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Unlike most SIP & VoIP solution providers we have been in the telephone business since 1991. We have consciously chosen to evolve as the market changes. |
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Terms and Conditions of
Service
BestSIPVoIP Subscriber Agreement
This is an agreement ("Agreement") between BestSIPVoIP, LLC.
("we", "us" or "BestSIPVoIP") and you, an end
user ("you" or "user") of BestSIPVoIP's Internet Phone
Service (the "Service") as described herein. By establishing,
activating, using, or paying for the Service, you acknowledge that you have
read and understood these terms, you agree to the terms and conditions in this
Agreement, and you represent that you are of legal age to enter this Agreement
and become bound by its terms, including those pertinent to 911 Emergency
Dialing, and to the prices, charges, and conditions provided to you in
association with your enrollment, including marketing materials and the BestSIPVoIP
website, which are incorporated herein by reference. This Agreement governs the
Service and any devices - such as a VoIP phone, analog telephone adaptor,
multimedia terminal adapter, or computer operating software enabling the
Service (each alone or all collectively known as "Equipment") -
website, or software used in conjunction with the Service. If you have
purchased Equipment from an authorized BestSIPVoIP retail dealer, you are
considered a "Retail Customer" and are governed by certain Retail
Customer terms and conditions contained below.
911 EMERGENCY DIALING
PLEASE READ THIS INFORMATION REGARDING 911 VERY
CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE
TO THE LIMITATIONS OF BESTSIPVOIP 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND
THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS. You agree to notify
any user who may place calls using your Service, including any household
residents or guests who may be present in your household, of the limitations of
BestSIPVoIP 911 Emergency Dialing.
PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH BESTSIPVOIP OFFERS 911
SERVICE, BESTSIPVOIP CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL
OPERATE AS INTENDED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT YOU HAVE
FUNCTIONING 911 SERVICE IS TO TEST THE SYSTEM; BESTSIPVOIP IS NOT AUTHORIZED TO
MAKE TEST CALLS TO THE 911 SYSTEM AND CANNOT AUTHORIZE YOU TO DO SO. YOU MAY
WISH TO CALL THE NON-EMERGENCY NUMBER OF YOUR LOCAL POLICE OR FIRE DEPARTMENT
TO FIND OUT IF THEY ARE ABLE TO HELP YOU OBTAIN SUCH PERMISSION.
BESTSIPVOIP RECOMMENDS THAT YOU MAINTAIN AN
ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES IN THE EVENT OF A SERVICE
DISRUPTION FOR ANY REASON.
BestSIPVoIP 911 Service. BestSIPVoIP 911
Emergency Dialing is not available in all areas. To activate this service where
available, you must register the physical location of your Equipment with BestSIPVoIP,
and that location must be within the geographic serving area of a Public
Safety Answering Point ("PSAP") to which BestSIPVoIP has established
connectivity for this service. If you fail to activate and properly
configure the Service and the Equipment, the Service will not support 911
Emergency Dialing, and you acknowledge and agree to
this requirement. 911 Emergency Dialing may not function for up to thirty
(30) days after BestSIPVoIP activates your Service, and you acknowledge and
agree to this requirement.
Service Address. You must
provide the address which will be associated with the Service ("Service
Address") during the registration process. The service address you provide
must be in the same rate center as the primary number you have selected.
Failure to provide the correct and proper Service Address may result in
misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the
failure to reach the correct location and render emergency service when
requested. You acknowledge that 911 dialing will not function properly if you
move your Equipment to another Service Address, either temporarily or
permanently, unless the new Service Address has been properly recorded and is
in an area for which BestSIPVoIP provides 911 Emergency Dialing. You may change
your Service Address by following the procedures specified on the BestSIPVoIP
website. Change of Service Address will take a minimum of ten business days to
properly update the 911 emergency databases.
