Terms of Service:
These Terms and Conditions of Service (the "Agreement") are entered into by and
between the subscriber ("you," "your" or "Subscriber") and Quality Speaks LLC dba
PhonePower ("PhonePower", "us", or "we"). Please be aware that, any of the
following actions, without limitation or qualification, constitutes your acceptance
and agreement to be bound by and to comply with all of the terms and conditions
of service of this Agreement: (a) your submission of an order; (b) your accepting
the terms and conditions electronically during the ordering process; or (c) your
use of the Service (as defined herein). Initial charges, including first month service
and shipping and handling charges are non-refundable immediately upon submission
of an order. This Agreement includes the terms set forth herein, the Acceptable
in this Agreement, all of which are incorporated herein by reference. This Agreement
sets forth the terms and conditions under which you agree to use the Service and
covers all or PhonePower's plans. If you do not or are not willing to be bound
in its entirety by these terms and conditions of service, do not proceed. Copyright
and Licenses: The entire contents of this Agreement, the Services and PhonePower's
website are protected under the United States copyright laws. The copyright notices
and other proprietary legends shall not be removed from the Services and no right
to use any trademark is granted under this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES
AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. EMERGENCY SERVICES - 911 DIALING
- 1.1 911 Dialing.
PhonePower uses the same national 911 network that all traditional telephone
companies use. Be aware that 911 Dialing does not function in the event of a power
failure or disruption. If there is an interruption in the power supply, the Service,
including 911 Dialing, will not function until power is restored. Following a power
failure or disruption, you may need to reset or reconfigure the Device prior to
utilizing the Service, including 911 Dialing. Service outages or suspensions or
disconnections of service by your broadband provider or ISP will prevent all Service,
including 911 Dialing, from functioning. Disconnection of your account will prevent
all Service, including 911 Dialing, from functioning. Your ISP, broadband provider
or other third party may intentionally or inadvertently block the ports over which
the Service is provided or otherwise impede the usage of the Service. If you suspect
this has happened to you, you should alert us to this situation and we will work
with you to attempt to resolve the issue. During the period that the ports are being
blocked or your Service is impeded, your Service, including 911 Dialing, may not
function. You acknowledge that PhonePower is not responsible for the blocking
of ports by any third party or any other impediment to your usage of the Service,
and any loss of Service, including 911 Dialing, which may result. In the event you
lose service as a result of blocking of ports or any other impediment to your usage
of the Service, you will continue to be responsible for payment of the Service charges
unless and until you disconnect the Service in accordance with this Agreement. If
there is a Service outage for any reason, such outage will prevent all Service,
including 911 Dialing, from functioning. Such outages may occur for a variety of
reasons, including, but not limited to, those reasons described elsewhere in this
You authorize us to disclose your name and address to third-parties involved with
providing 911 Dialing to you, including, by way of illustration but not limitation,
call routers, call centers and local emergency centers.
- 1.2 Registration of Physical Location Required. For each phone line that
you utilize with the Service, you must register the physical location where you
will be using the Service with us. Your initial location will be registered as a
part of subscribing to the Service. It is incumbent on you to confirm the accuracy
of your physical address through your online account and update it if you have any
changes, additions or transfers of phone numbers. When you move the Device to another
location, you must update your location. If you do not update your location, 911
calls you make may be sent to an emergency center near your old address. You may
update a location by logging on to your online account. For purposes of 911 Dialing,
you may only register one location at a time for each phone line.
- 1.3 Alternate 911 Arrangements. If you are not comfortable with the limitations
of the 911 Dialing service, you should make arrangements for an alternate means
of accessing traditional 911 or E911 services or disconnecting the Service. You
understand that additional arrangements should be made to access emergency services.
To access emergency services, you acknowledge and accept that it is your sole responsibility
to purchase, with a third-party separately from PhonePower, traditional wireless
or wireline telephone service that offers access to emergency services. You further
recognize that PhonePower is not a replacement for your primary telephone service
and you are hereby advised to maintain a traditional wireline or wire-based telephone
service at all times. By agreeing to these terms of service and by your use of the
Device, you acknowledge and accept that the Device may not support or provide emergency
service at all times. You represent and warrant to PhonePower that you already
have made additional arrangements with a third party to access emergency services.
- 1.4 Network Congestion. Reduced Speed for Routing or Answering 911 Dialing
Calls. There may be a greater possibility of network congestion and/or reduced speed
in the routing of a 911 Dialing call made utilizing the Service as compared to traditional
911 dialing over traditional public telephone networks.
- 1.5 Disclaimer of Liability and Indemnification. We do not have any control
over whether, or the manner in which, calls using our 911 Dialing service are answered
or addressed by any local emergency response center. We expressly disclaim any and
all responsibility for the conduct of such local emergency response centers and
the national emergency calling center. We rely on third parties to assist us in
routing 911 Dialing calls to local emergency response centers and to a national
emergency calling center. We disclaim any and all liability or responsibility in
the event such third party data used to route calls is incorrect or yields an erroneous
result. Neither PhonePower nor any of its officers, directors, members or employees
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 our 911 Dialing
service unless such claims or causes of action arise from our gross negligence,
recklessness or willful misconduct. You shall defend, indemnify, and hold harmless
PhonePower, its officers, directors, members, employees, affiliates and agents
and any other service provider who furnishes services to you in connection the Service,
from any and all claims, losses, damages, fines, penalties, costs and expenses (including,
without limitation, attorneys fees) by, or on behalf of, you or any third party
relating to the absence, failure or outage of the Service, including 911 Dialing,
incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service
to be able to use 911 Dialing or access emergency service personnel.
