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Nymgo Terms & Conditions. Fascinating.

Welcome to our website. If you continue to browse and use this website, or download and use NYMGO software or mobile apps, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern NYMGO's relationship with you in relation to www.nymgo.com, NYMGO software and NYMGO mobile apps.

The term "NYMGO" or "us" or "we" refers to the owner of the website, NYMGO software and NYMGO mobile apps whose registered office is

Nymgo is brought to you by:

Splendor Telecom UK Ltd
Suite 328
Linen Hall
162-168 Regent Street
London W1B 5TD
United Kingdom

Registered in United Kingdom
Registration Number: 05720816
VAT Number: 948 1072 16

Telephone: +44 203 3553209
Fax: +44 207 6812632
Email: info@nymgo.com

And

Nymgo S.A.
Suite 14, 3 Rue Thomas Edisson
L-1445 Strassen
Luxembourg

Registered in Luxembourg
Registration Number: B 161 457
VAT Number: LU24906139

Telephone: +352 208 803 65
Fax: +352 24611970
Email: info@nymgo.com

The term "you" refers to the user or viewer of our website.

The use of the website, NYMGO software and NYMGO mobile apps are subject to the following terms of use:

  • 1. The content of the pages of the website, NYMGO software and NYMGO mobile apps are for your general information and use only. They are subject to change without notice.Every Account registered with Nymgo is subject to the following policy in accordance with international accounting standards:
    • A. An account will expire within 6 months in case of inactivity. To keep your account active you need only make one call, send SMS, perform a Calling Credit Transfer, or make a purchase. In case an account is inactive for over 6 months the account will expire and any remaining balance will be removed.
    • B. All monthly country calling packages are valid for only thirty days, starting from the purchase date.
  • 2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website and NYMGO software for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • 3. Your use of any information or materials on the website, NYMGO software and NYMGO mobile apps is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website, NYMGO software and NYMGO mobile apps meet your specific requirements.
  • 4. The website, NYMGO software and NYMGO mobile apps contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance graphics and code. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • 5. All trademarks reproduced in this website, NYMGO software and NYMGO mobile apps, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • 6. Unauthorized use of the website, NYMGO software or NYMGO mobile apps may give to a claim for damages and/or be a criminal offence.
  • 7. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • 8. You can not create a link to this website from another website or document without the prior written consent of Nymgo.

B. Provision and description of the service

  • 1. Nymgo S.A provides its customers with NYMGO exclusively for the private and non-commercial use of consumers.
  • 2. The Service includes only charged calls. Where the calls are chargeable, the Service is only available if the customer has a certain credit level that is enough or more than enough for the charge to be paid.
  • 3. It is pointed out that, because of the nature of the Service, breakdowns and interruptions can occur.
  • 4. In order to protect the interests of the customer against improper use and to ensure consumer protection, Nymgo reserves the right to block personal calls to individual numbers, groups of numbers or certain countries either permanently or temporarily. The customer is solely responsible for taking the necessary precautions against improper use within his own area of responsibility and has no legal right to require Nymgo S.A to take any such precautions against any improper use for which it is not responsible.

C. Conclusion of the Contract and duration: Framework Agreement and individual usage

  • 1. The customer is granted a general right of usage of the services, once the customer applies on the NYMGO web portal in the prescribed manner for the Service.
  • 2. To use NYMGO service the customer will need to purchase credit, entitling him, in the manner of a Framework Agreement, to make use of the services on an individual basis ("Call-by-Call") in accordance with the list of charges applicable to the respective destination and which is listed on the website. The charges incurred in this manner shall then be deducted from the amount of credit purchased.
  • 3. In accordance with current legislation, Nymgo S.A is required to record the customer's name and address and also his password (with fixed connections and address), even if this information is not required for charging purposes. The customer undertakes to give such information truthfully and to update it as necessary. Nymgo undertakes to use this information only for legally prescribed purposes unless the customer has given his agreement for it to be used elsewhere.
  • 4. The customer is not permitted to disclose his access details to third parties.

