1. INTRODUCTION.
These Terms of Service (“Terms of Service” or “TOS”) constitute the agreement between Summit Voice LLC and the user of Summit Voice LLC’s communications services and any related products or services. This agreement governs both our service and any Summit Voice-approved devices used with our service. It applies to all lines on each Summit Voice LLC account. Summit Voice LLC is sometimes referred to as “we,” “us,” “our,” or “Summit Voice” and the user is sometimes referred to as “you,” “your,” “user,” or “customer”.
By subscribing to or using our service, including those services, features or functionality provided by means of mobile applications, you agree to these Terms of Service. All information linked to these Terms of Service is part of it.
The term of this agreement will be either month to month or for the term specified in the plan you select when you initiate service with us (the “Term”). The Term begins on your Order Date. If you or we change your plan, your Term and monthly rate may change (depending on the new plan), and additional terms and conditions associated with that plan, may apply. Your acceptance of service from us constitutes your agreement with, and acceptance of, our Reasonable Use Policy and our Privacy Policy.
From time to time we may make revisions to these Terms of Service, our Reasonable Use Policy, our Privacy Policy and other policies. We will provide notice of such revisions by posting revisions to our website, or sending an email to the email address that you provide to receive communications from us. You agree to visit our website periodically and to check your email box to review any such revisions. You also agree to notify us immediately of any changes to your email address. By continuing to use our services after revisions are effective, you accept and agree to abide by those revisions.
By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Summit Voice, including changes to these TOS, Reasonable Use Policy and Privacy Policy.
2. EMERGENCY SERVICES – 911 DIALING.
2.1 911 Dialing.
Summit Voice 911 service is different from traditional wireline 911 and cellular/wireless 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located, and the device used, when using your Summit Voice service.
2.2 Summit Voice 911 Disclosure Agreement.
Due to FCC rulings and regulations, all customers who are using Summit Voice service as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.
Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.
Enhanced 911 service is not available to every location within the United States at this time. For locations e911 is not currently available; you will be required to announce the location of your emergency to the PSAP dispatcher.
Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. Summit Voice will do everything within their power to prevent service outages within its network.
In order for e911 address information to be passed to your local PSAP dispatcher, you must provide Summit Voice correct location details to pass to the PSAP. Failure to provide these location details will result in a non-refundable $85 surcharge per 911 call.
By using Summit Voice’s Enhanced 911 service, Customer agrees that Summit Voice, it’s contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Summit Voice is not held liable for emergency calls failing, even if it is determined that it is the fault of Summit Voice or it’s associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Summit Voice 911 service of our limitations and make Customers agree to not hold Summit Voice or Customer liable.
Customer will be charged a regulatory recovery fee of $1.49 per month for each DID submitted to the e911 database. This fee is non-refundable. Failure to provide location details in order to enable e911 service will result in a non-refundable $85 surcharge per 911 call.
3. SERVICE.
3.1 Service Distinctions.
Our service may be subject to different regulatory treatment than traditional voice telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our service requires high speed broadband which we do not provide. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service, system maintenance or acts of God. We will act in good faith using commercially reasonable efforts to minimize disruptions to your use of and access to our service.
3.2 Residential Use of Service and Device.
Summit Voice’s residential and mobile unlimited service plans and features are only for normal residential or personal, non-commercial use. This means that only the account holder, residential family members, and those phone number(s) registered with Summit Voice by the account holder may use Summit Voice’s residential service plan. Residential family members refer to those members of your immediate family who reside in your personal residence – e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to extend the service or feature(s) to another residential number, all use under that service plan is aggregated and must conform to normal residential or personal, non-commercial use.
3.3 Small Business Plans.
a. If you subscribe to any of Summit Voice’s small business plans, we provide service, features and certain equipment to you solely for use as a small business user or domestic business traveler.
b. The following uses are not considered small business uses and are not permitted under small business plans: autodialing; continuous or extensive call-forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); delivery of unauthorized or unsolicited advertising, promotional materials or solicitations; fax or voicemail broadcasting; and fax or voicemail blasting.
3.4 Inconsistent with Normal Use.
If you use the service, any feature and/or any in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at Summit Voice’s sole discretion, to (a) pay the rates for the service, feature or plan that would apply to the way you used the service, feature or (b) terminate the plan. Lack of continuous dialogue activity, unusual calling patterns, excessive conferencing or call forwarding, excessive numbers dialed and/or consistent excessive usage will be considered indicators that your use may be inconsistent with normal use by other Summit Voice customers aggregating their usage under a similar service plan, or that impermissible use as set forth in Section 7 and/or in the Reasonable Use Policy may be occurring and may trigger an account review or further action by us.
Summit Voice may take appropriate steps to enforce these Terms of Service and our Reasonable Use Policy. We reserve the right to review your account and take further action if account usage is beyond normal standards, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If you fail to correct usage activity to conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable fees and taxes at the time your service is terminated. Summit Voice’s right to terminate your account under Section 4.3(b) (with or for no reason) is not limited by this provision.
