Service Terms & Conditions
SERVICE AGREEMENT / TERMS & CONDITIONS
The following terms and conditions apply to the provision of service by Voip Telecom International (Company) or one of its subsidiaries to you, our customer. Upon registration and activation of your telecommunications services handset on the company's VoIP network, receipt of these Terms and Conditions of Service will create
a binding Agreement between you and the Company. The Company will provide you with at least 10 days' prior notification of any change or modification to these Terms and Conditions of Service or to the Company's rates. By your continued use of the Company's service following receipt of notice of such changes, you will be deemed to have accepted and agreed to them.
GENERAL
By subscribing to and using the Company's service, you agree to pay all applicable fees and abide by these Terms and Conditions of Service. In order to activate your account, you will be asked to provide certain information, including information necessary to conduct appropriate credit verification, and to select a payment plan. You agree that any information you provide the Company or its representatives is truthful and accurate, and that the Company may make a credit inquiry on your behalf. The Company may at any time set a credit limit that would apply to all outstanding charges on your account or require you to make a deposit or other prepayment for activation or continuation of service. Any such deposit or prepayment may be applied to amounts past due on your account. Your deposit or prepayment will not bear any interest, and any balance remaining after termination of your service and payment of any outstanding charges on your final bill will not be refunded, unless required by law. The Company may terminate or suspend your service if you exceed your account's credit limit.
BUYER'S RIGHT TO CANCEL
You may use our service for one hour without any risk whatsoever. You may cancel at any time during the first 3 days (if you have not used more than one hour of service). You do not need a reason to cancel. If you cancel this contract, the seller has 15 days to refund your money. To cancel you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery.
USE OF SERVICE
Service is furnished subject to the condition that there will be no abuse or fraudulent use of the service. You agree that you will not use the service for any unlawful purpose. You are solely responsible for complying with any applicable rules and regulations of the Federal Communications Commission and any other federal, state, or local regulatory authority. Service may be temporarily unavailable or limited because of capacity, natural or artificial conditions adversely affecting transmissions, or to equipment modification, upgrades, relocations, repairs, and similar activities necessary for the proper or improved operation of the service. The Company is not liable for any act or omission attributable to facilities that are not owned by the Company and
which are used in connection with the service. The Company carries no liability for the lack of access to 911 if you do not maintain current payments.
BILLING & PAYMENT
You are responsible for paying all fees; service charges; federal, state, city, and county taxes; and any other charges levied on service or equipment no later than the due date specified on your billing statement. All amounts not paid when due will be subject to a $15.00 late charge or the maximum rate allowed by law, whichever is less. If a credit card number has been provided to the Company for activation or other purposes, you hereby authorize the Company to charge any past-due amounts on your billing statements to such credit card number. You also will be responsible for all costs and expenses of collection of the past-due amounts, including reasonable attorneys' fees. When you pay by check, you expressly authorize that if your check is dishonored or returned for any reason, the company can electronically debit your account for the amount of the check, plus a $25.00 processing fee or the maximum amount permitted by law for returned checks. In the ordinary course of business, your check will not be provided to you with your bank statement, but a copy can be retrieved by other means. Your usage of a check for payment is your acceptance of this agreement and its terms. Monthly charges for all services are billed in advance; usage charges, along with applicable taxes and surcharges, will be billed in arrears for services used during the previous month.
PAYMENT AUTHORIZATION
For Direct Debits: By signing the Agreement, you authorize the transfer of funds between your accounts held by the designated institutions for the amount and the frequency defined by your payment plan for the purpose of receiving funds due under your obligations. You authorize the institutions involved to accept the debit or credit entries initiated by Company and to debit or credit the respective account(s) shown. You understand that the rights of the institutions in respect to each transfer of funds shall be the same as if the transfer were drawn on the institutions and signed personally by you.
For Credit Cards: By signing the Agreement, you authorize the initiation of a charge to your credit card account for the amount and the frequency defined by your payment plan for the purpose of receiving funds due under your obligations.
