This Terms and Conditions Agreement (“Agreement”) governs the use of Radvox LLC VoIP services by Customer (“Customer”).
Operation and Limitations of the Radvox 911/E-911 Service
Disclaimer of Liability for Emergency Call Response
You acknowledge and agree that your use, and use by your employees and/or guests or other third parties, of Radvox’s 911 Services are subject to the limitations described herein.
AVAILABILITY OF 911/EMERGENCY DIALING SERVICES
In compliance with the Federal Communications Commission (FCC) WC Docket No. 05-196, Radvox LLC hereby advises all current Radvox customers that enhanced E911/911 calling services are available at this time, but may not be available in all service areas and may not function the same as traditional 911 Services. Radvox provides access to emergency calling services, allowing users to access either basic 911 or Enhanced 911 (E911) service. Your access may differ depending on your location or the device you are using, and emergency calling services work differently than you may have experienced using traditional wireline or wireless telephones. 911 services are provided on a best-effort basis. It is strongly recommended that you have an alternative means for placing emergency calls available at all times. EMERGENCY CALLS CANNOT BE PLACED THROUGH SOFTPHONES THAT ARE NOT 911-ENABLED.
HOW IT WORKS
We contract with a third party to use the address of your Registered Location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator may or may not have your address and may not have your phone number. You must therefore be prepared to provide your address and phone number in order to get help. If you are unable to speak, the emergency operator may not be able to send help to your location and/or call you back should the call be disconnected. Radvox does not control whether or not the emergency operator receives your telephone number and Registered Address. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your Registered Location.
Emergency dialing with VoIP works differently than emergency dialing over traditional phone service. In some cases, 911 calls dialed from your office device cannot be directed to the local emergency response center, and are instead directed to a National Emergency Call Center (the “NECC”). That might happen if there is a problem validating a Registered Address, if the Registered Address is an international location, or if the Registered Address is in an area that is not covered by the landline 911 network. The availability of certain features, such as transmission of a Registered Address or your Radvox telephone number, depends on whether local emergency response centers support those features, and are factors outside of Radvox’s control. 911 calls that are directed to the NECC may not include your telephone number or your Registered Address. Trained operators at the NECC will request your name, location, and telephone number and attempt to reach emergency responders in your local area. Until you give the operator your phone number, and location, he/she may not be able to call you back or dispatch help to your location if the call is dropped or disconnected. Radvox does not have control over local emergency response centers, the NECC, emergency responders, or other third parties. Radvox disclaims all responsibility for the conduct of local emergency response centers, the NECC and all other third parties involved in the provision of emergency response services. Accordingly, to the extent permitted by applicable Law you hereby release, discharge, and hold harmless Radvox from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 911 call. You agree to indemnify and hold harmless Radvox, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of: (i) Your provision to Radvox of incorrect information, including physical addresses, or your failure to update Your Registered Address; (ii) Your failure to properly notify any person who may place calls using the Radvox Services of the 911 limitations; or (iii) the absence, failure, or outage of emergency service dialing using the Radvox Services for any reason; and (iv) the inability of any user of the Radvox Services to be able to dial 911 or access emergency service personnel for any reason.
911 SERVICEABLE AREAS
911 Services are available only within the Continental United States and Canada. Radvox routes 911 calls originating in the United States via 10-digit routing to PSAPs (Public Safety Answering Points) as well as via Selective Routers (where available). Selective Routers automatically recognize where a call is originating from based on the CLID (Caller ID) information and deliver the call to the most appropriate local PSAP. Presently, most 911 calls are routed via Selective Routers to the 911 Trunks of the PSAPs (where available). Services are not available in countries other than the Continental U.S. and Canada.
REGISTERING YOUR LOCATION
You agree to register with Radvox immediately upon activation of your account the address of the physical location where you will use the Radvox VoIP service, including each IP Desk Phone and each 911-Enabled Softphone. This is your Registered Address. You agree that you will accurately register each individual line. If you have subscribed to a standard Radvox Service Plan with a phone number, the main phone number on your Radvox account will automatically be registered in the E911/911 database. If you or your end users move a registered device, you agree to immediately update the Registered Address with the new physical location of the device with Radvox via email to moc.xovdar@troppus. You acknowledge that if you do not update the Registered Address, any 911 calls made from the device may be sent to the wrong emergency response center and will not transmit your current location information to emergency responders, delaying emergency assistance to you. It may take up to several hours for the address update to take effect. Customers with more than one line or extension are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained for each IP Desk Phone and each 911-Enabled Softphone, and that their End Users are aware of how the Registered Address can be changed. Customer assumes all responsibility for the accuracy of the information provided to Radvox.
