TERMS OF SERVICE
1.1 Term Service is offered on a calendar-month basis, for an initial term that begins on the date that AXVOICE activates your Service and ends on the last day of the month of your activation. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give AXVOICE notice of non-renewal at least ten  days before the end of the monthly term in which the notice is given. If you terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term and any and all outstanding charges. Customer is responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account.
1.2.1 Residential Use of Service and Device If you have subscribed to AXVOICE's Residential services, the Service and Device are provided to you and your household as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit. If you fail to comply with these limitations, AXVOICE reserves the right to immediately terminate or modify the Service, if AXVOICE determines, in its sole discretion and in accordance with Applicable Law and/or the rules and regulations of appropriate state and federal regulatory bodies, that Customer's Service is being used for non-residential or commercial use. For the purposes of this policy, a use of the Service for more than three thousand (3,000) minutes of usage a month (Usage Cap) will be considered business use. Further, and notwithstanding the above, AXVOICE reserves the right to classify a Residential Customer as a business customer if, in AXVOICE's sole discretion, the Customer's calling patterns reasonably indicates business or abusive usage. If a Customer exceeds the Usage Cap or demonstrates business or abusive usage patterns, AXVOICE will charge this account as if it were a business customer
1.2.2 Small Business Use of Service and Device - Prohibition on Resale. If you have subscribed to AXVOICE's Small Business services, the Service and Device are provided to you as a small 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 AXVOICE Small Business Plans are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. AXVOICE reserves the right to immediately terminate or modify the Service, if AXVOICE determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities, in accordance with Applicable Law regarding such terminations.
1.2.3 Bundled Service: You acknowledge and agree that the Services are offered on a bundled basis (including local, toll, long distance and international service) and cannot be separated. I acknowledge that these services (local, toll, and long distance) are not available individually and that in order to maintain each of the services in the bundle, one must maintain the others on the same service line. Should you wish to change any of these service providers from AXVOICE, You will terminate your Service with AXVOICE.
1.2.4 Equipment Non-Return Fee : You will be charged an equipment non-return fee of $39.99 per Device obtained from AXVOICE upon termination of Service for any reason regardless of if such termination is by AXVOICE or you. The equipment non-return fee becomes due and payable immediately upon termination and will be billed directly to your credit card. If you have multiple Devices, you will be charged an equipment non-return fee of $39.99 per Device for each Device belonging to AXVOICE in your possession To receive a credit for the equipment non-return fee, you must return the Device(s) undamaged and in original condition within ten (10) days of termination. AXVOICE will not credit you if the Device(s) is damaged or not in its original condition as received by you. In the event you disconnect multiple lines, AXVOICE will issue you a credit for all equipment non-return fees upon receipt of all Devices (e.g., Multimedia Terminal Adapters, etc.) in accordance with this Section. Further, AXVOICE reserves the right to charge you for any power cables, network cables or other incidental equipment (Equipment) provided to you in addition to the Device should such Equipment not be returned.
1.3 Lawful Use of Service and Device
1.3.1 Prohibited Uses: You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in AXVOICE's sole judgment the transmission, receipt or possession of such communication would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. AXVOICE reserves the right to terminate your service immediately and without advance notice if AXVOICE, in its sole discretion, believes that you have violated the above restrictions, or any Applicable Tariff term, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus an equipment non-return fee, all of which immediately become due and payable, as may be permitted under Applicable Law. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless AXVOICE against any and all liability for any such use that fails to comply with this Section 1.3.1. If AXVOICE, in its sole discretion believes that you have violated the above restrictions, AXVOICE may forward the objectionable material, as well as your communications with AXVOICE and your personally identifiable information to the appropriate authorities for investigation and prosecution.
1.3.2 Use of Service and Device by Customers Outside the United States : While we encourage use of the Service within the United States to other countries, AXVOICE does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you. Transport or sale of the Device outside of the United States may result in a violation of US or foreign technology import/export laws or rules; compliance with which is your sole responsibility.
