Terms of Service
Everybody has them; here are VOIP.com's Terms of Service— the legal document
that explains what VOIP.com's responsibilities are and what you can expect. There's
a lot of dry legalese to trudge through, but it's also chock full of everything
you need to know to prevent frustrating misunderstandings.
Terms of Service:
These Terms and Conditions of Service (the "Agreement") are entered into by and
between the subscriber ("you," "your" or "Subscriber") and Quality Speaks LLC dba
VOIP.com ("VOIP.com", "PhonePower.com", "us", or "we"). Please be aware that, any
of the following actions, without limitation or qualification, constitutes your
acceptance and agreement to be bound by and to comply with all of the terms and
conditions of service of this Agreement: (a) your submission of an order; (b) your
accepting the terms and conditions electronically during the ordering process; or
(c) your use of the Service (as defined herein). Initial charges, including first
month service and shipping and handling charges are non-refundable immediately upon
submission of an order. This Agreement includes the terms set forth herein, the
referred to in this Agreement, all of which are incorporated herein by reference.
This Agreement sets forth the terms and conditions under which you agree to use
the Service and covers all or VOIP.com's plans. If you do not or are not willing
to be bound in its entirety by these terms and conditions of service, do not proceed.
Copyright and Licenses: The entire contents of this Agreement, the Services and
VOIP.com's website are protected under the United States copyright laws. The copyright
notices and other proprietary legends shall not be removed from the Services and
no right to use any trademark is granted under this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES
AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. EMERGENCY SERVICES - 911 DIALING
- 1.1 911 Dialing.
VOIP.com uses the same national 911 network that all traditional telephone companies
use. Be aware that 911 Dialing does not function in the event of a power failure
or disruption. If there is an interruption in the power supply, the Service, including
911 Dialing, will not function until power is restored. Following a power failure
or disruption, you may need to reset or reconfigure the Device prior to utilizing
the Service, including 911 Dialing. Service outages or suspensions or disconnections
of service by your broadband provider or ISP will prevent all Service, including
911 Dialing, from functioning. Disconnection of your account will prevent all Service,
including 911 Dialing, from functioning. Your ISP, broadband provider or other third
party may intentionally or inadvertently block the ports over which the Service
is provided or otherwise impede the usage of the Service. If you suspect this has
happened to you, you should alert us to this situation and we will work with you
to attempt to resolve the issue. During the period that the ports are being blocked
or your Service is impeded, your Service, including 911 Dialing, may not function.
You acknowledge that VOIP.com is not responsible for the blocking of ports by any
third party or any other impediment to your usage of the Service, and any loss of
Service, including 911 Dialing, which may result. In the event you lose service
as a result of blocking of ports or any other impediment to your usage of the Service,
you will continue to be responsible for payment of the Service charges unless and
until you disconnect the Service in accordance with this Agreement. If there is
a Service outage for any reason, such outage will prevent all Service, including
911 Dialing, from functioning. Such outages may occur for a variety of reasons,
including, but not limited to, those reasons described elsewhere in this Agreement.
You authorize us to disclose your name and address to third-parties involved with
providing 911 Dialing to you, including, by way of illustration but not limitation,
call routers, call centers and local emergency centers.
- 1.2 Registration of Physical Location Required. For each phone line that
you utilize with the Service, you must register the physical location where you
will be using the Service with us. Your initial location will be registered as a
part of subscribing to the Service. It is incumbent on you to confirm the accuracy
of your physical address through your online account and update it if you have any
changes, additions or transfers of phone numbers. When you move the Device to another
location, you must update your location. If you do not update your location, 911
calls you make may be sent to an emergency center near your old address. You may
update a location by logging on to your online account. For purposes of 911 Dialing,
you may only register one location at a time for each phone line.
- 1.3 Alternate 911 Arrangements. If you are not comfortable with the limitations
of the 911 Dialing service, you should make arrangements for an alternate means
of accessing traditional 911 or E911 services or disconnecting the Service. You
understand that additional arrangements should be made to access emergency services.
To access emergency services, you acknowledge and accept that it is your sole responsibility
to purchase, with a third-party separately from VOIP.com, traditional wireless or
wireline telephone service that offers access to emergency services. You further
recognize that VOIP.com is not a replacement for your primary telephone service
and you are hereby advised to maintain a traditional wireline or wire-based telephone
service at all times. By agreeing to these terms of service and by your use of the
Device, you acknowledge and accept that the Device may not support or provide emergency
service at all times. You represent and warrant to VOIP.com that you already have
made additional arrangements with a third party to access emergency services.
- 1.4 Network Congestion. Reduced Speed for Routing or Answering 911 Dialing
Calls. There may be a greater possibility of network congestion and/or reduced speed
in the routing of a 911 Dialing call made utilizing the Service as compared to traditional
911 dialing over traditional public telephone networks.
- 1.5 Disclaimer of Liability and Indemnification. We do not have any control
over whether, or the manner in which, calls using our 911 Dialing service are answered
or addressed by any local emergency response center. We expressly disclaim any and
all responsibility for the conduct of such local emergency response centers and
the national emergency calling center. 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 disclaim any and all liability or responsibility in
the event such third party data used to route calls is incorrect or yields an erroneous
result. Neither VOIP.com nor any of its officers, directors, members or employees
may be held liable for any claim, damage, or loss, and you hereby waive any and
all such claims or causes of action, arising from or relating to our 911 Dialing
service unless such claims or causes of action arise from our gross negligence,
recklessness or willful misconduct. You shall defend, indemnify, and hold harmless
VOIP.com, its officers, directors, members, employees, affiliates and agents and
any other service provider who furnishes services to you in connection the Service,
from any and all claims, losses, damages, fines, penalties, costs and expenses (including,
without limitation, attorneys fees) by, or on behalf of, you or any third party
relating to the absence, failure or outage of the Service, including 911 Dialing,
incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service
to be able to use 911 Dialing or access emergency service personnel.
