1.1. What is it? Flexphon is a phone service that provides you with a local national number (“virtual landline number”) and allows you to manage the forwarding of your inbound calls on that number to mobile numbers. For example, you can set up call menus and welcome greetings or take voicemails and send those voicemails to email. You can also manage your availability and choose how to handle calls when you’re unavailable.
1.2. How much is it? You pay on a monthly subscription basis for the bundle of your choice, depending on the number of users and amount of minutes you need. If you run out of minutes then you must upgrade to a higher plan. Your subscription will renew each month on the most recent plan that you have selected, until you cancel your subscription. Further details of plans are available on our website.
1.3. Can I change plan? You can upgrade or downgrade your plan at any time. Upgrades take effect immediately whereas downgrades will apply from the start of your next billing period.
1.4. No long term contract: You are free to cancel the service at any time. If you cancel the service, it will end at the end of your current billing period. More details about cancelling the Flexphon service are set out in section 12 of these Terms.
1.5. What is it not? The Flexphon service is not a full telephone service. There are restrictions on how you can use the service. Flexphon allows you to receive inbound calls on your chosen virtual landline number, but at this moment there is no provision to make outbound calls using this number.
1.6. Where can I use it? Flexphon users can order a phone number in Alaska, Austria, Bangladesh, Belgium, Brazil, Brunei, Bulgaria, Canada, China, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, French Guiana, Germany, Greece, Guadeloupe, Hawaii, Hong Kong, Hungary, India, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Mongolia, the Netherlands, Norway, Peru, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovenia, South Korea, Spain, Sweden, the United Kingdom, the United States and the United States Virgin Islands. Users can order a number from any of these countries. Be aware, however, that most countries require you to provide a legitimate local address.
Flexphon phone numbers are divided in 3 zones: Europe, America, Asia (details can be found in our FAQs) and incoming calls can be redirected to most mobile phone numbers inside the same zone (exceptions can be found in our FAQs). Redirecting calls to a mobile phone number outside this zone (e.g. from a French Flexphon number to a US mobile phone number) is also possible, but comes at an extra charge. Additional details can be found in our FAQs.
Flexphon endeavors to ensure continuity of its service in all these countries, Flexphon maintains the right to discontinue its service in any of these countries or to remove a country from one of the zones, e.g., in case of a sudden increase in market prices.
1.7. What else should I know? Key information about the service is contained in our FAQs. You should read the website, the FAQs and these terms and conditions carefully to ensure that Flexphon is suitable for your purpose.
1.8. We recommend that you check whether the Flexphon service is suitable for your business before you invest in advertising and marketing your Flexphon number for your business. This is because we can’t be liable for costs you make while joining or leaving the Flexphon service or changing your telephone number.
2. Who are we?
2.1. Flexphon is a trading name of Flexphon Ltd., Ul. Krum Popov 56-58, 1421 Sofia, Bulgaria, Registered VAT number: BG 204216296
2.2. By using the Flexphon website and services, you agree to be bound by Flexphon’s Terms & Conditions set out below. These terms and conditions of service for use of Flexphon services (the 'Agreement') constitute a legally binding contract between Flexphon and the entity that agrees to and accepts these terms and conditions.
In the following terms and conditions:
“Flexphon”, “we”, and “our”, are used to refer to the Flexphon service. Flexphon is a phone service that provides you with a local national number (“virtual landline number”) and allows you to manage the forwarding of your inbound calls on that number to mobile numbers. For detailed information about the services provided by Flexphon please visit www.flexphon.com.
“You”, “your” or “Customer” is used to refer to the Customer.
The “Website” means the website www.flexphon.com and any page or location on the website, no matter what device (cell phone, lap top, PC, etc.) or protocol (http, WAP, ftp or other) is used to access the page or location. In this Policy, we use the term website and other similar terms such as “Internet site,” “site,” and “web page.”
The “App” means our application for mobiles, tablets and personal computers, through which the Service is provided.
The “Service” means the service provided by us through the App.
3. Acceptance of the Terms
3.1. In order to register for the Flexphon service you must first accept these Terms. These Terms are accepted by you when you click to accept or agree the Terms. You should print a copy of these Terms for your records. If you do not accept these Terms then you must not continue to sign up to the Flexphon service.
4. Changes to the Terms
4.1. Flexphon reserves the right to modify these terms at any time without prior notice. These changes may include changing, adding to, removing from or replacing these Terms. Any modification of these terms and conditions will be deemed to be effective from the date and time of posting on the Website.
