Any services or products provided by CYLO to the end user (defined as "subscriber to the service and all beneficiaries of this service") shall be governed by the terms and conditions herein. By activating the services, the end user acknowledges receiving, reading and understanding this agreement and accepts the terms and conditions herein. End user acknowledges that they are of legal age to enter into this agreement.

The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by end user, including, without limitation, purchase orders and specifications. Any additional, different, or conflicting terms and conditions on any such document issued by end user at any time are hereby objected to by CYLO and any such documents shall be wholly inapplicable to any sale made or service rendered hereunder and shall not be binding in any way on CYLO no waiver or amendment to this contract or these terms and conditions shall be binding on CYLO unless made in writing expressly stating that it is such a waiver or amendment and signed by an officer of CYLO.

The term of this agreement ("term") begins on the date that CYLO initiates the services and continues for the duration of the service period as defined by the service plan that is selected by the end user ("plan"). At the end of the current term, the term is automatically renewed under the same terms and conditions for a like term as the term just ending unless the end user provides CYLO prior to the end of the current term, notification of intention to terminate the service. The end user agrees to pay for the services for the duration of the term. Expiration of the term does not alleviate the end user of responsibility for paying all unpaid, accrued charges due hereunder. If the end user chooses to terminate the service before the end of the current term, the end user will be immediately responsible for paying monthly service fees otherwise due for the duration of the term.

The voip services provided by CYLO are on as is, where is & as available basis. The quality of the internet telephony call depends on the network quality & CYLO does not provide any guarantee or take any responsibility for the clarity of voice, connection times, uninterrupted calls etc. CYLO is also not responsible for any wrong numbers dialed & the same will be charged according to the plan. CYLO reserves the right, in its discretion, to limit, or terminate access to certain destinations. The security of the password & the pin number are the sole prerogative of the end user & CYLO disclaims any responsibility of the same.

End user is to pay all charges invoiced to the end user's account including, but not limited to, initiation fees, activation fees, monthly service fees, and any other applicable charges. All invoices are due upon receipt. End user authorizes CYLO to periodically charge the current credit card account number provided by the end user ("credit card") for all charges accrued during the applicable billing cycles for the duration of the term. In addition to any other remedies available under law, if any charges are due but unpaid for any reason including, but not limited to, non-payment or declined credit card charges, CYLO may terminate the services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by CYLO no termination of the services or of this agreement shall relieve end user from paying any amounts due hereunder. Monthly service fees are paid in advance of each month's service, and any other applicable charges are billed at the end of each month's service. Monthly service fees are initiated at the earlier of i.) The end user's activation of the services or ii.) 30 days after the end user's purchase of the services and are prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.

Every call from equipment using the services that terminates in the public switched telephone network ("pstn") is subject to the then applicable toll charges that are associated with the plan. Every call from equipment using the services that originates or terminates with a sip service provider that is not affiliated or associated with CYLO will also count as pstn minutes and be subject to the then applicable toll charges that are associated with the plan.

Any telephone number provided by CYLO ("number") to the end user shall be leased and not sold. End user shall not obtain any rights, title or interest in the number. The number is not portable to other service providers. The end user is not to use the number with any other device other than the equipment without the express written permission of CYLO reserves the right to change, cancel or move the number at our discretion.

End user shall not modify the equipment in any way without the express written permission of CYLO. End user shall not use the equipment except with the services provided hereunder. Except as otherwise provided for hereunder, end user is responsible for all lost, stolen or broken equipment and shall pay CYLO for any such lost, stolen or broken equipment an amount equal to the fair retail price of the equipment minus any payments end user had previously paid specifically for said equipment. End user shall immediately notify CYLO of any lost or stolen equipment and shall cooperate with CYLO in all reasonable aspects to eliminate actual or potential unauthorized use of the equipment. At CYLO's sole option, failure to report lost or stolen equipment in a timely manner will cause end user to be responsible for all service fees accrued until the time that CYLO is informed of the loss or theft and can affect a termination of the services.

All shipments, deliveries, services and performance of work covered by this agreement shall at all times be subjected to credit approval or review by CYLO. End user will provide such credit information or assurance as is requested by CYLO at any time. CYLO in its sole discretion and judgment may discontinue credit at any time without notice.

Quoted prices do not include any customs duties, sales, use, value added, excise, central, state, local, public utility or other similar taxes. All such taxes shall be paid by the end user and will be added to any amounts otherwise charged to end users unless end user provides CYLO with an appropriate exemption certificate.

Any end user use of the services or any other action that causes a disruption in the network integrity of CYLO or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the services. End user understands that neither CYLO nor its vendors are responsible for the content of the transmissions that may pass through the internet and/or the services. End user agrees that it will not use the services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End user agrees and represents that it is buying the services and/or the equipment for its own internal use only, and shall not resell the services or the equipment or components thereof. , CYLO s service plans for residential subscribers that offer minutes of voip calls are for the personal, residential and reasonable business use of the end user only. Such use shall not include certain activities including but not limited to any conferencing/switching with any other telephone services including pstn lines, gsm or cdma mobile line, autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns.. End user agrees to notify CYLO. If usage of the voip plans changes from personal residential and reasonable business use. CYLO reserves the right to immediately terminate or modify the services of any end user using voip plans if CYLO determines, in its sole discretion, that the end user is not using the voip plans for end user's personal, residential and reasonable business use.

