Terms of Service

SERVICE

a. ACCEPTANCE OF TERMS:

Iris Global Networks reserves the right to change, modify, update prices (Price Plans, Features, special numbers, etc.) add or remove portions of the Terms of Service at any time without direct notification to subscribers.

The Customer must check these Terms of Service for changes. The Customer’s continued use of this website and of the Iris Global Networks service following the posting of changes to the Terms of Service will be considered an acceptance of those changes.

b. TERM:

Service is offered on a month to month basis or under a fixed service term. Monthly fees are pro-rated based on the specific sign up date during the activation month.

Customers may benefit from special promotions upon retaining Iris Global Networks services for a fixed term, as listed on the official website (www.irisglobal.co). Iris Global Networks shall deem the entire cost of providing hardware and/or service discounts covered, upon Customer’s fulfillment of the agreed service period.

Subsequent terms of this Agreement will be renewed automatically on a month to month basis.

Customer is responsible for all the service fees up to date of termination, including but not limited to unbilled charges, plus a termination fee, if applicable; all of which become due and payable immediately once the Customer provides notice.

It is also the Customer’s sole responsibility to verify and review their monthly invoices and periodically check-in on the status of their account. If the Customer notices any discrepancies, the Customer is responsible to immediately notify Iris Global Networks of any required changes.

GRACE PERIOD

For cancellation of service within the initial thirty (30) days from the activation date (“Grace Period”), responsibility for the monthly charges and an early termination fee, if applicable, shall be waived.

The Customer will continue to be liable for non-recurring charges and usage charges incurred during the Grace Period, which shall be become due and payable immediately once the service is terminated.

c. COMMERCIAL USE OF SERVICE AND DEVICE:

Iris Global Networks services and devices are provided for use by the Customer. The Customer cannot resell or transfer Iris Global Networks’ services or devices to any other person for any purpose, without the express and written permission of Iris Global Networks in advance.

d. LAWFUL USE OF IRIS GLOBAL NETWORKS’ SERVICES AND DEVICES:

The Customer agrees to use Iris Global Networks’ services and devices solely for lawful purposes. Iris Global Networks’ services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.

Iris Global Networks reserves the right to terminate service immediately and without advance notice if the Customer violates the above restrictions. Upon such occurrence, the Customer will be responsible for all the service charges up to date of termination, including unbilled charges, plus a termination fee if applicable; all of which become due and payable immediately once the service is terminated.

e. THEFT OF SERVICE:

The Customer agrees to notify Iris Global Networks immediately, in writing or by calling the Iris Global Networks Customer Care Team, if any Iris Global Networks device is stolen or if the Customer becomes aware that his or her service is being stolen or used fraudulently.

When contacting Iris Global Networks, the Customer must provide the Iris Global Networks Account Number and a detailed description of the circumstances of the said Iris Global Networks device theft or fraudulent use of Iris Global Networks services. Failure to do so in a timely manner may result in the termination of the Customer’s service and additional charges. Please note that it is the Customer’s responsibility to secure any credentials provided to them by Iris Global Networks.

f. REGULAR USAGE:

Customers must note that any service and/or devices are provided solely for regular residential or commercial use.

The Customer shall not resell or transfer the service or a device to another party without prior written consent from Iris Global Networks.

We reserve the right to immediately terminate or modify a Customer’s service if we determine that the use of the service or the device is, or at any time was, inconsistent with regular residential usage patterns.

In addition, the Customer will be required to pay the Iris Global Networks standard rates for the entire period in which the use of the service or the device was inconsistent with regular residential or commercial use.

g. PROMOTIONAL PACKAGES:

On occasion, Iris Global Networks may offer service promotional packages (“Promotions”). The duration and terms of the Promotions may vary according to the specifications described in the promotional literature or on the website.

30 days promotions are subject to conditions.

h. PROPRIETARY RIGHTS:

The Customer acknowledges and agrees that all content available on the Iris Global Networks website is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

Except as expressly authorized by Iris Global Networks, the Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

Notwithstanding the above, the Customer may print or download one copy of the materials or content on this website on a single computer for personal, non-commercial use, provided that the Customer keeps intact all copyright and other proprietary notices.

