Terms of Service and Agreements

1. AS WaveCom Terms of Service
2. Dedicated Server and Private Cloud
3. Cloud Server and Public Cloud
4. Website and e-mail hosting
5. Server housing
6. IP Phone
7. IP Call Centre
8. Acceptable Use Policy (AUP)

AS WaveCom Terms of Service

1. Glossary

WaveCom - The public limited company (AS) WaveCom, registry code 10756058, located at Kotka 26, Tallinn, Harju County, Estonia, and represented in its relations with the Customer by its legal or authorized representative.
Price List - The list of general prices of WaveCom’s Services, accessories and sanctions, set forth by WaveCom and publicly available to the Customer from WaveCom customer service and on the WaveCom Website.
Hotline - WaveCom customer service telephone at +372 6850000. Available 09-21 Mon-Fri, and 12-17 Sat-Sun and on national holidays.
Customer Portal - Online customer service platform located at the WaveCom Website https://clients.wavecom.ee.
Personal Information - Customer’s personal details (Customer’s name, social security number, date of birth, identity document details) and contact information (Customer’s address, contact details, e-mail address) and information regarding the Service used by the Customer (Service usage volume and history, Customer’s payment history), as held by WaveCom.
Customer - A natural or legal person in a current contractual relationship with WaveCom based on a Customer Agreement, and acting in person or via their legal or authorized representative. Unless the Parties agree otherwise, a natural or legal person may become a Customer only if the natural person is of age and the natural or legal person has no outstanding debt to WaveCom.
Website - WaveCom’s website at www.wavecom.ee.
Service - Any services provided by WaveCom to the Customer, including but not limited to server housing, dedicated server, cloud server, web hosting, IP Phone, broadband service.
General Terms - These General Terms of WaveCom Telecommunication Services. Agreement The agreement concluded between the Customer and WaveCom for the provision of Service.
AUP - Acceptable Use Policy. Available on the WaveCom Website at https://www.wavecom.ee/teenuste-tingimused-ja-lepingud#akn

2. Concluding the Agreement

2.1 When a Customer subscribes to a Service, the Service Agreement terms will be submitted for review to the Customer; once the Customer confirms that they have reviewed the terms and wish to subscribe to the Service, the terms will be deemed to be accepted by the Customer. The Agreement will enter into force when the WaveCom Customer pays the first invoice issued to them.
2.2 WaveCom concludes Agreements in Estonian, in English and in Russian. Regarding the application of Agreements, including dispute resolution, the Estonian version of an Agreement takes precedence over other versions.
2.3 WaveCom is entitled to refuse to conclude an Agreement if the other Party has violated WaveCom’s or third parties’ terms of service (e.g. a payment obligation) or best practices of Internet usage, or for other good reasons as determined by WaveCom.
2.4 The Customer has the right to withdraw from an Agreement concluded online within fourteen (14) calendar days of the date of concluding the Agreement, by terminating Service in the Customer Portal. If, during termination of Service, the Customer requests a refund of the fee for the unused portion of the Service (the sum paid minus a fee for the days when the Service was used), a refund will be made without delay, but no later than 30 days after WaveCom receives the notice of withdrawal from the Agreement.

3. Procedure of Service provision

3.1. The Start of Service is deemed to be the date when WaveCom makes the Service available for use.

4. Parties’ certifications at concluding the Agreement

4.1.1 The Parties certify to each other that:
4.1.2 They have passive and active legal capacity and no bankruptcy proceedings have been initiated or no bankruptcy caution has been filed against them. If a Party is a legal person, they certify that no dissolution resolution has been taken regarding them.
4.1.3 They have all necessary approvals and authorizations for concluding and performing the Agreement, and that concluding and performing the Agreement would not entail a violation of any obligation pursuant to a legal or administrative act, court judgment, or legal relationship on behalf of the Party, and that they possess all necessary means and skills for performing their obligations pursuant to the Agreement.
4.2 The Parties will notify the other Party of any changes to the circumstances certified in Section 4.1.
4.3 The Customer certifies that:
4.3.1 prior to concluding the Agreement, they have reviewed all terms of the Agreement (including the applicable general and special Terms of Service, General Terms, and Price List), have understood these, and are aware of all rights and obligations arising pursuant to the Agreement;
4.3.2 all information submitted by them to WaveCom at concluding the Agreement is accurate; they further acknowledge that other parties besides WaveCom may rely on its accuracy, and submitting inaccurate information may entail sanctions against them and/or WaveCom.