IMPORTANT: You understand that E911 Calls are routed to PSAPs based on the E911 CLID field associated with your phone number. If you change the number that you use for 911 calling, your 911 Services may not be available to you and/or may operate differently than normal. If you change the phone number that you use for 911 calling, you must register the new E911 CLID number and its associated address with Radvox in order to enable 911 capabilities for the number. Failure to do so may result in 911 services not being available to you when using an unregistered phone number. If the 911 call does not complete, it will be automatically routed to a National Emergency Call Center and you will be asked to verify your number and provide your physical location to the operator.There is a $250.00 charge for each 911 call placed from an unregistered phone number on the Radvox network. To register additional numbers or to manage your 911 Registered Location, please contact Radvox at (801) 990-1999. NOTE: If the information that you supply for your Registered Location is incorrect or incomplete, Services may not be available to you. For help with problems updating your E911/911 Registered Location Information please contact Radvox at (801) 990-1999 or moc.xovdar@troppus. Note: It may take up to 72 hours to update your E-911 information.
PSAP LIMITATIONS AND THE HANDLING OF E911/911 CALLS
Presently, Radvox routes E911/911 calls from Registered DIDs to Emergency Services Operators at the various PSAPs (Public Safety Answering Points). You understand that occasionally there may be instances where the limitations of the PSAPs determine the level of E911/911 services that you receive. For instance, E911/911 PSAP operators may or may not be able to access the ALI Database in order to automatically retrieve information pertaining to a registered DID, such as caller name and address, and so in such instances, you may be required to verbally provide this information to the PSAP operator at the time the call is placed. For this reason, Radvox can make no guarantees about the consistency of the E911/911 services, with regard to PSAP operators being able to automatically retrieve and view caller information.
INSTANCES WHERE E911/911 SERVICES MAY NOT BE AVAILABLE
You understand that while the Radvox-provided VOIP service closely approximates traditional 911 services, there may be instances in which the E911/911 Services may function differently from traditional 911 services, or may not be available.
Depending on your location, the type of handsets and other equipment you use, the type of equipment used by the Public Safety Access Point or other applicable emergency services provider, and the circumstances and conditions of a particular call, you may not be connected or your phone number and/or location may not be identifiable to emergency service providers. Emergency 911 service that is compatible with the FCC technical requirements is, nonetheless, not available in all areas, and even in those areas where it is available, it is not entirely reliable. The information available to emergency service providers may also be limited if your number or numbers are in the process of being ported.
Additionally, there may be circumstances in which the E911/911 Services may be delayed or may not be available to you. Such circumstances may include, but are in no way limited to the following:
- Electrical Power Outage and/or Broadband or Internet Service Provider (ISP) outage or unavailability
- Suspension or Termination of Customer’s account(s) or VOIP service(s)
- Relocation of Customer’s VOIP device(s) to an address other than the one given at activation, without updating the E911 Registered Address Location with Radvox
- Unsuitable broadband internet connection such as satellite internet; Malfunction, Failure, and/or Improper Configuration of Subscribers’ VOIP device(s) and/or using an unapproved or unsupported VOIP device(s)
- Deficits or limitations of the PSAP, National Emergency Call Center, Emergency Services Operators or Personnel systems and/or equipment
- Unforeseen network congestion on the PSAP network, Radvox VOIP network, or on Customer's network, or design factors which delay or prohibit Services
- Incorrect Customer-supplied Registered Location Information
- Customer or User tampering with the VOIP device(s), producing changes which prohibit utilization of the E911/911 services
- E911 location updates to the Radvox database will generally be available within forty-eight (48) hours or less. However, Radvox cannot guarantee that this will always be the case, especially if the E911/911 Registered Location Address update provided by customer is lacking and/or incongruent with the parameters of the Radvox customer portal/database and subsequently produces a rejection of the Registered Location Address update
- Any other unspecified circumstances which affect the use of the E911/911 services
Customer understands that the Radvox services are not authorized for use in critical safety or other applications where any failure may reasonably be anticipated to result in bodily injury, loss of life or catastrophic damage to property. You acknowledge that Radvox does not offer alternate primary line or lifeline services. It is strongly recommended that you always have an alternative means of accessing traditional 911 or Emergency Dialing Services.
