!::~~#FF0000:Virtual Phone Line TOS~~::
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 T 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 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 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 plus a cancellation fee. 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.
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 [email protected]