5. WaveCom’s rights and obligations

5.1. To ensure continuous Service availability to the Customer at all hours.
5.2. In case of an interruption of Service, availability due to circumstances not under the Customer’s control, to resolve such circumstances in WaveCom’s area of service at WaveCom’s expense within the term specified in this Agreement.
5.3. To inform the Customer at least 48 hours in advance of any circumstances preventing use of Service, including suspension of communication due to technical reasons.
5.4. WaveCom reserves the right to amend their prices and terms of Service by notifying the Customer in writing at least 30 calendar days in advance.
5.5. WaveCom reserves the right to amend the general terms of Agreement by publishing the latter on the Website and notifying the Customer in writing at least 30 calendar days in advance.
5.6. WaveCom is entitled to suspend or terminate the Service if the Customer violates the terms of this Agreement, e.g. if the Customer has not paid an invoice within 5 days after the due date specified on the invoice, by giving notice via e-mail at least 5 days in advance.
5.7. WaveCom is entitled to terminate provision of Service to the Customer with no advance notice if the Customer has violated the Acceptable Use Policy (AUP).
5.8. WaveCom aspires to keep their services up to date and competitive. WaveCom reserves the right to amend the principles of Service provision, including the technology and software applications used for Service provision, by giving advance notice to the Customer. Such amendments may be made due to changes in legislation, technological developments, and security issues.
6. Customer’s rights and obligations
6.1. The Customer is entitled to use the Service according to their wishes and needs, but only according to its intended use. The Customer undertakes to use the Services according to the AUP, the Agreements, the applicable legislation (including intellectual property legislation), the principle of good will, and best practices.
6.2. The Customer is obligated to:
6.2.1 pay for Services used based on invoices issued by WaveCom by the payment term specified on each invoice;
6.2.2 inform WaveCom of any network deficiencies, malfunctions and disturbances by calling 6850000 or sending an e-mail to support@wavecom.ee6.2.3 not use the Service in a way that would interfere with the functioning of the communications network, technical systems, and servers;
6.2.4 update their contact information in the Customer Portal if this information changes.
6.3 The Customer will pay the monthly fee for periods when Service provision is limited or suspended pursuant to Sections 5.6, 5.7 and 6.2.3. The Customer undertakes to use the Services according to the technical parameters of the plan they have subscribed to; if the technical parameters are insufficient, the Customer shall subscribe to a sufficient Service / additional resource. If the technical parameters are determined to be insufficient (e.g. server resource usage by the Customer exceeds the agreed total volume), on the first occurrence WaveCom will request that the Customer bring their Service usage in line with the Agreement within one (1) week. If the Customer does not fulfill this request, additional fees for exceeding the resource limits specified in the Agreement will apply to the Customer, if such fees are listed in the Price List. On any following occurrences, WaveCom will apply the additional fees without giving a deadline for ceasing the violation.

7. Payment for Service

7.1 WaveCom will issue Service invoices to the Customer based on the billing cycle of the subscription. The invoice will be issued from the date the Service was activated in the Customer Portal, regardless of whether the Customer has actually used the Service.
7.2 The Customer undertakes to immediately inform WaveCom of non-receipt of Service invoice, and of any mistakes found on the invoice.

8. Term of the Agreement, and amendment and termination of the Agreement

8.1 WaveCom reserves the right to amend the terms of the Agreement unilaterally pursuant to changes in legislation or judicial practice, pursuant to an administrative authority’s control actions, or pursuant to other material circumstances regarding Service provision. WaveCom will publish amended terms on its Website no later than 30 days before they take effect. If the Customer does not agree to the amended terms, they may terminate the Agreement within 30 days and receive a refund for the unused period of Service.
8.2 The Customer is entitled to terminate the Agreement at any time by terminating the relevant Service(s) in the Customer Portal or sending a digitally signed application to wavecom@wavecom.ee.
8.3 If the Customer terminates the Agreement, they must pay for Services provided by WaveCom until the time Service provision is terminated. If the Customer terminates the Agreement before the end of a month, and the Service Agreement specifies a monthly fee, the Customer must pay the entire monthly fee. 
8.4 WaveCom may terminate the Agreement within 10 days if the other Party violates the Agreement repeatedly and Service has been restricted pursuant to Sections 5.6, 5.7 and 6.2.3 and the basis of the restriction is still present.

