 |
Terms
of Service
|
 |
| |
This
document is an agreement between a
Customer and Super Technologies, Inc.
for communications and related services
. The terms "Device"
and "Phone
adapter" refers to
an IP phone, software or any other
IP connection device used in conjunction
with Virtual Phone Line Service. 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
a.
Use of 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 program the Number
into any equipment or infrastructure
in or on which the number is intended
or used as the origination or destination
of a communication other than the
Device that was provided by Super
Technologies without expressed written
consent of Super Technologies, Inc.
Customer may not change the electronic
serial number or equipment identifier
of the Device. If the Device is stolen
or Service is fraudulently used, Customer
must immediately notify Super Technologies,
Inc and provide such documentation
and information as Super Technologies,
Inc may request which includes, but
is not limited to, a copy of a filed
police report. Customer agrees to
cooperate with Super Technologies,
Inc in any fraud investigation and
to implement any fraud prevention
measure Super Technologies, Inc prescribes.
Failure to provide reasonable cooperation
will result in Customer liability
for all fraudulent usage. Customer
agrees to advise Super Technologies,
Inc if service usage changes from
either residential or business use.
d.
Return Policy
There is no return available on the
Virtualphoneline service. Any problems
of the customer should be addressed
by logging into customer's Virtualphoneline
account. Click on "e-mail us."
Enter the complaint and click Submit.
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
a. Billing and Payment of Charges
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
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
a.
Limitation of Liability
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.
d. No Warranties,
or Limited Warranties, for Devices
If Customer purchased the Device
new from Super Technologies, Inc
and the Device included a limited
warranty at the time of purchase,
Customer must refer to the separate
limited warranty document for information
on the limitation and disclaimer
of certain warranties. If Customer's
Device did not include a limited
warranty from Super Technologies,
Inc at the time of purchase, Customer
agrees that it accepts its Unit
"as is" and that Customer
is not entitled to replacement or
refund in the event of any defect.
5.
RESOLUTION OF DISPUTES
a. Mandatory Arbitration
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
a.
Signing Authority
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
|
|
| |
|
|
|
|