- 1.6 Notify All Users. You should inform all household residents, guests and
other third persons who may be present at the physical location where you utilize
the Service of the important differences in and limitations of 911 Dialing as compared
with basic 911 or E911. The documentation that accompanies each Device will include
a sticker concerning the potential non-availability of basic 911 or E911 (the "911
Sticker"). It is your responsibility, in accordance with the instructions that accompany
each Device, to place the 911 Sticker on each Device that you use with the Service.
If you did not receive a 911 Sticker with your Device, or you require additional
911 Stickers, please contact our customer care department.
2. SERVICE. VOIP.com will provide you with digital
phone service, subject to the terms and conditions set forth herein (the "Service").
We recommend waiting until the Service is installed and tested for a few weeks before
assuming that the Service will be available and of good quality.
3. SUBSCRIBER INFORMATION. You acknowledge that you
are eighteen (18) years of age or older, and you agree that you have the legal authority
to enter into this Agreement and affirm that the information you supply to us is
correct and complete. You understand that VOIP.com relies on the information you
supply and that providing false or incorrect information may result in Service delays
or the suspension or termination of your Service. You agree to promptly notify VOIP.com
whenever your personal or billing information changes, including without limitation,
your name, address, telephone number, and credit card number and expiration date,
4. GENERAL PRICING AND FEES. VOIP.com's prices are
shown in the Pricing Schedule and you will be charged based on the Plan and Options
you select during the ordering process. A Subscriber who selects a "Month to Month"
Plan (a "Monthly Subscriber") will pay the monthly price(s) listed on the Pricing
Schedule corresponding to the Plan and Options chosen by such Monthly Subscriber
at the time of order. However, such monthly prices are subject at any time to increase
to VOIP.com's then current prices. A Subscriber who selects a "1 Year Contract"
Plan (a "Contract Subscriber") will pay the monthly price(s) listed on the Pricing
Schedule corresponding to the Plan and Options chosen by such Contract Subscriber
at the time of order. Such monthly prices for Contract Subscribers are guaranteed
for the initial twelve (12) month Term. Following the initial twelve (12) month
Term, a Contract Subscriber will automatically become a Monthly Subscriber and will
pay VOIP.com's then current prices, subject to increase as described above, unless
such Subscriber registers for a new "1 Year Contract" Plan at such time, to the
extent available. A Subscriber who selects a "Prepaid" Plan (a "Prepaid Subscriber")
will pay the full amount listed on the Pricing Schedule corresponding to the Plan
and Options chosen by such Prepaid Subscriber at the time of order. Following the
initial prepaid Term, as defined by the Plan and Options selected, a Prepaid Subscriber
will automatically become a Monthly Subscriber and will pay VOIP.com's then current
prices, subject to increase as described above, unless such Subscriber registers
for a new "Prepaid" Plan at such time, to the extent available. From time to time
VOIP.com may offer promotional packages to entice new customers to join. Unless
otherwise stated, these promotional packages are not valid for existing customers.
In addition to regular fees set forth in the Pricing Schedule, you agree to pay
all other charges, including but not limited to network usage, applicable taxes,
fees and surcharges, including charges imposed against VOIP.com by third party providers
that it passes on to you. The taxes and surcharges may vary on a monthly basis and
may change at any time without notice; any variations will be reflected in your
monthly charge. The current Regulatory Recovery Fee is one dollar and 98 cents ($1.98)
for all clients. E911 Recovery Fee is ninety-nine cents ($0.99) for all clients
in the US. VOIP.com collects a Federal, State and Local Services (FSLS) Recovery
fee for most voice services. This fee is a percentage of billable service, and covers
a variety of taxes, surcharges and fees billed by federal, regional and local agencies.
The current rate is 11.64%, and is subject to change without notice. When possible,
VOIP.com will break out such charges on the monthly invoice.
- 4.1 Taxes and Fees on Free Services. Any plan that comes with free service
will be assessed applicable taxes, surcharges, and fees periodically, based on the
details of the plan selected. These fees will be calculated based on the standard
price for the service. Services are subject to suspension and termination if balances
are not paid in a timely manner per Section 4 of VOIP.com's Terms of Service.
5. PAYMENT, LATE FEES AND OTHER CHARGES. There is
no money back guarantee for any Services unless specifically written in a special
one time promotion. There are no pro-rated refunds for unused time. All services
will be charged via automatic credit card withdrawal. Unless otherwise stated in
the Pricing Schedule, VOIP.com will invoice and charge Subscribers monthly. Subscribers
are responsible for paying monthly subscription fees while Services are suspended
due to non-payment. In the event that an account is terminated for any reason with
an outstanding balance, VOIP.com will continue to electronically charge the credit
card on file for the outstanding balance until all balances are fully resolved.
All disconnected accounts and all accounts suspended for non-payment are subject
to a fifteen dollar ($15.00) reconnection fee. Any requests for a change in telephone
number are subject to a fifteen dollar ($15.00) change fee. Subscribers are responsible
for any disputed charges beyond sixty (60) days from the date of the charge. Any
account which goes into collection status will be transferred to a collection agency
and incur a twenty-five dollar ($25.00) processing fee and all other applicable
fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge
on disputed credit cards and credit card chargebacks. Past due accounts will accrue
a monthly charge of one and one-half percent (1.5%) of the past due balance or one
dollar ($1.00), whichever is greater.