9. Liability of the Parties

9.1. WaveCom will not be liable for communication interruptions or technical problems if the requirements of Sections 5.6, 5.7, 6.2.2 and 6.2.3 have been violated.
9.2. Parties will not be liable for non-performance or malperformance of obligations arising from the Agreement due to force majeure.
9.3. Any unforeseeable circumstance which the Parties have no control over, including, but not limited to fire, explosion, natural disasters, war, etc., will be considered to be force majeure.
9.4. The occurrence of force majeure will not relieve the Parties of their obligation to minimize damages arising from force majeure, and the Parties will be obligated to resume performance of their obligations as soon as force majeure ends.
9.5. WaveCom will not be obligated to monitor the usage of its Services, but may do so, and may disclose information regarding the use of its Services for several reasons. For example, in order to comply with legislation and regulations, to fulfil requests from courts or law enforcement authorities, to ensure proper functioning of the Service, or to protect the rights of WaveCom or its Customers. WaveCom may give law enforcement authorities access to its equipment for monitoring Service usage.
9.6. WaveCom does not guarantee that usage of the Service is trouble-free or without interruption, or that the Service does not include viruses or other malware.
9.7. Advice provided by WaveCom or its representatives can not be regarded as a guarantee.
9.8. Regarding provision of Services, WaveCom’s maximum liability will not exceed one (1) month’s fee for the relevant Service.
9.9. WaveCom is not liable for claims or damages or court cases regarding claims or damages that arise from third persons having gained access to the Customer’s data or servers; violation of the Customer’s security protocols; interception of communications; DoS attacks, network traffic interception utilizing the WaveCom network, communication errors or interruptions; deletion of files; defects; operational delays; other inabilities to perform the Terms of Service; loss of data or loss of access to data.
9.10. Any disputes regarding the performance, amendment or termination of the Agreement will be resolved between the Parties. If an agreement cannot be reached, the dispute will be resolved in Harju County Court.
9.11. The Customer is obligated to pay all expenses associated with debt recovery, including the cost of issuing reminders, legal costs, and debt collection service fees.

10. Confidentiality

10.1. Information submitted by the Customer will be considered to be confidential, and WaveCom undertakes to not disclose it to third persons without prior written authorization from the other Party, excluding circumstances set forth in the legislation of the Republic of Estonia.
10.2 WaveCom may submit and disclose the Customer’s information to credit rating agencies and debt collection agencies if the Customer has outstanding debt.
10.2. The confidentiality obligation will remain in effect indefinitely after termination of the Agreement.
10.3. WaveCom’s employees are obligated to maintain the confidentiality of confidential information learned in the course of their duties even after the processing of such information is completed and after their employment ends.

 

Dedicated Server and Private Cloud

1. GLOSSARY

Service – WaveCom’s hardware or platform enabling the Customer to use various server services, e.g. to install and make everyday use of various operating systems or virtualization platforms.

2. USE OF SERVICE

2.1 Subject to the restrictions arising from AUP, the Customer is entitled to use the Service(s) for storing and/or making public all of their applications and data.
2.2 The Customer undertakes to keep their server operating system and installed applications as up to date as possible, in order to prevent security incidents.
2.3 If Service provision is suspended or terminated, the Customer will be unable to access and administer the server. Upon termination of Service, data will be deleted and may not be recoverable.

3. SERVICE MAINTENANCE. HANDLING OF FAILURES

3.1 In order to provide a stable Service, WaveCom will conduct regular maintenance, including updating firmware and testing. WaveCom will notify the Customer of any planned Server maintenance and improvements at least three (3) calendar days in advance, if such works may interfere with regular Service usage. Such planned maintenance will always be performed outside business hours. In emergencies that threaten the Customer’s Service integrity, WaveCom will be entitled to perform maintenance at other times and make changes in configuration without giving advance notice to the Customer.
3.2 WaveCom will fix any Service faults within a reasonable time, but no later than two (2) hours if the fault substantially interferes with the Service. Minor problems, such as user interface malfunctions, will be fixed as soon as possible, usually within 1 business day, unless fixing the fault would require a patch or intervention from the software developer.
3.3 WaveCom does not perform server backups and does not guarantee data integrity in case of any fault. Customers must regularly back up their data and store the backups externally.
3.4 If the Customer is subscribed to a Servicing Contract, WaveCom will periodically update their software, and provide software consultation and user support over telephone and via e-mail.

