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Terms & Conditions

Understanding Our Terms and Conditions

Our lawyers don’t let us have too much fun within the Terms & Conditions for our services, but we want to reassure you that the primary spirit and intention behind these terms are to:

• Protect ourselves and our customers from any egregious misunderstanding.
• Provide sane parameters for how our services are intended to be used.
• Protect us from overt fraud, abusers of our good nature, and the like.

If anything in the following Terms & Conditions seems odd, obtuse, or unclear, please let us know – we’re more than happy to add clarity and answer any questions you might have about using any of our services.

Terms & Conditions

The Terms and Conditions described herein (hereafter the “Agreement”) apply to all CallCatchers Inc. d/b/a FreedomVoice (hereinafter “FreedomVoice”) services, namely CloudNumber, AdTrakker, CloudPhone, CloudPBX, all legacy plans, and includes all optional features and related services, (hereafter “the Services”) as provided to a customer of FreedomVoice, (hereafter “You” or “the Customer”).

Section 1: Overview

FreedomVoice is owned by, and is an Affiliate of, GoDaddy Inc.  For the purposes of this Agreement “Affiliate” means with respect to a party, any entity that directly or indirectly controls, is controlled by or is under common control with that party.  FreedomVoice provides the Services under this Agreement, however, we reserve the right to change the Affiliate providing Services via pro-forma internal transactions at our sole discretion.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with FreedomVoice’s E-911 Information and Privacy Policy ("Privacy Policy"), which are incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein. You may also be subject to additional terms associated with the particular App Store from which you downloaded the FreedomVoice Mobile Application (hereinafter “FreedomVoice App”), if any ("App Store Terms"). See: Apple Terms of Service and Google Terms of Service.  In addition, you acknowledge that certain Services may be governed by tariff or a price schedule filed with state Public Utilities Commissions, which are incorporated into this Agreement by reference.  If there is a conflict between this Agreement and tariff or price schedule, then the provisions in the tariff or price schedule will govern with regard to the subject matter contained therein, followed by this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to our website. Your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement and any limitations to the Services as last revised.  We may occasionally notify you of changes or modifications to this Agreement by email.  You shall keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

Section 2 Description of Services

CloudNumber.  CloudNumber is a customizable professional phone number system easily managed through your smartphone.  Offering local and toll-free numbers with a personalized greeting for your business, CloudNumber seamlessly routes your business calls to you or your team on different devices, and gives you the option to turn on an announcement to tell when you are answering a business call.  The free mobile app available on Android and iOS enables you to easily check voicemail or faxes from anywhere and make calls showing your business number as caller ID. 
 
CloudPhone and CloudPBX are Interconnected enterprise-grade VoIP phone systems hosted remotely in the cloud. These services require IP-enabled phones and a business-grade broadband connection.  As a scalable solution with free domestic calling, CloudPhone and CloudPBX offer a robust enterprise grade feature set. CloudPhone is designed for customers with 1-4 users, whereas CloudPBX systems are designed for 5+ users and are supported by a local FreedomVoice partner.

NOTICE REGARDING TRANSFER OF DATA:  USE OF THE SERVICES REQUIRES THAT PERSONAL DATA BE PROCESSED BY FREEDOMVOICE IN THE UNITED STATES OF AMERICA, WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE SERVICES ARE LOCATED. FEATURES AND CAPABILITIES OF THE SERVICES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, FREEDOMVOICE IN THE UNITED STATES OF AMERICA FOR THAT PURPOSE. FREEDOMVOICE PROCESSES SUCH PERSONAL INFORMATION IN COMPLIANCE WITH THE CONTRACTUAL REQUIREMENTS ESTABLISHED WITH YOU IN THIS AGREEMENT.

Apps are Not for Children under 13. All FreedomVoice Apps, Services and related websites are not intended for children under the age of thirteen (13), so children under the age of thirteen (13) should not use them at any time. Account registration requires a minimum age of thirteen (13). If you are between the ages of thirteen (13) and seventeen (17), your legal guardian shall review and agree to these terms. FreedomVoice does not knowingly collect any information from children under the age of thirteen (13). In the event that FreedomVoice learns that it has inadvertently gathered personal information from children under the age of thirteen (13), FreedomVoice will take reasonable measures to promptly delete such information

Service Requirements.

Underlying phone or broadband service may be required to use some features of the Services. You are solely responsible for procuring, maintaining, and paying for the underlying phone or internet service.  Using CloudNumber or the FreedomVoice App requires using your own voice minutes. Fees, service charges, per message and per-minute usage and other charges may be assessed by your underlying phone service provider for any calls received through the Services. FreedomVoice is not responsible for your underlying phone service, for any calls made or messages sent across telecommunications networks which are not owned by FreedomVoice, or for problems with your underlying phone or broadband service.

A wireless data plan or internet connection is required to use some features of CloudNumber and the FreedomVoice App. You are solely responsible for any fees and costs associated with that data plan or internet connection.  You acknowledge and agree that you are solely responsible for cellular usage charges which you may incur from use of the Services. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the FreedomVoice App. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreement(s) with your wireless carrier. You hereby authorize and grant to FreedomVoice a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your account with the Services, to sublicense those rights to its third party providers only for so long as necessary to provide the Services to you, and to disclose the same as required or permitted under applicable law.

