BLIVALE Terms and Conditions
In messaging and telecommunications services
ART. 1 - OBJECT OF THE CONTRACT
1.1 - The object of this contract is the provision of "messaging and telecommunications services" to the Customer by Canary Islands BLIVALE SL based in Tenerife (Canary Islands - Spain), hereinafter called ' BLIVALE ', for 'courier and telecommunications services, for sending and receiving faxes via e-mail, sending and sending of SMS text messages, voice telephone' hereinafter 'services'.
1.2 - BLIVALE services will be sold online on the website www.blivale.com, or sold through distribution channels, such as distributors, resellers, shops, agents and network marketing or multilevel marketing.
1.3 - Before using any service offered by BLIVALE the user/customer must register on www.blivale.com.
1.4 - BLIVALE for the sale and distribution of these services is the official distributor partner who has defined and implemented the services mentioned, with offices and representation in various countries, such as London (England), Dubai (United Arab Emirates), Venice ( Italy) and Hong Kong (China), and others, then BLIVALE uses all its devices, services, servers, hubs and technologies in its power.
1.5 - The terms and conditions herein will be updated regularly as further food is dedicated to customer services and private companies.
ART. 2 - Duration of the contract and withdrawal
2.1 - This contract is valid from the date of purchase and activation of at least one service.
2.2 - For services that require the payment of a fee, the duration of the contract coincides with the period of validity of the tariffs. The contract can be automatically renewed for the period of validity of the tariffs if the customer explicitly requests it.
2.3 - For the provision of services, the duration of the contract coincides with the expiry of the credit.
2.4 - The free services have no expiry date and can be canceled by users or by BLIVALE at any time and without payment of additional amounts.
2.5 – For paid services, BLIVALE may, at its sole discretion, terminate the contract and/or all services early at any time, with at least seven days' notice. Notice is not necessary in the case of withdrawal for just cause, which may include but is not limited to traffic judged at the discretion of BLIVALE in the event of anomalous or too high or suspicious fraud.
2.6 - For paid services, the customer can withdraw early from the contract and/or from all services at any time with seven days' notice, upon payment by BLIVALE of the fees for the use of the service periods already expired.
ART. 3 - ADMISSION REQUIREMENTS
3.1 - To use all BLIVALE services , with the exception of Internet access services, which are regulated by a different contract, the customer must have an Internet connection.
3.2 - To use the services it is necessary to send information on the email account, the customer must have at least one email account.
3.3 - To use the telephone service or services that involve the sending of messages of any type in which the sender is indicated, the customer must carry out the so-called validation procedures on the website www.blivale.com and reserves the BLIVALE right to:
A) Request that these procedures are also carried out for the other services that will be provided as anti-fraud checks;
B) not activate or deactivate existing services if the customer does not carry out the validation procedures.
3.4 - To use the Services, the Customer must make an advance payment for the payment mechanism. The traffic consumed will be deducted from the credit.
3.5 - After receiving payment and meeting the access requirements mentioned in this section, activation is usually submitted within minutes with a maximum of 3 working days.
ART. 4 - login credentials
4.1 - The credentials necessary to manage access to BLIVALE services and update their personal data will be sent to BLIVALE or on its behalf, to the customer's specified mobile phone.
4.2 - The customer is required to conserve and protect his/her access credentials with the utmost care and will be directly responsible only for damages that the improper use of the same may cause to BLIVALE or to third parties.
4.3 - In the event of loss or theft of the password, the customer must change the password by accessing their area or by accessing the assistance service by activating a ticket on the website www.blivale.com .
ART. 5 - TELEPHONE NUMBERS
5.1 - BLIVALE assigns each customer at least one personal telephone number to receive calls and other services.
5.2 - The customer code is attributed to the use of BLIVALE services . The signing of the contract for the sole purpose of assigning a number, including the request for free portability on the network of another operator, constitutes contractual breach.
