Terms and Conditions for Use
This agreement ("Agreement") is between Pangea Systems, LLC. dba VOIP2320 ("we," "us" or "VOIP2320") and the user ("you," "user" or "Customer") of VOIP2320's Business (Business Plan) communications services and any related services ("Service"). This Agreement governs both the Service and any devices, such as a VOIP2320 Phone Adapter, VOIP2320 Router, Switches & Phone Adapter, VOIP2320 WiFi Phone, VOIP2320 Multiline IP Phone, or any other IP connection device provided by VOIP2320 for use in conjunction with the Service ("Device" or "Equipment"). BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS AND YOU ACKNOWLEDGE THAT VOIP2320 WOULD NOT AGREE TO PROVIDE THE SERVICES OR EQUIPMENT WITHOUT THAT ASSENT. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT ACCESS YOUR ACCOUNTS' BACK OFFICE, USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING VOIP2320 VIA E-MAIL AT billing@voip2320.com AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.
1. SERVICE
1.1 Term
Service is offered on a contract or on a monthly basis for a term which begins on the 1st of the month and ends on the last day of the month. Payment is always due on the 1st of each month. If not on contract then subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give VOIP2320 written e-mail notice only to billing@voip2320.com requesting canceling services 60 days in advance of next billing cycle, which is on the 1st of the month. VOIP2320 will continue to automatically renew on a monthly basis until notice is given to VOIP2320 as stated in the Agreement. You are purchasing the Service on a contract or on full monthly terms, meaning that if you attempt to terminate Service prior to the end of the contract or a monthly term, you will be responsible for the full contract or 2 month's charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee if applicable under the terms of this Agreement, all of which immediately become due, payable, and chargeable to your credit card or checking account. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
1.2 Equipment Requirements
The Service requires standard SIP based customer premises equipment ("CPE") which may be provided by VOIP2320 pursuant to the terms of this Agreement. Use of the Service without such equipment is strictly prohibited. If you elect to provide your own equipment, then you are solely responsible for maintaining it and ensuring that it is compatible with the Service, and you agree that if it is not compatible with, or properly configured for VOIP2320, VOIP2320 may terminate the Service in its sole discretion.
1.2.1 BYOU
By accepting VOIP2320’s offer to use your own equipment, you agree to the following additional terms and conditions. You agree that all new BYOU accounts require you to submit Service Authorization Documentation (“Documentation”). The Documentation must be filled out completely and submitted within five (5) days or the account will be suspended without further notice. Upon receipt of the Documentation, VOIP2320 will validate the information that you provided. The VOIP2320 Service will not be fully enabled and you will only have domestic service until the Documentation is validated by VOIP2320. Also, outbound International dialing will not be enabled until the Documentation has been validated.
1.2.2 Video Phone Plan
The monthly fee gives you unlimited calling only within the United States and Canada. Calls outside the United States and Canada, including all cellular calls outside the United States and Canada, will be charged on a per minute basis. There may be restrictions for certain calling areas. VOIP2320 does not guarantee that the video portion of the VOIP2320 Video Phone will be compatible with other manufacturer’s video phones. The VOIP2320 Video Phone comes with a one year manufacturer’s warranty. All other provisions of these Terms and Conditions remain in full force and effect.