Section 3: Payments

A. Free Trial Period

When you sign up for a free trial offer, you must provide a valid credit card on file. If you have elected to activate the Services as part of a free trial offer, any charges for the Service, any selected options, any usage in excess of the included minutes of your calling plan, and any usage in excess of the included text messages will not be billed until after the expiration of the free trial period. This free trial period begins the day the Services are activated and is subject to the duration offered.  On the day following the expiration of the free trial period, you will be billed using the credit card on file for the term of the Services, any optional features selected, sent text charges in excess of included texts, and minute charges for calls during your free trial in excess of included plan minutes or originating-from / forwarded-to locations outside of the Service’s domestic calling area. If you wish to avoid being charged for the Services, you must cancel your subscription before the end of the free trial period.

B.  Set-Up and Initial Payments

The Customer’s initial payment for the Service will be due upon the expiration of any free trial period or the processing of the Customer’s order.  The charges will include fees for the selected calling plan, hardware costs, shipping costs, fees for any options selected not already included in the selected plan and where applicable the first month's rental fees for users. These fees are due immediately at the start of the Service.

At the time of placing an order for the CloudPBX service, the Customer’s “Service Start Date” will also be established and agreed upon by the Customer, not to exceed sixty (60) days from the placing of the order. The Service Start Date is when billing for the Service will begin. Prior to the original Service Start Date, a new Service Start Date can be selected as long as it does not exceed sixty (60) days from the placing of the order.  Any costs for new features, equipment, or services added to the CloudPBX service between the receipt of the initial payment and the Customer’s Service Start Date will be due immediately. Any bulk minute packages included with the Service (e.g. for inbound toll-free calls) are not available until the Service Start Date and applicable calls made before the Service Start Date will incur standard call charges. Any call charges incurred before the Service Start Date will be due on the first monthly statement following the Service Start Date.

C.  Ongoing Payments

On subsequent monthly intervals, the Customer will be charged for the Service’s ongoing monthly system rental fee, service fees, as well as any optional features chosen that have recurring monthly fees, and for usage (billed in 6-second increments and inclusive of calls made through the FreedomVoice mobile application) of the Service that either:

i. Exceeds the number of monthly minutes included with the Service, at a rate determined by the calling plan associated with the Service; or
ii. Is not included in the domestic calling area covered by the Service, at an international per-minute rate determined by FreedomVoice. The domestic calling area for all FreedomVoice Virtual Phone System and Call Capture Service calling plans is the Continental U.S., AK, HI, Canada, Puerto Rico and the U.S. Virgin Islands, with the exception that calls originating from or forwarded to Canada each carry a one-minute minimum billing.

D. Additional Charges; Price Changes

i. Calls from payphones are blocked by default from connecting to any of the Services provided by FreedomVoice.
ii. Some optional features, such as Call Record, require greater data storage. Storage for 2GB of audio and fax media, and bandwidth transfer of up to 20GB per month, is included with the Services. Excess storage and/or bandwidth usage will result in an additional charge of $9.95 per month for each additional 2GB / 20GB block used.
iii. Taxes, duties and similar charges for both phones and the Service will be added where applicable and are payable by the Customer
iv. Overflow Trunk lines will be charged at $59 each. 
v. By default, monthly invoices are sent to the Customer via email. For an additional $2 per month, the Customer may request to also receive a printed copy of their invoice by standard mail.
vi. All prices are subject to change. Any price changes will be posted on “WebLink” or other web portal for using the Service, and the Customer’s continued use of the Service following notice of the price changes will constitute the Customer’s consent to such changes.

E.  Maintaining Account Balance

If the Customer is paying for the Service by credit card or ACH, all charges will be automatically deducted three (3) days following the generation of any invoice. Monthly rental, service, and additional feature fees are payable in advance of each month’s service. Overages and any other applicable charges are billed subsequent to the end of each month’s service, except in the case that outstanding overages exceed $18.75 within a given month, whereupon these call charges will be invoiced on the next Friday. It is the Customer’s responsibility to maintain sufficient balance on the provided credit card or bank account to allow for settlement of charges.

A Customer may request to pay invoices by check on net 30 terms.  Before FreedomVoice will consider approving payments by check on net 30 terms, a Customer must make three (3) consecutive on time payments, or pre-pay three (3) months’ service fees. FreedomVoice reserves the right to deny pay by check requests for any or no reason.  If the Customer chooses to pay for the Services by check, the Customer is responsible for immediate payment of all invoices (Net 30). Returned checks will result in a $25 fee applied to the Customer’s account balance.

Invoices that are not paid within 30 days may have a late fee of 1.5% per month applied to the unpaid balance, as well as a processing fee of $10 per month.

Any Customer disputes of the amounts invoiced or charged must be submitted in writing to FreedomVoice within ninety (90) days of the date of the applicable charges and, if not so disputed, the Customer waives any objection and further recourse with respect to such charges.

In the event that the Services are terminated, regardless of the reason for termination, the Customer agrees that any unpaid account balance is due immediately.  Any unpaid invoices` must be paid in full as a condition for reinstatement of the Services. If the Customer establishes or has already established one or more accounts for FreedomVoice services that remain active, FreedomVoice reserves the right to transfer any unpaid balance from the Customer’s terminated account(s) to the Customer’s active FreedomVoice account(s).

