ValuTel Terms and Conditions

Effective Date: January 28, 2004

Welcome to ValuTel, a Voice over Internet Protocol (VoIP) carrier providing telecommunications services. By accessing or using ValuTel’s services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your use of ValuTel’s services, including but not limited to VoIP telephony, messaging, and related features (collectively, the “Services”). Please read these Terms carefully. If you do not agree, you must not use the Services.

1. Acceptance of Terms

By subscribing to or using ValuTel’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any applicable laws or regulations. These Terms form a legally binding agreement between you and ValuTel (“we,” “us,” or “our”).

2. Service Description

ValuTel provides VoIP-based communication services, including voice calls, messaging, and related features, subject to the terms outlined herein. Services are provided “as is” and are subject to availability, technical limitations, and compliance with applicable laws.

2.1 Eligibility

To use the Services, you must be at least 18 years old or the age of majority in your jurisdiction and have the legal capacity to enter into a contract. You represent that all information provided to ValuTel is accurate, complete, and current.

2.2 Service Availability

ValuTel strives to provide reliable Services but does not guarantee uninterrupted or error-free operation. Services may be affected by maintenance, upgrades, network congestion, or other factors beyond our control.

3. PCI DSS Compliance

ValuTel is committed to maintaining compliance with the Payment Card Industry Data Security Standard (PCI DSS) for all payment processing activities involving cardholder data. This section outlines our obligations and your responsibilities regarding payment security.

3.1 ValuTel’s PCI DSS Obligations

  • Secure Processing: ValuTel uses PCI DSS-compliant third-party payment processors to handle cardholder data securely. We do not store, process, or transmit cardholder data directly on our systems unless encrypted and in compliance with PCI DSS requirements.

  • Data Security: ValuTel implements and maintains robust security measures, including encryption, access controls, and regular security assessments, to protect cardholder data in accordance with PCI DSS standards.

  • Third-Party Compliance: Any third-party service providers used by ValuTel for payment processing are required to be PCI DSS compliant.

3.2 Customer Responsibilities

  • Secure Use of Services: You agree to use ValuTel’s payment systems responsibly and not to transmit cardholder data through unsecured channels (e.g., unencrypted email or messaging).

  • Compliance with Laws: You are responsible for ensuring that your use of the Services complies with all applicable laws, including those related to payment processing and data protection.

  • Reporting Security Issues: You must promptly notify ValuTel of any suspected security breaches or unauthorized access to payment systems related to the Services.

4. Payment Terms

4.1 Fees and Billing

  • Services are provided on a prepaid or subscription basis, as specified in your service plan. All fees are non-refundable unless otherwise stated.

  • You authorize ValuTel or its third-party payment processor to charge your provided payment method for all applicable fees, taxes, and surcharges.

  • ValuTel reserves the right to modify pricing with reasonable notice. Continued use of the Services after such notice constitutes acceptance of the new pricing.

4.2 Payment Security

  • All payment transactions are processed through PCI DSS-compliant third-party processors. You agree to provide accurate and valid payment information and to update it promptly if it changes.

  • ValuTel does not store full cardholder data. Any payment information provided is tokenized or encrypted to ensure compliance with PCI DSS.

4.3 Late Payments

  • Failure to pay fees when due may result in suspension or termination of Services. ValuTel is not liable for any losses resulting from such actions.

  • Late payments may incur additional fees or interest, as permitted by applicable law.

5. Customer Obligations

5.1 Acceptable Use

You agree to use the Services in compliance with all applicable laws, regulations, and these Terms. Prohibited activities include, but are not limited to:

  • Using the Services for illegal purposes, including fraud, phishing, or unauthorized access to systems.

  • Transmitting malicious code, spam, or unsolicited communications.

  • Interfering with or disrupting the Services or ValuTel’s infrastructure.

5.2 Account Security

  • You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

  • You must notify ValuTel immediately of any unauthorized use or security breach related to your account.

6. Privacy and Data Protection

ValuTel’s collection, use, and protection of personal information, including cardholder data, are governed by our Privacy Policy, available at [insert URL]. By using the Services, you consent to the practices described therein.

6.1 Cardholder Data

  • ValuTel collects only the minimum necessary cardholder data for payment processing and uses it solely for that purpose.

  • All cardholder data is handled in accordance with PCI DSS requirements, including encryption during transmission and storage.

7. Termination

7.1 By Customer

You may terminate your account or subscription at any time by contacting ValuTel customer support. No refunds will be issued for prepaid or unused Services unless required by law.

7.2 By ValuTel

ValuTel may suspend or terminate your access to the Services, with or without notice, for:

  • Violation of these Terms.

  • Non-payment of fees.

  • Suspected illegal or fraudulent activity.

  • Any other reason deemed necessary to protect ValuTel, its customers, or its systems.

7.3 Post-Termination

Upon termination, your right to use the Services ceases immediately. ValuTel may delete your account data, subject to applicable laws and PCI DSS requirements.

8. Limitation of Liability

To the fullest extent permitted by law, ValuTel shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the Services, including but not limited to loss of data, revenue, or profits. ValuTel’s total liability shall not exceed the amount paid by you for the Services in the preceding 12 months.

9. Indemnification

You agree to indemnify and hold harmless ValuTel, its affiliates, officers, directors, and employees from any claims, damages, or losses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

10. Intellectual Property

All content, software, and technology used to provide the Services are the property of ValuTel or its licensors and are protected by intellectual property laws. You are granted a limited, non-transferable license to use the Services for personal or business purposes, subject to these Terms.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved through binding arbitration in Delaware, conducted in accordance with the rules of the American Arbitration Association.

12. Modifications to Terms

ValuTel may update these Terms at any time by posting the revised version on our website. Continued use of the Services after such changes constitutes your acceptance of the updated Terms.

13. Force Majeure

ValuTel shall not be liable for any failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, cyberattacks, or government actions.

14. Contact Information

For questions, support, or to report security issues, contact ValuTel at:

  • Email: support@valutel.net

  • Phone: 1-833-VALUTEL (825-8835)

15. Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and ValuTel regarding the Services.

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  • No Waiver: ValuTel’s failure to enforce any provision of these Terms does not constitute a waiver of that provision.

By using ValuTel’s Services, you acknowledge that you have read and agree to these Terms and Conditions.