Terms of Service
You (“You” or “Customer”) acknowledge that by using the NET2PHONE OFFICE™ Hosted PBX Service and/or SIP Trunking Service (and each of their features and ancillary solutions) (collectively referred to herein as the “Service”), You agree to abide by and comply with these Terms of Service. If you do not wish to be bound by these Terms of Service, You may not use the Service. Net2Phone Global Services, LLC (“We” or “Net2Phone”) may modify these Terms of Service without notice and such modifications shall be deemed effective immediately upon posting of the modified Terms of Service. You agree to review these Terms of Service periodically to be aware of such modifications and your continued access or use of Service constitutes your acceptance to be bound by the revised Terms of Service.
- Rights Granted. Subject to the terms of these Terms of Service and the Terms & Conditions, Net2Phone grants You the right to use the Service. All rights not expressly granted under these Terms of Service are retained by Net2Phone.
- Registering for the Service. Upon registering for the Service and establishing a Service account (an “Account”) and at subsequent times as requested by Net2Phone, You agree to provide to Net2Phone Your true, accurate, current, and complete personal name and/or business name, billing and shipping addresses, all addresses where the Service is to be used, 911 registered addresses for all Equipment (“911 Location”), email address, contact phone number, credit card information, and other information which Net2Phone deems necessary to administer Your Account (“Customer Information”). You represent and warrant that the Customer Information You provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If You provide Customer Information that is, or that Net2Phone suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Net2Phone has the right, in its sole discretion, to immediately suspend or terminate the Service and/or Your Account.
- The Service.
(a) The following comprises the base plan offering for the NET2PHONE OFFICE Hosted PBX Service:
Phone Terminal Extension (includes a USA or Canada Phone Number) – monthly fee quoted during the sign-up process
USA or Canada Toll Free Phone Number – monthly fee quoted during the sign-up process + $0.015/min
A-Z Pricing For International Calls Charged At Per Minute Rates (Per Minute Rates and the international destinations subject to the unlimited plan can be found at https://myaccount.net2phoneoffice.com/rates/. Unlimited destinations are landline only unless otherwise specified)
Additional Features. Each of the following features may be subject to an additional fee as quoted during the sign-up process or thereafter and are subject to availability (some features may not be available until a later date):
Each Additional IVR
Each Additional Queue
Each Conference Bridge
Each Additional Intercom Extension
Each Additional USA/Canada Phone Number
WebRTC- Allows You to make and receive phone calls from Your computer from within a desktop browser (some browsers may not be supported)
SMS/MMS – Allows You to send/receive text messages directly from/to Your Account within the Service’s desktop application or mobile application.
Chat Widget- Allows You to communicate with visitors on Your website. You copy and paste a few lines of code that we provide to You and Net2Phone’s chat widget allows visitors on Your website to chat with users connected to Your Account.
Facebook Integration- Allows You to connect to an existing Facebook Business page so that customers can reach You via the Facebook messaging platform. All messages will be directed to users connected to Your Account.
Mobile App- Allows You to use your Account to make/receive calls “on the go” and send/receive text messages. The mobile app allows for in-app calling which may use Your existing mobile/data plan to make/receive calls.
Voicemail Transcription- Converts audio voicemail messages into text and emails the text to You. The voicemail text will also display in Your Account dashboard.
(b) The following comprises the base plan offering for the NET2PHONE OFFICE SIP Trunking Service:
One (1) concurrent virtual phone channel (SIP Trunk) which allows for one simultaneous call per channel ordered. Each channel includes a USA or Canada virtual Phone Number – monthly fee quoted during the sign-up process
(c) Purchase of Equipment shall be pursuant to prevailing price at the time of Customer’s registration for the Service.
(d) Net2Phone reserves the right, in its sole discretion, to block access to certain high cost/premium locations. Please contact Net2Phone Customer Support for more information.
Additional features and services may be added and made available to You pursuant to these Terms of Service and additional terms and conditions.
- Accounts. The Account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Service with Net2Phone. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card (or alternative method of payment) used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation. If Net2Phone is unable to determine the valid owner of the Account, Net2Phone reserves the right to suspend and/or terminate the Account and Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance due and owing upon opening a new account or updating their credit card (or alternative method of payment) information on file.