INTERRUPTION OF THE SERVICE MAY BE EXPERIENCED IN THE EVENT THAT THE ACCOUNT BALANCE IS NOT MAINTAINED IN THE MANNER DESCRIBED ABOVE.

Section 4: Equipment

“FreedomVoice Equipment” means any telephone hardware (“Phones”) or other physical equipment provided, rented or sold to Customer by FreedomVoice in connection with your Services, including but not limited to the telephone, cables, handset and power supply.  Customer acknowledges and agrees that all FreedomVoice Equipment, whether included with the Service or rented, shall remain the property of FreedomVoice and that Customer acquires no ownership or other interest in any of the FreedomVoice Equipment.  FreedomVoice Equipment shall not be deemed a fixture or in any way part of the Customer’s premises. Customer shall only use FreedomVoice Equipment as part of the Services and pursuant to this Agreement.

A. Included Phones

We know that paying for phone system hardware can be difficult for new or rapidly-growing companies, so we have decided to include the necessary Phones with some of our service plans (fees may vary depending upon the service plan and Phone selected).  These included Phones are not and do not become Customer property.  While the Phones are included with some service plans, the Customer is still responsible to pay: phone upgrade charges, shipping, handling, and any applicable taxes and/or regulatory fees.

Upon request for cancellation of any or all seat/phone subscriptions, any included Phones associated with the cancellation must be immediately shipped at the Customer’s expense to:

FreedomVoice
5600 Avenida Encinas, Suite 170
Carlsbad, CA  92008

To continue this program, FreedomVoice must be able to reissue FreedomVoice Equipment that has been returned.  As such, all FreedomVoice Equipment must be returned in good and working condition with all components, including but not limited to the phone, cables, handset, and power supply, before we will process a cancellation.
If the associated FreedomVoice Equipment is not returned within thirty (30) days following request for cancellation, or if the FreedomVoice Equipment is deemed too damaged or to be non-working (at the sole discretion of FreedomVoice), the Customer will be responsible to pay the full retail cost for the FreedomVoice Equipment as set by FreedomVoice.  If any components are missing in the return shipment, the Customer will be responsible to pay the replacement cost for said components as set by FreedomVoice.

B.  Phone Rental Program

Customers participating in the Phone Rental Program must agree to a service term of twenty-four (24) months from the date of the initial agreement for the Services.  The Customer may cancel the Services and Rental Program at any time upon thirty (30) days written notice.  However, if such cancellation occurs within the twenty-four (24) month service term the Customer shall pay FreedomVoice a termination charge equal to the sum of: the MSRP price of all phones rented under the Phone Rental Program, and sixty (60) days of the monthly recurring charges for the Services.  This fee is in addition to all previous amounts paid.  After the initial service term the Customer may cancel the Service upon thirty (30) days written notice to FreedomVoice and return the rented phones.  Customer will be billed the MSRP price for any rental phones not returned within thirty (30) days of termination.

Customer has the option to purchase the rented phones during the service term.  The purchase price for such phones shall be equal to two hundred percent (200%) of the MSRP price, less the total rental fees paid by the customer to date.  The minimum purchase price is twenty-five percent (25%) of the MSRP price of such phones.

Customer has the option to purchase the rented phones after the completion of the initial service term.  The purchase price for such phones shall be equal to twenty-five percent (25%) of the MSRP price of such phones.

The Customer’s purchase rental phones will not terminate the Services associated with such phones, and the Services will remain in effect following equipment purchase unless the Customer terminates such Services in accordance with the process outlined above.

C. Hardware Purchase

FreedomVoice Equipment purchased directly from FreedomVoice is subject to a Fifteen (15) Day Money-Back Guarantee for devices from the date the first device is activated.  If during that time the Customer is not fully satisfied with the FreedomVoice Equipment, the Customer may return the FreedomVoice Equipment and FreedomVoice will refund the cost of the FreedomVoice Equipment  less any shipping costs.  After such fifteen (15) day period, purchased FreedomVoice Equipment may not be returned for a refund.

Customers purchasing any FreedomVoice Equipment as part of the “Flex40” program agree to a service term of twenty-four (24) months from the date of the initial agreement for the Services.  The Customer may cancel the Services at any time upon thirty (30) days written notice; however, if such cancellation occurs within the twenty-four (24) month service term the Customer shall pay FreedomVoice a termination charge equal to the sum of: 40% of the MSRP price of all FreedomVoice Equipment purchased as part of the Flex40 program, and sixty (60) days of the monthly recurring charges for the Services.  This fee is in addition to all previous amounts paid.  After the initial service term, the Customer may cancel the Services upon thirty (30) days written notice to FreedomVoice.

Section 5: Number Portability

Any toll-free phone number ported in by the Customer for use with the Services may incur a one-time activation charge of $30, though some or all of this charge may be waived at the sole discretion of FreedomVoice.
Toll-free phone number(s) ported in by the Customer for use with the Services remain the property of the Customer and may be ported to another carrier of the Customer’s choosing as long as the Services remain active for the duration of the porting process. If the Customer cancels one or more ported-in toll-free phone numbers from their Services or terminates the Services in whole prior to porting toll-free phone numbers away, any canceled toll-free phone numbers may not be available to port away as they may be released to the SMS/800 pool of spare toll free phone numbers or re-assigned to new FreedomVoice customers. It is the Customer’s responsibility to complete, prior to cancellation, the porting away of any ported-in toll-free phone numbers the Customer wishes to retain as their property.

