TERMS OF SERVICE
THE USE OF SERVICES PROVIDED BY VoIPAccess CONSTITUTES AGREEMENT TO THESE TERMS. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Introduction
These Terms of Service constitute the agreement between VoIPAccess, Service Provider Agent “SPA” (Network Engineer / Computer Technicians) and the Customer. VoIPAccess is sometimes referred to as “we,” “us,” “our,” or “VoIPAccess”. Service Provider Agent is sometimes referred to as “Service Provider Agent”, “Service Provider” or “SPA” , and the Customer is sometimes referred to as “you,” “your,” “user,” “client” or “customer”. By subscribing to or using VoIPAccess service, you agree to these Terms of Service. All information linked to these Terms of Service is part of it.
2. Service Provider Agent
Who are the Service Provider Agent or SPA? SPA are IT Consultants providing support for your Network Infrastructure and computer system. To provide the best VoIP service we partner with your existing SPA to provide the best possible configuration, simplify support and billing. The SPA will work closely with customer who employs IT Staff. We encourage you to check the About Us page for our business model structure.
2.1. Support
Your primary support is your Service Provider Agent. Your SPA is knowledgeable with your network infrastructure to provide troubleshooting, support for routers, computers, IP phones or internet connections. VoIPAccess works closely with your SPA.
2.2. Ticketing / Issue Reporting
VoIPAccess provides a centralized ticketing system to track and response to your questions, post support tickets, billing issues, pre-sales question and miscellaneous request. A receipt request and ticket reference will be emailed and our team alerted. Support tickets are given priority to resolve any service issues.
3. E911 & 911 Service
VoIPAccess, provide a safe and reliable means of communication in times of emergency. VoIPAccess 911 Dialing service operates differently than traditional 911, and because your safety is important to us, you’ll just have to inform your SPA the location where you will be using your VoIPAccess service.
3.1. Enhanced 911
Most of our customers (other than WiFi and Softphone customers) have access to either basic 911 or Enhanced 911 (E911) service. 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.
3.2. Basic 911 Service
Customers in locations where the emergency center is not equipped to receive your telephone number and address 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, 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’ information, VoIPAccess will automatically upgrade customers with basic 911 to E911 service. VoIPAccess will not give you notice of the upgrade.
3.3. National Emergency Call Center
Certain customers do not have access to either basic 911 or E911. If you don’t 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, 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. In addition, if you use a WiFi or SoftPhone, due to the portable nature of these Devices, your 911 calls will be routed to the national emergency call center. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the VoIPAccess national emergency call center.
3.4. Register your location
You must register with VoIPAccess the physical location where you will utilize VoIPAccess phone service for each phone line. Also note that if you move your device to another location, you must register your new location by contacting your Service Provider Agent. If you do not register your new location, any 911 call you make may be sent to an emergency center near your old location. You will register your initial location of use when you subscribe to the Service. This process can take several hours. Regardless of what address you register for a WiFi or SoftPhone, emergency calls you make from these devices will be routed to the national emergency response center.
3.5. Testing E911
Customer can test E911 after the porting has been completed. It is the customer responsibility to verify E911 and report any issue.
Lines provisioned after December 16, 2016 (except PBX3) can verify E911 service by dialing (555) 555-0911.
Lines provision before December 12, 2016, can scheduled a test call contacting your local 911 call center via its non-emergency phone number. To find the non-emergency, 10-digit phone number for your local 911 call center, conduct an Internet search for the non-emergency number of the local law enforcement agency.
4. Service
4.1. Service Distinctions
Our voice service is not a telecommunications service, and we provide it on a best efforts basis. There are important distinctions between a telecommunications service and our voice service. Our voice service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our voice service requires a high speed broadband connection which we do not provide. Events beyond our control may affect VoIPAccess service, such as local power outages, fluctuations in the Internet, your underlying ISP or broadband service, or scheduled/unscheduled maintenance. We will act in good faith to minimize disruptions to your use of and access to VoIPAccess service.
4.1.1. Uninterruptible Power Supply
Using uninterruptible Power Supply (UPS) for ISP provided devices, internal routers/switches that link to IP phones and IP Phones will minimized your downtime in the event of power failure.
