I. THE AGREEMENT
These Terms and Conditions constitute the agreement (the "Agreement") between VoIPLynx,
Inc. and the user ("you", "your", "user" or "Customer") of VoIPLynx domestic and
commercial communications services and any related products or services ("Service").
For purposes of the Agreement, "you" means the customer, defined as either (i) the
person identified in VoIPLynx account records as responsible for payment of all
charges; or (ii) any other person with actual or apparent authority to represent
that person or to use the service(s).
BY ENROLLING IN, USING, OR PAYING FOR THE VoIPLynx SERVICES, YOU AGREE TO THE
PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO
THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL
THE SERVICES IMMEDIATELY BY CALLING VoIPLynx AT THE TOLL FREE NUMBER ON THE FIRST
PAGE OF YOUR INVOICE FOR FURTHER DIRECTIONS.
The Agreement governs the Service and any devices, such as the Analog Telephone
Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction
with the Service. By activating the Service, you acknowledge that you have read
and understand, and you agree to, the terms and conditions of the Agreement, and
you represent that you are of legal age to enter the Agreement and become bound
by its terms.
VoIPLynx may change the Terms and Conditions of the Agreement from time to time.
Notices will be considered given and effective on the date posted on VoIPLynx website
at www.sagevone.com. The Agreement posted supersedes all previously agreed to electronic
and written Terms and Conditions.
The rates and charges for the Service, which may be found at www.sagevone.com, are
effective as of the date of service activation and are subject to change. For your
most current rates and charges, the most current version of the Agreement, or if
you have questions about your services, please visit our website at www.sagevone.com
(See Rates and Terms & Conditions link) or call us at the toll-free number listed
on the first page of your invoice.
II. EMERGENCY CALLING SERVICE
A. Non-Availability of Traditional 911 or E911 Dialing Service:
You acknowledge and understand that the Service does NOT support traditional 911
or E911 access to emergency services. VoIPLynx offers a limited Emergency Calling
Service available only on VoIPLynx Devices as described below, but you acknowledge
and understand that such Emergency Calling Service dialing is different in a number
of important ways from traditional 911 services, as described herein. VoIPLynx Emergency
Calling Service dialing is available only on VoIPLynx-certified Devices or Equipment.
You agree to inform any household residents, guests and other third persons who
may be present at the physical location where you use the Service as to the non-availability
of traditional 911 or E911 dialing from your VoIPLynx Service and Device(s). If
you activate VoIPLynx Emergency Calling Service dialing, you agree to inform any
household residents, guests and other third persons who may be present at the physical
location where you use the Service as to the important differences and limitations
of VoIPLynx Emergency Calling Service dialing as compared with traditional 911 or
E911 dialing, as set forth in this Agreement.
B. Description of Emergency Calling Service-Type Dialing Capabilities - Activation
VoIPLynx does offer an Emergency Calling Service that is different in a number of
important ways from traditional 911 services. When you dial 911, your call is routed
from the VoIPLynx network to the Public Safety Answering Point (PSAP) or local emergency
service personnel using the address that you provided to VoIPLynx. You acknowledge
and understand that when you dial 911 from your VoIPLynx Equipment you will be routed
to the general or administrative telephone number for the PSAP or local emergency
service provider, and will not necessarily be routed to the 911 dispatcher(s) who
are specifically designated to receive incoming 911 calls using traditional 911
dialing. Additionally, some PSAPs may from time to time refuse to accept calls from
VoIP providers such as VoIPLynx. As described herein, this Emergency Calling Service
dialing currently is NOT the same as traditional 911 or E911 dialing, and at this
time, does not necessarily include all of the capabilities of traditional 911 dialing.
C. Service Outage:
1. Power Outage
You acknowledge and understand that Emergency Calling Service dialing does not function
without power. Should there be an interruption in the power supply, the Service
and Emergency Calling Service dialing will not function until power is restored.
A power failure or disruption may require the Customer to reset or reconfigure equipment
before using the Service or Emergency Calling Service dialing.