Toll-free phone numbers provided by FreedomVoice for use with the Services, however, are included as an integral component of the Services as a bundle that includes the toll-free phone number(s), virtual automated attendant, internet faxing capabilities, voicemail storage and access, call reports, and other related services. These toll-free phone numbers are controlled by third-party toll-free Responsible Organizations (“Resp Orgs”) and FreedomVoice remains both the end-user customer of said Resp Orgs and the “Toll-Free Subscriber” with respect to these toll-free phone numbers. As such, toll-free phone numbers provided by FreedomVoice for use with the Services do not become the property of the Customer and their portability is not guaranteed.

For porting in of phone numbers, you will be required to provide specific information in order for FreedomVoice to submit the porting request to your current carrier. Porting out requires that the number is associated with a non-delinquent paid account, or that the number you are porting out is a number that you previously ported into the service. For porting out phone numbers, you must contact both FreedomVoice and the carrier to which porting is to be made.. You must inform FreedomVoice by e-mail that you want to port out your number and request that your number is unlocked.  If your number has not been unlocked the port request from the porting in carrier will be denied. Furthermore, we must ensure that the information provided to us by the new carrier is a 100% match with the information associated with your FreedomVoice account before authorizing the release of the number.  You acknowledge and agree that: (i) porting in or out may be subject to an additional fee as allowed by applicable law and that you shall pay such fees as required; (ii) porting is coordinated through FreedomVoice's underlying carriers, so actual porting is not conducted by FreedomVoice. Porting of phone numbers is subject to involvement, cooperation and consent of third parties, including our underlying carriers and the carriers from whom or to whom porting is requested. As a result, the porting process may take considerable time and may not be feasible or allowed, or may be blocked or withheld by third parties and that FreedomVoice shall not have any liability to you for any actions or failures to act by such parties. AS CONDITIONS FOR YOUR USE OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (I) ANY PORTED OUT PHONE NUMBERS SHALL BE FOR YOUR PERSONAL AND/OR BUSINESS USE AND WILL NOT BE RESOLD FOR PROFIT; AND (II) FREEDOMVOICE SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR THE INABILITY TO EITHER PORT IN OR PORT OUT A PHONE NUMBER, FOR ANY DELAY OR ERRORS IN FULFILLING A PORTING REQUEST, FOR ANY PHONE NUMBER SUBSTITUTION, OR FOR ANY LOSS, COST OR EXPENSE ARISING OUT OF ANY OF THE ABOVE.  IN THE EVENT THAT WE DETERMINE YOU ARE RESELLING, BROKERING OR WAREHOUSING NUMBERS OBTAINED THROUGH THE SERVICES WE MAY IMMEDIATELY TERMINATE YOUR ACCOUNTS UP TO AND INCLUDING ANY, OR ALL, SERVICES PURCHASED THROUGH US OR OUR AFFILIATES. 

Section 6: Local Area Telephone Numbers

If the Customer is a using local area telephone number(s) as part of the Services, this number will be assigned according to the proximity of the account address the Customer provides to FreedomVoice. It is the Customer’s responsibility to confirm whether the number(s) are in the local calling area of their choice.  FreedomVoice does not assume responsibility for any of the Customer’s losses due to a number not being within the local area of the business or the Customer’s callers.

Section 7:  Fair Usage Policies

A.  Unlimited Calling Plans Fair Usage Policy

FreedomVoice unlimited minutes plans will have a virtually unlimited number of minutes for your use every month. Although there is no limit to the number of minutes on your FreedomVoice unlimited plan, a threshold of ten thousand (10,000) minutes every month and five (5) concurrent calls will be considered normal business use.  In the event that you exceed this threshold, FreedomVoice, in its sole discretion, may assess an additional usage charge of 3.9 ¢/minute or the current overage rate for every minute in excess of the threshold.

B. Unlimited Text Message Plans Fair Usage Policy.
 
Although there is no limit to the number of text messages you can send using the FreedomVoice App, a local unlimited plan has a threshold of two thousand (2,000) sent text messages and a toll-free unlimited plan has a threshold of ten thousand (10,000) sent text messages every month which will be considered normal use.  In the event that you exceed this threshold, FreedomVoice in its sole discretion, may assess an additional usage charge of 0.01 ¢/text message or the current overage rate for every text message in excess of the threshold.

C. Mobile Application Fair Usage Policy. 

The FreedomVoice App is offered as added value option to an authorized phone/device on our network. The application is intended to offer additional services and features on a mobile device as a complement to our other Services. Fair usage for the mobile app therefore is one instance of a mobile app per CloudPhone/CloudPBX seat or one per CloudNumber.

In the event that this fair usage policy is exceeded it could dramatically affect the cost basis for the associated service. Where possible, FreedomVoice will provide a notice of usage in violation of this policy before any suspension or termination, and, if appropriate, may offer an alternatively-priced option for continued use.

