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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.

  • CloudNumber Terms & Conditions

    The Terms and Conditions described herein, hereafter “Terms and Conditions,” apply to both FreedomVoice virtual phone services (e.g. “CloudNumber”) and FreedomVoice call capture services (e.g. “AdTrakker”), including all optional features and related services, hereafter referred to as “the Service,” as provided to a customer of FreedomVoice, hereafter referred to as “the Customer.”

    Section 1: Free Trial Period

    If the Customer has elected to activate the Service as part of a free trial offer, any charges for the Service’s monthly system rental, any selected options, and any usage within the included minutes of the Customer's calling plan will not be billed for the duration of the free trial period. This free trial period begins the day the Service is activated and is subject to the duration offered.

    On the day following the expiration of the free trial period, the Customer will be billed for monthly system rental, any optional features selected (including any one-time activation fees for vanity toll free numbers, 800 numbers, or transferred numbers), and minute charges for calls during the Customer's free trial in excess of included plan minutes or originating-from / forwarded-to locations outside of the Service’s domestic calling area.

    Section 2: Ongoing Payments

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

    • Exceeds the number of monthly minutes included with the Service, at a rate determined by the calling plan associated with the Service; or
    • 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 and Puerto Rico, with the exception that calls originating from or forwarded to Canada each carry a one-minute minimum billing.

    Section 3: Additional Charges; Price Changes

    Calls from payphones are blocked by default from connecting to any toll free numbers provided by FreedomVoice as these calls carry a 54¢ per-call surcharge as mandated by the FCC. If enabled, these surcharges are passed on to the Customer at cost.

    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 Service. Excess storage and/or bandwidth usage will result in an additional charge of $9.95 per month for each additional 2GB / 20GB block used. Taxes, duties and similar charges for both phones and the Service will be added where applicable and are payable by the Customer

    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.

    All prices are subject to change based upon actual usage and profitability. 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.

    Section 4: Maintaining Account Balance

    If the Customer is paying for the Service by credit card, all charges will be automatically deducted. Monthly rental/service fees are payable in advance of each month’s Service. Additional call charges and any other applicable charges are billed subsequent to the end of each month’s Service, except in the case that outstanding additional call charges 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 account to allow for settlement of charges.

    If the Customer is paying for the Service by check, the Customer is responsible for immediate payment of invoices. Returned checks will result in a $25 fee applied to the Customer’s account balance.

    Interruption of the Service may be experienced in the event that the account balance is not maintained in the manner described above. 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 Service is terminated, regardless of the reason for termination, the Customer agrees that any unpaid account balance is due immediately and must be paid in full as a condition for reinstatement of the Service. 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).

    Section 5: Number Portability

    Any toll free phone number ported in by the Customer for use with the Service 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 Service remain the property of the Customer and may be ported to another carrier of the Customer’s choosing as long as the Service remains active for the duration of the porting process. If the Customer cancels one or more ported-in toll free phone numbers from their Service or terminates the Service 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 Service, however, are included as an integral component of the Service as a bundled service 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 Service do not become the property of the Customer and their portability is not guaranteed.

    Section 6: Local Area Telephone Numbers

    If the Customer is a using local area telephone number(s) as part of the Service, this number will be assigned according to the proximity of the address the Customer provides to FreedomVoice. However, it is the Customer’s responsibility to confirm whether the number(s) are in the local calling area of the callers the Customer intends to reach with the Service (if desired). FreedomVoice does not assume responsibility for any of the Customer’s advertising cost losses due to a number not being within the local area of callers to the Service.

    Section 7:  Voicemail Transcription Fair Usage Policy

    The Fair Usage Policy (“policy”) that follows is intended to protect the low rates for voicemail transcription enjoyed by FreedomVoice customers utilizing this service. To avoid additional costs and rate increases, it becomes 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 service 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, at the sole discretion of FreedomVoice; suspension or termination of the feature; suspension or termination of FreedomVoice 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.

    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 without first receiving written permission from FreedomVoice.
    • 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 scenario.
    • 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.

