voiSip Terms of Service
The use of services provided by voiSip constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
voiSip provides you with phone services over your broadband connection. There is an important difference between the voiSip service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with voiSip has important limitations that you should be aware of, and that you advise others who may use the voiSip service in your residence or business.
YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE voiSip SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.
IF YOU MOVE THE LOCATION OF WHERE YOU USE THE voiSip SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE CURRENT ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.
Additional limitations are as follows:
If you lose power or there is a disruption to power at the location where voiSip is used, neither voiSip nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the voiSip device prior to utilizing the service, including the 9-1-1 dialing feature.
If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither voiSip nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.
If your voiSip account is suspended or terminated, the voiSip service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing voiSip as compared to traditional 911 dialing over traditional public telephone networks.
You are responsible for the accuracy and the completeness of the address that you submit to voiSip for the location at which voiSip will be used and to which emergency service will be sent in the event that you use the voiSip 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which voiSip will be used. voiSip uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither voiSip , its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to voiSip 9-1-1 dialing service unless such claims or causes of action arise from voiSip 's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless voiSip , its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, voiSip 911 dialing feature or service or access emergency service personnel.
voiSip does not lease or rent equipment. Customers are responsible for purchasing equipment from voiSip, or a third party. Such equipment then becomes the sole responsibility of the customer. voiSip offers a 21 day equipment return policy. Warranty coverage is provided by the original manufacturer(s). Warranty coverage varies by product and is dependant upon the original manufacturer's warranty terms. voiSip reserves the right to restrict or deny access of 3rd party equipment to our network.
voiSip reserves the right to refuse to provide service to anyone at its sole discretion, with or without reason. voiSip also reserves the right to terminate accounts, with or without reason, at its sole discretion. If voiSip terminates service for any reason, other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If voiSip terminates service for a Terms of Service violation, the user is not entitled to any refund.
voiSip provides support for using our service and equipment purchased directly from voiSip only. We are not responsible for troubleshooting or support for routers, computers or internet connections. We cannot provide troubleshooting for your equipment if your internet service or local network does not work properly.
Analog Device Limitations
Analog devices, such as analog modems, home security systems, fax machines, ATM machines, and other analog devices, may or may not work with voiSip digital phone service. Use of such devices generally requires very low network and internet latency. We cannot guarantee functionality of analog, non-voice devices that may be connected to voiSip digital phone service.
Fair and Typical Use
voiSip unlimited plans are designed for "fair and typical" use. voiSip shall have sole discretion to determine whether service is being used for "fair and typical" purposes or not. voiSip employs various systems to monitor usage and to detect patterns which are indicative of abuse, such as autodialing, continuous call forwarding, daisy chaining, frequent or excessively long calls to single numbers, toll free numbers, etc. Any public or resale usage is strictly prohibited. Unlimited plan subscribers using more than three times the national average minutes per month, on a regular basis, may be subject to review, reclassification, or cancellation.
Outbound Toll Free Calling
Outbound toll-free termination consumes minutes from the user's local/domestic pool. Outbound toll-free calling is provided to users under the premise that it will only add up to a small percentage of their total call volume, and that the account will be used primarily for regular (local/domestic) calls within the continental United States and Canada. voiSip reserves the right to determine if a user's toll-free volume is not typical or falls out of the pattern mentioned previously, and require a plan upgrade if a disproportionate amount of the customer's call volume consists of toll-free calls.
Domestic Overage (Plan Limits, Overage Limits, Abuse Limits)
Each voiSip plan has 3 different limits... Plan Limit, Overage Limit and Abuse Limit.
With voiSip, there are no "overage penalties" and no "per minute charges" for occasionally (1 in 3 months) going over your Plan Limit. Exceeding the Plan Limit in any 2 out of 3 consecutive months, requires an automatic upgrade to a plan that covers the increased usage.
The Overage Limit for Residential and Small Biz plans is 100% (double the Plan Limit). For example, the USA 250 plan has an Overage Limit of 500 minutes. Exceeding the Overage Limit will result in an automatic upgrade to a higher limit plan.
