This Agreement is between VoIP Corp. ("we"), ( "us"), ("Company") or
( "VoIP™") and the user ("you"), ("End user"), ("Customer") or ("Subscriber") of VoIP™'s Residential or Small Business Communications services. ("Service"). This Agreement governs the Terms and Conditions, Service and any devices, such as an IP phone, VoIP™ V1, V3, V4 Wi-Fi phone, (ATA) Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you acknowledge that you are of legal age to enter into this Agreement and become bound by its terms. VoIP™ V-series application adapters may not work with service not provided by VoIP™ and are coded for your security.
The ("Term") of this agreement begins on the date that the company activates services and continues for the duration of the standard monthly service period as defined by the service plan or Subscription that is selected by the Customer's ("Subscription") or ("plan"). At the end of the current Term, the Term is automatically renewed under the same terms and conditions for a like term as the Term just ending unless the Customer provides VoIP™, prior to the end of the current Term, notification of intention to terminate the service. Customer may also be required to commit to a new minimum term if customer changes service plans or upgrades equipment or device during any existing term or minimum term. The Customer agrees to pay for the Services for the duration of the Term. Expiration of the Term does not alleviate the Customer of responsibility for paying all unpaid, accrued charges due hereunder. If the Customer chooses to terminate the service before the end of the current Term, the Customer will be immediately responsible for paying monthly service fees otherwise due for the duration of the Term. VoIP™ V-series adapters may not work with service not provided by VoIP™ and would be configured for your security. Customer represents that (1) he or she is at least 18 years of age and is legally competent to enter into this Agreement; (2) if acting on behalf of an entity, he or she is fully authorized to bind the entity.
Residential Use of Service:
If you have subscribed to VoIP™'s Residential services, the Service and Adapter are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting, voice blasts, home based business or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from VoIP™ in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay VoIP™'s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. VoIP™ reserves the right to immediately terminate or modify the Service, if VoIP™ determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use. Customer Lines associated with educational institutions are not eligible for this plan. Basic and Unlimited plans do not include multi-party conference calls, calls to 900 numbers, directory assistance, calling card, operator services, international calling and toll free calling services. If VoIP™ determines that usage is not consistent with typical residential customer usage, VoIP™ reserves the right to review usage of unlimited minute usage plans to ensure that there is no end-user abuse of such plans. End-User agrees to use unlimited minute plans for normal voice calls and will not employ methods or devices to take advantage of unlimited plans by using service excessively or for means not intended by VoIP™. VoIP™ may terminate service immediately if, in its sole discretion, End-User is abusively using the unlimited minute plan. VoIP™ reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, VoIP™ will post to the website currently located at www.myvoip.com/terms.html and in the control panel. Notice will be considered received by End-Users and such changes will become binding to End-Users, on the date the changes are posted to the website ("Change Date"), and no additional notice will be required. VoIP™ will post all changes thirty (30) days in advance of the effective date of change. End-User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End-User does not consent to the change of service and terminates this agreement, End-User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End-User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge may apply. VoIP™ may increase or decrease prices for the Services or Plans without providing any prior notice to End-User.
Small Business Use of Service:
If you have subscribed to VoIP's Small Business services, the Service and Adapter are provided to you as a Small Business user. This means that you are not to resell or transfer the service or Adapter to any other person for any purpose, without express written permission from VoIP™ in advance. You agree that the VoIP™ Small Business Plans do not grant the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting or other activities that are inconsistent with normal Small Business usage patterns and that such use is deemed unauthorized use. Such unauthorized use of the service will obligate you to pay VoIP™'s higher rates for such service for all periods in which you use or have used the Service. VoIP™ reserves the right to immediately terminate or modify the Service, if VoIP™ determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities. If VoIP™ determines that usage is not consistent with typical small business customer usage, VoIP™ reserves the right to review usage of unlimited minute usage plans to ensure that there is no end-user abuse of such plans. End-User agrees to use unlimited minute plans for normal voice calls and will not employ methods or devices to take advantage of unlimited plans by using service excessively or for means not intended by VoIP™. VoIP™ may terminate service immediately if, in its sole discretion, if the End-User is abusively using the unlimited minute plan. VoIP™ reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, VoIP™ will post to the website currently located at www.myvoip.com/terms.html and in the control panel. Notice will be considered received by End-Users and such changes will become binding to End-Users, on the date the changes are posted to the website ("Change Date"), and no additional notice will be required. VoIP™ will post all changes thirty (30) days in advance of the effective date of change. End-User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End-User does not consent to the change of service and terminates this agreement, End-User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End-User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge may apply. VoIP™ may increase or decrease prices for the Services or Plans without providing any prior notice to End-User. Basic and Unlimited plans do not include multi-party conference calls, calls to 900 numbers, directory assistance, calling card and operator services.