You are responsible for all charges attributable to your account incurred with respect
to the Services. You agree to notify VOIP.com immediately, in writing or by calling
the VOIP.com customer care line at (888)607-6937, if you become aware at any time
that Services are being stolen or fraudulently used. You are responsible for all
usage charges attributable to your account, even if incurred as the result of fraudulent
or unauthorized use by third parties, until you report the theft or fraudulent use
of the Services. You are solely responsible for securing all passwords and access
numbers to guard against and prevent unauthorized access to Services by third parties.
VOIP.com, may, but is not obligated to, detect or report unauthorized use or fraudulent
use of Services. You agree to save, defend, indemnify and hold VOIP.com harmless
from all claims, costs, liabilities and damages arising out of such fraudulent use.
- 5.1 Long Distance. Unlike most telephone service providers, VOIP.com provides
all local and long distance minutes within the continental US as a bundle within
your package. Actual long distance minutes are measured but not charged as long
as the client remains below their specific plan’s usage thresholds.
- 5.2 Residential Freedom Plan. Only residential addresses qualify for residential
pricing. If a residential line exceeds 3,000 outbound minutes per month, from your
bill date, within the continental US and Canada, VOIP.com may notify the client
and bill for excess minutes at $0.04 per minute.
- 5.3 Residential 500 Plan. Only residential addresses qualify for residential
pricing. If a residential line exceeds 500 outbound minutes per month, from your
bill date, within the continental US and Canada, VOIP.com may notify the client
and bill for excess minutes at $0.04 per minute.
- 5.4 VOIP.com Cloud PBX. Business lines qualify for advanced
business features such as auto attendant, music on hold, and toll free numbers.
This plan is designed for a small business. Each business line is allowed 5000 outbound
minutes per month, from your bill date, within the continental US and Canada. If
a business line exceeds 5000 outbound minutes, VOIP.com may notify the business
and bill for excess minutes at $0.02 per minute.
- 5.5 Residential and Small Business Premium Plan. If a Residential and Small
Business Premium line exceeds 5,000 minutes per month, from your bill date, within
the continental US and Canada, VOIP.com may notify the client and bill for excess
minutes at $0.02 per minute.
- 5.6 International Calling. International calling is enabled by default. Customers
may enable or disable it at anytime by logging into their My Account page. All International
calls are billed at their respective international rates which are updated on the
first Tuesday of each month. Any and all call charges are rounded to the nearest
whole penny. Each customer account is given a credit limit for international calls.
If an international calling balance exceeds the credit limit prior to their next
bill date, the account will be charged the balance immediately. Failure to pay will
result in suspension of service. All international calls are subject to an FCC-mandated
15.5% Universal Service Fund tax. This rate changes quarterly based on the information
located at the
- 5.7 Free International Calling. All VOIP.com Freedom,
Business, and Hosted PBX plans that include more than 500 minutes receive 60 minutes
of free international calling to qualifying destinations every monthly bill cycle.
500 and Metered Rate plans do not receive any Free International Minutes.
Premium International plans include 1200 minutes of free international calling to
qualifying destinations each month. Details of qualifying destinations can be found
using the International Phone Number and Rate Lookup tool, located on VOIP.com's
Page. These rates and qualifying destinations are subject to change on the
1st Tuesday of each month. This tool is the final arbiter of which phone numbers
qualify for Free International Minutes. After the allotted minutes of qualifying
calls have been made each month, standard billing will commence using the listed
rates for each destination.
- 5.8 Directory Assistance and Operator Services. Directory Assistance is charged
at $0.99 per call and $0.10 per minute after two minutes. Directory Assistance is
enabled by default on all new phone lines. Operator calls are billed at $3.00 per
call. Operator calling is disabled by default on all new phone lines, but may be
activated using the My Account Dialing Options.
- 5.9 Call Forwarding. Certain features such as call forwarding may incur outgoing
minutes automatically when they are enabled. All forwarded calls count against standard
minute usage caps. Before activating these features, consider this usage and whether
it will affect your usage thresholds.
- 5.10 Toll-Free Numbers. Toll Free numbers can be attached to any VOIP.com
service plan. Toll-Free numbers cost $5 per month plus $0.04 per minute, billed
in 1 minute increments.
Initial Billing Increment (seconds)
Additional Billing Increments (seconds)
Rate per Minute
- 5.11 Billing Increments. Any and all call charges are rounded to the nearest
whole penny. Current billing increments for available new plans are as follows:
Initial Billing Increment (seconds)
Additional Billing Increments (seconds)
Rate per Minute
Calling a Toll-Free Number
varies by plan
- 5.12 Click2Call. Click2Call calls are always two physical calls, one to the
source number and one to the destination number. Both of these calls are evaluated
for billing and accounting purposes separately.
No Minute Usage
Length of Call
Double Length of Call
- 5.13 Answer to Seizure Ratio (ASR). For each billing cycle, if a Subscriber's
outbound call attempts (including calls with a duration less than 6 seconds) exceed
their completed calls by a factor of three (3) or more, VOIP.com reserves the right
to charge an additional $.003 per call attempt for each call attempted, completed
or not, during that billing period. This ratio is calculated at the end of each
monthly billing cycle, based on the ASR over the entire billing period.
- 5.14 Unprovisioned 911 Calls. For each billing cycle, if a Subscriber places
one or more 911 calls but does not have a valid 911 address on file with VOIP.com,
VOIP.com shall charge $75 for each call placed. These charges are non-negotiable
and Subscriber waives the right to dispute these valid charges.