911 Service Limitations. The following
additional limitations apply to 911 Emergency Dialing when it is provided by BestSIPVoIP:
Enhanced 911 ("E911"). In certain areas in which BestSIPVoIP
provides 911 Emergency Dialing, BestSIPVoIP provides E911 capabilities. When
the caller dials 911 on a BestSIPVoIP-enabled phone with E911 service, BestSIPVoIP
will automatically deliver the location information you provided at the time of
activation, or as subsequently and properly updated, validated, and
acknowledged by BestSIPVoIP, to the PSAP with the 911 call. If the location
information you provided is incorrect, the emergency call may be misdirected to
a PSAP that does not serve your location, which as a result may be unable to
render sufficient emergency service. You acknowledge that you are solely
responsible for maintaining accurate physical location information on your BestSIPVoIP
account. If you move your BestSIPVoIP equipment to another location, you must
update your Service Address in accordance with the instructions on the BestSIPVoIP
website.
Basic 911. In some areas in which BestSIPVoIP provides
911 Emergency Dialing, BestSIPVoIP may not support E911, and your physical
location information may not be automatically delivered to the PSAP with the
911 call. The PSAP or local emergency dispatcher receiving a non-E911 emergency
call may not be able to capture and/or retain automatic number or location
information. This means that the dispatcher may not know the phone number or
physical location of the person who is making the 911 call. Therefore, a
caller dialing 911 using BestSIPVoIP may need to immediately tell the
dispatcher the location of the emergency, and the caller must not prematurely
disconnect the line, since the dispatcher may not have the phone number to call
back the caller. If the caller is unable to speak or sufficiently describe the
location, the emergency dispatcher may not be able to render emergency service
to the appropriate location.
Acknowledgement. You understand and acknowledge that BestSIPVoIP
911 Emergency Dialing has certain characteristics that distinguish it from
traditional, legacy, circuit-switched 911 service. These
characteristics may make BestSIPVoIP unsuitable to some users. You should
carefully evaluate your circumstances when deciding to activate BestSIPVoIP
Service. You acknowledge that it is your responsibility to determine the
technology or combination of technologies best suited to meet your emergency
calling needs, and to make the necessary provisions for access to emergency
calling services, such as maintaining a conventional phone line or wireless
phone as a backup means of completing emergency calls.
Suspension of Your Account. You acknowledge and
understand that a Service outage due to suspension of your account as a result
of billing issues or any other reason, including, but not limited to, those
reasons described elsewhere in this Agreement, will prevent all service, which may include Emergency 911 Dialing.
Indemnification. You acknowledge and
understand that BestSIPVoIP will not be liable for any Service outage and/or
inability to dial 911 using BestSIPVoIP or to otherwise access emergency
service personnel due to the characteristics and limitation of BestSIPVoIP Service
set forth in this document. You agree to defend, indemnify, and hold harmless BestSIPVoIP,
its officers, directors, employees, affiliates, and agents and any other
service provider who furnishes services to you in connection with the Service,
from any and all claims, losses, damages, fines, penalties, costs, and expenses
(including, without limitation, reasonable attorney fees) by, or on behalf of,
you or any third party user of the Service relating to the failure or outage of
the Service, including those related to 911 dialing. You acknowledge
that BestSIPVoIP does not offer Lifeline service, and that we strongly
recommend that you always have an alternative means of accessing emergency
service. This provision supplements the general indemnification provision found
below.
SERVICE DESCRIPTION
Service Requirements. The Service requires Equipment obtained
through BestSIPVoIP or a third party that allows you to place and receive calls
by using your high-speed Internet connection. BestSIPVoIP does not provide or
support your high-speed Internet connection, which you need to supply at your
own expense. We recommend that your high-speed connection have a capacity of at
least 120 Kbps upstream and downstream per concurrent call. Since the
Service depends on your high-speed connection, the correct configuration of the
Equipment, and an adequate power supply, BestSIPVoIP does not guarantee
continuous availability. You acknowledge and understand that the Service
will not function in the absence of electrical power or if there is an interruption
of your high-speed Internet connection. A power failure may require you to
reset or reconfigure your Equipment or other equipment in order to restore the
Service.