You authorize the institutions involved to accept the credit card charge entries initiated by Company and to charge the respective account(s) shown. For Checks: You further agree, by signature to this document, that the Company is given the option to truncate all existing and future payments by check received from you. The authority is to remain in effect until revoked by you in writing, and until such notice is actually received, you agree that each institution shall be fully protected in honoring such transfers. You further agree that if any transfer is dishonored by your banking institution, whether with or without cause and whether intentional, unintentional, or inadvertent, the institution and the Company shall be under no liability. You have read and understood this Agreement in its entirety. You agree to the terms and conditions of this Agreement and to the automatic transfer of funds, automatic credit card charging, and payment truncation as stated in this Agreement.
DISPUTES
The Company must be notified of disputes with respect to charges billed to you on your monthly billing statement within 20 days of the date of the billing statement or you will be deemed to have agreed to the billing statement. Notice of any dispute must be in writing. Any unresolved dispute, controversy, or claim arising out of or relating to the Company's service, including but not limited to a claim based on or arising from an alleged tort, shall be settled by arbitration administered by the American Arbitration Association. The arbitrator is authorized, in the exercise of his or her discretion, to award costs and reasonable attorneys' fees to the prevailing party. The arbitrator shall have no authority to award punitive damages, any damages exceeding the limitation of liability described below, or any other damages not measured by the prevailing party's actual damages. Neither party shall seek punitive damages relating to any matter arising out of or relating to the Company's services. The parties acknowledge that use of the Company's service evidences a transaction in interstate commerce. The United States Arbitration Act and federal arbitration law shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause.
ALTERATION/TERMINATION OF SERVICE
You may terminate your service completely by contacting a customer service Representative. The Company reserves the right to impose a nominal surcharge for any rate plan changes. In addition, the Company may terminate or suspend your service if you fail to pay any amounts due or if you fail to comply with the other Terms and Conditions of Service. Upon any termination of your service, you will remain responsible for charges incurred before or during any suspension of service resulting from a failure to comply with these Terms and Conditions of Service. Reactivation of any account suspended or terminated for any reason shall be subject to the payment of the Company's reactivation charge then in effect. The provisions of this Agreement will survive any termination hereof as necessary to give effect to these Terms and Conditions of Service.
DISCLAIMER OF WARRANTIES
The communications service to which you have subscribed (the "service"), is provided by Voip Telecom International, Inc. at the sole risk of the user. The service is provided primarily as Voice Over Internet Protocol (VoIP), a relatively new method of providing voice communications that allows for significant reduction in the cost of customer calls. VoIP is transmitted over a combination of backbone fiber optic cable and telephone lines for origination and termination of traffic. Neither the service providers, licensors, employees or agents warrant that the system will be uninterrupted or that the information or access will be error-free; nor do the service providers or any of their information providers, licensors, employees or agents make any warranty as to the results to be obtained from use of the service. Customers may on occasion experience dropped calls or find it necessary to redial for a clearer connection. Other than those warranties that are incapable of exclusion, restriction or modification under the laws applicable to this agreement, the service is available on an "as is" basis without warranties of any kind, either expressed or implied.
LIMITATION OF LIABILITY; INDEMNITY
Neither Voip Telecom International, Inc., the service providers nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental, special, exemplary or consequential damages arising out of use of the service or inability to use the service (including, but not limited to, loss of profits, goodwill or savings, downtime, damage to or replacement of programs and data arising from claims based in warranty, contract, tort (including negligence), strict liability, or otherwise, (but excluding claims arising out of personal injury or death caused by the negligence of the service providers) even if any such party has been advised of the possibility of such claim or damage. The provisions of this agreement are for the benefit of Voip Telecom International, Inc., the service providers, licensors, employees and agents and each shall have the right to assert and enforce such provision directly on its own behalf. The provisions of this paragraph and the preceding paragraph will survive any termination of this agreement.
The Company's liability to you for any actual loss, damage, or expense arising out of or related to mistakes, omissions, interruptions, delays, errors, or other defects in service during any period shall not exceed the Company's charges to you during such period. In no event shall the Company be liable under tort, contract, or other legal theory for lost business, profits, or revenues; damage, accident, injury to person or property; or any other loss, damage, or expense, including any indirect, special, or consequential damages, arising from the use of the equipment, the service, or other actions of the company, whatsoever and howsoever caused.