- 1.6 Notify All Users. You should inform all household residents, guests and
other third persons who may be present at the physical location where you utilize
the Service of the important differences in and limitations of 911 Dialing as compared
with basic 911 or E911. The documentation that accompanies each Device will include
a sticker concerning the potential non-availability of basic 911 or E911 (the "911
Sticker"). It is your responsibility, in accordance with the instructions that accompany
each Device, to place the 911 Sticker on each Device that you use with the Service.
If you did not receive a 911 Sticker with your Device, or you require additional
911 Stickers, please contact our customer care department.
2. SERVICE. PhonePower will provide you with digital
phone service, subject to the terms and conditions set forth herein (the "Service").
We recommend waiting until the Service is installed and tested for a few weeks before
assuming that the Service will be available and of good quality.
3. SUBSCRIBER INFORMATION. You acknowledge that you
are eighteen (18) years of age or older, and you agree that you have the legal authority
to enter into this Agreement and affirm that the information you supply to us is
correct and complete. You understand that PhonePower relies on the information
you supply and that providing false or incorrect information may result in Service
delays or the suspension or termination of your Service. You agree to promptly notify
PhonePower whenever your personal or billing information changes, including
without limitation, your name, address, telephone number, and credit card number
and expiration date, if applicable.
4. GENERAL PRICING AND FEES. PhonePower's prices
are shown in the Pricing Schedule and you will be charged based on the Plan and
Options you select during the ordering process. A Subscriber who selects a "Month
to Month" Plan (a "Monthly Subscriber") will pay the monthly price(s) listed on
the Pricing Schedule corresponding to the Plan and Options chosen by such Monthly
Subscriber at the time of order. However, such monthly prices are subject at any
time to increase to PhonePower's then current prices. A Subscriber who selects
a "1 Year Contract" Plan (a "Contract Subscriber") will pay the monthly price(s)
listed on the Pricing Schedule corresponding to the Plan and Options chosen by such
Contract Subscriber at the time of order. Such monthly prices for Contract Subscribers
are guaranteed for the initial twelve (12) month Term. Following the initial twelve
(12) month Term, a Contract Subscriber will automatically become a Monthly Subscriber
and will pay PhonePower's then current prices, subject to increase as described
above, unless such Subscriber registers for a new "1 Year Contract" Plan at such
time, to the extent available. A Subscriber who selects a "Prepaid" Plan (a "Prepaid
Subscriber") will pay the full amount listed on the Pricing Schedule corresponding
to the Plan and Options chosen by such Prepaid Subscriber at the time of order.
Following the initial prepaid Term, as defined by the Plan and Options selected,
a Prepaid Subscriber will automatically become a Monthly Subscriber and will pay
PhonePower's then current prices, subject to increase as described above, unless
such Subscriber registers for a new "Prepaid" Plan at such time, to the extent available.
From time to time PhonePower may offer promotional packages to entice new customers
to join. Unless otherwise stated, these promotional packages are not valid for existing
customers. In addition to regular fees set forth in the Pricing Schedule, you agree
to pay all other charges, including but not limited to network usage, applicable
taxes, fees and surcharges, including charges imposed against PhonePower by
third party providers that it passes on to you. The taxes and surcharges may vary
on a monthly basis and may change at any time without notice; any variations will
be reflected in your monthly charge. The current Regulatory Recovery Fee is one
dollar and 98 cents ($1.98) for all clients. E911 Recovery Fee is ninety-nine cents
($0.99) for all clients in the US. PhonePower collects a Federal, State and
Local Services (FSLS) Recovery fee for most voice services. This fee is a percentage
of billable service, and covers a variety of taxes, surcharges and fees billed by
federal, regional and local agencies. The current rate is 11.64%, and is subject
to change without notice. When possible, PhonePower will break out such charges
on the monthly invoice.
- 4.1 Taxes and Fees on Free Services. Any plan that comes with free service
will be assessed applicable taxes, surcharges, and fees periodically, based on the
details of the plan selected. These fees will be calculated based on the standard
price for the service. Services are subject to suspension and termination if balances
are not paid in a timely manner per Section 4 of PhonePower's Terms of Service.
5. PAYMENT, LATE FEES AND OTHER CHARGES. There is
no money back guarantee for any Services unless specifically written in a special
one time promotion. There are no pro-rated refunds for unused time. All services
will be charged via automatic credit card withdrawal. Unless otherwise stated in
the Pricing Schedule, PhonePower will invoice and charge Subscribers monthly.
Subscribers are responsible for paying monthly subscription fees while Services
are suspended due to non-payment. In the event that an account is terminated for
any reason with an outstanding balance, PhonePower will continue to electronically
charge the credit card on file for the outstanding balance until all balances are
fully resolved. All disconnected accounts and all accounts suspended for non-payment
are subject to a fifteen dollar ($15.00) reconnection fee. Any requests for a change
in telephone number are subject to a fifteen dollar ($15.00) change fee. Subscribers
are responsible for any disputed charges beyond sixty (60) days from the date of
the charge. Any account which goes into collection status will be transferred to
a collection agency and incur a twenty-five dollar ($25.00) processing fee and all
other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00)
service charge on disputed credit cards and credit card chargebacks. Past due accounts
will accrue a monthly charge of one and one-half percent (1.5%) of the past due
balance or one dollar ($1.00), whichever is greater.
