Terms of Service

TERMS AND CONDITIONS

ETI Telecom Inc. (also TELXIO), a California Corporation, hereinafter known as COMPANY, provides telecommunication and affiliated services, hereinafter SERVICE, described in greater detail on our web site, to you, hereinafter CUSTOMER, subject to the following terms and conditions:

By accessing this site, or registering, or using the SERVICE, CUSTOMER acknowledges reading, understanding and agreeing to the Terms and Conditions set forth here, which have the legal force of an Agreement. COMPANY reserves the right, at its sole discretion, to update or revise these Terms and Conditions. Each time CUSTOMER logs in or visits this site or uses the SERVICE following the posting of any changes to the Terms and Conditions, CUSTOMER agrees to accept these changes regardless of whether CUSTOMER has checked or visited the Terms and Conditions page of the site. These Terms and Conditions govern the use of COMPANY’s website and/or SERVICE.

1. CUSTOMER Identification

CUSTOMER warrants that the contact information provided (name, email id, address and phone number) is accurate and true. COMPANY reserves the right to request additional customer identification documentation at any time.

2. Conduct

CUSTOMER carries sole responsibility for actions and content of transmissions through the use of SERVICE, it being understood that every CUSTOMER employee acts on behalf of CUSTOMER in all actions and submissions on or in connection with the SERVICE. CUSTOMER agrees:

a) To abide by all applicable local, state, national, and international laws and regulations in use of the SERVICE;

b) Not to use or attempt to use another person’s or entity’s account, telephone number, SERVICE, system or other confidential credentials and information without authorization from the owner;

c) To comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of the United States);

d) Not to make unsolicited contact, stalk, threaten, intimidate, coerce, extort or harass anyone through, in connection with, or utilizing the SERVICE or any data collected through the SERVICE;

e) That COMPANY neither endorses the content of any CUSTOMER communications nor assumes any responsibility for any threatening, libellous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the SERVICE;

f) Not to interfere or disrupt networks connected to the SERVICE or otherwise attempt to interfere with the proper function of the SERVICE;

g) Not to attempt to obtain unauthorized access to the SERVICE.

COMPANY, at its sole discretion may immediately terminate CUSTOMER access to the SERVICE and/or this site should CUSTOMER conduct fail to conform to any provision of these Terms of Use.

3. Resale of Services

Resale of SERVICE, even at zero cost (free), is prohibited. CUSTOMER cannot resell or transfer SERVICE to any other person for any purpose, without express written permission from COMPANY.

4. Usage Policy

COMPANY desires that CUSTOMER understands the intended and permissible uses of COMPANY’s Plans and Services, and further desires to prevent fraud, exploitation and abuse of certain calling plans and features. COMPANY’s Plans and Services are designed and intended for normal commercial use and are not intended for use by organizations without live dialog, such as robocalling, transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by typical business customers violates these Terms of Service and may cause network capacity and congestion issues and interfere with COMPANY’s network and third party networks with whom COMPANY connects for call initiation and completion services.

Additionally, for ‘Unlimited’ plans, CUSTOMER will be considered to be in violation of these Terms of Service when aggregate inbound and outbound calling exceeds 3,200 minutes per extension (hosted seat) per month pooled across all phone numbers.

COMPANY reserves the right to review CUSTOMER accounts at any time for potential abuse of these Terms of Service. COMPANY may determine abnormal or abusive usage based on comparisons to the usage patterns of other customers. If it is determined that CUSTOMER violates these Terms of Service, COMPANY may invoice CUSTOMER, and CUSTOMER shall pay a per minute fee for excessive use at the then-current rates established by COMPANY. In addition to such excessive use charges, if COMPANY identifies excessive or abusive traffic patterns, COMPANY reserves the right to change CUSTOMER’s applicable rate plan or suspend or terminate Service with or without notice.

5. Commencement / Termination / Changes of Service

SERVICE will commence after receipt by TELXIO of the prepaid amount and the one-time set up charges, if any. Service will continue until CUSTOMER or COMPANY terminates the Service. COMPANY may terminate SERVICE and this agreement by giving 3 days’ notice to CUSTOMER at any time, or immediately if CUSTOMER’s prepaid balance runs out or CUSTOMER is in default of any of these Terms and Conditions. CUSTOMER may terminate the Service and this Agreement by giving 3 days’ notice to TELXIO at any time. COMPANY will not be liable to CUSTOMER or any third party for termination of the SERVICE.

