The agreement signed between the client and Phoenix Solutions S.L.U. for the contracting of one or more of its offered services is NOT subject to permanence meaning that, at any time, the client can cancel all or any of the contracted services without prior notice and without any type of penalty. The client may also request the return of the positive balance in the account at the time they decide to cancel all of the contracted services and close the account.

The service is strictly prepaid, unless otherwise agreed in writing. If credit is exhausted and no further funds have been received, Phoenix Solutions SLU reserves the right to suspend services until cleared funds have been credited. If the services have been suspended for lack of funds, the customer has a period of 15 days to re-activate them with a one-off cost of 10€. Once the period of 15 days has finished, the process of de-activation of all services will take place and then the closure of the account. Should the client wish to re-activate the services again, they would need to pay the corresponding costs for setup. Regarding virtual numbers, the timeframe for recovering these is defined by the Spanish legislation. If the client fails to use a service for a period of 12 consecutive months, any existing Pre-Payment Balance relating to that service may be forfeited and retained by the supplier, and the service will be cancelled without notice. If the client is unsatisfied with the service supplied, the supplier will return prepaid funds left on the account not including set up fees. Phoenix Solutions SLU will not be held responsible for any changes of tariffs by third party providers. In the event of a Direct Debit refunded from client´s bank, a charge of 3.50€ will be made to cover the cost.

Method of payments accepted for services vary depending on the client´s country of origin.

Phoenix Solutions S.L.U. shall not be liable for any loss, damage or inconvenience suffered by the customer as a result of any suspension made due to non-compliance. In no case shall the client be entitled to receive any compensation for said suspension.

Phoenix Solutions S.L.U. shall not be held responsible for any breach of security by any third party. The client hereby agrees to implement all necessary technical measures to ensure the security of information and telecommunications systems, including but not limited to, all servers and PBX systems. Security measures for PBX systems must include a firewall and a static IP address. NOTE: Emergency/directory calls must be dialed via your analogue/digital line.

It is the client’s responsibility to preserve the flow of voice, recording, storage and subsequent custody of any data files and / or voice (recordings, voicemails, music on hold …) Phoenix Solutions SLU is not responsible for the loss thereof.

Upon termination or extinction of the contractual relationship, the client shall have no access to the account database (voice flow, recording, storage, data archiving, voice mailboxes, music on hold, etc …). Phoenix Solutions SLU shall save the data with legal purposes according to the article 5 of the “Ley 25/2007, de 18 de octubre, de conservación de datos relativos a las comunicaciones electrónicas y a las redes públicas de comunicaciones”.

Phoenix Solutions SLU shall not be liable for lost data out of these periods.

The Client acknowledges and agrees that any call rates provided for, under the service agreement, may change depending on the external market conditions. These rates can always be found up to date on the customer’s personal platform.

Origin-based pricing is the concept that calls to the same destination have different prices depending on where each call comes from.

If a call originates from Withheld/Anonymous, is manipulated/fake number and/or the CLI originates from a country outside the EEA, this will incur a surcharge on the agreed rates or calls might be rejected by the terminating carrier, which is out of our control. This includes calls without a CLI, with invalid CLI, with manipulated CLI, with CLI originating from unidentified, closed or unallocated prefix ranges, with CLI not in E.164 format, with CLI not matching ITU standards

Origin-based pricing for EEA destinations requires special attention due to the fast evolution of the market and the changes that can occur in local laws within individual countries.

Regarding to new regulations which affect various countries, may incur a 0.35€/min surcharge in any of the following cases:

  1. a) Calls received without identification of number A (origin number).
  2. b) Calls received with an incorrect A-number format, in a content format, which makes it impossible to clearly identify the origin of the call and / or calls with an invalid, modified or manipulated A-number.

In the event that billed calls are detected after a closed billing period in which the A number has been modified or manipulated, or the A number is invalid, Megacall reserves the right to retroactively bill such calls according to the conditions indicated in this notification.

Which Countries fall under “EEA”?

Countries where origin-based pricing has been implemented is listed in the table below, this can also change at any time and without notice.

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom, United States and Canada, but excludes Puerto Rico, Dominican Republic, and other ‘+1’ countries.