The Abuse Limit for Residential and Small Biz plans is 200% (triple the Plan Limit). For example, the USA 250 plan has an Abuse Limit of 750 minutes. Exceeding the Abuse Limit will result in a temporary lock of the account (line will go busy) until the account is upgraded, or until the next billing period (1st of the month).
It is our policy that we do not disconnect calls in progress, even when the calling limit is reached. Therefore, it is possible to exceed the calling limit. You will be billed automatically for these overages. We allow International Overages and Overage Billing only once per three month period. A second overage during that time will require an increase in your monthly prepay commitment to a level that would cover the increase usage patterns, or a suspension of International Calling features.
Payments are processed automatically on the 1st of the month according to the billing period for your account (monthly, quarterly, semi-annually, annually, etc). Accounts renew automatically unless canceled. Accounts will renew on or around the anniversary of your initial order based on your selected term (Monthly, Quarterly, etc). All voiSip services are prepaid at least one month in advance. If you have a credit card on file, voiSip (or our payment processor) will bill you automatically when charges are due. Customers are responsible for all international calling usage charges and other premium charge calls billed to their accounts. voiSip will bill your credit card automatically for these charges. These charges may be delayed at our discretion or billed at any point immediately following the completion of such calls.
If you use a voiSip service which may require manual payments or deposits to be made, it is your responsibility to ensure that you have a positive account balance at all times. voiSip subscription services have a 10 day grace period for billing. If invoices are not paid within 10 days of the due date, your account may be subject to immediate suspention and a late/reactivation fee of 10% with a $5 minimum.
Prepaid Service Pricing
voiSip standard service pricing is based on a monthly billing cycle. Longer prepaid billing cycles, such a quarterly or annually, may be available at discounted rates. Regardless of billing cycle length, all services are billed on a prepaid basis. Prepaid services are non-refundable, once any usage has occurred on that service. So it is recommended that new users sign up on a monthly billing basis, then only switch to longer terms (quarterly, annually, etc), once they decide to stay with voiSip service for an extended period of time.
Products that have been approved for return may receive a full or partial refund, minus restocking fees, depending on the terms for the return.
Services that are cancelled prior to activation, may also receive a full or partial refund, depending on the terms for that service. Once any usage has occurred on a service, the prepaid term becomes non-refundable. Example, if you prepay for 6 months, then cancel during the 4th month, the 5th and 6th months would remain non-refundable.
Refunds are issued using the same method used for payment, normally the credit card on file.
For your protection, and ours, we are unable to process cancellation requests via email or phone. All cancellation requests MUST be made online, in a password protected environment, as follows...
To cancel service, log into the My Account control panel and go to the My Products & Services page HERE. Click the link next to the item you wish to cancel. After the product details page loads, click the "Request Cancellation" button at the bottom of the page. In the cancellation notes, be sure to list the specific phone numbers for the services being canceled.
You may also initiate a cancellation request by submitting an online Support Ticket. Open a new Support Ticket HERE. List the services you wish to cancel, along with the phone numbers matching the services you wish to cancel.
Once a cancellation request has been confirmed, the service will expire at the end of the current prepaid billing cycle. Users may request immediate service termination, however the prepaid service period still applies and prepaid terms are non-refundable.
Before a cancellation can be processed, users must return any voiSip-owned equipment. For more information regarding cancellation procedure, please open a Support Ticket.
Right to Refuse Service
voiSip reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. voiSip also reserves the right to terminate accounts with or without reason at its sole discretion. If voiSip terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If voiSip terminates service for Terms of Service violation, the user is not entitled to any refund.
voiSip utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. voiSip makes no claims with regards to the privacy of voice packets transmitted over public networks.
Customer agrees that it shall defend, indemnify, save and hold voiSip harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against voiSip, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless voiSip against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with voiSip; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
By using any voiSip service, you agree to submit to binding arbitration. If any disputes or claims arise against voiSip or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of voiSip 's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
voiSip shall not be responsible for any damages you or your business may suffer. voiSip makes no warranties of any kind, expressed or implied for services we provide. voiSip disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to delivery service, we cannot guarantee uptime or availability of service.
Change of Terms
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on our website. These changes will become binding and effective the date they are posted to our website. No further notice by us is required upon your continued use of the Service. The Agreement, as and when posted, supersedes all previously agreed to electronic and written terms of service.
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