D. Voicemail Transcription Fair Usage Policy

To avoid additional costs and rate increases, it is necessary for FreedomVoice to actively prevent any fraudulent or otherwise abusive use of the voicemail transcription service by a very small subset of customers.

FreedomVoice reserves the following rights: to suspend or terminate, with or without notice, the voicemail transcription service or the Customer’s Services as a whole (if found to be willfully fraudulent or abusive) as a result of the Customer violating this policy; to take any unlawful, prohibited, abnormal, or unusual activity into account in making its determination to suspend or terminate the feature or service; to add to, modify, or amend this policy at any time, for any reason, in its sole discretion.

There is no established limit to the quantity of voicemail messages that may be transcribed with FreedomVoice’s voicemail transcription service. However, the total duration of such voicemail messages transcribed is limited to normal business use, defined as sixty (60) minutes of transcribed messages per monthly billing cycle. Usage that exceeds this amount may be found to be in violation of this policy and subject to any or all of the following: additional reasonable usage charges of 25 cents per 30 second transcription block; immediate suspension or termination of the feature; and/or immediate suspension or termination of FreedomVoice Services.

Where possible, FreedomVoice will provide a notice of usage in violation of this policy before any suspension or termination, and, if appropriate, may offer an alternatively-priced option for continued use.

Additional prohibited uses of the voicemail transcription service include (but are not limited to):

• Shared Use. The voicemail transcription service is intended to be used solely by the subscribing FreedomVoice customer and not shared amongst multiple individuals or businesses.
• Bulk Call-In Lines. Voicemail transcription service is not designed to be used for bulk support or sales call centers, voting hotlines, 900 numbers, sports or gambling hotlines, or other bulk call-in scenarios.
• Recorded Calls. FreedomVoice customers who subscribe to the Call Record feature may have recorded calls delivered and archived in a similar fashion as voicemail messages, however these recordings are not intended to be transcribed by the voicemail transcription service.
• Dictation. Voicemail transcription is not intended to be used as a dictation service.

E. Unlimited Voicemail Box Fair Usage Policy

To avoid additional costs and rate increases, it becomes necessary for FreedomVoice to actively prevent any fraudulent or otherwise abusive use of the unlimited voicemail box feature by a very small subset of customers.

FreedomVoice reserves the following rights: to suspend or terminate the Services, with or without notice (the latter if found to be willfully fraudulent or abusive) as a result of the customer violating this policy; to take any unlawful, prohibited, abnormal, or unusual activity into account in making its determination to suspend or terminate the Services; to add to, modify, or amend this policy at any time, for any reason, in its sole discretion.

Prohibited uses of the unlimited voicemail boxes feature include (but are not limited to):

• Shared Use. The Service is intended to be used solely by the subscribing FreedomVoice customer and not shared amongst multiple individuals or businesses.

The Customer is otherwise permitted to add via online interface or by request through contacting FreedomVoice, at no additional cost, additional voicemail boxes to the Services to a fair usage threshold of two thousand (2,000) such voicemail boxes per instance of the Services. Any attempt to exceed this threshold will be automatically declined by FreedomVoice, though a request for an exception to this threshold may be requested in writing. Any such request will be reviewed by FreedomVoice to determine whether the Customer’s usage pattern is fraudulent or abusive and it remains the sole discretion of FreedomVoice to permit or deny the addition of voicemail boxes above said the threshold.

Section 8: Using Call Recording Features

The Customer hereby expressly represents and agrees that, as a material condition to the use of FreedomVoice Services, at least three of the five following policies are actively in place to obtain prior employee consent to record telephone conversations using FreedomVoice Services: (1) a written phone-monitoring policy is maintained which advises employees that their telephone conversations over business phones may be monitored or recorded as a part of normal business operations; (2) Customer has obtained and maintains signed statements from employees acknowledging that they have received and reviewed the phone-monitoring policy; (3) signs or stickers are attached to business phones advising employees that phone calls may be monitored and recorded; (4) Customer maintains a zero tolerance employee policy that business phones should not be used for personal calls, and that, personal calls may be inadvertently monitored or recorded; (5) Customer maintains separate business phones that can be used for an employee's personal calls during non-work times.

The Customer further expressly represents and agrees that, as a material condition to the use of FreedomVoice Services, third-parties who may call or be called by Customer’s employees will be advised that conversations may be recorded by the following methods: (1) a verbal announcement at the beginning of incoming calls notifies all third parties of the monitoring and recording policy and of the purpose for the monitoring and recording such as for training purposes or quality assurance; (2) employees are required, trained and supervised to recite a similar announcement of the monitoring and recording policy when making outbound calls to third parties.

The Customer further expressly represents and agrees that, as a material condition to the use of FreedomVoice Services, it will observe any state or other laws that require both parties to a telephone conversation to give prior consent to the monitoring or recording of such conversation.  This includes California law, where prior consent of both parties is required even if only one party to the phone conversation is located in California.

The Customer agrees and understands that the conditions set forth above do not constitute legal advice and that the Customer is ultimately responsible for seeking appropriate legal counsel to ensure their recording of telephone conversations is in accordance with all applicable laws.