Systematic retrieval of data or other content from the Iris Global Networks website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Iris Global Networks is strictly prohibited. In addition, any use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Notwithstanding anything to the above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Iris Global Networks website is strictly prohibited unless the Customer has obtained prior written approval from Iris Global Networks.

SERVICE LIMITATIONS

a. BROADBAND SERVICE OUTAGE

The Customer acknowledges and understands that service outages caused by his/her Broadband Internet Service Provider will prevent Iris Global Networks services.

b. LOSS OF SERVICE DUE TO POWER FAILURE

The Customer acknowledges and understands that the service does not work in the event of power failure and will resume when power is restored. A power failure or disruption may require a reset or reconfiguration of the equipment prior to restoration of the service.

c. SERVICE OUTAGE DUE TO SUSPENSION OF A CUSTOMER’S ACCOUNT

The Customer acknowledges and understands that service outages due to suspension of the account as a result of billing issues will prevent all service elements from operating.

d. OTHER SERVICE OUTAGES

The Customer acknowledges and understands that if there is an outage occurrence, for any reason; such outage may cause an interruption in all services.

CHANGES TO THIS AGREEMENT

As technologies and services progress, we may change the terms of this Agreement after providing a [14] days advance notice. We provide notices by:

i. Posting to the “Service Announcements” section of our website;

ii. Electronic mail directed to the email address provided by Customer upon sign-up for services, or to the current email address if a change notification was received

The Customer is responsible for notifying us of any changes in his/her email address by contacting the Customer Care Team at info@irisglobal.co.

Otherwise, we will continue to use the Customer’s previous e-mail address until a notice of change has been provided by Customer

CHARGES / PAYMENT / DEFAULT / TAXES / TERMINATION

a. INVOICING:

Iris Global Networks will provide monthly invoices stating the recurring and non-recurring fees for the upcoming month within three (3) days of the end of each calendar month. Invoices are due and payable within fourteen (14) days of the invoice date.

The Customer is responsible to Iris Global Networks for payment of all the service charges and/or the equipment supplied to them.

Iris Global Networks’ “Carrier” Services are invoiced in United States dollars.

Any amounts not paid by the due date will accrue interest at a rate up to a maximum of thirty-five percent (35%) per annum, or the maximum rate permitted by applicable law, if lower. Interest will be compounded daily from the day immediately following the due date until such amounts are paid in full.

A charge disputed by the Customer in good faith shall not be considered past due unless Iris Global Networks has reasonable grounds to believe that the sole purpose of the dispute is to evade or avoid payment.

Unless there has been a deception with regard to a charge, the Customer is not responsible for paying a previously unbilled or under billed charge except where:

1. A recurring charge is correctly billed within a period of one year from the date it was incurred

2. A non-recurring charge is correctly billed within a period of 180 days from the date it was incurred.

In the case of a recurring charge that should not have been billed or was over billed, the Customer will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law.

However, if the Customer does not dispute the charge within 60 days of the date of an itemized statement, Iris Global Networks will not credit such charge for the period prior to that statement.

Non-recurring charges that should not have been billed or that were over billed will be credited, provided that the Customer disputes such charges within seven (7) days of receiving their credit card statement.

b. BILLING DISPUTES:

The Customer must notify Iris Global Networks in writing within seven (7) days after receiving their credit card statement if there is dispute of any charges or such dispute will be deemed waived. Billing disputes should be reported to the following address:

Iris Global Networks Customer Care Team

1080 NW 163rd Drive, Miami FL 33169, United States

or by email to info@irisglobal.co

c. PAYMENT:

Iris Global Networks accepts the following payment methods:

• Pre-authorized credit card withdrawals (credit card is accepted in United States dollars)
• Pre-authorized checking account withdrawals
• Online/Telephone Banking
• Cheques

PRE-AUTHORIZED PAYMENTS

After having submitted a credit card or bank account information with the express request to be used for pre-authorized payments, the Customer’s initial use of services authorizes Iris Global Networks to process the information provided for the due charges. The Customer must notify Iris Global Networks of any changes in payment information, and is responsible for the charges that accrue during any billing cycle.