D. Calls, Charges and Charges calculation

  • 1. Nymgo undertakes to carry out the all calls to the public telephone network for customers. This is only technically possible where a direct or an indirect connection exists with the telephone network to which the required call is to be made.
  • 2. Calls will be routed to standard international networks. No guarantee can be given for a routing to a particular network, as the responsibility of Nymgo S.A is limited to attempting to make connections for outward calls to the target network.
  • 3. The final contract on the routing of each individual call on a "Call by Call" basis shall only come into being when the connection has been successfully made by NYMGO. The individual contract for the call shall end as soon as the call, for whatever reason, is ended.
  • 4. Each individual call shall be chargeable in accordance with the list of prices that is valid as at the time of the call made by the customer and which would be listed on the website. A connection fee also applies as per section D-8
  • 5. Every chargeable call or service shall require the customer to have an appropriate credit balance that is at least sufficient for the call in question. This charge shall be based on the respective list of charges applicable at the time of the call. The charge, or price, for each destination is listed on NYMGO's website. If the customer makes a call he will be declaring that he agrees with the charge, or price, listed and that we are entitled to deduct the charge from his credit balance.
  • 6. Unless otherwise indicated, the prices for chargeable services and calls are always based as a charge per minute and are calculated on a minute by minute basis. The customer shall be responsible for all charges incurred when his access details and password are used. This shall be understood to include unauthorized use by third parties insofar as this use has been made possible in some manner by the customer.
  • 7. All charges shall be deducted from the existing credit balance and the usage data shall be stored. Through NYMGO's website the customer would be able to view his "Call History".
  • 8. Connection fee; Starting June 23, 2016, 2 US cent will be charged as a connection fee on all successful calls. The "Call History" page would show the call rate/minute and the full amount that includes the connection fee.

E. Acquisition and validity of credit

  • 1. The customer can purchase a credit on the NYMGO web platform entitling him to use NYMGO chargeable services at the prices shown on the list of prices applicable at the time. This credit becomes valid once the equivalent value has been paid or transferred by the customer. Payment is to be made in one of the manners shown on the web portal.
  • 2. The requirement for the customer to acquire a credit balance shall last until the customer's payment has been received by Nymgo S.A without any possibility of it being reclaimed by the customer.

F. The right to use NYMGO Software -SOFTWARE LICENSE AGREEMENT

  • 1. License. Nymgo hereby grants to User a non-exclusive, limited license to use the Software as set forth in this Agreement.
  • 2. Restrictions. User shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Nymgo.
  • 3. Warranty of Title. Nymgo hereby represents and warrants to User that Nymgo is the owner of the Software or otherwise has the right to grant to User the rights set forth in this Agreement.
  • 4. Limitation of Liability.Nymgo shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Nymgo was advised of the possibility of such losses in advance.
  • F. The right to use NYMGO Software -SOFTWARE LICENSE AGREEMENT
    • copy the Software except to make archival or backup copies,
    • modify or adapt the Software or merge it into another program,
    • reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
    • place the Software onto a server so that it is accessible via a public network such as the Internet, or
    • Sublicense, rent, lease or lend any portion of the Software.
  • 6. No Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by User without the prior express written approval of Nymgo.
  • 7. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified at any time by Nymgo.
  • 8. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
  • 9. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