Section 9: Troubleshooting & Service Repair; Scope of Responsibility

In the event of any service issues, FreedomVoice will assist the Customer with troubleshooting the problem’s source. However, some elements key to proper performance, including LAN, wiring, power, firewall, CPE, and ISP, are beyond the scope of FreedomVoice’s responsibility to effect repairs. The sole exception to the above is in the case where FreedomVoice is providing the Customer with managed MPLS connectivity, whereupon the CPE and ISP do fall within the scope of FreedomVoice’s responsibility.

While FreedomVoice will continue to offer its assistance to the Customer in diagnosing service issues outside the direct scope of its responsibility, such as those listed above, their ultimate repair will remain the responsibility of the Customer, their Installer, and/or the Customer’s 3rd-party IT vendor.

Additionally, some WAN issues, such as poor performance by intermediary providers, are not the direct responsibility of FreedomVoice. However, in these cases, FreedomVoice will assist the Customer, their Installer, and/or the Customer’s 3rd-party IT vendor in working with any such providers to eliminate these issues.

Section 10: Referral Program

The following Terms and Conditions apply to the FreedomVoice Referral Program, wherein an existing FreedomVoice user (hereafter "Referrer") is eligible to receive rewards for referring unique, new customer(s) to sign up and maintain service in good standing with FreedomVoice.

Referrer is provided via the FreedomVoice WebLink online console a shareable link to a FreedomVoice web property that is encoded with their username information. When a prospective referred customer navigates to this link and places an order for FreedomVoice CloudNumber or CloudPhone service, or submits their information to be contacted about CloudPhone or CloudPBX service, these transactions are flagged as having originated with the Referrer.  Any resulting FreedomVoice services established by these transactions are similarly flagged as potentially warranting referral reward.

Referred customers meriting reward are limited to unique customers from the Referrer, including but not limited to a unique business name, credit card, mailing address, billing address, and email address. Any such matching information between Referrer and referred party may result in disqualification of referral eligibility. Referral rewards are issued upon the referred customer maintaining in good standing 60 days of active FreedomVoice service.  An account in good standing is deemed at the sole discretion of FreedomVoice, including but not limited to:

Active service with no scheduled cancellation date
No nonpayment holds or other account suspensions
No chargebacks issued for invoices paid

There is no limit to the number of referrals that can be made or rewarded by FreedomVoice, unless it is deemed by FreedomVoice that the Referrer is not acting in good faith to provide valid referrals.  In such cases, FreedomVoice reserves the right to suspend referral rewards for the Referrer and any other usernames on associated FreedomVoice accounts.

The association of Referrer and referred party relies on browser cookies, and rewards may not be issued in the event the referred party has disabled or otherwise removed the associated browser cookie(s).

FreedomVoice reserves the right to terminate and/or modify the Referral Program at any time without prior notice. Referral rewards are non-transferable, non-assignable, and cannot be redeemed or exchanged for cash, credit, or other merchandise. If further action is required for reward issuance, the Referrer must complete the additional action within 30 days from initial notification of the request for further action, otherwise the Referrer will forfeit the pending reward. FreedomVoice partners, resellers, or associates are not eligible to earn rewards under this program.

Referrer is responsible for any and all tax liabilities associated with participation with the referral program, including the receipt of rewards.  This Referral Program is void where prohibited by law.

Participating in the FreedomVoice Referral Program does not constitute the establishment of any form of partnership, reseller agreement, or other joint business venture between the Referrer and FreedomVoice.

By participating in this Program, Referrer agrees to release and hold harmless FreedomVoice, as the operator of the program for FreedomVoice and their affiliates and subsidiaries, directors, officers, employees, consultants, and agents, and any other entity associated with marketing this program from any and all claims or damages arising out of, or in connection with the program. Referrer further agrees that the program and rewards are provided "as is where is". THERE ARE NO REPRESENTATIONS OR WARRANTIES INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES AND CONDITIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THIRD PARTIES RIGHTS, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF ONE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Section 11: Lawful and Appropriate Use / Denial of Access

You agree that you will not use the Services in violation of applicable law (e.g. no texting while driving, TCPA Violations, etc.) or to: (i) create or transmit any content or communications using the FreedomVoice App or Services that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by FreedomVoice in its sole discretion; (ii) send spam or advertisements in violation of applicable law or without the advance consent of the recipient; (iii) engage in bulk messaging, robocalling, auto-dialing, ID spoofing, or similar deceptive practices (the conduct in this subsection referred to as "Spam Attacking"); (iv) Toll Fraud and/or Traffic Pumping.
YOU AGREE THAT IF YOU ARE SPAM ATTACKING, SUCH CONDUCT WILL CAUSE SERIOUS DAMAGE TO FREEDOMVOICE AND, ON ACCOUNT OF THE GREAT DIFFICULTY OF ASCERTAINING THE AMOUNT OF SUCH DAMAGE, YOU AGREE TO PAY $500 PER CALL THAT CONSTITUTE SPAM ATTACKING (AS DEFINED ABOVE) AS LIQUIDATED DAMAGES AND YOU ACKNOWLEDGE AND AGREE THAT SUCH AMOUNTS ARE NOT A PENALTY AND CONSTITUTE A REASONABLE ESTIMATE OF THE LOSS THAT FREEDOMVOICE MAY SUFFER AS A RESULT OF SPAM ATTACKING.  FURTHERMORE, YOU AGREE TO REIMBURSE FREEDOMVOICE FOR ALL CHARGES RELATED TO TOLL FRAUD OR TRAFFIC PUMPING.
 
