These
Terms and Conditions for use constitute the agreement (“Agreement”)
between Future Voice, LLC (“we,” “us” or “Voyze”)
and the user (“you,” “user” or “Customer”)
of enhanced Residential communications services or enhanced Small Business
communications services and any related products or services (“Service”).
This Agreement governs both the Service and any devices, such as an
IP phone, Voyze Terminal Adapter, Analog Telephone Adapter or any other
IP connection device (“Device” or “Equipment”),
used in conjunction with the Service. By activating the Service, you
acknowledge that you have read and understood, and you agree, to the
terms and conditions of this Agreement, and you represent that you are
of legal age to enter this Agreement and become bound by its terms.
1. SERVICE
1.1 Term
Service
is offered on a monthly basis for a term that begins on the date that
Voyze activates your Service and ends on the day before the same date
in the following month. Subsequent terms of this Agreement automatically
renew on a monthly basis without further action by you unless you give
Voyze written notice of non-renewal at least ten [10] days before the
end of the monthly term in which the notice is given. You are purchasing
the Service for full monthly terms, meaning that if you attempt to 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,
including without limitation unbilled charges, plus a cancellation fee
(and disconnect fee when applies), all of which immediately become due
and payable. Expiration of the term or termination of Service does not
excuse the Customer from paying all unpaid, accrued charges due in relation
to the Agreement.
1.1.1 Residential Use of Service and Device
You have subscribed to Voyze’s Residential services and the Service
and Device are provided to you 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, including but not limited to home office,
business, sales, tele-commuting, tele-marketing (including without limitation
charitable or political solicitation or polling), autodialing, continuous
or extensive call forwarding, fax broadcast, fax blasting or any other
activity that would be inconsistent with normal residential usage patterns.
This also means that you are not to resell or transfer the Service or
the Device to any other person for any purpose, or make any charge for
the use of the Service, without express written permission from Voyze
in advance. You agree that your use of the Service and/or Device, or
the use of the Service and/or Device provided to you by any other person
for any commercial or governmental purpose will obligate you to pay
Voyze’s higher rates for commercial service on account of all
periods, including past periods, in which you use, or used, the Service
for commercial or governmental purposes. Voyze reserves the right to
immediately terminate or modify the Service, if Voyze determines, in
its sole discretion, that Customer’s Service is being used for
non-residential or commercial use.
1.2 Lawful Use of Service and Device
1.2.1 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 Voyze’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. Voyze reserves the right
to terminate your service immediately and without advance notice if
Voyze, in its sole discretion, believes that you have violated the above
restrictions, leaving you 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. 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 Voyze against any and all
liability for any such use that fails to comply with this Section 1.3.1.
If Voyze, in its sole discretion believes that you have violated the
above restrictions, Voyze may forward the objectionable material, as
well as your communications with Voyze and your personally identifiable
information to the appropriate authorities for investigation and prosecution.
1.2.2 Use of Service and Device by Customers Outside the United
States:
While we encourage use of the Service within and outside the United
States 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 and agree to indemnify and
hold harmless Voyze against any and all liability for any such use.
In addition, the terms of service and any service plan may exclude calls
to cellular phones in non-US jurisdictions.
1.3 Loss of Service Due to Power Failure or Internet Service
Outage or Termination or Suspension or Termination by Voyze
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, the Service will not function until power is restored. You also
acknowledge and understand that the Service requires a fully functional
broadband connection to the Internet (which is not provided by Voyze)
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 or Voyze
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. Should Voyze suspend or terminate
your Service, the Service will not function until such time as Voyze
restores your Service (which may require payment of all invoices and
reconnection fees owed by you or cure of any breach by you of this Agreement).
1.4 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 on Voyze’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 Voyze are and shall remain the exclusive property of Voyze and nothing
in this Agreement shall grant you the right or license to use such marks.
You acknowledge that you are not given any license to use the firmware
or software used to provide the Service or provided to 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 Voyze, which Voyze 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 Voyze against any and all liability
arising out of your use of such interface device with the Service. You
shall not reverse compile, disassemble or reverse engineer or otherwise
attempt to derive the source code from the binary code of the firmware
or software.