4.1.2. Power-Over-Ethernet Switch
Power-Over-Ethernet (POE) switch provides power to the POE IP Phone eliminating the need for power adapter.
4.1.3. Backup Phone / Cell Phone
A backup phone that is not part of your VoIPAccess Service can be set to ring (fallback) when there is a internet failure on your site. This additional feature is provided as free of service.
4.2. Basic Small Business
We provide our VoIPAccess service, features and the device to you solely for use as a business user or domestic business traveler. The following uses are not considered acceptable business uses and are not permitted under our business plans without our express written consent: auto-dialing; continuous or extensive call-forwarding or inbound/outbound centralized or distributed call center activity, telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting and fax or voicemail blasting. As the subscriber of this service, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your device.
4.3. Inconsistent with Normal Use
Unlimited voice services are provided primarily for continuous live dialog between two individuals based on fair usage. If you use the VoIPAccess service, any feature or the device in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at VoIPAccess’s sole discretion, to pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, or terminate the plan. Lack of continuous dialog activity, unusual call patterns, excessive conferencing or call forwarding, excessive numbers and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review or further action by us. We may determine inconsistent use based on material deviations from the usage patterns and levels of most of our customers using the same and/or similar service plans, features or devices. Failure to contact your Service Provider Agent in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in VoIPAccess’s sole discretion, in immediate mandatory transfer to another appropriate plan (which may be higher in cost), suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection, device or other rebate recovery charges.
4.4. No Operator Assisted Calling (O+)
VoIPAccess does NOT Support x11. VoIPAccess service does NOT support O+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. VoIPAccess service may not support 311, 411, 511, and other x11 services in one or more service areas. VoIPAccess service does support specified dialing such as 911, which are provided for elsewhere in these Terms of Service.
4.5. No Directory Listing
The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed. VoIPAccess does not guarantee the listing of any phone number you transfer from your local phone company or any other telephone service provider. It is the customer responsibility to contact directory listign such as the “Yellow Page” to list there number
4.6. Incompatibility With Other Services
4.6.1. Non-Voice Equipment Limitations.
4.6.2. Certain Broadband, Cable Modem, and Other Services.
You acknowledge that VoIPAccess service presently is not compatible with AOL cable broadband service and certain versions of TiVO. There may also be other services with which VoIPAccess service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using VoIPAccess service. We do not warrant that VoIPAccess services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of VoIPAccess service with any particular broadband service.
4.7. Passwords
You will be asked to create a password in order to gain access to your account information on-line, voice mail or when contacting a VoIPAccess / SPA agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password. You must immediately notify us if you suspect any breach of security such as unusual activity, unauthorized disclosure or use of your password and account.
4.8. Changes to Service Plans
Our VoIPAccess service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described at www.VoIPAccess.net or in other communications and materials made available to you in connection with your order or changes to your service. You acknowledge that your service plan is also subject to these Terms of Service. VoIPAccess service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. It is in our mutual best interest to provide you features and prices that are competitive and maintain your satisfaction with the VoIPAccess Service. All noticed will be communicated thru the Service Provider Agent. Rest assure that we will do our best to requisite the best affordable trunk lines from the telecommunication companies.
5. Length of Service
5.1. Service Term
We provide VoIPAccess service to you indefinitely. Your service term refers to the period of time for which your Service Provider Agent will bill you periodically in advance (for example, monthly, quarterly, bi-annually or annually). The service term is the term that you selected from the options available when you signed up for VoIPAccess service. Your first service term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment or the first time you use the service. Your service will continue until canceled by you or by us as provided for herein. Please note that the acceptance and obligations of this agreement begin on your subscription date.
