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Terms and Conditions for GoPackets VoIP Service


 

TERMS, CONDITIONS AND USE

 

WHEN YOU SIGN UP FOR GOPACKETS VOIP PHONE SERVICE, A CONTRACT IS CREATED A BETWEEN YOU AND OUR COMPANY, CONSISTING OF THE ORDER, THE SERVICE DESCRIPTION, AND THIS AGREEMENT. ANYONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS:

(1) ACCEPTING THE TERMS AND CONDITIONS DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE OUR GOPACKETS SERVICE.

(2) YOUR SUBMISSION OF AN ORDER FOR ANY GOPACKETS SERVICE OR SERVICES.

(3) YOUR USE OF THE SERVICE DESCRIBED HEREIN. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS IN THE AGREEMENT AND THIS DOCUMENT EITHER PHYSICAL OR ELECTRONIC.

 

The use of our companies services provided by GoPackets VoIP Phone Services hereafter referred to as "GoPackets" constitutes an agreement to these terms, conditions, and use. by using the GoPackets service or services, you represent that you have read and understood fully the terms and conditions of this agreement.

 

Service: The VoIP Phone Service or services is offered on a month to month basis unless otherwise agreed upon or delivered by GoPackets, for an initial term that begins on the date that GoPackets activates your Service and ends on the last day of the month of your activation. Terms of this agreement automatically renew on a monthly basis without any further action by you unless you give GoPackets notice of cancellation at least ten [7] days before the end of the monthly term in which the notice is given. If you terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term and any and all outstanding charges. Customer is responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, miscellaneous, personal property, public utility or other taxes, fees, regulations or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. These amounts are in addition to payment for the GoPackets Service, services, or devices and will be billed to your account.

Business Use of Service and/or Device: If you have subscribed to GoPackets VoIP Phone Business services, the Service and/or Device (If provided or purchased) are provided to you as a business user. This means that you are not to resell or transfer the service or device to any other person for any purpose. You agree that the GoPackets VoIP Phone Services Business Plans are for ordinary and typical business office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. GoPackets reserves the right to immediately terminate or modify the Service, if GoPackets determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities, in accordance with Applicable Law regarding such terminations. For the purposes of these terms and agreements, the use of the Service for more than two thousand (2,000) minutes of usage a month (Business Usage Limit ) per extensions (averaged against all customers extensions) will be considered the maximum business use. Further, and notwithstanding the above, GoPackets reserves the right to classify any company or extension outside the maximum fair policy usage if, in GoPackets sole discretion, the customer's calling records and patterns reasonably indicate a business or abusive usage. If a Customer exceeds the business usage limit or demonstrates abusive usage patterns, GoPackets will have the right to either charge for additional usage or terminate the customer's contract.

Residential Use of GoPackets Service and/or Device: If subscribed to GoPackets residential services, the service and device (if provided or purchased from GoPackets) are provided to you and your household as a residential user, for your personal, residential, non-business and non-professional use (See business services for home business use). This specifies that you are not using the residential service for any commercial or governmental activities, profit-making or non-profit. If you fail to acknowledge or comply with these limitations, GoPackets reserves the right to notify and immediately terminate or modify the Service, if GoPackets determines, in its sole discretion and in accordance with Applicable Law and/or the rules and regulations of appropriate state and federal regulatory bodies, that Customer's Service is being used for non-residential or commercial use. For the purposes of these terms and agreements, use of the Service for more than fifteen hundred (1,500) minutes of usage a month (Residential Usage Limit ) will be considered business use. Further, and notwithstanding the above, GoPackets reserves the right to classify a Residential Customer as a business customer if, in GoPackets sole discretion, the customer's calling records and patterns reasonably indicate a business or abusive usage. If a Customer exceeds the residential usage limit or demonstrates business or abusive usage patterns, GoPackets will charge the account service holder as if it were a business customer.

Bundled Service: You acknowledge and agree that some or all services are offered on a bundled basis (including local, toll, long-distance, and international service) and cannot be separated. I acknowledge that these services (local, toll, and long-distance) are not available individually and that in order to maintain each of the services in the bundle, one must maintain the others on the same service line. However, you do have control mechanisms available to you to limit these services individually and are the responsibility of the account and services owner to request which services they would like to restrict.