6. EQUIPMENT. VOIP.com provides the option to lease
the Subscriber either a new or used ATA (Phone Adapter), combination ATA and router,
or other equipment for using the Service. All used equipment is provided on as-is
basis and you agree to hold VOIP.com harmless for any defective equipment. Defective
equipment, including the original power supply, must be returned to VOIP.com at
VOIP.com’s expense via a provided UPS shipping label within 30 days of receiving
the replacement device. In the event of Service termination by either Subscriber
or VOIP.com, Subscriber must return to VOIP.com all leased equipment (ATAs, routers,
phones, etc) , including the original power supplies, in undamaged, usable condition
at Subscriber's expense within thirty (30) days of termination. In the event Subscriber
does not return the leased hardware to VOIP.com in working condition within such
thirty (30) day period, Subscriber must pay ninety-nine dollars and ninety cents
($99.90) plus applicable taxes per unreturned device to purchase the ATA(s) or combination
ATA and router(s) from VOIP.com. In the event Subscriber does not return all original
power supplies to VOIP.com, Subscriber must pay a ten dollar ($10.00) Replacement
Fee per unreturned power supply at the time the hardware is checked-in. Returned
equipment check-in can take up to 3 business days from the date of receipt. Hardware
purchased at a retail location or directly from VOIP.com is owned by the customer
and is exempt from the hardware return policy.
- 6.1 Subscriber Supplied Equipment. VOIP.com provides the option for Subscribers
to supply their own ATA (Phone Adapter). If a Subscriber supplies their own ATA,
the Subscriber assumes the risk of service incompatibility. Incompatible Subscriber
ATAs or other Subscriber equipment shall not relieve Subscribers from any of their
obligations under this Agreement while troubleshooting defective or incompatible
equipment even if Subscriber's Service is down during such periods of troubleshooting.
The current list of equipment that is compatible and approved for use with Phone
Power's service can be found at www.voip.com/byod.aspx. VOIP.com reserves the
right to add or remove equipment to this list at any time. VOIP.com reserves the
right to alter the software on Subscriber's ATA in order to guarantee compatibility
with VOIP.com's service. Any device used with VOIP.com's service must not be locked
or currently provisioned to any other provider and you must have the admin password
for said device. Any device received from another VoIP provider will most likely
NOT work due to this restriction.
- 6.2 Converting From Subscriber Supplied Equipment to VOIP.com Supplied Equipment.
Should a Subscriber who has supplied their own hardware wish to instead utilize
VOIP.com's leased equipment, this option is available by contacting our Support
Department. Subscriber must authorize VOIP.com to charge their account a one-time
fee for shipping and handling of this equipment, based on the current shipping rates
for new customers. This hardware is provided on a free-lease basis, subject to the
terms and conditions described in Section 6.0 of this Agreement.
- 6.3 Converting From VOIP.com Supplied Equipment to Subscriber Supplied Equipment.
Subscribers may convert from VOIP.com Supplied Equipment to their own equipment
by contacting our Support department. Any Leased equipment must be returned to Phone
Power within 30 days of converting to Subscriber Supplied Equipment.
- 6.4 Equipment Replacement. If any VOIP.com supplied equipment appears to
be malfunctioning, the Subscriber must contact Technical Support and work with them
to determine if the device is in need of replacement. Only a Technical Support representative
has the ability to determine if a device is in need of replacement. If a device
is determined to have malfunctioned due to manufacturer defect, a free replacement
will be provided at VOIP.com's expense. If a device is determined to have malfunctioned
for any other reason, including but not limited to incorrect power supply, customer
negligence, and damage from house wiring, Subscriber must pay a $49.95 damaged device
fee. After paying the damaged device fee, a Subscriber has several replacement options:
- Subscriber may request a new Free Lease as detailed in Section 6 above, plus $14.95
Shipping and Handling
- Subscriber may lease a refurbished ATA from VOIP.com for free, plus $7.95 Shipping
and Handling charge
- Subscriber may opt to provide their own device, as specified in Section 6.1 above
- 6.5 Expedited Replacements and New Leases. Any customer who is receiving
a new lease or replacement device has the option to request expedited shipping.
To authorize expedited shipping, Subscriber must agree to one of the following charges,
in addition to the appropriate standard Shipping and Handling fee:
- UPS 3-Day Select - $20
- UPS 2nd Day Air - $30
- UPS Next Day Air Saver - $40
- 6.6 SIP Credentials. Residential Subscribers on VOIP.com's Aquarius platform
may choose to have their SIP Credentials enabled via their My Account portal. To
enable SIP Credentials, Subscriber must understand and agree that VOIP.com will
not offer any technical support for any Subscriber device(s) using hand-configured
credentials. VOIP.com will continue to offer normal support for all auto-provisioning
devices, including VOIP.com supplied phone adapters, softphones, zippyphones, BYOD
devices that use VOIP.com’s auto provisioning system, etc. If a Subscriber is unable
to configure their device(s) appropriately, SIP Credentials must be disabled before
Technical Support will be provided. Subscribers using SIP Credentials have a limit
of 4 registrations and 2 concurrent calls. VOIP.com makes no assertions regarding
which devices may be properly configured for use on the VOIP.com network and any
account may be disabled at any time if, in VOIP.com's belief, Subscriber's device
is causing issues on or with the VOIP.com network.
7. TERM. This Agreement is effective upon Subscriber's
acceptance as provided above and shall continue until terminated by Subscriber or
VOIP.com pursuant to this Agreement.
- 7.1 Monthly Subscribers. Each Monthly Subscriber is on automatically renewing
monthly terms billed on the anniversary of their service commencement.
- 7.2 Prepay Subscribers. A Prepay Subscriber pays upfront for a specified
term ("Service Term"), including initial taxes and fees. The length of the Service
Term is determined by the service package selected by the Subscriber during the
sign-up or renewal process. If the Service Term is longer than twelve (12) months,
additional taxes and fees will be charged after the initial twelve (12) months have
passed. Following the initial Service Term, a Prepay Subscriber will automatically
become a Monthly Subscriber.