3.5 No 0+ or Operator Assisted Calling; May Not Support x11 Calling.
Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service may support specified dialing such as 911 and 411. 411 charges may apply.
3.6 Directory Listing.
Not all phone numbers you get from us will have the ability to be listed by us in any telephone directories.
3.7 Incompatibility with Other Services.
(a) Non-Voice Equipment Limitations.
You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to security systems, TTY, other private telephone networks, fax machines, or computer modems. You waive any claim against Summit Voice for interference with or disruption of these services and equipment, as well as any claim that Summit Voice is responsible for any disruption to your business, if applicable.
(b) Certain Internet Service Providers.
You acknowledge that our service may not be compatible with certain Internet Service Providers (“ISPs”). There may also be other services with which our service may be incompatible. Some ISPs may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all ISPs and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.
3.8 Changes to Service Plans
Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described in other communications and materials made available to you in connection with your order or changes to your service. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law. If your calling plan has been changed this does not affect the terms of your existing service agreement.
4. LENGTH OF SERVICE.
4.1 Service Term.
We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (for example, one month or one year). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the Order Date. It is not the day you receive the equipment you ordered or the first time you use the service. Your service will continue until canceled by you or by us as provided for herein. Please note that your obligations begin on your Order Date and are indefinite.
4.2 Our right to disconnect service; upgrade software.
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice. A non-exhaustive list of instances where we may disconnect your service without notice includes unlawful or inappropriate use, non-payment, violation of laws of jurisdictions, inconsistent usage, and tampering.
4.3 Fees upon disconnection.
(a) Disconnection by you. If you cancel your service before the end of your billing cycle, there are no pro-rated refunds. Charges for any overages, payphone calls to Summit Voice toll free numbers, and out-of-plan international calls or any other features and services outside your rate plan are separately billed and charged to your selected payment method after cancellation.
(b) Disconnection by us without a reason. If we discontinue service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and, if applicable, any recovery and Early Termination Fees.
(c) Disconnection by us with a reason. If we disconnect your service for any of the reasons listed in section 4.2 above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any applicable disconnection, Early Termination Fees and any recovery fees.
(d) All charges owed at the time of disconnection will be immediately payable.
At the time of disconnection, we will immediately charge the credit or debit card you have provided to us for payment, or initiate an electronic funds transfer if that is your payment method, for all amounts due at that time. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
4.4 Service Disconnection on Number Transfer or “Port”.
(a) Single line Accounts.
You may be able to take, or “port,” your current number to another service provider. If you ask your new service provider to port a number from us, we will terminate our service for that number promptly after we receive notification from our carrier that the porting of your number to your new service provider has been completed successfully. We will terminate our service in this fashion even if you have not independently called us to request disconnection. Once your service is terminated in this manner, you will remain responsible for all charges and fees through the end of the current billing cycle, including any unbilled charges, as well as for any applicable recovery fees that may be applicable. If a port is unsuccessful for any reason, then unless you independently call us to request disconnection or unless we determine to disconnect your line as stated in these Terms of Service, your service and your agreement with us will not terminate, you will remain a Summit Voice customer, and you will continue to be responsible for all charges and fees associated with your Summit Voice service. You will continue to be responsible for all the charges and fees associated with the remaining services on your account.
4.5 Termination of Service.
In order to terminate your service, you must contact us, via telephone, in writing, or by email. If you decide to cancel your service with us, you must notify us to do so – simply disconnecting or returning your device to us will not cancel your service and you will remain responsible for all costs and fees associated with your account, including, but not limited to, monthly recurring fees for your service plan.
5. FEES, TAXES, AND OTHER CHARGES.
5.1 Fees and charges.
We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Where required by law, we will send notification of invoices to your email address on file with us. We reserve the right to determine billing frequency.
5.2 Billing increments.
We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.
5.3 Taxes
State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. We will bill these charges to your selected payment method according to the terms in this agreement. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date we receive your certificate.
5.4 “Toll Free” Charges.
If you use our “Toll Free Plus” feature, or any toll free feature that we offer in the future, we will recover from you any charges imposed on us either directly or indirectly for toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in any other way we decide is appropriate for the recovery of these costs.
5.5 Charges for Directory Calls (e.g., 411).
Any call placed to Directory Assistance (411, 1-XXX-555-1212) including Toll Free numbers (1-800-555-1212) will incur a $0.99 per call charge as the call will be routed to our national Directory Assistance call center.
5.7 Port Away Fees
At Summit Voice’s sole discretion, you may incur a port away fee for any DID number(s) leaving Summit Voice’s network as this is a pass-through charge from Summit Voice’s underlying carrier(s).
5.6 Activation Fees.
Unless such fee is changed or waived by us as part of an offer, we will charge you a one-time activation fee of up to $19.99 per line for residential and business accounts as well as any other activation fee that may apply to the particular features or service that you select.
5.7 No Credit Allowances or Refunds for Prepaid Service Plan Customers.
Subject to our Money Back Guarantee and law, we will neither credit nor refund any service fees or any other amounts you pay for any prepaid service plans.
