General Conditions
Updated version no. 4 of 19-02-2019



General

The current General Conditions represent the terms and conditions as per which the Customer (hereinafter referred to as the Customer" or "You") of TELEPHONE VOX s.r.l. unipersonale, with registered office inVia Daniele Manin 47, 31100, Treviso, Italia registered in the Treviso Commercial Register under number04636390264and VAT numberIT04636390264 ("Telephone Vox "), uses the site and the products (the "Product" or "Products") developed by Telephone Vox. In purchasing the products, you consent to comply with the current General Conditions which you accept without reserve. The current General Conditions and the economic conditions of any offer generated at the time of purchase are considered as an indivisible whole, hereinafter referred to as the "Agreement".
If you accept the current Agreement on behalfy of your employer or another company identified on the user account, you shall confirm that you have full authorisation to represent your employer or said company. If you do not hold said authorisation, or do not agree with the conditions of the current Agreement, do not accept it and do not purchase products from Telephone Vox.
The current Agreement is subject to potential future modifications and amendments and it is thus essential to read the text every time you purchase Products.

Registering on the site

The use of Telephone Vox products shall take place following the registration of the Customer, and the Customer must provide Telephone Vox with some information. You are obliged to provide correct and complete information and to update this regularly. Such details are strictly personal and may not be shared with or disseminated to third parties under any circumstances.

Security

The Telephone Vox website has implemented security measures to protect the loss, improper use, and modification of the information under its control. Telephone Vox shall undertake to hold the information you submit securely and privately. For more information on privacy, consult the site's dedicated privacy policy page. Telephone Vox can accept payments via credit card and paypal and offer the Customer the security and comfort essential to placing orders on the Internet. Telephone Vox offers the advantage of carrying out online orders using secure and encrypted data servers. The purchases, credit card details, and personal information are encrypted and protected via a link to a dedicated electronic sales server. The Customer information is encrypted during the journey across the web to prevent third parties viewing it.

Offers

Telephone Vox offers 3 types of product as specified below:
- Pre-recorded messages
This is a package of six pre-recorded, non-modifiable messages without backing tracks. The package can be purchases in the male or female version.

- Personalised messages
This is an offer related to the production of personalised messages with texts drafted by the Customers (with or without the help of Telephone Vox), and also customised as regards speaker voices, languages, audio formats, and the choice of background music as limited by the availability of the Telephone Vox catalogue or, in the case of the background music, provided by it.

- Annual subscription
This is a subscription offer that grants the Customer the right to request, over 1 calendar year, the production of several personalised audio messages with texts drafted by Customers (with or without the help of Telephone Vox), and also customised as regards speaker voices, languages, audio formats, and the choice of background music with rights already granted and present in our online catalogue selected by the same, limited by the availability of the catalogue of Telephone Vox or, in the caseof the latter choices, provided by it, provided that such messages are destined for the exclusive use of a sole legal entity. Distributing companies cannot, therefore, distribute or profit from the offer in relation to their own end customers. The offer is not marketable, distributable, or exploitable to/for telephone and call centre operators. The audio productions can be recorded in two European languages of choice. Le produzioni audio potranno essere registrate in 2 lingue europee a scelta. Included in the price of the offer is the "uploading to memory" service, as specified hereafter, which is, however, limited exclusively to the uploading of messages to a single remote-controlled "cloud" voicemail or switchboard system ("saas" solutions). The offer does not permit messages of more than 1000 characters to be ordered per language per two months.

Additional offers related to the "personalised messages" offer

In addition to the "personalised messages" offer, Telephone Vox offers three types of additional offers for an extra cost, specified as follows

- Uploading to memory
In addition to producing and delivering the audio message, Telephone Vox shall take care, likely with the aid of external partners, of storing the message directly in the memory of the Customer's switchboard or voicemail system. This additional option is available for any device equipped with an adequate memory/function. This option exclusively provides for the uploading of messages to the memory of the switchboard or voicemail system, the programming of the switchboard/voicemail is not included, although these should already have been programmed upon the intervention of the Telephone Vox technicians. Furthermore, it is highly recommended that the Customer check the texts of the messages ordered make sense and are compatible with the functions of the switchboard/voicemail system. Telephone Vox cannot be held responsible in the case that the text of the messages ordered does not correspond with the functions of the device on which they are to be installed.

- Changing the text
If within the 15 calendar days following the receipt of the messages the Customer wishes to change the text of the messages, through deleting, substituting, or adding words (maximum 20% of the text for each language, maximum 1 request), the Customer may request the modification without having to pay the sum again in full.

- Changing the background sound
If within the 12 months following the receipt of the messages the Customer wishes to change the music selected by opting for orhers with author rights already granted or via the deletion of the same, the Customer may request the modification without having to pay the sum again in full.

- Next year I'm changing the messages
The Customer will receive a credit equal to the cost of the messages requested to be used after the expiry of 12 months from the order (and within 24) to order other messages without having to pay (any potential "options" and potential "rights of use costs" are excluded from the credit).

Modifications and changes related to the "personalised messages" offer

Except for in the case of the purchase of a related available insurance option, following the confirmation of the purchase once the order is put into production, the Customer can no longer request modifications of the speakers selected, to the text of the messages, and/or of the backroung music selected; before paying for the quote it is therefore highly important to accept the correctness of the selections made. The Customer has the right to request, free of charge, modifications and/or re-recordings linked to the reading of the text, such as intonation, approach, pronunciation, speed, and the editing of the musical works, such as the volume and the sections used, in addition to other artistic features. In the case that one or more audio messages are produced incorrectly due to a reading error on the part of the speaker or an editing error, these will be corrected and reproduced at the cost of Telephone Vox.