2. Broadband Service Outage
You acknowledge and understand that service outages by your broadband provider will
prevent, and that network congestion may slow, ALL Service including Emergency Calling
3. Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account
as a result of billing issues will prevent ALL Service, including Emergency Calling
4. Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason,
such outage will prevent ALL Service, including Emergency Calling Service dialing.
Such outages may occur for a variety of reasons, including, but not limited to those
reasons described elsewhere in this Agreement.
5. Limitation of Liability and Indemnification
You acknowledge and understand that VoIPLynx liability is limited for any Service
outage and/or inability to dial Emergency Calling Service from your line or to access
emergency service personnel, as set forth in this document. You agree to defend,
indemnify, and hold harmless VoIPLynx, its officers, directors, employees, 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,
damages, fines, penalties, costs and expenses (including, without limitation, reasonable
attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's
Service relating to the absence, failure or outage of the Service, including Emergency
Calling Service dialing and/or inability of Customer or any third person or party
or user of Customer's Service to be able to dial 911 or to access emergency service
D. Failure to Designate the Correct Physical Address for Emergency Calling Service
The address which the Customer provided to VoIPLynx is the address that is applied
to your Service for Emergency Calling Service dialing. Should you need to change
this address, you must change this on the "My Account" section at the VoIPLynx website
or contact VoIPLynx Customer Service immediately to correct this address. It may
take up to three business days to effectuate a change of address or update of an
address. Failure to provide the current and correct physical address and location
of your VoIPLynx equipment will result in any Emergency Calling Service communication
you may make being routed to the wrong local emergency service provider.
E. Changing Your Primary Phone Number
You acknowledge and understand that if you change your primary VoIPLynx phone number
you will not be able to change your Emergency Calling Service address for seventy-two
(72) hours. During that time, any Emergency Calling Service calls that you may make
will be routed using the address that was in VoIPLynx's records before you changed
your phone number.
F. Change of Physical Location of VoIPLynx Equipment:
You acknowledge and understand that Emergency Calling Service dialing does not function
properly or may not function at all if you take your equipment with you away from
the address or physical location that you have designated.
G. Requires Re-Activation if You Move:
You acknowledge and understand that Emergency Calling Service dialing will not function
properly or at all if you move or change the physical location of your VoIPLynx
equipment to a different street address, unless and until you have successfully
changed your Emergency Calling Service address on the "My Account" section at the
VoIPLynx website or contacted VoIPLynx Customer Service to correct your Emergency
Calling Service address. Failure to provide the current and correct physical address
and location of your VoIPLynx equipment will result in any Emergency Calling Service
dialing you may make being routed to the incorrect local emergency service provider.
H. Possibility of Network Congestion and/or Reduced Speed for Routing Emergency
You acknowledge and understand that there is a greater possibility of network congestion
and/or reduced speed in the routing of an Emergency Calling Service communication
made using your VoIPLynx Equipment as compared to traditional 911 dialing over traditional
public telephone networks. You acknowledge and understand that Emergency Calling
Service dialing from your VoIPLynx equipment will be routed to the general or administrative
telephone number for the local emergency service provider, and will not be routed
to the 911 dispatcher(s) who are specifically designated to receive incoming 911
calls at such local provider's facilities when such calls are routed using traditional
911 dialing. You acknowledge and understand that there may be a greater possibility
that the general or administrative telephone number for the local emergency service
provider will produce a busy signal or will take longer to answer, or not answered
at all, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically
designated to receive incoming 911 calls using traditional 911 dialing.
I. Automated Number Identification:
It is not possible for the Public Safety Answering Point (PSAP) and the local emergency
personnel to identify your phone number when you dial 911 to access Emergency Calling
Service dialing. VoIPLynx system is configured in most instances to send the automated
number identification information; however, the phone system routes the traffic
to the PSAP and the PSAP itself must be able to receive the information and pass
it along properly, and they may not yet always technically capable of doing so.
You acknowledge and understand that PSAP and emergency personnel may not be able
to identify your phone number to return your call if the call is unable to be completed,
is dropped or disconnected, or if you are unable to speak to tell them your phone
number and/or if the Service is not operational for any reason, including without
limitation those listed elsewhere in this Agreement.