4. Liability of Parties

4.1 If WaveCom is unable to adhere to the dates provided in Section 3.2, the Customer may request a credit for the amount of one (1) month’s fee for the relevant Service.

 

Cloud Server and Public Cloud

1. GLOSSARY

Service – WaveCom’s set of software and accompanying hardware that enables the Customer to use server services, including creating virtual servers and services according to resources subscribed to.

2. USE OF SERVICE

2.1 The Customer undertakes to keep their server operating systems or installed applications as up to date as possible, in order to avoid security incidents.
2.2 If Service provision is suspended or terminated, the Customer will no longer have access to data. Upon termination of Service, data will be deleted and may not be recoverable.

3. SERVER MAINTENANCE. HANDLING OF FAILURES

3.1 In order to provide a stable Service, WaveCom will conduct regular Service maintenance; in case of the high availability Public Cloud Service, this will not interfere with Service usage. WaveCom will notify the Customer of any planned Service maintenance and improvements at least three (3) calendar days in advance, if such works could interfere with regular Service usage. Such planned maintenance will always be performed outside business hours. In emergencies, WaveCom will be entitled to perform maintenance at other times and make changes in configuration without giving advance notice to the Customer.
3.2 WaveCom will fix any Service faults within a reasonable time, but no later than two (2) hours if the fault substantially interferes with the Service. Minor problems, such as user interface malfunctions, will be fixed as soon as possible, usually within 1 business day, unless fixing the fault would require a patch or intervention from the software developer.
3.3 WaveCom will make regular backups of the Customer’s data, including constant offsite replication in the Public Cloud, but does not guarantee data integrity. Customers must regularly back up their files and store the backups outside the WaveCom network.

4. Liability of Parties

4.1 If WaveCom is unable to adhere to the dates provided in Section 3.2, the Customer may request a credit for the amount of one (1) month’s fee for the relevant Service.
 

 

Website and e-mail hosting

1. GLOSSARY

Server – WaveCom’s server used for providing Service to the Customer, and its accompanying hard- and software.
CMS – Content Management System. Content Management System, such as Joomla, Wordpress, Drupal, etc.

2. USE OF SERVICE

2.1 The Customer is entitled to use the Server for storing and/or making public all supported applications and data, and for creating and/or using e-mail addresses, sending e-mail, and receiving e-mail. Furthermore, the Customer will be able to use the software applications RVSiteBuilder for creating a website, and Softaculous for implementing various CMS’s, e-commerce solutions, forums, etc.
2.2 The Customer is obligated to keep the application software / websites they install in WaveCom servers up to date, in order to ensure their security. In order to prevent hacking, all Customer CMS modules, components and CMS itself should be updated to the latest version within 3 months after the version is published. All Customer scripts and programs should be updated at least once a year in order to ensure that they work reliably with new versions of PHP and comply with security requirements.
2.3 If Service provision is suspended or terminated, the Customer will no longer have access to data.
2.4 WaveCom filters the Customer’s e-mails for spam and viruses. For example, sending binary files, scripts, and attachments hiding their true extension by using a double extension (filename.exe.jpg), is not possible.  Regardless, WaveCom recommends that Customers use additional security measures, including antivirus software and firewall on each device with an internet connection.
2.5 WaveCom uses all commercially reasonable methods to ensure that the Customer’s e-mail reaches the recipient. Regardless, third party e-mail filters might make it impossible to deliver some e-mails.

3. SERVER MAINTENANCE. HANDLING OF FAILURES

3.1 In order to provide a stable Server Service, WaveCom conducts regular Server maintenance. WaveCom will notify the Customer of any planned Server maintenance and improvements at least five (5) calendar days in advance, if such works may interfere with regular Service usage. In emergencies, WaveCom will be entitled to perform maintenance and make changes in configuration without giving advance notice to the Customer.
3.2 WaveCom will fix any Server faults within a reasonable time, but no later than two (2) hours.
3.3 WaveCom will make regular backups of the Customer’s data, but does not guarantee data integrity. Customers must regularly back up all files stored in their Server and store the backups outside the WaveCom network.