5.2. Other Commitments
If a promotional or plan benefit (such as an equipment upgrade, a free month of service, free installation, a rebate, or other incentive) is provided to you at no charge or at a specified amount off of our then current normal charge and is premised on your maintaining VoIPAccess service for a particular length of time then, unless otherwise specified in the offer you received, the specified period begins on the day that you accept the promotion or benefit which is generally the date of your order but may be the date your first payment is processed if that occurs at a later date. If you terminate your service before that period of time expires, then you will be subject to a recovery fee equal to the amount of the promotional or plan benefit that was specified on the date that it was provided to you, less the amount, if any, that you paid for the promotional or plan benefit in connection with your acceptance of same. You remain responsible for all usage charges that are outside of the promotional or plan benefit.
5.3. Our right to disconnect
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice. For a non-exhaustive list of instances where we may disconnect your service without notice:
5.3.1. Unlawful or inappropriate use
5.3.2. Non-payment
- Inbound calls will cease if the invoice is delinquent past 7 days.
- All lines will be terminated if the invoice is delinquent past 20 days. Phone numbers (DID) will be lost.
5.3.3. Violation of laws of jurisdictions
If we determine that you have used VoIPAccess service or your device in violation of laws of jurisdictions outside of VoIPAccess service areas.
5.3.4. Inconsistent usage
If we determine that your use of the service, features, or the device is, or at any time was inconsistent with normal inbound or outbound usage patterns for the type of service or plan that you have purchased, or that you have at any time used the service, feature or the device for any of these or similar activities.
5.3.5. Tampering
If we determine that you have tampered with the device(s).
5.4. Fees upon disconnection
5.4.1. Disconnection by you
5.4.2. Disconnection by us without a reason
5.4.3. Disconnection by us with a reason
If we disconnect your service for any of the reasons listed in section 6.3 above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any disconnection and any recovery fees.
5.5. Service Disconnection on Number Transfer or “Port”
5.5.1. Single line Accounts
5.5.2. Multiple-line Accounts
If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices such as the WiFi or Softphone on your account, you are required to inform your Service Provider Agent and the SPA will notify VoIPAccess.
5.6. Termination of Service
In order to terminate your service, you must contact your Service Provider Agent, via telephone.
6. Devices
6.1. Devices received from Service Provider Agent
6.1.1. Limited Warranty
6.1.2. Service Cancellation
If you cancel your service within the money back guarantee period, you may obtain a credit for the amount paid for the device. Please consult your Service Provider Agent for details.
6.2. Tampering with the Device
You may not change the electronic serial number or equipment identifier or encryption keys or other authentication or technical data of your device or perform a factory reset of your device without first getting our written consent from VoIPAccess or SPA.
6.3. Prohibited Devices
You are prohibited from using VoIPAccess services with any devices other than VoIPAccess approved devices.
6.4. Recommended Devices
We recommend Yealink and Sangoma which is a Certified Hardware Partner compatible with our PBX servers. The certification gives us assurances that Yealink and Sangoma endpoints have been tested and provide great functionality and usability. You can purchase VoIP phone from your Service Provider Agent. We will work closely with your service provider to determine the best Yealink or Sangoma model for your needs.
6.5. Disclaimer
Other than express warranties for the device in the documentation that comes with your device and the retail customer limited warranty in this agreement, following the term of the limited warranty, we make no warranties of any kind, express or implied, and specifically disclaim, following the term of the limited warranty, any warranty of merchant-ability, fitness of the device 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 device or any firmware or software is “error free” or will meet your requirements. This section does not limit any disclaimer or limitation of warranty in the documentation provided with your device. Device warranties do not apply to Business Plan customers.
7. Fees, Taxes, and other Charges
7.1. Fees and charges
These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Where required by law.
7.2. Billing increments
For services not covered under Flat Rate plan, we bill usage charges in full minute increments. We round partial minutes up to the next full minute. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005.
7.3. Taxes
State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of VoIPAccess service. These charges may be a flat fee or a percentage of your VoIPAccess charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your subscription, use, or payment for VoIPAccess service or your device. These amounts are in addition to the payment for your service or devices. SPA will bill these charges to your payment method according to the terms in this agreement.
7.5. Other Charges (e.g.,900)
VoIPAccess will charge you for each call you make to directory assistance, accepting collect calls, 900 pay per calls and other similar services.
