This “AGREEMENT” (“AGREEMENT”) among BV COMMUNICATIONS LLC, d.b.a. "TELEPHONAKI," with address 3110 37th Avenue, suite 500, Long Island City, NY 11101 (hereinafter "TELEPHONAKI") and the “CUSTOMER” (hereinafter "CUSTOMER") have been agreed and have became mutually accepted as follows:
1. DEFINITIONS. For purposes of this Agreement, the following definitions shall apply:
(A) “LICENSE” – The General License for providing “SERVICES” and activities, License No. 07-216, issued by the Greek National Telecommunications and Post Commission (hereinafter "EETT") to "Yuboto Telecommunications and Internet, Ltd.", d.b.a. "Yuboto, Ltd." (Hereinafter “Yuboto”), who provides certain services to “TELEPHONAKI” in connection with the “SERVICES” provided in connection with this “AGREEMENT”.
(B) “SIGN UP” – The process by which “CUSTOMER”, or a person authorized by “CUSTOMER”, registers for “SERVICES”. As detailed further herein below, “TELEPHONAKI” may request some supporting documents by “CUSTOMER” for purposes of securing “CUSTOMER” identity.
(C) “CUSTOMER” – The licensed telecommunications connection holder in whose name “TELEPHONAKI” issues an account for “SERVICES” in accordance with the terms and conditions set forth herein.
(D) “CONTRACT” – The full legal and commercial relationship between “TELEPHONAKI” and “CUSTOMER”, which is governed by the terms and conditions contained in this “AGREEMENT”, as well as such terms, conditions and other information that is contained in, or otherwise communicated during, “SIGN UP”.
(E) “SERVICES” – The voice over protocol IP (VoIP) provided to the “CUSTOMER” by “TELEPHONAKI”, such as described in this “AGREEMENT” and on the “WEBSITE”, and any other service which “TELEPHONAKI” may decide to offer in the future, such as those described in detail in accordance with the instructions and regulations on how to use the service.
(F) “PRICE LIST”
– The list of prices for “SERVICES”, as set forth on the “WEBSITE”. The prices for “SERVICES” as contained on the “PRICE LIST” are subject to change at any time by “TELEPHONAKI”, in its sole discretion.
(G) “Equipment” – The telecommunications equipment necessary for the provision of “SERVICES”, which shall be provided by “CUSTOMER”, and which shall be capable of telecommunications via IP protocol and otherwise compatible with the system requirements necessary for the provision of “SERVICES”. Examples include, without limitation, Indicative VoIP devices (Ethernet or USB), SIP adaptors, softphones, IP enabled PBX, and smartphones.
(H) “National Numbering Plan” – That portion of the international numbering plan assigned to the nation of Greece by the International Telecommunication Union (ITU), and the numbering resources (i.e., telephone numbers) used by electronic communications network providers under EETT Rule No. 441/121/2007, as amended from time to time thereafter.
(I) “WEBSITE” – The “WEBSITE” for “TELEPHONAKI”, accessible at www.telephonaki.com.
(J) “ACTIVATION” – The commencement of the “SERVICES”, which occurs upon completion of “SIGN UP” by “CUSTOMER”, payment by “CUSTOMER” of necessary activation charges, and approval of “CUSTOMER” by “TELEPHONAKI”.
(K) “ACTIVATION DATE” – The date upon which “ACTIVATION” shall occur.
(L) “CANCELLATION” – The termination of “SERVICES” by “CUSTOMER” or by “TELEPHONAKI” in accordance with the terms and conditions set forth herein and otherwise in accordance with the information and procedures contained on the “WEBSITE”.
(M) “CANCELLATION DATE” – The date upon which “CANCELLATION” shall occur.
2. PURPOSE OF THE CONTRACT
2.1. “TELEPHONAKI” shall provide “SERVICES”, utilizing IP protocol (VoIP), in accordance with the terms and conditions contained in this “AGREEMENT”, the “PRICE LIST”, the “WEBSITE”, and otherwise in accordance with applicable law. “SERVICES” require permanent ADSL internet connection provided by an internet access provider, which allows the use of ports and special equipment. “SERVICES” require the use of IP protocol to route telephone calls via the Internet. The connectivity and quality of calls made via VoIP depend on the speed and reliability of “CUSTOMER” Internet connection and the network where the connection is based. The “SERVICES” may be disrupted or otherwise cease to function in the event of a power interruption, signal drop and/or internet failure resulting from the equipment and network used by “CUSTOMER” for purposes of the “SERVICES”. Regarding “TELEPHONAKI” numbers which are geographic numbers in accordance with the National Numbering Plan, “CUSTOMER” must use geographic numbers within the boundaries set by each number based on the original prefix. “CUSTOMER” is not allowed to make permanent use of these numbers from outside the geographical area.
