Terms & Conditions

Terms & Conditions

Terms & Conditions

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Description of Services
Digital IP Voice (hereafter referred to simply as “Digital IP Voice”) agrees to provide and Customer agrees to purchase Voice over Internet Protocol telecommunication services and equipment as detailed in Addendum A attached hereto and made a part of this agreement.


Prices and Fees
Fees for service and prices for goods are set forth on Addendum A and made a part hereof. After the initial term of the agreement as set forth above, increases in price for service may be given with thirty (30) days’ notice.

Payment Terms
Payment for services shall be on a monthly basis, unless otherwise agreed upon in writing by the parties. Digital IP Voice reserves the right to charge processing fees for billing unless Customer makes payment by a credit card. Such authorization to charge a credit card shall be signed by the customer or an individual associated with the customer. Failure to have a valid credit card authorization on file with Digital IP Voice shall be subject to service interruption for non-payment.

Business Use of Service and Equipment/Prohibition on Resale
If the above mentioned customer subscribes to Digital IP Voice’ Business services, the service and Equipment are provided to the customer as a business user. This means that the customer shall not resell or transfer the Service or Equipment to any other person for any purpose, without prior, express written
permission from Digital IP Voice. Further, customer agrees that Digital IP Voice Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. Digital IP Voice reserves the right to immediately terminate or modify the Service if Digital IP Voice determines, in its sole discretion, that the Service is being used for any of the aforementioned activities.

Lawful Use of Service and Equipment
Customer agrees to use the Service and Equipment only for lawful purposes. Customer shall not use the Service or Equipment for transmitting or receiving any communication or material of any kind when in Digital IP Voice sole judgment the transmission, receipt or possession of such communication or material would: (i) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law; or (ii) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Digital IP Voice reserves the right to terminate Customers Service immediately and without advance notice if Digital IP Voice, in its sole discretion, believes that the customer has violated the above restrictions, leaving the customer 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. Customer is liable for any and all use of the Service and /or Equipment by any person making use of the Service or Equipment provided and agrees to indemnify and hold harmless Digital IP Voice against any and all liability for any such use that fails to comply with this Section. If Digital IP Voice, in its sole discretion, believes that above said restrictions have been violated, Digital IP Voice may forward the objectionable material, as well as the customers’ communications with Digital IP Voice and customers personally identifiable information to the appropriate authorities for investigation and prosecution.

Use of Service and Equipment by Customers outside the United States
While we encourage use of the Service within the United States to other countries, Digital IP Voice does not presently offer or support the Service to customers located in other countries. Digital IP Voice does not prohibit but urges you not to take the Equipment outside of the United States. If you do and you use the Service from there, you do so at your own risk, including the risk that such activity violates local Laws in the country where you do so. You are liable for any and all use of the Service and/or Equipment by any person making use of the Service or Equipment provided to you.

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CUSTOMER SERVICE AGREEMENT AND CONTRACT

Loss of Service
You acknowledge and understand that the Service does not function in the event of power failure or failure of your high speed internet device. Should there be an interruption in the power supply or a failure of your high speed internet device, the Service will not function until power is restored and/or the device is repaired, as the case may be. A power failure or disruption may require the Customer to reset or reconfigure the Equipment prior to utilizing the Service. Power disruptions or high speed Internet device failures also will prevent dialing to emergency service numbers including the 911 calling feature.

Tampering with Equipment
Customer agrees not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without prior, express permission from Digital IP Voice. Digital IP Voice reserves the right to terminate/ or suspend your Service should you tamper with Equipment, 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 becomes due and payable.

Theft of Service
Customer agrees to notify Digital IP Voice immediately, in writing or by calling Digital IP Voice customer support line, if the Equipment 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 in a detailed timely manner, not doing so may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using Equipment stolen from you and any and all stolen Service or fraudulent use of the Service.

Number Transfer on Service Termination
Upon termination of Service, Digital IP Voice may, solely at Digital IP Voice discretion, release the telephone number that was ported to Digital IP Voice by you, if any, and used in connection with your Service Provisioned by Digital IP Voice to your new service provider, if such new service provider is able to accept such number, and provided: (i) your Digital IP Voice Telecommunications account is paid in full, including payment for all charges and disconnect fees; and (ii) you request the transfer upon terminating your account.