1.5 Tampering with the Device or Service
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 Voyze in each instance. Voyze reserves the right
to terminate your Service should you tamper with the Device, leaving
you 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. You
agree not to hack or disrupt the service or to make any use of the Service
that is inconsistent with its intended purpose or to attempt to do so.
1.6 Theft of Service
You agree to notify Voyze immediately, in writing or by calling the
Voyze customer support line, if the Device is stolen or if you become
aware at any time that your Service is being stolen or fraudulently
used. When you call or write, you must provide your account number and
a detailed description of the circumstances of the Device theft or fraudulent
use of Service. Failure to do so in a timely manner may result in the
termination of your Service and additional charges to you. You will
be liable for all use of the Service using a Device stolen from you
and any and all stolen Service or fraudulent use of the Service. You
agree not to hack or disrupt the service or to make any use of the Service
that is inconsistent with its intended purpose or to attempt to do so.
1.7 Return of Device
The Device may be returned to Voyze within fourteen (14) days of the
termination of service to receive a credit for the $49.99 disconnect
fee (refer to section 4.6 of this document regarding termination fees),
provided: (i) you have retained, and return along with the Device, proof
of purchase and original packaging; (ii) contents are undamaged and
in original condition, reasonable wear and tear excluded; (iii) all
parts, accessories, documentation and packaging materials are returned;
and (iv) equipment is returned with a valid return authorization number
obtained from Voyze’s customer care department. You are responsible
for the cost and risk of return shipping of equipment. 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
Voyze’s customer care department immediately. Warranty coverage
varies depending on the type of Device that Customer chooses. Please
refer to the Voyze warranty materials included in the packaging of your
Device(s).
1.8 Number Transfer on Service Termination
Upon termination of services Voyze may, in its sole discretion, release
the telephone number that was ported in to Voyze by you and used in
connection with your Service provisioned by Voyze 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; (ii) your Voyze account is completely current including
payment for all charges and disconnect fees; and (iii) you request the
transfer upon terminating your account.
1.9 Service Distinctions
You acknowledge and understand that the Service is not a telephone service.
Important distinctions exist between telephone service and the enhanced
Service offering provided by Voyze. The Service is subject to different
regulatory treatment than phone service. This treatment may limit or
otherwise affect your rights of redress before Federal and State telecommunications
regulatory agencies.
1.10 Ownership and Risk of Loss
You shall be deemed the owner of the Device, and bear all risk of loss
of, theft of, casualty to or damage to the Device, from the time it
is shipped to you until the time (if any) when it is returned by you
pursuant to Section 1.7 and has been received by Voyze.
2. EMERGENCY SERVICES- 911 DIALING
2.1 Non-Availability of 911 and Availability of E911 Dialing Service:
You acknowledge and understand that the Service does NOT support 911
and support E911 access to emergency services.
2.2 Service Outage:
2.2.1 Power Outage
You acknowledge and understand that dialing does not function in the
event of a power failure. Should there be an interruption in the power
supply, the Service will not function until power is restored. A power
failure or disruption may require the Customer to reset or reconfigure
equipment prior to utilizing the Service.
2.2.2 Broadband Service Outage
You acknowledge and understand that service outages by your broadband
provider will prevent ALL Service.
2.2.3 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.
2.2.4 Other Service Outages
You acknowledge and understand that if there is a service outage for
ANY reason, such outage will prevent ALL Service. Such outages may occur
for a variety of reasons, including, but not limited to those reasons
described elsewhere in this Agreement.
2.2.5 Limitation of Liability and Indemnification
You acknowledge and understand that the Company’s liability is
limited for any Service outage and/or inability to dial 911 from your
line or to access emergency service personnel, as set forth in this
document. You agree to defend, indemnify, and hold harmless Voyze, 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 the absence, failure
or outage of the Service, including 911 dialing and/or inability of
Customer or any third person or party or user of Customer’s Service
to be able to dial 911 or to access emergency service personnel.