J. Automated Location Identification:
It is not possible to transmit identification of the address that you have listed
to the Public Safety Answering Point (PSAP) and local emergency personnel for your
area when you use Emergency Calling Service dialing. You acknowledge and understand
that you will need to state the nature of your emergency promptly and clearly, including
your location, as PSAP personnel will NOT have this information. You acknowledge
and understand that PSAP and emergency personnel will not be able to find your location
if the call is unable to be completed, is 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.
K. Alternative Emergency Calling Service Arrangements
You acknowledge that VoIPLynx does not offer primary line or lifeline services.
You should always have an alternative means of accessing traditional E911 services.
Service is offered on a monthly basis for a term that begins on the date that VoIPLynx
activates your account (the "Activation Date") and ends on the day before the same
date in the following month. The Activation Date will begin 72 hours after you sign-up
for the Service. Subsequent terms of this Agreement automatically renew on a monthly
basis without further action by you unless you give VoIPLynx written notice of non-renewal
at least ten  days before the end of the monthly term in which the notice is
given. You are purchasing the Service for full monthly terms, meaning that if you
terminate Service before the end of a monthly term, you will be responsible for
the full month's charges to the end of the then-current term, including without
limitation unbilled charges, plus any applicable disconnect fee, all of which immediately
become due and payable. Expiration of the term or termination of Service does not
excuse the Customer from paying all unpaid, accrued charges due in relation to the
B. Disconnect Fee
If Customer cancels the Service for any reason or for convenience within twelve
(12) months of the Activation Date, Customer will be charged a disconnect fee of
$39.95 per voice line upon cancellation of Service by Customer. The disconnect fee
becomes due and payable immediately upon cancellation and will be billed directly
to Customer's credit card. If Customer has multiple lines, Customer will be charged
a disconnect fee of $39.95 per line for each line cancelled. Cancellations requests
should be sent via email to our Billing Department at BillAdmin@VoIPLynxinc.com
Sagevone is not able to schedule cancellations for a future date.
C. Money Back Guarantee
Where applicable, VoIPLynx offers 30-day money back guarantee to customers with
compatible network but have experienced un-resolvable service issues continuously
for 96 hours after initial sign-up. Money Back Guarantee is applicable to one primary
line per account, not additional or secondary lines. Under terms of the Money-Back
Guarantee, VoIPLynx refunds the activation fee, first month of service and waives
the disconnect fee. VoIPLynx reserves the right to terminate or revoke the Money-Back
Guarantee at any time, without prior notice.
Customer must cancel service within 30 days of the Activation Date. Equipment must
be returned within 30 days. Usage must not exceed 250 minutes within the first 30
days of service. Customer is responsible for any charges for overage, international
traffic or directory assistance. Cancellation may take up to two business days.
Any usage after contacting VoIPLynx is Customers responsibility. Accounts exceeding
250 minutes of usage are not eligible for refund. Customer may not port away a new
phone number (DID) if Customer cancels within thirty days.
All returned equipment must be in the original packaging with the UPC or bar code
intact. All components, manuals and registration card(s) must be included. Equipment
must be returned with a valid return authorization number obtained from VoIPLynx
Customer Care. Customer is responsible for return shipping of equipment. The money
back guarantee will not be honored if Customer fails to meet all above requirements.
D. Residential Use of Service and Device
If you have subscribed to VoIPLynx's residential services, the Service and Device
are provided to you as a residential user, for your personal, residential, non-business
and non-professional use. This means that you are not using them for any commercial
or governmental activities, profit-making or non-profit, including but not limited
to home office, business, sales, telecommuting, telemarketing, autodialing, continuous
or extensive call forwarding, fax broadcast, fax blasting or any other activity
that would be inconsistent with normal residential usage patterns. This also means
that you are not to resell or transfer the Service or the Device to any other person
for any purpose, or make any charge for the use of the Service, without express
written permission from VoIPLynx in advance. You agree that your use of the Service
and/or Device, or the use of the Service and/or Device provided to you by any other
person for any commercial or governmental purpose will obligate you to pay VoIPLynx
higher rates for commercial service on account of all periods, including past periods,
in which you use, or used, the Service for commercial or governmental purposes.