Telephone Number Portability
(a) Customer Request for Current Number Port. Upon applying for the Service, Digital IP Voice may, at Customer’s request, attempt to transfer (i.e., “port”) your current telephone number(s) into our system. You understand and hereby warrant that Digital IP Voice cannot control the time and duration of the number porting process and that there will be no credit issued for the time between when you request the number port and the actual date any such transfer occurs.
(b) Terms of Number Portability. In the event you are transferring an existing local phone number for use in connection with the Service...

The following terms and conditions apply:
(i) You hereby authorize Digital IP Voice to process your order for the Service and to notify your current local telephone company of your decision to switch your local services to the Service and to transfer your telephone number, and represent that you are authorized to take these actions.
(ii) You agree that you must install and activate your Equipment prior to the date on which the number switch becomes effective (“Port Effective Date”).
(iii) You agree that you will be assigned a temporary telephone number until your transfer request is completed. You may place and receive calls using this temporary number until such time as your phone number is transferred.
(iv) Digital IP Voice has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.

Service is Not Telephone Service
Customer acknowledges and understands that the Service is not a telephone service. Important distinctions exist between telephone service and the Service provided by

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CUSTOMER SERVICE AGREEMENT AND CONTRACT

The Service may be subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State regulatory agencies.

Incompatibility with Other Services
(a) Home Security Systems. You acknowledge and understand that the Service may not be compatible with your home or/ business security system. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the service.
(b) Certain Broadband and Cable Modem Services. You acknowledge and understand that the Service may not be compatible with certain broadband providers. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
(c) Other Communications Equipment. You acknowledge and understand that you may experience difficulties when using the Service in conjunction with certain non-voice communications equipment, including, but not limited to, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems and medical monitoring devices. By accepting this Agreement, you waive any claim you may have against Digital IP Voice for interference with or disruption of such systems due to the Service.
(d) Dialing Options. You acknowledge and understand that you cannot make 500, 700, 900, 976, 0+ collect calls or dial around calls (e.g., 1010-xxxx). In addition, you agree that this service does not support n11 calling with the exception of 411 and 911, as described below in section 2.

EMERGENCY SERVICES-911 DIALING
911 ACKNOWLEDGEMENT AND WARNING LABEL: END USER ACKNOWLEDGES THAT Digital IP Voice EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME MANNER THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION 2 AND END USER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES WHO MAY PLACE CALLS USING END USER’S SERVICES OF WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING. END USER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. IF ADDITIONAL LABELS ARE REQUIRED, END USER MAY REQUEST THEM FROM Digital IP Voice. Digital IP Voice WILL PROVIDE END USER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM END USER. BY AGREEING TO THESE TERMS OF SERVICE, END USER AGREES THAT Digital IP Voice HAS ADVISED END USER OF THE CIRCUMSTANCES UNDER WHICH Digital IP Voice E911 SERVICE MAY NOT BE AVAILIBLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. Digital IP Voice URGES END USER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

Registration of Physical Location Required:
(a) Location. For each phone number that you use for the Service, you must register with Digital IP Voice the physical location where you will be using the Service with that phone number. IF YOU MOVE EQUIPMENT TO ANOTHER LOCATION, YOU MUST IMMEDIATELY REGISTER YOUR NEW LOCATION. IF YOU DO NOT REGISTER YOUR NEW LOCATION, ANY CALL YOU MAKE USING 911 DIALING FEATURE WILL BE SENT TO AN EMERGENCY CENTER NEAR YOUR OLD LOCATION. A CHANGE OF LOCATION MAY TAKE UP TO A WEEK TO REGISTER, THEREAFTER YOUR 911 CALLS WILL BE SENT TO THE APPROPRIATE LOCATION. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the “911” registration link on your Digital IP Voice web account page. For purposes of the 911 dialing feature, you may only register one location at a time for each phone line you use with the Service.