Service Limitations. You understand and acknowledge that the
Service may not be compatible with all non-voice communications equipment,
including but not limited to, home security systems, medical monitoring
equipment, fax machines, satellite television systems, and computer modems.
You waive any claim against BestSIPVoIP for interference or disruption of such
services and equipment.
Service Term. The Service is offered on a month-to-month
basis, beginning on the date BestSIPVoIP activates Service, and automatically
renews on a monthly basis. BestSIPVoIP also offers the Service for twelve consecutive
months pursuant to optional BestSIPVoIP Annual Service Plans, described in
greater detail below. You may cancel the Service at any time by contacting BestSIPVoIP
according to the procedure described on the BestSIPVoIP website. If you cancel
Service prior to the end of a monthly term, you will be responsible for paying
the full month's charges to the end of the then-current monthly term, including
applicable fees and usage charges. Expiration of the term or cancellation of
Service does not excuse you from paying all unpaid, accrued charges due in
relation to the Agreement. You will not receive a partial credit for any
prepaid monthly service charge for any days remaining in your cancellation
month. Any credits or refunds for Equipment purchased by Retail Customers are
subject to the refund policies of the retail dealers where the Equipment was
purchased.
Service Distinctions. The Service is not a telecommunications
service, and important distinctions exist between telecommunications service
and the Service. In addition, different regulatory treatment is applied to the
Service as compared with telecommunications service, which may affect your
rights before regulatory agencies.
Your Responsibility. You acknowledge and
agree that you are fully responsible for all use on your account, and you
accept full liability and responsibility for the actions of anyone who uses the
Service via your account with or without your permission. You should safeguard
your usernames and passwords, as well as the identifier of the Equipment
(referred to as the "MAC address") which BestSIPVoIP uses to
authenticate usage on your account. Some of your calls may be transmitted over
the public Internet, and you acknowledge that you are aware that the Internet
is not a secure network, and that third parties may be able to intercept,
monitor, or corrupt information you transmit over the Internet.
USE OF SERVICE
Resale and Transfer. You are expressly prohibited from reselling or
transferring the Service, Equipment, and/or software to any other person for
any purpose, without express written permission from BestSIPVoIP in advance.
Residential Service Use. The Service is
intended for normal residential use. You are expressly prohibited from using
the Service for autodialing, telemarketing (including without limitation
charitable or political solicitation or polling), continuous or extensive call
forwarding, activities involving continuous connectivity, all types of
broadcasting including fax broadcast, fax blasting, or any other activity that results
in excessive usage inconsistent with normal residential or home office usage
patterns. If BestSIPVoIP determines, in its sole discretion, that you are
reselling the Service, allowing persons residing outside of your household to
regularly use the Service, or that your Service is being used for any of the
aforementioned activities, BestSIPVoIP reserves the right to immediately
terminate without notice or modify the Service and to assess additional charges
for each month in which excessive usage occurred.
Business Use of
Service and Device. If you have
subscribed to any of BestSIPVoIP’s business plans, the Service and Device 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 BestSIPVoIP business plan to which you have subscribed does not confer
the right to use the Service for auto-dialing, continuous or extensive call
forwarding, telemarketing, fax broadcasting or fax blasting. BestSIPVoIP reserves
the right to immediately terminate, modify or upgrade the Service and charge
you an Upgrade Fee, if BestSIPVoIP determines, in its sole discretion, that
Customer’s Service is being used in violation of this section. If you have a
residential plan and are using the Services for business purposes, BestSIPVoIP reserves
the right to cancel the Service. BestSIPVoIP deems the usage of 2,000 or more
minutes per SIP Trunk or concurrent call path per month in violation of this section,
and shall subject Customer to the immediate suspension and/or termination of
the Service.
Calling Limitations. BestSIPVoIP does not support certain call
types offered by traditional phone services, including, but not limited to, 0+
calling (including without limitation collect or third party billing), 900 and
976 calls, and 10-10 "dial-around" calls. The Service may not support
311, 511, and/or other x11 services (other than 911 and 411) in some or all
Service areas.
