Terms & Conditions

Ayatel International Calling Services

  • These terms and conditions set out the terms under which UAB DEFINE LT, the distributor of www.ayatel.com (“Ayatel”), provides you with the ability to make calls and/or send messages using either Ayatel’s physical pre-paid phone cards (“Ayatel Voucher”) or through the Ayatel mobile phone application (the “Ayatel App”) (together referred to throughout these terms as “Ayatel Calling Services”). From time to time Ayatel may offer promotions, offers, competitions and additional benefits to our customers, the terms of which are available here, should be read in conjunction with these terms and conditions.
  • Please read these terms and conditions carefully as they affect your rights and liabilities under the law and the terms governing your use of Ayatel’s International Calling Services. By using Ayatel Calling Services, you agree to these terms and conditions. The essential terms of these terms and conditions are:
    • Ayatel does not recommend that you try to call an emergency services number using Ayatel Calling Services. Please dial the relevant number from your standard mobile or landline.
    • Should your Ayatel Calling Services account remain dormant for 180 days or more from the last time you registered your account, without a call, message or top up being processed, then your account will be terminated and restored upon top-up.
    • Should you top up credit on your Ayatel Calling Services account and your account remains dormant for 180 days or more from the last time you registered your account without a call or message being processed then your account will be terminated.
    • All top ups are securely processed by Ayatel, PayPal, iTunes, Google Play or any other payment processor dependent on which device or top up option is processed. All queries relating to top up and payment processes should be directed Ayatel Customer Services who will re-direct your query accordingly.
    • Our use of your personal data is subject to our Privacy Policy, and Ayatel will never share your information without your consent.
    • By using the Ayatel Calling Services you agree to us sending you occasional marketing messages and promotions which Ayatel consider may be relevant to you. You can opt-out of receiving marketing messages by calling  Ayatel Customer Services on +431 253 00 6526. You are unable to opt-out of receiving service related messages.
    • All national and international destination calling and messaging rates are subject to change. For the current rates, check the Ayatel App or our website www.ayatel.com.
    • If you have any queries regarding our rates, please contact us by emailing us at help@ayatel.com or by calling our Customer Services team (English speaking) on +37052555078 (Voicemail). Alternatively, please read our FAQs to see if you can find the answer your query there.
    • References to “we”, “us” and “our” are to Ayatel and we refer to you as “you” and “your”, while words that begin with capital letters are used across these terms as definitions.

 

Call Rates

  • Each time you use Ayatel Calling Services, the credit on your Ayatel App account will be reduced by the charges incurred, calculated by Ayatel applying and deducting the total of the destination rates and any connection charge that may apply, plus any surcharge as defined below. All calls are charged in one minute increments, rounded up to the nearest minute. During certain promotional periods for certain destinations as stated on Ayatel website or Ayatel app calls using the Ayatel App are charged in one minute increments, rounded up to the nearest minute if calls not exceed one minute. Calls between 1 to 3 minutes are rounded to 3 minutes, calls from 3 minutes are rounded to 4 minute increments starting from third minute.
  • Some calls have an additional charge referred to as a surcharge which is incurred for specific services (e.g. 0800 access numbers, collect calls, or use of a BT payphone).
  • In the event of a conflict between the published destination rates on www.ayatel.com, the Ayatel App, physical or online media, the destination rates set out on Ayatel App shall take precedence.

 

Ayatel In-App bundles

  • Unless otherwise stated, Your In-App bundle lasts from 7 days to 30 days from activation depending on the denomination, is for non-commercial use only and any unused allowance expires automatically at the end of that period. Activation is normally on the date on which you purchase the bundle. Your In-App Bundle excludes all calls other than calls made to fixed line geographic numbers and mobile numbers to the stated destination excluding calls to premium, reverse charge and revenue share numbers as well as high cost numbers as defined by terminating partner. Calls to any other numbers are charged at our standard rate as set out on our website. Where you use more than when your bundle allowance is consumed you will be charged for your excess use at the standard rate published on our website. Promotion valid until withdrawn.

 

Credit and Currency

  • In order to use the Ayatel Calling Services you must have sufficient credit recorded against your account, to make chargeable calls and messages. Ayatel may impose limits on the total amount of top up credit you may associate with your account during any period of time.
  • Your use of the Ayatel Calling Services is deducted from your balance in accordance with the then current rates at the time of you making a call or sending a message. In the event that charges are incurred simultaneously they will be deducted simultaneously.
  • Top ups may only be used for Ayatel Calling Services, you will be entitled to receive refund for any remaining credit with service fee of minimum 2€ or 5% of refund value.
  • The Ayatel App will display either, £, $, €, currency rates in accordance with the country code you entered during your registration.
  • Balances can be topped up through an iOS device within the Ayatel App by making a payment with your iTunes account. The Ayatel App will display the iTunes fee prior to making a payment and should the currency displayed differ to your iTunes account currency, then iTunes will apply a conversion rate to all payments made.
  • Balances can be topped up through an Android device within the Ayatel App or on the Website by making a debit/credit card payment through Ayatel’s third party payment provider or through PayPal.
  • Ayatel accepts no liability for currency conversions applied through third party payment providers.