- Prohibited Uses. Net2Phone reserves the right, in its sole discretion, to immediately and without notice terminate the Service to You for any use of the Service or any other action that causes a disruption in the network integrity, or directly or indirectly threatens or compromises the security of Net2Phone, its vendors, or the Service. Customer agrees, represents, and warrants that it will use the Service for its own internal use only, and shall not resell, transfer or charge for the Service or Equipment without the express written permission of Net2Phone. Permitted use does not include certain activities including, but not limited to autodialing, transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous, spoofing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, polling, transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties, telemarketing (including without limitation charitable or political solicitation, junk faxing, fax spamming, calling/faxing any person through the use of distribution lists or otherwise who has not given specific permission to be included in such a process) or any other activity that would be inconsistent with reasonable business usage. Customer shall not transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, or otherwise objectionable communications or material of any kind or nature. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, violate the intellectual property rights of others, give rise to civil or criminal liability or otherwise violate any applicable local, state, national or international statute, regulation, or other law. You agree that You will, at all times, comply with all applicable laws, including but not limited to the Truth in Caller ID Act, the Telephone Consumer Protection Act and Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM). Any use found to be inconsistent with any of the restrictions set forth herein will result in the immediate termination of the Service. You also understand that Net2Phone may immediately suspend or terminate Your right to use the Service without liability of any kind if (a) You use the Service to send or transmit any unsolicited communications or advertisements, or (b) in Net2Phone’s sole discretion, Your use of the Service exceeds what would be expected of normal business use, including without limitation allowing more than one user to use a single Phone Terminal Extension or using a Phone Terminal Extension in excess of what would be expected of a single user, or (c) Your use of the text messaging feature of the Service is not typical of human message origination and termination or if there is an abnormal imbalance of inbound and outbound messaging. You agree that Net2Phone is entitled to monitor Your use of Service.
- Intellectual Property Rights. You acknowledge and agree that any and all patents, copyrights, trademarks, logos, slogans, service marks, trade secrets, and all other intellectual property rights (collectively, “Proprietary Rights”) in the Equipment and Service are and shall remain the sole and exclusive property of Net2Phone and its licensors and suppliers. Nothing in these Terms of Service shall be construed to grant, transfer, or assign any Proprietary Rights to, or vest any Proprietary Rights in, Customer or any third party. You are only entitled to the limited use of the rights expressly granted to You in these Terms of Service, as may be amended from time to time. The Services that are the subject of this Agreement, the systems and methods that it accesses, and/or the related services provided are covered by one or more patents or patents pending in the U.S. or elsewhere. A list of those patents can be found at http://www.white-vp.com. You will not take any action to jeopardize, limit, or interfere with Net2Phone’s or a third party’s Proprietary Rights. You acknowledge and agree that any unauthorized use of the Proprietary Rights is a violation of these Terms of Service, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third- party content that may be accessed through the Service is the property of the respective content owners and may be protected by applicable intellectual property laws. You agree and acknowledge that any breach of the provisions regarding intellectual property ownership contained in these Terms of Service shall cause Net2Phone irreparable harm and Net2Phone may obtain injunctive relief and seek all other remedies available in law and in equity.
- No Modifications. You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Equipment or the Service, or any component thereof including components supplied by third parties. You agree not to misappropriate, intercept, capture, emulate, decrypt, or redirect the communications protocols used by Net2Phone for any purpose, including connecting to any computer server, PBX, or other device not authorized by Net2Phone or in a manner not authorized by Net2Phone.
- Telephone Number. Telephone numbers provided by Net2Phone to You (“Phone Number(s)”) are licensed to You pursuant to these Terms of Service. Your use of a Phone Number with any device other than the Equipment is strictly prohibited without the express written permission of Net2Phone. Net2Phone reserves the right to change or cancel international Phone Numbers at its sole discretion.
- Number Porting. Net2Phone cannot guarantee that requested telephone numbers will be available or that Your existing provider will port Your number. For porting numbers into Your Net2Phone Account, please contact Net2Phone Customer Support. Net2Phone will use reasonable efforts to facilitate number transfers or port requests for You, provided that You comply with the necessary and specific procedures for porting between service providers. Net2Phone does not guarantee the successful porting of numbers to Your Account. You acknowledge and understand that Net2Phone will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the unauthorized porting of any telephone number by a third party. For porting Phone Numbers out of Your Net2Phone Account, follow the procedures of Your new service provider. You understand that porting Phone Numbers out of Your Account does not automatically terminate Your Net2Phone Account.
- Conditions. Customer acknowledges and agrees that Net2Phone’s obligations to provide the Service are expressly conditioned upon (i) Net2Phone’s receipt of all payments due hereunder, and (ii) Customer’s satisfaction of the technical requirements set forth herein, including possession of properly configured Equipment and the provision of accurate Customer Information to Net2Phone. A loss of electrical power at Your location will result in loss of the Service (including 911 services) during such outage unless You have a backup system. If the connection to the wired broadband Internet over which Your Service is provided is interrupted, You will not have access to the Service during that interruption and will not have access to 911 services during that interruption.