Virtual Switchboard

The features of the virtual switchboard will depend on the plan that the user has purchased. Taking into account the following details:

* Destinations included: plans include calls to Austria, Belgium, Brazil, Canada, Chile, Denmark, France, Germany, Iceland, Ireland, Italia, Malta, Mexico, Netherlands, Norway, Peru, Poland, Portugal, Romania, Slovakia, Spain, Sweden, United Kingdom and USA.

* Basic Virtual Switchboard features: Call reports, one personal voicemail, call recording, one extension, free calls between extensions, simultaneous calls, DND (do not disturb), call waiting, call conference up to 20 people, call recording, call forwarding, password protection, voice encryption, call barring.

* Premium Virtual Switchboard features: live barge-in (listen or listen and talk to agent), music on hold, FAX, local number display, IVR standard, whispering, ring group, in & out of hours voicemail, call reports, call recording, one extension, free calls between extensions, simultaneous calls, DND (do not disturb), call waiting, call conference up to 20 people, call recording, call forwarding, password protection, voice encryption, call barring.

* Minutes included: plans can include 200 minutes, 1.000 minutes or calls to the above-mentioned destinations. If the limit of minutes is exceeded, the extra cost of the minutes consumed will be added, taking into account our rates.

* Extra minutes cost: to make calls to a destination that is not included or to increase the minutes of your plan, please contact our customer service team: sales@megacall.es

* Softphone and mobile app: all plans include free softphone and mobile app to make calls through your computer, tablet and mobile phone.

* Monthly and annual plan: the plans can be purchased for a monthly or annual payment. For the annual model you pay for 1 year in advance and there is no refund option if you cancel your account before the end of the year. With the monthly model you can cancel your account at any time without penalty.

In order to see all the details of the plans click here: https://megacall.es/en/services/virtual-switchboard/#packs

Megadialer

Initial credit of 250€ minimum, non-refundable, to be used as credit. Top ups also minimum of 250 euros.

Virtual Numbers (DDI)

Phoenix Solutions SLU shall not be responsible should there be any lapse in DDI presentation due to documentation provided by the client.

Clients shall comply to all relevant laws, regulations, conditions and usage restrictions provided for in the applicable regulatory framework, including from the National regulatory authority in the country in which the numbers will be used and provisions in numbering plans. It is the client´s responsibility to abide by the specific usage restrictions and service conditions that may apply to the service and to the numbers in the country in which the customer intends to purchase the service. If at any time during the term of the agreement, the customer is informed or information comes to its attention that it is or may be in violation of any legal or regulatory provision, it shall immediately take all appropriate steps to remedy such violation and comply with such law. Port out of virtual numbers to other carriers may incur administration fees.

Ban on regular change of number. Temporary use of virtual phone numbers is prohibited. In which case, if phone numbers are used by you as temporary numbers or are regularly changed, Phoenix Solutions SLU has the right to stop providing services due to a given Agreement without notification. In order to avoid the temporary use of numbers, the minimum connection period can be increased to 3, 6 or 12 months, at Phoenix Solutions SLU discretion.

Megamobile

The app used for this service is a free third-party application and Phoenix Solutions SLU shall not be held responsible for any disruption in service causing calls to be routed through your current Mobile carrier. Phoenix Solutions SLU prompts the client upon routing a call through the MegaMobile system. If this prompt is not heard you must contact administration or support with immediate effect to avoid any further disruption of service.

SMS

Client agrees that shall not use the Phoenix Solutions SLU SMS service to procure payment for any content or services related in any way to: Gambling or similar services; or Adult content (including without limitation explicit language, nudity, or other content as deemed inappropriate for under 18’s) Client shall not access, store, distribute or transmit any viruses or any material during the course of its use of the services that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity and/or promotes unlawful violence, is discriminatory based on race, gender, colour skin, religious belief, sexual orientation, disability, or any other illegal activity; or causes damage or injury to any person or property.

Payment in advance of service charges will be made when an SMS has successfully reached its destination. In the event the destinations equipment is switched off for longer than 48 hours the SMS will still be charged. The service will not be charged if the number allocated does not exist. Should the client reject any charge made shall be done before 30 days after payment sent, in other case shall be considered as accepted.