- 7.3 Contract Subscribers. A Contract Subscriber is on either a twelve (12)
month term or twenty-four (24) month term ("Contract Term") beginning on the day
such Subscriber accepts the terms of this Agreement as provided above. The length
of the Contract Term is determined by the service package selected by the Subscriber
during the sign-up or renewal process. VOIP.com provides a 30-day grace period during
which penalties will not be assessed for terminating a new contract. Any Contract
Subscriber who wishes to change or cancel their service plan during their Contract
Term will be assessed a Contract Termination Fee of $99 or the remainder of your
contract amount, whichever is less. Following the initial Contract Term,
a Contract Subscriber will automatically become a Monthly Subscriber.
8. TERMINATION BY SUBSCRIBER. Subscriber may terminate
this Agreement at any time for any reason by providing VOIP.com with a thirty (30)
day written notice in the form of a valid written termination request and paying
all fees and other charges accrued or otherwise payable under the terms of this
Agreement. Initial charges, including first month service and shipping and handling
charges are non-refundable immediately upon submission of an order. Such thirty
(30) day period begins on the date on which VOIP.com receives Subscriber's valid
written termination request. A Monthly Subscriber's termination will be effective
on the later of (a) the end of last day of the calendar month during which such
thirty (30) day period ends (e.g., a valid written termination request received
by VOIP.com any time during January will result in termination effective at the
end of February) or (b) the end of last day of the calendar month requested by the
Monthly Subscriber. A Contract Subscriber's termination, if received by VOIP.com
at least thirty (30) days prior to the end of their Contract Term, will be effective
at the end of such Contract Term, unless such Contract Subscriber requests an earlier
date. Notwithstanding the foregoing provisions of this section 8, if VOIP.com receives
a written termination request from a Subscriber, VOIP.com may, in its sole discretion,
terminate this Agreement on a date earlier than the date otherwise prescribed by
this section 8. If this Agreement is terminated prior to the end of a Contract Subscriber's
Contract Term, such Contract Subscriber must pay, in addition to all fees and other
charges accrued or otherwise payable under the terms of this Agreement, an early
termination fee in the amount of ninety-nine dollars($99.00) ("Early Termination
Fee") or the remainder of the contract amount, whichever is less. In the
event a Contract Subscriber terminates this Agreement prior to the end of their
Contract Term because of a service-related problem not caused by the Subscriber
that VOIP.com has failed to cure after what VOIP.com determines in its sole discretion
to be a reasonable amount of time based on the circumstances, the Subscriber is
entitled to a waiver of the Early Termination Fee. For such waiver to apply, the
reason for the waiver stated above must have occurred before termination and the
Subscriber must report such reason for termination to VOIP.com in the Subscriber's
valid written termination request. VOIP.com must in turn be given the opportunity
to resolve the problem and the Subscriber must be willing and able to troubleshoot
with VOIP.com. VOIP.com does not monitor Subscriber accounts for activity, and absence
of activity or cancellation of a Subscriber's Internet service will never constitute
a termination request. A written termination request is valid only if it includes
your VOIP phone number, main username, date you wish the service to be cancelled
and is submitted using one of the following approved methods:
- Navigating to http://www.phonepower.com/cancel
and submitting the form as directed.
- Via fax to: (818) 301-7465
- Via mail to: VOIP.com
Attn: Cancellation Department
20847 Sherman Way
Winnetka, CA 91306
9. TERMINATION BY VOIP.com. If, in VOIP.com's sole
and absolute discretion, (a) a Subscriber is in breach of any of the terms of this
Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber's
use of the Service is prohibited by law or is disruptive to, adversely impacts or
causes a malfunction to the Service, VOIP.com's servers or other equipment, or the
use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing
manner when dealing with VOIP.com's technical support staff, customer service staff
or any other VOIP.com employees or representatives; (d) VOIP.com receives an order
from a court of competent jurisdiction to terminate a Subscriber's Service; or (e)
VOIP.com for any reason ceases to offer the Service, then VOIP.com at its sole election
may terminate or suspend such Subscriber's Service immediately without notice. For
a termination in accordance with this paragraph, Subscriber remains liable for all
unpaid fees and other charges accrued or otherwise payable under the terms of this
Agreement, including without limitation the equipment charges set forth herein,
10. TERMINATED SUBSCRIBER. VOIP.com, in its sole
and absolute discretion may refuse to accept a Subscriber's application for renewal
or re-subscription following a termination or suspension of such Subscriber's use
of the Service. If a Subscriber's Service is terminated for any reason, such Subscriber,
upon approval by VOIP.com, may enter into a new Agreement and must pay a new setup
or activation fee as provided above. Upon the termination of a Subscriber's use
of the Service, VOIP.com has the right to immediately delete all data, files and
other information stored in or for the Subscriber's account without further notice
to the Subscriber.
11. TECHNICAL SUPPORT. VOIP.com assumes that all
Subscribers possess a basic understanding of their computers and their limitations.
VOIP.com will not train you in basic computer skills (e.g., deleting files or creating
directories). Technical support is intended to facilitate the setup of your properly
functioning computer system for access to our services. Your computer must have
an active working connection to the internet before any technical support will be
dispensed. If you are having problems connecting to the internet, you will need
to contact your Internet Service Provider (ISP) for assistance getting connected
first. Our technical support staff is not trained to, has no obligation to, and
will not assist you in installing and/or troubleshooting modems, network cards,
routers, complex network configurations or telephone lines, neither will they provide
any technical assistance or support for any third party Software. The scope of support
is limited to a single line analog telephone connected directly to our device. VOIP.com
is not responsible for connection problems due to a computer that is infected with
viruses, spyware or malware. It is the Subscriber's responsibility to initiate and
be available for technical support during VOIP.com's hours of operation. If a Subscriber
wishes to utilize VOIP.com's technical support, the Subscriber must be available
at the same location as the hardware to help troubleshoot the connection or computer
setup. VOIP.com assumes no obligation to provide support services for any third
party products or services, including but not limited to the quality of the connection
provided by the Internet Service Provider (ISP) or for problems with our service
caused by third party products or services. It is the responsibility of the subscriber
to troubleshoot any issues with third party products or services with the provider
of that service. VOIP.com does not provide on-site technical support.