5.8 No Credit for Non-Usage or Misdialing
Neither non-usage of the service nor misdialing while using the service entitle you to a credit for, or refund of, any portion of a payment made to us.
6. BILLING, PAYMENT, AND NOTICES.
6.1 Billing.
We will charge your method of payment in advance for each monthly service plan fee, associated taxes and surcharges. We will charge you in arrears for any usage and calls not covered by your plan, and immediately on disconnection for any accrued and unbilled amounts and recovery fees that are due.
6.2 Payment.
When you subscribe to our service, you authorize us to collect from your payment method, including, if applicable, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method.
6.3 Collection.
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
6.4 Notices.
You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, credit/debit card number and expiration date or other payment method information). You authorize Summit Voice to send you notices and information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.
6.5 Billing Disputes.
If you want to dispute any charges on your statement, you must notify Summit Voice within seven (7) calendar days after you receive your statement from your bank or credit card issuer. Financial regulations require you to notify your financial institution within sixty (60) days after you receive your statement and report any alleged errors to them within this timeframe. Please contact Summit Voice if you want to dispute any Summit Voice charges on your statement.
7. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
7.1 Lawful purposes only.
You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, fraudulent, improper or inappropriate.
7.2 Monitoring.
We may monitor the use of our service for violations of these Terms of Service. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or Summit Voice from harm.
7.3 Providing information to authorities and third parties.
If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities as required by law.
7.4 No Transfer of Service.
You are the sole account holder for the service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You are also responsible for all usage and charges on all devices and registered with Summit Voice, as well as charges for aggregated domestic and international usage made by you and others you have authorized to use your service. You may not resell or transfer your service or account or provide a telephone service to anyone else by using your Summit Voice service without first getting our written consent. In no event may your account be assigned to a non-U.S. resident.
8. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
8.1 AS IS Services.
You agree that our services are provided “as is,” except to the extent provided below.
8.2 No Warranties on Service or Software.
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service, software or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither Summit Voice or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer’s data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Summit Voice’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning our service or device, if any, by Summit Voice or Summit Voice’s agents or installers are informational and are not given as a warranty of any kind.
8.3 No Credit Allowances for Interruption of Summit Voice Service.
We will not provide credit for any interruption of Summit Voice service, including international calling services.
8.4 Limitation of Liability.
We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality that is caused by equipment failure, modification, relocation, or shortage, acts of God, acts of nature, loss of power, or any other cause that is beyond our control.
8.5 Disclaimer of Liability for Damages.
In no event will Summit Voice, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service, or delays in the delivery of emergency services accessed through the 911 dialing service, or to obtain emergency help. Summit Voice further disclaims any and all liability arising out of any resale, reuse, or refurbishment of the device without Summit Voice’s prior authorization. These limitations apply to claims founded in breach of agreement, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you however, with respect to 911 dialing and other aspects of Summit Voice’s service, there may be federal or state laws that exclude such damages and provide other protections to Summit Voice which Summit Voice does not waive or limit in any manner whatsoever.
8.6 Disclaimer of 911 Liability.
We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result or results in the delay of the delivery of emergency services. Neither Summit Voice nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.
8.7 Limit on total liability.
Our total liability under this agreement will not exceed the service charges for the affected time period. Summit Voice will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, wireless or cellular fees, or other wireline, broadband or internet service charges, technician charges, or other similar charges.
9. INDEMNIFICATION AND WAIVER OF CLAIMS.
9.1 Indemnification.
You shall defend, indemnify, and hold harmless Summit Voice and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
9.2 Waiver of Claim or Causes of Action.
You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
9.3 Content.
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.
9.4 Account Information.
You are liable for all damages and liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.
10. MISCELLANEOUS LEGAL CONSIDERATIONS.
10.1 Governing Law.
These Terms of Service are applicable for VoIP-based service initiated in the United States of America. For US based customers, the law of the state of your residence will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law.
10.2 Jurisdiction
Customer agrees to the exclusive jurisdiction of the courts of Denver County in the state of Colorado in the United States of America for any and all legal matters.
10.3 No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Summit Voice reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by Summit Voice under these Terms of Service and exercise of its rights are made and done in our sole and absolute discretion.
10.4 Third Party Beneficiaries.
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.
10.5 Entire Agreement.
This agreement, including any future modifications to its terms, and the rates for services either provided as an attachment to this agreement or found on our web site constitute the entire agreement between you and Summit Voice. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and Summit Voice. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
10.6 Severability.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
11. CHANGES TO THIS AGREEMENT.
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Summit Voice, including changes to this agreement. We may give you notice of a change by posting the change on the home page of SummitVoice.com, on your monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. When posted, this agreement supersedes all previously agreed to electronic and written terms of service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Summit Voice services. If you continue to use our service, we will consider this your acceptance of any changes.
12. PRIVACY
Summit Voice Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. Summit Voice is not liable for any lack of privacy which you may experience from using our service. Your acceptance of service from us constitutes your agreement with, and acceptance of, our Privacy Policy.
13. EXPORT CONTROLS
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.