Times and means of delivery and retention time of the productions

The Product ordered will be delivered via email within 48 hours of online payment or from the sending of the invoice including the payments ID code. The Product will be stored for several years in the archives of Telephone Vox which will thus do its best to redeliver the Product if requested, although Telephone Vox is not obliged to redeliver the Product to the Customer after the Customer's initial receipt of it.

In some cases Telephone Vox may have to contact the Customer to verify the details of the content of the various texts or instructions such as, for example, the pronunciation of words not included in the dictionary. If the Customer does not provide a prompt response Telephone Vox may not be able to respect the official delivery deadlines.

Intellectual property and licensing

The Product and all its components and any other material, documentation, data or information related to the Product and all the related industrial and/or intellectural property rights are the entire and exclusive property of Telephone Vox and/or its legal predecessors with all rights reserved. No licensing right pertaining to these is granted to the Customer bar in the case of content related to the audio productions personally ordered by the Customer.

The audio files produced by Telephone Vox may consist of two types of musical work as chosen by the Customer: "works protected by synchronisation, phonographic, and diffusion rights, the charges for which have not been met" and "works protected by synchronisation, phonographic, and diffusion rights, the charges for which have been met". These works are clearly divided and specified on the relevant dedicated page on the site. As reguards telephone messages containing the first type of work, the Customer, in addition to the licenses granted by Telephone Vox and specified below, must obtain further independent licences from the organisations protecting the rights of the author and associated rights linked to the musical works adopted and taken control of in the country in which the Customer operates. The Customer shall indemnify Telephone Vox of any responsibility in relation to the potential failure to observe all the laws connected with the rights of the author and rights associated with such workd. In relation to its own obligtions, Telephone Vox declares itself to be correctly authorised by SIAE (società italiana autori editori - the Italian Authors' and Publishers' Association) to place this first type of work at the disposition of the public (right to communicate to the public) and to grant to the user the reproduction of the work on the hard disk of the user's own PC (download right).

In relation to telephonic messages consisting of the second type of work, and to exclusively verbal telephonic messages (that is, without any type of background music), Telephone Vox has the right to fully and definitively license the Customer as specified below:

Telephone Vox licences the Customer to download unlimited copies of the audio products to any technological device owned by the Customer or reserved for the Customer's use.

Telephone Vox licences the Customer to circulate the audio products exclusively via telephone lines.

Telephone Vox licences the Customer to circulate the audio products for an unlimited period of time.

Telephone Vox licences the Customer to transfer these licences to third parties, including, by means of example, to its own Customers or licensees, it being understood that any such licences linked to a specific product cannot be valid for more than one legal entity at the same time, whether this be the Customer or a third party. Any such transfer licence shall not be valid for the "Pre-recorded messages" offer.

Telephone Vox does not licence the Customer to combine, adapt, vary, or modify the audio products.

All the licences indicated are valid internationally.

Musical works provided by the Customer

The musical works which are components of the messages can be provided by the Customer, in such cases the Customer shall declare to be in possession of all the rights required for the work's usage and that Telephone Vox will, in this regard, have no need to obtain third licences and/or make rights payments, including those for synchronisation.

Right of withdrawal on the part of the Customer

Telephone Vox wants to be sure that its own customers are satisfied, however, in the case that you are not satisfied with the product ordered, within 10 calendar days you can request the total reimbursement of the sum paid so as to be fully reimbursed. This commitment exceeds the legal obligations of Telephone Vox, as per which, it is not obligatory to guarantee a revocation period for personalised products. Nevertheless, before requesting reimbursement, the Customer must grant Telephone Vox at least two attempts to resolve their dissastisfaction through reforming the product. Following these attempts the Customer may request reimbursement, signing a declaration of commitment to not in any way exploit the products which are the cause of the dissatisfaction on the penalty of the payment of a sum equal to ten times the value of the reimbursement in addition to any legal costs. The reimbursement will then be payed within 15 calendar days.

Right of withdrawal on the part of Telephone Vox

In the case that the Customer orders one or more messages consisting of musical works, and if the texts of the messages to be recorded refer to companies and/or services that relate to the pornography sector, sex in general, arms, sesso in genere, armi, obituaries, funerals, religion, politics, or contain defamatory, illegal, or immoral content, to protect the rights of the authors of the musical works, Telephone Vox shall be entitled to rescind the contract and to reimburse the Customer for any sum already paid without any other claims.

Use of name

The Customer grants the right to and authorises Telephone Vox to use the name, logo a/or registered trademark of the Customer's own company to promote the Products of Telephone Vox. In particular, the Customer authorises Telephone Vox to use these elements for commercial purposes, on its website in any form, relationship, case study, marketing material or similar documentation.

Update to backing tracks and speakers

Telephone Vox reserves the right to update the catalogue of background music and speakers available at any time, and thus does not guarantee the continuity of availability in relation to potential prior choices of the Customer.

Limitation of liability

Our liability is limited to the amount paid by the Customer. In no case shall we be responsible for specific, consequential, or similar damage.

Jurisdiction This Agreement shall be regulated exclusively by Italian law. All disputes relating to the validity, execution and interpretation of this Agreement shall be referred to the exclusive jurisdiction of the Court of Treviso.';