| 30. |
If any provision in these Terms is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to under the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms.
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| 31. |
Time wherever mentioned shall be the essence of these Terms and no failure to exercise and delay in exercising on the part of Voiztalk of any right, power or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercises of any other right, power or privilege.
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| 32. |
In amplification and not in derogation to any provision of these Terms, the Member agrees that Voiztalk is entitled to treat any transaction record affected by the use of the Voiztalk Services and / or statements of account (if any) issued by Voiztalk recording the use of the Voiztalk Services as conclusive proof thereof and binding on the Member.
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| 33. |
The obligations of the Member shall continue to be valid and binding for all purposes whatsoever notwithstanding any change by amalgamation, reconstruction or otherwise which may be made in the constitution of Voiztalk or of any company through which business of Voiztalk may for the time being be carried and the obligations of the Member shall be valid, binding and enforceable as between Member and such company carrying on the business of Voiztalk for the time being.
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| 34. |
Member shall not assign or transfer any part of its right and obligations under these Terms without the prior written consent of Voiztalk. Voiztalk shall be permitted to delegate part or all of its responsibilities to its service providers and sub-contractors at any time and to vary, change or replace such sub-contractors without further reference to anyone. These Terms shall be binding upon the heirs, personal representatives and successors-in-title of the Member and on the successors-in-title and assigns of Voiztalk.
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| 35. |
These Terms shall be in force from the date of acceptance of the Member’s application for registration and shall continue unless terminated in accordance with these Terms.
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| 36. |
a) |
All notices or periodical electronic accounts are deemed served on the Member immediately after it is sent to the Member’s designated e-mail address (despite evidence to the contrary) as set out in the Registration Form or other such e-mail address of which notice has been previously given to Voiztalk by the Member in writing by way of prepaid registered post. |
| b) |
All notices ( without limitation to Rate Charts) are deemed served on the Member immediately after such notices are posted on voiz.irepublics.com |
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| 37. |
Notwithstanding any other Clause (s) herein, any amount payable to Voiztalk shall become immediately due and payable if Voiztalk so demand payment of the same (whether orally or in writing or via the Member’s designated e-mail address). The Member undertakes to pay the amount demanded forthwith |
| 38. |
a) |
Member shall promptly check and verify the accuracy of each and every transactions appearing in the Member’s Account and notify Voiztalk and Voiztalk’s appointed billing agent in writing(by way of prepaid registered post) of any error , inaccuracy or discrepancy , setting out sufficient details within three (3) days of such transaction(s) posted into or appears in the Member’s Account. Otherwise, such transaction record in the Member’s Account shall be conclusive evidence against the Member of the truth and accuracy of the matters stated therein. |
| b) |
Upon receipt from the Member of any notice of error , inaccuracy or discrepancy in accordance to Clause 39(a) , Voiztalk and Voiztalk’s appointed billing agent acting on Voiztalk’s direction shall provide a response to the Member’s designated e-mail address within thirty (30) days thereafter. Voiztalk and Voiztalk’s appointed billing agent will then conduct a complete and objective review of such complain. Voiztalk will credit Member’s Account (without interest) for any overpayment by the Member after Voiztalk has completed its investigation and is statisfied as to the error or inaccuracy of that amount, item or matter. voiz.irepublics.com |
| c) |
The existence of a dispute between the Member and its personnel in respect of the Subscription Fees and/or Charges will not entitle the Member to withhold any payments due to Voiztalk.
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| 39. |
Subscription fees and Charges paid are non-refundable. Subscription Fee and Charges may be amended by Voiztalk at any time with thirty days notice (in the case of Subscription Fee) or immediate notice (in the case of Charges).
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| 40. |
A person who is not a party to these Terms has no right to enforce or enjoy the benefit of any terms of these Terms unless expressly provided for.
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| 41. |
Voiztalk shall not be liable for any failure to comply with its obligations under these Terms, where such failure is caused by an Act of God or by any riot, civil commotion, strike, lockout or other labour disturbance, or by any fire, war, acts of foreign enemies or perils of the sea, power outage, epidemics, network congestion, telecommunications failure or other perils beyond the control of Voiztalk. Voiztalk at its sole and absolute discretion shall notify the Member either in writing or by posting such notification on of the said failure within fourteen (14) days of the commencement of the event relied upon by Voiztalk for its failure to comply with its obligations.
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| 42. |
Unless otherwise provided, these Terms embody all the terms and conditions agreed upon between the parties as to the Voiztalk Services and supersedes and cancels all previous proposals, agreements, representations and undertakings, if any, between the parties with respect to the subject matter hereof, whether written or oral, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination. Member agrees that no representations, agreements, statements and understandings made by Voiztalk have been relied upon by the Member in agreeing to enter into these Terms.
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| 43. |
Any certificate by an officer of Voiztalk as to any sum payable or any other determination under these Terms shall be conclusive evidence of the fact save for manifest error on the face of it.
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| 44. |
Any partial payment of any sum due if accepted is done without prejudice to Voiztalk’s right to make claim for the whole outstanding sum and Voiztalk may at their absolute discretion reject any partial payment of any sum due. |
| 45. |
a) |
Voiztalk shall be entitled to appoint billing agents from time to time to handle billing and collection of such Subscription Fees. Member shall refer to the Member Account for particulars of charges made. All Charges shall be rendered in Malaysian Ringgit, unless otherwise stated in the Member Account. |
| b) |
All Subscription Fee and Charges shall accrue Voiztalk Services commencement. Member shall top-up payments in order to maintain a sufficient Credit Amount in Member Account.
cs.com |
| c) |
The existence of a dispute between the Member and its personnel in respect of the Subscription Fees and/or Charges will not entitle the Member to withhold any payments due to Voiztalk.
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| 46. |
Voiztalk shall not be liable to pay any interest to the Member if there is a credit balance in the Member’s Account.
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| 47. |
n amplification and not in derogation to any of these Terms, in the event of the Member failing to perform or being in breach of any of these Terms herein or in the event the Member’s death or insolvency or the committing of any act of bankruptcy all amount outstanding due to Voiztalk from the Member shall become due and payable forthwith.
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| 48. |
Any or all amount payable to Voiztalk (without limitation to Subscription Fees, Charges and purchase price of Equipment) incurred by a Member shall at the absolute discretion of Voiztalk become immediately due payable regardless of any or all Clauses aforesaid if Voiztalk so demand payment of the same (whether orally or in writing or through e-mail). The Member undertakes to pay the amount demanded forthwith.
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| 49. |
Unless the context otherwise requires, references to the singular shall include references to the plural and vice versa, references to natural persons shall include bodies corporate, and the use of any gender shall include all genders.
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| 50. |
In the event of any conflict between these Terms and the Member Guidelines, these Terms shall prevail.
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