VoIPLynx reserves the right to immediately terminate or modify the Service, if VoIPLynx
determines, in its sole discretion, that Customer's Service is being used for non-residential
or commercial use.
E. Business Use of Service and Device
If you have subscribed to VoIPLynx's Business Plan, the Service and Device are provided
to you as a small business user. This means that you are not to resell or transfer
the service or device to any other person for any purpose. You agree that the VoIPLynx
Business Plan does not confer the right to use the service for auto-dialing, continuous
or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. VoIPLynx
reserves the right to immediately terminate, modify or upgrade the Service, if VoIPLynx
determines, in its sole discretion, that Customer's Service is being used for any
of these. If you have a residential plan and using the Services for business purposes
VoIPLynx reserves the right to discontinue the service and re-rate your past usage
at the then business rate retroactively to when the service was established.
F. Notice of Rate Changes
VoIPLynx may change the prices and charges for the Services from time to time without
G. Rounding Policy
For billing purposes, the length of each metered call is rounded as described in
each Calling Plan. If the computed charge for a call includes a fraction of a cent,
the fraction is rounded up to the nearest whole cent. If the computed charges for
taxes and surcharges include a fraction of a cent, the fraction is rounded up to
the nearest whole cent.
H. Calls to International Mobile Telephones; International Special Services Calls
VoIPLynx published rates for international calls are generally the rates charged
for calls to landline telephones. Some calls to international mobile telephones,
or to international telephone numbers considered to be special services calls, are
charged a different (usually higher) rate than calls to landline telephones. The
rates you will be charged are set forth in the calling plan rate tables and are
typically designated by a "MOB", "cellular", "mobile" or "M" notation.
I. Timing of Calls
Generally, timing of metered calls begins when the called party or an automated
answering device (such as an answering machine or a facsimile machine) answers the
call, and ends when one of the parties disconnects from the call. However, some
foreign carriers (with whom VoIPLynx must interconnect in order to terminate calls
to foreign countries) designate a call as "answered" when the called party's line
rings or after a certain number of rings, and will charge VoIPLynx for a completed
call. In these situations, VoIPLynx will charge for the call as if it were answered
by the called party.
J. Use of Service and Device by Customers Outside the United States:
While we encourage use of the Service within the United States to other countries,
VoIPLynx does not presently offer or support the Service to customers located in
other countries. If you remove the Device to a country other than the United States
and 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 Device by any person making use of the
Service or Device provided to you.
K. Loss of Service Due to Power Failure
The Service does not function without power. Should there be an interruption in
the power supply, the Service will not function until power is restored. A power
failure or disruption may require you to reset or reconfigure equipment before using
the Service. Power disruptions or failures will also prevent dialing to emergency
service numbers including the Emergency Calling Service calling feature.
L. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service
or provided to Customer in conjunction with providing the Service, or embedded in
the Device, and all Services, information, documents and materials on VoIPLynx website(s)
are protected by trademark, copyright or other intellectual property laws and international
treaty provisions. All websites, corporate names, service marks, trademarks, trade
names, logos and domain names (collectively "marks") of VoIPLynx are and shall remain
the exclusive property of VoIPLynx and nothing in this Agreement shall grant you
the right to license or to use such marks. You acknowledge that you are not given
any license to use the firmware or software used to provide the Service or provided
to Customer in conjunction with providing the Service, or embedded in the Device,
other than a nontransferable, revocable license to use such firmware or software
(without making any modification thereto) strictly in accordance with the terms
and conditions of this Agreement, and that the Device is exclusively for use in
connection with the Service. If you decide to use the Service through an interface
device not provided or recommended by VoIPLynx, which VoIPLynx reserves the right
to prohibit in particular cases or generally, you promise that you possess all required
rights, including software and/or firmware licenses, to use that interface device
with the Service and you will indemnify and hold harmless VoIPLynx against any and
all liability arising out of your use of such interface device with the Service.
M. Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of
the Device, or to perform a factory reset of the Device, without express permission
from VoIPLynx. VoIPLynx reserves the right to terminate your Service should you
tamper with the Device, leaving you responsible for the full month's charges to
the end of the current term, including without limitation unbilled charges, plus
any applicable disconnect fee, all of which immediately become due and payable.
