These are the terms under which Intergo Telecom provides the TextCall Services. Please read them carefully — by using the Services you agree to them.
This Master Services Agreement (the “Agreement”) is between Intergo Telecom Ltd, trading as “TextCall”, with its registered office at Off 102-103, Tepeleniou 17,8010, Paphos, Cyprus (“TextCall”, “we”, “our”, and “us”) and the customer identified on the signature page or account (“Customer”, “you”, and “your”). TextCall and you may be referred to individually as a “Party” and collectively as the “Parties”. The Parties agree as follows:
IMPORTANT: TextCall provides its Services exclusively for business purposes, sole traders and other legal entities (collectively “Customers”). A natural person operating as a sole trader qualifies as a Customer solely in their capacity as a business operator and not as a consumer. TextCall does not provide Services for residential or consumer usage. Customers are responsible for ensuring that their own End Users’ use of the Services complies with this Agreement, the Acceptable Use Policy and all applicable laws and regulations.
This Agreement consists of: (a) this Agreement; (b) any exhibit, schedule or attachment hereto (each, an “Attachment”); (c) each applicable service order (“Service Order”) detailing the specific service(s) offered; and (d) the Terms & Conditions of Service (the “T&C”) available at textcall.com, incorporated by reference. In the event of conflict, the order of precedence is: (1) the Service Order(s); (2) the Attachment(s); (3) this Agreement; and (4) the T&Cs.
This Agreement has an initial term of one (1) month (“Initial Term”) starting on the Effective Date. Upon expiry of the Initial Term it automatically renews for consecutive one (1) month periods (each a “Renewal Term”) unless terminated by either Party by written notice given at least thirty (30) days before the end of the then-current term. The Initial Term and any Renewal Terms are the “Term”.
Notwithstanding the above, TextCall may, at its sole discretion, terminate this Agreement on thirty (30) days’ written notice. This right is in addition to any other remedies available to TextCall at law or in equity.
TextCall provides a cloud communications platform (CPaaS) delivered over APIs and web applications, including: messaging across SMS, WhatsApp, Viber, Telegram and RCS; voice services and SIP trunking / termination; multi-channel verification (OTP); and phone numbers (DID, local, national, toll-free and mobile). The Services combine software, products, networks, services and hosting facilities. TextCall may periodically add, modify or remove features at its sole discretion.
The Customer acknowledges that the Services are contingent on ongoing availability and that TextCall may, at its sole reasonable discretion, decline to offer a Service in any jurisdiction, or restrict Services to or from any jurisdiction. The Services are provided to business Customers only; TextCall does not provide Services directly to individual consumers or End Users. Customers are solely responsible for any use of the Services by their End Users and for ensuring such use complies with this Agreement and all applicable laws.
By subscribing to the Services, you authorise us to collect payment — including any early-termination, late, chargeback, recovery and other outstanding charges — from your payment method. This authorisation remains valid for 30 calendar days after you terminate our authority to charge your payment method.
Fees are detailed in the applicable Service Order, price list or rate deck, incorporated by reference. You are responsible for selecting a plan that meets your needs. We reserve the right to modify fees and/or rates on seven (7) days’ notice.
If you dispute an invoice, you must pay the undisputed amounts and provide written notice of the disputed amounts within thirty (30) days; failure to do so is an irrevocable waiver of the right to dispute the charge unless otherwise provided by law. We will attempt to resolve disputes in good faith for 30 days, after which any remaining undisputed amount is due within 10 days.
If you fail to pay all billed charges by the due date, we may restrict, suspend or terminate your use of the Services and apply any deposits or payments made. Any restoration of Services does not waive our right to full payment or to suspend again for non-payment.