1.4 Loss of Service Due to Power Failure: You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply to your Device or at any point in your transmission path, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment including your Device or any connecting equipment in your transmission path prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including any 911 calling feature that may be activated in or accessed by your Service.
1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software: The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials provided or offered by AXVOICE and on AXVOICE's website(s) are protected by trademark, copyright 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 AXVOICE are and shall remain the exclusive property of AXVOICE and nothing in this Agreement shall grant you the right to 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 Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by AXVOICE, which AXVOICE reserves the right to prohibit in particular cases or generally, 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 AXVOICE against any and all liability arising out of your use of such interface device with the Service.
1.6 Tampering with the Device: You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from AXVOICE in each instance. Doing so shall constitute a violation of this Agreement.
1.7 Theft of Service: You agree to notify AXVOICE immediately, by calling the AXVOICE customer service line, if the Device or Service is stolen or if you suspect or become aware at any time that your Service is being stolen or fraudulently used. You will be liable for all use of the Service using a Device or Access Code stolen from you and any and all stolen Service or fraudulent use of the Service until AXVOICE is informed of the theft.
1.8 Delivery or Warranty of Device; Ownership of the Device: If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact AXVOICE's customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. Please refer to the AXVOICE warranty materials included in the packaging of your Device(s). If Customer purchased the Device new from AXVOICE and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from AXVOICE at the time of purchase, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect. You understand that any Device provided by AXVOICE for use with the Service is and remains the exclusive property of AXVOICE unless purchased in full by you. Nothing in these terms should be construed to confer any title, rights of ownership, or other property rights onto you, the Customer.
1.9 Number Transfer on Service Termination: AXVOICE may, solely at the Company's discretion, release the telephone number that was ported in to AXVOICE by you and used in connection with your Service provisioned by AXVOICE to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) you request the transfer upon terminating your account.
1.10 Service Distinctions: You acknowledge and understand that the Service has different technical limitations than a traditional telephone service. Technical differences exist between traditional telephone service and this Service offering provided by AXVOICE. The Service may be subject to different regulatory treatment than traditional or wireline phone service. This treatment may limit or otherwise affect your rights and responsibilities before Federal and State regulatory agencies.
2. EMERGENCY SERVICES- 911 DIALING
2.1 Differences in Availability and Operation of Emergency Dialing Service ("911" or "E911"): You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber or wireline telecommunications support for traditional 911 or E911 access to emergency services. The 911/E911 Services offered by the Company in conjunction with these services are available only on AXVOICE-provided or other approved Devices as described herein, and only in specific areas, as specified by the Company, but you acknowledge and understand that 911-type dialing is NOT automatic. When ordering the service, you must separately activate such 911-type dialing capabilities by specifically requesting them at the time of service activation or thereafter, subject to AXVOICE, governmental and/or industry technical approval, availability and restrictions, with specific confirmation from AXVOICE, as described herein. Such request must contain specific information as requested, and as may be modified by AXVOICE in its sole discretion from time to time, and must be accompanied by your acceptance of the specific term, conditions and responsibilities attendant thereto, including but not limited to maintenance and communication to AXVOICE in advance of any changes in information relating to the physical location for which the 911-type capabilities may be activated, and/or authorized login, passwords and authorized users on the account.
AXVOICE 911 dialing cannot be used in conjunction with any "Soft Phone" ("download") application. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the non-availability of traditional 911 or E911 dialing from your AXVOICE Service and Device(s). If you activate AXVOICE 911-type dialing service, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the important differences and limitations of AXVOICE 911 dialing service as compared with traditional 911 or E911 dialing, as set forth in this Agreement, including without limitation the conspicuous posting on the device of any caution or warning materials as may be appropriate, and you agree to make reasonable efforts and use reasonable judgment in informing them of the proper and specific operation and requirements of the Service, if available, and/or to restrict third parties' access to the Service for any purpose.