N. Theft of Service
You agree to notify VoIPLynx immediately, in writing, by electronic mail or by calling
the VoIPLynx customer support line, if the Device is stolen or if you become aware
at any time that your Service is being stolen or used fraudulently. When you call
or write, you must provide your account number and a detailed description of the
circumstances of the Device theft or fraudulent use of Service. Failure to do so
in a timely manner may result in the termination of your Service and additional
charges to you. You will be liable for all use of the Service using a Device stolen
from you and any and all stolen Service or fraudulent use of the Service. Notwithstanding
anything herein to the contrary, credits will not be issued for charges resulting
from fraud that arises out of third parties hacking into your equipment or the internet.
This includes, but is not limited to, modem hijacking, wireless hijacking or other
fraud arising out of a failure of your internal/corporate procedures. VoIPLynx will
not issue credit for invoiced charges for fraudulent use resulting from your negligent
or willful acts or those of an authorized user of your service.
O. Number Transfer on Service Termination
VoIPLynx may, solely at its discretion, release the telephone number that was ported
to VoIPLynx by you and used in connection with your Service provisioned by VoIPLynx
to your new service provider, if such new service provider is able to accept such
number, upon your termination of the Service, and provided (i) your account has
been terminated; (ii) your VoIPLynx account is completely current including payment
for all charges and applicable disconnect fees; and (iii) you request the transfer
upon terminating your account. Customer will not be able to port away the telephone
number if Customer cancels within thirty days of the Activation Date.
P. Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important
distinctions exist between telephone service and the enhanced Service offering provided
by VoIPLynx. The Service is subject to different regulatory treatment than phone
service. This treatment may limit or otherwise affect your rights of redress before
Q. Collect Call and Operator Services
VoIPLynx offer collect call or operator services via this Service; however, they
are not included in the bundled plans that VoIPLynx offers using this service. All
collect call and operator assistance services will be billed on a per use basis.
R. International DIDs or phone numbers
Customers that have international (non-United States) direct inward dial phone numbers
("DIDs") are provided with these numbers based on current United States and overseas
regulations. These regulations are subject to change without notice and VoIPLynx
may be required to discontinue this service, without notice. VoIPLynx reserves the
right to discontinue International DID services for any reason at any time and is
only obligated to refund the pro-rated monthly fee.
S. International Services
1. Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose,
upon the portion of the end-to-end international service or facilities they provide,
certain limitations or restrictions that may limit your ability use the VoIPLynx
services. You must conform to any limitations or restrictions imposed by the foreign
carriers or agencies.
2. Foreign Carrier Acts or Omissions.
a. When other U.S. or foreign carriers and foreign telecommunications administrations
use facilities to establish connections to points not reached by VoIPLynx's network,
VoIPLynx is not liable for acts or omissions of other carriers or foreign telecommunications
b. International calls are priced on the basis of the country and city codes dialed
by you. When the facilities of other U.S. or foreign carriers are used in establishing
connections to points not reached by VoIPLynx's network, VoIPLynx is not liable
for refunds or damages if those calls do not terminate in the country, city or area
codes associated with the called number.
In addition to surcharges that may be found in the applicable Calling Plan, VoIPLynx
may adjust its rates and charges or impose additional rates and charges to recover
amounts it is required or permitted by governmental or quasi-governmental authorities
to collect from others or pay to others in support of statutory or regulatory funds
or programs ("Governmental Charges").
1. All taxes, tax-like charges, and tax-related surcharges are referred to collectively
as "Tax(es)." VoIPLynx may elect to impose and collect such Taxes, unless otherwise
constrained by court order or direction.
2. You agree to pay all Taxes imposed. If VoIPLynx has collected Taxes and a challenged
Tax is found to have been invalid and unenforceable, VoIPLynx, in its sole discretion,
will either reduce service rates for a fixed period of time in the future in order
to flow-through to customers an amount equivalent to the amounts collected, or it
will credit or refund such amounts to affected customers (less its reasonable administrative
costs), if the amounts collected were retained by VoIPLynx or if they were delivered
to the jurisdiction and returned to VoIPLynx, or it will negotiate an arrangement
with the jurisdiction to provide a future benefit for customers in that jurisdiction.