TextCall may enforce the following fines and penalties, and may suspend or terminate an account engaged in prohibited conduct (including AIT, sender-ID/CLI spoofing, or unacceptable responses to complaints or tracebacks):
| Description | Amount |
|---|---|
| Artificially Inflated Traffic (AIT) / traffic pumping | [€5000] plus all charges for the traffic incurred; suspension |
| Sender ID / CLI spoofing or use of numbers belonging to another party | [€500] per instance |
| Late fees | 5% of the outstanding balance, compounded monthly |
| Reactivation fee (account suspended for non-payment) | [€25] per reactivation |
| Chargeback fee | [€100] per chargeback, plus all amounts due |
| Number port-out | [€10] per number ported out of TextCall’s network |
TextCall issues a monthly invoice, typically on the first day of each calendar month. Monthly service fees are charged in advance per the applicable Service Order, together with applicable taxes and surcharges; usage-based charges are billed monthly in arrears. TextCall may bill more frequently where necessary.
Where permitted in a Service Order, the Customer may resell or rebrand the Services to its own End Users (a “Resale”); further resale by an End User is prohibited. In any Resale the Customer serves as the primary contact for its End Users, assumes full responsibility for their use of the Services, makes no representations on behalf of TextCall, ensures End-User compliance with law and this Agreement, and is solely responsible for billing, collection, taxes and surcharges. TextCall has no direct contractual relationship with, or liability to, the Customer’s End Users.
Customers are responsible for all applicable taxes, regulatory fees and charges (including VAT where applicable), except for taxes on TextCall’s net income. TextCall may pass through taxes and fees it owes to the extent permitted by law. VAT applies to EEA-based Customers that are not exempt under EU reverse-charge rules; any tax exemption must be validated and approved, and until validated the Customer remains responsible for all taxes and fees incurred.
The Services are accessed using TextCall-provided credentials, and Customers are responsible for securing their credentials. The Services may not be used for any abusive, threatening, fraudulent or illegal purpose, including phishing/smishing, sender-ID spoofing, unlawful robocalling or auto-dialling, transmitting unlawful or obscene material, generating Artificially Inflated Traffic, or any use that interferes with or presents a risk to the Services, networks, other Customers or third parties.
Customers are solely responsible for all charges incurred in connection with their accounts, whether authorised, unauthorised, fraudulent or otherwise. TextCall has no duty to investigate the authenticity of usage but may take action — including blocking particular numbers, destinations or channels, without notice — to prevent fraudulent usage. If a Customer becomes aware of stolen or fraudulent use it must immediately notify TextCall in writing. The Customer agrees to defend, indemnify and hold TextCall harmless from all claims, costs, liabilities and damages arising from such fraudulent or unauthorised use.
Either Party may cancel the Services. TextCall may discontinue the Services, block access, and cancel the account without notice to prevent or protect against fraud or to protect its personnel, facilities or services, including where: (a) the Customer breaches this Agreement or the AUP; (b) the Customer’s usage is unlawful or disruptive; (c) the Customer is abusive toward TextCall staff; (d) TextCall receives an order from a competent court; or (e) TextCall ceases to offer the Service. The Customer remains liable for all unpaid fees accrued.
A Customer may terminate this Agreement at any time by a written termination request (account number, main username and cancellation date) sent to support@textcall.com. The thirty-day notice period begins when TextCall receives a valid request; Services and the applicable terms continue until the effective date of termination. Upon termination the Customer must discontinue use of all TextCall services, numbers and log-ins.
Where the Customer uses TextCall voice or SIP services, the Customer acknowledges that IP-based voice differs from traditional telephone service and that emergency calls (e.g. 112/911/E911) may be handled differently or may be unavailable — for example during a power, equipment, network or internet failure. Provision of any emergency calling depends on the Customer supplying accurate, up-to-date location and call-back information, and on third-party carriers and public-safety answering points for which TextCall is not responsible. The Customer must inform its End Users of these limitations and maintain an alternative means of contacting emergency services.
A Fair Use Policy (“FUP”) applies to metered and any unlimited or bundled Services. Fair use excludes activities such as auto-dialling, constant call forwarding, telemarketing and call-centre traffic that create congestion and may impact other customers. If usage significantly exceeds normal patterns or is otherwise excessive or unreasonable, TextCall may notify the Customer to cease or modify usage, offer an alternative per-unit plan, apply per-unit charges to the excessive portion, or suspend, modify or restrict the Services.