4.2. You understand and agree that your express acceptance of the Terms or your continued use of the Flexphon service after the date of publication shall constitute your agreement to the updated Terms.
4.3. Prices and availability information are subject to change without notice. We will notify you of any price changes by publishing on our website, emailing, quoting or invoicing you. Price changes will be effective as of the next billing cycle. When the prices go up, you have 7 days to ask to refund any remaining credit (extra credit for services that are not included in the plan, see section 9.4) and to cancel the service. Minutes that are included in your plan are never refunded.
4.4. If you do not agree with such amended Terms, you must immediately stop using the Flexphon service and cancel your subscription to the Flexphon service as set out in section 12 below.
5.1. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable licence to use the Flexphon service subject to these Terms. We reserve all rights not expressly granted to you under these Terms.
5.2. You must not reverse engineer, disassemble or decompile the software and technology used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
5.3. You may not and you agree not to (i) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party over the App, Website or Flexphon service, or (ii) use the App, Website or Flexphon service:
otherwise than as documented on our Website or instructed by us;
for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
to harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties;
in any way (such as recording greeting messages) that may be considered sexually explicit, vulgar, profane, offensive or obscene, defamatory, slanderous, religiously or racially offensive or promoting hate towards individuals or groups;
in any way that breaches copyright, trademark, confidence, privacy or infringes the intellectual property rights of others;
If you do, without prejudice to any other right we may have under these Terms or otherwise, we may terminate your right to use the Flexphon service in accordance with section 12.2 below.
6. Use of the Flexphon service
6.1. We are not the source of, do not have any control over, do not monitor and take no responsibility for the content of communications made using the Flexphon service, App or Website.
6.2. Flexphon forwards calls over the gsm and as such, it is dependent on your connection to the gsm network and the gsm network itself. Your service may therefore cease to function if you have poor reception or if there is a failure in the underlying gsm network. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any items over which we have no control.
6.3. We may vary the functionality or other aspects of the Flexphon service, App or Website from time to time. If you do not agree with any such changes you may cancel your subscription in accordance with section 12 below.
6.4. You acknowledge that you do not “own” the Phone Number and have no rights over it independent of your use of the Flexphon service. If you cancel your use of a particular Phone Number on the Flexphon service, we will no longer provide service to you on that Phone Number. A Flexphon number can be ported out on your request to another telecom operator if the other operator is able to port in the number.
6.5. We may at our discretion hold the Phone Number for a period of time in case you wish to use it again with the Flexphon service, but we do not guarantee that we will be able to do so (even if we have been able to do this previously).
6.6. Occasionally we may need to:
temporarily suspend the Flexphon service (including for the avoidance of doubt any part of it), App or Website for operational or security reasons, in accordance with these Terms (for example, non-payment of Charges (as defined below)) or in an emergency;
bar certain Phone Numbers from the Flexphon service, or prevent certain callers calling Phone Numbers allocated to the Flexphon service, on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer direct loss or otherwise reasonably deem it necessary to do so.
6.7. Exceptionally, we may need to perform maintenance on or upgrade the Flexphon service, App or Website, which may result in suspension or degradation of the Flexphon service. If we can, we will try to publish the time and date of such suspension or limitation on the Website in advance. You will not be entitled to claim expenses or damages for such suspension or limitation of the use of the Flexphon service, App or Website.
6.8. You must not use the Service in connection with the operation of nuclear facilities, aircraft navigation, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
7. Your Obligations
7.1. You need to comply with all relevant laws, regulations, regulatory conditions and usage restrictions provided for in the applicable regulatory framework, including decisions from your local NRA (National Regulatory Authority) and provisions in numbering plans.
7.2. It is your responsibility to abide with the specific usage restrictions and service conditions as may apply to the Flexphon service and or the use of numbers in the country in which you intend to purchase the Flexphon service.
7.3. If at any time during the term of the Agreement, you are informed or information comes to your attention that you are or may be in violation of any legal or regulatory provision, you shall immediately take all appropriate steps to remedy such violation and comply with such law in all respects.
7.4. You shall not use the Flexphon service for any unlawful purpose whatsoever, including but not limited to the transmission of information or the offering of any service which is unlawful, abusive, harmful, threatening, defamatory, pornographic or which could be considered offensive in any other way, nor falsifying the sending address of the transmission using a Flexphon number in the caller id (spoofing).