3. CHANGES TO THIS AGREEMENT
Voyze may change the terms and conditions of this Agreement from time
to time. Notices will be considered given and effective on the date
posted on Voyze’s website (currently located at http://www.voyze.com.
The Agreement as posted supercedes all previously agreed to electronic
and written Terms of Service, including without limitation any terms
included with the packaging of the Device and also supersedes any written
terms provided to Retail Customers in connection with retail distribution,
including without limitation any written terms enclosed within the packaging
of the Device.
4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
4.1 Billing
You must give us a valid credit card number (Visa, MasterCard, Discover,
American Express or any other issuer then-accepted by Voyze) when the
Service is activated. Voyze reserves the right to stop accepting credit
cards from one or more issuers. If the card expires, you close your
account or your billing address changes, or the card is cancelled and
replaced owing to loss or theft, you must advise Voyze at once. We will
bill all charges, applicable taxes and surcharges monthly in advance
(except for usage-based charges, which will be billed monthly in arrears,
and any other charges which Voyze decides to bill in arrears) to your
credit card, including but not limited to: activation fees, monthly
Service fees, international usage charges, advanced feature charges,
equipment purchases and shipping and handling charges. Voyze reserves
the right to bill at more frequent intervals if the amount due at any
time exceeds $50. Any usage charges will be billed in increments that
are rounded up to the nearest minute except as otherwise set forth in
the rate schedules found on Voyze’s website.
4.2 Billing Disputes
You must notify Voyze in writing within 7 days after receiving your
credit card statement if you dispute any Voyze charges on that statement
or such dispute will be deemed waived. Billing disputes should be notified
to the address or 800 number listed on our website [www.voyze.com]
4.3 Payment
Voyze only accepts payments by credit card. Your initial use of the
Service authorizes Voyze to charge the credit card account number on
file with Voyze, including any changed information given Voyze if the
card expires or is replaced, for Voyze charges that accrue during the
billing cycle. This authorization will remain valid until 30 days after
Voyze receives your written notice terminating Voyze’s authority
to charge your credit card. Voyze may terminate your Service at any
time in its sole discretion, if any charge to your credit card on file
with Voyze is declined or reversed or in case of any other non-payment
of account charges. Termination of Service for declined card, reversed
charges or non-payment leaves you FULLY LIABLE to Voyze for ALL CHARGES
ACCRUED BEFORE TERMINATION and for charges incurred by Voyze owing to
your non-payment, such as (but not limited to) collection costs and
attorney’s fees.
4.4 Termination/Discontinuance of Service
Voyze reserves the right to suspend or discontinue providing the Service
generally, or to terminate your Service, at any time in its sole discretion.
If Voyze discontinues providing the Service generally, or terminates
your Service in its discretion without a stated reason, you will only
be responsible for charges accrued through the date of termination,
including a pro-rated portion of the final month’s charges. If
your Service is terminated for any stated reason, including without
limitation violation of this Agreement, or because of any improper use
of the Service or Device (such as, but not limited to, your attempts
to hack, disrupt, or misuse the Service), you will be responsible for
the full month’s charges to the end of the current term, including
without limitation unbilled charges, plus the disconnect fee set forth
in Section 4.6, all of which immediately become due and payable.
4.5 Taxes
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. If Customer is exempt from payment
of such taxes, it will provide Voyze with an original government-issued
certificate attesting to tax-exempt status. Tax exemption will only
apply from and after the date Voyze receives the Tax Exempt Document.
4.6 Disconnect Fee for HomePhone Customers
Customer will be charged a disconnect fee of $49.99 per voice line upon
termination of Service for any reason or for convenience by Customer.