You hereby agree to indemnify and hold FreedomVoice harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning your use in any manner of the Services provided herein.  In the event that FreedomVoice is brought into or required to respond to any action arising from or concerning your activities, you agree to indemnify and hold FreedomVoice harmless from all arbitration, court and attorney's costs and fees. FreedomVoice  may immediately discontinue, disconnect, limit, or revoke the Services without notice or warning to you, if you, at the sole discretion and determination of FreedomVoice, cause any type of activity or load which is incompatible with FreedomVoice network, cause quality of service issues, or otherwise impair FreedomVoice’s ability to maintain or provide service to other customers. In the case that the Services are suspected of being misused by you, including for fraudulent activity, FreedomVoice reserves the right at its sole discretion to immediately terminate the Services and inform the public that the Services is believed to have been used for inappropriate business. In addition, FreedomVoice reserves the right to terminate your Services, with or without cause and with or without specifying any reason for termination. FreedomVoice shall not be liable for any direct or indirect damages resulting from a decision to terminate, discontinue, disconnect, limit, or revoke the Services with or without notice or warning or for informing the public about the possibility of inappropriate business.

Additionally, FreedomVoice may deny your access to Services without incurring any liability if:

• You have not paid the fees due for Services rendered hereunder, ten (10) days after you have received a notice of non-payment from us; or
• Your acts or omissions constitute a violation of, or a failure to comply with, any regulation governing the Services provided hereunder, but which violation or failure to comply does not constitute a material breach or does not pose any actual threatened interference with FreedomVoice’s provision of Services or operations. FreedomVoice will give you ten (10) days’ notice of such violation or failure to comply prior to the disconnection of service; or 
• The implementation of any order of a court of competent jurisdiction, or federal or state regulatory authority of competent jurisdiction, prohibiting the FreedomVoice from providing the Services; or
• Your failure to pay a previously owed bill on a different account.
• Fraudulent, otherwise abusive use of these Services or excessive use of the Services beyond normal business usage.

In the event your Services are disconnected by FreedomVoice for any of the reasons stated above you shall be liable for all unpaid charges due and owing to FreedomVoice associated with the Services.

Section 12: Limited Warranty; Exclusions

For equipment purchased directly from FreedomVoice by the Customer, FreedomVoice will pass on to the Customer any applicable manufacturer’s warranty with respect to such equipment.  For warranty repairs contact FreedomVoice for an RMA.  FreedomVoice will ship a replacement phone within one (1) business day of issuing an RMA number.  The Customer is responsible for returning the defective device within ten (10) business days of receipt of RMA number; otherwise the cost of the advance replacement phone will be invoiced to the Customer.

THE SERVICES ARE PROVIDED “AS-IS”. FREEDOMVOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FREEDOMVOICE DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST FREEDOMVOICE MUST BE MADE WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND FREEDOMVOICE SHALL HAVE NO LIABILITY THEREAFTER.

Section 13: Limitation of Liability

THE SERVICES, ALTHOUGH RELIABLE, ARE NOT GUARANTEED. LIABILITY FOR INTERRUPTION OF THE SERVICES AND/OR A LACK OF QUALITY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS AND OMISSIONS RELATING TO A DIRECTORY LISTING AND CNAM, SHALL BE LIMITED TO A MAXIMUM OF THE SUM OF TWO MONTHS OF CUSTOMER PAYMENTS FOR THE SERVICES. FREEDOMVOICE RESERVES THE RIGHT TO INTERRUPT THE SERVICES FOR MAINTENANCE AND SYSTEMS UPGRADES AT ITS DISCRETION. IN NO EVENT SHALL FREEDOMVOICE BE LIABLE FOR CLAIM OR LOSS, EXPENSE, OR DAMAGE (INCLUDING INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE) FOR ANY INTERRUPTION, DELAY, ERROR, OMISSION, OR DEFECT IN ANY SERVICES, FACILITY (INCLUDING SERVICES AND FACILITIES INVOLVED IN EMERGENCY CALLING ACTIVITY), OR TRANSMISSION PROVIDED UNDER THIS AGREEMENT, IF CAUSED BY (A) ANY PERSON OR ENTITY OTHER THAN FREEDOMVOICE; (B) BY ANY MALFUNCTION OF ANY SERVICES OR FACILITY PROVIDED BY ANY OTHER CARRIER; (C) BY AN ACT OF GOD, FIRE, WAR, CIVIL DISTURBANCE, OR ACT OF GOVERNMENT; OR (D) BY ANY OTHER CAUSE BEYOND FREEDOMVOICE’S  DIRECT CONTROL.