 

Security and Refunds

  • It is your responsibility to ensure the security of your access to the Ayatel Calling Services. For this reason Ayatel suggest you do not write your access pin or web password or install the App on a mobile phone that is not pin protected. In this occurrence, please call our Customer Services team as soon as possible to block use of your credit.
  • Where the security of your access to Ayatel Calling Services is compromised (such as your mobile phone being lost, stolen or damaged), and your credit is used in an unauthorised manner, Ayatel are not able to provide you with a refund of any credit used in such manner.
  • If you are unable to confirm that you are the rightful owner of credit on your Ayatel App you may lose any remaining credit. You will also lose any remaining credit after the validity period expires.

 

Restrictions

  • You cannot use the Ayatel Calling Services for calling premium rate numbers or some non-geographic numbers, for example 090 or some high cost numbers as defined by terminating partner.
  • We discourage the use of the Ayatel App to make calls to Emergency Services.

 

Access

  • Subject to your compliance with these terms and conditions, Ayatel hereby grants you permission to use the Ayatel Calling Services, provided that: (i) your use of the service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the service, or in any other manner inconsistent with these terms and conditions; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the service in any medium without Ayatel’s prior written authorisation; (iii) you will not attempt to reverse engineer, alter or modify any part of the service; and (iv) you will otherwise comply with the terms and conditions.
  • In order to access and use the features of the Ayatel Calling Services you acknowledge and agree that you will have to provide Ayatel with your mobile phone number. You expressly acknowledge and agree that in order to provide Ayatel Calling Services, Ayatel may periodically access your contact list and/or address book on your mobile device to find and keep track of phone numbers of other users of the Ayatel Calling Services which will be securely stored on a third party server. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Ayatel to access your contact list and/or address book for phone numbers to enhance the Ayatel Calling Services.
  • You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, Xcode Automator, mswebstress, httpload, blitz, Android Monkey, etc. that accesses the Ayatel Calling Services in a manner that sends more request messages to the Ayatel servers in a given period of time than a human can reasonably produce in the same period by using a Ayatel application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Ayatel grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ayatel reserves the right to revoke these exceptions either generally or in specific cases. While Ayatel don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, Ayatel do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Ayatel clients. Ayatel have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Ayatel Calling Services, nor to use the communication systems provided by the Ayatel Calling Services for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Ayatel Calling Services.

 

Availability of Services

  • When Ayatel provides you with the Ayatel Calling Services, Ayatel will use the reasonable skill and care of a competent service provider, but Ayatel cannot guarantee that the Ayatel Calling Services will always be fault-free. Some things will be out of our control, for example, Ayatel Calling and Messaging Services are dependent on the network operator which you use to access the Ayatel Calling Services.
  • Your access to the Ayatel Calling Services may be occasionally suspended to allow for repairs, maintenance or the introduction of new facilities or services. Your access may also be suspended if Ayatel are required to restrict it following instruction from the government, the emergency services or any other competent or lawful authority. In these circumstances, Ayatel will attempt to restore the service to you as soon as Ayatel reasonably can. If there is an unusual use of the Ayatel Calling Services, for example, significantly increased traffic indicating fraudulent use, Ayatel may temporarily suspend your use of the Ayatel Calling Services to prevent you from incurring excessive or unwanted charges.
  • You acknowledge and agree that in order to use the App, you require an active connection to the internet and if you fail to have an internet connection you will be unable to use the App to make calls and/or send messages. This is at your own risk and potential additional costs may be chargeable by your network provider.
  • When using a Wi-Fi connection, your call may be affected by the speed and quality of the Wi-Fi connection at your location.
  • You acknowledge and agree that by calling from Ayatel’s local access number you agree to pay the costs of your mobile services provider.
  • By installing the App on your phone, you consent to us checking your version of the App, and where applicable, pushing updates of the App to your phone. However, Ayatel have no obligation to make available any such updates and reserve the right to require you to download and install updated versions of the App as a condition of continuing to use Ayatel Calling and Messaging Services.
  • Ayatel reserves all rights to remove any functionality and services at any time within the App without prior notice.