You are responsible for all charges attributable to your account incurred with respect
to the Services. You agree to notify PhonePower immediately, in writing or by
calling the PhonePower customer care line at (888)607-6937, if you become aware
at any time that Services are being stolen or fraudulently used. You are responsible
for all usage charges attributable to your account, even if incurred as the result
of fraudulent or unauthorized use by third parties, until you report the theft or
fraudulent use of the Services. You are solely responsible for securing all passwords
and access numbers to guard against and prevent unauthorized access to Services
by third parties. PhonePower, may, but is not obligated to, detect or report
unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify
and hold PhonePower harmless from all claims, costs, liabilities and damages
arising out of such fraudulent use.
- 5.1 Long Distance. Unlike most telephone service providers, PhonePower
provides all local and long distance minutes within the continental US as a bundle
within your package. Actual long distance minutes are measured but not charged as
long as the client remains below their specific plan’s usage thresholds.
- 5.2 Minutes Of Use Per Month. All standard Residential and Small Business Plans, unless otherwise noted include 5,000 minutes of outbound use per month. If a line exceeds
5,000 minutes per month, from your bill date, PhonePower reserves the right
to notify the client and bill for excess minutes at $0.02 per minute.
- 5.3 International Calling. International calling is enabled by default. Customers
may enable or disable it at anytime by logging into their My Account page. All International
calls are billed at their respective international rates which are updated on the
first Tuesday of each month. Any and all call charges are rounded to the nearest
whole penny. Each customer account is given a credit limit for international calls.
If an international calling balance exceeds the credit limit prior to their next
bill date, the account will be charged the balance immediately. Failure to pay will
result in suspension of service. All international calls are subject to an FCC-mandated
15.5% Universal Service Fund tax. This rate changes quarterly based on the information
located at the
- 5.4 Free International Calling. All PhonePower
plans that include more than 500 minutes receive 60 minutes of free international
calling to qualifying destinations every monthly bill cycle. 500 and Metered Rate
plans do not receive any Free International Minutes. Premium International
plans include 1200 minutes of free international calling to qualifying destinations
each month. Details of qualifying destinations can be found using the International
Phone Number and Rate Lookup tool, located on PhonePower's International Page. These rates and qualifying destinations
are subject to change on the 1st Tuesday of each month. This tool is the final arbiter
of which phone numbers qualify for Free International Minutes. After the allotted
minutes of qualifying calls have been made each month, standard billing will commence
using the listed rates for each destination.
- 5.5 Directory Assistance and Operator Services. Directory Assistance is charged
at $0.99 per call and $0.10 per minute after two minutes. Directory Assistance is
enabled by default on all new phone lines. Operator calls are billed at $3.00 per
call. Operator calling is disabled by default on all new phone lines, but may be
activated using the My Account Dialing Options.
- 5.6 Call Forwarding. Certain features such as call forwarding may incur outgoing
minutes automatically when they are enabled. All forwarded calls count against standard
minute usage caps. Before activating these features, consider this usage and whether
it will affect your usage thresholds.
- 5.7 Toll-Free Numbers. Toll Free numbers can be attached to any PhonePower
service plan. Toll-Free numbers cost $5 per month plus $0.04 per minute, billed
in 1 minute increments.
Initial Billing Increment (seconds)
Additional Billing Increments (seconds)
Rate per Minute
- 5.8 Billing Increments. Any and all call charges are rounded to the nearest
whole penny. Current billing increments for available new plans are as follows:
Initial Billing Increment (seconds)
Additional Billing Increments (seconds)
Rate per Minute
Calling a Toll-Free Number
See International Rates
See International Rates
varies by plan
5.9 Answer to Seizure Ratio (ASR).
For each billing cycle, if more than 20% of a Subscriber's traffic is 6 seconds
or less in duration, PhonePower shall charge an additional one-cent ($0.01) per
call for all calls that are 6 seconds or less above the 20% limit. Subscriber acknowledges
that calls that surpass the call duration threshold and are charged accordingly,
as defined above, are due and owing to PhonePower. These charges are non-negotiable
and Subscriber waives the right to dispute these valid charges.
5.10 Reasonable Use Policy.
Because over 98% of PhonePower's residential unlimited calling plan customers use
less than 4000 minutes per month and do not have any unusual usage patterns, a customer's
aggregate usage may be considered outside of normal use if it exceeds 4000 minutes
per month. Based on such usage, PhonePower may determine that abnormal or unreasonable
usage is occurring, and may charge an overage fee of $0.02 per minute over 4000
minutes, or take appropriate steps to enforce this Policy and the Terms of Service
("PhonePower's Rights") including suspension or cancellation of service.
- 5.11 Click2Call. Click2Call calls are always two physical calls, one to the
source number and one to the destination number. Both of these calls are evaluated
for billing and accounting purposes separately.
No Minute Usage
Length of Call
Double Length of Call
- 5.12 Unprovisioned 911 Calls. For each billing cycle, if a Subscriber places
one or more 911 calls but does not have a valid 911 address on file with PhonePower,
PhonePower shall charge $75 for each call placed. These charges are non-negotiable
and Subscriber waives the right to dispute these valid charges.
6. EQUIPMENT. PhonePower provides the option to
lease the Subscriber either a new or used ATA (Phone Adapter), combination ATA and
router, or other equipment for using the Service. All used equipment is provided
on as-is basis and you agree to hold PhonePower harmless for any defective equipment.
