Privacy Policy:
CENTRICVOICE is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with CENTRICVOICE.

On various CENTRICVOICE web pages you can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of CENTRICVOICE products and services. In order to tailor subsequent communications and continuously improve products and services, CENTRICVOICE may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information.

CENTRICVOICE will not sell, rent, or lease your personally identifiable information to others. Unless required by law,

CENTRICVOICE will only share the personal data provided with business partners who are acting on our behalf to complete the activities you requested. Such business partners are governed by CENTRICVOICE's privacy policy with respect to the use of this data. Unless required by law, should a company not governed by CENTRICVOICE's privacy policy require your personal information; your permission will be initially obtained. If you choose to share such information, the use of that data will be governed by the company's respective privacy policy.

CENTRICVOICE uses your information to better understand customer needs and continuously improve the level of service provided. Specifically, your information is used to help complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize CENTRICVOICE's web site. Credit card numbers are used only for payment processing and are not utilized for other purposes.

From time to time, CENTRICVOICE may use your information to contact you for market research or to provide you with information thought to be of particular interest. At a minimum, you have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, CENTRICVOICE will also follow local requirements such as allowing you to opt in before receiving an unsolicited contact.

CENTRICVOICE strives to keep your personally identifiable information accurate. Every effort is made to provide you with online access to your registration data so that you may update or correct your information at any time.

CENTRICVOICE is committed to ensuring the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online. CENTRICVOICE uses encryption when collecting or transferring sensitive data such as credit card information.

Confidentiality:
"Confidential Information" is valuable confidential or proprietary information, in any form, of or about us, or our Services, customers or vendors that is not generally known by, or readily available to, the public. You may use Confidential Information solely for your internal purposes, and will only disclose such information internally on a need-to-know basis. You will use reasonable best efforts to protect Confidential Information from unauthorized use or disclosure. We may seek equitable relief (and any other remedies) to enforce this policy. For Confidential Information that is a "trade secret" (as defined by applicable law), your obligations under this policy will continue for the longer of: (i) 3 years after termination of this Agreement; or (ii) until such information is no longer a trade secret under applicable law. For all other Confidential Information, your obligations under this policy will continue during the term of this Agreement and for 3 years after termination of this Agreement. Our use of your information is governed by applicable law and our privacy policy posted on the Internet at www.CENTRICVOICE.com.

Password Policy:
Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. CENTRICVOICE will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised. You must notify CENTRICVOICE immediately if you believe your account may be compromised.

Email:
CENTRICVOICE communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All CENTRICVOICE Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your CENTRICVOICE email to your preferred account. You can set up or change your forwarding by logging into (CENTRICVOICE Portal) (login required). Your CENTRICVOICE email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.

Moderations of Use:

Bandwidth: Relating to ISP functionality CENTRICVOICE's bottom line is determined partially by the amount of bandwidth customers utilize when utilizing Internet Service or Shared Data Services. CENTRICVOICE can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. If you utilize any of your CENTRICVOICE services in a manner which consumes excessive bandwidth or affects CENTRICVOICE's core equipment, overall network performance, or other users' services, CENTRICVOICE may require that you cease or alter these activities.

CENTRICVOICE does not allow customers authoritative control of their own reverse DNS within the CENTRICVOICE.com or CENTRICVOICE.net domain.

The resale of services is strictly prohibited. Collection of service fees from third party customers on behalf of a CENTRICVOICE is allowed only if the primary account holder is duly authorized as a reseller.

CENTRICVOICE Residential Plan Brazil does not have restrictions or limitation on the quantity of calls or locations inside the designed geographic coverage. CENTRICVOICE Residential Plan Brazil has a usage pattern which is established by the average usage based on CentricVoice past and existing customer data of usage patterns, which are proprietary and/or under the Residential coverage plan at CentricVoice discretion. All minutes that exceed the standard and patterns of each plan will be charged according to the actual rate. Out of plan calls, such as, but not limited to cell phone, international calls, and etc are subject to charge.