The authorization shall remain valid for 30 days after Iris Global Networks receives written notice requesting termination of pre-authorized payments. Iris Global Networks may terminate service at any time in its sole discretion, if any charge to the Customer’s credit card or bank account on file with Iris Global Networks is declined and/or in the case of any other non-payment of account charges.

In the case of termination of service for non-payment, including but not limited to a declined credit card or bank account withdrawal, the Customer is fully liable to Iris Global Networks for all charges accrued to date of termination; as well as for charges incurred by Iris Global Networks owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.

PRE-AUTHORIZED BILLING FORM

By accepting services from Iris Global Networks, the Customer hereby authorizes Iris Global Networks to charge the Customer’s credit card account and/or bank account on an ongoing basis for any amounts owing. The Customer understands that this authorization is valid for as long as the Customer is an Iris Global Networks subscriber, unless the Customer provides written notice of termination to Iris Global Networks. The Customer also agrees to contact Iris Global Networks if there are any changes to the Customer’s credit card or bank account information.

d. CONSENT TO CREDIT VERIFICATION:

By agreeing to Iris Global Networks’ Terms of Service the Customer hereby declares that all the information provided to Iris Global Networks is true, complete and correct to the best of the Customer’s knowledge. The Customer understands that this information may be used by Iris Global Networks to determine the Customer’s creditworthiness in order to assess the Customer’s ability to meet financial obligations. The Customer authorizes Iris Global Networks and its agents or assigns to:

i. Request and obtain personal information on an ongoing basis from the Credit Bureaus;

ii. Exchange personal information on an ongoing basis with the Credit Bureaus in order to protect the Customer, to ensure the completeness of the information and to maintain the integrity of the credit granting system;

iii. Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to protect the Customer and Iris Global Networks from fraudulent transactions;

iv. Disclose the Customer’s personal information where necessary to protect the interests of the Customer and Iris Global Networks;

v. The Customer agrees that Iris Global Networks may conduct a pre-authorization on the Customer’s credit card, in order to determine the Customer’s credit-worthiness, which will imply blocking an amount at least equal to the first invoice. The amount will be released in 48 hours (Note: certain banks release the amount upon Customer’s request);

vi. The Customer acknowledges that, following the outcome of the credit verification process, Iris Global Networks may request a security deposit as the primary condition for providing the service. Upon a written request by the Customer and subject to the Customer maintaining a minimum of 6 consecutive months of positive payment history, Iris Global Networks may return the security deposit by assigning a credit to Customer’s account.

If the chosen payment method is pre-authorized monthly chequing account withdrawals, the Customer is required to provide Iris Global Networks with a copy of a void cheque. The Customer may send a scanned copy by e-mail to info@irisglobal.co to the attention of the Customer Care Team. This is required as a means to verify the account details and to meet auditor requirements to maintain a copy of the banking details (void cheque) in the Customer files.

e. TERMINATION/DISCONTINUANCE OF SERVICE

Iris Global Networks reserves the right to discontinue providing services generally, or to terminate the Customer’s service at any time, at its sole discretion, upon Customer’s breach of any of the terms herein. Iris Global Networks also reserves the right to terminate the Customer’s service for no stated reason; however, upon such occurrence, Customer shall only be liable for the service fees charged by Iris Global Networks until the date of termination.

Upon termination of service for any stated reason, the Customer will be responsible for the charges accrued through the date of termination, including without limitation unbilled charges and a termination fee, if applicable; all of which shall immediately become due and payable.