Phoenix Solutions SLU reserves the right to disable your access to any material that breaches the provisions of this clause.

Liabilities

The client shall be solely responsible for the veracity and correctness of the data provided in the account creation form, exonerating PHOENIX SOLUTION S.L.U. of any responsibility in this regard. The client guarantees and is responsible, therefore, for the accuracy, validity and authenticity of the personal data provided and ensures that it is kept up to date. PHOENIX SOLUTIONS S.L.U. reserves the right to terminate the services contracted by the client in the event that the data provided is false, incomplete, inaccurate or not up to date.

Client shall be solely responsible for any illegal action arising out of or related to the content and its services (either transmitted on its own account or on behalf of a third party). If Phoenix Solutions SLU is notified or has knowledge of content that violates the requirements of these legal terms, it may (although not be obliged to), immediately suspend the services, and / or terminate these terms. Phoenix Solutions SLU shall not be responsible for any damage caused by you due to such actions.

Client shall be responsible for ensuring that all licenses, permits and authorisations that are necessary or convenient for the provision of the services and for each transaction are in legal force.

Legal

These terms shall be governed and interpreted in accordance with the laws of Spain and the parties to this agreement are subject to the exclusive jurisdiction of the courts of Spain for the purpose of enforcing any lawsuit that arises.

Phoenix Solutions SLU shall not be liable in event of delays or service failure due to third party.

Free Trial Conditions Virtual SwitchBoard

  • Full use of the Megacall phone system for up to 14 natural days.
  • Maximum of 5 users.
  • 250 min talk time to be shared between all users of the Organisation.
  • Calls to European Economic Area (EEA), UK, South America and China. (Excluding Switzerland and Austria)
  • 1 Standard virtual number*.

*The number is subject to availability and the country´s restrictions. For Mega SMS free trials shall depend on company needs. Please check with our Customer Services team.

Free Trial Conditions Megadialer

  • 5€ credit or 14 calendar days of use.

Free Trial Conditions SIP Trunk

  • 5€ credit or 14 calendar days of use Geographical test number if necessary*
  • 15 channels and 3 CPS (calls per second)
  • Calls to European Economic Area (EEA), UK, South America and China. (Excluding Switzerland and Austria)

*Contact our sales department for geographic number availability

VoIP Packs & MegaPlans Conditions

Calling plans include regular fixed line numbers and most mobile phones and are subject to a fair usage policy.

Fair Usage Policy

Phoenix Solutions SLU fair usage policy (“FUP”) is designed to prevent fraud and abuse of our products.

The following list includes NON fair usage policy practices:

  • Using subscriptions for telemarketing or call-center operations;
  • Re-selling subscription minutes;
  • Sharing subscriptions between users;
  • No more than one geographic number included per account.
  • Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications: and
  • Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.

Other practices may be relevant in determining the legitimate use and Phoenix Solutions SLU reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Phoenix Solutions SLU may at its discretion, terminate or suspend its relationship with a client, as well as the use of any product immediately if it determines client is using the product contrary to this FUP.

Subject to this FUP, Phoenix Solutions SLU subscriptions allow calls to landlines and most mobile numbers in the applicable subscription countries (excluding special, premium, service and non-geographic numbers) for the time period specified at the time of purchase. Destinations and terminating numbers can be changed at any time and without notice. Unknown/withheld calls are not supported. We deem fair usage customer per user/channel should not to exceed 1000 minutes per month.

SIP Trunk Conditions

Free Set up, no monthly costs, or minimum contract term.

Up to 50 channels bi-directional free of charge, for increased channels, please speak to the team for pricing.

On demand of its customers, Phoenix Solutions SLU shall authenticate any given IP address to connect to its SIP server. If the given IP is false or is not uniquely assigned to the customer’s account by his hosted VoIP switch provider, Phoenix Solutions SLU shall not be held liable.

It is the responsibility of the customer, do not allow to alter/amend or create a CLI other than originally assigned to the caller (spoofing). If Phoenix Solutions SLU, or any of their affiliates, find any evidence of spoofing or have the suspicions of any wrongdoing by the customer, shall have the right to suspend services immediately and charge all subsequent costs to the outstanding customer balance without further notice, notwithstanding the right to full reimbursement.