Lawful Use of Service:
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, defamatory, obscene, sexually explicit, profane, racially or ethically disparaging remarks or material of any kind when in VoIP™'s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. VoIP™ reserves the right to terminate your service immediately and without advance notice if VoIP™, 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 and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless VoIP™ against any and all liability for any such use that fails to comply with this Section. If VoIP™, in its sole discretion believes that you have violated the above restrictions, VoIP™ may forward the objectionable material, as well as your communications with VoIP™ and your personally identifiable information to the appropriate authorities for investigation and prosecution. You may not, nor may you allow others, directly or indirectly, to attempt to or actually: (a) disrupt, disable, impair or interfere with, overburden, alter or modify the Service or restrict or inhibit in any way any other visitor or user from accessing or using the Service, including, without limitation, by means of "hacking," "cracking" or defacing any portion of the Service, the Materials and/or any activities being conducted on or through the Service; (b) transmit any software, device, routine or other materials that contain any virus, worm, or other harmful, destructive or disruptive components; (c) use any robot, spider, site search/retrieval application, or other manual or automated device or process to retrieve, index, data and in any way reproduce collect any information about other visitors or users of the Service and/or any of the VoIP™'s employees, officers, directors, partners, representatives, agents or Information Providers by any means including, but not limited to, those described in this Agreement. You may not, nor may you allow others, directly or indirectly, to obtain or attempt to obtain any materials or information through any means not made expressly available through the Service.
Homeland Security Compliance:
Your use of the Service shall at all times comply with the provisions of the Homeland Security Act, as they may be amended from time to time. VoIP™ shall comply with any and all valid requests for information from any government and/or regulatory agency made pursuant to the Homeland Security Act.
VoIP™ Software Use:
VoIP™ hereby grants you a limited, non-exclusive, personal, non-assignable license to download, install and use the software onto a computer for your sole use to install, interact with and utilize. The software may only be used in connection with the Services provided by VoIP™. The software is provided to you as a residential user only. This means that you are not authorized to use, in any manner, the software for any commercial activities, profit-making or non-profit business, including but not limited to home office, business, sales, tele-commuting, tele-marketing, fax broadcast or any other activity that would be inconsistent with normal residential or small business usage patterns. This also means that you are not to share, resell or transfer the software, your username or password to any other person or entity for any purpose, without the express prior written permission from VoIP™. You agree that your use of the software for any commercial purpose will obligate you to pay VoIP™'s rates for commercial service on account of all periods, including past periods, in which you use, or have used, the software for commercial purposes. Further, your unauthorized use of the software, as defined above, will result in immediate termination of this Agreement.
Loss of Service Due to Power Failure/Disruption:
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption or disruption 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 equipment prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including the 911 calling feature.
Trademark/Copyrights/Unauthorized Usage of Intellectual Property:
VoIP™ 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 VoIP™ are and shall remain the exclusive property of VoIP™ and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the Trademark or Copyright used to provide the Service or provided to Customer in conjunction with providing the Service. If you decide to use the Service through an interface device not provided by VoIP™, which VoIP™ reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights.
Tampering with Device:
You agree not to change the electronic serial number or equipment identification of the Device or Adapter, or to perform a factory reset of the Device, without express permission from VoIP™ in each instance. VoIP™ 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.
Theft of Service:
You agree to notify VoIP™ immediately, in writing and by calling the VoIP™'s Tech Support, if you become aware at any time that your Service, username or password have been stolen or fraudulently used. When you call and write the Company to notify VoIP™ of such theft or fraudulent use, you must provide your VoIP™ number and a detailed description of the circumstances of the stolen or fraudulent use of Service. Failure to report such theft or fraudulent use to VoIP™ immediately may, at the sole discretion of VoIP™, result in the termination of your Service and additional charges to you.