You acknowledge that, with respect to any equipment, the Company's network, or any service provided thereby, the Company has made and makes no representations or warranties of any kind or nature, directly or indirectly, express or implied, as to any matter whatsoever, including suitability, quality, merchantability, durability, fitness for any particular purpose, condition, or treatment for tax purposes. The only applicable warranty shall be that provided by the manufacturer of your handset accessories.
You agree to indemnify, defend, and hold the Company and its affiliates, officers, directors, and employees harmless from and against any and all claims, actions, liabilities, losses, damages, costs, expenses, and reasonable attorney's fees arising from or in connection with any breach by you of this agreement and any of your acts or
omissions undertaken with respect to the service.
SERVICE QUALITY
Voip Telecom International, Inc. cannot and does not take responsibility for the quality or availability of the Service, and disclaims any warranties, expressed or implied, on products or services listed as part of or constituting the Service. NO LICENSOR, DISTRIBUTOR, EMPLOYEE, AGENT OR REPRESENTATIVE OF VOIP TELECOM INTERNATIONAL, INC. HAS THE RIGHT TO CHANGE OR AMEND THESE TERMS OF SERVICE. If you have questions concerning any representations made to you that are in conflict with these terms and conditions, please e-mail Voip Telecom International, Inc. at customerservice@vtinet.net.
OTHER PROVISIONS
These Terms and Conditions of Service are the complete and exclusive statement of the Agreement between you and the Company and supercede all previous agreements, arrangements, and understandings between the parties, whether oral or written. If any part of this Agreement is contrary to, prohibited, or deemed invalid under applicable laws or regulations, such provisions shall be deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder shall continue in full force and effect so far as possible. If the Company shall determine from time to time not to enforce any provision hereof, such determination shall not be construed as a waiver nor diminish the Company's rights hereunder. All provisions of this Agreement in
relation to disclaimers of warranties; limitation of liability, remedies, or damages; and the Company's proprietary rights shall survive termination.
ACCEPTABLE USE POLICY
VTI services may be used ONLY for lawful purposes. In accessing the VTI system(s) and service(s), user(s) agree that the use of VTI system(s) or service(s) will not be in any violation of national, state/provincial, or local statutes, rules and regulations. This includes material that is legally obscene, threatening, libelous, or a trade-secret violation, patent or copyright conflict. User(s) agree to indemnify and hold VTI and its owners, officers, employees, suppliers of services, and agents harmless against any and all claims, demands, suits, judgements, causes of action. Losses, expenses, fees (including attorney's fees), liability or damages for libel, slander, or infringement of copyright from material transmitted via VTI systems or services, or arising from the usage of VTI or other network services. VTI shall not be responsible for ANY losses that user(s) suffer from the use of VTI and its other network services, including but not limited to interruption of service, "computer viruses," incomplete, incorrect delivery or delay of information regardless of cause. VTI makes no implied warranties or representations of any kind for the subscriber services through a VTI subscriber account. This indemnity shall survive the termination of the Agreement.
User(s) agrees that the security of his (her) account, including PIN number(s), is his (her) responsibility and that all use which emanates from his (her) account will be considered to be undertaken by him (her) unless it can be shown
to have been authorized intrusion. User(s) agrees to notify VTI immediately if he (she) believes that the account has been, or is being compromised.
The VTI system is intended for normal telephone usage only. Normal is considered as amounts usual to regular business hours and operations or regular residential use. User(s) agree not to abuse VTI system(s). The following activities are NOT allowed and will be considered abuse. A subscriber who abuses the VTI system(s) will be disconnected immediately without warning and will forfeit all fees paid to VTI.
- VTI system(s) may NOT be used for telemarketing
- VTI system(s) may NOT be used for fax blasting
- Data calls made by modem are NOT permitted
- Internet access numbers may NOT be dialed
- Interconnecting remote telephone lines with the registered line is NOT permitted
- VTI system(s) may NOT be used for predictive dialers
- Toll-free information calls are NOT supported
- Long distance information calls are not supported (NPA-555-1212)
- Calls to 900 or 976 type numbers are not supported
- Payphones may NOT be registered as a subscription
- VTI system(s) will NOT allow multiple users for multiple lines.