CENTRICVOICE believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISP's, CENTRICVOICE allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations. Any service that causes a disruption in the network integrity of CENTRICVOICE or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any CENTRICVOICE servers, servers connected to a CENTRICVOICE provided Internet connection, or shared networks. CENTRICVOICE reserves the right to modify or terminate services at our sole discretion.

Acceptable Use Policy:
You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your CENTRICVOICE account services that are deemed to be in violation of our Acceptable Use Policy.

CENTRICVOICE vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify CENTRICVOICE's Abuse Department and appropriate action can be taken.

In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, CENTRICVOICE reserves the right to suspend and/or terminate your account and all CENTRICVOICE-provided services immediately, without advanced notice. CENTRICVOICE reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that CENTRICVOICE's determination is final and binding on you.

The following activities are considered in violation of CENTRICVOICE's Acceptable Use Policy:

Intellectual Property Rights Infringement

CENTRICVOICE respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, CENTRICVOICE, Inc.'s information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by CENTRICVOICE indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. CENTRICVOICE Inc.'s policy of service suspension or termination of members deemed to infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law.

Denial of Service
The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation.

Hacking
Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.

E-Mail Spam
Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of CENTRICVOICE's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.

Newsgroup Spam
Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation.

Dissemination of Viruses
Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation. Additionally, repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails to be sent to other customers or third parties is in violation.

Personnel Abuse
Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward CENTRICVOICE personnel are considered in violation and will not be tolerated.

Enhanced 911 (E911) Disclaimer:
The Federal Communications Commission (FCC) requires that CENTRICVOICE provide E911 Service to all End Users who use CENTRICVOICE services within the United States.

911 Acknowledgement And Warning Labels. End user acknowledges that CENTRICVOICE’s equipment and services do not support 911 emergency dialing or other emergency functions in the same way that traditional wireline 911 services work. The differences are detailed in this section 3 and end user agrees to notify any potential user of the services, who may place calls using end user's services, of the 911 limitations described herein. CENTRICVOICE will provide end user with advisory notices regarding 911 emergency dialing and request acknowledgments from end user. End user agrees to respond and affirmatively acknowledge that CENTRICVOICE has advised end user of the circumstances under which CENTRICVOICE E911 service may not be available or may be limited in comparison to traditional 911 emergency dialing. CENTRICVOICE advises end user to maintain an alternative means of accessing traditional 911 services.

Electrical Power. End user acknowledges that the services will not function in the absence of electrical power.
Internet Access. End user acknowledges that the services will not function if there is an interruption of end user's broadband or high-speed internet access service.
Non-Voice Systems. End user acknowledges that the services are not set up to function with outdialing systems including home security systems, medical monitoring equipment, tty equipment, and entertainment or satellite television systems. End user has no claim against CENTRICVOICE for interruption or disruption of such systems by the services.

CENTRICVOICE E911 service is a mandatory component of all inbound/outbound fax and voice service plans. E911 service is not offered on virtual numbers, toll-free numbers or similar service accessories or add-on plans. E911 service is only available in selected areas. End users who subscribe to CENTRICVOICE E911 service will be required to register the physical location of their equipment (dta or videophone) with CENTRICVOICE, either on the CENTRICVOICE.net website or by calling customer service, and agree to update the location whenever the physical location of service changes. End user acknowledges that CENTRICVOICE’s only mechanism for routing 911 calls to the correct emergency call taker is the physical location currently registered for the account. End user acknowledges and understands that any enhanced location information passed to an emergency operator by CENTRICVOICE will be based upon the physical location provided to CENTRICVOICE by end user. In the event that the physical location has not been updated or is not complete, CENTRICVOICE may attempt to route a 911 call based upon the bill-to or ship-to addresses associated with the end user’s account or initial order. 