1.3.1 Residential Use of Service
If you have subscribed to VOIP2320's Residential services, the Service is provided to you as a single usage (user) residential plan, for your own personal, residential, non-business and non-professional use. This means that you agree not to use, and may not use, the Service for any commercial activities, governmental activities, profit-making activities, and/or non-profit activities, including but not limited to home office, business, sales, tele-commuting, tele-marketing, auto-dialing, continuous or extensive call forwarding, call relaying, fax broadcast, fax blasting and any other activity that would be inconsistent with normal residential usage patterns. This also means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from VOIP2320. You agree that if VOIP2320 determines in its sole discretion that you have used the Service, and/or anyone else has used the Service for any activities and purposes prohibited by this section it may immediately charge you VOIP2320's higher rates for its Business service for all periods, including past periods, in which you use, or used, the Service for such prohibited activities together with a US$100.00 administrative fee for same, and that VOIP2320 may immediately charge such amounts on your credit card. VOIP2320 reserves the right to immediately terminate and subject you to the disconnect fee pursuant to Section 7.6 or modify the Service, if VOIP2320 determines, in its sole discretion, that Customer's Service is being used for such prohibited activities or in any other manner prohibited by this Agreement. In addition to and without prejudicing or waiving any other remedies that it is entitled to, VOIP2320, after it has determined in its sole discretion that you have violated this Section 1.3.1, may retroactively charge you $.05 per minute for all US and Canadian calls made since the activation of your account. Violations of this Section 1.3.1 regarding International calls will likewise be retroactively billed at the then current published rates. You agree that any payment made to VOIP2320 pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages. In the event that VOIP2320 has to take legal action to enforce the provisions of this section, the prevailing party shall be entitled to its reasonable expenses, including attorney’s fees, regardless of whether in house or outside counsel is employed. If in house counsel is employed, billing shall be at the rate of $300.00 per hour and billed in 15 minute increments.
1.3.2 Business Use of Service
If you have subscribed to VOIP2320's Business services, the Service is provided to you as a business user. This means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from VOIP2320. You agree that once all equipment has been purchased and programmed by VOIP2320. You must take possession of all equipment you have purchased within 3 days of the date of the contract or account being setup. You must allow VOIP2320 to ship it to you within 3 days of the date of the contract or account being setup. You agree that even if you have not taken possession of all equipment within 3 days of the date of the contract being signed (Due to your failure to receive shipment) you are bound to make your services payments every month on time whether using the service or not. You agree if you have not taken possession of all equipment in 3 days of the date of the contract or account being setup or have not allowed VOIP2320 to ship the equipment to you, you own all the equipment and services purchased and they cannot be returned and ACH or credit card charges cannot be reversed. You agree that if you have received the equipment you own everything and cannot return it. You further agree that if you took possesoin of the equipment then reversed the charges on your ACH or credit card, this will be considered theft of the equipment. You agree that the VOIP2320 Business Plan does not confer the right to use the Service for Call Center Applications, Auto-Dialing, using the system for IP to IP calling or IP to IP conferencing using VOIP2320 endpoints without written permission from VOIP2320, continuous or extensive call forwarding over 250 minutes, call relaying over 250 minutes, telemarketing, fax broadcasting or fax blasting, and that you may not use the Service for those purposes. If a customer signs up and violates these Terms and Conditions for Use, then VOIP2320 reserves the right to charge the customer's ACH or Credit Card for these unauthorized uses.
*Significant restrictions apply to Unlimited Phone Plans. This note is clearly shown on our website and refers you here to these Terms and Conditions for Use. The Unlimited Phone usage statement is marked with an asterisk for a reason and refers you to these terms of use. To prevent abuse from users, restrictions had to be put into place to protect VOIP2320. The unlimited statement refers you to normal usage. Normal usage per extension per phone will not exceed normal business usage patterns of 500 minutes per month. VOIP2320 reserves the right to (1) immediately terminate or modify the Service, and (2) charge an administrative fee of US$100.00 per day of service during which Customer engaged in prohibited activities, if VOIP2320 determines, in its sole discretion, that Customer's Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement.