The “SERVICES” do not replace a conventional mobile or fixed (i.e., “landline”) telephone. No emergency calls can be made using “TELEPHONAKI”. If an emergency call is placed using the “TELEPHONAKI” application, due to the nature of VoIP telephony, the location of the caller cannot be identified, resulting in the competent authority to whom the emergency call was placed being informed that the “CUSTOMER” uses nomadic service and otherwise being unable to locate the caller for purposes of responding to the emergency. “CUSTOMER” should have a secure alternative for emergency calls, as “TELEPHONAKI” cannot be used to locate caller and should therefore not be used for emergency calls.
2.3 “CUSTOMER” acknowledges that the Internet is an open environment, leaving “CUSTOMER” solely responsible for the protection of “CUSTOMER” personal data. “CUSTOMER” shall act with diligence in taking all necessary precautions and security measures to prevent unauthorized use of the network. “TELEPHONAKI” expressly states that it has no control over the content transmitted over the network and therefore bears no responsibility regarding any such content that “CUSTOMER” accesses, transmits and/or otherwise receives while using “SERVICES” provided by “TELEPHONAKI”.
3.1. “CUSTOMER” must complete “SIGN UP”, which includes registration for “SERVICES” and acceptance of the terms and conditions contained in this “AGREEMENT”, as well as those set forth on the WEBSITE. “CUSTOMER” is required to register for “SERVICES” by visiting the “WEBSITE” and creating a personal account. “TELEPHONAKI” reserves the right to verify “CUSTOMER” identity and may require “CUSTOMER” to provide documentation or other information which substantiates the accuracy of the identification information provided by “CUSTOMER”, including, without limitation, “CUSTOMER” name, home address, mobile telephone number, personal email address and any other information which “TELEPHONAKI”, in its sole discretion, deems necessary and/or appropriate for purposes of commencing the provision of “SERVICES” to “CUSTOMER”. The e-mail address provided by “CUSTOMER” will be used by “TELEPHONAKI” to provide “CUSTOMER” with passwords and other important information necessary for purposes of activating and maintaining “SERVICES”. “CUSTOMER” must immediately notify “TELEPHONAKI” of any changes to “CUSTOMER” mobile phone number, email address or any other personal data.
3.2. “TELEPHONAKI” is entitled to collect evidence of economic solvency of the “CUSTOMER”, and in any case reserves the right not to activate or interrupt the “CONTRACT” and/or “SERVICES” if it considers that “CUSTOMER” provided inaccurate or suspect personal information, has not paid amount due on account or any other reasonable cause.
4. TERM & TERMINATION OF CONTRACT
4.1. The Contract commences on the “ACTIVATION DATE”.
4.2. The term of the Contract shall be one (1) month, and shall automatically renew on a monthly basis thereafter until “CANCELLATION” of service as provided herein below. The automatic renewal shall take place thirty (30) calendar days from the “ACTIVATION DATE”.
4.3. “CUSTOMER” can interrupt automatic monthly renewals by logging in to their account on the “WEBSITE” and selecting “dashboard,” followed by “interruption”. Except as otherwise expressly provided herein, a “CUSTOMER” in good standing who interrupts “SERVICES” as herein provided shall have no further obligation pursuant to the CONTRACT. For a period of six (6) months after the “CANCELLATION” DATE, “TELEPHONAKI” shall decommission the telephone number assigned to “CUSTOMER” in connection with “SERVICES” and shall reserve and otherwise not assign said telephone number to any other “CUSTOMER”. In this case the number is “decommissioned,” meaning that there is no possibility of incoming and outgoing calls. Within the aforementioned Six (6) month period, “CUSTOMER” shall be entitled to reactivate their “TELEPHONAKI” account using the decommissioned telephone number that had been previously assigned to “CUSTOMER”. “TELEPHONAKI” may terminate the “CONTRACT” if “CUSTOMER” has breached any applicable terms or conditions.
