This agreement outlines the guidelines required by both you and our Digital Voice service. Read This Digital Voice Terms of Service Agreement Carefully Before Using Our Digital Voice Services.
These Terms of Service constitute the agreement ("Agreement") between Yodolephone("we," "us" or "Company") and the subscribers ("you," "user" or "Customer") of Company's residential Digital Voice over IP services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment") used in conjunction with the Service and it applies to all lines on each Customer account.
THIS AGREEMENT SHALL BE BINDING UPON ACTIVATION OR USE OF THE SERVICE. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Current prices for Yodolephone's Services are posted throughout our website at http://freedomdigitalvoice.com. All billing for Services are provided by Yodolephone. Yodolephone reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
The Service does not function in the event of power failure. Should there be an interruption in the power supply; the Service will not function until power is restored. A power failure or disruption may require Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including 911. Company requires Customer to order or maintain at least one primary telephone line from your Local Exchange Carrier or a cell phone for 911 services as a backup in case of power loss or internet outage.
There may be a greater possibility of network congestion and/or reduced speed in the routing of 911 calls made utilizing the Services as compared to traditional 911 dialing over traditional public telephone networks. If you are not comfortable with the limitations of the 911 dialing service, the company asks that you reconsider purchasing the Service. The Company's liability is limited for any Service outage and/or inability to dial 911 from Customer's line or to access emergency service personnel, as set forth in this document. Customer agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel.
Because of the nature of the service rendered, it is impractical and extremely difficult to assign actual damages, if any, which may result from failure on the part of Company to perform its responsibilities under this Agreement. This agreement limits Customer's liability for loss, damage or injury due, directly or indirectly, to occurrences or consequences therefore. The liability of Company to Customer for any reason and upon any cause of action shall be limited to the amount actually paid to Company by Customer under this Agreement during the month such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts.
BILLING. To activate Service, you must provide Company with a valid credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers without prior notice. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced due to loss or theft, you must advise us at once. Service is offered on a monthly basis for a term that begins on the date that Company activates your Service and ends 30.4 days following activation of Service. Subsequent terms of this Agreement automatically renew on a monthly basis unless you provide written notice of non-renewal (see Termination for requirements). Customer agrees to pay to Company, promptly, any and all charges as well as third party and governmental and regulatory charges or assessments levied upon Company as a result of Services provided to Customer. The Company may introduce new products and services at special introductory pricing. Introductory pricing may change at Company's discretion.
Company will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to: activation fees; monthly recurring charges; international usage charges; premium services; equipment purchases; regulatory recovery fee; Emergency 911 Cost Recovery; 911 fees; federal, state and/or local taxes; disconnection fees; and shipping and handling charges. The amount of such fees and charges shall be published on our website and may change from time to time. All billing for Services are provided by Yodolephone.
The above fees are defined as follows:
Activation Fee - This fee covers charges for setting up your account and activating you on our system.
Monthly Recurring Charges - This is the basic charge associated with your service. Monthly Recurring Charges ("MRCs") includes the calling charges defined by your plan; the features associated with your plan and basic account services.
International Usage Charges - These are the fees associated with calls to locations outside of the US, Canada and Puerto Rico. Customers using plans that include International calls will not be billed. International rates and countries are published on the Company's website and the amount of such charges may change from time to time without prior notice. Where applicable, Company bills usage charges in full minute increments that are rounded up to the next full minute unless otherwise set forth in the rate schedules found on our website. Company bills fractional usage charges in full cents that are rounded up when the value is $.005 or more and down when the value is less than $.005, unless otherwise set forth in the rate schedules found on our website.
Premium Services - Company charges additional fees for enhanced features and services such as Virtual Phone Number.
Equipment Purchases - In most instances, you will pay for equipment associated with Company's service with your credit or debit card upon signup.
Regulatory Recovery Fee - A regulatory recovery surcharge applies to each phone number. Company uses this fee to pay all regulatory-related fees and expenses, including taxes, number portability charges, and related legal fees. Recovery fees are published on the Company's website and the amount of such fees may change from time to time without prior notice.
Emergency 911 Cost Recovery - The Emergency 911 Cost Recovery applies to each line of service. This fee is used to recover costs directly associated with the implementation and maintaining of a nationwide E911 service in compliance with FCC regulations. Emergency 911 Recovery fees are published on the Company's website and the amount of such fees may change from time to time without prior notice as governed by the Federal Communications Commission.
Taxes - The Company is required to bill and collect local, state and federal taxes imposed on Company's customers by the various taxing authorities. The Company passes all taxes it collects on to the appropriate taxing authority.
911 Fees - State and/or local governments may assess fees on Company to pay for emergency services in your community. We bill and collect "911 Fees" from our customers and remit such fees to the appropriate authority. Depending on where you live, these fees may vary widely. We are committed to supporting public safety services and resources in your location. For more information, and to learn more about the fees collected in your community for emergency services, contact your state or local elected official.
RATE INCREASE. Company may revise the flat-rate monthly Service fees at any time upon written notice if Customer's call volume and/or call duration is more than 20% to non-regional bell operating areas. Company may change 800 and international rates at any time, effective within 7 days of the date of written notice.