    Section 8: Unlimited Voicemail Box Fair Usage Policy

    The Fair Usage Policy (“policy”) that follows is intended to protect the low rates for service enjoyed by FreedomVoice customers utilizing this service. 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 Service, 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 Service; 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 without first receiving written permission from FreedomVoice.

    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 Service to a Fair Usage threshold of two thousand (2,000) such voicemail boxes per instance of the Service. Any attempt to exceed this Usage 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 Fair Usage threshold.

    Section 9: Using Call Recording Features

    The Customer hereby expressly represents and agrees that, as a material condition to the use of FreedomVoice services, 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.

    In no event shall FreedomVoice be liable to the Customer, the Customer’s employees, or any third party participating in calls with the Customer or the Customer’ 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 the use by Customer of FreedomVoice’s services to monitor or record outbound or inbound calls involving Customer’s employees, Customer’s clients, or any third party, regardless of whether Customer’s 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 Customer’s error or omission in failing to advise of the potential or actual recording or monitoring of any conversations.

    The Customer agrees to indemnify, defend and hold harmless FreedomVoice and its officers, directors, employees, agents, shareholders, and business partners from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of Customer’s recording of employee or third party conversations, or any violation of federal or state laws governing monitoring or recording of telephone conversations and the requirement to obtain the prior consent of such persons. The provisions of this paragraph are for the benefit of FreedomVoice and its officers, directors, employees, agents, shareholders, and business partners, and FreedomVoice shall have the right to assert and enforce these provisions directly against Customer on behalf of FreedomVoice or such related parties.

    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

    It is specifically understood and agreed that the Customer shall be using the Service solely for lawful and appropriate purposes and the Customer hereby agrees to indemnify and hold FreedomVoice harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning the Customer's use in any manner of the Service provided herein. In the event that FreedomVoice is brought into or required to respond to any action arising from or concerning the Customer's activities, the Customer agrees 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 Service without notice or warning to the Customer should the Customer, at the sole discretion and determination of FreedomVoice, cause any type of activity or load which is incompatible with FreedomVoice's 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 Service is suspected of being misused by the Customer, including for fraudulent activity, FreedomVoice reserves the right at its sole discretion to immediately terminate the Service and inform the public that the Service is believed to have been used for inappropriate business. In addition, FreedomVoice reserves the right to terminate Service to Customer, with or without cause and with or without specifying any reason for termination, upon at least thirty (30) days' notice of termination to Customer. FreedomVoice shall not be liable for any direct or indirect damages resulting from a decision to terminate, discontinue, disconnect, limit, or revoke the Service with or without notice or warning or for informing the public about the possibility of inappropriate business.

    Section 12: Warranty Exclusions

    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 Service, although reliable, is not guaranteed. Liability for interruption of the Service and/or a lack of quality of the Service, 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 rental cost for the Service. FreedomVoice reserves the right to interrupt the Service for maintenance and systems upgrades at its discretion.

    FreedomVoice shall not be liable for any delay in the Service or performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, power failure, equipment failure, interruption of broadband or high-speed internet access, or other causes beyond the reasonable control of FreedomVoice.

    IN NO EVENT SHALL FREEDOMVOICE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE PROVIDED HEREUNDER, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF FREEDOMVOICE OR OTHERWISE, EVEN IF FREEDOMVOICE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

    Section 14: Proprietary Rights; Restrictions

    It is specifically understood and agreed that the Service and all programs and formats associated with the Service 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 Service or any programs or formats associated with the Service covered by these Terms and Conditions.

    Section 15: Changes to Service and Terms and Conditions

    FreedomVoice reserves the right to make changes to these Terms and Conditions or the Service as a result of changes in applicable regulations or for other reasons in FreedomVoice’s reasonable discretion. In the event of such changes, FreedomVoice will post the changes on “WebLink” or other web portal for using the Service, and the Customer’s continued use of the Service following notice of the changes will constitute the Customer’s consent to such changes.

    Section 16: 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 17: 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,

    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: 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.

  • CloudPhone Terms & Conditions

    The Terms and Conditions described herein, hereafter “Terms and Conditions,” apply to FreedomVoice CloudPhone service, including all optional features and related services, hereafter referred to as “the Service,” as provided to a customer of FreedomVoice, hereafter referred to as “the Customer.”