IN NO EVENT SHALL FREEDOMVOICE BE LIABLE TO YOU, YOUR EMPLOYEES, OR ANY THIRD PARTY PARTICIPATING IN CALLS WITH YOU OR THE YOUR EMPLOYEES FOR ANY DIRECT DAMAGES OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO EMPLOYEE OR THIRD PARTY CLAIMS, LIABILITY OR DAMAGES, ARISING OUT OF YOUR USE OF FREEDOMVOICE SERVICES TO MONITOR OR RECORD OUTBOUND OR INBOUND CALLS INVOLVING YOUR EMPLOYEES, CLIENTS, OR ANY THIRD PARTY, REGARDLESS OF WHETHER YOUR REPRESENTATIVES HAVE ADVISED SUCH THIRD PARTIES OF THE POSSIBILITY OF MONITORING OR RECORDING SUCH PHONE CONVERSATIONS, AND PARTICULARLY WHEN ANY EMPLOYEE OR THIRD PARTY CLAIM IS ATTRIBUTABLE TO YOUR ERROR OR OMISSION IN FAILING TO ADVISE OF THE POTENTIAL OR ACTUAL RECORDING OR MONITORING OF ANY CONVERSATIONS.

Section 14: Proprietary Rights; Restrictions

It is specifically understood and agreed that the Services and all programs and formats associated with the Services provided under these Terms and Conditions are FreedomVoice’s proprietary materials and information. It is also specifically understood and agreed that the Customer shall not, and shall not permit or encourage others to, without the prior written approval of FreedomVoice, copy, duplicate, communicate, disclose, modify, adapt, decompile, reverse engineer, disassemble, prepare derivative works of, or attempt to derive source code from the Services or any programs or formats associated with the Services covered by these Terms and Conditions.

Section 15: Right to Identify Customer

It is specifically agreed that FreedomVoice may identify the Customer as a customer of FreedomVoice and include the Customer’s name and any applicable logo in FreedomVoice’s marketing materials that identify FreedomVoice’s customers.

Section 16: 30-Day Cancellation Notice

Service may be cancelled by the Customer anytime upon 30 days’ notice to FreedomVoice’s Customer Care department. For the Customer’s protection, all requests to cancel the Service require that the Customer authorize the cancellation verbally by verifying account security information or by sending an e-mail to customer service from the e-mail address associated with your account.

Section 17: Customer Proprietary Network Information

Customer Proprietary Network Information (“CPNI”). FreedomVoice does not enable use, disclosure or permit access to CPNI for any marketing purposes to any persons, entities, parties outside of the company or its Affiliates without the specific consent of the customer that owns the CPNI data.  FreedomVoice does not and will not utilize, disclose or permit access to CPNI data to identify or track customers that call competing service providers.  If FreedomVoice requires customer consent for utilizing, disclosing or permitting access to CPNI data, the Company will obtain consent through written, oral or electronic methods.  Without such consent, FreedomVoice only uses CPNI in lawful ways, such as for billing and collection of Services rendered, protecting the Company’s rights and property, or providing customer information required by a Public Safety Access Point.
 
If you have any questions about our use of CPNI or our CPNI policy, please send an e-mail to Compliance@freedomvoice.com

Section 18: Governing Law; Dispute Resolution

These Terms and Conditions shall be governed by the laws of the State of California without regard to its conflict of laws principles.  The parties shall make diligent efforts through good faith negotiations to settle any disputes arising out of or related to these Terms and Conditions, including escalating the issues to their respective upper management levels.  If any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, is not able to be settled by such negotiations within 30 days after either party first requests in writing that such negotiations be undertaken, then upon either party’s request in writing to submit the controversy or claim to arbitration, such matter shall be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in San Diego, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, specific performance, or other equitable relief, as necessary to protect its proprietary information or other intellectual property rights, without breach of these Terms and Conditions and without any abridgment of the powers of the arbitrator(s).  The arbitrator(s) shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions including, but not limited to, any claim that all or part of these Terms and Conditions is void or voidable.  There shall be no right or authority for any claims to be arbitrated on a class action basis or otherwise in any representative capacity, and no claims may be joined or consolidated in arbitration with claims brought by or against any other parties, unless otherwise agreed to in writing by all parties.

In the event that any action is brought to enforce or construe any of these Terms and Conditions, or for the breach of these Terms and Conditions, or concerning the indemnification clause contained herein, the prevailing party shall be entitled to recover, in addition to all other damages, reasonable attorney’s costs and fees.

In the event that FreedomVoice deems it necessary to utilize the services of a collections agency to recover an unpaid amount due under these Terms and Conditions, FreedomVoice shall be entitled to recover any collections agency costs and fees, as they relate to this unpaid amount, as a condition for reinstatement of the Service.

Section 19: Regulatory Changes

To the extent that any Services provided hereunder are subject to the jurisdiction of the Federal Communications Commission (“FCC”) or any State Public Utilities Commission or other regulatory agency, these terms and conditions shall at all times be subject to changes, modifications, orders and rulings by the FCC and/or State Public Utilities Commission or other regulatory agency.  FreedomVoice  reserves the right to suspend, modify or terminate any Services without liability where any statute, regulation and/or ruling, including modifications thereto, by any regulatory agency (including the FCC), legislative body or court of competent jurisdiction, (i) prohibits, restricts or otherwise prevents FreedomVoice from furnishing such Services, or (ii) has a material negative impact on FreedomVoice’s performance hereunder.

Section 20: Entire Agreement

These Terms and Conditions contain the entire understanding and agreement of the parties with respect to its subject matter and supersede all prior understandings or agreements regarding such subject matter. In the event of any conflict between these Terms and Conditions and the terms of any purchase order or acknowledgement, these Terms and Conditions shall control.