Defective equipment, including the original power supply, must be returned to PhonePower
at PhonePower’s expense via a provided UPS shipping label within 30 days of
receiving the replacement device. In the event of Service termination by either
Subscriber or PhonePower, Subscriber must return to PhonePower all leased
equipment (ATAs, routers, phones, etc) , including the original power supplies,
in undamaged, usable condition at Subscriber's expense within thirty (30) days of
termination. In the event Subscriber does not return the leased hardware to PhonePower
in working condition within such thirty (30) day period, Subscriber must pay ninety-nine
dollars and ninety cents ($99.90) plus applicable taxes per unreturned device to
purchase the ATA(s) or combination ATA and router(s) from PhonePower. In the
event Subscriber does not return all original power supplies to PhonePower,
Subscriber must pay a ten dollar ($10.00) Replacement Fee per unreturned power supply
at the time the hardware is checked-in. Returned equipment check-in can take up
to 3 business days from the date of receipt. Hardware purchased at a retail location
or directly from PhonePower is owned by the customer and is exempt from the
hardware return policy.
- 6.1 Subscriber Supplied Equipment. PhonePower provides the option for
Subscribers to supply their own ATA (Phone Adapter). If a Subscriber supplies their
own ATA, the Subscriber assumes the risk of service incompatibility. Incompatible
Subscriber ATAs or other Subscriber equipment shall not relieve Subscribers from
any of their obligations under this Agreement while troubleshooting defective or
incompatible equipment even if Subscriber's Service is down during such periods
of troubleshooting. The current list of equipment that is compatible and approved
for use with Phone Power's service can be found at www.phonepower.com/hardware.aspx. PhonePower reserves
the right to add or remove equipment to this list at any time. PhonePower reserves
the right to alter the software on Subscriber's ATA in order to guarantee compatibility
with PhonePower's service. Any device used with PhonePower's service must
not be locked or currently provisioned to any other provider and you must have the
admin password for said device. Any device received from another VoIP provider will
most likely NOT work due to this restriction.
- 6.2 Converting From Subscriber Supplied Equipment to PhonePower Supplied
Equipment. Should a Subscriber who has supplied their own hardware wish to instead
utilize PhonePower's leased equipment, this option is available by contacting
our Support Department. Subscriber must authorize PhonePower to charge their
account a one-time fee for shipping and handling of this equipment, based on the
current shipping rates for new customers. This hardware is provided on a free-lease
basis, subject to the terms and conditions described in Section 6.0 of this Agreement.
- 6.3 Converting From PhonePower Supplied Equipment to Subscriber Supplied
Equipment. Subscribers may convert from PhonePower Supplied Equipment to
their own equipment by contacting our Support department. Any Leased equipment must
be returned to Phone Power within 30 days of converting to Subscriber Supplied Equipment.
- 6.4 Equipment Replacement. If any PhonePower supplied equipment appears
to be malfunctioning, the Subscriber must contact Technical Support and work with
them to determine if the device is in need of replacement. Only a Technical Support
representative has the ability to determine if a device is in need of replacement.
If a device is determined to have malfunctioned due to manufacturer defect, a free
replacement will be provided at PhonePower's expense. If a device is determined
to have malfunctioned for any other reason, including but not limited to incorrect
power supply, customer negligence, and damage from house wiring, Subscriber must
pay a $49.95 damaged device fee. After paying the damaged device fee, a Subscriber
has several replacement options:
- Subscriber may request a new Free Lease as detailed in Section 6 above, plus $14.95
Shipping and Handling
- Subscriber may lease a refurbished ATA from PhonePower for free, plus $7.95
Shipping and Handling charge
- Subscriber may opt to provide their own device, as specified in Section 6.1 above
- 6.5 Expedited Replacements and New Leases. Any customer who is receiving
a new lease or replacement device has the option to request expedited shipping.
To authorize expedited shipping, Subscriber must agree to one of the following charges,
in addition to the appropriate standard Shipping and Handling fee:
- UPS 3-Day Select - $20
- UPS 2nd Day Air - $30
- UPS Next Day Air Saver - $40
- 6.6 SIP Credentials. Residential Subscribers on PhonePower's Aquarius
platform may choose to have their SIP Credentials enabled via their My Account portal.
To enable SIP Credentials, Subscriber must understand and agree that PhonePower
will not offer any technical support for any Subscriber device(s) using hand-configured
credentials. PhonePower will continue to offer normal support for all auto-provisioning
devices, including PhonePower supplied phone adapters, softphones, zippyphones,
BYOD devices that use PhonePower’s auto provisioning system, etc. If a Subscriber
is unable to configure their device(s) appropriately, SIP Credentials must be disabled
before Technical Support will be provided. Subscribers using SIP Credentials have
a limit of 4 registrations and 2 concurrent calls. PhonePower makes no assertions
regarding which devices may be properly configured for use on the PhonePower
network and any account may be disabled at any time if, in PhonePower's belief,
Subscriber's device is causing issues on or with the PhonePower network.
7. TERM. This Agreement is effective upon Subscriber's
acceptance as provided above and shall continue until terminated by Subscriber or
PhonePower pursuant to this Agreement.
- 7.1 Monthly Subscribers. Each Monthly Subscriber is on automatically renewing
monthly terms billed on the anniversary of their service commencement.
- 7.2 Prepay Subscribers. A Prepay Subscriber pays upfront for a specified
term ("Service Term"), including initial taxes and fees. The length of the Service
Term is determined by the service package selected by the Subscriber during the
sign-up or renewal process. If the Service Term is longer than twelve (12) months,
additional taxes and fees will be charged after the initial twelve (12) months have
passed. Following the initial Service Term, a Prepay Subscriber will automatically
become a Monthly Subscriber.