4. PARTIES’ LIABILITY

4.1 WaveCom will not be liable for damages caused by:
4.2 Violation of the AUP;
4.3 The Customer’s actions or failure to act in administering the Server, including the contents of materials stored and made public in the Server by the Customer, or e-mails sent by the Customer or from the Customer’s e-mail addresses using the Service;
4.4 potential Server interruptions due to load and/or interference caused by third parties, online attacks (including denial of service or DoS and Ddos attacks);
4.5 spread of viruses.
4.6 The Customer is responsible for creating e-mail accounts and ensuring that they are protected with passwords of sufficient strength and that the passwords are not disclosed to third parties.
4.7 WaveCom is not liable for situations where, due to technical limitations of the e-mail filtering system, a legitimate e-mail is not delivered or an unwanted e-mail passes through the filter.
4.8 WaveCom is not liable for the non-delivery of e-mails to the Customer if there is insufficient storage space in the Customer’s inbox. Storage space usage may be monitored by the Customer via the Customer Portal. If necessary, the Customer may increase their storage limits or delete old e-mails.
 

 

Server housing

1. Object of the Agreement

1.1. The object of this Agreement is the provision of Server Housing services by WaveCom to the Customer. Server Housing is the provision of housing space for the Customer’s equipment at the WaveCom data centre and enabling network connection and other ancillary services for the servers.
1.2. WaveCom data centre specifications are provided on the Website.

2. Procedure of Service provision

2.1. Service is considered to start on the date when the Customer installs their equipment in the WaveCom data centre.

3. Service maintenance

3.1 In case of a communication interruption or a technical problem caused by action or failure to act by the Customer, the Customer is obligated to pay WaveCom for work needed to resume data communication in the sum expended by WaveCom to resume service.
3.2 The Customer is fully responsible for setting up, testing and monitoring the server. WaveCom performs monitoring, backup, software installation or updating, and hardware or software troubleshooting only as a paid additional service.
3.3 Authorized persons are granted access (of up to 1 hour) to the Customer’s housed equipment on business days from 9 am to 5 pm. Visits have to be registered in advance via telephone or e-mail. For an additional charge, access may be provided outside business hours.
3.4 Any cabling and installation works performed by the Customer’s authorized personnel and contractors must be approved in advance by WaveCom.
3.5 No liquids or flammable substances may be brought into WaveCom data centres.
3.6 The doors of other equipment lockers in WaveCom data centres may not be opened.
3.7 Nothing besides equipment belonging to the Customer may be photographed, and photographing must be approved in advance by WaveCom.
3.8 Any damages caused by violation of these procedures by the Customer’s authorized representatives or their guests, and the cost of work to repair such damages, will be paid by the Customer.
3.9 At WaveCom’s request, the Customer must submit information regarding equipment/systems they have connected to the network.

4. WaveCom’s rights and obligations

4.1 To ensure continuous Service availability to the Customer at all hours.
4.2 In case of a lapse of Service availability due to circumstances not under the Customer’s control, to resolve such circumstances in WaveCom’s area of service at WaveCom’s expense within two (2) hours.

5. Liability of Parties

5.1 WaveCom ensures insurance coverage for the Customer’s equipment.
5.2 If WaveCom is unable to adhere to the dates provided in Section 4.2, the Customer may request a credit for the amount of one (1) month’s fee for the relevant Service.
 

 

IP Phone

1. Glossary

Client Equipment – a specified IP phone or adapter connected to WaveCom’s VoIP call station via an Internet Connection
Internet Connection – Client Equipment’s required connection to the Internet, the cost of establishing and using of which will be borne by the Customer
Telephone Network – the telephone network that includes the Customers who use WaveCom’s telephone service. For using the service, Customers will be given a subscriber number in the numbering range allocated to WaveCom (unless it has been transferred to another operator or service provider), or a subscriber number transferred to WaveCom.
Phone App – a software phone app that supports the SIP protocol and is installed in the Customer’s PC or smart device.
Internal Call – a service where both the calling and receiving subscriber numbers belong to the WaveCom Telephone Network.
External Call (call from WaveCom Telephone Network to another operator’s network) – a service where the calling and receiving client devices belong to different operators’ electronic communication networks (both domestic and international calls).

