1. Scope

1.1 These Telecom Specific Terms apply to the telecommunications services that ON DIVERSITY CLOUD EUROPE, S.L. ("DIVERSITY") provides under an Order Form: CloudPBX, SIP trunking, telephone numbers (assignment, porting, caller identification and emergency calls), A2P messaging, and fibre and mobile lines.

1.2 These Specific Terms supplement the General Terms (/general-terms/), including Section 6.3 on telecommunications and Section 21 on the rights of small businesses, and the Acceptable Use Policy (/acceptable-use-policy/), whose Section 5 sets out the rules of conduct for these services. They do not repeat what those documents settle. In particular, fees, invoicing and late payment (General Terms, Section 7), suspension (Section 8), personal data (Section 9 and the DPA), confidentiality (Section 10), liability (Section 14), notices (Section 18), and governing law and courts (Section 23) apply as written there.

1.3 Where these Specific Terms depart from the General Terms, they say so and prevail, as Section 3.2 of the General Terms provides. Capitalised terms not defined here have the meaning given in the General Terms.

2. Definitions

  • "Number": a telephone number that DIVERSITY assigns to the Customer or ports in for it.
  • "Porting In": moving a number from another operator to DIVERSITY. "Porting Out": moving a Number from DIVERSITY to another operator.
  • "Handoff Point": the point where DIVERSITY's service meets the Customer's network, line or devices.
  • "Sender ID": the number or alphanumeric name shown as the sender of a message.

3. Description of the service

3.1 CloudPBX and SIP trunking. CloudPBX and SIP trunking run on DIVERSITY's own platform in its own data centres.

(a) Signalling uses SIP over TLS on every endpoint.

(b) Media on the trunks to other carriers is encrypted with SRTP, with keys exchanged by SDES. DIVERSITY does not provide end-to-end encryption of calls.

(c) Call audio always passes through DIVERSITY's platform.

(d) CloudPBX includes call recording, call records (including missed calls), queues, interactive voice response menus and voicemail. Conference rooms are available on request.

(e) CloudPBX runs as one platform. A separate PBX per site, voice redundancy and failover are not offered.

3.2 Numbers. DIVERSITY provides numbers in 94 countries. The types available (local, national, mobile, toll-free and shared-cost) vary by country. UIFN numbers are also available.

(a) Numbers are assigned to the Customer for its use. The Customer does not own them. A regulator, such as the Comisión Nacional de los Mercados y la Competencia (CNMC) in Spain, may require a Number to be changed or withdrawn. DIVERSITY will tell the Customer as soon as it learns of such a requirement.

(b) Some Numbers cannot be reached from abroad.

(c) The Customer may present a caller identification other than the Number that makes the call only if it gives DIVERSITY proof that it is entitled to use that number.

3.3 Porting In.

(a) Porting In is available in 41 countries and for UIFN numbers. It takes from 2 to 35 days, depending on the country.

(b) Each country has its own requirements, which may include proof of identity, company registration, a signed letter of authorisation, proof of address and a VAT number. Some countries allow porting for businesses only.

(c) The date of a port depends on the operator the number is leaving, and DIVERSITY cannot guarantee it.

(d) Porting a number may end other services tied to the line it leaves. The Customer must check this before asking for the port.

(e) Porting In may carry a fee, which depends on the country and the type of number. Any such fee is set out in the Order Form or quoted for each request. Porting Out carries no fee (Section 3.4).

3.4 Porting Out. The Customer may port its Numbers out to another operator. DIVERSITY charges no fee for Porting Out.

3.5 Emergency calls. Calls to emergency numbers, including 112, are connected on every Number, unless the Customer asks DIVERSITY in writing to turn them off for a Number. Emergency calls are routed according to the address registered for the Number. A call made from another location may not reach the right emergency centre or give the right location. The Customer must keep the registered address of each Number up to date (Acceptable Use Policy, Section 5(f)), and must tell its users whether emergency calls are available and of this limit. DIVERSITY recommends a fixed or mobile line for emergency calls.