2.2 Description of 911-Type Dialing Capabilities - Activation Required: You acknowledge and understand that 911-type dialing is NOT automatic. You acknowledge and understand that you cannot dial 911 from this line unless and until you have received a confirming email regarding service activation generally and a primary number assignment associated with the geographic location you have provided and agree to maintain. Once you have received a confirming email that such limited 911 dialing has been successfully activated according tot his Agreement and any amendments hereto that may be posted from time to time on the AXVOICE website, you may dial 911 as needed, provided that all other Service requirements, including but not limited to, power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart that may cause a reassignment by your internet service provider of a different session-based internet address), and Service login are activated, operational and uninterrupted for the entire duration of the call. When you dial 911 from your designated physical location, your call is routed from the AXVOICE network to the Public Safety Answering Point (PSAP) or to local emergency service personnel designated for the address that you listed at the time of activation and confirmation. AXVOICE can only route 911-type calls within certain geographic areas, from AXVOICE-provided devices and IP phone primary number assignments designated by AXVOICE as geographically appropriate, as locations within such areas may be confirmed by AXVOICE upon service activation. You acknowledge and understand that any 911-type calls made from any physical or geographical location other than the physical location designated and associated with the account, regardless where a caller or third party desires or requires emergency assistance, will fail. WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING AXVOICE VOIP SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER THE PUBLIC SAFETY ANSWERING POINT (PSAP) OR WILL BE LOCAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE.
As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Note, in particular, that certain features of "E911" may not be available in your area or technically feasible via this Service. While certain call-back capabilities, if they are available, may function on this Service, any interruption before, during or after any call -- in power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart that may cause a reassignment by your internet service provider of a different session-based internet address), or Service login may cause these features to fail.
2.3 Service Outage:
2.3.1 Power Outage: You acknowledge and understand that 911 dialing, like the Service as a whole, does not function in the event of a power failure. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment, connections or logins, prior to utilizing the Service or 911 dialing.
2.3.2 Broadband Service Outage: You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service including 911 dialing. Even a brief interruption in your broadband internet connection may cause the Service and 911 calling to fail until Customer resets or reconfigures equipment, connections or logins.
2.3.3 Service Outage Due to Suspension of Your Account: You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing.
2.3.4 Other Service Outages: You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
2.3.4 Other Service Outages: You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
2.4 Requires Activation: You acknowledge and understand that 911 dialing does not function unless you have successfully activated the 911dialing feature on your account, and until such later date that such activation has been confirmed to you through a confirming email, and until you have carefully reviewed the email and, if indicated, have responded to any informational errors or discrepancies in such email, and, if applicable, such errors, if any, are corrected and the corrections confirmed in writing by AXVOICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU CANNOT DIAL 911 FROM THIS LINE UNLESS AND UNTIL YOU HAVE RECEIVED A CONFIRMING EMAIL. You agree to carefully review the confirmation email for any errors in your account information, and understand and acknowledge that AXVOICE relies exclusively on you to provide and review the correct information for providing your Service.
2.5 Failure to Designate the Correct Physical Address When Activating 911 Dialing: IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR AXVOICE EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.
2.6 Requires Re-Activation if You Change Your Number: You acknowledge and understand that 911 dialing does not function if you change your phone number unless and until you have successfully activated the 911 dialing feature following the instructions from service provider, and until such later date that such activation has been confirmed to you through a confirming email. Although you may have activated 911 dialing with your former AXVOICE phone number, you must separately activate 911 dialing for any new number.
2.7 Change of Physical Location of Equipment: 911 DIALING WILL NOT FUNCTION CORRECTLY IF YOU MOVE YOUR AXVOICE EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. IN SUCH EVENT, IN ORDER TO HAVE 911 CALLING ROUTED CORRECTLY, YOU MUST UPDATE YOUR SERVICE ADDRESS IN ACCORDANCE WITH THE INSTRUCTIONS ON THE AXVOICE VOIP SERVICE WEBSITE.