Equipment Return Fees: If you have been provided (Not purchased) any devices by GoPackets, you will be charged an equipment return fee per device obtained from GoPAckets upon the termination of Service for any reason regardless of if such termination is by GoPAckets or you. The equipment return fee (fee amount is dependant on device original terms) becomes due and payable immediately upon termination and will be billed directly to your credit card or the agreed payment method. If you have multiple devices, you will be charged an equipment return fee per Device for each Device belonging to GoPAckets in your possession To receive a credit for the equipment return fee, you must return the Device(s) undamaged and in original condition within ten (14) days of termination. GoPAckets will not credit you if the Device(s) is damaged or not in its original condition as received by you. In the event you disconnect multiple lines, GoPAckets will issue you a credit for all equipment return fees upon receipt of all Devices (e.g., ATAs, SIP Phone, etc.) in accordance with this Section. Further, GoPAckets reserves the right to charge you for any power cables, network cables or other incidental equipment (Equipment) provided to you in addition to the Device should such Equipment not be returned. If you have purchased equipment or devices from GoPackets or any other vendor or supplier, these return fees do not apply.

E911 Service - GoPackets provides you with phone services over your broadband, Internet or IP connection. There is an important difference between the GoPackets service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with GoPackets has important limitations that you should be aware of and that you advise others that may use the GoPackets service in your residence or business. You are responsible for activating the 9-1-1 dialing feature by taking affirmative steps to register the address where you will use the gopackets service by logging into your control panel and providing a valid physical address. if you move the location of where you use the gopackets service, you must affirmatively activate the 9-1-1 dialing feature at that location by registering the address. if you fail to register your location or change the address to a new location, the 9-1-1 dialing feature will not function properly and potentially no emergency service will be sent to your location. Additional limitations are as follows: If you lose power or there is a disruption to power at the location where GoPackets is used, neither GoPackets nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the GoPackets device prior to utilizing the service. If your Internet connection, IP service, or Broadband service is lost, suspended, terminated, or disrupted, neither GoPackets nor the 9-1-1 dial feature will function until the Internet connection, IP service or Broadband Service is restored. If your GoPackets account is suspended or terminated, the GoPackets service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing GoPackets as compared to traditional 911 dialing over traditional public telephone networks. You are responsible for the accuracy and the completeness of the address that you submit to GoPackets for the location at which GoPackets will be used and to which emergency service will be sent in the event that you use the GoPackets 9-1-1 dialing service. You are responsible for updating and advising us of any and all changes to the address or location at which GoPackets will be used. GoPackets uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither GoPackets, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to GoPackets 9-1-1 dialing service unless such claims or causes of action arise from GoPackets's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless GoPackets, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, GoPackets 911 dialing feature or service or access emergency service personnel. If you fail to provide GoPackets with a proper and valid 9-1-1 physical address and specification of extension or extension account this applies and you attempt to dial 9-1-1, you may be responsible for any associated emergency responder fees.

Miscellaneous: GoPackets reserves the right to refuse to provide service to any business, organization, or person at its sole discretion with or without reason. GoPackets also reserves the right to terminate accounts with or without reason at its sole discretion. If GoPackets terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service minus any owed charges. If GoPackets terminates service for Terms of Service violation, the user is not entitled to any refund. Calls to offshore destinations other than the USA and Canada are not included in GoPackets's calling plans and are billable at the rates published on the international rates page. Call Recording, Voicemail Storage & Messages are not guaranteed for any retention period beyond the stated feature or service retention period. Deleted Voicemails and Call Recordings cannot be retrieved.

Recording Conversations: Certain GoPackets Services provide a function that allows You to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, You are required to obtain consent from all parties to record a conversation. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. GoPackets expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify GoPackets from and against any damages or liabilities of any kind related to Your recording of any telephone conversations using the Services. You agree that GoPackets, may at its sole discretion, record any call between GoPackets and You for GoPackets quality control purposes.

Service Limitations: Due to the nature of VoIP services and it's technology, GoPackets service is not designed to be used for data connections with modems, business alarm systems, home security systems, fax machines, and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using GoPackets service in non-voice scenarios. Our WebFax product for use within the system is optimized and very reliable, but control of far-end receiving or transmitting Fax devices or systems may not have reliable infrastructure or quality carrier routes resulting in a reduction and consistency of WebFax or ATA based service.

