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VoIPWorX Service Agreement
VoIPWorX Service Agreement
VoIPWorX Service Agreement
Version 1.0
VOIPWORX SUBSCRIBER AGREEMENT General VoIPWorX's terms and conditions apply to the services we offer to our customers. Anyone who buys our service and anyone using our service, with or without the buyer's consent, is considered a customer. If you're taking the time to read this, you are probably a customer. By signing up for, paying for, or using our Voice over Internet Services (VoIP), you agree to these terms and conditions. If you don't like these terms, please contact us immediately at (800) 880-5441. Our service is provided at our discretion. We can modify or cancel it or take corrective action at anytime without prior notice and for any reason, including, but not limited to, your violation of any of these terms and conditions. We might change our terms and conditions from time to time, so check the VoIPWorX Web site, www.voipworx.net, to stay up-to-date. You agree not to use VoIPWorX services in any way that is illegal, fraudulent or abusive as determined by VoIPWorX. You may not alter any of the hardware or software on your VoIPWorX phone. Payment For VoIPWorX service client will be billed monthly in arrears and invoice will be delivered electronically. Payment is due to VoIPWorX net 30 days from invoice date. Any delinquencies will be charged a 1.5% (of amount late) monthly late fee (18% annually) cumulative beginning on the first day of delinquency. Service Telecommunications services are provided by VoIPWorX using the VoIPWorX International Network through VoIPWorX phones purchased from VoIPWorX or an authorized retailer. You cannot use our service with any other phone or device. Airtime is intended for domestic and international calling from the United States. Local phone numbers may not be available in certain affiliate markets. Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, or you throwing your phone against the wall. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service can be provided without interruption. We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify VoIPWorX at (800) 880-5441 within seven days of the interruption. Phone number The phone number we give you is and will remain the property of VoIPWorX. We may give the phone number to another customer without telling you if you cancel at any time to use another Netphone service (unless you transfer the phone number to another telecommunications provider in accordance with applicable regulations), or if your account becomes inactive. We may also change your number at any time, but will notify you within 30 days of the change. Keeping Your Old Phone Number You can switch an existing wire-line or wireless phone number to be your VoIPWorX number depending on where you live. To switch an existing phone number to VoIPWorX, contact VoIPWorX at (800) 880-5441. Before you call, please have a bill from your old wireless or wire-line carrier handy. When you switch from your old wireless carrier, you may have to pay a termination penalty if you terminate your contract early. VoIPWorX will not reimburse you for any termination fees imposed by other carriers. You will not be able to switch your area code without receiving a new local number from VoIPWorX as well. For example, say you've just moved from San Francisco to New York City, and your San Francisco number was 415-123-4567. In that case, if you are switching to VoIPWorX from a wireless carrier, you could keep 415-123-4567, but you can't switch to 212-123-4567. It's the same if you are switching your land-line (your home phone) to VoIPWorX-you will have to keep your old area code. Be careful though, your New York friends might end up paying long distance charges when they call your San Francisco number in New York. Charges Pre-payments are non-refundable, regardless of who actually uses or possesses your phone after you buy airtime, and regardless of whether Calls are billed in one-minute increments, with a minimum time per call of one minute. Billing for calls begins when you press the "send" or "talk" button, and ends when you hit the end key or both parties disconnect. All rates are subject to change without prior notice, and additional regulatory surcharges and taxes may apply. Please contact VoIPWorX at (800) 880-5441 or visit our Web site at www.voipworx.net with any questions about our service. Calls to VoIPWorX At Your Service may be monitored for quality assurance. Disputed Charges If you think there's been an error in a charge posted to your account, you need to notify us within 15 days after the charge is posted to your account balance to request an adjustment. Give VoIPWorX At Your Service a call at (800) 880-5441 and one of our advisors will investigate your claim. Returns Phones purchased direct from VoIPWorX may be returned for a full refund within 30 days of purchase. You must have the original receipt, packaging materials and all components. Please contact VoIPWorX at (800) 880-5441 for instructions. Phones purchased at retail stores may be returned to that store for a full refund in accordance with its return policy generally within 30 days of purchase, but this period may vary. Please repack the phone and all components and bring to the store in which you purchased it. Lost or Stolen Equipment If your phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your Netphone phone. Once you call us, your account will be suspended. Once you purchase a new VoIPWorX phone, any money left in your old phone account will be transferred to your new VoIPWorX phone account. Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by VoIPWorX. You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by VoIPWorX ) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or VoIPWorX terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Should VoIPWorX suspend or terminate your Service, the Service will not function until such time as VoIPWorX restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement). Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on VoIPWorX 's 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 VoIPWorX are and shall remain the exclusive property of VoIPWorX and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that VoIPWorX will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by VoIPWorX, which VoIPWorX reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless VoIPWorX against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. Service Distinctions You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced VoIP Service offering provided by VoIPWorX . The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. EMERGENCY SERVICES- 911 DIALING Non-Availability of Traditional 911 or E911 Dialing Service You acknowledge and understand that the Service does NOT support traditional 911 or E911 access to emergency services Service Outage - Power Failure or Disruption You acknowledge and understand that VoIPWorX service does not function in the event of a power failure or disruption. Should there be an interruption 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. Broadband Service / ISP Outage or Termination / Suspension or Termination by VoIPWorX You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by VoIPWorX will prevent ALL Service including Service Outage Due to Suspension of Your Account You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service. Pay-Per-Call Services VoIPWorX will not directly complete any calls to 1-900, 1-976 or other pay-per-call service. Limitation of Liability We won't be liable to you for any indirect, special incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services. We won't be liable for any act or omission of any other company furnishing a part of our service or any equipment provided for such service - including for errors or omissions of any vendors participating in offers made through us - or for any damages that result from any product or service provided by or manufactured by third parties. Indemnification You agree to indemnify and hold harmless VoIPWorX from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof resulting from your use of the VoIPWorX products and services) whether based in contract or tort (including strict liability) and regardless of the form of action. Warranties We don't make our cell phones or other equipment, therefore the only warranties are those extended by the manufacturers. We have no liability in connection with the Netphone phones and other equipment or for the manufacturer's acts or omissions. We make no warranties or representations, express or implied, regarding the products and services provided hereunder, including, but not limited to, warranty of title, warranty that the product or service is fit for a particular use, or warranty of merchantability. We expressly disclaim any and all implied warranties. Notices You may notify us by mail (VoIPWorX, 10008 International Blvd, Cincinnati, Ohio 45246), phone (800) 880-5441 or electronic means (via our Web site at www.voipworx.net). Such notices will be considered effective after we receive them. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your VoIPWorX phone. Use of your subscriber information We may, from time to time, use the information you provide us with to market services to you that may be related to our service offerings. We will always handle your information in a manner consistent with federal subscriber privacy laws and the VoIPWorX International, Inc.'s privacy policy. You will have the opportunity to choose whether you would like to receive text messages, email, direct mail and other updates from VoIPWorX and its partners about hot new products, special promotions, and important service information by editing your profile at www.voipworx.net or by calling VoIPWorX at (800) 880-5441. Choice of Law; Jurisdiction Any complaint, arbitration or other legal action concerning these terms and conditions shall be interpreted under the laws of the State of Ohio, excluding the choice of law rules. You consent to the jurisdiction of the courts of the State of Ohio. Entire Agreement These terms and conditions constitute the entire agreement between you and VoIPWorX with respect to our products and services and the terms and conditions under which they are offered and provided to you. These terms and conditions supercede all oral or written communications and understandings between you and VoIPWorX with respect to our products and services to you and the terms and conditions under which they are offered and provided to you. Severability If any part of these terms and conditions is legally declared invalid or unenforceable, all other parts of these terms and conditions are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these terms and conditions. No Third Party Beneficiaries No provision of these terms and conditions provides any person or entity not a party to these terms and conditions with any remedy, claim, liability, reimbursement, or cause of action or create any other third party beneficiary rights. Each party acknowledges that it has read the Agreement including all referenced exhibits, appendix and attachments hereto, if any, and agrees that it is the complete and exclusive understanding between the parties.
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