End users who are required to subscribe to CENTRICVOICE E911 service will be subject to a monthly E911 service charge. The monthly E911 service fee shall be in addition to the applicable residential or business plan charges for the associated line. The monthly charge for CENTRICVOICE E911 service is assessed on a "per-line" (that is, per phone number basis), and will be set at a level that reimburses CENTRICVOICE for the direct costs it incurs in providing CENTRICVOICE E911 service, including expenses CENTRICVOICE incurs, either directly or indirectly, in the form of state, county or municipal E911 surcharges, E911 automatic location information (ali) database storage, line information database and caller id (lidb/cnam) expenses, and any other taxes or surcharges directly or indirectly associated with the provision of services to end users subscribing to this service. CENTRICVOICE reserves the right to adjust the level of charges associated with the provision of E911 services to reflect increases or decreases in the costs it incurs. (see section 11 regarding changes to the agreement, services or plan). 

End user also acknowledges that CENTRICVOICE E911 service has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. These characteristics may make CENTRICVOICE E911 services unsuitable for some end users. Because end user circumstances vary widely, end users should carefully evaluate their own circumstances when deciding whether to rely solely upon CENTRICVOICE E911 service. End user acknowledges that it is end user's responsibility to determine the technology or combination of technologies best suited to meet end user's emergency calling needs, and to make the necessary provisions for access to emergency calling services (such as maintaining a conventional landline phone or wireless phone as a backup means of completing emergency calls). The following characteristics distinguish CENTRICVOICE E911 service from traditional, legacy, circuit-switched 911 service: 

** CENTRICVOICE E911 service will not function if end user's dta, phone or videophone fails or is not configured correctly or if end user's CENTRICVOICE service is not functioning for any reason, including, but not limited to, electrical power outage, broadband service outage, or suspension or disconnection of service because of billing or other issues. If there is a power outage, end user may be required to reset or reconfigure the equipment before being able to use the CENTRICVOICE service, including for E911 purposes. 

** After initial activation of the E911 service, and following any change of and update to end user’s physical location, there may be some delay before the automatic number and location information is passed to the local emergency service operator. This information is typically populated into our nomadic E911 databases prior to service activation, but no guarantee can be made that the automatic number and location information will be activated within this schedule.
** The local emergency service operator receiving CENTRICVOICE E911 emergency service calls may not have a system configured for E911 services or be able to capture and/or retain automatic number or location information. This Means That the operator may not know the phone number or physical location of the person who is making the CENTRICVOICE E911 call. Due to technical factors in network design, and in the event of network congestion on the CENTRICVOICE network, there is a possibility that a CENTRICVOICE 911 call will produce a busy signal or will experience unexpected answering wait times and/or take longer to answer than 911 calls placed via traditional, legacy, circuit-switched telephone networks.

** If end user does not correctly identify the actual location where the CENTRICVOICE equipment will be located at the time of activation of the service, CENTRICVOICE E911 communications may not be directed to the correct local emergency operator.
End user acknowledges and understands that CENTRICVOICE will not be liable for any service outage and/or inability to dial 911 or any other emergency telephone number using CENTRICVOICE or to access an emergency service operator due to the 911 dialing characteristics and limitations set forth in this agreement. End user agrees to defend, indemnify, and hold harmless CENTRICVOICE, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to end user in connection with the services, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, end user or any third party or user of the service relating to the failure or outage of the service, including those related to 911 dialing.

Registration of Physical Location Required: For each phone number that utilizes the Service, you must register with CENTRICVOICE the physical location where you will be using the Service with that phone number. When you move your Equipment to another location, you must register your new location. If you do not register your new location, any call you make using the CENTRICVOICE E911 Service may be sent to an emergency center near your old address or the place where you last used the Service with your Equipment. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the “911” registration link on your CENTRICVOICE personal web account page www.CENTRICVOICE.com/myaccount.aspx . Any change in registered location will not be effective immediately. For purposes of the CENTRICVOICE E911 Service, you may register only one location at a time for each phone line you use with the Service.