6. Specific Terms for Fixed Fee Based Monthly Plans (FFBM)

The provisions of this para will apply to all FFBM Plans, in addition to the other provisions in these Terms of Service.

COMPANY’s FFBM plans are provided on a monthly basis and paid in advance for each month. The plan activation date is deemed the monthly anniversary date. The monthly plan will renew each month on the anniversary date unless terminated by the CUSTOMER. Notice of termination must be in writing via email to our email address of record two days prior to the anniversary date. Monthly plan fees will not be prorated and/or refunded for the termination month. Notice of termination received after the required notice date will be effective for the next anniversary date. A setup fee will be charged to reactivate plans that were previously terminated.

Requests to add service components to an Unlimited Minutes Monthly (UMM) calling plan must be made online or submitted in writing to the email address of record. Online requests shall be processed immediately and manual requests may take up to 2 working days to process and implement. Addition of service components, to an existing UMM plan, when completed 15 or more days prior to the anniversary date will be charged at the full monthly price of the added service components. Else will be charged at 50% of the full monthly price of the added service components.

Requests to remove service components of an UMM calling plan must be submitted in writing to the email address of record and may take up to 2 working days to process and implement. No refund or credit will be allowed for the removed service components for the remainder of the monthly plan.

Requests to change a Fixed Minutes Monthly (FMM) calling plan to a different FMM calling plan must be submitted in writing and to the email address of record.
Requests to change an existing FMM plan must be submitted at least five days prior to its monthly anniversary date, are not automatic, and are subject to approval by COMPANY. Existing FMM plan customers that receive approval to change to a more expensive (upgrade) FMM plan may do so at any time. However if a current FMM plan is upgraded prior to its anniversary date, the current FMM plan will deemed to have been terminated with no refund for either the minutes and/or funds balances in the current FMM plan. Optionally a request to commence the upgraded FMM plan on the anniversary date of the current FMM plan can be made.

It is strongly recommended that CUSTOMER tests the SERVICE upon initial setup and periodically thereafter to ensure the SERVICE is functioning satisfactorily. CUSTOMER failing to properly test the SERVICE as recommended, do so at their own risk and shall be the sole party responsible for any loss or damages

7. Lawful Use of Service.

CUSTOMER agrees to use the service only for lawful purposes and in accordance with the terms and conditions of this Agreement. CUSTOMER agrees not to use the service for originating, transmitting or receiving any communication or material of any kind that:

a) Encourages conduct or would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
b) Enables transmission of information or the offering of any service which is unlawful, abusive, harmful, threatening, defamatory, pornographic or which could be considered offensive in any other way, nor for outbound traffic to the PSTN by falsifying the sending address of the transmission in the caller id (spoofing).
c) Causes a disruption in COMPANY’s network integrity or its partners, whether directly or indirectly, is strictly prohibited and could result in termination of the SERVICE and/or payment for damages relating to such conduct. CUSTOMER understands that neither COMPANY nor its partners are responsible for the content of the transmissions that may pass through the Internet and/or the SERVICE.

CUSTOMER also agrees that:

d) COMPANY reserves the right to terminate SERVICE immediately and without prior notice if it receives a request to do so from a telecom partner, or an authorized authority or agency or in the event that unlawful behavior is reasonably suspected.
e) In the event that COMPANY becomes aware of any transmission over the SERVICE, and has reason to believe that the content being transmitted is indicative of unlawful behavior, COMPANY reserves the right to notify law enforcement of the nature of the content and the participants in the transmission.
f) If COMPANY is required by a telecom partner or an authorized authority or agency to provide any usage records or the content of any transmissions, COMPANY will forward the requested material, including personally identifiable information in fulfilment of the requirement.
g) COMPANY reserves the right to change, suspend or cancel the SERVICE, temporarily or permanently, with or without notice to the CUSTOMER. COMPANY will not be liable to the CUSTOMER or any third party in the event that COMPANY exercises its right to modify or discontinue the SERVICE.
h) In the event of SERVICE termination or cancellation under the provisions of this section, CUSTOMER agrees to pay to COMPANY all legal and/or administrative fees on account of CUSTOMER’s unauthorised use of SERVICE, including but not limited to an immediate non-refundable administrative or legal fee for unauthorized use of SERVICE, at the sole discretion of COMPANY. Refunds due to CUSTOMER, if any, will be made after administrative closure of the unauthorised usage event or 30 working days, whichever is later. All refunds, if any, will be paid back to CUSTOMER, to the credit card or bank account used in funding the account.