- Payment Terms. The Service is provided to You on a monthly prepaid basis. Upon Your registration for the Service, Net2Phone will charge Your credit card (or alternative method of payment, as approved by Net2Phone) a deposit in an amount equal to the applicable monthly recurring fees and charges for one month of Service plus any applicable Equipment and other fees. All pricing is in United States dollars. For billing purposes, Your start of Service date (“Service Date”) will commence on the earlier of (i) one month following Your registration for the Service; and (ii) the date of actual service activation. You are responsible and will be charged for all non-recurring fees (i.e, international calls, toll free numbers, etc.) incurred by You. If you do not cancel the Service during the first thirty (30) days following registration, then the deposit (less any non-recurring charges incurred by You) will be applied to the month of Service following the Service Date. If you cancel the Service during the first thirty (30) days following registration, then the deposit (less any non-recurring charges incurred by You) will refunded to Your credit card or returned to you via check or other method of payment, as determined by Net2Phone. You understand that Your first invoice may be pro-rated. If You are paying for the Service with a credit card, then You agree that prior to the provision of any Service by Net2Phone, You will provide Net2Phone with Your credit card information and You authorize Net2Phone to bill Your credit card on a monthly basis. You agree to advise and notify us of any changes to Your credit card information, such as credit card account number or expiration date changes. If the credit card on Your account is declined or fails for any reason, Net2Phone reserves the right to disconnect Your Service without notice and to terminate Your account and Net2Phone reserves the right to continue to attempt charging Your credit card for any outstanding Service charges and additional fees due and owing at the time. Your ability to utilize the Service is contingent upon Net2Phone’s prior receipt of payment for the month in which the Service are to be utilized. The pricing provided to You at time of sign-up or thereafter (as amended by Net2Phone in its sole discretion) shall govern Your payment obligations hereunder. You are solely liable for any transactions or activities by You or anyone else that occur on Your account, and in no event shall Net2Phone be liable for any unauthorized use of Your Account. Any payments not received by the due date will bear interest at a rate of one and one-half percent (1½ %) per month or the maximum rate permitted by law, whichever is less, from the due date until paid in full. In order to be valid, any cancellation of Services by You, at any time, must be made in writing and sent to email@example.com.
- Taxes and Other Fees. Prices for the Service do not include any customs, duties, sales, use, value added, excise, federal, state, local, public utility, universal service, E-911 fees or other similar taxes. All such taxes shall be paid by Customer and will be added to any amounts otherwise charged to Customer. If any amounts paid for the Service are refunded by Net2Phone, applicable taxes may not be refundable. All prices, taxes, surcharges, and fees are subject to change at any time. You are responsible for paying all charges for Your Account, including but not limited to, toll free, local, long distance, international, additional feature charges, 411, operator assisted charges, and directory assistance charges, and for all taxes, surcharges, and fees imposed on You or us as a result of your use of the Service.
Regulatory Compliance Fee. We impose a monthly Regulatory Compliance Fee (“RCF”) in order to recover expenses We incur in connection with contributions to various funds and other fees and charges incurred as a result of our provision of interstate interconnected VOIP service including but not limited to CALEA compliance and other compliance costs and fees. RCF is a standard usage charge associated with the Service and is not a government-mandated charge or tax. The RCF is an 9.0% surcharge applied to Your invoice. The RCF is in addition to any other charges and surcharges associated with the Service, and is subject to the Universal Service Fund surcharge, and all other taxes and surcharges.
Federal Cost Recovery Charge. We impose a monthly Federal Cost Recovery Charge (“FCRC”) associated with the payment of government imposed fees to support various programs. While this charge is not a tax or charge that the government requires Net2Phone to collect from its customers, it is a charge to recover fees imposed on Net2Phone by governmental entities in order to provide you with service. The FCRC is a 4.3% charge applied to Your invoice. Components of the Federal Cost Recovery Charge include: Federal Regulatory Fee, North American Numbering Plan Fee, Local Number Portability administration and others.
Emergency 911 Service Fee. We apply an “Emergency 911 Service Fee” of $0.99 per Service element (i.e., Phone Terminal Extension, Call Path channel) to recover costs associated with providing 911 service. This is not a government-mandated charge.
Administration Fee. You may also be subject to an Administration Fee which may be imposed to recover costs associated with, among other things, customer support, and Service/Equipment installation and configuration.
Reactivation Fee. Net2Phone reserves the right to charge You a $29.99 Reactivation Fee per Phone Terminal Extension and/or SIP Trunk in the event Net2Phone suspends or terminates Your Account due to non-payment.