RADVOX PHONE SERVICES
- The Customer hereby agrees to use Radvox LLC VoIP services (“Services”) as described in the Quote for Services (“Quote”) provided to Customer. Customer understands that the quantity of phones listed in the Quote is flexible, and Customer can add or remove extensions at any time as their business needs change.
- Radvox reserves the right to amend this Agreement at any time.
- Radvox reserves the right to alter pricing in response to any mandated regulatory changes, state, municipal or federal tax rate changes, or associated third party costs of Radvox that alter the feasibility or economics of the Services provided by Radvox hereunder.
- Unless otherwise specified, the term of this Agreement shall commence on the date of execution of the Agreement, and shall continue for the term stated in the Service Agreement. The Billing start date is the actual date that Services are activated by Radvox and available for use by the Customer.
- Month-to-month Service Agreements may be terminated by either party on 30 days written notice.
Radvox will invoice the Customer each month for the Service Charges, Rental Charges, Usage charges, taxes, and any Other Charges. Customer shall pay each invoice in full by the due date. If customer discontinues service or cancels their account for any reason, all outstanding charges will become immediately due. Radvox may charge a late fee of $15, or up to 1.5% per month, of the outstanding balance. Radvox pays taxes and other costs imposed by government authorities in connection with its provision of Services. Radvox may charge the Customer a regulatory fee to recover any such taxes or other costs associated with Services provided to the Customer, regardless of whether Radvox has passed on such taxes or costs in the past. Radvox may increase or decrease the regulatory fee without notice.
LONG DISTANCE AND POOLED MINUTES OF USAGE
Radvox provides several different calling plans, including pay-per-minute plans and Pooled Minute Plans, which include a number of minutes for use by your entire organization. Pooled Minute Plans include calls to US48 and Canada, and do not include calls to International locations, Hawaii or Alaska. Additional minutes will be billed at .01 per minute for additional calls. All International calls, or calls to Hawaii and Alaska are billed at current rates as determined by Radvox. Outbound calls to toll free numbers will not be billed to you, but will count against your pool of minutes.
If the sales quote states an initial term longer than one month and the Customer terminates this agreement for any reason, Customer shall pay an early termination fee equal to all applicable Service Charges through the end of the term.
REASONABLE USE POLICY
The Customer acknowledges that any reference to “Unlimited” minutes refers to Radvox’s practice not to charge users on a per-minute or per-use basis when use is reasonable, and that Radvox does not offer “unlimited” plans for call center operations, fax spamming, or other activities that use an extraordinary amount of connectivity to the public switched telephone network (the “PSTN”). Radvox may limit PSTN connectivity, impose per-minute charges for excessive use, or terminate this agreement if it determines that the Customer’s average per-user PSTN connectivity is unreasonable as compared to the average customer. “Unlimited” calling plans are subject to a fair usage limit of 1,200 minutes per month per extension. Any usage in excess of 1,200 minutes per month will be billed at the normal published per-minute rates.
The Customer’s Network is expected to be optimized for VoIP services, including Business Class broadband internet, firewall and data switches, with QoS capability. If needed, Radvox can provide referrals to qualified network consultants who Customer can contract with for network services.
USING THE INTERNET TO MAKE CALLS
The nature of VoIP services dictates that clear, reliable VoIP calls rely on quality internet connections. Customer understands that VoIP services are provided as best effort over other carrier’s internet connections and that Radvox cannot guarantee service or reliability over other carrier’s networks.
Customer understands that there is a one-time fee charged for porting numbers into the Radvox carrier network. This cost can range from $5 - $10 per number ported.
The Services are for the Customer’s own commercial or governmental use only. Spamming and predictive dialers are strictly prohibited. You agree to use the Service and Equipment only for lawful purposes. Without limitation, you agree not to use the Service or Equipment for transmitting or receiving any communication or material of any kind which in Radvox’s sole judgment the transmission, receipt or possession of such communication or material: (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law (the uses described in clauses (i) and (ii) above are collectively referred to as “Prohibited Uses”). Radvox reserves the right to terminate your service immediately and without advance notice if Radvox has proof that you are reselling the Service, or otherwise using the Service or Equipment for a Prohibited Use. Upon any such termination, you shall continue to be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at Radvox’s discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Equipment by yourself and by any person making use of the Service or Equipment provided to you and agree to indemnify and hold harmless Radvox against any and all liability for any such use. If Radvox has proof that you have used the Service or Equipment for a Prohibited Use, Radvox may forward the objectionable material, as well as your communications with Radvox and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
USE OF SERVICE AND EQUIPMENT BY CUSTOMERS OUTSIDE THE UNITED STATES
While we permit use of the Service within the United States to place and receive calls to and from other countries, Radvox does not presently support the use of Services located in other countries. If you remove the Equipment to a country other than the United States and use the Service from there, you do so at your sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all charges, fees, fines, taxes, regulatory charges or penalties resulting from use of the Service and/or Equipment outside the United States by yourself or any person making use of the Service or Equipment provided to you and agree to indemnify and hold harmless Radvox against any and all liability for any such use. Should the removal from the United States of the Equipment violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless Radvox against any and all liability for such violation. Radvox does not guarantee that the Service or Equipment will operate outside the United States. Radvox does not provide 911 Service outside the United States.
