This document is an agreement between a Customer and Super Technologies, Inc. for communications and related services .By activating Virtual Phone Line Service with Super Technologies, Inc, Customer acknowledges that Customer has read and agrees to the terms of this Agreement. 1. SERVICE
Customer authorizes Super Technologies, Inc to verify its
creditworthiness with a credit reporting agency to determine customer's
eligibility for Service. If Customer is approved for Service, Customer
agrees not to resell the Service without the expressed written consent
of Super Technologies, Inc. Customer also agrees not to use Service for
any unlawful or destructive purpose or in such a way as to create damage
or risk to Super Technologies' business, reputation, employees,
facilities, third parties or to the public in general. Customer has no
proprietary or ownership rights to or interest in a specific phone
number or phone numbers assigned to Customer by Super Technologies, Inc.
The number is not portable to any other service provider. Customers who
choose to use the Service outside the United States do so at their own
risk. Super Technologies does offer customer service to Customers who
use the Service outside of the United States. Super Technologies does
attest that the Service does work outside of the United States in most
scenarios, but does not guarantee that the Service will work outside of
the United States.
Super Technologies does not exercise powers upon the acts of Service Providers/ Vendors, therefore if any Service Provider/Vendor changes the number which it has provided, Super Technologies will not charge the Customer for that number for that month. In any case Super Technologies will not be held responsible for any additional costs that the Customer may incur in the form of damages or any other costs incurred due to the change of the phone number by the Service Provider/Vendor. If the number remains out of service which may be for whatever reason for a period extending for more than 3 days in a row, in this case Super Technologies will not charge the DID rent charge for that monthly billing cycle. B. Term The term of this
Agreement depends on the plan, feature or promotion Customer selects and
is described in separate subscriptions, calling plans, or rate plans in
materials provided by Super Technologies, Inc. Customer agrees that it
has reviewed the appropriate plan materials and fully acknowledges and
agrees to the term of the Calling Plan. The term of this Agreement
begins on the date that Super Technologies, Inc activates Service for
the Number. Customer agrees to purchase the Service for the entire term.
The term of the Service shall continue for the number of full months
applicable to the term selected. If Customer attempts to terminate
Service prior to the end of the term, Customer will be responsible for
all charges, including without limitation, unbilled charges, which
immediately become due. After the expiration of Customer's Calling Plan,
Customer will be required to sign up for a new Calling Plan (it may
choose from all Calling Plans that are available at that time) in order
to continue receiving Service from Super Technologies, Inc.
C. Unauthorized Usage Customer may not use
the number for the any illegal activity of any country that the number
belongs to or the number rings to, and must follow the law's of the
local country where the number is from or where the number is ringing
in.
The calls on the number may be recorded by Super Technologies on the suspesion of misuse, and recorded calls may be handed over to government authorities without prior permission or notification to the customer Any Phone Number that Does not work for more than 3 days in a Row, will NOT be charged for that particlar given month.
Calls sent to your Ring To Number will be charged even if you are not able to hear the calling party, however it may be given a Credit Against at the disgresion of The Customer Service agent. Any and all complaints must be made via online ticketing system, and can not be issued credit of without making a ticket on the web. 2. CHANGES TO THIS AGREEMENT Super
Technologies, Inc. may amend the terms of the Agreement, including all
Calling Plans, with advance notice. If Customer does not agree to the
amendment, Customer may terminate the Agreement by giving Super
Technologies, Inc notice within 5 full business days (Monday through
Friday USA CST) of the date Super Technologies, Inc notifies Customer of
changes to this Agreement, and will be charged a disconnect fee. If
Customer uses the Service on the fifth day after Customer has been
notified and/or does not notify Super Technologies, Inc of its intent to
terminate the Agreement within 5 days, Customer is deemed to have
consented to the change. Any change will take effect in the next billing
cycle subject to pro rata billing during the then current billing
cycle. If Customer transfers to a Calling Plan having a term that is
shorter than its previous Calling Plan, it may remain obligated to the
previous Calling Plan, at the option of Super Technologies, Inc.