- Equipment. In order to utilize the Service, You must use compatible telephone equipment (“Equipment”). If You do not possess compatible Equipment, You may purchase Equipment from Net2Phone when You register for the Service. You are responsible for the condition of the Equipment provided to You or which You otherwise utilize for the Service. You are responsible for replacing all lost, stolen or broken Equipment. Replacement charges will be based on the retail price of Equipment (as determined by Net2Phone), plus applicable shipping costs and taxes. You agree to immediately notify Net2Phone of any lost or stolen Equipment and shall cooperate with Net2Phone in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. Net2Phone’s liability for delivery shall cease, and title to such Equipment and all risk of loss or damage shall pass to You, upon delivery to a common carrier for shipment. Other than as expressly set forth below, Equipment may not be returned by Customer for any reason without prior approval of Net2Phone. If You cancel the Service during the first thirty (30) days following registration, then (subject to the conditions set forth below) you may return purchased Equipment. The returned Equipment must be returned in its original packaging, fully functional, show no signs of wear and tear, and be accompanied with all manuals, cords, wires, brochures, peripheral devices, and accessories that were originally shipped with the Equipment. Net2Phone may, in its sole discretion, decline Your return and charge You for the full retail value of the Equipment. You are responsible for all return shipping charges for any Equipment returned to Net2Phone for any reason, including situations in which hardware is covered under warranty. The Return Merchandise Authorization process is provided below. All returns that do not conform to the restrictions/procedures set forth in this Section 14 and/or the restrictions/procedures set forth in the Return Merchandise Authorization process set forth below may also be subject to an RMA Administrative Fee of up to $25.00 per piece of Equipment. If You are purchasing Equipment on a monthly payment plan, a separate agreement is required. Please contact Net2Phone Customer Support for more information. You agree that under no circumstances will Net2Phone have any liability to You or to any third party for any damages arising out of, associated with or related to installation or configuration of Equipment and/or the Service, whether such installation or configuration is performed by Net2Phone or its contractors/subcontractors.
- Service Availability. Net2Phone does not warrant that any descriptions, pricing, availability, marketing materials, promotional flyers, advertisements, or other printed or electronic materials or information related to the Service or Equipment is accurate, complete, reliable or comprehensive. Certain features or ancillary solutions related to the Service may be unavailable or subject to additional terms, restrictions and conditions. You acknowledge and agree that the Service may not be available 100% of the time. Credit allowances for interruption of the Service may only be provided on a case-by-case basis at the sole discretion of Net2Phone and shall be Your sole remedy for any Service interruptions or other issues with the Service.
- Service Changes. You understand and agree that Net2Phone may make modifications or changes to the Service, which will not materially diminish the functionality of the Service, without prior notice to You.
- 911 Service. See accompanying Emergency (911) Services Conditions and Limitations for additional terms and conditions. 911 Services are not available in all service areas depending on Your 911 Address. Service availability will be determined based upon the 911 Location You provide to Net2Phone. For Hosted PBX Service, under no circumstances may You alter Your caller ID Information. For SIP Trunking Service, when dialing emergency services, You must use a Net2Phone provided Phone Number as Caller ID that was registered with the location of the handset making the call. Any alteration or failure to properly register the location of the Phone Number, as the case may be, may result in difficulty accessing 911 Services and further result in a $100 surcharge per 911 call You make with such altered caller ID. In addition to the terms and conditions contained herein, Your use of 911 Services is subject to the Conditions and Limitations of Emergency (911) Services. You acknowledge that NET2PHONE does not offer primary line or lifeline services.
- Customer Representations & Warranties. You represent and warrant that you possess the legal right, capacity, and ability to agree to these Terms of Service. You represent and warrant that You have and will maintain at all times wireless or traditional wireline telephone service that will enable You to call 911 and any other applicable emergency service number. You represent and warrant that You will not use the Service in environments requiring fail-safe performance. You represent and warrant that the Customer Information and all other information provided in connection with Your Net2Phone Account are true and correct at all times. You represent and warrant that You will not use the Equipment or Service in violation of these Terms of Service.
- Customer Responsibilities. You are financially responsible for Your use of the Service, including the authorized or unauthorized use of Your Account. In order to use the Service, You must have properly configured and working Internet service and hereby agree, at Your sole expense: to (1) obtain access to Your own Internet service with a third party provider separate to the Service; (2) be responsible for payment of Internet connection or service fees and all equipment necessary to establish a connection to such Internet service, as may be required to use the Service; and (3) pay Net2Phone for the Service.
- Universal Service Recovery Fee. Net2Phone is required to contribute to the Federal Universal Service Fund, which provides support to promote access to telecommunications services at reasonable rates for those living in rural and high-cost areas, income-eligible consumers, rural health care facilities, and schools and libraries. Net2Phone reserves the right to recover these costs from its customers. Universal Service Fund rates are set by the Federal Communications Commission and are subject to change.