BILLING DISPUTES. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any Company charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
PO Box 875
SEYMOUR, TN 37865
or emailed to firstname.lastname@example.org
Please be sure to keep a copy of your cancellation letter for your records.
PAYMENTS. We only accept payment by credit or debit card. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges. All billing for Services are provided by Yodolephone.
NOTICES. You understand that it is difficult for Company to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten days advance notice from Company regarding the amount that Company will debit from your account. Company may send you messages about your billing from time to time, but Company is not obligated to do so. Company may change or cease its messages at any time without notice to you.
SERVICE CHARGES. There will be a charge of $50.00 for all checks returned due to insufficient funds. Accounts unpaid by due date may have their service suspended. Such suspension does not relieve Customer from the performance of its obligations under this Agreement. If Customer defaults, Customer agrees to pay Company its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
RESIDENTIAL USE. The Customer expressly acknowledges that unlimited Service plans are restricted to residential usage only, and the Company reserves the right to terminate any excessive usage subscribers at the sole discretion of the Company.
DISCONNECTION; DISCONTINUANCE OF SERVICE. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, disconnect your Service without a stated reason, or if your Service is disconnected due to your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the disconnection fee, if applicable. All charges will immediately become due and payable. Company will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus. Expiration of the term or disconnection of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
COLLECTION. If your Service is disconnected, you will remain fully liable to Company for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
PAYPHONE CHARGES. If you use Company's Toll Free Number service or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs.
CHARGES FOR DIRECTORY CALLS - 411. Customer will be charged for each 411 call made to Company directory assistance. The amount of such charges shall be published on our website and may change from time to time.
TAXES. State and local governments may assess taxes, surcharges and/or fees on your use of Company service. These charges may be a flat fee or a percentage of your Company charges and may change from time to time without notice. These charges are based on the rates applicable to the billing address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. All services are Residential and therefore not exempt from payment of such taxes.
REGULATORY CHANGES, TAXES AND
TARIFFS. If the FCC, a state PUC, a court of competent
jurisdiction, or any other agency with jurisdiction over the services
covered by this Agreement issues a rule, regulation, law or order which
has the effect of canceling, changing, or superseding any material term
or provision of this Agreement (collectively, "Regulatory Requirement"),
then this Agreement shall be deemed modified in such a way as the Parties
mutually agree is consistent with the form, intent and purpose of this
Agreement and is necessary to comply with such Regulatory
Requirement. Should the Customer not agree on modifications
necessary to comply with a Regulatory Requirement, then upon written
notice Customer may terminate Service. The Parties acknowledge and
agree that termination of this Agreement may not terminate certain other
Services, such as internet access, associated local loop charges, and any
third party services rendered directly to Customer.
REFUNDS. In the event Yodolephone is unable to provide services to Customer's properly configured site, Yodolephone will refund all payments collected for the affected service period via Customer's original payment method.
UNENFORCEABILITY OF PROVISIONS. The illegality or unenforceability of any provision of this Agreement does not affect the legality or enforceability of any other provision or portion. If any provision or portion of this Agreement is deemed illegal or unenforceable for any reason, there shall be deemed to be made such minimum change in such provision or portion as is necessary to make it valid and enforceable as so modified.
DISCLAIMERS. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER'S CONTRACT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STRICT LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY LOST BUSINESS DAMAGES IN THE NATURE OF LOST REVENUES PROFITS AND/OR GOODWILL REGARDLESS OF THE FORESEEABILITY THEREOF. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND/OR ANY PRODUCT ORDER.
FORCE MAJEURE. Other than with respect to failure to make payments due hereunder, neither Party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused by, or due to fire, earthquake, flood, water, the elements, third party labor disputes, utility curtailments, power failures, explosions, civil disturbances, acts of terrorism, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third Parties, or any other cause beyond its reasonable control.
LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
PO Box 875
SEYMOUR, TN 37865
Please be sure to keep a copy of your cancellation letter for your records.
CONTENT. You will be liable for any and all liability that may arise out of the content transmitted by you or by any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your User's content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or User's use or content.
UNLAWFUL USE. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such disconnection, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Company will provide information in response to law enforcement requests, lawful government requests, subpoenas or court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
THEFT OF SERVICE. You shall not use the Service in a manner calculated to avoid Company policies and procedures. You shall not obtain or use the Services in an improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. Company reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.
NUMBER TRANSFER ON SERVICE DISCONNECTION. Upon the disconnection of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service, provided however, that all amounts due the Company have been paid in full.
UNITED STATES. Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States. If you use the Service or the Device outside of the United States, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to disconnect your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States.
OPERATOR ASSISTANCE. The Service does not support 0+ or operator-assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
DIRECTORY LISTING. The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
THIRD PARTY BROADBAND PROVIDERS. You acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
THIRD PARTY SECURITY SYSTEMS. The Service may not be compatible with home security systems. You are required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
NO WARRANTIES ON SERVICE. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF COMPANY'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY COMPANY OR COMPANY'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
HARDWARE LIMITED WARRANTY (SET-UP FEE). We will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This limited warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit, retailer handling or handling.