7.6. Activation Fee
Unless such fee is waived by us as part of an offer, we will charge you a one-time activation fee per line as well as any other activation fee that may apply to the particular features or service that you select. Activation fee is based on the fee enforced by the telecom company.
7.7. No Credit for Non-Usage or Misdialing
Neither non-usage of the service nor mis-dialing while using the service does not entitles you to a credit or refund.
8. Billing And Payment
8.1. Payment Plan
Billing and payment plans are as follows unless an arrangement is made with your Service Provider Agent.
- Payment is on a monthly basis. First month payment is required to activate the service.
- Credit card payment is available with additional 5% processing fee.
- Delinquent Invoices will be subject to a 5% late fee and possibly lost of service. (Section 5.3.2)
- Bounced checks are considered “NOT PAID” and will be treated as such and will be subject to bank fees and late fees
9. Prohibited Uses
9.1. Lawful purposes solely
You may use VoIPAccess service and your device only for lawful, proper and appropriate purposes. You may not use VoIPAccess service or your device in any way that is illegal, fraudulent, improper or inappropriate.
9.2. Monitoring
We may monitor the use of VoIPAccess service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect VoIPAccess service, or VoIPAccess affiliates, and agents from harm.
9.3. Providing information to authorities and third parties
If we believe that you have used VoIPAccess service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:
* in response to law enforcement or other governmental agency requests;
* as required by law, regulation, rule, subpoena, search warrant, or court order;
* as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
* to protect VoIPAccess’s rights and property; or
* in emergency situations where disclosure of such information is necessary to protect VoIPAccess customers or third parties from imminent harm.
9.4. Use of Service and Device by Customers Outside the United States.
Although we encourage you to use VoIPAccess service to call foreign countries from the United States and to use VoIPAccess service as you travel, the services are only offered and supported in the United States. VoIPAccess service is designed to work generally with unencumbered high-speed internet connections. However, if your Internet Service Provider places restrictions on using VoIP services, we do not claim that they will allow you to use VoIPAccess service. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of VoIPAccess service. If you ship a device outside the United States for use in another country, you are solely responsible for determining and adhering to compliance with all applicable custom, regulatory and other laws regarding the transport, distribution and use of such device and the service.
9.5. No Transfer of Service
You are the sole account holder for the service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You may not resell or transfer your service, account or your device or provide a telephone service to anyone else by using your VoIPAccess service or features of your VoIPAccess service without first getting our written consent. Attempted assignments of service and accounts through changes in account and billing information does not relieve you of liability and responsibility for use of the service and features, or for charges on the account unless we have not consented to the assignment in writing or unless we actively facilitate the assignment as evidenced in our records. Attempted assignments of accounts without our written consent through changes you may make in your account and billing information does not relieve you of liability and responsibility for the account. You may elect to authorize others to access your account by calling us.
9.6. No Alterations or Tampering
If you copy or alter or have someone else copy or alter the firmware or software of the device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt VoIPAccess service or make any use of VoIPAccess service that is inconsistent with its intended purpose.
9.7. Theft of Service
You may not use or obtain VoIPAccess service in any manner that avoids VoIPAccess policies and procedures, including an illegal or improper manner. You will notify the SPA immediately if your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you. Until you notify us, you will be liable for all use of VoIPAccess service using a device stolen from you and any stolen, fraudulent, or unauthorized use of VoIPAccess service whether or not it involves a stolen device.
9.8. Unauthorized Usage of Device; Firmware or Software
You have not been granted any license to use the firmware or software we use to provide VoIPAccess service or that we provide to you in providing VoIPAccess service, or that is embedded in your device, other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of this agreement. You also agree that you will use your device exclusively for VoIPAccess service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
10. Limitation On Warranties, Remedies and Liability
10.1. AS IS Services
You agree that VoIPAccess services are provided “as is,” except to the extent provided below.
10.2. No Warranties on Service
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither VoIPAccess nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for VoIPAccess service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer’s data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of VoIPAccess or its service provider’s or vendors’ negligence. Statements and descriptions concerning VoIPAccess service or device, if any, by VoIPAccess or Service Provider Agents are informational and are not given as a warranty of any kind.