2.8 Requires Re-Activation if You Move: You acknowledge and understand that 911 dialing does not function properly or at all if you move or change the physical location of your equipment to a different street address. Failure to provide the current and correct physical address and location of your AXVOICE equipment will result in any 911 dialing you may make being routed to the incorrect local emergency service provider
2.9 Possibility of Network Congestion and/or Reduced Speed for Routing 911: Due to the manner in which it is technically possible to provide the 911 dialing feature for AXVOICE VoIP Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing your equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that your call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the public safety answering point (PSAP) or will be local emergency service personnel designated for the address you listed at the time you registered for the service. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
2.10 Automated Number Identification: At this time in the technical development of AXVOICE 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. AXVOICE's system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
2.11 Automated Location Identification: At this time in the technical development of AXVOICE 911 Dialing, it may not be possible to transmit identification of your service address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You acknowledge and understand that you may need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel may not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location, and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
2.12 Alternative 911 Arrangements: YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE. YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL E911 SERVICES.
2.13 No compatibility with other equipment: All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices, are not compatible with the Service. By accepting this Agreement, you waive any claim against AXVOICE for interference with or disruption of such systems due to the Services
3. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
3.1 Limitation of Liability: AXVOICE shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1.) act or omission of an underlying carrier, service provider, vendor or other third party; 2.) equipment, network or facility failure; 3.) equipment, network or facility upgrade or modification; 4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 5.) equipment, network or facility shortage; 6.) equipment or facility relocation; 7.) service, equipment, network or facility failure caused by the loss of power to Customer; or 8.) any other cause that is beyond AXVOICE's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. AXVOICE's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.
this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not AXVOICE was informed of the likelihood of any particular type of damages.
3.3 Indemnification: Customer agrees to defend, indemnify, and hold harmless AXVOICE, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911 dialing, or the Device. This paragraph shall survive termination of this Agreement.
3.4 No Warranties on Service: AXVOICE makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. AXVOICE does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither AXVOICE nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to AXVOICE's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of AXVOICE's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by AXVOICE or AXVOICE's agents or installers are informational and are not given as a warranty of any kind.
3.4 No Warranties on Service: AXVOICE makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. AXVOICE does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither AXVOICE nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to AXVOICE's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of AXVOICE's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by AXVOICE or AXVOICE's agents or installers are informational and are not given as a warranty of any kind. 3.6 Content: You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. AXVOICE reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if AXVOICE determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with AXVOICE's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. AXVOICE's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold AXVOICE against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
4. GOVERNING LAW / RESOLUTION OF DISPUTES
4.1 Mandatory Arbitration: Any dispute or claim between Customer and AXVOICE arising out of or relating to the Service or Device 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 parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
4.2 Governing Law: The Agreement and the relationship between you and AXVOICE shall be governed by the laws of the New York without regard to its conflict of law provisions. You and AXVOICE agree to submit to the personal and exclusive jurisdiction of the courts located within New York. The failure of AXVOICE to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You 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 the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
5. CONTRACT TERMS
5.1 The customers are suject to a six month or one year commitment as specified/advertised on the website at the time of signup. This does not apply to Bring Your Own Device (BYOD) customers who have a monthly renewal plan.
5.2 Yearly prepay plan cannot be combined with any other promotional offer and is subject to restrictions and limitations. Offer is valid for new accounts/customers only who must not have been a customer with in the past 60 days.
5.3 In the event of renewal after cancellation or termination of Service, the customer will be subject to the pricing, warranties and terms of service as are effective at the time of such renewal.
6. SERVICE CANCELLATION TERMS
6.1 For cancellation the customer must inform via email or phone at least 7 days prior to their billing cycle.
6.2 Non-usage of service does not constitute the cancellation of an account/service. All cancellation requests must be submitted in the form of an email to customer service.