2. Service description

2.1 The IP Phone is a product that enables the use of Voice over IP (VoIP) call services and additional services regardless of location, as long as a specified Internet Connection exists. 
2.2 For using the Product, WaveCom provides the Customer with a phone number, a Username, and a Password, which enable the Customer to access the product and to activate a Client Device or a Phone App.
2.3 The Customer is obligated to not disclose the Password to third parties, and is liable for all consequences of violating this obligation (including the cost of paid services used using the Username and Password).
2.4 At the Customer’s request, they may keep their current phone number (phone numbers, or a range of phone numbers) that is currently not a WaveCom phone number. The Customer may transfer their phone number to the WaveCom Telephone Network by submitting an authorization for WaveCom to conduct the transfer.
2.5 If the Customer and/or User uses the Product to connect to an emergency number, due to technical reasons WaveCom is unable to provide number-based geolocation of the Customer and/or User. If the Product’s IP calling service is used to call an emergency number, the Customer will be connected to the Estonian emergency call centre even if the call is initiated abroad.

3. Base services

3.1 The Service enables:
3.1.1 forwarding from phones and self-service;
3.1.2 voicemail;
3.1.3 recording calls, replaying and downloading recorded calls;
3.1.4 short code numbering;
3.1.5 caller ID and caller name, and editing or disabling thereof if necessary.
The prices of paid additional services are listed in the Price List.

4. Service specifications

•    Communication protocol: SIP
•    Codecs used: G711a or iLBC

5. Requirements for the Customer’s Internet Connection

5.1 Broadband Internet connection with at least 100 kbps bandwidth available for both upload and download
5.2 IP address: dynamic or static
5.3 The internet service provider must have opened the following ports in their firewall: UDP 5060 and UDP 10000-20000
5.4 The packet loss of the Internet Connection must be less than 1%
5.5 The administration of the Customer’s local network and all their network devices is the Customer’s obligation.

6. Quality of Service

6.1 WaveCom ensures that services provided conform to the following quality requirements:

•    success rate of establishing a voice connection is at least 98%;
•    for internal calls, connection time is no more than 5 seconds;
•    for external calls, connection time is no more than 10 seconds.

6.2 WaveCom is not responsible for the quality of the Internet Connection or for any voice telephony failures/issues due to insufficient quality of the Internet Connection.
6.3 WaveCom is not responsible for connecting the Customer’s other network devices or for any voice telephony failures/issues due to improper connections.
6.4 WaveCom does not guarantee the quality of inbound or outbound faxes received or sent on a fax machine connected to an IP adapter.
6.5 WaveCom does not guarantee the proper functioning of any surveillance equipment connected to IP adapters.
6.6 Regarding the use of a Phone App, WaveCom is not responsible for service quality or misuse of a Username and Password. Furthermore, installing the Phone App and configuring the parameters is the Customer’s obligation.
6.7 The Customer must immediately notify WaveCom of any misuse of number(s) provided to the Customer.

7. Price

7.1 WaveCom’s IP Phone service fee includes the following components:

•    Call charges
•    Monthly service charges
•    Paid additional services

7.2 WaveCom IP Phone service charges and charges for paid additional services used by the Customer are listed in the Price List.
7.3 The Customer is liable for all calls initiated from the number(s) issued to the Customer, and undertakes to pay for them.

8. Security requirements

8.1 Files or e-mails containing Service passwords or Service information may not be stored in a PC.
8.2 In case of a fixed IP Internet Connection, the IP should be submitted to our customer support, who will set up the service to be accessible only from that IP. The information is available from the Internet service provider. A range of IP addresses is also suitable.
8.3 If the Service is used with a Phone App installed on a laptop, suspicious and non-secured WiFi networks should not be used for the Service.
8.4 The Client Devices should have up to date software and be configured securely.
8.5 It is possible to limit initiating calls to non-domestic numbers or allow calls only within Europe.

 

IP Callcentre

1. GLOSSARY

WaveCom’s IP Centre service is based on a software application and a cloud server infrastructure and enables the Customer to use call centre services with functionality listed on the Website and in the user manuals.
Upon subscribing to the Service, a private server will be created for the Customer, and they will be provided with information for managing the service and access to user manuals. WaveCom will provide support and consultations for starting up the service for free for one (1) month. Beyond that time, WaveCom will provide support based on a yearly servicing contract.

2. USE OF SERVICE

2.1 The Customer has the right to use the IP Call Centre pursuant to terms of the Agreement and the AUP.
2.2 The Customer undertakes to keep the service server operating system and installed applications as up to date as possible, in order to avoid security incidents. For Customers who have subscribed to a servicing contract, WaveCom will perform these works.
2.3 If Service provision is suspended or terminated, the Customer will no longer have access to data. Upon termination of Service, data will be deleted and may not be recoverable.