- 11.1 Incompatibility With Other Services
- (a) Non-Voice Equipment Limitations. You acknowledge that our service may not be
compatible with all non-voice communications equipment, including but not limited
to home security systems, TTY, medical monitoring equipment, TIVO, satellite television
systems, PBX, Centrex, other private telephone networks, and dial-up modems. You
waive any claim against VOIP.com for interference with or disruption of these services
and equipment, as well as any claim that VOIP.com is responsible for any disruption
to your business, if applicable.
- (b) Hardware Compatibility Issues. There may be other internet services or hardware
with which our service may be incompatible, including but not limited to: Fixed
Wireless, Satellite, and Power over Ethernet connections. Some providers of broadband
service may provide modems that prevent the transmission of communications using
our service. We do not warrant that our services will be compatible with all broadband
services and expressly disclaim any express or implied warranties regarding the
compatibility of our service with any particular broadband service.
12. WARRANTIES AND LIMITATIONS OF LIABILITY. YOU
ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE
SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH
IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY VOIP.com
(BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). VOIP.com
(AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE,
SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS,
INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING
UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY VOIP.com OR ITS REPRESENTATIVES
SHALL CREATE A WARRANTY. USE OF VOIP.com TECHNICAL SUPPORT IS AT YOUR OWN RISK AND
IS NOT WARRANTED.
VOIP.com DOES NOT WARRANT OR GUARANTEE THAT VOIP SERVICE CAN BE PROVISIONED TO YOUR
LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN
IF VOIP.com HAS ACCEPTED YOUR ORDER FOR VOIP SERVICE. THE PROVISIONING OF VOIP SERVICE
IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT YOUR LINE IS
NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR VOIP.com SHALL HAVE ANY DUTIES OR
OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY PROVIDED
EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
VOIP.com DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY VOIP.com
WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE
UNINTERRUPTED OR ERROR-FREE. VOIP.com SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA,
OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION
OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
VOIP.com MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE,
THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY
FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY.
YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK
ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS
MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL VOIP.com (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS,
PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS
BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA
ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE
OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE
OR STRICT LIABILITY, EVEN IF VOIP.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO VOIP.com'S
THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH VOIP.com (AND ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), VOIP.com'S THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
VOIP.com RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST
YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT,
OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS VOIP.com (OR
ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS,
PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING
VOIP.com (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD
PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS
OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS
AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY
OF VOIP.com (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES),
ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT
EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
13. INDEMNIFICATION. You agree to defend, indemnify
and hold harmless VOIP.com and its officers, directors, members and employees from
and against all liabilities, costs and expenses, including reasonable attorney's
fees, related to or arising from: (a) any violation of applicable laws, regulations
or this Agreement by you (or any parties who use your account, with or without your
permission, to access the Service); (b) the use of the Service, the Software, the
Equipment or the Internet or the placement or transmission of any message, information,
software or other materials on the Internet by you (or any parties who use your
account, with or without your permission, to access the Service); (c) negligent
acts, errors, or omissions by you (or any parties who use your account, with or
without your permission, to access the Service); (d) injuries to or death of any
person and for damages to or loss of any property, which may in any way arise out
of or result from or in connection with this Agreement, except to the extent that
such liabilities arise from the active negligence or willful misconduct of the other
party; or (e) claims for infringement of any intellectual property rights arising
from the use of the Service, the Software, the Equipment or the Internet.
14. REVISIONS. VOIP.com may revise the terms and
conditions of this Agreement from time to time (including any of the policies which
may be applicable to usage of the Service) by posting such revisions to our website
at www.voip.com/voip_terms.aspx. You agree to visit this page and the links
therein periodically to be aware of and review any such revisions. Increases to
the monthly price of the Service for Monthly Subscribers shall be effective beginning
with the calendar month following the calendar month in which such increases are
posted. Revisions to any other terms and conditions shall be effective upon posting.
By continuing to use the Service after revisions are in effect, a Subscriber accepts
and agrees to the revisions and to abide by them. Any Subscriber who does not agree
to the revision(s) must terminate their Service immediately.
15. ASSIGNMENT. You agree not to assign or otherwise
transfer, this Agreement in whole or in part, including the Software or your rights
or obligations under it. Any attempt to do so shall be void. VOIP.com may assign
all or any part of this Agreement without notice and you agree to make all subsequent
payments as directed.
16. DISPUTE RESOLUTION WITH VOIP.com BY BINDING ARBITRATION.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most customer
concerns can be resolved quickly and to the customer’s satisfaction by contacting
VOIP.com customer care at (888)607-6937. In the unlikely event that VOIP.com’s customer
care department is unable to resolve a complaint you may have to your satisfaction,
both parties agree to resolve such disputes through binding arbitration, for claims
of $5,000 and greater, or small claims court, in the event the claim is less than
$5,000, instead of in courts of general jurisdiction. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge
or jury, allows for more limited discovery than in court, and is subject to very
limited review by courts. Arbitrators can award the same damages and relief that
a court can award. Any arbitration under this Agreement will take place on an individual
basis; class arbitrations and class actions are not permitted. For any non-frivolous
claim that does not exceed $75,000, VOIP.com agrees to pay all costs of the arbitration,
but in no event shall VOIP.com be responsible or costs incurred in bringing an action
in small claims court, unless directed otherwise by the court. In arbitration you
are entitled to recover attorneys’ fees from VOIP.com to at least the same extent
as you would be in court. Further, under certain circumstances (as explained below),
VOIP.com will pay you more than the amount of the arbitrator’s award and will pay
your attorney (if any) his or her reasonable attorneys’ fees if the arbitrator awards
you an amount that is greater than what VOIP.com has offered you to settle the dispute.