3.6 Call recording. The Customer decides which calls are recorded and is responsible for informing the parties and obtaining any consent that the law requires before recording.

3.7 A2P messaging.

(a) DIVERSITY provides A2P SMS in 53 countries, by SMPP, HTTP or email.

(b) The HTTP API accepts up to 10 requests per second. SMPP is the connection for higher volumes.

(c) A2P messages must be sent from a registered Sender ID where registration is required. Where the Order Form includes a short code, its registration can take up to a month.

(d) A message longer than one SMS is sent in parts, and each part is billed as one SMS.

(e) Replies asking to opt out, such as STOP, reach the Customer as inbound messages. DIVERSITY does not suppress the sender's number. Handling opt-out requests is the Customer's responsibility (Acceptable Use Policy, Section 5).

(f) DIVERSITY delivers messages to the destination networks. Delivery to the recipient's device depends on those networks.

3.8 Fibre and mobile lines. DIVERSITY provides mobile lines (4G and 5G), M2M connectivity and FTTH fibre lines with static IP addresses, delivered with a partner network (General Terms, Section 19.2). Availability depends on coverage at each address, and the Order Form states the lines ordered.

4. Ordering and provisioning

The Order Form states the services, Numbers and lines ordered. Porting times are those in Section 3.3. Other lead times are stated in the Order Form.

5. Service levels and support

5.1 The 99.9% availability commitment (General Terms, Section 5.2) applies to the Telecom services up to the Handoff Point. The Customer's own network, internet line, devices and PBX are outside it.

5.2 Support is provided under the Support Specific Terms (/contracts/support/).

6. The Customer's obligations

6.1 The Customer must comply with Section 6.3 of the General Terms and Section 5 of the Acceptable Use Policy, and must give DIVERSITY accurate identification and address data for each Number where the law requires it.

6.2 The Customer must keep its SIP credentials, its devices and its PBX secure (Acceptable Use Policy, Section 9). Calls and messages made with the Customer's credentials are billed to the Customer, unless they result from a fault in DIVERSITY's own platform.

7. Data

7.1 The Telecom services are electronic communications services under Spanish Law 11/2022 of 28 June, General Telecommunications Law, and not data processing services under the Data Act (Data Act page, /data-act/, Section 2). Section 17 of the General Terms therefore does not apply to them. Number portability follows Law 11/2022 and Section 3.4.

7.2 Call recordings and call records are stored on DIVERSITY's platform in its data centres.

7.3 The Customer may download its call recordings and call records at any time during the term and for 30 days after the Agreement for the Telecom services ends. DIVERSITY then deletes them, unless the law requires it to keep them.

8. Term, renewal and termination

8.1 Minimum term. CloudPBX, SIP trunking, Numbers and A2P messaging have a minimum term of one month. Fibre and mobile lines have a minimum term of 12 months. The minimum term runs from the date the service is made available.

8.2 After the minimum term. After the minimum term, each service continues from month to month. Either party may end it by written notice, with effect from the end of the monthly period in which the notice is given. This replaces the renewal and notice rule in Section 16.1 of the General Terms.

8.3 For Customers that are microenterprises, small enterprises or non-profit organisations, the rights in Section 21 of the General Terms apply.

9. Billing specifics

Calls, messages, concurrent call channels and porting are billed as the Order Form sets out, including the rule on multi-part messages in Section 3.7(d). The number of concurrent channels is the one the Customer orders. Prices appear only in the Order Form.

10. End of service

To keep a Number after the Agreement for it ends, the Customer must ask for it to be ported out. DIVERSITY holds each Number for 30 days after the Agreement for it ends, or for any longer period the law requires, and the Customer may still ask for it to be ported out during that time. After that period, the Number is released and can no longer be used by the Customer.

11. Exclusions

Unless the Order Form provides otherwise, the Telecom services do not include:

(a) end-to-end encryption of calls;

(b) a PBX per site, voice redundancy or failover;

(c) a guaranteed porting date;

(d) free Porting In as a contractual right;

(e) handling of opt-out requests on the Customer's behalf.