VTI may disconnect a subscriber for any reason that it deems appropriate. Subscribed users agree to notify the VTI Network Operations Center of any changes regarding account information within 10 days of the change, which includes change of address, charge card information, etc.
VTI reserves the right to modify these account terms and conditions at any time. Further, VTI reserves the right to change the services offered and cost of said services at any time to reflect the cost of operation when it is necessary. Notification of said changes via on-line in conspicuous place shall constitute proper notice.
This agreement which is not transferable, shall automatically continue at the end of the initial term to the monthly anniversary date unless the user(s) notify VTI in writing at least 10 days before expiration of the subscriber's account.
Subscribers also understand that any violation of these subscriber account Terms and Conditions may result in immediate termination of his (her) remaining subscriber account subscription fees. Subscriber(s) affirms that he (she) has read this subscriber account Terms and Conditions and agrees with its terms and conditions as specified above.
ADDITIONAL TERMS AND CONDITIONS FOR EZ PCS™ PREPAID CELL PHONE SERVICE
Voip Telecom International, Inc. (VTI) provision of wireless cellular services ("Services") to You is expressly conditioned upon the following Terms and Conditions and any use or other restrictions which may be associated with the Service ("Service") selected by You (collectively, the "Agreement"). Any terms and conditions proposed by You which are in addition to or which conflict with these Terms and Conditions are expressly rejected by VTI and shall be of no force or effect. By using the Services, You shall be deemed to have agreed to and accepted these Terms and Conditions.
SERVICES
Unless restricted by Your Prepaid Cellular Phone Services available include all wireless cellular services generally available through VTI. VTI is a reseller of cellular airtime from various cellular carriers across the United States. The Service is subject to the underlying carrier's service quality and coverage area. All cellular services shall be provided in a fashion deemed as reasonable by industry standards and VTI shall not be liable for any failure in the underlying Carrier's service. Your home area shall be defined by the underlying carrier and the restrictions set in your phone. Any use of your Prepaid Cellular phone outside of your home area shall be roaming. Roaming shall use the airtime units in higher decrement rate than standard home rates. Each and every 30 days you shall be required to purchase and load a Recharge Card to maintain your service and maintain the Prepaid Cellular Phone as active with you current Cellular Phone number assigned. In the event you do not purchase a Recharge Card as required, you shall have your Service suspended the Prepaid Cellular phone shall be deactivated and the Cellular Phone number shall be re-assigned to someone else by VTI. In the event VTI de-activates your Prepaid Cellular Phone and you wish to reactivate your Prepaid Cellular Phone, you may be charged the prevailing activation fee for a new Cellular Phone Number. Upon de-activation, any unused airtime in the phone shall be deleted. Recharge Cards must be activated by you in the manner prescribed by VTI. Recharge Cards, which have not been activated (loaded) within one year of issuance will expire.
Fees and Charges – All Airtime Card purchases are non-refundable for any reason.
You shall timely pay all fees and charges accruing hereunder. Amounts due and owing to shall not be subject to offset or reduction for any reason. If applicable, VTI shall be authorized to prepare, process and negotiate credit card charge forms for any credit card account and/or direct bank account debit forms for any bank account designated by you in and for all fees and charges payable by you under the Agreement. All sales, use and other such governmentally imposed or authorized taxes, fees, surcharges and/or assessments relating to the Agreement shall be paid by you. VTI reserves the right to modify the fees and charges for the Services without notice. All Rates or Unit Decrement Rates are subject to change without notice. You shall be charged applicable State, Local and Federal Telecommunication Taxes by a prorated applicable increase in the unit rate to account for Taxes. Airtime Units per Minute of Phone use are: LOCAL CALLS=1 unit per 1 minute of airtime plus a prorated charge for any applicable telecommunication taxes; LONG DISTANCE is also 1 unit per 1 minute of airtime plus a prorated charge for any applicable telecommunication taxes; ROAMING CALLS=no additional charge if calling on the Sprint Network; TOLL FREE(800,888,877)=1 unit per 1 minute; 411 CALLS=Flat 3 unit charge for first minute, 1 unit per minute for each additional; 611 CALLS=1 unit per 1 minute; INTERNATIONAL CALLS=not available; *rates are subject to change without notice. Customers are charged for the time that either the Customer, or his/her authorized users are 'using' or connected to the Carrier's cellular system or any other provider of cellular service. 'Cellular Use' begins when the user presses to make a call or receive an incoming call. You may be charged for calls ending in a busy signal, no answer, or "not completed as dialed". 'Cellular Use' does not end until the Customer or authorized user presses the key, or the call is terminated in some other manner. Partial minutes used are rounded up to the next full minute. Both units and calls are always deducted in full minute increments.