6.3 If the customer cancels after Money Back Guarantee period, but within first twelve months, Axvoice charges a termination fee of $39.99 per line.
8. 15 DAY MONEY BACK GUARANTEE TERMS
- You must cancel your service within 15 days of the activation of your account.
- Your monthly service fee and phone adapter (if you purchased from us) charges are refundable.
- Activation and Shipping fees are non-refundable.
- You must not exceed 200 minutes of usage in the first 15 days of service.
- If you exceed 200 minutes, you will not be refunded for the first month of service.
- You are responsible for any charges for overage, international or directory assistance calls.
- All returned equipment must be in the original packaging with the UPC or bar code intact within 10 days of cancellation or the cancellation charge will not be credited.
- All components including the Axvoice phone adapter, cables, manuals etc. must be included for return.
- You are responsible for paying return shipping.
- The Money Back Guarantee will not be issued if you fail to meet these requirements.
- This warranty does not apply to BYOD option.
9. CHARGES AND PAYMENTS
End User is to pay all charges invoiced to the End User's account including, but not limited to, initiation fees, activation fees, monthly service fees, equipment charges, toll charges and any other applicable charges. All invoices are due upon receipt. End User authorizes Axvoice to periodically charge the current credit card account number provided by the End User ("Credit Card") for all charges accrued during the applicable billing cycles for the duration of the Term. Axvoice reserves the right to bill at more frequent intervals if the amount End User owes to Axvoice exceeds $50. In addition to any other remedies available under law, if any charges are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, Axvoice may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Axvoice. No termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder. Monthly service fees are paid in advance of each month's service, toll charges and any other applicable charges are billed at the end of each month's service. Monthly service fees are initiated at the earlier of i.) the End User's activation of the Services or ii.) 30 days after the End User's purchase of the Services and are prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.
Axvoice reserves the right, at its sole discretion, to suspend, terminate or change the Services without advance notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, Axvoice, Axvoice's network or other end user's use of the Services. Axvoice reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that Axvoice's determination is final and binding on End User. Axvoice may require an activation fee to change or resume terminated or suspended Services.
11. COMMERCIAL USE
End User agrees that the use of the Service and/or Equipment for activities other than personal, residential use will obligate the End User to pay Axvoice higher rates for business services for all periods of such use, including past periods, in which End User used the Service for commercial or governmental purposes. Axvoice reserves the right to immediately terminate or modify the Service, if Axvoice determines, in its sole discretion, that End User's use of the Service is for non-residential or commercial use.
Axvoice is committed to respecting an End User's privacy. Once the End User chooses to provide personally identifiable information, it will only be used in the context of you're the End User's relationship with Axvoice. Axvoice will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or End User's prior permission is obtained, Axvoice will only share the personal data the End User provides with other Axvoice entities and/or business partners who are acting on Axvoice's behalf to complete the activities described herein. Such Axvoice entities and/or national or international business partners are governed by Axvoice's privacy policies with respect to the use of this data. As a publicly traded company, Axvoice is required to file numerous reports with different administrative bodies. As such, Axvoice may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, Axvoice reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Axvoice or any company affiliated with Axvoice. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Axvoice may disclose personally identifiable information.
13. CHANGES; NOTICES
Except where expressly prohibited by law, the Customer agrees to accept notices to this agreement electronically, either by email or by web site posting. Notices to Customer of any changes to these "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the AXVOICE VoIP Services Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the AXVOICE Web Site and no further notice by AXVOICE is required.
14. ENTIRE AGREEMENT.
This Agreement, the accompanying work order, any Terms of Services or other rules now or hereafter specified by AXVOICE for the Service, public disclosures and/or any applicable tariff(s) on file with the applicable state utility commission or FCC shall constitute the entire agreement between AXVOICE and Customer with respect to the subject matter hereof, and supersedes all previous written agreements between AXVOICE and Customer with respect to the services provided hereunder. Acceptance of the Service shall constitute acceptance of the terms and conditions herein.