- Recording and Monitoring Conversations; Voicemail Transcription. The Service allows You to record individual telephone conversations. You may also purchase tools that will allow You to monitor telephone conversations. The laws regarding the permissibility, and notice and consent requirements, for recording and monitoring conversations vary from state to state. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using these features. Net2Phone expressly disclaims all liability with respect to Your recording and/or monitoring of telephone conversations. You hereby agree to release, hold harmless, and fully indemnify Net2Phone from and against any damages or liabilities of any kind related to Your recording and/or monitoring any telephone conversations using the Service.
The Voicemail Transcription feature converts audio voicemail messages into text, then emails the text to You and also displays the text in Your Account dashboard. You hereby agree that, in connection with providing You the Service, Net2Phone and/or its licensor(s) have the right to record and store the audio content of such voicemails and to transcribe such content to text. You understand and agree that the Voicemail Transcription feature may not accurately transcribe voicemails. You are solely responsible for checking the original message and verifying the accuracy of the message when using such feature. Net2Phone expressly disclaims all liability with respect to the conversion of voicemails to text.
- Termination. Net2Phone reserves the right to terminate the Service for any reason upon thirty (30) days’ notice. Net2Phone shall not be liable to You or any third party for any reason for terminating or suspending Your use or access to the Service. If You terminate the Service in the middle of a billing cycle, or Net2Phone terminates the Service as a result of Your breach of these Terms of Service or other terms and conditions contained on the Site, You shall not be entitled to any refund or pro ration of any pre-paid amounts, credits, or other amounts paid to Net2Phone prior to the termination or suspension date. Upon expiration, cancellation or termination of the Service, Customer shall relinquish and discontinue use of any Phone Numbers, voice mail access numbers, Logins and/or web portals assigned to Customer by Net2Phone or its vendors. Upon the termination of Service for any reason, disconnection fees may apply. Upon termination, we will charge You any fees and any other outstanding charges and disconnect the Service.
- Disclaimer of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, THE SERVICE IS PROVIDED “AS IS” AND NET2PHONE MAKES NO WARRANTIES AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. NEITHER NET2PHONE NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO NET2PHONE’S OR YOUR TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF YOUR DATA FILES, SOUND 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 NET2PHONE’S OR ITS VENDORS’ NEGLIGENCE. NEITHER NET2PHONE NOR ITS VENDORS WILL BE LIABLE FOR MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE. NEITHER NET2PHONE NOR ITS VENDORS WILL BE LIABLE FOR DELAYS OR INTERUPTIONS IN ACCESS TO OR USE OF THE SERVICE RESULTING FROM YOUR EQUIPMENT, USE OF THE INTERNET, OR TELECOMMUNICATIONS SYSTEMS. Net2Phone bears no responsibility or liability for any costS, damages, liabilities, or inconvenience caused by calls made to Your Number.
NET2PHONE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. NET2PHONE IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICE OR THE INTERNET IN GENERAL. NET2PHONE IS NOT RESPONSIBLE FOR THE CONTENT OF TRANSMISSIONS OR FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRDPARTY NETWORK USED IN CONNECTION WITH THE SERVICE.
- Limitation of Liability. IN NO EVENT SHALL NET2PHONE, ITS PARENT, SUBSIDIARIES AND AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, RESELLERS, CONTRACTORS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF NET2PHONE HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY NET2PHONE. NET2PHONE’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES NET2PHONE CHARGED YOU DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED, OR TEN THOUSAND DOLLARS $10,000, WHICHEVER IS LESS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. To the maximum extent permitted by applicable law, You shall indemnify and hold harmless, Net2Phone and its affiliates, their officers, directors, managers, employees, shareholders licensors, vendors, contractors, agents and resellers, (the “Indemnified Parties”) from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (1) the use of or reliance upon the Service by You or any third party acting upon Your permission, knowledge, authority or direction, (2) a breach by You of these Terms of Service, (3) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction, (4) Your inability to use the Service or failure or outage of the Service for any reason, including but not limited to those related to calling, “911” or other emergency responders, (5) the use of the Service in connection with Your violation of any applicable law, code, regulation, or ordinance, and/or (6) Your misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, intellectual property rights (including patent, trademark, copyright, and trade secret rights), rights of privacy, and rights of publicity and personality.
- Dispute Resolution. You agree that You may only resolve disputes with Net2Phone on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You hereby acknowledge that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are hereby waived by You. You agree that regardless of any statute or law to the contrary, any suit arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after the earlier of: (a) when such claim or cause of action arose or (b) termination of Service to Customer, or be forever barred. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any conflict of law principles thereof which might require the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“Rules”) before one arbitrator shall be chosen in accordance with the Rules. The Parties agree that all proceedings shall take place in the State of New Jersey, Essex County. You agree and submit to personal jurisdiction in New Jersey. Any award, order or judgment shall be deemed final and binding and may be enforced in any court of competent jurisdiction.