LOSS OF SERVICE DUE TO POWER FAILURE OR INTERNET SERVICE OUTAGE OR TERMINATION OR SUSPENSION BY RADVOX
You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which may not be provided by Radvox) and that, accordingly, in the event of an outage of, or termination of service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures, or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature. Should Radvox suspend or terminate your Service, the Service will not function until such time as Radvox restores your Service (which may require payment of all invoices and reconnection fees owed by you and/or cure of any breach by you of this Agreement).
NO 0+ CALLING; MAY NOT SUPPORT X11 CALLING
Radvox Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). Radvox Service may not support 311, 511 and/or other x11 (other than 911, which is provided for elsewhere in this Agreement) services in one or more (or all) service areas.
SECURITY, PASSWORDS AND TOLL FRAUD
Customer assumes all responsibility for properly protecting and maintaining any passwords used for Services, including voicemail passwords, user portal passwords, softphone passwords, and device passwords. Customer also assumes all responsibility for maintaining proper security practices on their network and in their organization. Customer is responsible for all charges incurred on their device(s), even if those charges were incurred as the result of fraudulent or unauthorized use of Services by any other third-party.
Call recording is an optional service provided by Radvox. Call recordings are provided on a best-effort basis and are not guaranteed. Call recording is regulated at the federal and state levels. Federal call recording laws apply only to interstate or international calls, and state laws govern intrastate calls. Those who unlawfully record a call may face civil suit and criminal prosecution. Laws regarding the recording of telephone calls can be complex, and vary from state to state. Customer assumes full responsibility for any call recordings and agrees to use the service legally. Customer is advised to check with their legal counsel to determine the laws regarding call recording in their jurisdiction. Customer agrees to indemnify and hold harmless Radvox and its employees, owners and contractors against any and all legal claims due to Customer's use of the call recording platform.
SHIPPING OF EQUIPMENT
Risk of loss or damage to equipment during shipment belongs to the shipping party unless the receiving party has requested a different shipping carrier, in which case the receiving party bears the risk. After the equipment arrives at the location specified by the receiving party, the risk of loss or damage belongs to the receiving party.
WARRANTY OF SERVICES, LIMITATION OF LIABILITY AND INDEMNIFICATION
AVAILABILITY OF SERVICES - Radvox makes no warranties or claims, nor guarantees regarding the reliability or availability of the Services. Additionally, Radvox is not liable for any delay or failure to provide the VOIP/E911/911 services including, at any time or from time to time, or any interruption or degradation of voice quality that is caused by, but in no way limited to, any of the following events:
- Act of an underlying carrier, service provider, vendor or other third party
- Equipment, network or facility failure, upgrade, or modification
- Events such as (but not limited to) natural disasters, Acts of God, power outages; strikes; fire; war; riot; government actions
- Equipment, network or facility shortage or relocation
- Service, equipment, network or facility failure caused by loss of power
- Outage of Customer’s ISP or broadband service provider
- Act of Customer or any person using the Service provided to Customer
- Any other cause that is beyond Radvox's direct control, including without limitation a failure of or defect of device, failure of a communication, the inability of communications (including without limitation 411, E911/911, or Fax dialing) to be completed, or degradation of voice quality.
Radvox's liability for any failure or mistake, any claim with respect to Radvox's performance or nonperformance hereunder, or any Radvox act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.
DISCLAIMER OF DAMAGES - In no event shall Radvox's officers, affiliates, directors, employees, or agents or any other service providers who furnishes underlying services in connection with the delivery of Radvox Services be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages, or for any other damages, including, but not limited to loss of life, profit, revenue, data, or any other damages associated with the use or inability to use the Service, including inability to dial fax, 411, 911 or access other emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not Radvox was informed likelihood of any particular type of damages.