 

Alternate 911 Arrangements: PLEASE NOTE: IF CENTRICVOICE E911 SERVICE IS NOT AVAILABLE IN YOUR AREA OR ON YOUR PARTICULAR PHONE NUMBER, THEN THERE IS NO WAY FOR YOU TO REACH EMERGENCY SERVICE BY DIALING 911. In addition, if you are not comfortable with the limitations of the CENTRICVOICE E911 Service where it is available, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.

By clicking on the "I Agree To The Terms of Service" and the "Confirm Order" buttons during the Sign Up process, and by continuing to use the Service and the 911 Service after a change or modification by the Company of these 911 Terms of Service, the Customer represents and warrants to the Company that the Customer has read these 911 Service Terms along with the Terms of Service (as they may be modified from time to time) and the Customer has determined that the Service and the 911 Service are suitable to the Customer's needs.
Local Number Portability:
In the event you are not utilizing a new phone number for your CENTRICVOICE services, but rather are transferring an existing phone number, which currently is subscribed to a carrier other than CENTRICVOICE for local, long distance and international telephone services, to CENTRICVOICE services, the terms and conditions of this paragraph shall apply:

 1. you hereby authorize CENTRICVOICE to process your order for CENTRICVOICE services and to notify your local telephone company of your decision to switch your local, local toll and long distance services to CENTRICVOICE services, and represent that you are authorized to take this action;

2. you agree and acknowledge that if you set up your phone equipment prior to the date that the number switch becomes effective ("Port Effective Date"), you may only be able to make outgoing calls over the phone you have connected. In such event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able to both make and receive calls using the CENTRICVOICE services; and

 3. you agree and acknowledge that if your phone equipment is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring may be disconnected and you may have no service for that line. Therefore, to avoid an interruption in your phone service, it is extremely important that you install the phone equipment prior to, or on, the Port Effective Date. An estimate of the Port Effective Date will be sent to you via e-mail by CENTRICVOICE following your completion of the ordering process.

Number Transfer on Service Termination
CENTRICVOICE may receive requests from other telephony providers (Requesting Party) acting as agents on your behalf to port a telephone number currently assigned to you to a third party provider ("Port-Out"). CENTRICVOICE will support all such requests and will cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party's reasonable directions and CENTRICVOICE's or its vendors' standard operating procedures. Note that you will be responsible for all monthly, usage and disconnect fees associated with your Service until the Port-Out date of completion or last date of your service period, whichever comes last.

CREDIT AND PAYMENT PROCEDURE
To receive credit for the Voice Service Guarantee, Customer must contact CENTRICVOICE and open a trouble ticket at the time of trouble. CENTRICVOICE applies service credits to the Customer's invoice within two (2) billing cycles.

Credits are based on the Customer's basic monthly recurring charges for CENTRICVOICE services and may arise from multiple service guarantees outlined in this SLA. The total combined credits applied to the Customer's CENTRICVOICE CENTRICVOICE services Service will not exceed the basic monthly recurring charges for any one calendar month.

For purposes of calculating Service Credit, one (1) day credit of the CENTRICVOICE service fee is equal to 1/30.33 of the monthly recurring CENTRICVOICE services Service charge at the time of the outage for the CENTRICVOICE Service Seats adversely affected.

The Customer will pay its entire service bill, and shall not setoff any Service Credits it would anticipate receiving from CENTRICVOICE. Customer shall cooperate with CENTRICVOICE in any Service Claim investigations.

To receive Service Credit, Customer must be in good financial standing with CENTRICVOICE and must be compliant with the terms and conditions of its CENTRICVOICE service agreement. A Customer's failure to comply, including without limitation a failure to pay charges on a timely basis, will invalidate the Guarantees.

Service Credits delivered as remedies in conjunction with this SLA represent CENTRICVOICE's sole responsibility and the Customer's sole remedy related to CENTRICVOICE's service.