**Significant restrictions and charges for usage apply to Cellular Data Services. They are sold in 10 GB data usage plans and monthly service is charged based on customers original request of usage and request for charges. Data plans are automatically increased in 10 GB data increments if Customer's usage exceeds original data usage request by Customer or montly charge requested by Customer. Customer understands and agrees that usage above and beyond original estimate of monthly charges must be paid for by the Customer. VOIP2320 will not be responsible or pay for the Customer's usage. Customer agrees to the Terms and Conditions for Use that any usage by them is their responsibilty to pay for. Customer gives VOIP2320 permission to increase as many 10 GB Cellular Data Servcie plans as needed to avoid Celluar Data Service Overage Charges. VOIP2320 does this as value added service and Customer agrees VOIP2320 will not be held liable or have any liability or responsiblity for any charges should any Celluar Data Services overage charge occur.
1.4 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. VOIP2320 reserves the right to terminate the Service immediately and without advance notice if VOIP2320, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due, payable and chargeable to your credit card. If VOIP2320, in its sole discretion believes that you have violated the above restrictions, VOIP2320 may forward the objectionable material, as well as your communications with VOIP2320 and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
1.5 Use of Service and Device by Customers Outside the United States
VOIP2320 allows use of the Service inside or outside of the United States. However, if you use it outside the United States you do so at your own risk. If you remove the Device to a country outside the United States and/or use or attempt to use it there, you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the United States and/or the import laws of that other country.
1.6 Loss of Service Due to Power Failure or Internet Service/Broadband Outage
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by VOIP2320) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or VOIP2320 terminate the Service in accordance with this Agreement.
1.7 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on VOIP2320's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of VOIP2320 are and shall remain the exclusive property of VOIP2320 and nothing in this Agreement shall grant you the right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. You expressly agree that the Device is exclusively for use in connection with the Service and that VOIP2320 will not provide any passwords, codes or other information or assistance that would permit or enable you to use the Device for any other purposes. If you decide to use the Service through an interface device not provided by VOIP2320, which VOIP2320 reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless VOIP2320 against any and all liability arising out of your use of such interface device with the Service. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.8 Tampering with the Device and Service
You agree not to change the electronic serial number, MAC or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from VOIP2320 in each instance which VOIP2320 may grant or deny in its sole discretion. VOIP2320 reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to disrupt or hack the Service or to make or attempt to make any use of the Service that is inconsistent with its intended purpose.
1.9 Theft of Service or Device
You agree to notify VOIP2320 immediately, in writing or by calling the VOIP2320 customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service. If you purchase equipment from VOIP2320 on a credit card and then reverse the charges after you have already received the equipment, you understand and agree, this is theft and VOIP2320 will treat this as theft of equipment.
1.10 Number Transfer on Service Termination
VOIP2320 may, solely at the Company's discretion, release any telephone number that was ported in to VOIP2320 by you and used in connection with your Service to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; (ii) your VOIP2320 account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account. VOIP2320 will not transfer or release telephone numbers that it has assigned for use in conjunction with your Service.
1.11 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by VOIP2320. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.
1.12 No Pay-Per-Call Services Allowed
The Service does not permit calls to 900,876,809,649,284 numbers or other pay-per-call services.
1.13 No Operator Service
The Service does not support calls to operator services.
1.14 No Collect Calls
The Service does not support collect calls.
1.15 Directory Assistance
You agree that calls to Directory Assistance (1-XXX-555-1212) excluding toll-free Directory Assistance (1-8---555-1212) will incur a US$1.00 per call charge.
1.16 Calls from a Payphone
You agree that calls to a VOIP2320 Toll-free Alternate Number from a Payphone will incur a US$0.50 per call charge.
1.17 Calls to GoToMeeting and Free Conference Services
Certain rate centers located in rural areas that are known to be operated by free conference providers charge VOIP2320 extremely high fees. Free conference providers are able to offer free phone service by passing along these extremely high fees to service providers. Prior to dialing these number you need understand VOIP2320 has the right, since VOIP2320 does not block these calls, to pass on the charges incurred on to you. These calls will be billed sometimes at a minumum of $0.09/min on up depending on the cost to VOIP2320.
