|
wIPphone™
General Sales Terms
This agreement ( 'Agreement' ) is between WorldWide Telco, inc.. ( 'we','us' or 'WWT' ) and the user ( 'you', 'user' or 'Customer' ) of WWT's communications services ( 'Service' ).
This Agreement governs both the Service and any devices, such as an IP phone, Analog Telephone Adapter, or any other IP connection device ( 'Device' ), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
|
 |
|
1. SERVICE
a. Term
Service is offered on a monthly basis for a term which begins on the date that WWT activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give WWT written notice of non-renewal at least [10] days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.
b. Lawful Use of Service and Device
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
c. Loss of Service
Due to Power Failure You acknowledge and understand that the Service does not function in the event of power failure. 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.
d. Unauthorized Usage of Device, Firmware or Software
You acknowledge that you are not given any license to use the firmware or software embedded in the Device, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by WWT, which WWT 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.
e. Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from WWT in each instance. WWT reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.
f. Theft of Service
You agree to notify WWT immediately, in writing or by calling the WWT customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or stolen or fraudulently use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you.
g. Return of Device
The Device may be returned to WWT within thirty (30) days of the line activation providing:(i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and iii) and all documentation and packaging materials are returned. If Customer receives cartons and/or devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact WWT's customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses.
h. Residential plans - Acceptable use of Service and Device
If you have subscribed to any of wIPphone’s residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, information services, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or fund raising), autodialing, continuous or extensive call forwarding or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Worldwide Telco in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay wIPphone and Worldwide Telco’s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. Worldwide telco reserves the right to immediately terminate or modify the Service, if Worldwide Telco determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
i. Business plans – Acceptable use
If you have subscribed to any of wIPphone's Business rate plans, the Service and/or the device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from Worldwide Telco in advance. You agree that the wIPphone’s business plans do not grant the right to use the service for auto-dialing, continuous or extensive call forwarding or telemarketing (including without limitation charitable or political solicitation or polling). Worldwide Telco reserves the right to immediately terminate or modify the Service, if Worldwide Telco determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.
2. EMERGENCY SEVICES - 911 DIALING
a. Non-Availability of Traditional 911 or E911
Dialing Service: You acknowledge that we have told you that the Service does NOT support traditional 911, E911 or any other form of quick dial access to emergency services.
3. SERVICE OUTAGE:
a. Broadband Service Outage
You acknowledge that service outages by your broadband provider will prevent ALL calls.
b. Service Outage Due to Suspension of Your Account
You acknowledge that service outages due to suspension of your account as a result of billing issues will prevent ALL calls.
c. Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent _LL calls. Such outages may occur for a variety of reasons, including, but not limited to those reasons described in this document.
d. Limitation of Liability
You acknowledge and understand that the Company's liability is limited for any Service Outage and/or inability on your part to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold WWT, its affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, harmless from claims or damages by, or in the right of, Customer relating to this Agreement, the Services, or the Device.
4. CHANGES TO THIS AGREEMENT WWT
WWT may change the terms of the Agreement from time to time on seven [7] days advance notice to you. We may give you notice either by- - posting to our Web Site, or - electronic mail directed to the e-mail address you gave us when you signed up for the Service, or to your current e-mail address if you have notified us that your e-mail address has changed.
5. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
a. Billing
You must give us a valid credit card number when the Service is activated. If the card expires, or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise WWT at once. We will bill all charges to your credit card, including but not limited to: activation fees, monthly Service fees, usage charges, advanced feature charges, equipment purchases and shipping and handling charges.
b. Billing Disputes
You must notify WWT in writing within 7 days after receiving your credit card statement if you dispute any WWT charges on that statement.
c. Payment
WWT only accepts payments by credit card. Your initial use of the Service authorizes WWT to charge the credit card account number on file with WWT, including any changed information given WWT if the card expires or is replaced, for WWT charges that accrue during the billing cycle. This authorization will remain valid until 30 days after WWT receives your written notice terminating WWT's authority to charge your credit card. WWT may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with WWT is declined or in case of any other non-payment of account charges. Termination of Service for declined card or non-payment leaves you FULLY LIABLE to WWT for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by WWT owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.
d. Termination/Discontinuance of Service
WWT reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If WWT discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree that all wIPphone Devices are the sole property of WWT and that you will continue to be billed until such time that you return all such Devices to WWT with all their original packaging materials and in their original, undamaged condition. If you would like to terminate the service, but are unable to return the Devices as described above, then you will automatically be billed the undiscounted price of said Devices.
e. Taxes
Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on WWT as a result of providing the Service or a Device will be billed to your account when imposed upon WWT. If Customer is exempt from payment of such taxes, it will provide WWT with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date WWT receives the Tax Exempt Document.
6. LIMITATIONS
a. Limitation of Liability
WWT shall not be liable for any failure to provide the Service, at any time or from time to time, or any degradation of voice quality, that is caused by any of the following:
1) act or omission of an underlying carrier or third party;
2) equipment, network or facility failure;
3) equipment, network or facility upgrade or modification;
4) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5) equipment, network or facility shortage;
6) equipment or facility relocation;
7) service, equipment, network or facility failure caused by the loss of power to Customer; or
8) any other cause that is beyond WWT's control, including without limitation the failure of an incoming or outgoing call to be connected or completed, or degradation of voice quality. WWT's liability for any failure or mistake shall in no event exceed Service charges on account of the affected time period. WWT is not liable for incidental or consequential damages of any type.
b. Indemnification
Customer agrees to defend, indemnify, and hold WWT, its affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, harmless from claims or damages by, or in the right of, Customer relating to this Agreement, the Services, or the Device. This paragraph shall survive termination of this agreement.
c. No Warranties on Service
WWT makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Neither WWT nor its vendors will be liable for unauthorized access to WWT's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of WWT's or its vendors' negligence. Statements and descriptions concerning the Service, if any, by WWT or WWT's agents or installers are informational and are not given as a warranty of any kind.
d. No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from WWT and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from WWT at the time of purchase, Customer agrees that it accepts its Unit 'as is' and that Customer is not entitled to replacement or refund in the event of any defect.
7. RESOLUTION OF DISPUTES
a. Mandatory Arbitration
Any dispute or claim between Customer and WWT arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
8. PRIVACY AND NOTICES
a. Privacy
IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. WWT is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.
b. Notices
Notices to Customer shall be sent to the email address on file for Customer at WWT and will be considered given on the date sent by WWT.
|
|
|
|