Local Number Portability. If you transfer to BestSIPVoIP
an existing phone number which is currently subscribed to a carrier other than BestSIPVoIP,
the following terms and conditions apply: (1) you hereby authorize BestSIPVoIP
to notify your local telephone company of your decision to switch your local
services to BestSIPVoIP and to transfer your telephone number, and represent that
you are authorized to take this action; (2) you acknowledge and agree that you
must successfully install and activate your Equipment prior to the date that
the number switch becomes effective; and (3) BestSIPVoIP has the right to
refuse to import a number if, in its sole discretion, it does not have the
infrastructure to support the number. You remain solely responsible for any
charges you incur with the telephone company from which the number is being
transferred during the period of the transfer, regardless of delays in
completing the transfer caused by any reason by any party.
Network Integrity and Security. You are expressly
prohibited from any use of the Service or any other action that, in BestSIPVoIP's
sole discretion, is deemed to present a risk to the network integrity or
security of BestSIPVoIP or its vendors, whether directly or indirectly. BestSIPVoIP,
in its sole discretion, may terminate your Service without advance notice if it
determines your actions could cause a network disruption or security breach.
Telephone Number. You may not sell any telephone number assigned
by BestSIPVoIP ("Number"). Upon termination of the Service, BestSIPVoIP
may, in its sole discretion, release a Number that was ported in from a
previous service provider to BestSIPVoIP by you and used in connection with
your Service provisioned by BestSIPVoIP to your new service provider, if such
new service provider is able to accept such Number, provided that your entire
account has been terminated, that you have paid all charges due to BestSIPVoIP,
and that you request the transfer upon terminating your account.
Use Outside the United States. The Service is
intended for use in the United States. If you remove the Equipment to a country
other than the United States, you do so at your sole risk, including the risk
that such activity violates local laws in the country where you do so. Use of
the Service is expressly prohibited wherever its use violates local laws, and
you are personally liable for any such violations. BestSIPVoIP reserves the
right to terminate your Service immediately and without notice if it determines
that you are using the Service in violation of applicable local laws.
Unlawful and Prohibited Use. You agree to use the
Service only for lawful purposes. You are expressly prohibited from using the
Service to transmit or receive any communication or material of any kind when
in BestSIPVoIP's sole judgment the transmission, receipt, or possession of such
communication or material would constitute, or encourages conduct that would
constitute, a criminal offense, give rise to a civil liability, or otherwise
violate any applicable laws. You are expressly prohibited from using the
Service or Equipment for any abusive or fraudulent purpose, including using the
Service in a way that interferes with our ability to provide the Service to you
or other customers or avoids your obligation to pay for communications
services. BestSIPVoIP, in its sole discretion, may terminate your Service
without advance notice if it believes you have violated the aforementioned
restrictions, or if you act in a manner that is threatening, obscene,
harassing, or abusive to BestSIPVoIP personnel. You are liable for any and all
use of the Service by any person using the Service provided to you and agree to
indemnify and hold harmless BestSIPVoIP against any and all liability for any
such use. If BestSIPVoIP, in its sole discretion, believes that you have
violated the aforementioned restrictions, BestSIPVoIP may forward personally
identifiable information to the appropriate authorities for investigation and
prosecution and you hereby consent to such forwarding.
Tampering. You agree not to change the electronic serial
number or equipment identifier, if any, of the Equipment, or to perform a
factory reset of the Equipment, without express written permission from BestSIPVoIP
in each instance which BestSIPVoIP, in its sole discretion, may deny. You agree
not to disrupt the Service or make any use of the Service that is inconsistent
with its intended purpose or to attempt to do so. BestSIPVoIP, in its sole
discretion, may terminate your Service without advance notice should you tamper
with the device.
Theft of Service. You agree to notify BestSIPVoIP immediately if
the Equipment is stolen or if you become aware at any time that your Service is
being stolen or fraudulently used. You must provide a detailed description of
the circumstances of the theft or stolen or fraudulent use of the Service and
supply any additional documentation reasonably requested by BestSIPVoIP.