- 7.3 Contract Subscribers. A Contract Subscriber is on either a twelve (12)
month term or twenty-four (24) month term ("Contract Term") beginning on the day
such Subscriber accepts the terms of this Agreement as provided above. The length
of the Contract Term is determined by the service package selected by the Subscriber
during the sign-up or renewal process. PhonePower provides a 30-day grace period
during which penalties will not be assessed for terminating a new contract. Any
Contract Subscriber who wishes to change or cancel their service plan during their
Contract Term will be assessed a Contract Termination Fee of $99 or the remainder
of your contract amount, whichever is less. Following the initial Contract
Term, a Contract Subscriber will automatically become a Monthly Subscriber.
8. TERMINATION BY SUBSCRIBER. Subscriber may terminate
this Agreement at any time for any reason by providing PhonePower with a thirty
(30) day written notice in the form of a valid written termination request and paying
all fees and other charges accrued or otherwise payable under the terms of this
Agreement. Such thirty (30) day period begins on the date on which PhonePower receives Subscriber's
valid written termination request. A Monthly Subscriber's termination will be effective
on the later of (a) the end of last day of the calendar month during which such
thirty (30) day period ends (e.g., a valid written termination request received
by PhonePower any time during January will result in termination effective at
the end of February) or (b) the end of last day of the calendar month requested
by the Monthly Subscriber. A Contract Subscriber's termination, if received by PhonePower
at least thirty (30) days prior to the end of their Contract Term, will be effective
at the end of such Contract Term, unless such Contract Subscriber requests an earlier
date. Notwithstanding the foregoing provisions of this section 8, if PhonePower
receives a written termination request from a Subscriber, PhonePower may, in
its sole discretion, terminate this Agreement on a date earlier than the date otherwise
prescribed by this section 8. If this Agreement is terminated prior to the end of
a Contract Subscriber's Contract Term, such Contract Subscriber must pay, in addition
to all fees and other charges accrued or otherwise payable under the terms of this
Agreement, an early termination fee in the amount of ninety-nine dollars($99.00)
("Early Termination Fee") or the remainder of the contract amount, whichever is
less. In the event a Contract Subscriber terminates this Agreement prior
to the end of their Contract Term because of a service-related problem not caused
by the Subscriber that PhonePower has failed to cure after what PhonePower
determines in its sole discretion to be a reasonable amount of time based on the
circumstances, the Subscriber is entitled to a waiver of the Early Termination Fee.
For such waiver to apply, the reason for the waiver stated above must have occurred
before termination and the Subscriber must report such reason for termination to
PhonePower in the Subscriber's valid written termination request. PhonePower
must in turn be given the opportunity to resolve the problem and the Subscriber
must be willing and able to troubleshoot with PhonePower. PhonePower does
not monitor Subscriber accounts for activity, and absence of activity or cancellation
of a Subscriber's Internet service will never constitute a termination request.
A written termination request is valid only if it includes your VOIP phone number,
main username, date you wish the service to be cancelled and is submitted using
one of the following approved methods:
- Navigating to http://www.phonepower.com/cancel/
and submitting the form as directed.
- Via fax to: (818) 301-7465
- Via mail to: PhonePower
Attn: Cancellation Department
9221 Corbin Ave. Suite 155
Northridge, CA 91324
9. TERMINATION BY PhonePower. If, in PhonePower's
sole and absolute discretion, (a) a Subscriber is in breach of any of the terms
of this Agreement (including but not limited to the Acceptable Use Policy); (b)
a Subscriber's use of the Service is prohibited by law or is disruptive to, adversely
impacts or causes a malfunction to the Service, PhonePower's servers or other
equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an
abusive or menacing manner when dealing with PhonePower's technical support
staff, customer service staff or any other PhonePower employees or representatives;
(d) PhonePower receives an order from a court of competent jurisdiction to terminate
a Subscriber's Service; or (e) PhonePower for any reason ceases to offer the
Service, then PhonePower at its sole election may terminate or suspend such
Subscriber's Service immediately without notice. For a termination in accordance
with this paragraph, Subscriber remains liable for all unpaid fees and other charges
accrued or otherwise payable under the terms of this Agreement, including without
limitation the equipment charges set forth herein, if applicable.
10. TERMINATED SUBSCRIBER. PhonePower, in its
sole and absolute discretion may refuse to accept a Subscriber's application for
renewal or re-subscription following a termination or suspension of such Subscriber's
use of the Service. If a Subscriber's Service is terminated for any reason, such
Subscriber, upon approval by PhonePower, may enter into a new Agreement and
must pay a new setup or activation fee as provided above. Upon the termination of
a Subscriber's use of the Service, PhonePower has the right to immediately delete
all data, files and other information stored in or for the Subscriber's account
without further notice to the Subscriber.
11. TECHNICAL SUPPORT. PhonePower assumes that
all Subscribers possess a basic understanding of their computers and their limitations.
PhonePower will not train you in basic computer skills (e.g., deleting files
or creating directories). Technical support is intended to facilitate the setup
of your properly functioning computer system for access to our services. Your computer
must have an active working connection to the internet before any technical support
will be dispensed. If you are having problems connecting to the internet, you will
need to contact your Internet Service Provider (ISP) for assistance getting connected
first. Our technical support staff is not trained to, has no obligation to, and
will not assist you in installing and/or troubleshooting modems, network cards,
routers, complex network configurations or telephone lines, neither will they provide
any technical assistance or support for any third party Software. The scope of support
is limited to a single line analog telephone connected directly to our device. PhonePower
is not responsible for connection problems due to a computer that is infected with
viruses, spyware or malware. It is the Subscriber's responsibility to initiate and
be available for technical support during PhonePower's hours of operation. If
a Subscriber wishes to utilize PhonePower's technical support, the Subscriber
must be available at the same location as the hardware to help troubleshoot the
connection or computer setup. PhonePower assumes no obligation to provide support
services for any third party products or services, including but not limited to
the quality of the connection provided by the Internet Service Provider (ISP) or
for problems with our service caused by third party products or services. It is
the responsibility of the subscriber to troubleshoot any issues with third party
products or services with the provider of that service. PhonePower does not
provide on-site technical support.