10.3. Device Warranties and Limitations (See Section 6)
10.4. No Credit Allowances for Interruption of VoIPAccess Service
We will not give you credit for any interruption of VoIPAccess service, including international calling services.
10.5. Limitation of Liability
We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality that is caused by any of the following:
| Third party omission | an act or omission of an underlying carrier, service provider, vendor, or other third party; | ||
| Equipment failure | equipment, network, or facility failure; | ||
| Equipment modification | equipment, network, or facility upgrade or modification; | ||
| Force majeure | events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions; | ||
| Equipment shortage | equipment, network, or facility shortage; | ||
| Equipment relocation | equipment or facility relocation; | ||
| Loss of power | service, equipment, network, or facility failure caused by the loss of power to you; | ||
| Outages | outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party; | ||
| Acts or omissions | any act or omission by you or any person using VoIPAccess service or the device provided to you; or | ||
| Other causes | any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded. |
10.6. Disclaimer of Liability for Damages
In no event will VoIPAccess, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with VoIPAccess service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10.7. Disclaimer of 911 Liability
We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither VoIPAccess nor Service Provider Agent may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of VoIPAccess service, relating to VoIPAccess service, including, without limitation, 911 Dialing, or your device.
10.8. Limit on total Liability
11. Indemnification and Waiver of Claims
11.1. Indemnification
You shall defend, indemnify, and hold harmless VoIPAccess its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for VoIPAccess 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 or user of VoIPAccess service, relating to VoIPAccess service, including, without limitation, 911 Dialing, or your device(s), or use of VoIPAccess service by you or others using your account (whether or not such usage is expressly authorized by you).
11.2. Waiver of Claim or Causes of Action
You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
11.3. Content
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using VoIPAccess service and the device.
11.4. Account Information
You are liable for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.
12. Miscellaneous Legal Considerations
12.1. Governing Law
The law of the state of your residence will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this agreement is a transaction in interstate commerce, the Federal Arbitration Act (“FAA”), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision in Section 14.
12.2. No Waiver of Rights
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision.
12.3. Survival
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
12.4. Legal Age
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
12.5. Entire Agreement
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and VoIPAccess. This agreement governs your use of VoIPAccess service, and the use of VoIPAccess services by the members of your household and your guests and employees.
12.6. Severability
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
13. Dispute Resolution and Binding Arbitration
13.1. Arbitration
VoIPAccess and you agree to arbitrate any and all disputes and claims between you and VoIPAccess. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and VoIPAccess, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to “VoIPAccess,” “us” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and VoIPAccess.
13.2. Arbitrator and Arbitral Rules
The arbitration shall be administered by the American Arbitration Association (“AAA”). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
13.3. Waiver of Jury Trial
You and VoIPAccess agree that, by entering into this agreement, you and VoIPAccess are waiving the right to a trial by jury.
13.4. Statute of Limitations
You must contact us within 1 month of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to section 9.5 of the agreement), or you waive the right to pursue a claim based upon such event, facts, or dispute.
14. Changes to this Agreement
We may change the terms and conditions of this agreement from time to time. By subscribing to VoIPAccess service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning VoIPAccess, including changes to this agreement. We may give you notice of a change by posting the change on the home page of VoIPAccess.com, on your account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using VoIPAccess service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. Disconnection fees and recovery fees will not be applicable to termination of service due to increases in service plan prices or other material changes if your account is in good standing and you call us to terminate within 30 days after posted notice of the change
15. Privacy
VoIPAccess Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. VoIPAccess is not liable for any lack of privacy which you may experience from using VoIPAccess service. Please refer to our Privacy Policy for additional information, such as how we use your information and how you can opt out of receiving marketing messaging.
You authorize us to investigate and/or review your credit history, including requesting a consumer report, both when you sign up for VoIPAccess service and at any time after you sign up, for any purpose, including, but not limited to, your initial qualification for an account, your continued compliance with the terms of your account and general customer base evaluation purposes not specifically associated with your account; and to share credit information about you with credit reporting agencies. Upon your request we will inform you whether or not we have requested a consumer report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report.
Updated: January 22, 2017
