Terms and conditions
Acceptable Use
We reserve the right to inspect and audit excessive and suspect usage patterns on our traditional Hosted PBX service platform which may be caused by call centers, auto dialers or other sources that may have a negative effect on our network performance. We do not offer services to these types of customers as of July 2022. If we see excessive usage of this type on our traditional hosted network we will ask you to stop sending it across that network and/or block it. If you don’t, we reserve the right to suspend service to that particular account(s) which is/are causing the issue.
Wholesale Business
We enter into this agreement with you with the understanding you are selling retail VoIP services in the geographic area you provide services. While we do not impose any minimum usage requirements for the first six months, we do expect to see customer activations on your network regularly. By ‘customer’ activations we mean selling services to more than just your own company or friends and acquaintances. By ‘regularly’ we mean adding at least 1 customer a month. If we do not see any new activation’s or if your total usage charges are less than $100 a month after six months, or $250 after twelve months we reserve the right to either; a) charge a minimum fee of $100 and/or $250 based on how much time has lapsed, or b) change your wholesale pricing to our retail pricing of $0.03 for incoming and outgoing calls, $2 per DID per month, $5 per toll free number plus $0.05 per minute, $5 for 911 and/or CNAM services and our retail international pricing. If we have provided discounted pricing to you, we require the minimum usage negotiated to receive those prices. We reserve the right to put you on our standard pricing if you go for more than three months without activating any customers.
Payments in General
All fees paid by you to us for our services are to be prepaid and are non-refundable. International customers pay via wire transfer to our account.
Payment for Services
You agree to be responsible for payment of any and all services that you or your staff sets up or services you direct us to set up on your behalf for you or your customers use. Services are provided on a prepaid basis. The initial funding amount is TBD based on your expected usage. Additional funding amounts are $100 or more, based on your usage history. If your usage exceeds your prepayment amount and we have no prior payment history, we reserve the right to ask for additional funds to continue providing services to you. We do not accept payment by check. We will accept payments using VISA, MasterCard, and Discover cards but will not issue credit to your account until those funds have settled to our bank account next business day. Once we have an established pay history, we will immediately post credit to your account when payments are made. Those payments can be made automatically via your reseller portal. We also accept direct deposit, ACH payments, or quick pay by Zelle to our account at JP Morgan Chase. If for any reason a payment made via credit card is later denied by you we will immediately suspend services to your account until a cash deposit is made to our account at JP Morgan Chase.
No Warranty
Services are provided over the public internet unless other arrangements have been made and we make no warranty as to the internet and its impact on service delivery. We cannot guarantee the performance of our carriers because we do not directly control their networks or the performance thereof. We have a very good track record of providing reliable services but we need to be clear we cannot guarantee what we do not control. We will provide you with a network platform (Porta-switch) that will provide you with 99.999% uptime as measured by calendar month. Maintenance and other network upgrades are not included in this calculation. In the event we do not meet or exceed 99.999% we will apply a credit to your account in the amount of $25 for the month when service was below this standard. This guarantee does not pertain to carrier services or internet connections between you, your customer and our Porta-switch, firewall related issues, router, IP phone, ATA or other networking equipment misconfigurations or errors. Under no circumstances will we pay for any lost revenues you incur as a result of any network issue.
Carrier Services
USA and Canadian termination pricing is based on 80% of all your calls going to a major phone company (Lumen, AT&T, Verizon, T-Mobile, etc). We measure this daily and in the event we find more than 20% of your traffic is to high cost areas we reserve the right to levy a surcharge of $0.05 a minute on calls going to those areas as well as shut off the account(s) that are exceeding this threshold. When you order DID inventory via the portal, you agree to pay for any and all DID ordered. Our standard service does not allow traffic from call centers, predictive dialers, home bound call center agents or any other type of traffic outside that normally associated with Hosted VoIP for business, residential, and SIP trunking.
Terms and conditions (Continued)
DID Ownership
All local numbers and toll-free numbers that are ported into the network shall remain the property of your customer. All new inventory that are purchased via our DID Purchase link are owned by us. We reserve the right to approve or deny any porting of new inventory out of our network. That right will not be unreasonably withheld.
Mutual Indemnification
Both parties agree to indemnify and hold harmless the other party, its parents, owners, officers and employees from and against any and all liability, claims, losses, attorney’s fees that may arise due to any breach of this agreement by the other party. You also agree to indemnify us against any state, county, local or municipal taxes that may become applicable in the course of your providing services to your customers.
Representation
As our reseller you warrant that you are entering this relationship to provide some or all of the service we provide under your own brand identity. You further agree to comply with any and all laws from any and all jurisdictions regarding Voice over Internet Protocol services. Any misrepresentations made by you to us to use our network services will result in immediate suspension of services and other appropriate action if necessary.
Governing Law
Our relationship shall be governed by the laws of the State of Illinois, our state of incorporation. You agree to keep the terms of this agreement confidential and not share it with any third party without our consent. If a court of law requires you to disclose information contained in this agreement then we need to be notified prior to release of that information.
Consent and Assignment
With the signing of our agreement, you understand we are granting you the right to use our network and its related components. This right and this agreement cannot be transferred to any third party without our consent but we reserve the right to assign our rights in the event of merger with another entity.
Liability
You agree that we have no liability for any issues you may have with your customers as our services are provided; a) over the public internet and b) using multiple carriers to provide the service. We will do everything within our control to troubleshoot and fix any problem you are experiencing as quickly as possible. You also agree that we will have no liability whatsoever with any taxes that may be owed by you or your company to any state, local, county or municipal government which contacts us about your sales. It is your responsibility to know the tax laws regarding Interconnected VoIP in your area and to take the appropriate measures to ensure you are in full compliance with those tax laws.
Terms and Conditions (Continued)
Service Term
Services are provided on a month-to-month basis. As previously mentioned, certain carriers may require you to keep some of their service in operation for a minimum amount of time, but we will inform you of that prior to placing any order for services with said carrier(s).
Pricing
Pricing for your services you use with us are shown in the Agreement you signed. Those prices have not changed in the fifteen (15) plus years we have been in business, but are subject to change if our carriers decide they need more money. Our A-Z termination rates are also subject to change on three (3) days notice if those carriers decide to get greedy.
Other Pricing
Other service modules may result in additional fees to set up and monthly charges to use and we will advise of that prior to placing any orders.