3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION Customer is
responsible for paying all charges posted to its account, including but
not limited to, monthly Service fee, setup fee, usage charges, advanced
feature charges, Device charges, shipping, and others. Charges,
including disputed amounts, must be paid by the date shown on the
invoice. Super Technologies, Inc calculates all rates at one-minute
increments, rounded up to the nearest minute, commencing upon the first
use of any services being provided. Customer agrees that (a) it would be
impractical to determine the exact amount of Super Technologies'
damages if Customer fails to pay promptly, and (b) in the event of such
failure, Customer shall pay Super Technologies, Inc the amount due. If
Super Technologies, Inc accepts late or partial payments or payments
marked "Paid in Full" or similar notations, it will not waive any of
Super Technologies, Inc rights hereunder nor will it constitute an
accord or satisfaction. Super Technologies, Inc reserves the right to
charge it's Customer for bills which are back dated for upto a period of
one year, if due to some reason an error has occurred in the billing
system of Super Technologies, Inc.
Super Technologies, Inc reserves the right to bill and collect weekly or otherwise than monthly if the amount due in any point of a month is greater than $150USD. Invoices are payable on receipt. Note that international calls are not included in the Unlimited USA incoming and outgoing call plan. Virtual Phone Line origination charges are charges that will be charged to receive the call on a particular phone number. Virtual Phone Line termination charges are charges for sending the call to a particular number or location.Virtual Phone Line monthly charge is the monthly line rent of the phone number. B. Credit Card Charges If Customer pays by
credit card, it authorizes Super Technologies, Inc. to charge the credit
card account number for Super Technologies, Inc charges that accrue
during the billing cycle. Customer reauthorizes Super Technologies, Inc
to charge its designated credit card account each time it uses Service
and/or as required by the Calling Plan Customer chooses. This
authorization will remain valid until terminated by written notice to
Super Technologies, Inc. It is expressly understood and agreed that the
term for Service will automatically renew for a similar term until such
time as Customer notifies us in writing of its intention not to renew.
Super Technologies, Inc may terminate your account at any time, in Super
Technologies, Inc's sole discretion, for declined credit cards or any
other non-payment of account charges with the understanding, however,
that Customer remains fully liable to Super Technologies, Inc for all
charges accrued from usage of Service and all charges incurred by Super
Technologies, Inc due to said declines, etc.
If your Credit Card decline to due to any reason for example, Billing Address not matched or Decline due to lack of funds then we will charge you 1$ Credit Card Decline Fees. If you have an issue with credit card charges, you should contact our company Super Technologies, Inc. first by logging into your account and create a ticket of communication concerning the matter. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s) we provide, you agree that we may suspend access to any and all accounts you have with us. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $100 (US Dollars). Reinstatement of Service(s). Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as "Super Technologies." C. Default/Termination
Super Technologies, Inc reserves the right to terminate Service at Super
Technologies, Inc's discretion. Super Technologies, Inc may discontinue
the Service, for any reason including without limitation, if it has
reason to believe that there have been attempts to hack or disrupt the
system, or that the Service is being misused in any way. In the event of
Customer default -- i.e. Customer does not pay any sum when due, breach
any representations you made to Super Technologies, Inc, fail to
perform any of your obligations set forth in this Agreement between
Customer and Super Technologies, Inc, are suspected by Super
Technologies, Inc of committing fraud, harming Super Technologies, Inc's
network, harming Service to other customers, using Service in any way
that damages Super Technologies, Inc -- Customer will reimburse Super
Technologies, Inc for its attorneys' and expert witnesses' fees and
costs of investigation, collection and similar expenses incurred by
Super Technologies, Inc in the enforcement of any right or privilege
hereunder. If this Agreement is terminated because of Customer default,
Super Technologies, Inc may keep any charges or sums prepaid by Customer
upon termination. Super Technologies, Inc may require reactivation
charges to renew Service after termination or suspension.