    Section 1: Included Hardware

    Our mission is to help small businesses start, run, and grow.  We know that paying for phone system hardware can be difficult for new or rapidly-growing companies, so we have decided to include phones for the Customer to use with the Service without needing to purchase them.  To this end, we have arranged to lease from a 3rd party the phones to be used with the Service by the Customer.  These phones are not the property of FreedomVoice and do not become the property of the Customer as part of the Service.  While the phones are included with the Service, the Customer is still responsible to pay any charges for shipping, handling, and any applicable taxes and/or regulatory fees.

    Upon request for cancellation of any or all seat/phone subscriptions of the Service for any reason, associated phones must be returned immediately by the Customer to:

    FreedomVoice
    169 Saxony Road #214
    Encinitas, CA 92024

    To help us continue this practice of helping small businesses with phones included with the Service, we must be able to reissue phones that have been returned.  As such, all phones must be returned in good and working condition with all components, including but not limited to the phone, cables, handset, and power supply, in order to process cancellation.

    If the associated phone(s) are not returned within thirty (30) days following request for cancellation, or if the phones are 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 phones as set by FreedomVoice.  If any components are missing in the return shipment, the Customer will be responsible to pay a recovery cost to replace said components as set by FreedomVoice.

    Section 2: Initial & Ongoing Payments

    The Customer’s initial rental payment for the Service will be due upon the expiration of any free trial period for the Service and will include the first month's rental fees for users, the first month’s rental fees for the selected calling plan, and the first month's rental fees for any options selected not already included in the Service. In the absence of an agreed-upon free trial period, these fees are due immediately at the start of the Service.

    On subsequent monthly intervals after the expiration of any free trial period (or in absence of such a period, the start of the Service), the Customer will be charged the ongoing monthly rental fees for the Service, the monthly rental fees for any options selected not already included in the Service, and usage charges for any calls in excess of the Customer’s selected calling plan or for any international calls not included in the unlimited calling plan. Included in the unlimited calling plan are calls to and from the Customer’s FreedomVoice phones that originate and terminate within the Continental U.S., AK, HI, Puerto Rico, Canada, and U.S. Virgin Islands.

    Section 3: Additional Charges; Price Changes

    Calls from payphones to any of the Customer’s toll-free numbers carry a 54¢ surcharge per call, mandated by the FCC, which is passed on to the Customer at cost. Some 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 Service. Excess storage and/or bandwidth usage will result in an additional charge of $9.95 per month for each additional 2GB / 20GB block used. Taxes, duties and similar charges for both phones and the Service will be added where applicable and are payable by the Customer. All prices are subject to change based upon actual usage and profitability. 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.

    Section 4: Maintaining Account Balance

    Monthly rental/service fees are payable in advance of each month's Service; additional call charges and any other applicable charges are billed subsequent to the end of each month's Service.

    If the Customer chooses to pay for the Service by credit card or ACH direct payment, all charges will be automatically deducted three (3) days following the generation of any invoice. It is the Customer’s responsibility to maintain sufficient balance on the provided account to allow for settlement of charges.

    If the Customer chooses to pay for the Service by check, the Customer is responsible for immediate payment of all invoices (Net 30). To pay by check, an initial deposit is required equal to the monthly rental/service fee on the account. Returned checks will result in a $25 fee applied to the Customer’s account balance.

    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.

    The Customer understands and agrees that awaiting any pending credit(s) to the Customer’s account is not sufficient cause to withhold payment for invoices. A late fee of 1.5% per month may be applied to any unpaid account balance along with a processing fee of $10 per month. Interruption of the Service may be experienced in the event that the account balance is not maintained in the manner described above.

    Section 5: Local Area Telephone Numbers

    Local area telephone numbers are assigned according to the proximity of the address the Customer provides to FreedomVoice. However, it is the Customer’s responsibility to confirm whether the number(s) are in the local calling area of the callers the Customer intends to reach with the Service (if desired). FreedomVoice does not assume responsibility for any of the Customer’s advertising cost losses due to a number not being within the local area of callers to the Service.