Failure to do so in a timely manner may result in the termination of your
Service and additional charges.
Alternative Interface Devices. If you decide to use
the Service through an interface device not provided or supported by BestSIPVoIP
or an authorized BestSIPVoIP retail dealer, which BestSIPVoIP reserves the
exclusive right to prohibit, you warrant and represent that you possess all
required rights, including software and/or firmware licenses, to use that
interface device with the Service and you will indemnify and hold harmless BestSIPVoIP
and its vendors against any and all liability arising out of your use of such
alternative interface device with the Service. BestSIPVoIP has no obligation to
support or service the use of such alternative interface devices in any way, and in its sole discretion may decline to provide the
configuration information required to allow the device to effectuate the
Service.
Copyright, Trademark, and Unauthorized Use. The Service and
Equipment and any firmware or software used to provide the Service or provided
to you in conjunction with providing the Service, or embedded in the Equipment,
and all Services, information, documents, and materials on BestSIPVoIP's
website are protected by copyright, trademark, or other intellectual property
laws and international treaty provisions. All websites, corporate names,
service marks, trademarks, trade names, logos, and domain names (collectively
"Marks") of BestSIPVoIP are and shall remain the exclusive property
of BestSIPVoIP and nothing in this Agreement shall grant you the right or
license to use such Marks. You acknowledge that you are not given any license
to use the firmware or software used to provide the Service or provided to you
in conjunction with providing the Service, or embedded in the Equipment, other
than a nontransferable, revocable license to use such firmware or software
strictly in accordance with the terms and conditions of the Agreement, and that
the Equipment is exclusively for use in connection with the Service.
Audit and Law Enforcement. BestSIPVoIP reserves
the right to audit your use of the Service to enforce the provisions of this
Agreement. BestSIPVoIP reserves the right to track and monitor your Service and
usage subject to the requirements of the United States Patriot Act and other
laws and appropriate law enforcement processes. You acknowledge and agree that
this Agreement is sufficient notice to you of such monitoring to the extent any
notice is required under applicable federal or state law.
CHARGES AND PAYMENTS
Billing. If required by BestSIPVoIP you must provide a
valid credit or debit card number when the Service is activated. You authorize BestSIPVoIP
to charge automatically to your credit or debit card any amounts payable by you
in connection with your use of the Service. Your right to use the Service is
subject to any limits established by your credit or debit card issuer. Your
charges and credits issued will appear on billing statements provided to you by
BestSIPVoIP. You give BestSIPVoIP permission to obtain authorization for use of
your credit or debit card from your card issuer. If the card expires, you close
your account, your billing address changes, or the card is cancelled and
replaced owing to loss or theft, you must advise BestSIPVoIP at once. Your
initial use of the Service authorizes BestSIPVoIP to charge the card account
number on file with BestSIPVoIP, updated by any changed information related to
card expiration, replacement, or substitution. This authorization remains valid
until 30 days after BestSIPVoIP receives your notice to terminate BestSIPVoIP's
authority to charge your card, whereupon BestSIPVoIP will charge you for any
outstanding charges and terminate the Service. BestSIPVoIP bills all charges
and applicable taxes and fees monthly in advance (except for usage-based
charges, which will be billed monthly in arrears, plus any other charges which BestSIPVoIP
chooses to bill in arrears) to your card. BestSIPVoIP is not responsible for
any overdraft or other charges imposed by your card issuer or bank due to
insufficient funds in your account. BestSIPVoIP reserves the right to bill at
more frequent intervals if the amount due at any time exceeds $50. All charges
will be billed according to the rates and terms set forth in published materials
and found on the BestSIPVoIP website.