Disclaimer of Warranties and Limitation of Liabilities
- VTI, ITS EMPLOYEES, SALES AGENTS AND REPRESENTATIVES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SERVICES OR THE WIRELESS NETWORKS THROUGH WHICH THE SERVICES ARE PROVIDED, AND HERBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INLCUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Under no circumstances shall VTI, ITS EMPLOYEES, SALES AGENTS AND REPRESENTATIVES, be liable to you or any other person for any loss, injury or damage, of whatever kind of nature, resulting from or arising out of any mistakes, error, omissions, delays or interruptions in the receipt, transmission of any calls, signals or information arising out of or in connection with the Services or use of the VTI wireless messaging network. WITHOUT LIMITING THE GENERABILITY OF THE FOREGOING, IN NO EVENT SHALL VTI, ITS EMPLOYEES, SALES AGENTS AND REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF SUCH PARTIES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF THIS AGREEMENT OR OTHERWISE.
- EXCEPT TO THE EXTENT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN COLLATERAL MATERIAL FURNISHED WITH YOUR PREPAID CELLULAR PHONE, VTI MAKES NO WARRANTIES AS TO ANY PREPAID CELLULAR PHONE UTILIZED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
Term and Termination
- This Agreement shall have the term dictated by the Recharge Card selected by you. Recharge Cards come with a pre-defined number of prepaid airtime units which have a term equal to (a) the term designated on the Recharge Card, or (b) depletion of the prepaid airtime units, whichever occurs first. The initial term of this Agreement shall commence, as of the date Services first become available to you. Given the nature of prepaid plans, VTI will not have the information necessary to give you notice of expiration and an option to renew. For such plans, you will be required to contact VTI to renew your Service account.
- Upon the occurrence of an event of default, VTI shall have the right to terminate the Agreement immediately. As used herein, the term "event of default" shall mean the failure by you to observe or perform in any material respect any of the covenants or agreements contained herein or illegal use of the products. No termination of the Agreement will relieve you from any amount due or owing to VTI or any liability arising from any breach of this Agreement.
Notices
All notices required or permitted hereunder shall be in writing, certified mail, return receipt requested, to Voip Telecom International, Inc. 44 Mine Road Suite 2, PMB 209, Stafford, VA 22554 Attn: Customer Service, and to you, if applicable at the address designated by you when activating you Cellular Phone.
- The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the principals of conflict of law;
- if any provision of the Agreement shall be held to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby;
- no delay or failure by VTI to enforce any right under the Agreement will be deemed a waiver of that or any other right;
- if any action shall be brought by VTI on account of any breach of or to enforce or interpret any of the terms, covenants or conditions of the Agreement, VTI shall be entitled to recover from you, as part of VTI's costs a reasonable attorney's fee;
- You may not assign or delegate your obligations under the Agreement, either in whole or in part, without the prior written consent of VTI;
- VTI shall not be liable for any nonperformance under the Agreement due to causes beyond its reasonable control that cannot be reasonably avoided or overcome;
- the headings and captions used herein are used for convenience only and are not to be considered in construing or interpreting the Agreement;
- these Terms and Conditions, together with the Plan selected by you, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter; and
- no amendment to or modification of the Agreement shall be binding unless in writing and signed by both parties.
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