- 11.1 Incompatibility With Other Services
- (a) Non-Voice Equipment Limitations. You acknowledge that our service may not be
compatible with all non-voice communications equipment, including but not limited
to home security systems, TTY, medical monitoring equipment, TIVO, satellite television
systems, PBX, Centrex, other private telephone networks, and dial-up modems. You
waive any claim against PhonePower for interference with or disruption of these
services and equipment, as well as any claim that PhonePower is responsible
for any disruption to your business, if applicable.
- (b) Hardware Compatibility Issues. There may be other internet services or hardware
with which our service may be incompatible, including but not limited to: Fixed
Wireless, Satellite, and Power over Ethernet connections. Some providers of broadband
service may provide modems that prevent the transmission of communications using
our service. We do not warrant that our services will be compatible with all broadband
services and expressly disclaim any express or implied warranties regarding the
compatibility of our service with any particular broadband service.
12. WARRANTIES AND LIMITATIONS OF LIABILITY. YOU
ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE
SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH
IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY PHONEPOWER
(BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). PHONEPOWER
(AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE,
SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS,
INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING
UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY PHONEPOWER OR ITS REPRESENTATIVES
SHALL CREATE A WARRANTY. USE OF PHONEPOWER TECHNICAL SUPPORT IS AT YOUR OWN
RISK AND IS NOT WARRANTED.
PHONEPOWER DOES NOT WARRANT OR GUARANTEE THAT VOIP SERVICE CAN BE PROVISIONED
TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE,
EVEN IF PHONEPOWER HAS ACCEPTED YOUR ORDER FOR VOIP SERVICE. THE PROVISIONING
OF VOIP SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT
YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR PHONEPOWER SHALL
HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION
TO RETURN ANY PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
PHONEPOWER DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED
BY PHONEPOWER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT
RATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE. PHONEPOWER SHALL NOT BE LIABLE
FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE
MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE
AFFECT ITS PERFORMANCE. PHONEPOWER MAKES NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. YOU EXPRESSLY
ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT
AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE
EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY,
ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL PHONEPOWER (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS
OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE
OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE,
THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF
THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT,
TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF PHONEPOWER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO PHONEPOWER'S
THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH PHONEPOWER (AND
ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), PHONEPOWER'S
THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
PHONEPOWER RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS
AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE
EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING
TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS PHONEPOWER
(OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT
OR SUBJECTING PHONEPOWER (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR
AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL
LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE
ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS,
THE MAXIMUM AGGREGATE LIABILITY OF PHONEPOWER (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS
FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES,
13. INDEMNIFICATION. You agree to defend, indemnify
and hold harmless PhonePower and its officers, directors, members and employees
from and against all liabilities, costs and expenses, including reasonable attorney's
fees, related to or arising from: (a) any violation of applicable laws, regulations
or this Agreement by you (or any parties who use your account, with or without your
permission, to access the Service); (b) the use of the Service, the Software, the
Equipment or the Internet or the placement or transmission of any message, information,
software or other materials on the Internet by you (or any parties who use your
account, with or without your permission, to access the Service); (c) negligent
acts, errors, or omissions by you (or any parties who use your account, with or
without your permission, to access the Service); (d) injuries to or death of any
person and for damages to or loss of any property, which may in any way arise out
of or result from or in connection with this Agreement, except to the extent that
such liabilities arise from the active negligence or willful misconduct of the other
party; or (e) claims for infringement of any intellectual property rights arising
from the use of the Service, the Software, the Equipment or the Internet.
14. REVISIONS. PhonePower may revise the terms
and conditions of this Agreement from time to time (including any of the policies
which may be applicable to usage of the Service) by posting such revisions to our
website at http://www.phonepower.com/services/terms/voiptos.aspx. You agree to visit
this page and the links therein periodically to be aware of and review any such
revisions. Increases to the monthly price of the Service for Monthly Subscribers
shall be effective beginning with the calendar month following the calendar month
in which such increases are posted. Revisions to any other terms and conditions
shall be effective upon posting. By continuing to use the Service after revisions
are in effect, a Subscriber accepts and agrees to the revisions and to abide by
them. Any Subscriber who does not agree to the revision(s) must terminate their
15. ASSIGNMENT. You agree not to assign or otherwise
transfer, this Agreement in whole or in part, including the Software or your rights
or obligations under it. Any attempt to do so shall be void. PhonePower may
assign all or any part of this Agreement without notice and you agree to make all
subsequent payments as directed.
16. DISPUTE RESOLUTION WITH PHONEPOWER BY BINDING ARBITRATION.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most customer
concerns can be resolved quickly and to the customer’s satisfaction by contacting
PhonePower customer care at (888)607-6937. In the unlikely event that PhonePower’s
customer care department is unable to resolve a complaint you may have to your satisfaction,
both parties agree to resolve such disputes through binding arbitration, for claims
of $5,000 and greater, or small claims court, in the event the claim is less than
$5,000, instead of in courts of general jurisdiction. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge
or jury, allows for more limited discovery than in court, and is subject to very
limited review by courts. Arbitrators can award the same damages and relief that
a court can award. Any arbitration under this Agreement will take place on an individual
basis; class arbitrations and class actions are not permitted. For any non-frivolous
claim that does not exceed $75,000, PhonePower agrees to pay all costs of the
arbitration, but in no event shall PhonePower be responsible or costs incurred
in bringing an action in small claims court, unless directed otherwise by the court.