D. Taxes Any applicable sales,
use, excise, public utility or other taxes, fees or charges imposed on
Super Technologies, Inc as a result of providing the Service or a Device
will be added to Customer's account when imposed or required by law. If
Customer is exempt from payment of such taxes, it will provide Super
Technologies, Inc with an original Tax Exempt Document. Tax exemption
will only apply from the date Super Technologies, Inc receives the Tax
Exempt Document.
E. Device Returns in the Event of Calling Plan Termination If any
Device(s) was provided to Customer in conjunction with the signing of a
Calling Plan, and the Calling Plan is terminated for any reason,
Customer must return the Device(s) to Super Technologies, Inc within 30
days of termination. Failure to do so will result in charging Customer's
account and/or credit card the full amount of the Device.
4. LIMITATIONS Super
Technologies buys numbers from different Service Providers in the world
and does not exercise powers on the acts of these Service Providers,
therefore if any Provider changes the number which it has provided,
Super Technologies will not charge the customer for that number for that
month. In any case Super Technologies will not be responsible for any
additional costs that the Customer may incur in the form of damages or
any other costs incurred due to the change of the phone number.
Super Technologies, Inc's nonperformance hereunder shall be excused and Super Technologies, Inc shall not be liable if caused by act or omission of an underlying carrier; equipment, network or facility failure; equipment, network or facility upgrade or modification; acts of god; strikes; fire; war; riot; government actions; equipment, network or facility shortage; equipment or facility relocation or causes beyond Super Technologies, Inc's control, including without limitation the failure of an incoming or outgoing call, including a 9-1-1 emergency call to be connected or completed, or degradation of voice quality. Super Technologies, Inc's liability for any failure or mistake shall in no event exceed Service charges during the affected period. Super Technologies, Inc is not liable for any incidental or consequential damages of any type. B. Indemnification Customer agrees
to defend, indemnify, and hold Super Technologies, Inc, its affiliates
and agents and any other service provider, harmless from claims or
damages relating to this Agreement. This paragraph shall survive
termination of this agreement.
C. No Warranties on Service Super
Technologies, Inc provides no warranties of any kind on the Service.
Statements regarding or descriptions of the Service, if any, by Super
Technologies, Inc or Super Technologies, Inc's agents or installers are
informational and are not given as a warranty of any kind.
5. RESOLUTION OF DISPUTES
Any dispute or
claim between Customer and Super Technologies, Inc arising out of or
relating to the Service or Device provided in connection with this
Agreement shall be resolved by arbitration before a single arbitrator
administered by the American Arbitration Association in accordance with
its Commercial Arbitration Rules. Judgment on the award rendered by the
arbitrators may be entered in any court having jurisdiction thereof. All
claims shall be arbitrated individually and Customer will not bring, or
join a punitive or certified class action to arbitration or seek to
consolidate or bring previously consolidated claims in arbitration. The
arbitrator shall have no authority to award punitive damages. Customer
acknowledges that this arbitration provision constitutes a waiver of any
right to a jury trial.
B. Cost of Arbitration All administrative fees and expenses of an arbitration initially will be divided evenly between Customer and Super Technologies, Inc. In all arbitrations, each Party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing Party shall be awarded all attorneys' fees and costsattendant to each arbitration proceeding. The decision of the Arbitrator shall be final. The location of arbitration shall be Florida, unless otherwise agreed to by both Parties in writing. 6. MISCELLANEOUS Customer
acknowledges that the Customer is of legal age, has received a true copy
of this Agreement and has read and clearly understands the terms of
this Agreement.
B. Privacy IP telephony
utilizes, in whole or in part, the public Internet and third party
networks to transmit voice and other communications. Super Technologies,
Inc is not liable for any lack of privacy which may be experienced with
regard to the Service. Please refer to our Privacy Policy for
additional information.
C. Notices Notices to
Customer shall be sent to the email address on file for Customer at
Super Technologies, Inc and will be considered given on the date sent by
Super Technologies, Inc. Customer is responsible for notifying Super
Technologies, Inc of any changes to its email address. Notices to Super
Technologies, Inc shall be considered given when received by Super
Technologies, Inc at care@virtualphoneline.com
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