5. OBLIGATIONS OF THE COMPANY
5.1. “TELEPHONAKI” shall make best efforts to ensure the proper operation of its network and the provision of “SERVICES” to “CUSTOMER” and to ensure the security, integrity and preservation of the network functions that fall within the sphere of company’s control, and shall undertake any and all such measures as required by applicable law. Notwithstanding the foregoing, “TELEPHONAKI” shall be entitled to disable or temporarily interrupt “SERVICES” from time to time for purposes of performing scheduled network maintenance, and in such event shall not be liable to “CUSTOMER” for any damages arising therefrom, directly or indirectly, so long as “TELEPHONAKI” provides prior written notification to “CUSTOMER” regarding same, which notification may be provided by e-mail or by press release or announcement on the “WEBSITE”, or by any other means which “TELEPHONAKI”, in its sole discretion, deems reasonable and/or appropriate.
5.2. “CUSTOMER” shall be entitled to file a complaint with “TELEPHONAKI” in the event that “CUSTOMER” believes that an interruption of “SERVICES” is due to the failure by “TELEPHONAKI” to fulfill its obligations pursuant to the “CONTRACT”, in which case “TELEPHONAKI” shall be afforded the opportunity to confirm, based on the recorded technical data, the veracity of “CUSTOMER” claims, and, if so confirmed, “TELEPHONAKI” shall endeavor to proportionately compensate “CUSTOMER”, by way of refund, credit toward future charges, or other means as determined by “TELEPHONAKI” in its sole discretion, based on the extent and/or duration of the interruption of “SERVICES”. In no event shall “TELEPHONAKI” be liable to “CUSTOMER” for any amount greater than what “CUSTOMER” has actually paid for “SERVICES” in any given month of “CUSTOMER” account history.
5.3. “TELEPHONAKI” bears no responsibility for direct, indirect and/or consequential losses suffered by the “CUSTOMER”, including, without limitation, lost profits or revenue, loss or corruption of data or any other damage suffered by the “CUSTOMER”, unless due to intentional fraud by “TELEPHONAKI”.
5.4. In case of interruption (temporary or permanent) of “SERVICES” as a result of a force majeure event (meaning any event that is beyond the control of “TELEPHONAKI”), “TELEPHONAKI” shall not be in breach of any of its obligations towards you under the “CONTRACT” and shall otherwise not be liable for any damages resulting directly or indirectly therefrom.
5.5. “TELEPHONAKI” shall endeavor to preserve and protect data, which are transmitted or stored on the network, including personal data and other confidential and/or private information and protection of privacy.
5.6. “TELEPHONAKI” is not responsible for: a) the security, authenticity, accuracy and confidentiality, b) data that “CUSTOMER” receives, sends, stores through its access to network c) any direct or indirect, injury that may occur to “CUSTOMER” while accessing the Internet, but must take the necessary measures for the security of such data, d) for any dispute arising between the “CUSTOMER” or between the “CUSTOMER” and third parties that might be caused by messages, data, data or information being exchanged through its telecommunications network.
5.7. Quality of the “SERVICES” may vary depending on the type of Internet access, connection speed or technical parameters not objectively controlled by “TELEPHONAKI”. “TELEPHONAKI” is not liable in case of internet connection interruption due to service interruptions or due to problems that arise with internet provider. The interruption and/or suspension of internet access by service provider will cause the discontinuance of the “TELEPHONAKI” service hereof.
6. “CUSTOMER” OBLIGATIONS
6.1. “CUSTOMER” is solely responsible for the correct completion, accuracy and veracity of data submitted on “CUSTOMER” registration forms and electronic forms and other necessary documents for the activation of service.
6.2. “CUSTOMER” shall notify “TELEPHONAKI” within five (5) days of any change of information contained in registration data.
6.3. “CUSTOMER” expressly agrees that it will use the “SERVICES” in accordance with the Law and good faith and acknowledges that “CUSTOMER” is fully responsible for any fraudulent use. “TELEPHONAKI” will update/notify “CUSTOMER” by e-mail regarding complaints or third party claims. “CUSTOMER” shall respond by registered mail and/or e-mail within five (5) business days to documents requested by “TELEPHONAKI” on complaints, requests or claims from third parties or against a claim of dispersing its data to third parties. “CUSTOMER” will immediately report any lack of functionality of the rendered “SERVICES”. “TELEPHONAKI” is responsible for the quality of the “SERVICES” rendered from the date “CUSTOMER” notifies “TELEPHONAKI” of service issues.