8. Phone Numbers

Any telephone number provided to the CUSTOMER shall be leased and not sold. The CUSTOMER shall not obtain any rights, title or interest in the Number. The CUSTOMER is not to use the Number with any other device other than the approved equipment or software without the express permission of COMPANY. COMPANY reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the SERVICE, the CUSTOMER shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the CUSTOMER by our company.

9. Data Storage

COMPANY does not guarantee backup data for any CDRs, voicemail messages, voicemail greetings or any other data/transmissions sent through its systems. It is possible to lose said data, and in such case, said data cannot be recovered; regardless of the circumstances surrounding such a loss, Company shall not be held liable for any loss or harm resulting from CUSTOMER’s use of SERVICE.

10. Emergency and Special Services

CUSTOMER acknowledges and understands that COMPANY does NOT support traditional 911 and E911 access to emergency services. CUSTOMER must maintain an alternate means of accessing traditional emergency response services.

11. Fees and Payments

All SERVICEs, new or recurring, are prepaid. CUSTOMER’s initial use of the SERVICE authorizes COMPANY to charge the credit card account number on file with our company, including any changed information given if the card expires or is replaced, or if CUSTOMER substitutes a different card, for recurring charges. This authorization will remain valid until 30 days after receives CUSTOMER’s written notice terminating authority to charge such credit card.

12. Late or Non payment

COMPANY may terminate SERVICE at any time at its sole discretion, if any charge to CUSTOMER credit card on file with COMPANY is declined, reversed, or expires, and CUSTOMER has not provided a valid replacement credit card, or in case of any other non-payment of account charges, or if the prepaid balance in CUSTOMER account, if applicable, falls to zero or becomes negative.

13. Billing
All subscription based plans (FMMs and UMMs) and hosted services are billed in advance. Usage based plans are billed in arrears. CUSTOMERS must provide COMPANY details of one or more valid credit card number prior to SERVICE being activated. COMPANY reserves the right to stop accepting credit cards from one or more issuers. CUSTOMER must inform COMPANY immediately upon cancellation of SERVICE account, change of business or billing address, change in card details. COMPANY reserves the right to charge CUSTOMER an administrative processing fee when payments are made using credit or debit cards.

14. Taxes

CUSTOMER is responsible for, and shall pay, any 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 on the SERVICE. Such amounts are in addition to the primary cost of the SERVICE and will be billed.

15. Technical Support

COMPANY provides CUSTOMER with technical support at its sole discretion and as limited to the SERVICE and any equipment provided hereunder. Technical support is rendered as available, via email and chat. Support for other applications and uses is not provided or implied.

16. Indemnification

CUSTOMER agrees to defend, indemnify and hold harmless COMPANY, its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages relating to this Agreement or a breach or violation of this Agreement, including reasonable attorneys’ fees.

17. Disclaimer of Warranties and Limitation of Liability

To the full extent permissible by applicable law, COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. COMPANY does not warrant that this site, its servers, the SERVICE or e-mail sent from us are free of viruses or other harmful components. COMPANY will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if COMPANY have been advised of the possibility of such damage. COMPANY make no representations or warranties of any kind express or implied, as to the operation of this site and/or the SERVICE or the information, content, materials, or products included on this site. COMPANY makes no warranty that:

a) This site or the SERVICE will meet your requirements;
b) This site or SERVICE will be uninterrupted, timely, secure, or error-free;
c) The results that may be obtained from the use of this site or SERVICE will be accurate or reliable;
d) The quality of any products, services, information, or other material purchased or obtained by CUSTOMER through this site or SERVICE will meet your expectations; and
e) Any errors in this site or the SERVICE will be corrected.