5.3 - BLIVALE associates the customer with the same personal telephone number for the entire duration of the contract, except:
- development of technical or regulatory incompatibilities with numbering;
- Failure to pay within the deadline indicated by BLIVALE has limited the service for which the number was obtained.
5.4 - Pursuant to current legislation, BLIVALE may reassign a telephone number to someone else for any reason, including termination of the contract with the customer, and this number will no longer be assigned to the customer.
5.5 - The customer recognizes his right to request portability to another number assigned by the BLIVALE operator according to the procedure established by laws and regulations. The conclusion of portability involves the termination by BLIVALE of the services associated with the ported number. If the customer stipulates a contract with another operator that requires the portability of the assigned BLIVALE number and authorizes the execution of the contract before the deadline recognized to the consumer for the exercise of the right of withdrawal, any subsequent exercise of this right may involve the subscription of a contract New contract with BLIVALE , as it cannot guarantee the automatic restoration of the previous contractual situation.
ART. 6 - Telephone lines associated with the customer account
6.1 - The numbers assigned to BLIVALE for voice services can make or receive a maximum of two calls simultaneously in one of the two directions. Beyond this limit, users who call the line will hear a busy signal and will no longer be able to make calls.
6.2 - In case of congestion of the telephone lines connected to the BLIVALE systems , users calling the lines will hear the busy signal, although BLIVALE will do everything possible to avoid it.
ART. 7 – SERVICE
7.1 - Requests for assistance for any service available by telephone, email or via Ticket on the Helpdesk of the website www.blivale.com . The service can currently be managed in three languages: English, Spanish and Italian.
7.2 - BLIVALE does not provide support for any software used by the customer that does not come from BLIVALE itself .
ART. 8 - RIGHT OF WITHDRAWAL
8.1 - By activating the services, the customer can exercise the right of withdrawal recognized by the provisions regarding distance contracts within 14 days of accepting this agreement. However, the refund cannot be requested by the customer, since these services have been purchased, provided and enabled.
8.2 - BLIVALE agrees that the service is activated or activated during the waiting time. In this case, if you exercise your right of termination, BLIVALE reserves the right to request from the customer an amount proportional to what has been provided so far.
ART. 9 - PRICE AND FORM OF PAYMENT
9.1 - The prices of the products and services indicated in the price lists published on the website www.blivale.com .
9.2 – For services that require the payment of an activation fee and/or advance payment of the annual fee, activation takes place after receipt of the fees and costs associated with such BLIVALE activation services . For services that require the payment of a fee that is not fully advanced, activation will take place upon receipt of payment by BLIVALE to the customer of the tariff request and any activation fee.
9.3 - Services requiring a fee may be renewed for the next payment period before the expiry date of the service.
9.4 - Payment can be made according to the terms and conditions on the site:
A) online with credit card
B) another authorized by BLIVALE payment systems will be announced on the website www.blivale.com.
9.5 - The invoice will be issued once payment has been made.
ARTICLE 10 – Customers' obligations of correct use
10.1 – The Services provided by BLIVALE cannot under any circumstances be used by Customers for illicit purposes and/or cause inconvenience to others. In these cases BLIVALE may, at its discretion, immediately cancel the services, without saying anything, and return them to the customers. BLIVALE has the right to take legal action for compensation for any damage suffered.
10.2 - The use of BLIVALEservices and systems for carrying out arbitration or telephone traffic activities, in general, for the development of telecommunications traffic in order to obtain for oneself or third parties advantages, guarantees, financing and implementation incentives and/or or receptive, including unanswered communications of any kind. By way of example, but not limited to, it is not possible to use any BLIVALE system to obtain an advantage for oneself or for others, through telephone calls, SMS sent to mobile or landline numbers, with the so-called automatic "-complement". or" "offers or" rewards "premium personal numbers" or "" or "cost-sharing numbers", which pay cash or credits or benefits to the owner or user of the series. In these cases, BLIVALE may, at its discretion, suspend the customer's services immediately, without having anything for the customer, BLIVALE having the right to take legal action for compensation for any damage suffered.