In arbitration you are entitled to recover attorneys’ fees from PhonePower to
at least the same extent as you would be in court. Further, under certain circumstances
(as explained below), PhonePower will pay you more than the amount of the arbitrator’s
award and will pay your attorney (if any) his or her reasonable attorneys’ fees
if the arbitrator awards you an amount that is greater than what PhonePower
has offered you to settle the dispute.
17. CHOICE OF LAW.
- 16.1 Arbitration Agreement.
- (a) PhonePower and you agree to arbitrate all disputes and claims between you
and PhonePower of $5,000 and greater. All claims less than $5,000 shall be addressed
in small claims court. This agreement to arbitrate is intended to be broadly interpreted.
It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us,
whether based in contract, tort, statute, fraud, misrepresentation or any other
- claims that arose before this or any prior Agreement (including, but not limited
to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which
you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to “PhonePower”, “you,” and “us” include our respective subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and assigns,
as well as all authorized or unauthorized users or beneficiaries of services under
this or prior Agreements between us. Notwithstanding the foregoing, either party
may bring an individual action in small claims court. This arbitration agreement
does not preclude you from bringing issues to the attention of federal, state, or
local agencies. Such agencies can, if the law allows, seek relief against us on
your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PHONEPOWER
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
This Agreement evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this provision. This
arbitration provision shall survive termination of this Agreement.
- (b) A party who intends to seek arbitration must first send to the other a written
notice of the dispute by certified mail ("Notice"). The Notice to PhonePower
should be addressed to: PhonePower 9221 Corbin Ave. Suite 155, Northridge, CA 91324 (“Notice
Address”). The Notice must (1) describe the nature and basis of the claim or dispute;
and (2) set forth the specific relief sought (“Demand”). If PhonePower and you
do not reach an agreement to resolve the claim within thirty (30) days after the
Notice is received, you or PhonePower may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by PhonePower
or you shall not be disclosed to the arbitrator until after the arbitrator determines
the amount, if any, to which you or PhonePower is entitled. You may download
or copy a form Notice and a form to initiate arbitration from http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175.
- (c) After PhonePower receives notice at the Notice Address that you have commenced
arbitration, it will promptly reimburse you for your payment of the filing fee,
unless your claim is for greater than $75,000. (The filing fee currently is $125
for claims under $10,000, but is subject to change by the arbitration provider.
If you are unable to pay this fee, PhonePower will pay it directly upon receiving
a written request at the Notice Address.) The arbitration will be governed by the
Commercial Arbitration Procedures and the Supplementary Procedures for Consumer
Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association
(“AAA”), as modified by this Agreement, and will be administered by the AAA. The
AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879,
or by writing to the Notice Address. The arbitrator is bound by the terms of this
agreement. All issues are for the arbitrator to decide, except that issues relating
to the scope and enforceability of the arbitration provision are for the court to
decide. Unless PhonePower and you agree otherwise, any arbitration hearings
will take place in the county (or parish) of your billing address. If your claim
is for $10,000 or less, we agree that you may choose whether the arbitration will
be conducted solely on the basis of documents submitted to the arbitrator, through
a telephonic hearing, or by an in-person hearing as established by the AAA Rules.
If your claim exceeds $10,000, the right to a hearing will be determined by the
AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator
shall issue a reasoned written decision sufficient to explain the essential findings
and conclusions on which the award is based. Except as otherwise provided for herein,
PhonePower will pay all AAA filing, administration and arbitrator fees for any
arbitration initiated in accordance with the notice requirements above. If, however,
the arbitrator finds that either the substance of your claim or the relief sought
in the Demand is frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment
of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse
PhonePower for all monies previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. In addition, if you initiate an arbitration
in which you seek more than $75,000 in damages, the payment of these fees will be
governed by the AAA rules.
- (d) If, after a finding in your favor in any respect on the merits of your claim,
the arbitrator issues you an award that is greater than the value of PhonePower’s
last written settlement offer made before an arbitrator was selected, then Phone
If PhonePower did not make a written offer to settle the dispute before an arbitrator
was selected, you and your attorney will be entitled to receive the alternative
payment and the attorney premium, respectively, if the arbitrator awards you any
relief on the merits. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees, expenses, and the alternative payment and
the attorney premium at any time during the proceeding and upon request from either
party made within fourteen (14) days of the arbitrator's ruling on the merits.
- pay you the amount of the award; and
- pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses
(including expert witness fees and costs) that your attorney reasonably accrues
for investigating, preparing, and pursuing your claim in arbitration (“the attorney
- (e) The right to attorneys’ fees and expenses discussed in paragraph (d) supplements
any right to attorneys’ fees and expenses you may have under applicable law. Thus,
if you would be entitled to a larger amount under the applicable law, this provision
does not preclude the arbitrator from awarding you that amount. However, you may
not recover duplicative awards of attorneys’ fees or costs. Although under some
laws PhonePower may have a right to an award of attorneys’ fees and expenses
if it prevails in an arbitration, PhonePower agrees that it will not seek such
- (f) The arbitrator may award declaratory or injunctive 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 PHONEPOWER AGREE THAT EACH
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.
Further, unless both you and PhonePower agree otherwise, the arbitrator may
not consolidate more than one person’s claims, and may not otherwise preside over
any form of a representative or class proceeding. If this specific provision is
found to be unenforceable, then the entirety of this arbitration provision shall
be null and void.