6.4. “CUSTOMER” is obliged to make good use of the “SERVICES” in compliance with applicable law, the terms of the “CONTRACT”, and the “TELEPHONAKI” instructions, as incorporated in the website, contract and “TELEPHONAKI” communications to “CUSTOMER”.
6.5. If “CUSTOMER” does not comply with the terms of the “CONTRACT”, “TELEPHONAKI” reserves the right, upon notice to the “CUSTOMER”, at its discretion, to proceed immediately to “CANCELLATION”/INTERUPTION of “SERVICES”. Further, “CUSTOMER” agrees to indemnify, defend and hold harmless “TELEPHONAKI” and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnish “SERVICES” to “CUSTOMER” from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of “CUSTOMER”’s use of “SERVICES” (including without limitation posting, submitting, and/or transmission of any content), “CUSTOMER” breach of the “CONTRACT”, or “CUSTOMER” violation of any rights of another person or entity.
6.7. “CUSTOMER” username (username) and
password (password) is granted for strictly personal use by registered user. “CUSTOMER”
has to act with diligence and take every safety measure (e.x frequent change of
password, prohibiting use by third parties, etc.) to prevent the unauthorized
use of personal information on the internet. In case of loss of the password by
“CUSTOMER” or use by a third party (with or without the consent of “CUSTOMER”),
the “CUSTOMER” must immediately inform “TELEPHONAKI” in writing. During
the period until “CUSTOMER” informs “TELEPHONAKI”, the “CUSTOMER” is
responsible solely for any loss or damage that occurs to “CUSTOMER” and “TELEPHONAKI”
by unauthorized use of “SERVICES”. For security reasons, “TELEPHONAKI” is
entitled to interrupt “CUSTOMER” access to the “TELEPHONAKI” ““SERVICES””
6.8. Furthermore, not to be considered all-inclusive, misuse constitutes, the attempt of unauthorized use of password(s), committing criminal offenses, such as trafficking illegal, pirated or pornographic material, the use of personal data, records of “CUSTOMER” with or without “CUSTOMER” consent, failure to notify “TELEPHONAKI” in case of loss of “CUSTOMER” password or “CUSTOMER” personal data against “CUSTOMER” will, the performance of acts which constitute illegal access or attempt to access the electronic and database systems of ‘TELEPHONAKI” or any third party. “TELEPHONAKI” retains the right to delete from the server any and all content prohibited by law and by “CONTRACT” which “TELEPHONAKI” is notified of.
7. FEES - PAYMENTS
7.1. “CUSTOMER” is billed per minute from the first second of each minute. “CUSTOMER” use is rounded to the next minute regardless of how many seconds service is used. In case of monthly subscription interruption, the amount paid for current month is not refundable. “CUSTOMER” has use of the monthly subscription until the end of the current paid month, whether “CUSTOMER” uses the service or not, any amount paid is not refundable
7.2. “CUSTOMER” is charged according to the current price list of “TELEPHONAKI”, which is published on the “WEBSITE” (http://www.telephonaki.com). “CUSTOMER” charges are payable from date of activation and availability of “SERVICES”. In the case of free trial subscription, activation date is the first day after expiration of free trial period, where “CUSTOMER” is automatically registered and charged for standard monthly subscription.
7.2B Monthly Subscription Package call time and currency allowances are non-transferrable from month to month. Package minutes and currency expire at the end of each billing cycle and cannot be transferred and do not have cash value.
7.2C Call time and Currency purchased “a la carte” may be kept by “CUSTOMER” to use while “CUSTOMER” maintains an active account. “A la carte” purchases do not expire monthly. “CUSTOMER” forfeits any and all a la carte purchases of call time and currency at time of “CANCELLATION”/INTERUPTION of service.