- Force Majeure. Net2Phone shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Net2Phone’s reasonable control.
- Assignment. Net2Phone may assign these Terms of Service and any of its rights and obligations hereunder at any time. You may not transfer or assign these Terms of Service or any of Your rights or obligations under these Terms of Service without Net2Phone’s prior written consent. Any purported transfer or assignment on Your part in violation of this section is void. Subject to the foregoing, these Terms of Service shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.
- No waiver of rights. Failure of either party at any time to require the other party’s performance of any obligation under these Terms of Service shall not affect the right to require performance of this obligation. Any waiver by either party of any breach of any provision hereof shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver or modification of the provision itself, or a waiver of modification of any right under these Terms of Service.
- Severability. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
- Publicity Rights. You agree that Net2Phone may identify You as a user of the Service in its business deals, press releases, marketing materials, electronic, printed, and broadcast advertising; newsletters, mailings, tradeshows, other promotional materials, on Net2Phone’s website, or any other third-party website where Net2Phone or its designated agents may promote the Service. You hereby grant Net2Phone and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
- Interpretation. These Terms of Service, including the documents incorporated herein, constitute the entire agreement between You and Net2Phone with respect to the Service and supersede all prior or contemporaneous understandings regarding such subject matter. The failure of Net2Phone to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or any other provision. Nothing in these Terms of Service shall be deemed or construed to constitute or create employment, partnership, association, joint venture, agency, or fiduciary relationship between the parties hereto. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
- Miscellaneous. This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
In order to protect the integrity of its trademarks, Net2Phone prohibits You from using any trademark or service mark appearing on the Site without the prior written consent of Net2Phone or the third-party owner of such mark. Net2Phone and the Net2Phone design logo are registered trademarks and/or service marks of Net2Phone or its parent or subsidiaries. Other trademarks appearing on the Site or other sites linked to from the Site are the property of Net2Phone or their respective owners, who may or may not be affiliated with or connected to Net2Phone or the Services corresponding to the Site.
Emergency (911) Services Conditions and Limitations
YOUR SAFETY IS OF THE UTMOST IMPORTANCE TO NET2PHONE. THIS IS WHY THE NET2PHONE OFFICE™ SERVICE OFFERS AN EMERGENCY CALLING FEATURE THAT PERMITS YOU TO DIAL 9-1-1 TO REACH EMERGENCY PERSONNEL. HOWEVER, THE 911-TYPE SERVICE OFFERED THROUGH NET2PHONE OFFICE™ IS FUNDAMENTALLY DIFFERENT IN SEVERAL IMPORTANT WAYS FROM TRADITIONAL WIRELINE AND WIRELESS 911 EMERGENCY ACCESS SERVICES. NET2PHONE OFFICE™ 911-TYPE SERVICE IS NOT A REPLACEMENT TO THE TRADITIONAL LOCAL WIRELINE 911 SERVICES OFFERED OVER THE PUBLIC SWITCHED TELECOMMUNICATIONS NETWORK AND WIRELESS 911 SERVICES IN YOUR LOCAL SERVICE AREA. NET2PHONE AND ITS THIRD PARTY UNDERLYING PROVIDERS CANNOT GUARANTEE THE RELIABILITY OF THE 911-TYPE DIALING FEATURES OF YOUR SERVICE. FOR HOSTED PBX SERVICES, NET2PHONE’S LIMITED 911-TYPE SERVICE IS AVAILABLE ONLY ON NET2PHONE AUTHORIZED HOSTED PBX EQUIPMENT (HEREINAFTER REFERRED TO AS “EQUIPMENT”), AND FOR SIP TRUNKING SERVICES, ONLY ON SUPPORTED SIP DEVICES (HEREINAFTER REFERRED TO AS “DEVICE”). YOU MUST PROPERLY ACTIVATE AND INSTALL YOUR EQUIPMENT/DEVICE AND ENSURE THAT THE INFORMATION YOU PROVIDE TO NET2PHONE IS ACCURATE. YOU MUST ALSO INFORM ANY OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF THE CONDITIONS AND LIMITATIONS OF NET2PHONE OFFICE’S 911-TYPE DIALING AND THE NON-AVAILABILITY OF TRADITIONAL 911 SERVICES FROM YOUR EQUIPMENT/DEVICE AND SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT NET2PHONE HAS APPRISED YOU OF THE CONDITIONS AND LIMITATIONS OF THE EMERGENCY (911) SERVICES AS SET FORTH HEREIN. NET2PHONE STRONGLY RECOMMENDS THAT YOU ALWAYS MAINTAIN AN ALTERNATE MEANS OF REACHING AN EMERGENCY (911) OPERATOR IN CASE OF AN EMERGENCY.