- (g) Notwithstanding any provision in this Agreement to the contrary, we agree that
if PhonePower makes any future change to this arbitration provision (other than
a change to the Notice Address) during the period of time that you are receiving
Services, you may reject any such change by sending us written notice within 30
days of the change to the Arbitration Notice Address provided above. By rejecting
any future change, you are agreeing that you will arbitrate any dispute between
us in accordance with the language of this provision.
You and PhonePower agree that
the substantive laws of the state of your billing address except to the extent such
law is preempted for inconsistent with Federal law, will be applied to govern, construe
and enforce all of the rights and duties of the parties arising from or relating
in any way to the subject matter of this Agreement. In the event of a dispute between
us, the law of the state of your billing address at the time the dispute is commenced,
whether in litigation or arbitration, shall govern except to the extent that such
law is preempted by or inconsistent with applicable Federal law. To the fullest
extent permitted by law, you and PhonePower agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to
use of the Service or this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
PhonePower's failure at any time
to insist upon strict compliance with any of the provisions of this Agreement in
any instance shall not be construed to be a waiver of such terms in the future.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable,
the validity, legality, and enforceability of the remaining provisions shall not
in any way be affected or impaired thereby, and the unenforceable portion shall
be construed as nearly as possible to reflect the original intentions of the parties.
The foregoing does not apply to the prohibition against class or representative
actions that is part of the arbitration clause; if that provision is found to be
unenforceable, the arbitration clause (but only the arbitration clause) shall be
null and void.
19. THINGS BEYOND PhonePower'S CONTROL.
will not be liable for delays, damages or failures in performance due to causes
beyond its reasonable control, including, but not limited to, acts of a governmental
body, acts of God, acts of third parties, fires, floods, strikes or other labor-related
disputes, of other things we do not control, or an inability to obtain necessary
equipment or services.
20. ENTIRE AGREEMENT.
This Agreement, including all
policies posted on PhonePower's website, which are fully incorporated into this
Agreement by reference, constitutes the entire agreement between you and PhonePower
with respect to the subject matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral. Any changes by you to this Agreement, or any
additional or different terms in your purchase orders, acknowledgements or other
documents, written or electronic, are void.
Notices by PhonePower to you shall
be deemed given: (a) when sent to your primary contact email address, (b) when deposited
in the United States mail addressed to you at the address you have specified in
your account options or (c) when hand delivered to your home, as applicable.
22. ACCEPTABLE USE.
Subscriber agrees to use the
VOIP Service in accordance with PhonePower's acceptable use policy ("Acceptable
Use Policy"), published at http://www.phonepower.com/info/aup.aspx
PhonePower reserves the right to make changes to the Acceptable Use Policy without
PhonePower will treat each
. Subscriber agrees to the terms
All obligations of the parties under
this Agreement, which, by their nature, would continue beyond the termination, cancellation
or expiration of this Agreement, including without limitation, those provisions
relating to Warranties and Limitation of Liability and Indemnification, shall survive
such termination, cancellation or expiration.
25. PHONE NUMBER CHANGES.
Phone number changes will
incur a one-time fifteen dollar ($15) processing fee.
26. TRANSFERRING NUMBERS.
PhonePower gives customers
the option of transferring telephone numbers to or from our service. If transferring
a number away from PhonePower, it is the customer’s responsibility to cancel
their service after the number has successfully transferred. Disconnected telephone
numbers are not eligible for transfer to or from our service. Cancelling an order
to transfer a telephone number to PhonePower will require a $100 expedite fee
27. MONEY BACK GUARANTEE.
stands behind our service with our 30 day satisfaction guarantee. Within the first
30 days of your activation you may upgrade or downgrade to any of our current promotional
rates or cancel your plan with absolutely no hassle. If cancelling, simply contact
customer service requesting cancellation, return the hardware to us and a full refund
will be issued. Customer only bears the cost of return shipping and any usage-based
calls (example: Operator or International calls). Money back guarantee is not applicable
on unsupported internet services.
28. CALLER ID SERVICE.
PhonePower sends current
Caller ID information with every call placed. For residential customers, Caller
ID information is "Last Name, First Name", with a maximum of 15 characters. For
business customers, Caller ID information is the business name, with a maximum of
15 characters. Caller ID information is not customizable. PhonePower has no
control over the information that any terminating telephone company chooses to display.
All telephone carriers update their Caller ID information periodically, but many
companies do not update as often as PhonePower sends updated data. If a disparity
is found between the information that PhonePower is sending and the information
that a terminating telephone company is displaying, it is the Subscriber's responsibility
to contact the terminating telephone company and request that they display the correct
data. PhonePower is not responsible for errors involving spelling, punctuation,
or capitalization of Caller ID information.
29. EXPEDITE FEE.
Any modifications made to an order
prior to the port date will incur an expedite fee of $100.
30. ELECTRONIC COMMUNICATIONS.
When you visit PhonePower,
sign up for service with us, or send e-mails to us, you are communicating with us
electronically. By doing so, you consent to receive communications from us electronically
in return. It is the responsibility of the subscriber to maintain and update a valid
email address with PhonePower at all times. PhonePower will not be held
responsible for interruptions in service or cancellation of service for non payment
due to an email not being received by the subscriber or filtered out by the email
provider being utilized by the subscriber. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically satisfy
any legal requirement that such communications be in writing. PhonePower sends
regular account notifications, balance notifications, and subscription renewal emails,
these emails cannot be opted out of. Periodic newsletters and feature update announcements
can be opted out of by the subscriber by clicking a link at the bottom of all optional
31. ACCOUNT USERNAME.
The primary username on a customer account may not be
changed after the account has been created.