INDEMNIFICATION AND LIMITATION OF LIABILITY - By agreeing to these Terms and Conditions, you agree to indemnify, defend, and hold harmless Radvox, its directors, officers, employees, affiliates, agents, partners, technicians, and/or underlying service or database providers, from any and all direct, indirect, consequential, or special losses, damages or claims of any kind (including, but not limited to, attorney fees, third party claims, loss of life, loss of business or profits, loss of customers, and/or damage to reputation or goodwill) sustained by you, household family members, colleagues, coworkers, employees, partners and/or affiliates, and end, circumstantial, or third party users of the Service, due to or resulting from any failure in or breakdown of the Service, use of or inability to use the Service, facilities, or systems associated with providing the Service, or for any delay, interruption or degradation of the Services, a force majeure event, or any other third-party cause, whether the claim is founded in breach of contract, breach of warranty, negligence or any other theory of liability.
NO WARRANTIES ON SERVICE - Radvox makes no warranties (express or implied and without limitation), any implied warranties of merchantability, fitness of the Services for a particular purpose, title or non-infringement or any warranty arising by usage or trade, course, or dealing or course of performance or any warranty that the Services will meet your expectations or requirements. Without limiting the foregoing, Radvox does not warrant that the Service will be without failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither Radvox nor its officers, directors, employees, affiliates, agents or any other service provider or vendor who furnishes services or products which are used to deliver the Services, will be liable for unauthorized access to Radvox's or Customer's or Vendor's transmission facilities or premise equipment for unauthorized access to or alternation, theft, or destruction of your data files, information, programs, procedures, software or hardware through accident, fraudulent means or any other method, regardless of whether such damage occurs as a result of Radvox or its underlying service providers' or vendors' negligence. Statements and descriptions concerning the Service, if any, by Radvox or Radvox's employees, agents, installers or technicians are informational and are not given as warranty.
Radvox hereby assigns to the Customer all rights it has under any manufacturer’s warranty for equipment it sells to the Customer. Radvox may assist the Customer in obtaining replacement or service under the manufacturer’s warranty.
WAIVER OF TRIAL BY JURY
Both Parties hereby knowingly, irrevocably, and voluntarily and intentionally waive any rights to a trial by jury in respect of any action, proceeding, or counterclaim based on this Agreement or the Radvox Service(s), or any course of conduct, course of dealing, statements (verbal or written), or action of any Party hereto. This provision is a material inducement for Radvox and the Customer entering into the subject transaction. You understand that this Section constitutes a waiver of any right to a trial by jury.
The Agreement and the relationship between you and Radvox shall be governed by the laws of the State of Utah, without regard to conflict of law provisions. If court action is initiated to enforce an arbitration award or for any other reason, you and Radvox agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Utah, with venue in Salt Lake City, and hereby waive any objection as to venue. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 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 ever legally declared invalid, 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.
This Agreement is personal to the Parties and may not be assigned or transferred by either Party without the prior written consent of the other Party which consent shall not be unreasonably withheld; except that Radvox may assign this Agreement without consent to any affiliated entity or to any successor in interest whether by merger, reorganization or transfer of all or substantially all of its assets or otherwise. Except as provided herein, any assignment in contravention of the above shall be void and ineffective.
WAIVER OF RIGHTS
Failure to enforce a right or provision under this agreement shall not constitute a waiver of that right or provision.
Radvox Service utilizes the public Internet and various third party networks to transmit voice communications. Radvox is not liable for any invasion of privacy experienced by Customer with regard to the Service.
This Agreement, any Rate Schedule and applicable Services Quote paperwork signed by the Parties constitutes the entire agreement between the Parties and governs your use of the Service. This entire agreement supersedes any prior agreements between the Parties and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Radvox unless and until signed by an owner or officer of Radvox. Radvox may modify this agreement by posting revised terms online at radvox.com/tos, without additional notice to the Customer.
ACCEPTANCE OF DIGITAL SIGNATURES
BY SIGNING THE RADVOX SERVICES QUOTE, I ACKNOWLEDGE THAT I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS & CONDITIONS DOCUMENT. I UNDERSTAND THAT MY DIGITAL OR WRITTEN SIGNATURE ON THE RADVOX SERVICES QUOTE SERVES AS MY ACCEPTANCE OF THE RADVOX TERMS AND CONDITIONS AS OUTLINED IN THIS DOCUMENT.