The disconnect fee becomes due and payable immediately upon termination
and will billed directly to Customer’s credit card. If Customer
has multiple lines, Customer will be charged a disconnect fee of $49.99
per line for each line disconnected. To receive a credit for the disconnect
fee, Customer must return the Device(s) undamaged and in original condition
within fourteen (14) days of termination. Voyze will not credit Customer
if the Device(s) is damaged or not in its original condition as received
by the Customer or if Customer has otherwise failed to comply fully
with the requirements of Section 1.7. In the event Customer disconnects
multiple lines, Voyze will issue Customer a credit for all disconnect
fees upon receipt of all Devices (e.g., Terminal Adapters, etc.) in
accordance with this Section.
4.7 Cancellation Fee for HomePhone and Voyze Everywhere Customers
Customers will be charged a cancellation fee of $19.99 per voice line
upon termination of Service for any reason or for convenience by Customer.
The cancellation fee becomes due and payable immediately upon termination
and will billed directly to Customer’s credit card. If Customer
has multiple lines, Customer will be charged a cancellation fee of $19.99
per line for each line cancelled.
4.8 Money Back Guarantee
Voyze offers a 30-day money back guarantee, applicable to one primary
line per account, not additional or secondary lines. Under terms of
the Money-Back Guarantee, Voyze refunds the activation fee, first month
of service, shipping charges and waives the disconnect fee. Voyze reserves
the right to terminate or revoke the Money-Back Guarantee at any time,
without prior notice.
In order to be entitled to this Money Back Guarantee, user (i) must
cancel service within 30 days of the account activation; (ii) must return
equipment within 14 days; and (iii) must not have exceeded 500 minutes
of usage within the first 30 days of service. User remains responsible
for any charges for overage, international traffic or directory assistance.
Accounts exceeding 500 minutes of usage are not eligible for refund.
All returned equipment must be in the original packaging with the UPC
or bar code intact. All components, manuals and registration card(s)
must be included. Equipment must be returned with a valid return authorization
number obtained from Voyze Customer Care. User is responsible for return
shipping of equipment. The money back guarantee will not be honored
if user fails to meet all above requirements.
To obtain a return authorization number, user must contact us at the
address or 1-800 number listed on our website [www.voyze.com]
5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
5.1 Limitation of Liability
Voyze 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;
8) outage of Customer’s ISP or broadband
9) act or omission of Customer or any person using the Service or Device
provided to Customer; or
10) any other cause that is beyond Voyze’s control, including
without limitation a failure of or defect in any device, 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.
Voyze’s aggregate liability for (i) any failure or mistake; (ii)
any claim with respect to Voyze’s performance or nonperformance
hereunder or (iii) any Voyze act or omission in connection with the
subject matter hereof shall in no event exceed Service charges with
respect to the affected time period.
5.2 No Consequential Damages
In no event shall Voyze, its officers, directors, employees, affiliates
or agents or any other service provider who furnishes services to Customer
in connection with 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 Voyze was informed of the likelihood
of any particular type of damages.
5.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless Voyze, 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.
5.4 No Warranties on Service
Voyze 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, title or non-infringement or
any warranty arising by usage of trade, course of dealing or course
of performance or any warranty that the service will meet customer’s
requirements. Without limiting the foregoing, Voyze does not warrant
that the Service will be without Service failure, delay, interruption,
error, degradation of voice quality or loss of content, data or information.
Neither Voyze 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 Voyze’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 Voyze’s or its service provider’s or vendors’
negligence. Statements and descriptions concerning the Service or Device,
if any, by Voyze or Voyze’s agents or installers are informational
and are not given as a warranty of any kind.
5.5 No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from Voyze 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 Voyze 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.
5.6 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party
to this Agreement with any remedy, claim, liability, reimbursement,
or cause of action or creates any other third party beneficiary rights.
5.7 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. Voyze reserves the right to terminate or suspend
affected Services, and/or remove Your or Users’ content from the
Services, if Voyze determines that such use or content doer not conform
with the requirements set forth in this Agreement or interferes with
Voyze’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. Voyze’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 Voyze 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.
6. GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Mandatory Arbitration
Any dispute or claim between Customer and Voyze 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 arbitrator’s decision shall follow the
plain meaning of the relevant documents, and shall be final and binding.