10.3 - Resale to third parties, for any reason, of the services provided by BLIVALE is prohibited .
10.4 - The service provided by BLIVALE is the responsibility of the customer, who will therefore be solely responsible for the use of the service.
10.5 - If the traffic is considered anomalous by BLIVALE , or even just raises suspicions of possible fraud, illicit activities, or contractual breaches, or even technical problems that could jeopardize the infrastructure of BLIVALE or other operators, BLIVALE may Suspend, even selectively , the services provided and/or access the website without any charge for this. BLIVALE will resume services after further tests fail to confirm suspicions. BLIVALE has the right to take legal action for compensation for any damage suffered.
10.6 - Abuse is determined by a revocation of the user. If BLIVALE finds a use of the service that does not comply with the laws regulating the activity of call centers, it may suspend the service, even on the basis of mere suspicion, customer number and the closing of the contract, without having anything for the customer.
10.7 - Respect the fair use policy. This policy can be found at this link: FUP (Fair Use Policy).
ART. 11 - LIMITATION OF LIABILITY AND INDEMNIFICATION
11.1 - BLIVALE will not be responsible, except in cases of willful misconduct or gross negligence, for damages resulting from bad service, failure to send or receive messages of any kind, blocking of services, malfunction, poor quality or telephone calls, disservices, delays or errors when sending or receiving messages.
11.2 - BLIVALE will not be responsible in any way, having no control over the equipment involved, due to disruptions due to switching errors in the public telephone network, resulting in call delivery or with an incorrect telephone destination number.
11.3 - BLIVALE will not be responsible for damages that may be caused to the Customer or third parties due to the loss or delay in delivery of emails after transmission to an SMTP server for clients of the email domain.
11.4 - BLIVALE will not be responsible in any way for damages caused to the customer or third parties, for the loss or delay in the delivery of emails resulting from the impossibility of reaching through the public for any reason at least one SMTP server for the mail domain of the client.
11.5 - BLIVALE will never be responsible for any problems related to the malfunction of VOIP services that are attributable to SIP clients, improper/appropriate/incompatible SIP clients or configuration or any part of the network that is not under the control of BLIVALE.
11.6 - BLIVALE is not responsible in any way for the content of messages sent, transmitted or received through its services, as well as telephone calls made by Customers. The BLIVALE customer expressly indemnifies from any requests for compensation for damages and damages by third parties in relation to the content of the messages or telephone calls.
11.7 - BLIVALE will not be responsible in any way for any damage caused to the Customer or to third parties, in accordance with the law, by numbers previously assigned to third parties.
11.8 - BLIVALE will not be responsible in any way for the improper use of BLIVALE numbers , for any complaint or sanction by regulatory authorities or third parties, which will be fully borne by the customer.
ART. 12 - Confidentiality of messages in transit and data protection
12.1 – BLIVALE does not compromise access and/or intercept the content of messages and/or phone calls in transit through its systems, nor does it communicate such contents to third parties, except in cases provided for by law, at the request of the police authorities. Likewise, it adapts to the rules for managing data traffic.
12.2 - All personal data is collected and managed to carry out all the measures necessary to provide the messaging and telecommunications services offered by BLIVALE , as well as for statistical purposes and for sending commercial electronic mail. Customer email functions. Products and services similar to those purchased by the customer. . The name of the client company may be used by BLIVALE as a reference in commercial negotiations. With your consent, which you can freely express by checking the box at the time of registration, BLIVALE may send your or third party commercial correspondence via SMS, fax or email. Consent to such correspondence may be revoked at any time by contacting BLIVALE customer service or by activating a ticket at the helpdesk of the website www.blivale.com.
The customer will be able to modify and update their personal data by accessing, using user ID and password, the control panel via the web page www.blivale.com.
ART. 13 - Contractual modifications
13.1 – BLIVALE may make changes to this contract by notifying the customer at least 30 days before the changes take effect. If you do not accept you have the right to withdraw from the contract and nothing is owed by the BLIVALE customer .