CUSTOMER SERVICE AGREEMENT AND CONTRACT

Service Outages
(a) Service Outages Due to Power Failure or Disruption. 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.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 dialing, from functioning.
(c) Service Outage Due to Suspension or Termination of Your Digital IP Voice Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Should ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Services are provided or otherwise impede the usage of the Service. In the event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including 911 dialing feature, may not function. You acknowledge that Digital IP Voice is not responsible for the blocking of ports by your ISP or broadband provider 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 terminate the Service in accordance with this Agreement.
(e) Other Service Outages. 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.
(f) 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.
(g) Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.

Termination/ Discontinuance of Service
Digital IP Voice reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Digital IP Voice discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges occurred 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 or Equipment (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.

Taxes
Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer’s Subscription or use or payment for the Service or Equipment. Such amounts are in addition to payment for the Service or Equipment and will be billed to your account. If Customer is exempt from payment of such taxes, it will provide Digital IP Voice with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Digital IP Voice receives the Tax Exempt Document.

CUSTOMER SERVICE AGREEMENT AND CONTRACT

Delinquent Accounts
All Accounts that are past due will be turned over to a collection agency and may be reported to an applicable credit reporting company. (Lessees) Customers that have equipment leased in house with Digital IP Voice must turn in all equipment provided to them. Otherwise, you may be reported to the proper Authorities for Theft.
Incompatibility with High Speed Internet Provider
In the event that the Service is not compatible with the services offered by your high speed Internet provider, Digital IP Voice will refund fees paid by Customer, if any.

WARRANTY AND LIABILITY LIMITATIONS/INDEMNIFICATION

Limitation of Liability
Digital IP Voice shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1) Act or omission of an underlying carrier, service provider, vendor or other 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 Digital IP Voice control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. Digital IP Voice liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time.

No Consequential Damages
In no event shall Digital IP Voice , its Officers, Directors, Employees, Members, Managers, Affiliates or Agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Digital IP Voice was informed of the likelihood of any particular type of damages.

Indemnification
Customer agrees to defend, indemnify, and hold harmless Digital IP Voice, its officers, directors, employees, members, managers, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services including 911 dialing, or the Equipment. This paragraph shall survive termination of this Agreement.

No Warranties on Service
Digital IP Voice MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE SERVICE OR THE EQUIPMENT FOR A PARTICULAR PURPOSE. Digital IP Voice DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT SERVICE FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER Digital IP Voice NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO A CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Digital IP Voice 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

CUSTOMER SERVICE AGREEMENT AND CONTRACT

OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Digital IP Voice OR ITS SERVICE PROVIDER’S OR VENDOR’S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY Digital IP Voice OR Digital IP Voice AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or other users using the Services. You shall assure that your or your user’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Digital IP Voice reserves the right to terminate or suspend affected Services, and/or remove your or your users’ content from the Services, if Digital IP Voice determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Digital IP Voice ability to provide Services to you or others or receives notice from anyone that your or your users’ use or Content may violate any laws or regulations. Digital IP Voice actions or inaction under this Section shall not constitute review or approval of your or your users’ use or content. You will indemnify and hold Digital IP Voice harmless against any and all liability arising from the content transmitted by or to you or to other users using the Services. A “user” means any person, whether authorized or unauthorized, using the Services and/or Equipment provided to you.

GOVERNING LAW/RESOLUTION OF DISPUTES/MISCELLANEOUS

Mandatory Mediation
Any dispute or claim between Customer and Digital IP Voice arising out of relating to the Service or Equipment provided in connection with this Agreement shall attempted to be resolved by first mediation in accordance with the Rules of Court for the States.

Governing Law
This Agreement and the relationship between you and Digital IP Voice shall be governed by the law of the states which you and your Service will reside without regard to its conflict of law provisions. Customer and Digital IP Voice agree to submit to the personal and exclusive jurisdiction of the courts located within the States. Venue shall be proper only in the Circuit Courts of your current county or in the United States District Court. The failure of Digital IP Voice to exercise or enforce any right or provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of the Agreement remain in full force and effect. You 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 the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement
This Agreement and the rates for Services found on Digital IP Voice website constitute the entire agreement between you and Digital IP Voice and govern your use of the Service, superseding any prior agreements between you and Digital IP Voice and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Digital IP Voice unless and until posted in accordance with Section 3 hereof.

Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement

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