Commencement of Billing. You understand that
you are responsible for self-installation of the Equipment and any
configuration of the Service once you receive the Equipment. If the Equipment
is shipped to you by BestSIPVoIP, you will be billed when the Equipment is
shipped. You are encouraged to complete installation of the Service as soon as
possible in order to take full advantage of your Service period. You will be
responsible for full payment for the charges on your BestSIPVoIP bill even if
you do not install the Equipment promptly or use the Service. If you purchase
Equipment from an authorized BestSIPVoIP retail dealer, your Service is
considered active once you complete the on-line Service activation process at
the BestSIPVoIP website.
Risk-Free Trial Guarantee. From time to time, BestSIPVoIP
may offer a Risk-Free Trial Guarantee ("Trial Guarantee"), the
duration (the "Trial Period") and terms of which may vary according
to the terms of specific sales promotions as described in the promotional
literature or on the website, which is applicable only to your first-ordered
account. (You will not qualify for the Trial Guarantee program if you cancel
and subsequently re-establish a BestSIPVoIP account at the same or another
location.) Under the terms of this Trial Guarantee, if it applies, BestSIPVoIP
may refund some or all charges, including any applicable Equipment fee,
provided the terms described below are satisfied. BestSIPVoIP reserves the
right to terminate, revoke, or change the terms of this Trial Guarantee at any
time, without prior notice. In order to be entitled to this program, you must:
(1) cancel the Service within the specified number of days in the Trial Period
after the Activation Date; and (2) return the Equipment, if received directly
from BestSIPVoIP, undamaged and in original condition within seven days of
Service cancellation, with all original packaging, documentation, and accessory
materials. Retail Customers who purchased the Equipment from a BestSIPVoIP
authorized retail dealer must return the Equipment to the dealer where it was
purchased, and are subject to the terms and conditions of that dealer with
respect to any refund of the purchase price of the Equipment. No refund of
usage charges or any taxes or fees applicable to such charges will apply,
including but not limited to international calling and directory assistance
charges. Equipment must be returned with a valid return authorization number
obtained from BestSIPVoIP customer service, following prescribed procedures.
You are responsible for the cost and risk of return shipping, unless otherwise
specified in the terms of the promotional offer that applied to your enrollment
and activation.
BestSIPVoIP Annual Service Plans. The annual service fees associated with the
optional BestSIPVoIP Annual Service Plans represent payment for twelve
consecutive months of Service commencing on the Activation Date. You will be
responsible for any additional charges for services or usage not covered by the
plan, billed on a monthly basis. If you cancel the Service prior to the end of
the annual period, you will receive a refund on a prorated fee basis for
remaining full month periods, less outstanding charges. You will not receive a
refund of any applicable Equipment fee unless you cancel your Service within
the Risk-Free Trial Guarantee period and return the Equipment pursuant to the
procedure outlined above. At the conclusion of the annual period, your Service
will automatically renew for a subsequent twelve-month period at the
then-current renewal price for the selected BestSIPVoIP Annual Service Plan,
unless you choose to switch to an alternate pricing plan or cancel Service
prior to the anniversary of the Activation Date.
Price and Price Changes. Prices and charges
relating to the Service are posted on the BestSIPVoIP website. We may change
the prices and charges for the Service from time to time. We may decrease
prices without providing advance notice. Increases to the prices or charges for
the Service are effective no sooner than seven days after posted on the BestSIPVoIP
website or you are otherwise notified of the changes.
Failure to Pay. We may suspend, restrict, or cancel the
Services and this Agreement if you do not make payments for current or prior
bills by the required due date. We may also take appropriate steps or require
you to take certain action when you or BestSIPVoIP are or have been the target
of fraud related to your account. Service suspension or cancellation will
result in your loss of the number associated with the Service.
Late Payment Charge. We may add interest charges to any past-due
amounts at the lower of 1.5% per month or the maximum rate allowed by law,
prorated for each day payment is past due. Acceptance of late or partial
payments (even if marked "Paid in Full" or with other restrictions)
shall not waive any of our rights to collect the full amount of your charges
for the Service. You agree to reimburse us for reasonable attorneys' fees and
any other costs associated with collecting delinquent or dishonored payments.
If charges cannot be processed through your credit or debit card, we will
charge you an additional $15.00. If the state where you receive the Service
requires a different fee, we will charge you that amount.
