|Terms Of Service Agreement|
|Article ID: 107|
|Created On: 13 Jun 2005|
|This document shall serve as an agreement between ViaTalk LLC (“we”, “us”, or “provider”) and you as an end-user (“you, “user”, or “customer”). This document shall constitute the entire agreement between ViaTalk LLC and you and while superseding any other prior agreements, govern your use of all ViaTalk services.
By activating or ordering service, you are agreeing to the provisions of this agreement in entirety.
You acknowledge that ViaTalk LLC offers plans for both residential and commercial/small business users. You agree that ViaTalk residential service plans are not to be used in conjunction with regular, consistent activity which could be considered commercial or for-profit in nature. You agree that all usage is subject to audit and review by ViaTalk LLC.
A single VT_Unlimited account shall not be used for purposes inconsistent with regular residential usage patterns as defined by ViaTalk as more than six times the average monthly usage of a ViaTalk residential customer. This figure is currently approximately 5,100 minutes of off-network usage over a 30 day period. Usage in excess of 5,100 off-network minutes, over a 30 day period, will be billed at 1.9 cents for each overage minute. A single VT_500 account with usage in excess of 500 off-network minutes, over a 30 day period, will be billed at 1.9 cents per minute for each overage minute. A single VT_Unlimited Lite account with usage in excess of 2,000 off-network minutes, over a 30 day period, will be billed at 1.9 cents per minute for each overage minute.
A single VT Business_Unlimited account with minute usage in excess of 10,200 off-network minutes, over a 30 day period, will be billed 1.9 cents per minute for each overage minute. A single VT Business_1500 account with minute usage in excess of 1,500 off-network minutes, over a 30 day period, will be billed at 1.9 cents per minute for each overage minute.
ViaTalk LLC will be the sole and final arbitrator with regard to decisions related to what constitutes acceptable average use of service.
The VT_Fax package includes 200 off-network minutes per month. Minute usage in excess of 200 minutes will be billed at 1.9 cents per minute for each overage minute.
The VT_World plan includes 1200 minutes of landline calls to cities and locations in more than 60 countries, as posted on our website. Calls to cellular phones may be included depending on destination and may be subject to change. It excludes certain call types such as calls to non-geographic, premium, and special service numbers. VT_World plan calls are not partially billed, and usage will be calculated based upon the total duration of the call after it has ended. Calls with a duration that would exceed the remaining allotted minutes will be billed per minute at the international rates posted on our website.
Possession of a ViaTalk provided access device does not grant you a license to any firmware or software embedded on such device except to access the ViaTalk service as a customer. If you are found to be tampering with a ViaTalk provided device, you will immediately be subject to termination and further action. If you use a ViaTalk provided access device, it is your responsibility to care for it once it is in your possession.
If a ViaTalk provided access device is damaged while in your possession, please contact our customer service department to arrange for free replacement. This replacement is limited to one time per year and we reserve the right to refuse any replacement if we deem that the damage was intentional or reasonable action was not taken to protect the equipment.
ViaTalk LLC offers and markets service for use within the United States. If you connect your ViaTalk service outside of the United States, you agree that you are doing so at your own risk. You agree to hold us harmless and without liability for such use. To prevent potential fraudulent activity, ViaTalk LLC reserves the right to block access to our network from certain international locations. You acknowledge that when outside of the United States, international dialing will be disabled and calls may be made only to the United States and Canada.
If you feel that your service has been fraudulently used or stolen, it is your responsibility to notify ViaTalk. Until you notify ViaTalk, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device.
You acknowledge that you must provide account verification in order to make any changes to the ViaTalk account, or when requesting confidential account details.
You agree to use ViaTalk service only for lawful purposes and in a manner which could not be construed as abusive at any time or for any reason.
You acknowledge that service fees for ViaTalk LLC will be billed to the credit card you provide when establishing service for the full amount of the selected billing term prepaid in advance, including any shipping, activation, or other applicable charges, fees, taxes or charges. You understand that recurring service charges will be billed automatically on or around the anniversary of the date you established service in accordance with your term.
A Regulatory Recovery Fee of $3.47 will be charged monthly on all ViaTalk lines.
As per FCC requirements, all ViaTalk lines are required to be equipped with fully functional, nomadic Enhanced 911 Service. As a result, an E911 Recovery Fee of $1.98 will be charged monthly on all ViaTalk lines unless otherwise itemized on your invoice.
Customers are responsible for all taxes, fees, business class support or international charges incurred on their account regardless of account pre-payment, service credits, or usage. You acknowledge that the billing for international usage may be delayed.
BYOD customers acknowledge that they will hold ViaTalk LLC harmless for any and all international usage placed from the provided SIP credentials, and will be responsible for the protection and security of their private network and BYOD hardware and/or software.
If you use a coupon or discount which would cause you to have a positive credit balance upon ordering, ViaTalk will charge your credit card $10 for card verification. The $10 will then be credited to your ViaTalk account. This only applies if you would have a credit balance after using any coupon.
ViaTalk LLC offers a 14 Day Money Back Guarantee. The 14 Day Money Back Guarantee begins the day your equipment is delivered or, in the case of a BYOD account, on the day your SIP credentials are emailed. Service charges are refundable if you cancel service within 14 days and agree to return your device within 30 days of cancellation. Fees incurred for using premium services, long distance fees (if on a measured plan), activation fees, shipping fees and one-time upgrade fees are non-refundable. The 14 Day Money Back Guarantee does not apply if you are found to be in violation of our Terms of Service or if you have taken advantage of the guarantee in the past.
