Terms and Conditions
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These Terms and Conditions constitute the agreement (the “Agreement”) between 3VoIP.net, 1380 Rio Rancho Drive SE, #333, Rio Rancho, New Mexico 87124 (“us”, “our” or “we”) and the user (“you,” “your”, “user” or “Customer”) of 3VoIP.net’s business voice over Internet protocol (“VoIP”) communications services and any related products or services (“Service”).
For purposes of the Agreement, “you” means the customer, defined as either:
(i) the organization identified in our account records as responsible for payment of all charges; or
(ii) any other organization with actual or apparent authority to represent that person or to use the Service(s).
By executing the 3VoIP Data Proposal dated December 29, 2019 (the “Proposal”), the parties agree to the prices, charges, terms, and conditions in this Agreement. If you do not agree to these terms, do not execute the Albuquerque Telephone & Technology Voice and Data Proposal dated December 29, 2019.
The Agreement governs the Service and any devices, such as the Analog Telephone Adapter (“ATA”) or any other Internet protocol (“IP”) connection device (“Device” or “Equipment”), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and that you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter into this Agreement and become bound by its terms.
We may change the Terms and Conditions of the Agreement from time to time by giving 90 days’ prior written notice to you. All copyrights and service marks are our exclusive property unless otherwise specifically attributed.
Register, Confirm & Update Your Address
Customers must register their service address to activate 911 Dialing and update it if using the Service at another location. E911 automatically sends your number and address to emergency services; basic 911 does not.
Notify All Users
You must inform all persons using the Service of the limitations of VoIP 911 versus traditional landline 911.
Service Outages
911 Dialing will not function during power outages, Internet service disruptions, or if your account is suspended.
Re-Activation Required if You Change Your Number or Add or Port New Numbers
911 will not work with new or changed numbers until addresses are registered.
Disclaimer of Liability and Indemnification
We are not responsible for how emergency centers handle calls. Liability is disclaimed except in cases of gross negligence or willful misconduct.
Alternate 911 Arrangements
If you are uncomfortable with the limitations of VoIP 911, you should maintain alternate means (e.g., mobile phone or landline).
A. Term
Service begins on the date of the Proposal and renews monthly unless canceled with 30 days’ written notice.
B. Disconnect Fee
No disconnect fee applies.
C. Money Back Guarantee
30-day guarantee applies to one primary line, with conditions (500 minutes max usage, return of equipment, etc.).
D. Business Use of Service and Device – Prohibition on Resale and Definition of Proper Use
Service is for normal business use only. Resale, telemarketing, auto-dialing, etc., are prohibited.
E. Price and Charges Changes
Prices fixed for 3 years; adjustments may follow CPI-U or 3%.
F. Rounding Policy
Calls are billed in 60-second increments, rounded up to the nearest cent.
G. Calls to International Mobile Telephones or Special Services Numbers
Rates are higher for mobile and special services numbers internationally.
H. Additional Charges for Non-United States Service Numbers
Non-U.S. numbers incur additional activation and monthly fees.
I. Timing of Calls
Call timing begins when answered, or when carriers mark as answered.
J. Use of Service and Device Outside the U.S. and Canada
Use abroad is at your own risk and may violate local laws.
K. Loss of Service Due to Power Failure
Service does not work without power.
L. Copyright / Trademark / Unauthorized Usage
All marks, firmware, and software remain our property. Unauthorized use is prohibited.
M. Tampering with the Device
Altering device identifiers is prohibited and may lead to termination.
N. Theft of Service
You must notify us immediately if Service is stolen or used fraudulently.
O. Number Transfer on Service Termination
Numbers may be ported to another provider if your account is in good standing.
P. Service Distinctions
Service is not traditional telephone service and is subject to different regulation.
Q. Collect Calls, Operator Services, 900 Calls, x11 Calls
These services are not supported.
R. Ownership and Risk of Loss
You own the Device upon delivery and assume all risk of loss. Limited warranty applies.
S. No Directory Listing
Your numbers will not appear in directories unless ported from another provider.
T. Surcharges and Governmental Fees
We may pass along government-mandated charges.
U. Taxes and Tax Exemption
All applicable taxes are your responsibility unless a valid exemption certificate is provided.
Service cannot be used for unlawful purposes or prohibited international callback services. We may block traffic to prevent unlawful use, nonpayment, or network issues.
Charges are billed monthly to your credit card. Payments are due within 30 days. Late fees and collection costs may apply.
A. By You
After the 30-day guarantee, cancellation is allowed but no refunds are provided.
B. By Us
We may cancel immediately without notice for fraud, nonpayment, abuse, or violations.
Our liability is limited. We are not liable for indirect or consequential damages. You indemnify us against claims arising from your use of the Service.
A. Binding Arbitration
All disputes (except small claims) must be resolved by binding arbitration under the FAA. Class actions are not allowed.
B. Arbitration Information and Filing Procedures
You must first attempt to resolve disputes through customer support or written notice. If unresolved, arbitration may be filed with the AAA.
C. Fees and Expenses of Arbitration
Each party pays its own costs.
All information exchanged under this Agreement is confidential, with certain exceptions (public domain, prior possession, or lawful third-party disclosure).
A. Entire Agreement
This document supersedes all prior agreements.
B. No Obligation to Assist in Switching Carriers
We are not required to assist in moving your service to another provider.
C. Assignment
Neither party may assign the Agreement without written consent.
D. Notices
Notices must be in writing and delivered personally or by certified mail.
E. Force Majeure
We are not liable for events beyond our control.
F. No Waiver of Rights
Failure to enforce rights does not waive them.
G. Binding Effect
This Agreement binds both parties and successors.
H. Severability
Invalid provisions do not affect the rest of the Agreement.
I. Governing Law
The Agreement is governed by New Mexico and U.S. Federal law; arbitration by the FAA.
J. Survival
Provisions regarding payment, confidentiality, liability, and indemnification survive termination.
K. Headings of No Force or Effect
Headings are for reference only.
L. No Third-Party Beneficiaries
No third-party rights are created by this Agreement.