7.5. You may not do any of the things set out in section 5.2 above.
You acknowledge and agree that:
We may request information from you for the purpose of supplying the service to you. You shall ensure that any such information is complete, up-to-date and accurate.
You shall not resell or commercialise the Flexphon service, App or Website to any third party without our written consent
You will keep all your Flexphon passwords secure, strong and confidential at all times. Flexphon cannot accept any responsibility for unauthorized access to your account and calls made on your account. You should always set and use strong passwords, for example consisting of a minimum of 10 characters, a combination of numbers, letters and characters and not easy to guess. Beware of using your details on public networks where your details may be stored or intercepted.
Your login credentials are personal to you; if you want to add another user to your plan you may do so as set out in section 16 below.
7.6. You acknowledge that any violation of this section 7 shall constitute a material breach of the Agreement and agree to hold Flexphon harmless and indemnify it against all costs and liabilities arising out of any violation of this section 7.
8. Proprietary Rights
8.1. The Flexphon service, App and Website contain proprietary and confidential information that is protected by intellectual property laws and treaties.
8.2. The content and compilation of content included on the Flexphon service, App or Website (excluding content submitted by you or other users of the Flexphon service, e.g. welcome greetings, voicemails (“User Submissions”)) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Flexphon, its affiliates or licensors and are protected by Bulgarian and international copyright laws. Such copyright protected content cannot be reproduced without our express permission.
8.3. We and/or our licensors retain exclusive ownership of the Flexphon service, App and Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with our intellectual property rights in the Flexphon service, App or Website.
8.4. “Flexphon”, associated trademarks and logos are trademarks owned by Flexphon Ltd. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or any of our related companies that appear on the Flexphon service, App or Website are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of our intellectual property (in whole or part) or that is confusingly similar thereto.
8.5. You grant us a limited, non-exclusive, royalty free, sub-licensable licence to use the User Submissions (e.g. voicemail welcome messages) in connection with providing the Flexphon services to you on these Terms. You warrant that you have the right to make available the User Submissions via the Flexphon service, and grant us the right to remove or alter or otherwise deal with the User Submissions where we have reasonable cause to do so (for example, where we believe that it is or may be necessary to comply with applicable law and regulation).
9.1. The Flexphon service is a paid service on a monthly subscription basis with no long term contract. You can choose your subscription term when you sign up, which will run from the date that you sign up for the billing period that you have chosen (“Billing Period”). All rates and services are listed on www.flexphon.com.
9.2. An invoice is issued for every prepayment. The invoice is sent by email and is downloadable from the Flexphon App. Flexphon will allow online retrieval of all call details from the past 365 days only.
9.3. You agree to (i) notify us of any fee dispute within fifteen (15) days of the invoice date, (ii) work in good faith to promptly resolve any dispute, and (iii) pay fees within fifteen (15) days following resolution of the dispute.
9.4. You must pay charges for the services (“Charges”) in advance for each Billing Period, according to the plan that you have selected. In addition, you may buy additional credit for additional services, such as – but not limited to - forwarding calls to a mobile phone number outside the zone of your Flexphon number(see section 1.6)
9.5. It is your responsibility to ensure Flexphon receives your payment in time and that the payment details are accurate and up-to-date.
9.6. Flexphon will automatically block all services if your payment is not received in time. Although we may suspend your account, you are not eligible for a pro-rated refund for the time that your account was suspended. If we terminate your Service for failure to pay, your account will be terminated and Section 12 will apply.
9.7. Flexphon will cancel and end all phone numbers and phone channels if we do not receive your payment in time. We may sometimes allow a grace period (but we are not obliged to do so) within a certain time limit determined by us.
9.8. Any accounts which have not been used for 12 months or more may be cancelled by Flexphon. Any credit balance unused for 12 months or more will be deducted from your account.
9.9. All prepaid credit is non-refundable.
9.10. In the event that we offer you a trial period of the Flexphon service (or any part of it) or any other offer, either at no cost or for reduced Charges, the Charges will be so waived or reduced only for that specific trial or offer period and shall automatically revert to full price once such trial or offer period has lapsed.
9.11. The amount of the Charges will vary according to the plan and the Billing Period that you choose. Details of the Charges can be found by visiting our Website. Other Charges may apply to other services that you may ask us to perform and that we agree to perform from time to time; we will always agree such services and Charges with you in advance.