    Section 6: 911 Calls from Softphones

    As a provider of phone service accessible via softphone software, FreedomVoice has a responsibility to inform its customers that by not providing FreedomVoice the Customer’s current address, all 911 calls made through FreedomVoice service from a softphone will not be transferred to an emergency center near the Customer. Instead, all 911 calls made through softphones will be transferred to an emergency center near the Customer’s last registered address. For this reason, it is important for the Customer to provide FreedomVoice with the Customer’s current address every time the softphone is used from a fixed location.

    Section 7:  Voicemail Transcription Fair Usage Policy

    The Fair Usage Policy (“policy”) that follows is intended to protect the low rates for voicemail transcription enjoyed by FreedomVoice customers utilizing this service. To avoid additional costs and rate increases, it becomes 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 service 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 per extension. 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, at the sole discretion of FreedomVoice; suspension or termination of the feature; suspension or termination of FreedomVoice 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.

    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 without first receiving written permission from FreedomVoice.
    • 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 scenario.
    • 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.

    Section 8: Mobile App Fair Usage Policy

    The FreedomVoice mobile application is offered as added value 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 use of a desk phone. Fair usage for the mobile app therefore is one instance of a mobile app per seat for our CloudPhone service.

    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.

    Section 9: Using Call Recording Features

    The Customer hereby expressly represents and agrees that, as a material condition to the use of FreedomVoice services, 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.

    In no event shall FreedomVoice be liable to the Customer, the Customer’s employees, or any third party participating in calls with the Customer or the Customer’s 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 the use by Customer of FreedomVoice’s services to monitor or record outbound or inbound calls involving Customer’s employees, Customer’s clients, or any third party, regardless of whether Customer’s 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 Customer’s error or omission in failing to advise of the potential or actual recording or monitoring of any conversations.

    The Customer agrees to indemnify, defend and hold harmless FreedomVoice and its officers, directors, employees, agents, shareholders, and business partners from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of Customer’s recording of employee or third party conversations, or any violation of federal or state laws governing monitoring or recording of telephone conversations and the requirement to obtain the prior consent of such persons. The provisions of this paragraph are for the benefit of FreedomVoice and its officers, directors, employees, agents, shareholders, and business partners, and FreedomVoice shall have the right to assert and enforce these provisions directly against Customer on behalf of FreedomVoice or such related parties.

    Section 10: 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 11: 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 12: Lawful and Appropriate Use

    It is specifically understood and agreed that the Customer shall be using the Service solely for lawful and appropriate purposes and the Customer hereby agrees to indemnify and hold FreedomVoice harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning the Customer's use in any manner of the Service provided herein. In the event that FreedomVoice is brought into or required to respond to any action arising from or concerning the Customer's activities, the Customer agrees to indemnify and hold FreedomVoice harmless from all arbitration, court and attorney's costs and fees.

    FreedomVoice reserves the right to immediately discontinue, disconnect, limit, or revoke the Service without warning to the Customer should the Customer, at the sole discretion and determination of FreedomVoice, cause any type of activity or load which is incompatible with FreedomVoice’s network, causes quality of service issues, or otherwise impairs the ability of FreedomVoice to maintain or provide service to other customers. In the case that the Service is suspected of being misused by the Customer, including for fraudulent activity, FreedomVoice reserves the right at its sole discretion to immediately terminate the Service and inform the public that the Service is believed to have been used for inappropriate business. FreedomVoice shall not be liable for any direct or indirect damages resulting from a decision to discontinue, disconnect, limit, or revoke the Service with or without warning or for informing the public about the possibility of inappropriate business.

    Section 13: 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 1 business day of issuing an RMA number. The Customer is responsible for returning the defective device within 10 business days of receipt of RMA number; otherwise the cost of the advance replacement phone will be invoiced to the Customer.

    EXCEPT AS PROVIDED ABOVE, FREEDOMVOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT 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 OR EQUIPMENT 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 14: Limitation of Liability

    The Service, although reliable, is not guaranteed. Liability for interruption of the Service and/or a lack of quality of the Service, 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 rental cost for trunk lines and subscriber line fees for the Service. FreedomVoice reserves the right to interrupt the Service for maintenance and systems upgrades at its discretion.