COMPANY will not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to this site and/or the SERVICE. CUSTOMER understands and agree that the use of this site and/or the SERVICE is at your sole risk and discretion and is on an “as is” and “as available” basis. CUSTOMER also understands and agree that CUSTOMER will be solely responsible for any damage resulting from CUSTOMERs use of this site or the SERVICE, including damage to your computer system or loss of data that results from material or data that is downloaded from this site.

COMPANY is not responsible for the content on the Internet or the World Wide Web not otherwise located on this site. As a convenience to our CUSTOMERs, COMPANY may provide links to resources that are beyond its control. COMPANY makes no representations as to the quality, suitability, functionality or legality of any sites to which COMPANY may provide links, and the CUSTOMER hereby waives any claim he or she might have against COMPANY with respect to such sites.

18. No Consequential Damages

In no event shall COMPANY, its officers, directors, employees, affiliates, agents, successors, assigns or any other service provider who furnishes services to the CUSTOMER in connection with this Agreement or the SERVICE be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the SERVICE, including inability to be able to dial 911 or to access emergency service personnel through the SERVICE. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not COMPANY was informed of the likelihood of any particular type of damages.

19. Disputes and Governing Law

All disputes arising out of or in connection with the present Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

20. Copyrights and Trademarks

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of
COMPANY or its content suppliers (the Intellectual Property) and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of COMPANY and protected by U.S and international copyright laws. CUSTOMER may not post to this site, use the SERVICE and/or copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer, any material subject to any Intellectual Property. CUSTOMER has the burden of determining whether any information, software, images or any other content on this site is not protected by any Intellectual Property.

21. Registration Information/Privacy Policy

When CUSTOMER registers as a customer of COMPANY, CUSTOMER will be required to provide personal details and other confidential information.

Except as provided herein and at http://telxio.com/privacy-policy/, COMPANY will not sell to any third-party CUSTOMER name, address, email address and contact details without consent, except to the extent necessary to comply with applicable laws, police investigations or in legal proceedings where such information is relevant. COMPANY grants third parties providing technical services access to information only to the extent necessary to provide such technical services. In those instances, such third parties are bound by these Terms and Conditions.

CUSTOMER is responsible for maintaining the confidentiality of confidential access information provided by COMPANY.
For COMPANY’s complete privacy policy refer to http://telxio.com/privacy-policy/

22. Linking to the Site

CUSTOMER may provide links only to the COMPANY’s website home page provided:
a) The copyright notice, content or other notices on this site are not removed or obscured, by framing or otherwise,
b) Prior written notice of such links are obtained from COMPANY, and
c) CUSTOMER discontinues providing links to this site if notified by COMPANY.

23. Miscellaneous

In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

COMPANY may assign rights and obligations under this Agreement, and upon such assignment COMPANY may be relieved of any further obligation hereunder. These Terms and Conditions constitute the entire understanding between CUSTOMER and COMPANY and supersede all prior agreements and understandings.

24. Consent to Receive Electronic Documents

By accessing this site and using the SERVICE, CUSTOMER agrees to receive electronic documents, billing reports, statements and records (electronic records) in lieu of paper documents, statements and records from us. Your electronic records may be emailed to CUSTOMER to the email account that CUSTOMER provide to us, accessed through this site using your Confidential Access Information or otherwise electronically provided to CUSTOMER. By accessing this site and using the SERVICE, CUSTOMER are also agreeing to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. If CUSTOMER changes the email address to receive electronic records, CUSTOMER must notify us of the new email address by sending an email or written letter to our address of record.

25. Refund

We have a clear and customer-friendly refund policy for our VOIP service. Below are the details of our policy:

• Prepaid plans purchased with no usage are eligible for a refund upon request. We understand that plans can be purchased mistakenly and provide a hassle-free refund process in such cases.

• Prepaid plans that have been partially used are non-refundable. As the service has already been used, we cannot provide a refund in such cases.

• If you wish to discontinue the service and have a credit balance in the wallet at the time of cancellation, we will refund the remaining balance to the original mode used to pay. This means that if you have any credit left in your account, we will refund it to your original payment method within a reasonable time frame.

• In case of fraudulent use, a penalty will be charged, and the remaining balance will be refunded to the original mode used to pay. We take fraudulent use of our service seriously and impose a penalty to cover any damages caused. However, we will refund any remaining balance to the original payment method.