16.1 Arbitration Agreement.
- (a) VOIP.com and you agree to arbitrate all disputes and claims between you and
VOIP.com of $5,000 and greater. All claims less than $5,000 shall be addressed in
small claims court. This agreement to arbitrate is intended to be broadly interpreted.
It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us,
whether based in contract, tort, statute, fraud, misrepresentation or any other
- claims that arose before this or any prior Agreement (including, but not limited
to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which
you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to “VOIP.com”, “you,” and “us” include our respective subsidiaries, affiliates,
agents, employees, predecessors in interest, successors, and assigns, as well as
all authorized or unauthorized users or beneficiaries of services under this or
prior Agreements between us. Notwithstanding the foregoing, either party may bring
an individual action in small claims court. This arbitration agreement does not
preclude you from bringing issues to the attention of federal, state, or local agencies.
Such agencies can, if the law allows, seek relief against us on your behalf. YOU
AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND VOIP.com ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences
a transaction in interstate commerce, and thus the Federal Arbitration Act governs
the interpretation and enforcement of this provision. This arbitration provision
shall survive termination of this Agreement.
- (b) A party who intends to seek arbitration must first send to the other a written
notice of the dispute by certified mail ("Notice"). The Notice to VOIP.com should
be addressed to: VOIP.com 20847 Sherman Way Winnetka, CA 91306 (“Notice Address”).
The Notice must (1) describe the nature and basis of the claim or dispute; and (2)
set forth the specific relief sought (“Demand”). If VOIP.com and you do not reach
an agreement to resolve the claim within thirty (30) days after the Notice is received,
you or VOIP.com may commence an arbitration proceeding. During the arbitration,
the amount of any settlement offer made by VOIP.com or you shall not be disclosed
to the arbitrator until after the arbitrator determines the amount, if any, to which
you or VOIP.com is entitled. You may download or copy a form Notice and a form to
initiate arbitration from www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175.
- (c) After VOIP.com receives notice at the Notice Address that you have commenced
arbitration, it will promptly reimburse you for your payment of the filing fee,
unless your claim is for greater than $75,000. (The filing fee currently is $125
for claims under $10,000, but is subject to change by the arbitration provider.
If you are unable to pay this fee, VOIP.com will pay it directly upon receiving
a written request at the Notice Address.) The arbitration will be governed by the
Commercial Arbitration Procedures and the Supplementary Procedures for Consumer
Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association
(“AAA”), as modified by this Agreement, and will be administered by the AAA. The
AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879,
or by writing to the Notice Address. The arbitrator is bound by the terms of this
agreement. All issues are for the arbitrator to decide, except that issues relating
to the scope and enforceability of the arbitration provision are for the court to
decide. Unless VOIP.com and you agree otherwise, any arbitration hearings will take
place in the county (or parish) of your billing address. If your claim is for $10,000
or less, we agree that you may choose whether the arbitration will be conducted
solely on the basis of documents submitted to the arbitrator, through a telephonic
hearing, or by an in-person hearing as established by the AAA Rules. If your claim
exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless
of the manner in which the arbitration is conducted, the arbitrator shall issue
a reasoned written decision sufficient to explain the essential findings and conclusions
on which the award is based. Except as otherwise provided for herein, VOIP.com will
pay all AAA filing, administration and arbitrator fees for any arbitration initiated
in accordance with the notice requirements above. If, however, the arbitrator finds
that either the substance of your claim or the relief sought in the Demand is frivolous
or brought for an improper purpose (as measured by the standards set forth in Federal
Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed
by the AAA Rules. In such case, you agree to reimburse VOIP.com for all monies previously
disbursed by it that are otherwise your obligation to pay under the AAA Rules. In
addition, if you initiate an arbitration in which you seek more than $75,000 in
damages, the payment of these fees will be governed by the AAA rules.
- (d) If, after a finding in your favor in any respect on the merits of your claim,
the arbitrator issues you an award that is greater than the value of VOIP.com’s
last written settlement offer made before an arbitrator was selected, then Phone
If VOIP.com did not make a written offer to settle the dispute before an arbitrator
was selected, you and your attorney will be entitled to receive the alternative
payment and the attorney premium, respectively, if the arbitrator awards you any
relief on the merits. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees, expenses, and the alternative payment and
the attorney premium at any time during the proceeding and upon request from either
party made within fourteen (14) days of the arbitrator's ruling on the merits.
- pay you the amount of the award; and
- pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses
(including expert witness fees and costs) that your attorney reasonably accrues
for investigating, preparing, and pursuing your claim in arbitration (“the attorney
- (e) The right to attorneys’ fees and expenses discussed in paragraph (d) supplements
any right to attorneys’ fees and expenses you may have under applicable law. Thus,
if you would be entitled to a larger amount under the applicable law, this provision
does not preclude the arbitrator from awarding you that amount. However, you may
not recover duplicative awards of attorneys’ fees or costs. Although under some
laws VOIP.com may have a right to an award of attorneys’ fees and expenses if it
prevails in an arbitration, VOIP.com agrees that it will not seek such an award.
- (f) The arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide relief
warranted by that party’s individual claim. YOU AND VOIP.com AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and VOIP.com agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found to be unenforceable,
then the entirety of this arbitration provision shall be null and void.