3. If you provide VoIPLynx with a duly authorized tax exemption certificate, VoIPLynx
will exempt you in accordance with law, effective on the date VoIPLynx receives
V. Refer Program
- The campaign is valid until
- To get your referral credit,
your friend must sign up and make a payment before the offer ends.
- Users are considered to be
referred by you only if they signed up for service and indicate your email as the
referee during sign-up.
- When a user who has signed
up after being referred by you, makes their first payment, your account will be
credited with your referral credit.
- All credits and payments made
during the campaign are non-refundable and non-transferable.
- The purpose of this campaign
is to promote the spreading of this service to new subscribers. Thus for a person
to “refer themselves” by creating several accounts with different phone numbers
is against the spirit of this campaign and will be considered as misuse.
- VoIPLynx has the right to withdraw
issued bonuses in the case of misuse or fraudulent behavior.
- VoIPLynx reserves the right
to reject or terminate the campaign at any time and for any reason, at VoIPLynx’s
IV. RESTRICTIONS ON THE USE OF SERVICE
A. VoIPLynx offers its services subject to availability of facilities, limitations
of service offerings, and the provisions of this Agreement.
B. Services provided by VoIPLynx under the Agreement will not be used: (1) for any
unlawful purpose; (2) for making telephone calls that use automatic dialing devices
and terminate into electronic information services, pay-per-call services, or other
domestic or international audio text services; (3) for international call-back offerings
using uncompleted call signaling to any country, when that country has prohibited
such an offering by statute or regulatory decision; or (4) for business usage under
a residential Service plan.
C. VoIPLynx may (1) deny, for any lawful reason, your request for service, or (2)
limit or allocate the facilities available to or used by any Service, if necessary,
to manage its network in an efficient manner; meet reasonable service expectations;
furnish service to existing and future customers based on forecasted customer requirements;
or for any other lawful reason.
D. VoIPLynx may, without notice (consistent with governing laws or regulations),
block traffic to or from specific countries, country codes, cities, city codes,
local telephone exchanges ("NXX exchanges"), individual telephone stations, groups
or ranges of individual telephone stations, or calls using certain customer authorization
codes, whenever VoIPLynx deems it necessary to take such action to prevent (1) the
unlawful use of service; (2) nonpayment for service; (3) the use of service in violation
of this Agreement; or (4) network blockage or the degradation of service furnished
to you or other customers.
V. PAYMENT OBLIGATIONS
A. You must provide VoIPLynx with a valid credit card number when the Service is
activated. If the credit card expires, you close your credit card account or your
billing address changes, or the credit card is cancelled and replaced because of
loss or theft, you must advise VoIPLynx immediately. VoIPLynx will invoice all charges
on a monthly basis, in advance, to your credit card, including but not limited to:
activation fees and monthly Service fees, advanced feature charges, equipment purchases
and shipping and handling charges. Any charges not included in your rate plan and
any additional usage charges are billed after each billing period. If VoIPLynx changes
its rates, recurring monthly charges affected by such change will be assessed at
the new rate for the full billing period during which the new recurring charge rate
B. VoIPLynx may terminate your Service at any time in its sole discretion, if any
charge to your credit card on file with VoIPLynx is declined or reversed, your credit
card expires and you have not provided VoIPLynx with a valid replacement credit
card or in case of any other non-payment of account charges. Termination of Service
for declined or expired card, reversed charges or non-payment leaves you fully liable
to VoIPLynx for all charges accrued before termination and for all costs incurred
by VoIPLynx in collecting such amounts, such as (but not limited to) collection
costs and attorney's fees.