Service Outage, Power Failure or Disruption
Your 911-type dialing will not function in the event of a power failure or disruption in service. Should there be an interruption in power or broadband connection (including wireless broadband connection where applicable) for any reason whatsoever, the Service and 911 dialing will not function unless and until power and service is fully restored. In the event of a power failure you may be required to reset your Equipment, Device, routers, modems and/or switches prior to utilizing the Service or dialing 9-1-1. Service outages or termination of service by your broadband provider and/or ISP or by Net2Phone will prevent ALL Service including emergency (911) dialing. You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including emergency (911) dialing.
Use of TDD or TTY Devices
Your emergency 911-type service may not be fully compatible with all types of TDD or TTY devices for the hearing impaired and that where such devices are used to make calls, neither Net2Phone nor Net2Phone’s third party providers hold themselves out as providing or enabling Net2Phone to provide emergency services compatible with any TDD/TTY or other hearing impaired devices.
Connecting Your Equipment/Device
The emergency (911)-type service will not function unless you have successfully configured and connected your Equipment or Device and provided accurate and updated information to Net2Phone. Even if you properly connect your Equipment or Device and receive a dial tone, there may still be a delay in time when your emergency (911)-type dialing feature is fully activated. You cannot dial emergency (911) services unless and until you have confirmation that your Equipment or Device is operational as described herein, and your billable service has begun.
Failure to Designate the Correct Service Address When Activating 911 Dialing or Moving Your Equipment or Device
Your Service Address is the physical address that you provided during the sign-up process. The Service Address is the physical location from where you intend to use your Equipment or Device. Where the Service Address is visible to the emergency response operator, this is where emergency personnel will be sent to if you cannot communicate your actual physical location if different from your Service Address.
For Hosted PBX service, if you have more than one handset at your Service Address and each handset has a different number, you must make sure that the Service Address corresponds to each number where your handset is physically located. If you move your handset to a location other than your primary Service Address, you may not be able to place emergency calls or your calls could be misrouted to the incorrect emergency operator or incorrect emergency service personnel, or emergency personnel could be dispatched to the wrong address.
For SIP Trunking service, you must make sure to register a unique Phone Number with Net2Phone for each handset being utilized with your Device, provide and register with Net2Phone the accurate location of the handset, and make sure that when dialing 911, you send the proper Phone Number provided by Net2Phone which has the Service Address of the handset’s registered location. If you send a Phone Number that wasn’t registered for emergency services or with another address other than the service address of the handset placing the call, you may not be able to place emergency calls or your calls could be misrouted to the incorrect emergency operator or incorrect emergency service personnel, or emergency personnel could be dispatched to the wrong address.
Net2Phone does NOT recommend that you use the Equipment or Device to dial emergency access services if you move your Equipment or Device away from your registered Service Address. You acknowledge and understand that neither Net2Phone nor its third party service providers shall have any responsibility or liability for provision of the Service and 911-type access if the Equipment or Device is moved outside of your registered Service Address.
Changing Your Service Address and Use of Service Outside the United States/Canada
If you want to change your registered Service Address, you must contact Net2Phone’s Customer Service at firstname.lastname@example.org to update your address and determine whether emergency (911)-type services are available at the new location. Emergency (911)-type dialing is not available in all service areas. Emergency (911)-type service will NOT function outside of the United States/Canada. If Emergency (911)-type service is available at your new Service Address, it may be necessary for Net2Phone to assign a new phone number to you.
There is a greater possibility of network congestion and/or reduced speed in the routing of an emergency (911) call made from your NET2PHONE OFFICE™ Service as compared to traditional 911 dialing over wireline or wireless public telephone networks.
Automated Number Identification
The emergency dispatcher or administrative operator may not be able to identify your phone number when you dial emergency (911) using the NET2PHONE OFFICE™ Service. Existing emergency response systems are not always technically capable of receiving and/or passing routing information properly. Accordingly, emergency personnel may not be able to identify your phone number in order to call you back if your call is not completed, dropped or disconnected, or if you are unable to speak to tell the emergency dispatcher or operator your phone number and/or if the Service is not operational for any reason. If you enable any call redirection services with your NET2PHONE OFFICE™ Service such as Call Forwarding or Call Block, emergency personnel may not be able to call you back if your call is disconnected for any reason.