9.12. We count your usage of the minutes of your plan when an inbound call is redirected via the Flexphon service to a mobile number. Call durations will be calculated in one minute increments and fractional minutes will be rounded up to the nearest whole minute. Calls that go to your Flexphon voicemail do not count against the limit of your plan.
9.13. Unused portions of a plan (e.g. unused minutes) lapse at the end of each Billing Period and will not be rolled over into the next Billing Period. We will notify you if you get close to the limit of your plan. If you exceed the limit of your plan we may suspend or limit some or all of the Flexphon service. We may sometimes allow a grace period (but we are not obliged to do so) and we may further suspend or limit some or all of the Flexphon service if you do not upgrade your plan within a certain time limit determined by us.
Extra credit purchased for services outside your bundle do not expire.
9.14. Upon subscription to any paid portion of the Service, you must provide us with a valid credit card number (Visa, MasterCard) or PayPal account. You authorize us to charge your credit card number and (or) your PayPal account for all charges and fees relating to the Service on a recurring basis until your subscription to the Flexphon service is cancelled by you or terminated by us.
You must keep your credit card and/or PayPal account information, including, but not limited to, the account number, expiration date, billing address and/or other validation information, up to date, making necessary changes through your service management dashboard.
9.15. We are not responsible for any charges assessed by the credit card issuer on your account for exceeding your credit limit or any other reason. If we suspect fraud, we may immediately suspend your account without notice. We reserve the right to charge a fee for any chargebacks unless in connection with a valid dispute recognized by us as due to our error.
9.16. Payment will be taken by our payment services provider from your registered credit card. You must keep your registered credit card details up to date, and ensure that your registered credit card has enough funds to cover the cost of the expected payment transactions. Unless otherwise agreed in writing with us in advance, we do not accept payment of the Charges in any other manner.
9.17. We may contact you if your card issuer refuses to authorise a recurring payment of Charges and you may need to contact your card provider for more information. We may re-attempt to take payment at any time. Repeated failure of your card issuer to authorise payment of Charges shall be deemed a material breach of these Terms by you.
9.18. We are not responsible for any costs that you incur due to failed or delayed transactions or any costs or fees imposed on you by your card issuer as a result of or in connection with your payment of, or failure to pay, the Charges.
9.19. No refunds of Charges are given for unused portions of plans or in respect of service outages, faults or malfunctions of the Flexphon service, App or Website.
9.20. We may increase or decrease the Charges at any time (including the introduction of Charges for aspects of the Flexphon service previously provided at no extra cost). Such increases will apply to your next renewal of your plan unless we notify you otherwise by email. Where we increase the Charges significantly for elements of the Flexphon service that you are using, we will notify you beforehand by email. Charges for forwarding outside the zone (see section 1.6) can increase at any moment, without prior notice.
9.21. Without prejudice to any other remedy we have under these Terms or otherwise, we may suspend your access to or use of the Flexphon service (or any part of it) if you do not pay the Charges.
9.22. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.
9.23. In addition, the Buyer shall be responsible to retain at source and timely remit to the local tax authorities any kind of source country withholding tax (or the like) that is applicable to the compensation invoiced for the rendered Services. Such source country withholding tax comprises all federal, state or local taxes of this kind. In any event, source country withholding tax – if and to the extent due – is at the exclusive charge of the Buyer.
10. Initial term
10.1. Service is provided for either a term of one month or one year, depending on whether you select a “monthly” plan or an “annual” plan (the “Term”). In either case, the initial Term begins on the date that you subscribe for the Service. You are subscribing for the Service for the full length of the applicable Term. This means that if you terminate the Service prior to the end of the then-current Term or we terminate the Service as a result of your Default (any reason, including without limitation, for your failure to pay any sum due hereunder, for suspected fraud or other activity, and/or for any other breach of these Terms of Service — each, a “Default”), you will be responsible for any applicable charges for the full Term as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges and unbilled charges. In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.
11. Term renewal
11.1. The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to you.
12. Termination of the Flexphon service
12.1. You can cancel your subscription to the Flexphon service at any time by visiting our Website and clicking on the ‘cancel my subscription’ link in the Billing section. Your subscription will be cancelled and your Flexphon service will terminate at the end of your current Billing Period. You will be eligible to continue using the service for the Billing Period that you have already paid for. No refund will be issued for any remaining portion of a Billing Period that has already begun.