You agree that ViaTalk LLC may suspend or terminate the account for reasons including, but not limited to, non-payment, violating the Terms of Service or declined credit card charges. If at any time the account is at least 30 days past due all accounts may be subject to a collection fee of $25.00. You agree that failure to pay may result in further collection actions.
There is a $9.95 re-activation fee for all lines disabled due to non-payment or other Terms of Service violations.
Any request to dispute a charge must be submitted in the form of a customer service ticket within ninety (90) days of the transaction to be eligible for any type of credit or refund.
There is a $50.00 administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.
Promotional, courtesy, and any other free service extensions or credits do not retain cash value and are not guaranteed.
ViaTalk LLC reserves the right to modify or change pricing at any time.
If you choose to cancel service, and have received equipment from ViaTalk LLC, a Hardware Return Fee in the amount of $50.00 will be assessed. If a refund is due in accordance with our money back guarantee or our prepayment policies, this fee will be deducted from said refund in lieu of the charge. If the equipment is returned within thirty (30) days, the fee will be refunded. To avoid the Hardware Return Fee you may return the equipment before the cancellation is processed.
If any returned equipment is damaged, defaced, or the return is incomplete, you will be responsible for the following:
Nothing returned: $50.00
Adapter/router damaged/missing: $50.00
Power adapter damaged/missing: $15.00
Ethernet cable damaged/missing: $5.00
If equipment is received and it has been determined that it has been handled in a manner inconsistent with "normal wear and tear," you may not be eligible for a full refund of the Hardware Return Fee.
Upon termination of service, your account will receive a full pro-rated refund for any remaining pre-paid months calculated from the first day of the following month. Activation fees, shipping fees and one-time fees are not eligible for any type of refund; only service fees are refundable as outlined in this agreement. Customer will be charged a disconnect fee of $49.95 per line for all cancellations not processed within fourteen (14) days of service activation as per the terms of 14 Day Money Back Guarantee as provided in this agreement, or within fourteen (14) days of the end of the prepaid term. The Disconnect Fee becomes due and payable immediately upon cancellation and will be deducted from any refunds due, or billed directly to Customer’s credit card.
Non-usage of service does not constitute the cancellation of an account. All cancellation requests must be submitted in the form of a verified customer service ticket.
The act of transferring a phone number to another provider does not constitute the cancellation of an account. In the event of an outbound phone number transfer you acknowledge that it is your responsibility to contact ViaTalk LLC in the form of a customer service ticket.
Referral and Affiliate Program
Multiple commissions such as referral credits or affiliate commissions cannot be received for a single ViaTalk account. Referral credits received are non-transferable and do not retain cash value. Additionally, a customer or affiliate cannot receive any type of referral credit or affiliate commission for an account billed to himself/herself or an account billed to his/her address regardless of the name associated with the account. Any customer who violates these policies will forfeit all fraudulent commissions and will no longer be able to participate in any such future commission generating programs offered by ViaTalk LLC.
Nature of Service
You are acknowledging that you understand that ViaTalk telephone service may differ from traditional telephone service and that you understand you must have a broadband internet connection to use the service. Since ViaTalk is a VoIP service provider, some traditional telephone service regulatory requirements may not apply.
ViaTalk service will not be available (including access to 911 or emergency services) in the event of a power failure or if you have internet connection problems. You agree to indemnify and hold ViaTalk LLC harmless in the event that a service interruption occurs.
You also agree that ViaTalk 911 services may differ somewhat from 911 services provided by traditional telephone service providers. If ViaTalk is your primary means to contact emergency services, we recommend that you place a test call after your address information has been successfully updated through the Control Panel interface. If you move or change locations, you must contact us to update your address immediately in order to ensure access to 911 service.
You understand that ViaTalk service may or may not be compatible with devices such as fax machines, security systems, or other devices that transmit data.
ViaTalk LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You assume all risk and liability resulting from the use or functionality of the service, whether used solely or in combination with other goods and/or services. ViaTalk LLC neither assumes nor authorizes any person to assume any other liability in connection with the sale or use of the service. ViaTalk LLC will not be held liable in any capacity for any service failures including any acts of omissions related to 911 dialing. In the event that bodily or property damage or death occur as a result of a failed attempt to access 911 service, ViaTalk LLC will not be held responsible and will have no liability.
The entire agreement shall be governed by the laws of the state of New York and shall remain in full-force until service termination in writing as outlined. If any part of this agreement is found to be unenforceable or invalid in your area, you agree that the arbitrator shall enforce the provisions of this agreement by replacing them with an effective similar, legal provision with the effect intended with the original provision. ViaTalk LLC may update this agreement at any time without notice and you are agreeing to such changes in advance.
It is agreed that any and all disputes, claims or actions for the enforcement of this agreement will be arbitrated. The arbitration will take place in the State of New York, Saratoga County. Decisions rendered by such arbitrator will be final and binding. If the arbitrator rules in our favor, you will be responsible for any and all costs related to or associated with such arbitration. You agree that any further litigation to enforce the terms of this agreement will take place in the Supreme Court of the State of New York, Saratoga County.