 POLICY CHANGE

CENTRICVOICE reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on CENTRICVOICE's website.
Pricing Guarantee:
In the event that CENTRICVOICE's pricing increases, your monthly recurring charge will remain at the price set during order placement or special billing agreement for 12 months following your Activation Date. Additionally, if your account is invoiced quarterly, semi-annually or annually, you will receive your set monthly recurring charge until the end of the current payment period. This does not include new orders under the same name and/or location or new orders associated with a service relocation, nor orders for service changes that may be required if the desired service is not available due to technical or other reasons. Price changes for different packages at the same speeds, technologies, and throughput level are not included; one-time charges, applicable state and federal taxes, and promotional pricing are excluded. This guarantee only applies to the recurring broadband service charges.

Account Billing & Invoicing:
CENTRICVOICE reserves the right to perform a credit/background check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check.

 

Billing will commence on your Activation Date (i.e. The day our vendor declares your circuit installed, inbound switch completed, or your Email, Domain Hosting, or other service account created.) You will be financially responsible for all service time thereafter unless CENTRICVOICE is notified within a timely manner of an outstanding issue which CENTRICVOICE deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.

 

Business-class Bill Accounts will be mailed a monthly paper invoice free of charge unless alternative billing arrangements have been made. Bill Accounts that utilize auto payment through a credit card will have all payments charged to the credit card for CENTRICVOICE Services. Each month we will bill your card account for all charges arising during that billing cycle. Your initial use of the Service authorizes CENTRICVOICE to charge the credit card account that you provided to us when you subscribed for the Service. This will include any changed credit card account information given to us if the card expires or is replaced. This authorization will remain valid until 30 days after we receive your written notice terminating our authority to charge your credit card. We may terminate your Service at any time in our sole discretion if any charge to the credit card account that we have on file for you is declined or reversed, or in case of any other non-payment of account charges. In the event of any declined or reversed credit card payments, or in case of any other non-payment of account charges, you will remain fully liable to CENTRICVOICE for all charges accrued before termination and for all charges incurred by us owing to your non-payment. These include, but are not limited to, late fees equal to the lesser of 1.5% per month or the maximum allowed by law, collection costs, declined or reversed credit card expenses, and reasonable attorney’s fees and disbursements. This is in addition to any other remedies that may be available to us by law.

 

You are responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or any Equipment. Such amounts are in addition to payment for the Service or Equipment and will be billed to your account. If you are exempt from payment of such taxes, you must provide us with an original government-issued certificate attesting to tax-exempt status. In such a case, your tax exemption will apply only from and after the date we receive the qualifying tax exempt certificate. If we honor your tax exempt certificate, you agree to defend, indemnify and hold us harmless from and against any claims or penalties imposed against us by any taxing authorities in connection with your subscription for the Service or your use thereof. CENTRICVOICE charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.

 

Should you opt to terminate your CENTRICVOICE service(s), you must contact us via telephone on the effective date. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.

 

Accounts Receivable:

 

Bill Accounts will be invoiced 30 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. For example, if your Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee.

 

Bill Accounts that use credit cards for payment are automatically setup for autorenewal by default, using the credit card information provided during the order process. To update your credit card information please visit (CENTRICVOICE Portal) (login required). CENTRICVOICE will make every effort to process autorenew payments from your credit card or checking account 7 days prior to each invoice's due date. CENTRICVOICE reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of autorenew status, remains past due.

 

CENTRICVOICE reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Termination or Cancellation Fees will be applied and due at that time.

 

If you wish to reinstate service with CENTRICVOICE, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.
 
Liability & Limitations:

 

CENTRICVOICE is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other CENTRICVOICE customer, whether legal or illegal; or any other goods or services provided by CENTRICVOICE or any of its vendors. In no event shall CENTRICVOICE be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.

 

The technical support that CENTRICVOICE provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically detailed in this Agreement.
 