G. Obligations of the Customer

  • 1. The customer is obliged to use the Service and the NYMGO Software only for lawful purposes. If it suspects that improper use is being made of the Service and the NYMGO Software, Nymgo S.A shall be entitled to impose an immediate block.
  • 2. If an unauthorized use of his NYMGO Software is suspected, the customer is advised to inform Nymgo S.A immediately by contacting support@nymgo.com. If his suspicions continue, the customer shall be obliged to implement such a block.
  • 3. The customer shall not be permitted to make any improper use of VOIP services or any way that could adversely affect the NYMGO's network or other customers, or the access to or the use of the NYMGO network.
  • 4. Improper use shall include in particular if the customer uses the Service for his own commercial ends or in a manner allowing third parties chargeable access to or the use of the Service or the ability to benefit from commercial offers (resale), without obtaining the prior written consent of Nymgo S.A. In such cases, Nymgo S.A shall be entitled, at its option, to debit the customer for the costs of the improper use of otherwise non-chargeable telephony and/or to terminate the present contract with immediate effect or to withdraw individual functions from the Service.
  • 5. The customer undertakes not to use any equipment or to carry out any applications that could lead to changes in the physical or logical structure of Nymgo S.A systems and/or the networks that these use.
  • 6. The customer undertakes to notify Nymgo S.A on the web portal under his customer portal ("Account Management") of any change of his connection details, including his connection numbers, and also of any changes in his personal details (name, address).
  • 7. In order to guarantee that the Service can be effectively provided, the customer undertakes to download and install all updates made available by Nymgo S.A on NYMGO's web portal where this is reasonable. If the customer neglects to do this, Nymgo S.A shall be entitled to block the Service if the safety, the functioning or the calculation features of the services could be compromised without the installation of the update in question. As a rule, updates of this nature shall be regarded as being reasonable if they do not require any especial input on the part of the customer.

H. Changes in technology, software and passwords

  • Nymgo S.A reserves the right to change the access data, the NYMGO Software whenever this is necessary for operational reasons and where it is reasonable for the customer.

I. Termination of the Service (Framework Agreement) by the customer

  • 1. If the customer has not purchased any credit, he shall be able, without giving any grounds or notice, to terminate his use of the NYMGO Software by notifying Nymgo S.A of his intention either by e-Mail or by letter sent to the latter's address.
  • 2. If the customer has purchased credit, the minimum duration of the present Framework Agreement shall be three months. This minimum period shall re-commence with each fresh purchase of credit. After the expiry of the minimum duration period, the customer shall be entitled to give notification of termination at any time in accordance with the above statement.

J. Termination of the Service (Framework Agreement) by Nymgo S.A

  • 1. If the customer has not purchased any credit, Nymgo S.A shall be able to terminate the present contract at all times. This termination may be notified on the Nymgo S.A web portal or by sending an email to the customer. If the customer has a credit balance, Nymgo S.A shall be able to terminate the present contract at the end of the minimum period of duration
  • 2. Additionally, Nymgo S.A shall be entitled in particular to notify the customer of an extraordinary termination of the present contract if a chargeback is received on the customer payments.
  • 3. Regardless of the grounds for the termination of the present contract, the customer shall remain liable for all charges, costs and interest that he has incurred as a result of his use of the Service.

K. Warranty

  • 1. As the customer has been provided with the NYMGO Software free of charge, Nymgo S.A 's guarantee in respect of the NYMGO Software is limited to material and legal defects and to the willful concealment of such material and legal defects.
  • 2. With regard to the telephone service, within the framework of the restrictions deriving from the nature of the Service Nymgo S.A guarantees the best availability of the service and, in the event of breakdowns, that these will be rectified as quickly as possible.

L. General Rights of Nymgo S.A and an improper use of the Services

  • 1. Nymgo S.A reserves the right a) in response to an order from a regulatory authority to suspend the Service with immediate effect; b) to suspend the Service temporarily for reasons of repair or maintenance or other such work to the installations relating to the delivery of the Service being carried out to ensure the effective or the improved operation of the Service. Nymgo S.A undertakes to make every effort to remedy any disruptions to the service or to take steps to ensure that these are remedied.
  • 2. Where necessary, Nymgo S.A may take, process and use personal and call data that may be necessary in order to detect and remedy any deterioration of performance or any other improper use of the telecommunication services.