    FreedomVoice shall not be liable for any delay in the Service or performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, power failure, equipment failure, interruption of broadband or high-speed internet access, late delivery by suppliers, or other causes beyond the reasonable control of FreedomVoice.

    IN NO EVENT SHALL FREEDOMVOICE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE OR EQUIPMENT PROVIDED HEREUNDER, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF FREEDOMVOICE OR OTHERWISE, EVEN IF FREEDOMVOICE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

    Section 15: Proprietary Rights; Restrictions

    It is specifically understood and agreed that the Service and all programs and formats associated with the Service 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 Service or any programs or formats associated with the Service covered by these Terms and Conditions.

    Section 16: Changes to Service and Terms and Conditions

    FreedomVoice reserves the right to make changes to these Terms and Conditions or the Service as a result of changes in applicable regulations or for other reasons in FreedomVoice’s reasonable discretion. In the event of such changes, FreedomVoice will post the changes on WebLink or other web portal for using the Service, and the Customer’s continued use of the Service following notice of the changes will constitute the Customer’s consent to such changes.

    Section 17: 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 18: 30-Day Free Trial for Service

    The Service is subject to a 30-Day Free Trial from the date the Customer places an order for the Service. If during that time the Customer is not fully satisfied with the Service, the Customer may cancel the Service and not be charged any monthly rental fees for the Service. After such 30 day period, the Customer may cancel the Service without refund upon 30 days written notice to FreedomVoice.

    Purchased hardware is not included in this 30-Day Free Trial and is subject instead to an independent 30-Day Money-Back Guarantee that does not require cancellation of the Service.

    Section 19: 30-Day Money-Back Guarantee for Hardware

    Hardware purchased directly from FreedomVoice is subject to a 30-Day Money-Back Guarantee from the date the Customer places an order for the Service. If during that time the Customer is not fully satisfied with any or all hardware, the Customer may return said hardware to FreedomVoice and FreedomVoice will refund the cost of said hardware less any shipping costs. After such 30 day period, hardware purchased at the time the Service is ordered may not be returned for a refund.

    Section 20: 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 to collect unpaid amounts due under these Terms and Conditions, or concerning the indemnification clause contained herein, FreedomVoice 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 21: Customer Proprietary Network Information Notice

    In providing services to you, FreedomVoice may collect certain information that is made available to us solely by virtue of our relationship with you, such as quantity, technical configuration, type, destination, location and amount of use of the telecommunications services you purchase. This information and related billing information is known as Customer Proprietary Network Information (CPNI).

    In order to better serve your communications needs and to identify, offer and provide products and services to meet your requirements, we require your permission to share CPNI information among our affiliates, agents and independent dealers who are responsible for supporting your account and as needed to provide such support.

    You have a right to keep your CPNI private by “opting out.” Unless you provide us with notice that you wish to opt out within 30 days of receiving this notice, we will assume that you give FreedomVoice the right to share your CPNI with the authorized affiliates, agents and independent dealers as described above. You may opt out by sending an email to developers@freedomvoice.com with the subject "I would like to OPT OUT of CPNI for (insert company phone number)".

    Furthermore, note that opting out will not affect the status of the services you currently have with FreedomVoice, but opting out may make it difficult for affiliates, agents and independent dealers to analyze and solve network and other issues related to your service and your user experience and call quality may be affected if these issues cannot be resolved.

    Please be advised that if you do not opt out, your consent will remain valid until we receive your notice withdrawing it. If you wish to withdraw your consent at any time, you may do so by sending an email to developers@freedomvoice.com with the subject "I would like to OPT OUT of CPNI for (insert company phone number)".

    So that your Service may continue to be used regardless of your opt in or opt out status, it is specifically understood and agreed that each of the persons corresponding to the password-protected user accounts created on a FreedomVoice account for use with the Service are automatically permitted to receive, upon verification of their user account password, the Customer’s Proprietary Network Information (CPNI).

    Section 22: 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.

  • CloudPBX Terms & Conditions

    The Terms and Conditions described herein, hereafter “Terms and Conditions,” apply to FreedomIQ and CloudPBX communication services from FreedomVoice, including all optional features and related services, hereafter referred to as “the Service,” as provided to a customer of FreedomVoice, hereafter referred to as “the Customer.”