Force Majeure:
We will not be in violation of this Agreement or otherwise liable for any delay, failure to perform or equipment or property damage, loss, destruction or malfunction, or any consequence thereof, caused by anything beyond our reasonable control, including, without limitation, fire; earthquake; flood; weather; acts of God; labor disputes; utility curtailments; power failures; cable cuts; failure caused by telecommunications or other Internet provider(s); Handsets or other Services Related Products (including Mobile Related Products); worms, Trojan horses, viruses or other destructive code or software; explosions; civil disturbances; terrorism; vandalism; governmental actions; or shortages of equipment or supplies (collectively, "Events of Force Majeure").

 

Termination – Cancellation Policy:

 

It is the responsibility of the account holder to notify CENTRICVOICE of cancellation via phone “AND” email. CENTRICVOICE reserves the right to accept request for termination via email “AND” phone call but this type of request will not be deemed official until CENTRICVOICE acknowledges the termination request until the equipment is received, CentricVoice cannot complete the cancelation process. If the equipment is not returned within 7 business days after the cancelation request is submitted, an $89.95 fee will be charged per ATA for Residential customers. The equipment should be returned to 5001 LBJ Frwy Suite 275, Dallas,TX, 75244.
 

 

Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation.

 

CENTRICVOICE has the right to terminate your service at its sole discretion, as determined by CENTRICVOICE's Moderation of Use and Acceptable Use Policy. Customers within an active service term that are terminated due to violation of CENTRICVOICE's Moderation of Use and Acceptable Use Policy, elect Early Termination of their Agreement or Cancel their Agreement, the following charges will apply:

 

i. Cancellations within 30 days of order placement will not be subject to penalty. Cancellations Requested before the Activation Date and after 30 days from initial order placement will be subject to a Cancelation Fee of $29.95. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by CENTRICVOICE or its vendors due to technical limitations. If, after both parties have signed the Agreement, termination occurs before we install our equipment or activate the Services, you shall be liable for $1,000;

 

ii. If termination occurs during the Initial Term of this Agreement, you shall be liable for: (a) all outstanding nonrecurring fees plus (b) 100% of the Monthly Fees for each month, if any, remaining in the first year of the Initial Term, plus, if applicable, (c) 75% of the Monthly Fees for each month, if any, remaining in the second year of the Initial Term, plus, if applicable, (d) 50% of the Monthly Fees for each month, if any, remaining in the third year of the Initial Term;

 

iii. If termination occurs after the Initial Term of this Agreement, you shall be liable for: (a) all outstanding nonrecurring fees plus (b) 50% of the Monthly Fees for each month remaining in the applicable term, up to one year;

 

iv. If termination also occurs as to any CENTRICVOICE services, you shall be liable for an additional amount equal to the lesser of: (a) $500; or (b) $50 for each month remaining in the Initial Term or any Renewal Term of this Agreement.

 

All customers terminated for this reason are liable for any and all outstanding funds due to CENTRICVOICE at the time of service termination, including but not limited to rendered service, hardware and installation fees.

 

Final Qualification:
CENTRICVOICE is committed to providing quality Internet services. However, CENTRICVOICE is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.

 

Although CENTRICVOICE wishes to provide an equitable solution to every customer, we reserve final rights in providing service and final discretion in all decisions.

 

General:
You may order additional or different CENTRICVOICE Services after the date of this Agreement through our website, or by email, facsimile or telephone call to us. Except to the extent expressly governed by another agreement you sign with us, any additional Services that you order through whatever means will be governed by these Terms and Conditions, as modified by explicit terms for such additional Services posted on the Internet at www.CENTRICVOICE.com and incorporated herein by reference. Your use of any additional Services will be deemed to be your consent to comply with any additional terms and conditions.