Taxes. You are responsible for, and must pay, any applicable
federal, state, local, or other governmental sales, use, excise, public
utility, or other taxes, Universal Service Fund and 911 fees, and 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 associated equipment. These
amounts are in addition to payment for the Service or equipment and will be
billed to your credit or debit card as set forth in this Agreement. If you are
exempt from payment of such charges, you must provide documentation
satisfactory to us that you are exempt. Tax exemption will only apply from and
after the date BestSIPVoIP receives and verifies this documentation. Taxes and
other applicable fees will be in the amounts specified by federal, state, and
local authorities.
Service Interruption. You acknowledge and agree that credit
allowances for interruption of the Service will not be provided.
Billing Disputes. You must notify BestSIPVoIP within seven days
after receiving your credit or debit card statement if you dispute any BestSIPVoIP
charges on that statement or such dispute will be deemed waived.
SERVICE CANCELLATION
You may cancel the Service at any time by notifying BestSIPVoIP
according to the procedures specified on the BestSIPVoIP website. You remain
fully liable for accrued charges, taxes, and fees outstanding at the time of
termination, and you authorize BestSIPVoIP to process these amounts to your
credit or debit card. If you received Equipment directly from BestSIPVoIP and
you cancel your BestSIPVoIP Service, BestSIPVoIP reserves the right to request
that you return the equipment to us. If you do not return the equipment as
requested, you may be liable for additional charges and/or forfeit any BestSIPVoIP
Annual Service Plan refunds that might otherwise apply. Any returns of
Equipment purchased by Retail Customers are subject to the
polices of the BestSIPVoIP authorized retail dealer where the Equipment
was purchased.
INDEMNIFICATION
You agree to defend, indemnify, and hold BestSIPVoIP, its affiliates,
and agents and any other service provider who furnishes services to you or
enables us to furnish services to you in connection with this Agreement or the
Service, harmless from claims or damages relating to
or arising out of the Service, the Equipment or its installation, or this
Agreement, including, but not limited to, 911 Emergency Dialing or dialing
associated with a security system.
You agree that BestSIPVoIP should not be and is not responsible for any
third party claims against us that arise from your use of the Service. Further,
you agree to reimburse us for all of our costs and expenses related to the
defense of any such claims, including attorneys' fees, unless such claims are
based on our willful misconduct or gross negligence. Notwithstanding the
foregoing, your indemnification obligations related to 911 emergency dialing
are more expansive, as described above.
LIMITATIONS OF LIABILITY
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE
THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF BESTSIPVOIP
SERVICE DESCRIBED HEREIN.
BESTSIPVOIP'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF BESTSIPVOIP
RELATED TO THIS AGREEMENT SHALL BE LIMTED TO ACTUAL DAMAGE TO REAL OR TANGIBLE
PERSONAL PROPERTY , OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY BESTSIPVOIP'S
INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. NOTWITHSTANDING THE FOREGOING, IN
NO EVENT SHALL BESTSIPVOIP HAVE ANY LIABILITY TO YOU WHATSOEVER ON ACCOUNT OF
ANY ACT OR OMISSION OF BESTSIPVOIP RELATED TO 911 EMERGENCY DIALING. UNDER NO
CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION. BESTSIPVOIP
AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND
REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR
MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA,
OR PERIPHERALS. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY
OF BESTSIPVOIP OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED
THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT
IMMEDIATELY PRECEDING THE CLAIM.
WARRANTY LIMITATIONS
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING
THE EQUIPMENT, WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE,
EQUIPMENT, OR ANY OTHER EQUIPMENT AND EXPRESSLY DISCLAIM ANY IMPLIED
WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL
MEET CUSTOMER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT
LIMITED TO, BESTSIPVOIP EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A
WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH
STATEMENT.
DISPUTE RESOLUTION BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION
PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH
A CLASS ACTION.
