VoIP Customer Service Agreement
This Service Agreement is between NetCo ("Provider") and / or ("IOL") and the person, business or entity ("Customer") subscribing or purchasing products and or services ("Service"). This Agreement includes the Multimedia Terminal Adaptor (MTA) or any other hardware device or software program supplied by Provider in relation to the service offered. Prior to activation Service, Customer agrees that they are authorized to commit to this Agreement, are of legal age to enter into this Agreement and are not breaking any applicable laws in the country the service is to be used. Customer acknowledges that they have read, understood, and agree, to the terms of this Agreement.
Privacy
Provider will keep confidential, except where required by law, all information provided by Customer including email addresses. Customer acknowledges that the public Internet is used for network access and will hold Provider harmless against any privacy breach due to interception of voice or data transmitted over the Internet.
Lawful Use of Service
Customer agrees to use the Service for lawful purposes that does not violate any national or international law.
Term
Where applicable, Service is provided on a monthly basis paid in advance in full monthly increments. Some rate plans (Plan) have a minimum term (Term) requiring monthly payment, call and other applicable charges to be made until the end of such Term. The Term commences on the date the first call is completed or 60 days from the date of the Service order, whichever is first. The anniversary shall be the same date of each subsequent month. The Term shall automatically renew unless a minimum of fourteen days written notice is provided prior to the end of the then current term. The Term and conditions applicable to each rate Plan is provided with the product description.
Cancellation of Service
Cancellation of service requires fourteen days notice in writing effective from the end of the current Term. Customer will be responsible for all monthly charges to the end of the current term, including call and other service charges. Where Provider agrees to cancellation during a Term, this will be effective at the end of the monthly billing cycle in effect at the time. If the MTA was supplied at no charge or at a discounted rate, a disconnection fee of $US 59.95 may apply. All remaining charges shall be immediately payable at the time of cancellation acceptance.
Residential Plans
If you are a customer subscribing to the "Let's Talk" calling Plan, services are provided for normal personal use and may not be used for any business related purpose. This includes home office, network marketing, telephone sales, telemarketing, automatic dialing or any other use deemed by Provider to be non residential. After one thousand five hundred contiguous minutes within one billing cycle, all calls to United States and Canada will be charged at the same rates as per "Quick Connect" plan. The service may not be used by others for payment or by any other person for commercial use. If usage patterns are outside or in excess of what Provider deems to be normal residential use, Provider reserves the right to immediately terminate service, upgrade the service to a Business plan or revert Service to a "Quick Connect" plan based on usage charging.
Business Plans
If you are a customer subscribing to a "Let's Do Business" plan, you may not resell or transfer the service to any other person, use for automatic dialer applications, continuous call forwarding, telemarketing of any type, call center applications or as a shared line of a PBX or telephone system. Provider may immediately terminate the Service or revert Service to a "Quick Connect" plan based on usage charging. After three thousand contiguous minutes within one billing cycle, all calls to United States and Canada will be charged at the same rates as per "Quick Connect" plan.
Use of Service in other Countries
Provider fully supports all Customers based in the United States but does fully support Customers who use the MTA in another country or have the MTA shipped to a country outside the United States. Customers using Service in other countries other tha those countries fully supported by the Provider, do so at their own risk, including the violation of laws relating to the use of VoIP services, the blocking of service by Internet Service Providers or government agencies, the seizure of MTA's by customs authorities, the application of duties or taxes or any other event that may prevent the use of service. Provider shall be held harmless against any loss and Customer agrees to indemnify Provider against any loss, liability or costs relating to the shipment of MTA's to countries outside the United States, the availability of Service or the use of Service in other countries, other than other countries fully supported by the Provider.
Service Availability
Customer acknowledges that Provider offers no guarantee as to the availability or continuous availability of Service. Further more; Customer understands that the MTA will not operate in the event of power failure to the Internet access device, MTA or telephones requiring a power supply connected to the MTA. Where a Customer has an MTA with emergency service bypass line, this will only work when connected to a telephone line supporting emergency service calls and where the telephone connected does not require a power supply to operate. Availability is subject to the provision by Customer of a suitable broadband Internet service without the blocking of ports used by the Service. Provider may terminate service without notice if the Customers account runs out of credit, where a credit card has expired, where a credit card charge is declined, or where there are insufficient funds to cover a prepaid monthly Service charge.
Use of MTA
The MTA must be used within the specification provided and with a stable power supply. Where the MTA has been provided as part of a Service plan or the purchase of the MTA has been subsidized, the MTA is located to the Provider Service and may not be reprogrammed for use with another Service. Customer is not entitled to certain passwords, technical information, source code or Customer network or access passwords. Where service has been cancelled and all charges related to the balance of the Term have been paid by the Customer, the Customer may request the unlock information relating to the MTA. Provider will determine a charge being the difference between the subsidized price paid and the normal retail price of an unlocked MTA. Upon payment of this charge, all technical information and unlock codes will be supplied. Customer shall not reverse engineer or otherwise attempt to derive the source code or network user log in information from the firmware or software.