3. SERVER MAINTENANCE. HANDLING OF FAILURES

3.1 In order to provide a stable Service, WaveCom will conduct regular infrastructure maintenance outside business hours; because this is a high availability service, maintenance will not interfere with Service usage. WaveCom will notify the Customer of any planned Server maintenance and improvements at least three (3) calendar days in advance, if such works may interfere with regular Service usage. Such planned maintenance will always be performed outside business hours or overnight. In emergencies, WaveCom will be entitled to perform maintenance at other times and make changes in configuration without giving advance notice to the Customer.
3.2 WaveCom will always fix any Service infrastructure faults within a reasonable time, but no later than two (2) hours.
3.3 Service software faults will be fixed within four (4) hours if the fault materially interferes with the functioning of the Service. Minor problems, such as user interface malfunctions, will be fixed as soon as possible, usually within one (1) business day, unless fixing the fault would require a patch or intervention from the software developer. If non-functioning of the Call Centre is due to the Customer’s actions or failure to act in administering the Call Centre, WaveCom will fix the fault or problem after agreeing with the Customer. AS WaveCom will be entitled to issue an invoice for technician’s labor at a rate of 50 €/h, calculated at intervals of 0,5 h.
3.3 WaveCom will make regular backups of the Customer’s data, including constant offsite replication, but does not guarantee integrity of the information. The Customer undertakes to utilize the Call Centre’s integrated backup functionality (Amazon S3, FTP or webdav) to make backups with sufficient frequency, and to store these outside the WaveCom network.
3.4 For Customers who have subscribed to the servicing contract, periodic software and operating system updates will be performed, and consultation and user support will be provided over the phone or via e-mail.

4. PARTIES’ LIABILITY

4.1 If WaveCom is unable to adhere to the dates provided in Sections 3.2 and 3.3, the Customer may request a credit for the amount of one (1) month’s fee for the Call Centre service.
 

 

Acceptable Use Policy (AUP)

Purpose and introduction of the AUP

This document sets forth the principles, guidelines and requirements for acceptable use of AS WaveCom Services by the Customer. The Purpose of WaveCom's Acceptable Use Policy (hereinafter referred to as the AUP) is to comply with all Estonian Republic laws, ensure network security and availability, maintain Customer privacy, and regulate other factors affecting the provision of Services.


WaveCom reserves the right to impose a list of rules and restrictions regulating use of Services by Customers. The latest version of this list is always available at the WaveCom Website: https://www.wavecom.ee/teenuste-tingimused-ja-lepingud#akn
The AUP is neither an exhaustive, nor an all-inclusive list. WaveCom reserves the right to amend the AUP at any time should the need arise. Amendments take effect once the amended AUP is uploaded on the Website at https://www.wavecom.ee/teenuste-tingimused-ja-lepingud#akn or when the relevant notification is sent to Customers via e-mail.


Any violation of the AUP may result in the suspension or termination of Services provided to the Customer, or in other actions that WaveCom deems appropriate.
No credits will be issued for Service suspensions or terminations resulting from AUP violations.

The following activities are expressly prohibited:

  1. Spam / e-mail marketing

    WaveCom has a zero tolerance policy towards spam, junk mail, and unsolicited commercial e-mail. The latter is defined as follows:  sending the same, or substantially similar, unsolicited electronic mail messages, to more than one recipient.

    A message is considered unsolicited if it is sent to a recipient who has not requested or otherwise asked to be sent the message, or is posted in violation of a forum or newsgroup charter, except if the recipient is a legal person’s general e-mail address associated with that legal person’s domain. It is absolutely forbidden to send messages to addresses registered with paid service providers (gmail, Hotmail, etc.), even if the e-mail address is registered as an official e-mail address in the commercial register.

    This prohibition also applies to deceptive e-mail headers and incorrect contact information.

    It is furthermore forbidden to conduct unsolicited mass e-mailing with other service providers in a way, which would leave the impression that WaveCom is associated with such activity, regardless of whether the message originated from our network.