Automated Location Identification (E911)
Emergency personnel will be dispatched to your registered Service Address. This may or may not be the actual physical location of your Equipment or Device if you registered an incorrect or false Service Address or moved the Equipment or PBX Device without updating your registered Service Address with Net2Phone. If you dial 911, you must immediately tell the dispatcher your location (or the location of the emergency, if different). You must also not disconnect the line as the dispatcher may need a phone number to use to call you back. If you are unable to speak and describe your location, the emergency dispatcher may not be able to locate you or dispatch emergency personnel to the correct location. You will need to state the nature of the emergency promptly and clearly, including your location. You acknowledge and understand that emergency operators and emergency personnel will not be able to find your location if the call is not completed, dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
Home Security Systems and other Non-voice Communications Equipment
By agreeing to Net2Phone’s Conditions and Limitations of Emergency (911) Services, you hereby waive any claim against Net2Phone and Net2Phone’s third party providers for interference with or disruption of your home security systems and any and all other communications or electronic equipment that may occur due to your use of the Services and Equipment or Device.
Local Number Portability
The Conditions and Limitations of Emergency (911) Services as described in this agreement apply even if you are porting your number to your NET2PHONE OFFICE™ Service. If your Equipment or Device is not yet activated as of the Port Effective Date (the date on which your phone service is transferred to the NET2PHONE OFFICE™ Service), your existing phone service for the number you are transferring will be disconnected and you will have no service for that line. To avoid an interruption in your phone service, it is extremely important that you properly install your Equipment or Device prior to, or on, the Port Effective Date. An estimate of the Port Effective Date will be provided to you by Net2Phone via e-mail following your completion of the ordering process.
Limitation of Liability and Indemnification
You acknowledge that the NET2PHONE OFFICE™ Service’s 911-type dialing is NOT the same as traditional 911 or E911 dialing, and does not necessarily include all of the capabilities of traditional 911 and E911 dialing. You further acknowledge that the emergency (911) services hereunder may not work under all circumstances and is not as reliable as traditional 911 and E911 dialing.
IN NO EVENT SHALL NET2PHONE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THE FAILURE OF NET2PHONE OFFICE™ SERVICE’S 911-TYPE DIALING AND/OR INABILITY OF YOU OR ANY USER OF YOUR NET2PHONE OFFICE™ SERVICE TO BE ABLE TO DIAL 911, TO ACCESS EMERGENCY SERVICE PERSONNEL, TO ACCESS THE CORRECT PUBLIC SERVICE ANSWERING POINT ASSOCIATED WITH YOUR TELEPHONE NUMBER, OR TO CORRECTLY ROUTE AN EMERGENCY CALL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NET2PHONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND UNDERLYING SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR NET2PHONE OFFICE™ SERVICE.
By purchasing the NET2PHONE OFFICE™ Service, you hereby expressly release Net2Phone, its affiliates, directors, officers, employees, agents and underlying service providers from any and all liability associated with your use of the 911-type service offered through NET2PHONE OFFICE™.
Your sole and exclusive remedies are expressly set forth in the Terms of Service including these Conditions and Limitations of Emergency (911) Services. Some jurisdictions may not permit the exclusion or limitation of implied warranties, and some jurisdictions may not permit the limitations or exclusion of incidental or consequential damages, so certain of the above exclusions may not apply. In such jurisdictions, the liability of Net2Phone, its directors, officers, employees, affiliates, agents and underlying service providers shall be limited to the maximum extent permitted by law.
To Receive an RMA for Hosted PBX Equipment
- Contact support at email@example.com to begin the process.
- Provide the following to a support technician: RMA type, product name, serial number and MAC address (if applicable), and a reason for return of the product.
- A NET2PHONE support technician will troubleshoot the problem with the Customer to verify issues.
- An RMA number will be provided to the Customer for the return of the product(s) under warranty. The Customer must then provide a replacement shipping address.
- All replacements will be of like kind or better condition at the discretion of NET2PHONE.
Returning RMA Products
- All products are to be returned with the original manufacturer’s packaging.
- All original parts and materials (cords, connectors, power supplies, CD’s, books, etc.) must be included.
- The product must be packed properly in a shipping box, with the RMA number visible on the outside.
- Customer is responsible for freight back to NET2PHONE.
- Product must be returned to Net2Phone within 10 business days of receiving an RMA number.
Product should be returned to:
231 BEVERLY ROAD
GREENVILLE SC 29609
Product (s) returned without an RMA number will be immediately returned to You at Your cost.
Once RMA Product(s) Received
- When the faulty product is received, the NET2PHONE lab will test to confirm the product is defective.
- If the product is bad, a replacement product will be shipped (default method is ground) to customer.
- If the product is found good, it will be returned (default method is ground) to customer and shipping will be invoiced to customer.
- If a shipping method other than ground is requested by the customer, the customer will be responsible for the difference in charges between ground and the requested method.
- After the RMA is facilitated and the faulty product is shipped back to the manufacturer, if it is determined that the reason for product failure is physical damage, misuse, or any other reason that voids and/or is not covered under the warranty; the customer will be notified and charged the appropriate amount to repair the product to its original condition.
Updated: July 17, 2018