Any dispute or claim between you and BestSIPVoIP arising out of or
relating in any way to the Service or the Equipment 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. The arbitrator's decision shall be final and
binding. In conducting the arbitration and making any award, the arbitrator
shall be bound by and strictly enforce the terms of this Agreement and may not
limit, expand, or otherwise modify its terms. Without limiting the foregoing,
the parties agree that no arbitrator has the authority to award relief in
excess of what this Agreement provides.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH
A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE
ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING
PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND BESTSIPVOIP BOTH
WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS
AGREEMENT.
The arbitration shall be conducted in English in the State of Maryland
in Montgomery County and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or BestSIPVoIP may seek any
interim or preliminary relief from a court of competent jurisdiction in the state
of Maryland, necessary to protect the rights or property of you or BestSIPVoIP
pending the completion of arbitration.
YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF
ANY RIGHT TO A JURY TRIAL.
MISCELLANEOUS
General Provisions. This Agreement does not provide any third
party with a remedy, claim, or right of reimbursement. Failure by BestSIPVoIP
to enforce any provision(s) of this Agreement shall not be construed as a
waiver of any provision or right. This Agreement, and all other aspects of the
use of the Service and the BestSIPVoIP website, shall be governed by and
construed in accordance with the laws of the state if Maryland, without regard
to its choice of law rules. This governing law provision applies no matter
where you reside, or where you use or pay for the Service. This Agreement
constitutes the entire agreement between us and supersedes all prior
agreements, understandings, statements, or proposals concerning the Service,
including representations, whether written or oral. No written or oral
statement, advertisement, or service description not expressly contained in the
Agreement will be allowed to contradict, explain, or supplement it. Neither you
nor BestSIPVoIP is relying on any representations or statements by the other
party or any other person that are not included in this Agreement. If any
provision in this Agreement is found to be invalid or unenforceable, the
remaining provisions shall remain in full force and effect.
Events Beyond Our Control. BestSIPVoIP will
not be responsible to you for any delay, failure in performance, loss, or
damage due to fire, explosion, power blackout, earthquake, volcanic action,
flood, the weather elements, strike, embargo, labor disputes, civil or military
authority, war, acts of God, acts or omissions of carriers or suppliers, acts
of regulatory or governmental agencies, or other causes beyond our reasonable
control.
Assignment. We can assign all or part of our rights or
duties under this Agreement without notifying you. If we do that, we have no
further obligations to you. You may not assign this Agreement or the Service
without our prior written consent.
Privacy. BestSIPVoIP Service utilizes, in whole or in
part, the public Internet and third party networks to transmit voice and other
communications. BestSIPVoIP is not liable for any lack of privacy which may be
experienced with regard to the Service. Please refer to our Privacy Policy
applicable to you on the BestSIPVoIP website for additional information.
Survival. The provisions of this Agreement relating to
indemnification (including those relating to 911 Emergency Dialing),
limitations on liability, warranty limitations, billings, and your obligations
to pay for the Service provided, including any additional usage charges, shall
survive any termination of this Agreement or termination of the Service.
Non-Waiver. Failure by BestSIPVoIP to insist upon strict
performance of any terms or conditions of this Agreement or failure or delay to
exercise any rights or remedies provided herein or by law shall not release you
from any of the warranties of obligations of this Agreement, and shall not be
deemed a waiver of any right of BestSIPVoIP to insist upon strict performance
hereof or any of its rights and remedies.
Changes to this Agreement. BestSIPVoIP may
change this Agreement from time to time. Any changes will be posted at the
Terms of Use section of the BestSIPVoIP website, currently located at www.BestSIPVoIP.com. Notice will be
considered received by you and any such changes will become binding and
effective on the date the changes are posted to the BestSIPVoIP website, except
in the case of changes to the prices or charges, when we will comply with our
notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR
PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR
CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all
previously agreed to electronic and written terms of service.
Where required by law, customers who cancel their service within the
first three days, or seven days, as applicable, following acceptance of this
Agreement will be refunded all charges incurred with respect to their account.
BestSIPVoIP,
Inc.
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