Node Operators Agreement
- 1. Hotfoon runs a business of Internet Telephony.
-
It has a subscriber base that pays Hotfoon to make calls through its network of Nodes. The Nodes are independent businesses run by individuals or private businesses around the World. Hotfoon provides these businesses with the required software and support to enable them to do business with Hotfoon. Node Operator is a person or business entity that agrees to the entire terms of this agreement. and conducts business as per conditions laid in this agreement.
- 2.All the terms of this agreement are changeable at any time by Hotfoon.
-
In such a case, Hotfoon will provide a one week notice to the Node Operators by posting the changed terms on this website (www.hotfoon.com) it will also try informing the Node Operators of the changes by email. As email may fail to reach the Node Operator, it is mandatory that the Node Operator should check the website for any changes in agreement at least once a week. If a Node Operator does not agree to the changed agreement entirely, he may agree to terminate this Node Agreement under clause (3) of this agreement without cost.
- 3. A Node Operator can choose to terminate this agreement at anytime with Hotfoon without assigning any reason whatsoever.
-
The balance amount due to such a Node Operator will be transferred to them within a month and after Hotfoon has decided that the accounts are fully in order. The balance money will be transferred only using the payment system chosen by the Node operator at the time of registration.
- 4. Hotfoon can choose to terminate this agreement at anytime with the Node Operator without assigning any reason whatsoever.
-
The balance amount due to such a Node Operator will be transferred to them within a month and after Hotfoon has decided that the accounts are fully in order.
- 5. Responsibilities of the Node Operator.
-
5.1 The Node Operator understands that he is running an independent business. The Node is not owned or partnered by Hotfoon in any way. Hotfoon only provides Node Operators with Software, know-how to run the Node business and has a business relationship with the Node operators.
5.2 The software and know-how provided by Hotfoon is the intellectual property of Hotfoon. It is licensed to the Node operator on a non-exclusive basis only to be used in the business covered under the terms of this agreement.
5.3 The Node Operator agrees to install and operate the Node fulfilling all the technical requirements as per recommendations available on the www.hotfoon.com website.
5.4 Hotfoon is not responsible for any losses, damages and problems suffered by the Node Operator either directly or indirectly due to and during installing, operating the Node. Compliance with local telephony systems is the responsibility of the Node operator.
- 6. Responsibilities of Hotfoon.
-
6.1 Hotfoon appreciates that the Node operator is an independent business. The Node Operation is not owned or partnered by Hotfoon in any way. Hotfoon agrees to provide technical support by way of email to the Node operator to help them maintain their Node as long as it is under the terms of this agreement.
6.2 The Node Operator is not responsible for any loss, damage or problems suffered by Hotfoon directly or indirectly due to the inability of the Node Operator to operate the Node consistently.
6.3 Hotfoon agrees not to disclose the identity or accounts of a Node to any third party except as required by the Law of United States of America.
- 7. Technical Requirements for a Node.
-
The Node Operator is expected to meet these technical requirements as a pre-condition to operating a Node.
7.1 A Node Operator chooses a particular city or geographical area that he agrees to service.
7.2 The Node Operator will establish an Personal Computer running Microsoft Corporation's Windows 2000 operating system with at least 128 MB RAM, 100 MB free hard disk space, with CPU running at least 500 MHz. The computer will be permanently connected to the Public Internet through a cable, DSL, ADSL, or Leased circuit.
7.3 Where such connection 'always-on' maybe infeasible, the Node Operator will arrange for a telephone dial up connection. Such a dialup connection must be configured such that it is kept permanently connected to the Internet.
7.4 In any case, the Node's Personal Computer established in clause 7.1 and 7.2 should have a connection of at least 33.6kbps and the Node Operator should take all steps to ensure that a good connection to the Internet is provided.
7.5 The Node Operator will ensure that, if there are frequent power outages resulting in the stoppage of Node Computer, either alternative power arrangements are made or an Un-interrupted Power Supply of suitable capacity is provided with the Node's Personal Computer.
7.6 Either one of the listed Telephony devices is properly installed following the instructions available on the Hotfoon site.
7.7 A noise-free, working telephone line is connected to Telephony device of the Personal Computer mentioned above in clause 7.6.
7.8 If the Node Personal Computer uses a dial-up connection, then the telephone line connected to the Telephony device should be separate from the telephone line used to establish Internet connection.
7.9 The Node Operator will install the Node software licensed under the terms of this agreement as per the instructions provided on the website www.hotfoon.com.
- 8. Billing
-
Hotfoon's entire operations of connecting calling subscribers to their call destinations is handled by the Node. It is vital to the success of Hotfoon to keep Nodes profitable and flourishing.
8.1 All the calls made through the Node in Paid Service that last more than a minute are paid for by Hotfoon to the Node Operator at a call rate as Agreed upon by the Node at the time of registering the Node.
8.2 The Call Rate maybe changed occasionally by Hotfoon in order to meet the changing market situation. In such cases, Hotfoon will send an email to the Node Operator giving a minimum of 15 days advance notice as well as post the new rates on the website www..hotfoon.com. If the new rates are unacceptable to the Node Operator, the Node operator can choose to terminate the agreement as per Para 3.
8.3 Hotfoon will reserve the right to change the call rates after giving 15 days notice and the Nodes reserve the right to terminate their contract at no cost if they find the proposed rates unacceptable to them.
- 9. Suspension of Paid Service
-
9.1 Paid service maybe suspended if, during any 24 hour period, the measured quality of service as per Hotfoon's criterion falls below the qualifying level.
9.2 When a Node's Paid Service is suspended, an email is sent to the Node Operator notifying the Node Operator. As emails may not reliably reach the Node's email account, it is required that the Node Operator should frequently check his Service Status by logging into his account from www.hotfoon.com website.
9.3 Node's that are offline for more than 30 days will be disabled and removed.
9.4 Nodes that fail to get online within 15 days after registration will be disabled and removed.
- 10. Payment Mechanism
-
10.1 The payments for each call handled by the Node are available as a detailed log from the website www.hotfoon.com. The Node Operator is required to frequently check the call records for his Node from the site. The payments to be made to a Node will be calculated solely on the basis of call records as available on the www.hotfoon.com website. Hotfoon will not be responsible for any costs incurred by the Node Operator in any other way including but not limited to false billing in his own telephone bills.
10.2 The amount balance in a Node's account until the last day of the previous month will be transferred to the Node operator's bank account or a PayPal.com account designated by the Node operator by 15th of each month. The cost of such fund transfers(for bank transfers only, There is no charge for payments through paypal.com) will be borne by the Node Operator and will be deducted from the amounts being transferred. For payments through bank the Amount less than $ 300 will not be paid and will be carried forward to the successive month. For Payments through paypal.com amount less than $ 100 will not be paid and will be carried forward to the successive month.
10.3 The Node can choose to transfer the amount credited in his account at any time to an authorized Hotfoon reseller. The Node may resell amount credits to hotfoon subscribers through a separate reseller account. Write to billing@hotfoon.com for more details.
10.4 The Node Operator may change the details of his bank account by emailing to gateway[at]hotfoon[dot]com from the email address of the node registered with us. Change in beneficiary name and country will not be entertained.
- 11. Force Majeure
-
For any issue not covered by this agreement, Hotfoon's decision shall be final and binding.
Hotfoon