In addition to Iris Global Networks’ right to terminate the Customer’s services, Iris Global Networks may restrict, block, suspend or terminate any or all services or accounts, without prior notice to the Customer, if:

i. Customer is in breach of the Agreement, including non-payment of due charges or non-compliance with any Policies;

ii. Customer does not maintain service usage within the prescribed Credit Limit;

iii. Customer exceeds reasonable usage limits, as determined by Iris Global Networks;

iv. Customer has given Iris Global Networks false, misleading or outdated information;

v. Iris Global Networks reasonably suspects or determines that any of the Customer’s account, identifiers or services are subject to fraudulent, unlawful or improper usage or usage that adversely affects Iris Global Networks’ operations or the use of Iris Global Networks’ services, facilities or networks by others;

vi. Customer harasses, threaten or abuses Iris Global Networks or its employees or agents;

vii. Customer fraudulently or repeatedly or improperly seeks to avoid payment to Iris Global Networks;

viii. Iris Global Networks needs to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the services, its facilities or networks;

ix. Any account or service on which the Customer’s services depend is terminated for any reason;

x. Iris Global Networks reasonably believes that there is an emergency or extreme circumstance that would warrant such action.

Upon the termination of a Service Agreement, the Customer will remain responsible for payment of all charges accrued throughout the effective date of termination, as well as applicable termination fees or purchase fees.

For termination of service prior to the completion of a fixed term agreement, Customer will be charged an Early Termination Fee (“ETF”). The ETF is subject to such service or hardware discount received by Customer for entering the Agreement; based on the length of the Agreement and the economic gain for the agreed period. Iris Global Networks shall deem the entire cost of providing discounted services and/or hardware covered, upon Customer’s fulfillment of said period.

f. TAXES:

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Iris Global Networks as a result of providing Iris Global Networks’ services or a device will be billed to the Customer’s account. If a Customer is exempt from payment of such taxes, then that Customer will provide Iris Global Networks with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Iris Global Networks receives the tax-exempt document.

LIMITATIONS

1. Limitation of Liability

Iris Global Networks shall not be liable for any failure to provide its services caused by any of the following

i. Act or omission of an underlying carrier;

ii. Equipment, network or facility failure;

iii. Equipment, network or facility upgrade or modification;

iv. Force majeure events such as (but not limited to) acts of god, strikes, fire, war, riot, government actions;

v. Equipment, network or facility shortage;

vi. Equipment or facility relocation;

vii. Any other cause that is beyond Iris Global Networks’ control.

Iris Global Networks’ liability for any failure or mistake shall in no event exceed service charges on account of the affected time period. Iris Global Networks is not liable for incidental or consequential damages of any type.

UNDER NO CIRCUMSTANCES SHALL IRIS GLOBAL NETWORKS, ITS PARENTS, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IRIS GLOBAL NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IRIS GLOBAL NETWORKS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

2. Indemnification

The Customer shall defend, indemnify and hold harmless Iris Global Networks, its officers, directors, employees, affiliates and agents from and against all damages, liabilities, obligations, losses, injuries, claims, demands, penalties, costs and expenses (including reasonable legal fees and disbursements) arising from any and all claims by any person based on:

1. the content of any transmissions by the Customer or any permitted user;
2. the use of service by the Customer or any permitted user, including without limitation, prohibited use;
3. the use of facilities, equipment or connections provided by the Customer;
4. the breach by the Customer of any term or condition.

3. No Warranties on Service:

IRIS GLOBAL NETWORKS, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

CONFIDENTIAL INFORMATION

Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by an Iris Global Networks representative to the Customer.

Except as otherwise specified herein, the Customer and Iris Global Networks each expressly undertake to retain in confidence all information transmitted to each other pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.

The Customer and Iris Global Networks shall treat the specifics of their Agreement, including but not limited to pricing, setup, special provisions, as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party’s business.

The receiving party’s obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.

PRIVACY AND NOTICES

PRIVACY

Iris Global Networks is not liable for any lack of privacy which may be experienced by any Customer with regard to its services. Please refer to Iris Global Networks’ Privacy Policy for additional information.

NOTICES

Notices to Customer shall be sent to the email address on file for the Customer at Iris Global Networks’ offices and will be considered given on the date sent out by Iris Global Networks. Please refer to Section 3 of this Agreement regarding a change of e-mail address.

MARKETING COMMUNICATION

Unless you decline to receive communications from Iris Global Networks or withdraw your consent at a later date, you agree that Iris Global Networks may send you communications by any means (including electronically or by phone) to inform you of new offers and promotions. You may contact the Iris Global Networks Customer Care Team to change your communication options or withdraw consent.