Number Transfer on Service Termination:
VoIP™ may arrange for the transfer of the telephone number used in connection with the Service provided by VoIP™ to you upon your termination of the Service, provided: (i) your account has been properly terminated by you; (ii) your account with VoIP™ is completely current including payment for all amounts due Paid in full plus any disconnect fee; (iii) you request the transfer upon terminating your account in accordance with the procedures set forth by VoIP™ and you have not defaulted in any of your responsibilities or obligations to VoIP™. VoIP™ may, solely at the Company's discretion, release the telephone number that was ported in to VoIP™ by you and used in connection with your Service provided by VoIP™ to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service.
Return of Device:
The Device or Adapter must be returned to VoIP™ within the warranty period of the device depending upon (1) if the device is found defective by VoIP™ technical support and fails to perform. All Customer retained proof of purchase and original packaging and contents are undamaged and in original condition and any and all documentation and packaging materials are returned .If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact VoIP™'s customer service department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number or a RA number obtained from VoIP™. End User is responsible for return shipping charges of equipment. The return will not be honored if the End User fails to meet requirements mentioned above.
To obtain a return authorization number, user must contact billing@ 1-866-312-6288. A receipt will also be included with your purchase. Be sure to keep your receipt. The device and/or V-series adapter used in connection with the service shall be property of the customer and VoIP™ shall not be required in any event to return the device/adapter.
1.13 Use of Service and Device by Customers Outside the United States and Canada:
VoIP™ encourages use of the Service within the United States and Canada to other countries, VoIP™ does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and Canada and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.
1.14 Encryption and Password Security:
Customers agrees to keep all user names, passwords and all other user encrypted information strictly confidential. Customer further agrees not to disclose login information or passwords to any third party for the purpose of sharing of End-User's Service. Customer understands that Customer is liable for the cost of all off-network and international calls using Customer's login information. The Company reserves the right to immediately terminate End-User's Service where unauthorized multiple use of the same Customer's account is detected.
Emergency Services/ E-911 Dialing:
VoIP™ supports 911 dialing and E-911 within our normal operating services. E-911 is the service that automatically gives the Emergency Services your SERVICE LOCATION ADDRESS. Your service and adapter is portable to any broadband connection, however if you travel with your VoIP™ number, or move your number to a new address You MUST re-register that new Service location Address with VoIP™; otherwise, dialing 911 will connect you to the PSAP(Public Safety Answering Point) of the last registered physical Service Location Address location for your number and emergency operator answering the call will not have your exact address location, so you must be prepared to give them this information. All emergency calls would be routed to the public safety answering point and would display only the Services Location Address provided by the customer upon sign up. Service Location Address cannot be a PO box or storage area. You agree to advise all individuals of this limitation who may have occasion to place calls over this service from the location at which you have installed it. VoIP™ emergency dialing is only available on VoIP™ certified devices or equipment. When you dial 911 on your phone utilizing VoIP™ service, your call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or will be local emergency service personnel designated for the address you listed at the time you registered for the service. In addition, VoIP™ 911 service has fewer capabilities than traditional 911 service as follows:
VoIP™ 911 service will not function if your adapter fails or is not configured correctly or if your VoIP™ service is not functioning for any reason, including, but not limited to, in the event of a power outage, broadband service outage, or suspension or disconnection of your service because of billing issues. If there is a power outage, you may be required to reset or reconfigure the VoIP™ equipment prior to being able to use your VoIP™ service, including for 911 purposes. The PSAP or local emergency service dispatcher receiving VoIP™ 911 emergency call is only going to be able to capture location information if you are at your Service Location Address, It is Customer's sole Responsibility to designate a correct physical address for E-911. For technical reasons associated there is a possibility that your 911 call will produce a busy signal or will take longer to answer, as compared to traditional 911 calls. VoIP™ advises users maintain an alternative way to contact 911, as VoIP 911 is still in its infancy. 911 and E-911 services are not available for International subscribers.
2.1 Power Disruption/Outage:You acknowledge and understand that 911 dialing does not function in the event of a power failure. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service or 911 dialing.
2.2. Service Outage or Disruption Due to Suspension of Your Account:You acknowledge and understand that service outages due to suspension of your VoIP™ account as a result of billing issues will prevent ALL Service, including 911dialing.
2.3 DSL, Cable, Wireless Internet or Broadband Service Outage and Disruption:
You acknowledge and understand that service disruptions and outages by your DSL, Wireless Internet, Cable and/or Broadband Service Providers will prevent All Service including 911 dialing.
2.4 Other Service Disruptions:
You acknowledge and understand that if there is a service Disruption for ANY reason, such Disruption will prevent ALL Service, including 911 dialing. Such Disruptions may occur for a variety of reasons, including acts of GOD.