M. Telephone secrecy and data protection

  • 1. Nymgo S.A guarantees telephone secrecy and data. A summary of the protection that is afforded is given below:
  • 2. Nymgo S.A may record, process and use the customer's personal data as necessary in order to enter into or to modify a contract for the delivery of telecommunication services including the design of these with the customer (personal data). Personal data may also be processed and used by Nymgo S.A where this is necessary for the purposes of contacting the customer, for publicity and for internal market research purposes and also for the required design of the telecommunications services by Nymgo S.A if the customer has given his agreement. Call data, and in particular the number of the caller and the called party, personal passwords, NYMGO Software , location passwords for mobile connections, the start and finish of calls together with any other services required may be recorded, processed and used by Nymgo S.A within the framework of current legislation. Nymgo S.A may store and transmit call data to the extent that this may be necessary for Nymgo S.A calculations with other companies or telecommunication network operators.

N. Applicable law, place of jurisdiction

  • 1. In the event of one or more of the terms of the present conditions being or becoming invalid, the validity of the remaining terms shall not be affected. The invalid term is to be rephrased in such a way that the original purpose, provided that this is lawful, is still achieved. If this is not possible, the invalid term is to be replaced by another term that comes as close as possible to the original intention of the contract.
  • 2. The law to be applied shall be that of the United Kingdom. The place of jurisdiction shall be the customer's domicile.

O. Refund Policy

  • For Nymgo credit refund requests please contact support@nymgo.com
  • No refunds shall be given for Nymgo credit acquired through calling credit transfer from other Nymgo users, or promotional amounts given by Nymgo, or credit added by Nymgo administrators.
  • Nymgo will refund you the credit balance of your account, where you have used less than one dollar ($1) of your Nymgo Credit.
  • Refunds shall be paid to the person who initially purchased the credit either through the original payment method used or any other suitable method.
  • Repetitive refund requests from the same user would be refused.
  • Nymgo reserves the right to change the refund policy without any prior notice.

P. Fair Use Policy

  • I. Summary
    • 1. It is important to NYMGO that all eligible NYMGO customers are able to access our Services. All promotions which are advertised by NYMGO as subject to the Fair Use Policy ("Fair Use Promotions").
    • 2. We reserve the right to vary the terms of the Fair Use Policy from time to time.
    • 3. Participation in a Fair Use Promotion is excessive or unreasonable, as defined below.
  • II. Excessive Use
    • In the case of Fair Use Promotions, what is excessive use will either be advertised by NYMGO at the time of the relevant promotion or included in this Fair Use Policy prior to the commencement of the relevant promotion.
  • III. Unreasonable Use
    • 1. It is unreasonable use of NYMGO Services where your use of NYMGO Services is reasonably considered by NYMGO to be fraudulent or to adversely affect the NYMGO Network or other NYMGO customers' use of or access to a NYMGO Service or the NYMGO Network.
    • 2. It is unreasonable use of a Fair Use Promotion where your participation in a Fair Use Promotion is reasonably considered by NYMGO to be fraudulent or to adversely affect the NYMGO network or another NYMGO customer's use of or access to a NYMGO service or the NYMGO network.
    • 3. Among other things, "fraudulent use" includes resupplying a NYMGO Service without NYMGO's consent so that someone else may access or use NYMGO or take advantage of a Fair Use Promotion.

Q. Our rights

  • 1. NYMGO may change the calling prices at any time and without prior notice by publishing the new prices online.
  • 2. NYMGO reserves the right to change this Agreement at any time by publishing the revised Agreement on the NYMGO's Website.
  • 3. The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

Nymgo S.A.
Suite 14, 3 Rue Thomas Edisson
L-1445 Strassen
Luxembourg

Registered in Luxembourg
Registration Number: B 161 457
VAT Number: LU24906139

Telephone: +352 20880365
Fax: +352 24611970
Email: info@nymgo.com
© NYMGO - Last revised: March 14 2012