A detailed list of these numbers is included below. Please note that this list is subject to change without notice. (218)237, (218)339, (218)486, (218)548, (218)632, (218)844, (218)862, (218)895, (218)936 (270)250, (270)200, (270)400, (270)402, (270)405, (270)406, (270)407, (270)431, (270)446, (270)572, (270)696, (270)834, (270)872, (270)943, (270)951, (270)960 (308)231, (308)344, (308)378, (308)526, (308)823, (308)831, (308)929 (319)256, (319)279 (402)590 (563)843 (605)475, (605)622, (605)715, (605)725 (641)210, (641)213, (641)235, (641)237, (641)262, (641)264, (641)297, (641)308, (641)309, (641)315, (641)388, (641)396, (641)410, (641)453, (641)509, (641)551, (641)552, (641)570, (641)594, (641)608, (641)612, (641)654, (641)665, (641)696, (641)710, (641)713, (641)715, (641)739, (641)765, (641)793, (641)795, (641)816, (641)826, (641)827, (641)865, (641)962, (641)982, (641)983, (641)985, (641)992 (712)278, (712)338, (712)353, (712)429, (712)432, (712)439, (712)451, (712)458, (712)472, (712)475, (712)541, (712)568, (712)580, (712)725, (712)726, (712)737, (712)775, (712)827, (712)858, (712)858, (712)872, (712)873, (712)876, (712)889, (712)941, (712)944, (712)945, (712)948, (712)951 (906)204, (906)232, (906)239, (906)294, (906)357, (906)481, (906)874
These services can sometime also give you DTMF sounds on your calls. (So it sounds like someone is pressing the buttons on a telephone) VOIP2320 is not responsible for these DTMF sounds and call quality since the issue is being caused by these providers systems, which VOIP2320 does not have control over.
2. 911 EMERGENCY DIALING
PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF VOIP2320'™S 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS.
VOIP2320 Basic 911 or Enhanced 911 (E911) service ("VOIP2320 911 SERVICE") is different than traditional 911 land line service.
2.1 Most of VOIP2320 customers in the U.S., including Alaska and Hawaii, have access to basic 911 or Enhanced 911 (E911) service. Enhanced 911 (E911) service is available for all U.S. customers who register a valid E911 service address.
With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. If you live in locations where the emergency center is not equipped to receive your telephone number and address, you have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number and location, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.
As additional local emergency centers become capable of receiving our customers' telephone number and address information, customers will need to register a valid E911 service address to upgrade the service to E911. VOIP2320 will not inform you that new local emergency centers have been added. If your address is not covered by E911 service, VOIP2320 advises you to attempt to register your address periodically to determine if a new local emergency center has been added to your area.
Certain customers do not have access to either basic 911 or E911 because there are no local emergency centers in their area or they did not register for an E911 service address. If you do not have access to basic 911 or E911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the customer calling 911, and then contact the local emergency center for such customer in order to send help.
Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a customer's address during 911 address registration, the customer is identified with an international location, or the customer is located in an area that is not covered by the landline 911 network.
Emergency personnel do not receive your phone number or physical location when your 911 call is routed to a national emergency call center. Therefore, you must be prepared to give the operator your phone number and location and any other information that the operator might request. For the 911 calls which are answered by a national emergency call center, the fee for the first 911 call within a 12 month period will be waived. Subsequent 911 calls answered by a national emergency call center within the 12 month period will be charged $100.00 per call even if the call was the result of a mistake such as misdialing.
You authorize the national emergency call center to disclose your name and address to the third party or parties involved with providing emergency services to you, including, without limitation, call routers, call centers and local emergency centers.
2.3 Notify All Users
You are responsible for informing any household residents, guests and other third persons who may be present at the physical location where you utilize the VOIP2320 911 SERVICE of the important differences in and limitations of VOIP2320 911 SERVICE as compared with traditional 911 land line or cell phone service.