7.3. “CUSTOMER” expressly acknowledges that any monthly or aggregate billing/invoice that “TELEPHONAKI” maintains in its computer system or data center which includes time and currency allotments and other “SERVICES” rendered, results in the amount owed as a result thereof, in accordance with the applicable current price list shall constitute full proof of “CUSTOMER” debt to “TELEPHONAKI” for “SERVICES” rendered due and payable by “CUSTOMER”
7.4. The current price list is disclosed to the “CUSTOMER” on “TELEPHONAKI” “WEBSITE” at www.telephonaki.com. “TELEPHONAKI” reserves the right to change the current price list at a time. Any change in prices by “TELEPHONAKI” may occur only after one (1) month or earlier in accordance with the law and shall be published either on the “WEBSITE” of “TELEPHONAKI” and/or through the “CUSTOMER” account or by email to “CUSTOMER”. “CUSTOMER” has the right to terminate in writing their account without any penalty, within a period of thirty (30) days of “CUSTOMER” notification.
7.5. “CUSTOMER” is responsible for any charges incurred to “CUSTOMER” account even if a third party used the “SERVICES”. Also, in case of monthly subscription, if “CUSTOMER” does not use time/currency, the amount paid and any time or currency is not refundable to “CUSTOMER” and cannot be carried forward to the next billing cycle.
“CUSTOMER” shall notify in
writing “TELEPHONAKI” about any omission or account error. After thirty (30)
days of billing date, and without “CUSTOMER” notice or objection, “CUSTOMER”
agrees that the account is accurate and that “CUSTOMER” was correctly charged by
“TELEPHONAKI”, and billing shall be legal evidence and document of “CUSTOMER” debt
for the rendered “SERVICES”.
7.7. “TELEPHONAKI” is entitled to unilateral temporary interruption of “CUSTOMER” service center without notice in cases of fraud.
7.8. “TELEPHONAKI” holds the telephone number assigned to “CUSTOMER” for a period up to six (6) months starting from the interruption of service before assigning that number again to another account.
7.9. The “CUSTOMER” takes note and accepts the possibility of getting billed through the use of third party “SERVICES” providing additional billing “SERVICES”. It is also expressly stated that the billed duration may be different from actual duration as it depends on the minimum charging rate and the charging rate received by the “CUSTOMER” based on the price list as applicable.
8. CONFIDENTIALITY - PRIVACY
8.1. “TELEPHOANAKI” takes all appropriate measures for the security of the confidentiality of “CUSTOMER” communications and information transmitted and data. However, “TELEPHONAKI” cannot guarantee the security of data transmitted over networks to the extent that such protection is not achieved by taking appropriate security measures imposed by the law. “TELEPHOANAKI” is not responsible for: (a) the authenticity, accuracy, confidentiality, fair or unfair nature of the data that the “CUSTOMER” receives or sends to others or stores through access to the network by third parties, (b) any direct or indirect, positive or negative, material or otherwise damage possibly incurred by “CUSTOMER” by accessing the Internet, and (c) for any dispute arising between the “CUSTOMER” or between “CUSTOMERS” and third parties that might be caused by messages, data, data or information being exchanged through its telecommunications network. “TELEPHONAKI” states that any lifting of the secrecy of the “CUSTOMER” communications is permitted only to the extent required by the law. Indicatively “TELEPHONAKI” complies with Prosecutor’s Order, order of court, or a decision of relevant authority.
8.2. “TELEPHONAKI” states and the “CUSTOMER” consents to the collection of all personal data of “CUSTOMER” by “TELEPHONAKI” to be used for the proper implementation, monitoring and protection of electronic communication “SERVICES” provided by “TELEPHONAKI”. Collected data is the possession of “TELEPHONAKI”, and its staff, within its sphere of authorization jurisdiction, and any natural person or legal person or entity to whom “TELEPHONAKI” is entitled or obliged to communicate the information under “CUSTOMER” consent, law or court decision. Moreover, “CUSTOMER” accepts that the connection with telecommunications networks of 3rd party operators for the provision of “SERVICES”, requires the transfer of personal data even if there has been a request to conceal such data. “TELEPHONAKI” may transmit personal data in order to remedy faults and/or activate the agreed upon “SERVICES”, when provided by third parties and the transfer is necessary for the restoration and/or commencement of “SERVICES”. “CUSTOMER” has the right to revoke its consent to the transferring of personal data concerning “CUSTOMER” at any time by written notice to “TELEPHONAKI”, unless such disclosure is permitted without the consent of the “CUSTOMER”.