Unauthorized Servicing or Tampering with the MTA
Should MTA's be returned to Provider that have the serial number removed, electronic serial number modified, damaged caused by lightning strike or rain static, the cover removed or the cover seal broken without prior permission from Provider, Provider will have no obligation to repair or replace the MTA and may terminate Service.
Theft of MTA
Customer shall notify Provider immediately the MTA is lost or stolen. Customer is responsible for all call charges related to the device until notice loss is acknowledged in writing by Provider. notice of the theft or fraudulent use, 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. Customer is responsible for the security of and insurance cover.
Faulty MTA's
Where a MTA is traced by Provider technical support staff to be faulty, a return authorization number will be provided. If the MTA has been supplied in conjunction with Service, Provider with repair or replace the MTA at its option and return freight paid. A credit allowance will be applied to the Customers account to compensate for the average cost of freight from Customer to Provider.
Satisfaction Guarantee
Service may be cancelled within fourteen (14) days of the original Service activation date. Upon receipt of the freight paid MTA is good working condition, Customer will receive a full credit for any payments made less the charges for completed calls at $0,03 per minute for United States calls related to an Unlimited plan and the actual billed charge for International calls. This cancellation is subject to the return of any MTA which has been provided to the customer "free of charge" under any plan subscribed to herein by the customer.
Number Transfer on Service Termination
Upon cancellation of Service and upon payments of all outstanding charges, Customer may apply for the transfer of their telephone number to another carrier. As telephone numbers are supplied by third parties, the ability to and delay of releasing the number will depend on the policies and capability of the carrier providing the number. Provider shall not be held responsible for any delays or the inability to release a number.
Calling Emergency Services
Non-Availability of Traditional 911 or E911 Services:. Customer acknowledges that Service does NOT support traditional 911 or E911 access in the United States or calls to emergency services in other countries. Provider does not provide any database address lookup service for emergency calls other than that provided by the Public Switched telephone Network service provider where an MTA with emergency service bypass is used and the PSTN port is connected to a PSTN line with working emergency service access. Neither Provider nor its officers or employees will be liable for any costs, injury, disability, loss of life, damages, legal action or any other loss resulting form the use of the Service or non-availability of the Service to call emergency service providers.
Agreement Changes
Provider may change the terms of this Agreement from time to time. Any new terms or changes will be included in the current Agreement posted on the www.NetCo.com web site. The terms of the Agreement posted on the web site shall supersede the terms of the Agreement in force at the time the Service was first subscribed to and any previous Agreement terms. Any such changes will be binding on Customer unless the customer notifies the Provider within 3 business days of the posting of such notice of changes to the terms of the agreement, that the changes are unacceptable to the customer. In such an event, the customer may elect to terminate the service subject to all the terms being met under the "Cancellation of Service" clause which forms part of this agreement.
Billing
Credit cards will only be accepted for United States customers with both United States credit card billing and shipping addresses or within any country that is fully supported by the Provider. A valid credit card number, expiration date, billing address and security code must be provided when the Service is activated. Card expiration date must be updated from a new card prior to expiration and the Customer must maintain available credit to cover month charges and anticipated call charges. Credit Card informatin update must be done via telephone call to customer support. Provider reserves the right to stop accepting credit cards at any time. Customer must provide an alternative method of payment should any credit card facility be withdrawn. . If the card expires, the account is closed, the billing address is changed the card is cancelled or the card is replace due to loss or theft, Customer must advise Provider immediately.
Billing Disputes
Provider must be advised in writing within 7 days after receiving the credit card statement or identifying a disputed charge on line. The Provider's decision on the application of a credit is final.
Taxes
Customer is responsible for any applicable country, federal, state, local government or other regulatory taxes or fees currently in force or introduced in the future.
Directory and Operator Service Calls
Provider will charge the cost of any third party services (plus a service charge) incurred by the customer for any service other than those offered under the plan to which the customer has subscribed.
Limitation of Liability
Provider shall not be liable for any non availability, interruption or degradation of voice quality that is caused by any of the following: Act or omission of an underlying carrier, service provider or other third party network, network upgrades; force majeure events; equipment, network or facility shortage or any other event that is beyond Provider's control
Disclaimer of Damages
IN NO EVENT SHALL PROVIDER, ITS OFFICERS, EMPLOYEES, AGENTS OR ANY OTHER RESELLER BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF TELEPHONE SERVICE, DATA, LOSS OF REVENUE, LOSS OF PROFITS, OR DAMAGES ARISING OUT OF THE USE OF SERVICE.
Indemnification
Customer agrees to defend, indemnify, and hold harmless Provider, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party, relating to this Agreement. This clause shall survive termination of this Agreement.
No Warranties
PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER PROVIDER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR PROVIDER WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO PROVIDER,S TRANSMISSION FACILITIES OR CUSTOMER PREMISES EQUIPMENT AS A RESULT OF PROVIDER'S OR ITS CARRIERS OR PROVIDERS' NEGLIGENCE.
Mandatory Arbitration
Any dispute or claim between Customer and Provider arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. 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 Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
Governing Law
This Agreement shall be governed by the laws of the State of Maryland, USA.