    Section 1:  Initial and Ongoing Payments

    The Customer’s initial payment for the Service will be due upon the processing of the Customer’s order and will include startup fees, first month’s trunk line charges and subscriber line fees, the cost of the phones chosen, and the first month’s rental for any options selected not already included in the Service.

    At the time of placing an order for the 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 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.

    On subsequent monthly intervals after the Service Start Date, the Customer will be charged the ongoing monthly trunk line charges and subscriber line fees, the cost of any Overflow Trunk lines used during the previous month, the monthly rental for any options selected not already included in the Service, and for any international calls not included in the unlimited calling plan.  Included in the unlimited calling plan are Continental U.S., AK, HI, Puerto Rico, Canada, and U.S. Virgin Islands.

    Section 2:  Additional Charges; Price Changes

    All prices are subject to change based upon actual usage and profitability.  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.

    Overflow Trunk lines will be charged at $59 each.  

    Calls from payphones to any of the Customer’s toll-free numbers carry a 54¢ surcharge per call, mandated by the FCC, which is passed on to the Customer at cost. Some 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 Service. Excess storage and/or bandwidth usage will result in an additional charge of $9.95 per month for each additional 2GB / 20GB block used. Taxes, duties and similar charges for both phones and the Service will be added where applicable and are payable by the Customer.

    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.

    Section 3:  Maintaining Account Balance

    Monthly rental/service fees are payable in advance of each month’s Service; additional call charges and any other applicable charges are billed subsequent to the end of each month’s Service.
    If the Customer chooses to pay for the Service by credit card or ACH direct payment, all charges will be automatically deducted three (3) days following the generation of any invoice. It is the Customer’s responsibility to maintain sufficient balance on the provided account to allow for settlement of charges.

    If the Customer chooses to pay for the Service by check, the Customer is responsible for immediate payment of all invoices (Net 30). To pay by check, an initial deposit is required equal to the monthly rental/service fee on the account. Returned checks will result in a fee of $25 being applied to the Customer’s account balance.

    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.

    The Customer understands and agrees that awaiting any pending credit(s) to the Customer’s account is not sufficient cause to withhold payment for invoices. A late fee of 1.5% per month may be applied to any unpaid account balance along with a processing fee of $10 per month.

    NOTE:  Interruption of the Service may be experienced in the event that the account balance is not maintained in the manner described above.

    In the event that the Service is terminated, regardless of the reason for termination, the Customer agrees that any unpaid account balance is due immediately and must be paid in full as a condition for reinstatement of the Service. 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).

    Section 4:  Local Area Telephone Numbers

    Local area telephone numbers are assigned according to the proximity of the address the Customer provides to FreedomVoice.  However, it is the Customer’s responsibility to confirm whether the number(s) are in the local calling area of the callers the Customer intends to reach with the Service (if desired).  FreedomVoice does not assume responsibility for any of the Customer’s advertising cost losses due to a number not being within the local area of callers to the Service.

    Section 5:  911 Calls from Softphones

    As a provider of phone service accessible via softphone software, FreedomVoice has a responsibility to inform its customers that by not providing FreedomVoice the Customer’s current address, all 911 calls made through FreedomVoice service from a softphone will not be transferred to an emergency center near the Customer.  Instead, all 911 calls made through softphones will be transferred to an emergency center near the Customer’s last registered address.  For this reason, it is important for the Customer to provide FreedomVoice with the Customer’s current address every time the softphone is used from a fixed location.

    Section 6:  Voicemail Transcription Fair Usage Policy

    The Fair Usage Policy (“policy”) that follows is intended to protect the low rates for voicemail transcription enjoyed by FreedomVoice customers utilizing this service. To avoid additional costs and rate increases, it becomes 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 service 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 per extension. 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, at the sole discretion of FreedomVoice; suspension or termination of the feature; suspension or termination of FreedomVoice 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.
    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 without first receiving written permission from FreedomVoice.

    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 any other bulk call-in scenario.

    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.