- (g) Notwithstanding any provision in this Agreement to the contrary, we agree that
if VOIP.com makes any future change to this arbitration provision (other than a
change to the Notice Address) during the period of time that you are receiving Services,
you may reject any such change by sending us written notice within 30 days of the
change to the Arbitration Notice Address provided above. By rejecting any future
change, you are agreeing that you will arbitrate any dispute between us in accordance
with the language of this provision.
17. CHOICE OF LAW. You and VOIP.com agree that the
substantive laws of the state of your billing address except to the extent such
law is preempted for inconsistent with Federal law, will be applied to govern, construe
and enforce all of the rights and duties of the parties arising from or relating
in any way to the subject matter of this Agreement. In the event of a dispute between
us, the law of the state of your billing address at the time the dispute is commenced,
whether in litigation or arbitration, shall govern except to the extent that such
law is preempted by or inconsistent with applicable Federal law. To the fullest
extent permitted by law, you and VOIP.com 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 this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
18. COMPLIANCE. VOIP.com's failure at any time to
insist upon strict compliance with any of the provisions of this Agreement in any
instance shall not be construed to be a waiver of such terms in the future. If any
provision of this Agreement is determined to be invalid, illegal or unenforceable,
the validity, legality, and enforceability of the remaining provisions shall not
in any way be affected or impaired thereby, and the unenforceable portion shall
be construed as nearly as possible to reflect the original intentions of the parties.
The foregoing does not apply to the prohibition against class or representative
actions that is part of the arbitration clause; if that provision is found to be
unenforceable, the arbitration clause (but only the arbitration clause) shall be
null and void.
19. THINGS BEYOND VOIP.com'S CONTROL. VOIP.com will
not be liable for delays, damages or failures in performance due to causes beyond
its reasonable control, including, but not limited to, acts of a governmental body,
acts of God, acts of third parties, fires, floods, strikes or other labor-related
disputes, of other things we do not control, or an inability to obtain necessary
equipment or services.
20. ENTIRE AGREEMENT. This Agreement, including all
policies posted on VOIP.com's website, which are fully incorporated into this Agreement
by reference, constitutes the entire agreement between you and VOIP.com with respect
to the subject matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral. Any changes by you to this Agreement, or any
additional or different terms in your purchase orders, acknowledgements or other
documents, written or electronic, are void.
21. NOTICE. Notices by VOIP.com to you shall be deemed
given: (a) when sent to your primary contact email address, (b) when deposited in
the United States mail addressed to you at the address you have specified in your
account options or (c) when hand delivered to your home, as applicable.
22. ACCEPTABLE USE. Subscriber agrees to use the
VOIP Service in accordance with VOIP.com's acceptable use policy ("Acceptable Use
Policy"), published at www.voip.com/aup.aspx.
VOIP.com reserves the right to make changes to the Acceptable Use Policy without
published at www.voip.com/privacy_policy.aspx.
24. SURVIVAL. All obligations of the parties under
this Agreement, which, by their nature, would continue beyond the termination, cancellation
or expiration of this Agreement, including without limitation, those provisions
relating to Warranties and Limitation of Liability and Indemnification, shall survive
such termination, cancellation or expiration.
25. PHONE NUMBER CHANGES. Phone number changes will
incur a one-time fifteen dollar ($15) processing fee.
26. TRANSFERRING NUMBERS. VOIP.com gives customers
the option of transferring telephone numbers to or from our service. If transferring
a number away from VOIP.com, it is the customer’s responsibility to cancel their
service after the number has successfully transferred. Disconnected telephone numbers
are not eligible for transfer to or from our service. Cancelling an order to transfer
a telephone number to VOIP.com will require a $100 expedite fee to cancel.
27. MONEY BACK GUARANTEE. PhonePower.com proudly
stands behind our service with our 30 day satisfaction guarantee. Within the first
30 days of your activation you may upgrade or downgrade to any of our current promotional
rates or cancel your plan with absolutely no hassle. If cancelling, simply contact
customer service requesting cancellation, return the hardware to us and a full refund
will be issued. Customer only bears the cost of return shipping and any usage-based
calls (example: Operator or International calls).
28. CALLER ID SERVICE. VOIP.com sends current Caller
ID information with every call placed. For residential customers, Caller ID information
is "Last Name, First Name", with a maximum of 15 characters. For business customers,
Caller ID information is the business name, with a maximum of 15 characters. Caller
ID information is not customizable. VOIP.com has no control over the information
that any terminating telephone company chooses to display. All telephone carriers
update their Caller ID information periodically, but many companies do not update
as often as VOIP.com sends updated data. If a disparity is found between the information
that VOIP.com is sending and the information that a terminating telephone company
is displaying, it is the Subscriber's responsibility to contact the terminating
telephone company and request that they display the correct data. VOIP.com is not
responsible for errors involving spelling, punctuation, or capitalization of Caller
29. EXPEDITE FEE. Any modifications made to an order
prior to the port date will incur an expedite fee of $100.
30. ELECTRONIC COMMUNICATIONS. When you visit VOIP.com,
sign up for service with us, or send e-mails to us, you are communicating with us
electronically. By doing so, you consent to receive communications from us electronically
in return. It is the responsibility of the subscriber to maintain and update a valid
email address with VOIP.com at all times. VOIP.com will not be held responsible
for interruptions in service or cancellation of service for non payment due to an
email not being received by the subscriber or filtered out by the email provider
being utilized by the subscriber. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. VOIP.com sends regular account
notifications, balance notifications, and subscription renewal emails, these emails
cannot be opted out of. Periodic newsletters and feature update announcements can
be opted out of by the subscriber by clicking a link at the bottom of all optional
31. ACCOUNT USERNAME. The primary username on a customer account may not be
changed after the account has been created.