Last Updated: December 18, 2017
These Mobile Terms and Conditions for the Mobile Softphone (“101VOICE Mobile Softphone”) are incorporated into, and constitute an essential part of the Master Services Agreement for VoIP (the “Service Agreement” and together with these Terms and Conditions, the “Agreement”) between Customer and IT Management Corp. d/b/a 101Voice. Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Agreement. 101VOICE and Customer may be referred to herein individually as a “Party” and collectively as the “Parties.”
Any Services related to the use of 101VOICE Mobile Softphone provided by 101VOICE to Customer shall be governed by the terms and conditions herein. By downloading the 101VOICE Mobile Softphone software (“Software”) and purchasing the Services, CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
911 & SERVICE LIMITATIONS
The Services do not provide 911 services. 911 calls will continue to be routed by your existing mobile provider.
101VOICE offers a thirty (30) day trial period (“Trial Period”) to new Customers for their first 101VOICE Mobile Softphone account. The Trial Period commences upon the purchase of Services by Customer on the 101VOICE web site (http://www.101VOICE.com) or purchase of Software from a retailer. If Customer is not satisfied with the Services during the Trial Period, Customer may obtain a refund of the Software cost, activation fee, and monthly service fee. Applicable taxes will be refunded to the extent allowed by law. Charges for calling minutes will not be refunded. Shipping charges will not be refunded. To obtain a refund, Customer must notify 101VOICE within thirty (30) days of purchase of the Services on the web site and obtain a return material authorization number from 101VOICE. Retail customers will be required to return the Software to the place of purchase within thirty (30) days (or such shorter period as set forth in the retail outlet’s return policy) of purchase to receive any refund.
101VOICE may change the prices for the Services and toll charges from time to time. 101VOICE may change prices, plans, taxes or fees without any advance notice. In the event of a change in prices or toll charges, 101VOICE will post such changed rates to the web site currently located at http://www.101VOICE.com. International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates.
Customer acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances for interruption of the Services shall not be provided.
From time to time in its sole discretion, 101VOICE may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by Customer upon purchase of the Services. Customer shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
Customer must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by 101VOICE or Customer waives any objection and further recourse. Written statements disputing charges must be sent to: Billing Department ofIT Management Corp. d/b/a 101VOICE,5201 Great America Parkway Suite 320 Santa Clara, California 95054.
Every call to or from equipment using the Services that originate or terminate in the Public Switched Telephone Network (“PSTN”), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States to a non-101VOICE phone number will be charged at the current rates published on the 101VOICE web site at http://www.101VOICE.com. The duration of each call is to be calculated in one-minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When Customer dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by an Customer to an International mobile, rather than landline, or information services or premium rate telephone number may result in higher toll charges. These toll charges are listed on the 101VOICE.com website.
Any use of the Services or any other action that causes a disruption in the network integrity of 101VOICE or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of 101VOICE. Customer understands that neither 101VOICE nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. Customer agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the network. Customer agrees and represents that it is purchasing the Services and/or the Software for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of 101VOICE.
RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF CUSTOMER COMMUNICATIONS
Customers are solely responsible for maintaining the confidentiality of Customer password and account, and agree not to transfer email address or password, or lend or otherwise transfer use of or access to the 101VOICE Service, to any third party. Customers are also solely responsible for any and all activities that occur under Customer account. Customer agree to immediately notify 101VOICE of any unauthorized use of Customer account or any other breach of security related to Customer account or the 101VOICE Service, and to ensure that Customer “log off”/exit from Customer account (if applicable) at the end of each session. 101VOICE is not liable for any loss or damage arising from Customer failure to comply with any of the foregoing obligations. In consideration for using the 101VOICE Service, Customer agrees to: (1) provide certain current, complete, and accurate information about Customer when prompted to do so by the 101VOICE Service, and (2) maintain and update this information as required to keep it current, complete and accurate. Customer agrees that any such information shall be accurate. Customer agrees that Customer are solely responsible for the content of all visual, written or audible communications (“Content”) sent by Customer or displayed or uploaded by Customer in using the Services. Customer agrees that Customer will not use the Services to send unsolicited commercial e-mail outside Customer company or organization in violation of applicable law. Customer further agrees not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Recognizing the global nature of the Internet, Customer also agree to comply with applicable local rules or codes of conduct (including codes imposed by Customer employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which Customer reside. 101VOICE reserves the right to investigate and take appropriate action against anyone who, in 101VOICE’s sole discretion, is suspected of violating this provision, including without limitation, reporting Customer to law enforcement authorities. Use of the Services is void where prohibited. Although 101VOICE is not responsible for any such communications, 101VOICE may delete any such communications of which 101VOICE becomes aware, at any time without notice to Customer. Customer retains copyright and any other rights already held in Content whichCustomer submits, posts or displays on or through, the Services. Customer understands and agrees that by displaying, exchanging or uploading Content to a 101VOICE website, transmitting Content using the Services or otherwise providing Content to 101VOICE, Customer automatically grant (and warrant and represent Customer have a right to grant) to 101VOICE a world-wide, royalty-free, sublicensable (so 101VOICE affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services.
CELLULAR AIR TIME / TOLL CHARGES / ROAMING FEES / INTERNATIONAL USE
Customer acknowledges and understands that 101VOICE Mobile Softphone calls are connected to the 101VOICE network via a regular cellular phone call of your existing mobile service provider’s network. All charges, air time, toll charges, roaming fees otherwise charged by your mobile phone service provider will be collected, in addition to the toll charges owed to 101VOICE. Use of 101VOICE Mobile Softphone outside of the United States will incur international roaming and toll charges from your mobile phone service provider according to your current plan in addition to the 101VOICE Mobile Softphone toll charges.
CHANGES TO THE AGREEMENT, SERVICES OR PLAN
101VOICE reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan (a “Change of Service”). In the event of a Change of Service, 101VOICE will post to the Web Site currently located at Terms and Conditions. Notice will be considered received by Customers and such changes will become binding to Customers, on the date the changes are posted to the Web Site (“Change Date”), and no additional notice will be required. If Customer does not send 101VOICE notification of their desire to terminate this agreement or uses the Service after the Change Date, Customer is deemed to have accepted and consented to the change of terms and conditions of the Service. If Customer does not consent to the change of service and terminates this agreement, Customer will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. Customer may request a Plan change at any time, subject to any applicable change of service fee and additional terms and conditions. The Plan change will take effect in the first month after the Plan is changed. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
101VOICE provides technical support to Customers via telephone and e-mail for the Services and Software provided hereunder. Support for other applications and uses is not provided or implied.
Customer agrees to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Services. Customer agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.
PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE
Upon expiration, cancellation or termination of the Services, Customer shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to Customer by 101VOICE or its vendors.
The Software and any additional software used by 101VOICE to provide the Services are protected by copyright law and international treaty provisions. Customer may not copy the Software or any portion of it. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise attempt to replicate the Software.