    Section 7: Mobile App Fair Usage Policy

    The FreedomVoice mobile application is offered as added value 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 use of a desk phone. Fair usage for the mobile app therefore is one instance of a mobile app per subscriber line for our CloudPBX service.

    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.

    Section 8: Using Call Recording Features

    The Customer hereby expressly represents and agrees that, as a material condition to the use of FreedomVoice services, three (3) of the five (5) 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 (1) 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.

    In no event shall FreedomVoice be liable to the Customer, the Customer’s employees, or any third party participating in calls with the Customer or the Customer’ 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 the use by Customer of FreedomVoice’s services to monitor or record outbound or inbound calls involving Customer’s employees, Customer’s clients, or any third party, regardless of whether Customer’s 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 Customer’s error or omission in failing to advise of the potential or actual recording or monitoring of any conversations.

    The Customer agrees to indemnify, defend and hold harmless FreedomVoice and its officers, directors, employees, agents, shareholders, and business partners from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of Customer’s recording of employee or third party conversations, or any violation of federal or state laws governing monitoring or recording of telephone conversations and the requirement to obtain the prior consent of such persons. The provisions of this paragraph are for the benefit of FreedomVoice and its officers, directors, employees, agents, shareholders, and business partners, and FreedomVoice shall have the right to assert and enforce these provisions directly against Customer on behalf of FreedomVoice or such related parties.

    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.

    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 FreedomVoice Authorized Partner, and/or the Customer’s IT service provider.

    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 FreedomVoice Authorized Partner, and/or the Customer’s IT service provider 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

    It is specifically understood and agreed that the Customer shall be using the Service solely for lawful and appropriate purposes and the Customer hereby agrees to indemnify and hold FreedomVoice harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning the Customer’s use in any manner of the Service provided herein. In the event that FreedomVoice is brought into or required to respond to any action arising from or concerning the Customer’s activities, the Customer agrees to indemnify and hold FreedomVoice harmless from all arbitration, court and attorney’s costs and fees.

    FreedomVoice reserves the right to immediately discontinue, disconnect, limit, or revoke the Service without warning to the Customer should the Customer, at the sole discretion and determination of FreedomVoice, cause any type of activity or load which is incompatible with FreedomVoice’s network, causes quality of service issues, or otherwise impairs the ability of FreedomVoice to maintain or provide service to other customers.  In the case that the Service is suspected of being misused by the Customer, including for fraudulent activity, FreedomVoice reserves the right at its sole discretion to immediately terminate the Service and inform the public that the Service is believed to have been used for inappropriate business.  FreedomVoice shall not be liable for any direct or indirect damages resulting from a decision to discontinue, disconnect, limit, or revoke the Service with or without warning or for informing the public about the possibility of inappropriate business.

    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.

    EXCEPT AS PROVIDED ABOVE, FREEDOMVOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT 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 OR EQUIPMENT 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 (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR NINETY (90) DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND FREEDOMVOICE SHALL HAVE NO LIABILITY THEREAFTER.

    Section 13:  Limitation of Liability

    The Service, although reliable, is not guaranteed. Liability for interruption of the Service and/or a lack of quality of the Service, 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 (2) months’ rental cost for trunk lines and subscriber line fees for the Service. FreedomVoice reserves the right to interrupt the Service for maintenance and systems upgrades at its discretion.

    FreedomVoice shall not be liable for any delay in the Service or performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, power failure, equipment failure, interruption of broadband or high-speed internet access, late delivery by suppliers, or other causes beyond the reasonable control of FreedomVoice.

    IN NO EVENT SHALL FREEDOMVOICE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE OR EQUIPMENT PROVIDED HEREUNDER, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF FREEDOMVOICE OR OTHERWISE, EVEN IF FREEDOMVOICE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

    Section 14:  Proprietary Rights; Restrictions

    It is specifically understood and agreed that the Service and all programs and formats associated with the Service 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 Service or any programs or formats associated with the Service covered by these Terms and Conditions.

    Section 15:  Changes to Service and Terms and Conditions

    FreedomVoice reserves the right to make changes to these Terms and Conditions or the Service as a result of changes in applicable regulations or for other reasons in FreedomVoice’s reasonable discretion. In the event of such changes, FreedomVoice will post the changes on “WebLink” or other web portal for using the Service, and the Customer’s continued use of the Service following notice of the changes will constitute the Customer’s consent to such changes.