 

i. This Agreement may only be amended by a written document that is signed by you and a CENTRICVOICE corporate officer at a level of Vice President or above. This Agreement contains our entire agreement about the Services and supersedes any prior agreements, understandings or arrangements, both written and oral. You may assign your rights under this Agreement as part of a change in control or ownership of your business or the entity that has signed this Agreement with us (whether by sale of stock or assets, reorganization, merger or otherwise) provided that (i) you are current on all payments (i.e. no balance older than 30 days) and (ii) the person(s) to obtain your rights under this Agreement (x) agree(s) with us in writing to assume all of your obligations under this Agreement and (y) meet(s) the creditworthiness and other preconditions that would apply at the time to a new customer under similar circumstances. If all preconditions in (i) and (ii) are not met, we may treat the Agreement as terminated and, in addition to all other rights, charge you Early Termination Charges as of the date of the change of control or ownership.

 

ii. Any party to this Agreement will be considered to have given up or waived its right to require strict performance and compliance by the other party only when it has signed a written agreement or acknowledgement waiving that strict performance and compliance in any instance. Any written waiver in any one instance will not apply to any other or later non-performance or non-compliance by the other party.

 

iii. Any controversy or claim arising out of or relating to this Agreement will be settled only by arbitration to be held and administered in the county of your Service Address or Dallas County, Texas, by the American Arbitration Association under its Commercial Arbitration Rules. A single arbitrator will conduct the arbitration. Within 30 days of the filing of a claim, both parties must select an arbitrator, who must be a licensed attorney with telecommunications experience. If the parties cannot agree on an arbitrator, then the parties will each select an arbitrator, and those two arbitrators will, in turn, select a third arbitrator, who is a licensed attorney with telecommunications experience, and only such third arbitrator shall conduct the arbitration. The arbitrator will conduct the arbitration so as to reach a final decision within 90 days of the filing of the claim. Each party will petition the arbitrator, and request an arbitration schedule, so that they can complete the arbitration within 90 days of the filing of a claim, and each party will otherwise diligently pursue completion of the arbitration within that time or as soon as possible thereafter. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction in the county of your Service Address or Dallas County, Texas. Each party will bear its own expenses for the arbitration, unless otherwise ordered by the arbitrator. The parties will engage in discovery in the arbitration pursuant to the Federal Rules of Civil Procedure, except that the discovery period will be 60 days. No claim or action shall be submitted to arbitration if that claim, action or dispute involves any action for injunctive relief or to collect any debt. Any claim or cause of action for injunctive relief or to collect any debt will be severed from any arbitration claims arising from this Agreement and will be adjudicated in any court of competent jurisdiction.

 

iv. In any action for injunctive relief or to collect any debt, each party consents to the exclusive jurisdiction of the state and federal courts having jurisdiction in the county of your Service Address or Dallas County, Texas. This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict of laws principles, and is subject to any federal, state or local tariffs that may apply. If any conflict should arise between the terms of this Agreement and an applicable tariff or addendum, you agree that the terms of the applicable tariff or addendum shall control.

 

v. You acknowledge that future rules, tariffs, regulations, orders, treaties or other laws promulgated, enacted, or entered into by international, federal, state or local legislatures, agencies, governments or other regulatory bodies may affect your or our respective rights or obligations under this Agreement. If any such future action adversely affects CENTRICVOICE's rights or obligations under this Agreement, then we may require, upon 30 days notice to you, that the parties renegotiate this Agreement in good faith to address the effect of such actions. Your failure to do so will be deemed to be your termination of this Agreement, subjecting you to Termination and Cancellation Fees.

 

vi. If an arbitrator or court should declare any one provision of this Agreement to be invalid, then the other provisions will remain in effect and the parties will work in good faith to agree to a replacement provision that has the same or similar intent as the original provision. This Agreement is for the sole benefit of you and CENTRICVOICE, and no other person.

 

vii. All notices under this Agreement must be in writing, with all notices to us to be sent to: CENTRICVOICE Communications Inc., Attn: Customer Care, 5001 LBJ Freeway Suite 275, Dallas, TX 75244 or to any other address that we may notify you or post on our web site.