End user agrees that the use of the service and/or equipment will be restricted for personal, residential and reasonable business use only. CYLO reserves the right to immediately terminate or modify the service, if CYLO determines, in its sole discretion, that end user's use of the service is for non-residential or commercial use.

CYLO reserves the right to make changes to the terms and conditions of this agreement, the services and/or the plan ("change of service"). In the event of a change of service, CYLO will notify the end user at least ten (10) days in advance of the date on which the change of service is to take effect ("change date"). Any change of service charges will be applied to the end user's account as appropriate, pro rata as calculated from the change date. End user can, within ten (10) days of CYLO s notification, send notice to CYLO that the end user does not accept the change of service, and can terminate this agreement. In such event, end user will be responsible for any sums due hereunder in addition to any applicable disconnection fees. If the end user does not send CYLO notification of their desire to terminate this agreement or uses the services after the change date, the end user is deemed to have accepted and consented to the change of service. End user may request a plan change at anytime, a change of service fee and other terms and conditions may apply. All plan policies include but are not limited to the following possible charges for upgrades, downgrades or cancellations. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the services for a plan change or cancellation. Activation charges apply to all upgrades to existing plans. For a plan change to a plan that requires a purchase of the equipment, an equipment charge will apply.

CYLO reserves the right, at its sole discretion, to suspend, terminate or change the services without advanced notice for any reason, including without limitation, misuse of the services in any way, end user's breach of this agreement, end user's failure to pay any sum due hereunder, suspected fraud or other activity by end user that adversely affects the services, CYLO 's network or other end user's use of the services. CYLO reserves the right to determine, at its sole discretion, what constitutes misuse of the services and end user agrees that CYLO 's determination is final and binding on end user. CYLO may require an activation fee to change or resume terminated or suspended services. Any termination shall not prejudice the recovery of any outstanding from the end user by CYLO.

CYLO provides end user technical support at its sole discretion and as limited to the services and the equipment provided hereunder. Technical support is rendered from CYLO 's or a partner's premises, as available via email and telephone. Support for other applications and uses is not provided or implied.

In the event of an end user's breach of the terms of this agreement, including without limitation, failure to pay any sum due hereunder, end user shall reimburse CYLO for all attorney, court, collection and other costs incurred by CYLO in the enforcement of CYLO 's rights hereunder and CYLO may keep any deposits or other payments made by end user.

End user agrees to defend, indemnify and hold CYLO, its affiliates and its vendors harmless from any claims or damages relating to this agreement.

In no event shall CYLO or its vendors be liable for any special, incidental, indirect, punitive or consequential damages or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use services or products provided hereunder whether due to a breach of contract, breach of warranty, the negligence of 8x8 or its vendors or otherwise. Warranty and liability limitations. CYLO makes no warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Neither CYLO nor its vendors will be liable for unauthorized access to CYLO's or end user's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of end user's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of CYLO 's or its vendor's negligence. Any claim against CYLO must be made within 90 days of the event of the claim or 90 days from the termination of service, whichever is earlier and CYLO has no liability thereafter. CYLO's liability is limited to repair, replacement, credit or refund. CYLO. May elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only the defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improrer installation, or repairs by anyone other than CYLO in no event shall CYLO 's total liability hereunder exceed the service fees paid by end user to CYLO in the prior one month from the date of claim.

End user agrees to comply with indian laws concerning the transmission of technical data and other regulated materials via the services. End user agrees to comply with applicable local, state and central government regulations governing the locality in which the equipment and services are used. The end user is hereby notified that the indian laws strictly do not allow any voip calls to be switched to any pstn or any other non-ip telecom network.

Upon expiration, cancellation or termination of the services, end user shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the end user by CYLO or its vendors.

Any software used by CYLO. To provide copyright law and international treaty provisions protect the services and any software provided to the end user in conjunction with providing the services. End user may not copy the software or any portion of it except to create a backup or archival copy.

CYLO 's equipment and services are not authorized for use as critical components in life support devices or systems without the express written approval of the president of CYLO life support devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a life support device or system or affect its safety or effectiveness. CYLO 's equipment and services do not support emergency functions and will not function in the absence of electrical power or proper network connection and function.

The provisions of section 11, 16, 17, 19, 20 and 23 shall survive any termination of this agreement.

CYLO communicates with end users primarily via mail. Notices to end user shall be sent to the mail address specified by the end user at the time of registration for the services or as subsequently specified by the end user ("mail address"). End user is responsible for notifying CYLO of any mail address changes. End user agrees that sending a message to the mail address is the agreed upon means of providing notification. The mail address is used to communicate important information about the services, billing, changes to the services and other information. The information is time-sensitive in nature. It is required that the end user read any email sent to the mail address in a timely manner in order to avoid any potential interruptions in the services provided hereunder.

CYLO shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of god, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of 8x8 as may occur in spite of 8x8's best efforts. Quantities are subject to availability. In the event of production or network difficulties or product shortages, CYLO may allocate sales, services and deliveries at its sole discretion.

Any disputes or differences between the end user & CYLO shall be referred to a sole arbitrator nominated by CYLO or its associates in accordance with the provision of Commercial Arbitration Act 1985 . This agreement is subject to jurisdiction of the courts of Australia.

These terms and conditions (but expressly not including any terms and conditions of end user's documents, including any purchase order) constitute the entire agreement with regards to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to said sale. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.