8.3. “CUSTOMER” expressly agrees that “TELEPHONANKI” collects, maintains and shares “CUSTOMER” personal data, the recipients of which may be trade partners of “TELEPHONAKI”, such as financial institutions, the call center of “TELEPHONAKI”, affiliates or subsidiaries of “TELEPHONAKI” entrusted with judicial pursuit of arrears, or collection of debts due to “TELEPHONAKI” by “CUSTOMER”. “CUSTOMER” expressly consents and accepts to receive updates, by sms messages (the mobile phone number provided by “CUSTOMER” to “TELEPHONAKI”), e-mail or by any other appropriate means, regarding existing or new “SERVICES”, information, promotions and / or gifts by “TELEPHONAKI”.
9. COPYRIGHT. Except as otherwise provided, copyright of third parties and affiliates, content of “TELEPHONAKI”, including images, graphics, photographs, texts, provided “SERVICES” and all files are copyrighted and protected by the relevant legislation. It is expressly agreed that any kind of data that has been inserted or imported from “TELEPHONAKI” network, is intended solely for personal use of the “CUSTOMER”. The copyright of all these data remain the right and ownership of “TELEPHONAKI”. Only upon receipt of prior written license from “TELEPHONAKI” to “CUSTOMER”, permission can be given to “CUSTOMER” for reproduction, decompression, copying, re-publication, modification, communication, transmission, translation, adaptation, arrangement or any other alteration by any means, electronic or printed. If “TELEPHONAKI” provides “CUSTOMER” with software, “CUSTOMER” has the non-exclusive right to use that software in accordance to the instructions and directions of “TELEPHONAKI”, for the purpose and duration of the provision of the “SERVICES”.
10. INABILITY TO USE
10.1. “TELEPHONAKI” bears no responsibility for non-compliance or failure to comply with the terms of this, when it is due to force majeure or due to any other reason, the occurrence of which “TELEPHONAKI” cannot control, in occurrences but not limited like war (declared or not), strikes, accidents, fires, floods, storms, earthquakes or other natural disasters, terrorist acts, sabotage, governmental bans, acts Greek or Community or other authorities, embargo, failure or damage in the fixed public telecommunications network or telecommunication networks of third parties, judicial decisions, prosecution orders etc.).
9.2. “TELEPHONAKI” bears no responsibility for any malfunction to the use of the provided “SERVICES” because of “CUSTOMER” equipment and shall have no responsibility to replace, upgrade or maintain such equipment.
11. MISCELLANEOUS PROVISIONS
11.1. Nullity of a term or part of it thereof does not render void the rest of the terms or parts of the “CONTRACT”. The rest of terms remain valid and fully develop their legal effect and the parties will endeavor to pursue to replace any invalid conditions with valid of similar content.
11.2. Any notice by “TELEPHONAKI” to “CUSTOMER” under the “CONTRACT” may be made through the accounts sent to the “CUSTOMER” electronically or by fax or by any other appropriate means, especially by announcements through the “WEBSITE” or by email. “TELEPHONAKI” uses Greek or English language to provide notice to “CUSTOMER” and in any kind of communication with “CUSTOMER” is using the Greek language.
11.3. Any notification by “CUSTOMER” to “TELEPHONAKI” is valid only if made in writing, is the signed and mailed or transmitted by telefax (fax), with good transmission acknowledgment after this or otherwise by any means since the declaration of intention may prove each Party and the date by lawful means. E-mail messages (e-mail), that carry an electronic signature, are valid and binding declaration of intent.
11.4. “TELEPHONAKI” is entitled under the law to unilaterally amend the terms of this notice to the “CUSTOMER” by any means and not limited to suspension of the “CONTRACT” on “WEBSITE”. “CUSTOMER” within one (1) month of the notification, has the right of termination without any penalty for both parties “TELEPHONAKI” informs, as mentioned above, the “CUSTOMER” about the amendments and the right to terminate the contract, at least one (1) month before their entry into force.
11.5. It is expressly agreed that the “CUSTOMER” is not entitled to assign its claims and rights from the “CONTRACT” without the prior written consent of “TELEPHONAKI”. “TELEPHONAKI” may assign to a person or legal entity the collection of amounts owed by the “CUSTOMER” under the “AGREEMENT”.
11.6. The Terms of Service shall be governed by and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws or provisions of “CUSTOMER”’s actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the CONTRACT, “CUSTOMER”’s relationship with “TELEPHONAKI”, including any non-contractual obligations, shall be exclusively subject to the jurisdiction of the courts of the State of New York. Notwithstanding the foregoing, “TELEPHONAKI” shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.