“Applicable Data Protection Law” means the EU GDPR (Regulation (EU) 2016/679), the UK GDPR, the Cyprus Law 125(I)/2018, and any other applicable data-protection legislation as amended. Where TextCall processes personal data solely to provide the Services on the Customer’s instructions, TextCall acts as Processor and the Customer as Controller. Where TextCall processes personal data for its own purposes (account management, billing, fraud prevention, network security), TextCall acts as an independent Controller, governed by its Privacy Policy. Where the Parties jointly determine purposes and means, they may be Joint Controllers and will enter a separate arrangement under Article 26 GDPR.
Where the Customer acts as Controller it warrants that it has a lawful basis for sharing personal data with TextCall and for instructing TextCall to process it, that it has provided all required privacy notices and obtained all necessary consents from Data Subjects, and that its instructions comply with Applicable Data Protection Law.
TextCall will notify the Customer without undue delay, and in any event within seventy-two (72) hours, upon becoming aware of a Personal Data Breach affecting Customer personal data processed as Processor, including (to the extent available) the nature of the breach, the categories and approximate numbers affected, the likely consequences and the measures taken. The Customer is responsible for notifying the competent Supervisory Authority and affected Data Subjects where required.
TextCall will not transfer Customer personal data outside the EEA without ensuring an adequate level of protection under Applicable Data Protection Law (for example, Standard Contractual Clauses). Queries relating to data processing should be directed to legal@textcall.com; TextCall’s Privacy Policy sets out further detail on its controller processing.
The Services and any equipment or software are provided on an “as is” and “as available” basis. TextCall does not guarantee uninterrupted or error-free Services or the successful delivery of all attempted communications, which depend on third-party carriers, channel providers and networks. TextCall may modify, update or discontinue any aspect of the Services at any time.
To the maximum extent permitted by law, neither TextCall nor its affiliates or representatives is liable for any indirect, incidental, special, punitive, exemplary or consequential damages, or loss of profits, revenue, goodwill or data, arising in connection with this Agreement or the Services, regardless of the cause of action and even if advised of the possibility. Except as expressly provided, TextCall disclaims all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. Nothing in this clause limits liability that cannot be limited under Applicable Data Protection Law or by law.
The Customer agrees to indemnify, defend and hold harmless TextCall, its affiliates and their officers, directors, employees and agents from and against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising from: (i) the Customer’s use of the Services; (ii) any breach of this Agreement; (iii) any violation of applicable law by the Customer or its End Users; or (iv) any failure by the Customer to comply with Applicable Data Protection Law.
Neither Party is liable for any failure or delay (other than payment of money due) caused by events beyond its reasonable control and without its fault, including failures of suppliers, subcontractors and carriers. The affected Party will give prompt written notice and the time for performance will be extended by the period of delay.
Governing law and disputes. This Agreement is governed by the laws of Cyprus, without regard to conflict-of-laws principles. Disputes will first be addressed through good-faith negotiation; if unresolved within thirty (30) days, either Party may submit the dispute to binding arbitration or the competent courts of Cyprus.
Entire agreement; amendments; waiver. This Agreement, with any Service Orders, Attachments, the AUP and the DPA, is the entire agreement between the Parties and supersedes all prior understandings. It may be amended only in writing signed by both Parties. No waiver is effective unless in writing.
Assignment; severability; notices. The Customer may not assign this Agreement without TextCall’s prior written consent; TextCall may assign it without consent. If any provision is held invalid, the remainder stays in effect. Notices must be in writing and are deemed given when personally delivered, emailed, or three (3) business days after being sent by registered mail.
Independent contractors; counterparts; survival. The Parties are independent contractors; nothing creates a partnership, joint venture, agency or employment relationship. This Agreement may be executed in counterparts, including by electronic signature. Provisions that by their nature should survive termination will survive, including Fraud & Prohibited Conduct, Data Protection and GDPR, Limitation of Liability, Indemnification, and Governing Law.