    Section 16:  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 17:  Thirty (30) Day Money-Back Guarantee for Service

    The Service is subject to a Thirty (30) Day Money-Back Guarantee for Services from the date the first device is activated on the account.  If during that time the Customer is not fully satisfied with the Service, the Customer may cancel the Service and FreedomVoice will refund all service costs less call charges. After such thirty (30) day period, the Customer may cancel the Service without refund upon thirty (30) days written notice to FreedomVoice.

    Purchased devices are not included in this Thirty (30) Day Money-Back Guarantee for Service and are subject instead to an independent Fifteen (15) Day Money-Back Guarantee for Devices that does not require cancellation of the Service.

    Section 18:  Fifteen (15) Day Money-Back Guarantee for Devices

    Devices purchased directly from FreedomVoice are 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 Device, the Customer may return the device and FreedomVoice will refund the cost of the device less any shipping costs.  After such fifteen (15) day period, purchased devices may not be returned for a refund.

    Section 19:  Devices Purchased as Part of the “Flex40” Program

    Customers purchasing any devices 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 Service.  The Customer may cancel the Service at any time with 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 phones purchased as part of the Flex40 program, and sixty (60) days of the monthly recurring charges for the Service.  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.

    Section 20:  Phone Rental Program

    Customers participating in the Phone Rental Program agree to a Service Term of twenty-four (24) months from the date of the initial agreement for the Service.  The Customer may cancel the Service and Rental Program at any time with 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 Service.  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 Service termination.

    Customer has the option to buy out the rented phones during the Service Term.  The buyout amount 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 buyout amount is twenty-five percent (25%) of the MSRP price of such phones.

    Customer has the option to buy out the rented phones after the initial Service Term.  The buyout amount for such phones shall be equal to twenty-five percent (25%) of the MSRP price of such phones.
    The Customer’s buyout of rental phones will not terminate the Service associated with such phones, and the Service will remain in effect following equipment purchase unless the Customer terminates such Service in accordance with Section 15 above.

    Section 21:  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 thirty (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 to collect unpaid amounts due under these Terms and Conditions, or concerning the indemnification clause contained herein, FreedomVoice 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 22:  Customer Proprietary Network Information Notice

    In providing services to you, FreedomVoice may collect certain information that is made available to us solely by virtue of our relationship with you, such as quantity, technical configuration, type, destination, location and amount of use of the telecommunications services you purchase. This information and related billing information is known as Customer Proprietary Network Information (CPNI).

    In order to better serve your communications needs and to identify, offer and provide products and services to meet your requirements, we require your permission to share CPNI information among our affiliates, agents and authorized FreedomVoice Partners who are responsible for supporting your account and as needed to provide such support.

    You have a right to keep your CPNI private by “opting out.” Unless you provide us with notice that you wish to opt out within thirty (30) days of receiving this notice, we will assume that you give FreedomVoice the right to share your CPNI with the authorized affiliates, agents and authorized FreedomVoice Partners as described above. You may opt out by sending an email to CPNI@freedomvoice.com with the subject “I would like to OPT OUT of CPNI for <insert company phone number>”.

    Furthermore, note that opting out will not affect the status of the services you currently have with FreedomVoice, but opting out may make it difficult for affiliates, agents and authorized FreedomVoice Partners to analyze and solve network and other issues related to your service and your user experience and call quality may be affected if these issues cannot be resolved.

    Please be advised that if you do not opt out, your consent will remain valid until we receive your notice withdrawing it. If you wish to withdraw your consent at any time, you may do so by sending an email to CPNI@freedomvoice.com with the subject “I would like to OPT OUT of CPNI for <insert company phone number>”.

    So that your Service may continue to be used regardless of your opt in or opt out status, it is specifically understood and agreed that each of the persons corresponding to the password-protected user accounts created on a FreedomVoice account for use with the Service are automatically permitted to receive, upon verification of their user account password, the Customer’s Proprietary Network Information (CPNI).

    Section 23:  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.