IRIS GLOBAL NETWORKS PRIVACY POLICY

Iris Global Networks regards its Customer’s privacy as one of its most important values and believes that its Privacy Policy will give the Customer confidence whenever they use Iris Global Networks services. The following is a summary that outlines how Iris Global Networks collects, uses and discloses personal information

Purposes

Iris Global Networks collects personal information to:

i. Help provide the Customer with better service delivery;

ii. Better manage and operate its own day to day operations;

iii. Understand each Customer’s needs in order to recommend appropriate products or services

iv. Comply with legislative requirements;

v. Prevent fraud and protect Iris Global Networks and its Customers from possible fraudulent actions;

Iris Global Networks will advise the Customer of the reason it collects personal information when or before such information is collected.

Consent

The Customer’s knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so.

Limits

Iris Global Networks will limit its collection of personal information to that which is necessary for the abovementioned purposes. This collection shall only be done by fair and lawful means.

Iris Global Networks will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.

When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer’s information remains safe and secure.

Third parties include Iris Global Networks agents, other communications Service Providers (to enable service delivery outside the United States), Collection Agencies, emergency services and Law Enforcement Agencies.

Personal information shall be retained only as long as necessary for the fulfillment of those purposes.

Accuracy

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

Security

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information. Each and every Iris Global Networks employee must abide by Iris Global Networks’ Privacy Policy.

Only authorized Iris Global Networks employees are permitted access to a Customer’s Personal information and such access is limited by need.

If a Customer calls Iris Global Networks’ Customer Care Team, with a concern or complaint for example, the Representative is allowed to access only the Personal Information that he or she needs to address that concern.

Customer Access

Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her Personal Information and shall be given access to that information.

The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.

Definition: “Personal Information"

Means information about an identifiable individual and includes information about the Customer’s Iris Global Networks service selections.

Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card - including the Customer’s address, telephone number and email address) and is not considered personal information.

DATA PROTECTION

Protecting the security and privacy of personal data is important to Iris Global Networks, therefore, Iris Global Networks conducts its business in compliance with applicable laws on data privacy protection and data security. The purpose of this privacy policy is to outline the personal information handling practices of Iris Global Networks. This policy applies to the use of information to conduct Iris Global Networks business or interact with customers or third parties.

a. PURPOSES OF DATA COLLECTION:

Iris Global Networks collects personal information: (a) as agreed to and outlined in the Customer contract; (b) where applicable, with Customer consent; or (c) for the interest and operations of the business including but not limited for sales, marketing advertisement, promotions, and for advancing business.

Iris Global Networks’ business operations require Iris Global Networks to collect, use, and at times share personal information of various individuals in order to:

i. Help provide the Customer with better service delivery;

ii. Understand each Customer’s needs in order to recommend appropriate products or services

iii. Better manage and operate its own day to day operations;

iv. Comply with legislative requirements;

v. Prevent fraud and protect Iris Global Networks and its Customers from possible fraudulent actions;

vi. Provide marketing, including the development of business transactions, consumer satisfaction, and evaluating, improving and maintaining Iris Global Networks’ operations and consumer services;

vii. Advance its sales purposes, including promotion and product introduction.

b. TYPE OF DATA COLLECTED:

We collect personal data (e.g., names, addresses, telephone numbers, or e-mail addresses) in connection with the operation of our websites only when you have voluntarily provided such data to us (e.g., through registration, contact inquiries, surveys, etc.) and when we are entitled to process or use such data by virtue of permission granted by you or on the basis of a statutory provision.

As a general rule, we use such data only for the purpose for which you divulged the data to us, such as to answer your inquiries, process your orders or service requests, provide an invoice or grant you access to certain information or offerings.

Insofar as you have provided your consent or when we are otherwise legally entitled to do so, we will share your personal data with subsidiaries of Iris Global Networks, where applicable, for the purposes indicated above.

c. WEBSITE:

Iris Global Networks continues to develop and improve its website(s) in order to protect and safeguard confidential and proprietary information, customers, and employees; and, when applicable, third party contractors. At times websites may automatically capture data when the user such as your computer software type, browser identification, operating system, the pages navigated to and the time spent online and other related internet traffic information.