2.4 Registration of Physical Location Required
For each primary phone number that you use for the Service, you must register with VOIP2320 the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any 911 calls you make using the VOIP2320 911 SERVICE may be sent to an emergency center near your old address. You must register your initial location of use when you subscribe to the Service.
Thereafter, you may register a new location by following the instructions from the "911" registration link in your VOIP2320 Account Portal. For purposes of the VOIP2320 911 SERVICE, you may only register one location at a time for each primary phone line you use with the Service.
2.5 Re-Registration Required if You Change Your Number or Add or Port New Numbers
VOIP2320 911 SERVICE does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number and receive confirmation from VOIP2320.
2.6 Confirmation of Activation Required
Your VOIP2320 911 SERVICE will not be activated for any phone line that you are using with the Service, unless and until you receive an email from VOIP2320 confirming that the VOIP2320 911 SERVICE has been activated for that primary phone number. The activation may take up to three days to complete.
2.7 Service Outages
Unlike traditional 911 land line service, the VOIP2320 911 SERVICE can FAIL for a number of reasons. The reasons are as follows
a. An electrical power outage.
b. Internet outage, including loss of connectivity, suspension or termination by your broadband or Internet service provider, the blocking of ports by your broadband or Internet service provider and Local Area Network issues.
c. Termination of your VOIP2320 Services/Account.
d. In addition, a local or national disaster and subsequent spike in the number of calls may result in long connection times, busy signals or failures to connect.
You acknowledge and understand that the Service and VOIP2320 911 Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service and VOIP2320 911 Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service and VOIP2320 911. You also acknowledge and understand that the Service and VOIP2320 911 Service requires a fully functional broadband connection to the Internet (which is not provided by VOIP2320) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service and VOIP2320 911 Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service and VOIP2320 911 Service will not function until the power supply is restored and/or the ISP/broadband outage fixed.
You acknowledge that VOIP2320 is not responsible for any service outage related to the loss of electrical power, connectivity, suspension or termination by your broadband or Internet service provider, the blocking of ports by your broadband or Internet service provider, suspension or termination of your VOIP2320 Services/Account or any failures resulting from local or national disasters.
2.8 Disclaimer of Liability and Indemnification.
You acknowledge and understand that VOIP2320 will not be liable for any Service outage and/or inability to dial 911 using the VOIP2320 Service or to access emergency service personnel due to the characteristics and limitation of the VOIP2320 Service as set forth in this document. You agree to defend, indemnify, and hold harmless VOIP2320, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the VOIP2320 911 SERVICE.
In addition, VOIP2320 does not have any control over whether, or the manner in which, calls using the VOIP2320 911 SERVICE are answered or addressed by any local emergency response center. VOIP2320 disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. VOIP2320 relies on third parties to assist us in routing VOIP2320 911 SERVICE calls to local emergency response centers and to a national emergency calling center. VOIP2320 disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither VOIP2320 nor its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the VOIP2320 911 SERVICE unless such claims or causes of action arose from VOIP2320'™s gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless VOIP2320, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including VOIP2320 911 SERVICE, incorrectly routed VOIP2320 911 SERVICE calls, and/or the inability of any user of the Service to be able to use VOIP2320 911 SERVICE or access emergency service personnel.
Furthermore, you acknowledge that VOIP2320 does not offer Lifeline service, and that if you are not comfortable with the limitations of the VOIP2320 911 SERVICE, VOIP2320 strongly recommends that you always have an alternative means of accessing emergency service.
These provisions supplement and do not limit the indemnification and limitation of liability provisions contained in sections 3 and 4 found in these Terms and Conditions.
3. INDEMNIFICATION
THE TERM "VOIP2320" AS USED IN THIS SECTION SHALL MEAN VOIP2320 AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE AND/OR DEVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VOIP2320 AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VOIP2320 FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
4. LIMITATION OF LIABILITY
THE TERM "VOIP2320" AS USED IN THIS SECTION SHALL MEAN VOIP2320 AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
IN NO EVENT SHALL VOIP2320 BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL VOIP2320 BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO VOIP2320 OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND VOIP2320’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. VOIP2320 SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO VOIP2320’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VOIP2320’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. VOIP2320’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT VOIP2320 WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE VOIP2320 FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST VOIP2320 TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.
