This document is an agreement
between a Customer and Nettalk Voiceline, 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 Nettalk Voiceline
Service. By activating Nettalk Voiceline Service
with Nettalk Voiceline, Inc, Customer acknowledges
that Customer has read and agrees to the terms of
this Agreement.
1.
SERVICE
a. Use of
Service
Customer authorizes Nettalk
Voiceline, 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
Nettalk Voiceline, 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 Nettalk Voiceline' 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 Nettalk Voiceline, 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. Nettalk T does
offer customer service to Customers who use the
Service outside of the United States. Nettalk
Voiceline 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.
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 Nettalk Voiceline, 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
Nettalk Voiceline, 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 in addition to a
$99USD cancellation fee. 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
Nettalk Voiceline, 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 Nettalk
Voiceline without expressed written consent of
Nettalk Voiceline, 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 Nettalk Voiceline, Inc and
provide such documentation and information as
Nettalk Voiceline, Inc may request which includes,
but is not limited to, a copy of a filed police
report. Customer agrees to cooperate with Nettalk
Voiceline, Inc in any fraud investigation and to
implement any fraud prevention measure Nettalk
Voiceline, Inc prescribes. Failure to provide
reasonable cooperation will result in Customer
liability for all fraudulent usage. Customer
agrees to advise Nettalk Voiceline, Inc if service
usage changes from either residential or business
use.
d. Return
Policy
If Customer's Device was
purchased from Nettalk Voiceline, Inc and includes
proof of purchase and original packaging and
contents, and undamaged and in good working
condition, Customer may return its Device in
satisfactory condition within thirty (30) days of
receipt for a full refund of the first month
monthly fee and equipment price, unless otherwise
stated in the Calling Plan, if applicable. The
setup fee and shipping and handling is not
refundable. If Customer receives cartons and/or
devices that are visibly damaged, please note the
damage on the carrier's freight bill or receipt
and keep a copy. Keep the original carton, all
packing materials and parts intact and contact
Nettalk Voiceline' customer care department
immediately.
2. CHANGES TO THIS
AGREEMENT
Nettalk Voiceline, Inc. may
amend the terms of the Agreement, including all
Calling Plans, without advance notice. If Customer
does not agree to the amendment, Customer may
terminate the Agreement by giving Nettalk
Voiceline, Inc notice within 5 full business days
(Monday through Friday USA CST) of the date
Nettalk Voiceline, 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 Nettalk Voiceline, 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 Nettalk Voiceline, 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. Nettalk
Voiceline, 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
Nettalk Voiceline' damages if Customer fails to
pay promptly, and (b) in the event of such
failure, Customer shall pay Nettalk Voiceline, Inc
the amount due plus a cancellation fee. If Nettalk
Voiceline, Inc accepts late or partial payments or
payments marked "Paid in Full" or similar
notations, it will not waive any of Nettalk
Voiceline, Inc rights hereunder nor will it
constitute an accord or satisfaction. Nettalk
Voiceline, Inc reserves the right to charge it's
Customer for bills which are back dated for upto a
period of 1 year, if due to some reason the error
is occurred in the billing system of Nettalk
Voiceline, Inc.
Nettalk Voiceline, 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 USA incoming and
outgoing call plan.
b. Credit Card
Charges
If Customer pays by credit
card, it authorizes Nettalk Voiceline, Inc. to
charge the credit card account number for Nettalk
Voiceline, Inc charges that accrue during the
billing cycle. Customer reauthorizes Nettalk
Voiceline, 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 Nettalk Voiceline,
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. Nettalk Voiceline, Inc may terminate your
account at any time, in Nettalk Voiceline, 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 Nettalk Voiceline, Inc for all
charges accrued from usage of Service and all
charges incurred by Nettalk Voiceline, Inc due to
said declines, etc. Nettalk Voiceline will charge
a service charge of $3 for every time the
customer's credit card declines. If the customers
credit card declines over 3 times for any reason,
Nettalk Voiceline will invoice and Charge a $100
Security Deposit on that particular
account.
c.