C. You are responsible for payment of all charges for services furnished to you
and anyone authorized by you to use your service. This responsibility is not changed
by virtue of any use, misuse, or abuse of your service undertaken or caused by third
D. You must promptly notify VoIPLynx of any change in your invoicing address or,
if applicable, in the credit card or bank account used for payment. You should notify
the VoIPLynx Customer Care Department by e-mailing VoIPLynx at the following address:
E. VoIPLynx will invoice Customer for Services on a monthly basis in advance and
all payments are due and payable by Customer without demand or setoff within thirty
(30) days from the invoice date (the "Due Date"). Amounts not paid within twenty-nine
(29) days of the invoice date will be considered past due. If you make any late
payments, and we bill you for the Services, we will charge you a late fee of 1.5%,
which we apply to that period's charges and any outstanding charges and late payment
charges that remain unpaid at the time of the next bill. If the state law where
you receive the VoIPLynx services requires a lower rate, we will apply that rate.
F. If VoIPLynx becomes concerned at any time about your ability to pay for services,
VoIPLynx may require that you pay its charges within a specified number of days
and that you make such payments in cash or the equivalent of cash.
G. If VoIPLynx hires a collection agency to collect, or attempt to collect, any
charges owed to it, you will be liable to VoIPLynx for an additional payment equal
to 35% of the charges owed, where permitted by applicable law. If VoIPLynx incurs
any fees or expenses, including attorneys' fees, in collecting, or attempting to
collect, any charges owed VoIPLynx other than by hiring a collection agency, you
will be liable to VoIPLynx for the payment of all such fees and expenses reasonably
H. If billing systems or other support is not available for a service, feature,
surcharge, tax or other charge element at the time of service provision, VoIPLynxwill
bill for that service, feature, surcharge, or other charge element as soon as it
is capable of doing so.
I. No Credit Allowances for Interruption of Service. You acknowledge and agree that
the Service is provided "as is." Credit allowances for interruption of Service,
including international calling services, will not be provided.
VI. CANCELLATION OF SERVICE
A. By the Customer
1. If you cancel your Service after the 30 day Money Back Guarantee period, described
in Section III.C. above, you will be charged a Disconnect fee, pursuant to section
2. If you cancel your Service with VoIPLynx, you will not be able to use the Device
3. Cancellation may take up to two business days.
4. Your credit card will be charged for any usage after contacting VoIPLynx to cancel
B. By VoIPLynx
1. VoIPLynx reserves the right to discontinue furnishing services, cancel your account,
and/or block your access to VoIPLynx network, without incurring any liability, immediately
and without notice if VoIPLynx deems that such action is necessary to prevent or
to protect against fraud or to otherwise protect VoIPLynx's personnel, agents, facilities,
or services. Without limitation, VoIPLynx may take such actions if:
a. You refuse to furnish information or furnish false information that (i) is essential
for billing; or (ii) pertains to your creditworthiness, your past or current use
of common carrier communications service, or your planned use of such service;
b. You indicate that you will not comply with a request for security for the payment
c. Your service usage charges exceed established parameters based on your history
of usage, which may indicate a likelihood of non-payment or possible fraud;
d. You have been given written notice by VoIPLynx of any past due amount (which
remains unpaid, in whole or in part) for any of VoIPLynx's or an affiliated carrier's
service to which you either subscribe or had subscribed or used;
e. You either refuse to pay when billed for service or indicate to VoIPLynx or an
entity billing on VoIPLynx's behalf that you do not intend to pay for service used
f. You use, or attempt to use, service with the intent to avoid the payment, either
in whole or in part, of the charges for the service by (i) using or attempting to
use service by rearranging, tampering with, or making connections to service in
an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers,
false credit devices, or other fraudulent means or devices;
g. You act, or fail to act, in a manner that hinders or frustrates any investigation
by VoIPLynx or others having legal authority to investigate your legal obligations;
h. Your telephone equipment fails to pass back to VoIPLynx the appropriate signal
to start and stop billing for a call;
i. You were previously provided with notice of breach of contract, took corrective
action, but thereafter engage in the same breach activity; or
j. You act in a manner that is threatening, obscene, harassing, or abusive to VoIPLynx
k. You act in violation of sections III. D. or III. E. above.