2.5 Mandatory Re-Activation of 911 Dialing:
It would require RE-Activation of your 911 dialing feature in the event if you move, relocate, change your physical address and move your device to a new location.
Subscriber agrees to defend, indemnify, and hold VoIP™, its affiliates, subsidiaries, agents or representatives and/or any other provider who furnishes services to Subscriber in connection with this Agreement, harmless from and against any and all claims, Service Disruptions, Inability to dial 911 due to Service outages or damages relating to this Agreement. This section survives termination of this agreement
2.7 Failure to Designate the Correct Physical Address When Subscribing to VoIP™ service: Failure to provide the current and correct physical address of your VoIP™ device will result in any 911 communication you may make being routed to the incorrect local emergency service provider. It is Customer's sole Responsibility to designate a correct physical address.
Charges and Payments:
Customer is to pay all charges invoiced to the Customer's account including, but not limited to, Starter's kit, monthly plan service charges or fees, taxes, equipment charges, and any other applicable charges. VoIP™ only accepts credit cards as a form of payment. Customer authorizes VoIP™ to periodically charge the current credit card account number provided by the Customer ("Credit Card") for all charges accrued during the applicable billing cycles for the duration of the Term. In addition to any other remedies available under law, if any charges are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, VoIP™ may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by VoIP™. No termination of the Services or of this Agreement shall relieve the Customer from paying any amounts due hereunder. Monthly service fees and premium feature charges are paid in advance of each month's service,
(International usage charges are not included in monthly fee or plan), and are charged on a per minute usage basis. All charges would be billed to the Customer's credit card. 411 directory assistance calls are not included in the calling plans and are subject to applicable rates. Check International rates for current exact rates. Your initial use of the Service Provided by VoIP™ authorizes VoIP™ to charge the credit card account number with VoIP™, including any changed information given to VoIP™, if the card expires or is replaced, for VoIP™ charges that accrue during the billing cycle. This authorization will remain valid until 30 days after VoIP™ receives your written notice terminating VoIP™ authority to charge your credit card. VoIP™ may terminate your Service at any time at its sole discretion, if any charge to your credit card on file with VoIP™ is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to VoIP™ for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by VoIP™ owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.
VoIP™ will bill you for Services on a monthly basis based on the usage charges in effect when the call placed and the monthly service charges in effect on the last day of your billing cycle. Monthly recurring plan charge begins accruing when the Service is available for your use; (B) You may be invoiced a prorated portion of your monthly recurring plan charge in the initial month of service. All monthly recurring plans are billed in advance depending on the Service plan, while monthly usage charges, including all International usage, 411 directory assistance and any applicable plan overage charges, are billed in arrears on the activation anniversary billing date of every month; (C) Unless the applicable Rates provided otherwise, VoIP™ will bill you in whole-minute increments with partial minutes of use rounded up to the next whole minute. VoIP™ only accepts credit card as a form of payment. At the Time of sign up you must give us a valid credit card with the billing address on the credit card matching your physical address. 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 VoIP™ immediately. We will bill all charges monthly to your credit card, including but not limited to: Starters Kit, monthly Service fees, international usage charges, 411 directory assistance charges if applicable, activation and shipping and handling charges. VoIP™ reserves the right to bill at more frequent intervals if the amount due at any time exceeds $30. Online Billing Solution is available for all Residential and Small Business Customers Only.
3.3 Billing Disputes:
You must notify VoIP™ in writing within 30 days after receiving your credit card statement, You must submit a documented claim regarding the disputed amount within 30 of your credit card statement of the bill on which the disputed charges appear. All claims regarding disputed charges not submitted to VoIP™ within such time are deemed waived. Billing disputes should be notified to the following address:
5644 Revelwood Loop,
Winter Park, FL 32792
3.4 Price Changes: We may change the prices and charges for the Services and/or international calling from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services and/or international calling are effective no sooner than Ten days after we post them on our web site at www.myvoip.com. Increases to charges that recover our costs associated with government programs are effective no sooner than 3 days after we post the increases on our web site.
(b) Failure to Pay: Upon advance notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service and dialing Emergency 911 services.
Termination of Service:
VoIP™ reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, Customer's breach of this Agreement, Customer's failure to pay any sum due hereunder, suspected fraud or other activity by Customer that adversely affects the Services, VoIP™ network or other End user's use of the Services. VoIP™ reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and Customer agrees that VoIP™'s determination is final and binding on Customer. Customer will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges.
