Toll-Free Services (availability may vary by location).

3. Agreement Term:

• This Agreement starts on the Effective Date and continues until the last Order Form expires or is terminated earlier according to the terms.

4. Services Term and Automatic Renewal:

• Services begin on the Start Date specified in the initial Order and continue for the Initial Term.
• Upon expiry of the Initial Term, recurring services automatically renew unless either Party provides a notice of non-renewal at least 30 days before the expiration of the Initial Term or the current Renewal Term.

Invoicing and Payment

1. Prices and Charges:

• Prices are in Indian Rupees (Rs.) as listed on the website or Administrative Portal.
• Additional charges may apply for extra features, additional equipment or Services, or exceeding usage limits.

2. Billing and Payment:

• All equipment and Services must be purchased using a valid credit or debit card.
• The Customer authorizes Pulsentone to charge their payment card for Services, equipment, and any additional fees.
• Recurring charges are billed in advance, while usage-based and one-time charges are billed monthly in arrears.
• Payments are due in full within 30 days of the invoice date.
• Late payments may incur a fee of 1.5% per month or the highest rate allowed by Law.

3. Taxes:

• Prices do not include applicable taxes, which the Customer is responsible for.
• If any withholding tax is imposed, the Customer must increase the payment amount to ensure Pulsentone receives the full amount.

4. Billing Disputes:

• Customers must notify Pulsentone in writing within 30 days of the invoice date if they dispute any charges.
• Disputing part of an invoice does not relieve the obligation to pay the undisputed portion on time.

Provision of the Service

1. General Terms:

• Pulsentone provides the Services as described in the relevant Service Attachment and may enhance or change the features without reducing core functions or security.

2. Customer Care:

• Customers must provide first-tier support to their End Users. Pulsentone offers second-tier remote support to help resolve technical issues.

3. Managed Services:

• Customers can purchase Managed Services from Pulsentone to complement their existing Services.

4. Subcontracting:

• Pulsentone may provide Services through affiliates or subcontractors while maintaining responsibility for their actions.

Use of the Service

1. Technical Requirements:

• Services depend on the Customer maintaining adequate Internet access, networks, and power as specified in Pulsentone's Technical Sufficiency Criteria.

2. Use Policies:

Customers and their users must follow this Agreement, applicable Law, and the Use Policies.

Customers cannot resell Services or interfere with others' use of Pulsentone's Services.

Acceptable Use Policy

1. Compliance:

• Services must be used according to Pulsentone's Acceptable Use Policy, available at https://www.pulsentone.com/.

2. Immediate Actions:

Pulsentone may immediately suspend or limit Services if it detects illegal activity, policy violations, or use that interferes with its network.

Termination

1. Termination for Cause:

• Either Party may terminate this Agreement by providing notice if the other Party breaches any material term and fails to remedy it within 30 days.

2. Effect of Termination:

• If the Customer terminates due to Pulsentone's breach, they are not liable for fees after the termination date and will receive a refund for any prepaid charges.
• If terminated for other reasons, the Customer must pay all outstanding amounts and any fees for the remaining term.

Intellectual Property

1. Limited License:

• Pulsentone grants a non-exclusive, non-transferable license to use any software provided as part of the Services.

2. Customer Restrictions:

• Customers cannot resell, modify, reverse engineer, or use the software for purposes other than using the Services.

Confidentiality

1. Confidential Information:

• Both Parties agree to protect each other's Confidential Information and use it only to fulfill their obligations under this Agreement.

Data Protection

1. Privacy:

• Pulsentone will use Customer information according to its Data Processing Addendum.

2. Security:

• Pulsentone takes commercially reasonable measures to protect Customer data.

Indemnification

1. Customer Obligations:

• Customers must indemnify Pulsentone against third-party claims arising from their use of the Services.

Warranties

1. Pulsentone Warranty:

• Pulsentone will provide Services with a reasonable standard of skill and care.

2. Customer Warranty:

• Customers must use the Services in compliance with applicable Laws and this Agreement.

Dispute Resolution

1. Good Faith Effort:

• Both Parties will try to resolve disputes amicably before pursuing legal action.

2. Venue:

• Unresolved disputes will be handled by the state or federal courts in San Francisco, California, USA.

Contact Information

For any questions or support, please reach out to Pulsentone's Customer Care.