 

Our Responsibility to You

  • Nothing in this paragraph shall limit or affect our liability resulting from anything Ayatel provide to you being found to be unsafe or if something Ayatel do negligently causes death or personal injury.
  • Subject to the above paragraph, if Ayatel are in breach of these terms and conditions, Ayatel will only be responsible for any losses that you suffer as a result and to the extent that they are a directly foreseeable consequence to both of us at the time you register to the Ayatel Calling Services. Ayatel do not assume any liability for content received from calls made or received by you using the Ayatel Calling Services.
  • You acknowledge that Ayatel are not responsible for providing or maintaining the equipment that you use to access the Ayatel Calling Services or the national or international telecommunications networks which your calls travel across.
  • The App may contain links to other sites which are outside our control and not covered by these terms and conditions. Ayatel are not responsible for the content of those sites nor the use of any personal information you submit to those sites.
  • The App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the App complies with relevant laws and codes. Ayatel will not be responsible for any error or inaccuracy in advertising and sponsorship material.

 

Your Responsibility to Us

  • You must not use the Ayatel Calling Services for any unlawful or fraudulent purpose, to make any communication which is, or is intended to be, malicious, fraudulent or hoax, including to the emergency services, or in any way which may damage or affect the operation of the Ayatel Calling Services or any other telecommunications system.
  • If you do not comply with this paragraph 8, the Ayatel Calling Services may be suspended indefinitely and you may be liable to compensate us for all liabilities, claims, damages, losses and costs, including legal costs, which Ayatel may suffer as a result.

 

Intellectual Property

  • All intellectual property, such as any applicable patents, copyright and designs incorporated into the provision of Ayatel Calling and Messaging Services, including the App, and the trademarks, service marks and logos contained therein, are owned by or licensed to us. No licence, other than for the purposed of your personal consumer use of the Ayatel Calling Services, is granted to you in these terms and conditions to use any trade mark of Ayatel or its affiliated companies.

 

Personal Information

  • If you provide personal information to us through using the Ayatel Calling Services, Ayatel will not share it with anyone outside the Ayatel or sister companies for marketing purposes.
  • Ayatel will never disclose your information to anyone outside Ayatel and the Ayatel sister companies, except where Ayatel have your consent, where Ayatel are required or permitted to do so by law or, to other companies who provide a service to us.

 

Marketing and Research

  • By using Ayatel Calling Services, you agree that Ayatel may contact you, including via push notifications through the App:
    • with offers and information about our products and services, including the Ayatel Calling Services;
    • with offers and information about our sister company products or services which Ayatel consider are relevant to you;
    • for customer research purposes, for example to help us improve our services; and
    • with service notices regarding Ayatel Calling Services.
  • You can choose to opt out of receiving marketing information from us which might prevent you from receiving great offers or promotions that may be exclusively available to you.
  • While you are unable to opt-out of receiving Service Messages, you may opt out of receiving marketing messages by emailing us at help@Ayatel.com.

 

General

  • If you allow another person to use your Ayatel Calling Services they will be subject to these terms and conditions. Ayatel may transfer our rights under these terms and conditions to another business where Ayatel reasonably believe your rights will not be affected.
  • By using the Ayatel Calling Services, you represent to us that you are fully able and competent to enter into and abide by these terms and conditions.
  • If you breach these terms and conditions and Ayatel choose to ignore this, Ayatel will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms and conditions.
  • Ayatel shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control.
  • These terms and conditions are subject to Lithuanian law. Ayatel will try to solve any disagreements quickly and efficiently. If you are not happy with the way Ayatel deal with any disagreement and you want to take court proceedings, you must do so in Vilnius, Lithuania.
  • These terms and conditions shall constitute the entire agreement between you and us regarding use of the Ayatel Calling and Messaging Services. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
  • Ayatel may modify these terms and conditions at any time without notice to you and it is your responsibility to review these terms and conditions for any changes. Your continued use of the Ayatel Calling and Messaging Services following any amendment of these terms and conditions will signify your assent to and acceptance of its revised terms.

 

Warranty Disclaimer

  • You agree that your use of the Ayatel calling and messaging services shall be at your sole risk. To the fullest extent permitted by law, Ayatel, it’s officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Ayatel makes no warranties or representations about the accuracy or completeness of the Ayatel calling and messaging services’ content and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (c) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our service, (d) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Ayatel calling services. Ayatel does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Ayatel calling and messaging services or any hyperlinked website or featured in any user status submission or other advertising, and Ayatel will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. And again, use this just for fun.

 

Limitation of Liability

  • In no event shall Ayatel, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Ayatel client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms and conditions or Privacy Policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  • You specifically acknowledge that Ayatel shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

Indemnity

  • You agree to defend, indemnify and hold harmless Ayatel, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor’s fees) arising from: (i) your use of and access to the Ayatel Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defence and indemnification obligation will survive these terms and conditions and your use of the Ayatel Service.

Ability to Accept Terms of Service

  • You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Ayatel Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Ayatel Service.

Customer Services and Complaints

If you have any queries, please email us at help@ayatel.com or call us on +37052555078 (voicemail) , or write to us at :

 

Ayatel, UAB DEFINE LT

Baltasiskes street 67

Druskininkai

LT-66371

Lithuania

 

help@ayatel.com

Last updated: June 2020