Default/Termination
Nettalk Voiceline, Inc
reserves the right to terminate Service at Nettalk
Voiceline, Inc's discretion. Nettalk Voiceline,
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
Nettalk Voiceline, Inc, fail to perform any of
your obligations set forth in this Agreement
between Customer and Nettalk Voiceline, Inc, are
suspected by Nettalk Voiceline, Inc of committing
fraud, harming Nettalk Voiceline, Inc's network,
harming Service to other customers, using Service
in any way that damages Nettalk Voiceline, Inc --
Customer will reimburse Nettalk Voiceline, Inc for
its attorneys' and expert witnesses' fees and
costs of investigation, collection and similar
expenses incurred by Nettalk Voiceline, Inc in the
enforcement of any right or privilege hereunder.
If this Agreement is terminated because of
Customer default, Nettalk Voiceline, Inc may keep
any charges or sums prepaid by Customer upon
termination. Nettalk Voiceline, Inc may require
reactivation charges to renew Service after
termination or suspension.
Nettalk Voiceline, Inc
reserves the right to terminate the service of the
Customer if the Customer in any manner uses
language oral or written which reasonably implies
as a threat against Nettalk Voiceline, Inc in any
manner. The mode of Such communication by the
Customer may be any oral or written
mode.
d. Taxes
Any applicable sales, use,
excise, public utility or other taxes, fees or
charges imposed on Nettalk Voiceline, 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 Nettalk
Voiceline, Inc with an original Tax Exempt
Document. Tax exemption will only apply from the
date Nettalk Voiceline, 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 Nettalk Voiceline, 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.
f.
Service Cancellation
The customer must sign, and
fax / scan email a cancellation form, requesting
in writing 15 days prior to the date they wish to
cancel the service, or they may be charged for the
full months service charges.
g. Duties on
Shipments
Each country's government
charges custom/duty fees on incoming shipments.
Nettalk Voiceline, Inc does not have control over
these fees. These fees are the responsibility of
the customer and are not included in the pricing
on this agreement.
h. Credit
Card chargeback fees by Nettalk Voiceline,
Inc.
When a customer requests a
chargeback from his credit card company on the
products or services of Nettalk Voiceline and it
is processed, we will charge the 25$ service fee
to the customer.
i. Change
Plan Charges and Terms with Nettalk Voiceline,
Inc.
A customer may change his
plan at any time. The customer will be charged a
new setup fee and a new monthly fee each time he
changes his plan. There are no prorated terms and
no refunds for these change.
4.
LIMITATIONS
a. Limitation of
Liability
Nettalk Voiceline, Inc's
nonperformance hereunder shall be excused and
Nettalk Voiceline, 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 Nettalk Voiceline,
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.
Nettalk Voiceline, Inc's liability for any failure
or mistake shall in no event exceed Service
charges during the affected period. Nettalk
Voiceline, Inc is not liable for any incidental or
consequential damages of any type.
b.
Indemnification
Customer agrees to defend,
indemnify, and hold Nettalk Voiceline, 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
Nettalk Voiceline, Inc
provides no warranties of any kind on the Service.
Statements regarding or descriptions of the
Service, if any, by Nettalk Voiceline, Inc or
Nettalk Voiceline, 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 Nettalk Voiceline, 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 Nettalk Voiceline, 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 Nettalk Voiceline, 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 Nettalk
Voiceline, 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 costs attendant 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. Nettalk Voiceline, 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
Nettalk Voiceline, Inc and will be considered
given on the date sent by Nettalk Voiceline, Inc.
Customer is responsible for notifying Nettalk
Voiceline, Inc of any changes to its email
address. Notices to Nettalk Voiceline, Inc shall
be considered given when received by Nettalk
Voiceline, Inc at support@Nettalkvoicelinene.com.