12.2. We may terminate or suspend your use of the Flexphon service at any time:
if you are in breach of these Terms;
if you repeatedly fail to pay Charges due upon request (including any automatic request to your card provider by our payment services provider to authorise a charge to your credit card);
if we suspect that you are using the Flexphon service, App or Website to break the law or infringe third party rights, or knowingly or negligently allowing such use;
if we suspect that you are using the Flexphon service, App and/or Website fraudulently, or knowingly or negligently allowing such use;
if we believe that you are making unreasonable or excessive use of the Flexphon service, App and/or Website (for example: usage of any free or unlimited element of the service that is considerably in excess of what we would expect of a typical user);
if any other user who has access to your plan, or whose plan you have access to as further described in section 16 below, does any of the above where applicable;
on thirty (30) days’ notice if we decide to cease offering the Flexphon service to you; or
immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or if required by any of our partners.
12.3. We will effect such termination by preventing your access to the Flexphon service and/or emailing you to confirm such termination.
12.4. A request by you to port your Number from Flexphon to another provider may be deemed a request by you to terminate your account with us. If you decide to port your Number to another service provider, you remain liable to us for any outstanding balances accrued on your account, all of which must be paid before porting your Number. Your account must remain active until the port is complete. If your service is terminated prior to porting, it will result in the loss of the Number and the Number will not be eligible for porting.
12.5. Upon termination of the Flexphon service:
all licenses and rights to use the Flexphon service, App and/or Website shall immediately terminate;
the Phone Numbers that we have allocated to you will no longer operate;
you will immediately cease any and all use of the Flexphon service;
you will immediately cease all use of the Website (except those parts of the Website made generally available to the public) and the App, and delete any copies of the App you may have; and
you will make reasonable efforts to ensure that you no longer publicise or are no longer associated with the Phone Numbers, as we may make them available to other people.
death or personal injury caused by the other party’s negligence;
fraud or fraudulent misrepresentation; or
any other liability which cannot be so limited or excluded by applicable law.
any indirect, special, incidental or consequential loss or damages;
any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
any damage to or corruption of data (whether direct or indirect); or
any claim, damage or loss (whether direct or indirect) arising from or relating to any product or service provided by a third party under their own terms of service, any third party technology or any third party website.
13. Exclusion of Warranties, Limitation of Liability and Indemnity
13.1. For the purposes of this section 13, all references to ‘us’, ‘we’ or Flexphon Ltd. includes our parent and subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
13.2. To the maximum extent permitted by law the Flexphon service, App and Website are provided “as is” and used at your sole risk with no warranties whatsoever; we do not make any warranties, claims or representations and expressly disclaim all such warranties, claims or representations of any kind, whether express, implied or statutory, with respect to the Flexphon service, App and Website including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. We do not represent or warrant that the Flexphon service, App and/or Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without degradation, nor do we warrant any connection to or transmission from the internet, or any quality of communications made or enabled through the Flexphon service.
13.3. While Flexphon endeavors to ensure that the initiative descriptions on the website are correct, Flexphon does not represent or warrant that the information accessible via this site is accurate, complete or current. In the event of a conflict between the terms and conditions and the website, the terms and conditions shall take priority over the website.
13.4. Notwithstanding any other terms, nothing in these Terms shall exclude or restrict either our liability for:
13.5. We will not be liable to you under or in connection with these Terms for or in connection with your use of the Flexphon service, App and/or Website whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, for:
13.6. Our total liability to you under or in connection with these Terms, whether in contract, tort (including negligence) or any other theory of liability, shall not exceed in aggregate the greater of (i) the Charges paid by you, or (ii) the amount of one thousand euro, in all cases.
13.7. You will indemnify and hold us harmless from and against all damages, claims, liability, loss, costs or expenses (including reasonable legal fees and costs) in connection with or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law or regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); or (iv) your User Submissions.
13.8. We are not responsible for any indirect, special, incidental or consequential loss or damages due to a suspension of the service for any of the reasons described in section 12.2.
14. Third Party Websites, Products and Services
14.1. The App and/or Website may include hyperlinks to other third party websites. We’re not responsible for such third party websites or the availability of such websites and we don’t endorse any content or material on such third party websites, or goods or services provided by any third parties. Your use of each of these third party websites, goods or services is subject to the relevant terms and conditions of the provider of the same.