    Unblocking. If the Customer’s actions result in the blacklisting of WaveCom’s e-mail servers or WaveCom’s IP ranges, or otherwise in their registering with another e-mail filtering software used by companies online, a one-time 50 € + 50 € hourly charge will be added to the Customer’s invoice for the time our administrators spend removing our e-mail servers and IP ranges from blacklists and defending them.

    Mass e-mailing. Unsolicited mass e-mailing is considered to be spamming. Unsolicited e-mail is defined as e-mail sent to natural persons who have not expressly opted in to mailings from the WaveCom Customer. Mass e-mailers must maintain complete and accurate records of all natural persons who have opted into receiving e-mails from them. All records of each natural person opting in to mailing need to be recorded (including all relevant e-mail messages and their headers) and presented to WaveCom at WaveCom’s request.

    If the Customer is unable to present verifiable evidence, the recipient’s complaint will be considered proof that they have not opted in to the mailing and, therefore, it was unsolicited.

    Mailing lists and newsletters. The mass mailing restrictions also apply to mailing lists and newsletters. Mailing list and newsletter postings are only permitted if they are targeted at a specific group, who have expressly opted into receiving them or have made their e-mail address available to the Customer expressly for the purpose of sharing information. The mailing list or newsletter must enable automated unsubscription, after which it must be guaranteed that no more e-mails are sent to that e-mail address.  

  2. Hacking and abuse of security flaws
  3. Unauthorized accessing of any server or system, including accessing or scanning others’ WaveCom accounts.
  4. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene or abusive.
  5. Child pornography or any other activity potentially harmful to minors. The use of WaveCom Services for storing, posting, displaying, transmitting, advertising or otherwise making available child pornography is prohibited. Wavecom AS will immediately notify the police if it becomes aware of the presence of child pornography on, or being transmitted through its network.
  6. Fraud
  7. Violation of privacy
  8. Infringement of intellectual property, including copyright, trademark and patent infringements and the hosting, use, and distribution of pirated software.
  9. Use of third party software without proper license or permission.
  10. Network attacks or any attempts to interfere with services or servers on another network.
  11. Dissemination of viruses, malware or other malicious code.
  12. Any illegal activity
  13. Use of Internet Relay Chat (IRC). WaveCom permits the use of standalone IRC servers that are not connected to global IRC networks such as Undernet, EFnet, DALnet, and other IRC networks. IRC servers that connect to global IRC networks will be considered to be in violation of the AUP.
  14. If a Customer’s Service attracts DoS or DDoS attacks, which disrupt or deny service to other Customers, WaveCom will terminate that Client’s Service to maintain the quality of service for other Customers on the WaveCom network.

Adult content:

WaveCom allows hosting adult content on its servers on the condition that it does not violate the law of the Republic of Estonia and does not otherwise violate the AUP.

Resellers:

Service resellers are liable for their customers’ conduct. By agreeing to this AUP, the resellers also agree to ensure that their customers follow the AUP. Resellers must notify their customers of the terms of the AUP and of the consequences of violating these terms.

Investigations, suspensions, and security

WaveCom reserves the right to suspend or terminate service and/or remove content in order to investigate potential violations of the terms of this AUP.
WaveCom reserves the right to suspend Service provision to a Customer if there is reasonable suspicion that the Service is targeted by an attack or otherwise disrupts Service for other Customers, even if the Customer is not at fault.

WaveCom will not make refunds for service suspensions associated with violations of the AUP by the Customer.
The Customer is liable for the use of their Service, even if such use was conducted by unauthorized persons or hackers.
The Customer is responsible for maintaining the security of their data and user accounts (including updating software and making and storing backups).

Reporting of AUP violations

WaveCom requests anyone with any information regarding AUP violations to report it immediately by sending an e-mail to abuse@wavecom.ee.
If you detect infringement of your intellectual property, e.g. a copyright, trademark or patent, you should contact the infringing party and request that they remove the content immediately. If the infringing party refuses to cease infringement or does not reply to your request within a reasonable term, you should notify WaveCom at abuse@wavecom.ee. Be sure to add to the reporting e-mail information regarding your previous attempts to contact the infringing party, and any results thereof.

Furthermore, please add information regarding infringing materials hosted on our servers. (Name of material and its domain or IP address). Furthermore, append official proof that you are the owner of the intellectual property.
All intellectual property reports that do not comply with the above requirements will be ignored by WaveCom.

Address: Kotka 26, Tallinn 11312, EstoniaPhone: (+372) 685 0000wavecom@wavecom.ee