5. WARRANTIES
THE TERM "VOIP2320" AS USED IN THIS SECTION SHALL MEAN VOIP2320 AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
VOIP2320 MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. VOIP2320 DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. VOIP2320 DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE NEW FROM VOIP2320 AND THE DEVICE INCLUDED A LIMITED WARRANTY AT THE TIME OF PURCHASE, CUSTOMER MUST REFER TO THE SEPARATE LIMITED WARRANTY DOCUMENT FOR INFORMATION ON THE LIMITATION AND DISCLAIMER OF SUCH WARRANTY. IF CUSTOMER’S DEVICE DID NOT INCLUDE A LIMITED WARRANTY FROM VOIP2320 AT THE TIME OF PURCHASE, CUSTOMER AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST VOIP2320 TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
5.1 Replacement of a Defective Device
If you have a defective Device, VOIP2320 will replace it without charge as long as you have fully paid for the Services and return the defective Device to VOIP2320. You must first receive a Return Merchandise Authorization from VOIP2320 by emailing or calling a VOIP2320 Customer Service Representative who will determine if the Device is defective or not. If it is determined to be defective, VOIP2320 will then ship you a new Device and a shipping label for you to return the defective Device to us without cost to you. You must return the Device in the original packaging with the bar code intact and include all components, cables, accessories, parts, manuals, and other documentation. If after 14 days of shipping the new Device to you, we have not received the defective Device, we will charge you the device fee. This replacement policy is good for 12 months from the date your account is activated regardless of how many times your Device is replaced during those 12 months.
6. CHANGES TO THIS AGREEMENT
VOIP2320 may change the terms and conditions of this Agreement from time to time. Changes to this Agreement super cede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the VOIP2320 website at www.voip2320.com and/or the date we notify you of changes by the following: email at the address provided by you, postcard, letter, recorded announcement, message on your bill, an insert in your bill, newspaper ad, or a call to your billed telephone number, whichever occurs first.
7. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
7.1 Billing
You must give us a valid credit card number when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise VOIP2320 at once by changing your credit card information in your account portal. We will bill all charges monthly to your credit card, including but not limited to: activation fees, monthly Service fees, surcharges, applicable taxes, disconnection fees, international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. VOIP2320 reserves the right to bill at more frequent intervals if the amount due at any time exceeds US$25.00. You may not pay by credit card, however, if you have five (5) or more VOIP2320 accounts, in which case you must pay by check or wire transfer into a VOIP2320 Master Account.
7.1.1 “One Time Use” or Disposable Credit Cards
VOIP2320 strictly prohibits the use of “one time use” or disposable credit cards. If you use such a card to activate the VOIP2320 Service and such use results in VOIP2320 not being able to collect charges for the Service, you will be subject to a $500.00 fee as liquidated damages and not as a penalty, plus any reasonable in-house or outside counsel attorney’s fees incurred by VOIP2320 to collect such unpaid charges and liquidated damages.