Without limiting the foregoing, 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.
6.2 Governing Law
The Agreement and the relationship between you and Voyze shall be governed
by the laws of the state of Florida without regard to its conflict of
law provisions. You and Voyze agree to submit to the personal and exclusive
jurisdiction of the courts located within the state of Florida. To the
extent court action is initiated to enforce an arbitration award or
for any other reason consistent with Section 6.1, you and Voyze agree
to submit to the personal and exclusive jurisdiction of the courts located
within the state of Florida and waive any objection as to venue or inconvenient
forum. The failure of Voyze to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision.
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.
6.3 Entire Agreement
This Agreement and the rates for Services found on Voyze’s website
constitute the entire agreement between you and Voyze and govern your
use of the Service, superseding any prior agreements between you and
Voyze 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 Voyze unless and
until posted in accordance with Section 3 hereof.
6.4 Severability
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.
7. PRIVACY
Voyze Service utilizes, in whole or in part, the public Internet and
third party networks to transmit voice and other communications. Voyze
is not liable for any lack of privacy which may be experienced with
regard to the Service. Please refer to our Privacy Policy at www.Voyze.com
for additional information.
8. CHANGES; NOTICES
Notice to Customer of any changes to the “Terms of Service”
shall be considered given by posting to the “Service Announcements”
section of the Voyze Web Site. Notice will be considered received by
Customer, and such changes will become binding on Customer, on the date
posted to the Voyze Web Site and no further notice by Voyze is required.
9.
BILLING
The company will charge in advance with your method or payment : the
monthly service plan, taxes and related surcharges. These charges will
be applied even when the service is not used. Additional minutes for
calls not included in your plan during the past month will also be included
in your monthly billing. If the client decides to disconnect the service,
upon disconnection, all unbilled amounts and all disconnection fees,
reimbursements, equipment and other charges will be charged to the method
of payment on file in the company. The subscriber can be billed partial
charges at any time of the billing cycle when uses additional services
in excess of $ 50.00. Late payments after 15 days of the billing cycle
are subject to late fees. When you subscribe to our service, you must
indicate a valid email address and payment method accepted by the company.
We reserve the right to stop accepting your method of payment. You must
notify the company immediately if your payment method expires, you close
your account, or there is a change on your billing address or your email
address as well as if your method of payment is canceled and replaced
for loss or theft.
9.1
Payment
When you subscribe to our service, you authorize the company to charge
you according to your method of payment, including disconnection fees
, late payment fee , returned checks, a fee for not returning telephone
adapter and any other outstanding charges. When your account is placed
“on hold” the company will charge the subscriber a minimum
amount of $4.99 associated with the maintenance of the phone service
until the company receives the phone adapter from the subscriber.
9.2
Collection
If we disconnect your service, you will remain liable to us for the
charges under this agreement and all costs we incur to collect this
charges, such fees, including without limitation, the fees of the collection
agency (Collection Agency), the reasonable fees for legal representation,
legal costs and arbitration.
9.3 Notices
You agree to update your account information immediately whenever you
change your billing or personal information (including, for example,
your name, address, email address, phone number and the number and expiration
date of your debit / credit card or other method of payment). You authorize
the company to send you notices and information about your service,
including by email, via the Internet. If we send notices to the last
email address you gave us, you agree that we have provided ample warning
by email and waive any right to claim lack of notice.
You understand that we cannot distinguish between credit and debit cards.
You Agree to waive any right under the Regulations to receive notices
from us regarding the amount that we will charge to your account. While
we may send you occasional messages about your billing, we are not obliged
to do so. We may change or stop sending our messages at any time without
notice.
9.4 Billing Disputes.
If you wish to dispute any charge in your statement, you must notify
the company within 7 days after receiving your bank statement or the
issuer of your credit card. If you do not dispute the charges within
7 days, you waive the right to refute them. Our customer service phone
number is: 1-866-257-7375 , customer service option.
Last
Updated: February 24, 2011