14.2. Certain parts of the Flexphon service, App and/or Website may reply on third party products or services (such as internet networks) over which we have no control. You acknowledge that communication and data transfer over the internet (including emails) is not necessarily secure or guaranteed. We do not accept any liability in respect of email, third party websites, or products or services over which we have no control.
15. Data Protection
16. Other Users
16.2. You agree that if you ask us to add other users to your plan, those users will be able to see and control the information and functionality that you give them access to on your plan; and if you designate those users as “admin” users they will be able to see and control all information and functionality of the Flexphon service in respect of your plan.
17. How To Contact Us
17.1. To contact us in relation to the Flexphon service or these Terms, please contact us at email@example.com
18.1. These Terms constitute the entire agreement between you and Flexphon Ltd. in connection with and with respect to your use of the Flexphon service, App and/or Website. These Terms replace any prior agreements, terms or representations between you and us with respect to the Flexphon service, App and/or Website.
18.2. Each party acknowledges that in entering into these Terms it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.
18.3. A party’s only remedy in respect of the Flexphon services shall be for breach of contract as provided in these Terms.
18.4. If any provision of these Terms (or part of them), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
18.5. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our rights or remedy. If we waive a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
18.6. You may not assign these Terms or any rights or obligations contained in them. We may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
18.7. Sections 13 to 18 of these Terms and any other provisions which are expressed or clearly intended to survive or operate in the event of termination shall survive termination of the Terms.
18.8. You acknowledge and agree that if we are unable to provide the Flexphon service as a result of a force majeure event, we will not be in breach of any of our obligations towards you under these Terms. A force majeure event means any event beyond our control.
18.9. The parties intend that a person who is not party to these Terms shall have no right under the Contracts (Rights of Third Parties) or otherwise to enforce any term of these Terms.
19. Referral Scheme
19.1. Flexphon may offer you a referral credit scheme whereby you will be rewarded with credit against the cost of your Flexphon service (“Referral Credit”) for introducing qualifying new users to the Flexphon service. The rules and operation of such scheme will be as reasonably determined by Flexphon from time to time and may change with or without notice.
19.2. You agree that any such Referral Credit is awarded solely at our discretion, which may vary from time to time. Referral Credit will only be awarded for genuine new users who (i) join via the offers made available at specific referral codes or links allocated to you (and only where those users are tracked as having joined via such codes or links), (ii) are registered at a different address to you, (iii) have not previously held an Flexphon account, (iv) are not blocked, blacklisted or refused by Flexphon and have not been previously terminated, and (v) completes and pays for a full paid billing cycle (i.e. Referral Credit is not paid for trial periods). Referral Credits will not be paid for new users who use other offers (e.g. discounted subscription) unless specifically authorised in advance in writing by Flexphon.
19.3. Referral Credit has no independent cash value and is recorded solely to be set off against your future Flexphon account balance whilst you continue to subscribe to the Flexphon service. Referral Credit is not available if your account is in arrears.
19.4. We may suspend or remove you from the Referral Credit scheme at any time and without notice to you, if we cease to operate the Flexphon service or the Referral Credit scheme, if we believe that you are abusing the Referral Credit scheme, if we believe that you have provided false or misleading information, if we suspect that you are misusing the Flexphon service, if we believe that you have breached these Terms and Conditions, if we receive a serious complaint about you (whether or not it is ultimately proven), if you have otherwise engaged in conduct which we believe may breach any law or regulation or bring Flexphon into disrepute, or if we have any other reason to do so (including change of business strategy). In such instance, Flexphon reserves the right to remove and void any or all of your accrued Referral Credit at its sole discretion.
19.5. If you cease to be a subscriber to Flexphon, if you cancel your account, or if your account becomes inactive (at our discretion, including where you close your account or port your number out) your Referral Credit will be removed and voided. No ‘refund’ or cash alternative or equivalent payment of unused Referral Credit will be made in any circumstances.
20.1. If a court or other governmental authority states that one of the provisions of the Agreement is invalid, void or unenforceable, then the remaining provisions of the Agreement nevertheless remain legal, valid and enforceable, provided however that each party is allowed to terminate the Agreement immediately if the invalid, void or unenforceable provision is material to the Agreement.
21. Applicable Laws and Disputes
21.1. The construction, validity and performance of these Terms and all non-contractual obligations arising from or connected with these Terms, shall be governed by Bulgarian Law. Any action or proceeding brought to adjudicate any dispute related to or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Sofia.