Taxes on Service:
Any applicable sales, use, excise, public utility, federal, state, municipal, local or other government sale, use, excise, value-added, or other taxes, fees or charges imposed on VoIP™ as a result of providing the Service will be billed to your account. Customer is responsible for, and shall pay any and/or all applicable taxes, fees or charges, mentioned above, now in force or enacted in the future by the regulating authorities in result of service provided to the Customer by VoIP™.
Customer will be charged a disconnect fee of $39.99 per voice line upon termination of Service for any reason or for convenience by Customer. The disconnect fee becomes due and payable immediately upon termination and will billed directly to Customer's credit card. If Customer has multiple lines, Customer will be charged a disconnect fee of $39.99 per line for each line disconnected. The Customer would not be charged a disconnect fee if service is cancelled within the 30 day money back guarantee period.
No Warranty On Service:
.VoIP™ will use reasonable efforts under the circumstances to maintain its overall network quality. The quality of service provided hereunder shall be consistent and standardized with carrier industry standards. VoIP™ makes no other warranties about the service provided, express or implied. Neither VoIP™ nor any of its affiliates, nor the directors, employees or other representatives or any of them, is liable for damages arising out of or in connection with the use of Service and or Device provided by VoIP™ to the Customer. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, degradation of voice quality or loss of content, loss of or damage to property and claims of third parties. VoIP™ agents or installers are informational and are not given as a warranty of any kind. VoIP™ makes no express representations or warranties about its services and disclaims any implied warranties, including but not limited to or implied warranties of merchantability or fitness for a particular purpose. VoIP™ does not authorize anyone to make a warranty of any kind on its behalf and End user may not rely on any statement of warranty. VoIP™ is not the manufacturer of the Device or adapter used by the End user and the only warranty applicable to the device used in connection with the services provided by the device or adapter manufacturer. This section survives termination of this Agreement.
Limited Warranty on Device or Adapter:
Each VoIP™ Device or Adapter comes with a limited (1) one year warranty provided by the manufacturer. The warranty for the Adapter or Device that you ordered is either included with the product itself or can be obtained from the product manufacturer.
Cancellation of Services:
After the first 30 days, if you cancel your service for any reason or are terminated for violation of terms of service, you will be charged a Disconnect Fee of $39.99 per line, and pay to VoIP™, immediately upon demand, (1) all sums then due and unpaid plus (2) the disconnect fee. Monthly or Annual Service Plan is the service plan picked by the subscriber at sign up. You must return the device within 15 days of cancellation of service. All Customer retained proof of purchase and original packaging and contents are undamaged and in original condition and any and all documentation and packaging materials are returned .If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact VoIP™'s customer service department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number or a RA number obtained from VoIP™. End User is responsible for return shipping charges of equipment. A $49 charge for the equipment would apply if the equipment is not returned to VoIP™ or Customer fails to meet the above requirements.
4.0 Changes and Notices To This Agreement:
VoIP™ may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on the website. Agreement and Notices posted supercedes all previously agreed to electronic and written Terms of Service.
4.1 LAW / RESOLUTION OF DISPUTE
The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any dispute or claim between Customer and VoIP™ 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 (or, for Customers subscribing to service in Canada, a Canadian arbitration organization of VoIP™'s choosing will be selected). The arbitration shall take place in Orlando, Florida (or, for Customers subscribing to service in Canada, Toronto, Ontario) and shall be conducted in English. 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.
Arbitration Filing Procedure:
Before you take a dispute to arbitration or to small claims court, you must first contact our customer account representatives at the customer service number on your VoIP™ bill for the Services, or write to us at VoIP™, 10151 University Blvd #349 , Orlando, Florida 32817. You must give us an opportunity to resolve the dispute. Similarly, before VoIP™ takes a dispute to arbitration, VoIP™ must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or VoIP™ is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying VoIP™ within thirty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
4.3 Governing Law:
The Agreement and the relationship between you and VoIP™ shall be governed by the laws of the State of Florida (or, for Customers subscribing to service in Canada, applicable Canadian law) without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 4.1, you and VoIP™ agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida (or, for Customers subscribing to service in Canada, courts sitting within the province of Ontario) and waive any objection as to venue or inconvenient forum. The failure of VoIP™ to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
These terms and conditions (but expressly not including any terms and conditions of End User's documents, including any purchase order) constitute the entire agreement with regards to this sale and expressly supersede and replace any prior or contemporaneous agreements, written oral, relating to said sale. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.