Billing: Accounts renew automatically unless canceled. Accounts will renew on or around the anniversary of your initial order based on your selected term or monthly. All GoPackets services and related charges are billed on the first of the month. If you have a credit card or ACH on file, GoPackets will bill you automatically when charges are due. Customers are responsible for all international and inbound toll-free calling usage charges and premium calls (such as 411) billed to their accounts. Promotional plans will renew at standard pricing after the initial term. Promotional pricing is only available for new customers unless explicitly stated as being available for existing customers in an offer. Existing customers that are up for renewal at standard pricing may not cancel an account and re-establish it to obtain new customer pricing as they will not be considered new customers. If you do not have a credit card on file and use another accepted payment method such as PayPal which may require manual payments to be made, it is your responsibility to ensure that you have made these payments within 7 days (grace period) of the 1st day of the month. GoPackets is a post-paid service and does not provide a continuous use of the grace period for billing. If invoices are not paid by the due date or grace period, your account may be subject to disconnection or a late fee. We do attempt communication (Phone, email or chat) with account holder in the event of late or missing payments, but it is the responsibility of the account holder to respond within 48 hours of the attempt and GoPackets is not responsible for any lack of response from the account holder for any reason.

Payment: When you subscribe to the Service, you authorize us to collect from your payment method. This authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method. Collection. If we disconnect the Service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney’s fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest and charges due to insufficient credit. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.

Billing Disputes: You must notify GoPackets in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your bank account if you dispute any GoPackets charges on that statement or that have been debited from your account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following email address: accounting@gopackets.com. GoPackets will charge a late fee as for a disputed amount if (1) it was not paid by the due date or grace period and (2) GoPackets determines that you disputed the charge in bad faith.

Privacy: GoPackets utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communication services. GoPackets makes no claims with regards to the privacy of voice packets transmitted over public networks. GoPackets provides the option (requested by the account owner) for Encrypted voice within its network via TLS/SRTP. Please note with this encrypted service, once outside of our network the voice or communication packets can become unencrypted and therefore a possibility of being intercepted by another provider, carrier, or criminal element. GoPackets also provides certain features like Barge/Teach/Monitor and optional Call Recording in which GoPackets is not responsible for use, release, or theft of these features.

Customer agrees that it shall defend, indemnify, save and hold GoPackets harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, asserted against GoPackets, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless GoPackets against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with GoPackets ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party

GoPackets is committed to respecting your privacy relating to personally identifiable information. Once you choose to provide personally identifiable information, it will only be used in the context of your relationship with GoPackets. GoPackets will not sell, rent, or lease your personally identifiable information to others. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, GoPackets may disclose personally identifiable information.

Indemnification: Customer agrees that it shall defend, indemnify, save and hold GoPackets harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, asserted against GoPackets, its agents, its customers, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless GoPackets against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with GoPackets.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.

Binding Arbitration: By using any GoPackets service, you agree to submit to binding arbitration. If any disputes or claims arise against GoPackets or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of GoPackets 's choosing. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.

Informal Resolution of Disputes: Our Customer Service Department can resolve most customer concerns quickly and to the customer’s satisfaction. If you have a dispute or claim against us, you should first contact the GoPackets Customer Care Department at (410) 456-000 and provide in detail, including documents or analysis supporting your position, the basis of your claim. Customer service shall be provided with 2 weeks in which to research and respond to your claim. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below. Formal Notice of Disputes A party who intends to seek arbitration must first send to the other party a written “Notice of Dispute” setting forth in detail, including submission of supporting documentation, the grounds of your dispute. The Notice of Dispute to GoPackets must be sent to GoPackets. The Notice of Dispute must describe the nature and basis of the dispute or claim and set forth the specific relief sought. If you and GoPackets do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or GoPackets may commence an arbitration proceeding. The amount of any settlement offer made by you or GoPackets shall be non-discoverable and shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or GoPackets is entitled.

Waiver of Judge or Jury Trial: You and GoPackets agree that, by entering into this agreement, you and GoPackets are waiving the right to a trial by judge or Waiver of Class Actions. You and GoPackets agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and GoPackets agree that you and GoPackets may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and GoPackets agree that, unless you and GoPackets agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.

Statute of Limitations: You must present a claim within one (3) months of the date of the occurrence of the event or facts giving rise to a dispute.

Disclaimer: GoPackets shall not be responsible for any damages you or your business may suffer. GoPackets makes no warranties of any kind, expressed or implied for services we provide. GoPackets disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to deliver service, we cannot guarantee uptime or availability of service and do not issue refunds or credits for outages.

Terms and Conditions Changes:  GoPackets may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on our website. These changes will become binding and effective the date they are posted to our website. No further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.

Export Compliance: You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that Customer shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or Device, including, without limitation, to any destination, company, or person restricted or prohibited by U.S. export controls.

Force Majeure: (Events beyond GoPackets control). GoPackets shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of GoPackets’s best efforts.