Terms of Service

NocTel Communications, Inc.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY PRIOR TO USING NOCTEL COMMUNICATIONS INC.’s (“NOCTEL’S”) WEBSITE (“SITE”),  CONTROL PANEL (“CONTROL PANEL”), USER ACCOUNT (“ACCOUNT”) OR VoIP SERVICES (“SERVICES”). THE SITE IS ONLY AVAILABLE FOR USE ONLY ON THE CONDITION THAT YOU AGREE COMPLETELY TO THESE TERMS. BY ACCESSING OR USING THE SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES.

NocTel uses reasonable efforts to include accurate, complete and current information on this Site. However, NocTel does not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is Your responsibility to verify any information before relying on it.

Links on the Site to third party websites or information are provided solely as a convenience to You. If you use these links, You will leave the Site and will be subject to the Terms of Use and Privacy Policies applicable to those websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by NocTel of the third party, the third-party website, or the information contained therein with exception of qualified and active sales partners that are explicitly discernible. NocTel is not responsible for the availability of any such websites, and is not responsible or liable for any content thereon. It is up to You to take precautions to ensure that whatever website You select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

NocTel collects, stores, processes, and shares Your personal data as defined by GDPR on the basis of legitimate interest and practices all reasonable efforts to respect, protect, and make available Your collected personal data as a data subject under GDPR. Your personal data is shared with specific third parties providing relevant services to assist and enhance use, management, and operations of NocTel and its services. NocTel is not obligated to accommodate Your personal data rights requests submitted if You are not a data subject under GDPR’s terms, and possesses the ability to deny such requests if the legitimate and lawful grounds exist. Your personal  data that is submitted to NocTel does not require explicit consent prior to the submission of Your personal data as the collection, processing, and storage of the personal data in question is required to provide functional and reliable services to You. You as a user of NocTel’s Services are defined strictly as an individual employed by, associated with, or otherwise affiliated with customers of NocTel, which are classified as for profit and non-profit organizations, educational institutions, government offices, corporations, and businesses.

NocTel affirms Your personal data collected, stored, and processed are utilized strictly for the delivery of services and features, relevant notification of events, and consensual engagement regarding sales, support, and services. NocTel does not silo Your personal data with the intention of performing behavioral analysis to market or advertise natively or with a third party or otherwise seek to profile You with the intention of selling Your inferred or learned patterns to other organizations.

Requests made to NocTel in regard to Your personal data rights that are accommodated are provided with assessment of impact to services where nontrivial impact exists. Agreement to the impact of services in order to accommodate Your personal data rights request may be revoked by You or appealed by Your associated organization that is the customer of NocTel at any time after Your request is fulfilled or prior to the fulfillment of Your request. In accommodating Your personal data rights requests NocTel bears no liability for loss of data, impairment of communication over telephone or email, loss of productivity by You who submitted the request, loss of revenue incurred to Your associated organization that is a customer of NocTel, or extensive times to resolution of issues relating to You who submitted the request. The act of rescinding Your personal data rights request that opts out consent of collection, storage, processing, or sharing after being informed of impact of services is interpreted as Your explicit consent restoring or otherwise not changing NocTel’s ability to collect, store, process, and share Your personal data affected or in question by the personal data rights request You submitted.

Informational and promotion material created, maintained, and hosted by NocTel through this website and other sources are to be accessed with the certification You shall not distribute, alter, or modify with the intent of representing or making claim in proxy of NocTel and its services without NocTel’s express acknowledgement and permission.

In accessing the Control Panel, You certify the information provided is legally accurate to be the best of Your knowledge.  Further, access to the NocTel Control Panel expresses agreement by You to access or modify only entities You are legally privileged to.  Should Your actions in the Control Panel result in malfunction of Your Account, agreement to recovery of the Account into a working condition entitles NocTel visible access to Your Account information as necessary for the necessary period of time to remediate.

THIS SITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THIS SITE IS AT YOUR OWN RISK. NOCTEL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NOCTEL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY NOCTEL IN THESE TERMS OR IN A SEPARATE AGREEMENT BETWEEN YOU AND NOCTEL.

NOCTEL, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF NOCTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IF APPLICABLE LAW PROHIBITS OR RESTRICTS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN NOCTEL’S LIABILITY IS LIMITED AND WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT LIABILITY SHALL, IN NO EVENT, EXCEED $100.00. STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.