7.2 Billing Disputes
You must notify VOIP2320 in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your VOIP2320 Master Account if you dispute any VOIP2320 charges on that statement or that have been debited from your VOIP2320 Master Account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address:
Customer Care Billing Department
VOIP2320
9227 East Lincoln Avenue #200 Suite 505
Lone Tree, CO 80124
(888) 303-2995
billing@voip2320.com
7.3 Payment
VOIP2320 only accepts payments by credit card, unless you have five (5) or more accounts as explained above. Your initial use of the Service authorizes VOIP2320 to charge all amounts due VOIP2320 as stated in the Agreement on the credit card account number on file with VOIP2320, or on any other credit card provided by Customer if the original card expires or is replaced. This authorization will remain valid until 30 days after VOIP2320 receives your written notice terminating VOIP2320's authority to charge your credit card. VOIP2320 may terminate your Service at any time, in its sole discretion, if any charge to your credit card on file with VOIP2320 is declined or reversed, if your credit card expires and you have not provided VOIP2320 with a new valid and approved credit card, or in case of any other non-payment of account charges. Termination of Service for a declined or expired credit card, reversed charges or non-payment leaves you fully liable to VOIP2320 for all charges accrued before termination and for costs incurred by VOIP2320 to collect all monies owed by Customer, such as (but not limited to) collection costs and in house or outside attorneys’ fees as defined is Section 1.3.1. VOIP2320 may make billing adjustments for the Service retroactively for a period of one hundred eighty (180) calendar days after the date a Service is rendered if they are made within two (2) months of VOIP2320’s receipt of any invoice for the payment of additional fees and charges imposed by law.
If you have five (5) or more VOIP2320 accounts, you must maintain a VOIP2320 Master Account to pay the monthly Service fees. You must maintain a minimum balance of at least 150% of the total of the monthly Service fees in your VOIP2320 Master Account. You must fund your VOIP2320 Master Account by check or by wire transfer and not by credit card. You may monitor your VOIP2320 Master Account on your VOIP2320 Master Account portal. In the event that the available funds in your VOIP2320 Master Account balance falls to within 20% of the minimum balance, VOIP2320 will take reasonable steps to email you a notice to remind you to replenish your VOIP2320 Master Account. However, you are wholly responsible for ensuring that you have adequate available funds in your VOIP2320 Master Account at all times, and VOIP2320 will not be responsible if any warning emails are not sent out or are not received. VOIP2320 may terminate your Service at any time, in its sole discretion, if you have failed to replenish your VOIP2320 Master Account with funds adequate to i) maintain the minimum balance, and ii) pay any outstanding amounts due, and iii) cover all charges for monthly Services.
7.4 Termination/Discontinuance of Service
VOIP2320 reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If VOIP2320 discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated or suspended for any stated reason, including without limitation, violation of any terms of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of VOIP2320 or of a third party provider to which VOIP2320 is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.
7.5 Reactivation/Continuance of Service
If your suspended account’s Service is resumed because you cured the violation, you will not receive a credit or refund for the period during which the Service was suspended or limited. If your Service has been terminated and then reactivated, you will be charged a $9.95 reactivation fee but $39.95 disconnect fee will be credited back to you. You will not have to pay a new Activation Fee as long as reactivation occurs within 7 days of termination. You are responsible for a full month’s fee if the Service or feature is reactivated after the beginning of a new billing cycle.
7.6 Taxes
Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card. If Customer is exempt from payment of such taxes, it will provide VOIP2320 with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date VOIP2320 receives such certificate.
7.7 Disconnect Fee
Customer will be charged a disconnect fee of US$39.95 per voice line upon termination of Service for any reason or for convenience of Customer, unless (1) the Customer is eligible for a full refund of the original sign up fees pursuant to the terms of the Money Back Guarantee as provided in this Agreement or (2) the Customer used the Service for more than twelve (12) consecutive months in accordance with the terms of this Agreement and has fully paid for such Service. The disconnect fee becomes due and payable immediately upon termination and will be billed directly to Customer's credit card.
7.8 Return of Device
A Device or any equipment purchased may not be returned. You own everything and cannot return it. If equipment is received and then you reverse your charges on your credit card this will be considered theft of the equipment and VOIP2320 will treat this as a theft case.
7.9 No Money Back Guarantee; Limitations and Conditions
8. CONTENT
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. VOIP2320 reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if VOIP2320 determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with VOIP2320's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. VOIP2320's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold harmless VOIP2320 against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
9. RESOLUTION OF DISPUTES BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NE