Iris Global Networks collects certain personal information for the purposes set forth in this policy such as names and contact information.

Iris Global Networks may collect personal information from users and its customers. Individuals are not obligated to provide personal information, however Iris Global Networks may not be able to respond or address concerns without such information. Your personal information may be collected directly from you when completing forms; subscribing to Iris Global Networks communication or corresponding with Iris Global Networks by phone, e-mail or otherwise using our contact details.

Our use of your data is limited to this policy and we only use your data as expressly set out. If for any given reason you require the use of your data for alternative purpose not set forth in this policy, we will provide you with prior notice of such use.

d. TRANSFER AND DISCLOSURE OF PRIVACY DATA:

If legally permitted to do so, Iris Global Networks may transfer personal data to courts, law enforcement authorities, regulators or attorneys if necessary, to comply with the law or for the establishment, exercise or defense of legal claims.

Recipients of personal data may possibly be located in countries outside of the European Economic Area, in which applicable laws do not offer the same level of data protection as the laws of the respective individual’s home country. In such cases and unless permitted otherwise by applicable law, IRIS GLOBAL NETWORKS takes measures to implement appropriate and suitable safeguards for the protection of personal data by other means.

e. RETENTION PERIOD:

Unless explicitly indicated otherwise at the time of the collection of Business Partner Contact’s personal data (e.g. within a consent form accepted by Business Partner Contact), we erase personal data if the retention of the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed and no statutory retention obligations under applicable law (such as tax, commercial law, etc.) require us to further retain personal data.

f. SECURING PERSONAL INFORMATION:

Iris Global Networks has established reasonable security measures to be implemented when dealing with privacy data. A security officer, who has been trained and experienced in managing information security, has been designated to be responsible for the overall compliance with these security measures. A security plan documents the various security measures adopted. Please contact the DPO for further questions or details on these security measures.

g. IRIS GLOBAL NETWORKS AS DATA PROCESSOR:

This part of the Policy applies in all cases where Iris Global Networks collects, uses and transfers personal information as a processor on behalf of another Group Member, or on behalf of a third party under a contract evidenced in writing in a situation where the third party will be a controller (referred to as the "Client"). The principal areas in which Iris Global Networks acts as a processor include “Telecom products and services and, their Maintenance Support & Services” for our customers.

• Ensure compliance with the local law;
• Use personal information for a known purpose only and explain to individuals how that information will be used to the extent reasonably possible;
• Keep the personal information accurate and up to date;
• Comply with instructions from a Client, as required under the terms of its contract and notify other Group Members or any third-party sub-processor to whom the personal information has been disclosed;
• Respect and comply with the rights of individuals;
• Put in place appropriate technical and organizational measures to safeguard personal information processed;
• Have appropriately trained staff and support to ensure and oversee privacy compliance.

h. FOR MORE INFORMATION:

IRIS GLOBAL NETWORKS provides support with any data privacy related questions, comments, concerns or complaints or in case a Customer wishes to exercise any of its data privacy related rights as mentioned in the section above.

The responsible Data Protection Officer (DPO) of Iris Global Networks can be contacted at info@irisglobal.co.

RESOLUTION OF DISPUTES

Mandatory Arbitration

Any dispute or claim between a Customer and Iris Global Networks arising out of, or relating to, Iris Global Networks’ services or devices provided by Iris Global Networks in connection with this Agreement shall be resolved by arbitration before a single arbitrator. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.

Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

All claims shall be arbitrated individually and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process.

The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and applicable United States federal law, without regard to any conflict of law provisions.

The Customer and Iris Global Networks agree to submit to the personal and exclusive jurisdiction of the courts located in Miami-Dade County, Florida.

The failure of Iris Global Networks to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Iris Global Networks’ services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

This Agreement and the rates for services found on Iris Global Networks’ website constitute the entire agreement between the Customer and Iris Global Networks and it shall govern the Customer’s use of Iris Global Networks’ services.

This Agreement supersedes any prior agreements between the Customer and Iris Global Networks and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter between the Customer and Iris Global Networks, as regularly updated.

The failure of Iris Global Networks to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.