Phoenix Solutions SLU allows client to pass one or more CLI values when client use the company termination service. These values shall be passed out onto the Public Service Telephone Network.

Three main types of CLI are supported by Phoenix Solutions SLU network. These are:

  • Network Number: This is a valid telephone number which represents the end-users network endpoint. This is normally the same as the subscriber number which has been allocated to the line.
  • Presentation Number: This is a used where the caller desires a different number to be seen by the called party on any display technology. This number must always be a valid telephone number that is associated with the end-user. Normally this would be a direct dial for an extension number of a PBX or a non-geographic number associated with the business.
  • Last Diverted Number: Where call diversion is active, this is the network number of the line that performed the call diversion feature. If there has been more than one diverts leg, this is always the last one.

Client shall only pass CLI to Phoenix Solutions SLU that is known to be true by client and allocated to the subscriber making the call. This can be achieved by three means:

  • The CLI value is assigned by your equipment to the call and overrides any number sent by the user. The value assigned is a telephone number that has been issued by us to you, or you have written authority from another network operator allocating the number to you or your end-user.
  • The CLI value has been obtained directly from a recognised PSTN network operator.
  • The CLI value has been passed to you by us.

Client may pass CLI from other IP networks as long as you have a reasonable belief that the CLI has not been manipulated and would have been assigned to the user initiating the call. You will not allow the user to control the CLI themselves, or use a CLI that has come from any ‘untrusted’ source.

Client accepts that due to issues with network interworking it is not always possible for all three Call Line Identity types to be preserved and sometimes only the Presentation Number will be transmitted, or Network Number if no Presentation number was present.

Client accepts that in the event of any complaint received by us caused by any incorrect, false or otherwise confusing presentation of CLI data by you to us we may block traffic from the said CLI/CLI’s without notice.

Minimum calling traffic stats:

ASR: >50%
ACD: >60 seconds

CC traffic is subject to upstream carriers’ terms and conditions therefore Phoenix Solutions SLU has no control over service levels.

3CX Conditions

3CX is a third-party software in order to see their policies click here.

Products

List of products and prices. In the interactive electronic and telephone purchase process, the following steps will be followed according to the options menu on the Phoenix Solutions SLU website; www.megacall.es

Information on the product offered to the customer: technical characteristics, description, warranty period, manufacturer’s mark, indicative photography (if applicable). The product purchased may suffer, due to the availability of the manufacturer, non-substantial changes in the components, characteristics or features of the lot that integrate it, as long as they do not imply a demerit of the qualities and benefits advertised.

Information on the price of the product: information on the final price or sale price to the public of the product to be purchased, containing the final cost to the customer and including VAT, shipping costs and insurance. The final cost, therefore, shall be communicated to the customer in the electronic purchase process before being accepted.

Possible discounts or promotional gifts shall be freely directed by Phoenix Solutions SLU to the groups designated at any time or, depending on the product offered, according to the advertising existing at any time on the website.

The prices published on the website do NOT include VAT.

Prices published in www.megacall.es may be reviewed and modified if conditions require it at any time.

Products on offer. All products that Phoenix Solutions S.L. offer on your website www.megacall.es with some type of discount shall appear on the web until the end of promotion or while stocks last, in which case the product will disappear from the web. To guarantee the customer the certainty and security of the price of their products, this will be the one in the advertising coinciding with the moment of placing the order.

Returns

Any request to return goods must be made in writing within 14 calendar days after delivery.

If the goods ordered do not meet the expectations of the Client, they can be returned to Phoenix Solutions SLU under the following conditions:

  1. The product must be in perfect condition.
  2. Any request to return goods must be made in writing within 14 calendar days after delivery.
  3. Shipping costs and risks will be responsibility of the Client.
  4. Once received by Phoenix Solutions SLU, the returned items will be checked thoroughly to ensure that the product, packaging and parts are intact.
  5. No refund will be made if the goods returned have been modified, customized, altered, damaged or are incomplete.

Once this period is over, products are guaranteed for 2 years.