2. VoIPLynx reserves the right to discontinue furnishing services, cancel your account,
and/or block your access to VoIPLynx network, without incurring any liability, immediately
upon written notice to you if:
a. Any invoice charges remain outstanding and owed by you after the 30th day from
the date of the invoice notifying you of the charges; or
b. You fail to comply with a request by VoIPLynx for security for the payment for
3. The discontinuance of service(s) by VoIPLynx pursuant to these provisions does
not relieve you of any obligation to pay VoIPLynx for charges due and owing for
service(s) furnished up to the time of discontinuance. VoIPLynx may charge you a
Disconnect fee if your service is canceled pursuant to either section VI. B. 1.
or VI. B. 2. above.
A. VoIPLynx will not be liable for: (i) any failure of performance due to causes
beyond its control, including, but not limited to, acts of God, fires, floods or
other catastrophes; national emergencies, insurrections, riots or wars, acts of
terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any
law, order, regulation or other action of any governing authority or agency thereof;
or (ii) delayed installation of VoIPLynx's facilities or commencement of service.
B. With respect to any other factual allegation, legal claim, or dispute by you
or by any others, for damages associated with the ordering (including the reservation
of any specific number for use with a service), installation (including delays thereof),
provision, termination, maintenance, repair, interruption, or restoration of any
service or facilities offered by VoIPLynx, VoIPLynx's liability, if any, will be
limited as follows:
1. With respect to the attempts to route calls to public safety answering points
or municipal emergency service providers, as described in Section II, VoIPLynx's
liability, if any, will be limited to the lesser of: (a) the actual monetary damages
incurred and proved by you as the direct result of VoIPLynx's action, or failure
to act, in routing the call, or (b) the sum of $1,000.00.
2. With respect to the provisioning of, or any error or omission in, data, information,
or content furnished in connection with any service provided by VoIPLynx, for example,
Directory Assistance, VoIPLynx's liability will be limited to the lesser of: (a)
the amount of actual money damages proven by you to have been incurred as the proximate
result of your reliance on such data, information, or content; or (b) $100.00.
3. VoIPLynx shall not be liable for any delays or incompletion or costs or charges
pursuant to a delay or incompletion in local number portability (LNP).
C. IN NO EVENT WILL VoIPLynx BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST
PROFITS (WHETHER OR NOT VoIPLynx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT.
THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
D. VoIPLynx will be indemnified, defended, and held harmless by you against all
claims of loss or damage arising from the use of service furnished by VoIPLynx,
1. Allegations or claims for libel, slander, invasion of privacy, or infringement
of copyright arising out of the material, data, information, or other content transmitted
via VoIPLynx service; and
2. All other allegations and claims arising out of any intentional act or omission
by you or others authorized by you to use the service, in connection with any service
provided by VoIPLynx.
E. VoIPLynx MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT
ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE OR NON INFRINGEMENT.
VoIPLynx DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON VoIPLynx's BEHALF AND
YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY VoIPLynx.
F. VoIPLynx will not be liable for any act or omission of any other company or companies
furnishing a portion of the service, or from any act or omission of a third party,
including those vendors participating in VoIPLynx offerings made to you, or for
damages associated with service, or equipment that it does not furnish, or for damages
that result from the operation of customer provided systems, equipment, facilities
or services that are interconnected with VoIPLynx services.
VIII. DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES
FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL
ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
The arbitration process established by this section is governed by the Federal Arbitration
Act ("FAA"), 9 U.S.C. Sec. 1-16. Both you and VoIPLynx have the right to take any
dispute that qualifies to small claims court rather than arbitration. All other
disputes arising out of or related to this Agreement (whether based in contract,
tort, statute, fraud, misrepresentation or any other legal or equitable theory)
must be resolved by final and binding arbitration. This includes any dispute based
on any product, service or advertising having a connection with this Agreement and
any dispute not finally resolved by a small claims court. The arbitration will be
conducted by one arbitrator using the procedures described by this Section. If any
portion of this Dispute Resolution Section is determined to be unenforceable, then
the remainder shall be given full force and effect. The arbitration of any dispute
involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration
Rules of the American Arbitration Association ("AAA"), as modified by this Agreement,
which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial
Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000.
You have the right to be represented by counsel in arbitration. In conducting the
arbitration and making any award, the arbitrator shall be bound by and strictly
enforce the terms of this Agreement and may not limit, expand, or otherwise modify
its terms. The arbitrator may not award punitive, exemplary or similar damages.