Volli Communications TOS End User

This Terms of Service (TOS) agreement sets forth the terms and conditions that govern your use of the SIP Trunking (Volli Connect) and UCaaS (Volli Business) services, as well as the E911 and eFax/Fax services offered by our company. By using any of these services, you agree to be bound by the terms and conditions of this TOS. Our company provides these services to help customers stay connected and communicate effectively. We strive to provide reliable and high-quality services, and this TOS is designed to ensure that our customers use our services responsibly and in compliance with all applicable laws and regulations.

This policy may be subject to change from time to time and the revised copy is effective immediately upon posting to www.vollicomm.com/legal/

Service Description

Our SIP Trunking and UCaaS services allow customers to make and receive phone calls using the internet, rather than traditional telephone lines. This means that customers can enjoy the flexibility and cost-effectiveness of internet-based communications, while still being able to make and receive traditional phone calls. The E911 service allows customers to make emergency calls and have the call routed to the appropriate emergency services. This service is critical for ensuring that our customers have access to emergency services in case of emergency. The eFax/Fax service allows customers to send and receive faxes electronically, which means that customers can send and receive faxes without the need for a physical fax machine. This service is convenient and efficient, as it eliminates the need to wait for documents to be delivered by mail or courier.

Use of Services

You agree to use our services only for lawful purposes and in accordance with applicable laws and regulations. This means that you must not use our services for any illegal or prohibited activities, such as sending spam or making harassing phone calls. You are responsible for ensuring that your use of the services complies with all laws and regulations, including, but not limited to, those related to data protection, privacy, and intellectual property. Our company takes compliance with laws and regulations very seriously, and we expect our customers to do the same. If we determine that a customer has used our services in violation of any laws or regulations, we reserve the right to terminate the customer’s use of our services.

Payment and Billing

You agree to pay for the services in accordance with the pricing and payment terms set forth on our website. We offer a variety of pricing plans to meet the needs of different customers, and we strive to be transparent and fair in our pricing and billing. We reserve the right to modify our pricing and payment terms at any time, and will provide notice of any changes on our website. We understand that billing can be a sensitive topic, and we want to make sure that our customers are satisfied with the billing process. If you have any questions or concerns about your bill, please contact our customer service team for assistance.

Intellectual Property

All intellectual property rights in and to the services and any related software, technology, or documentation are owned by us or our licensors. You agree not to use or reproduce any of our intellectual property without our prior written consent. This means that you must not copy, distribute, or use any of our intellectual property without our permission. Our company takes the protection of our intellectual property very seriously, and we will take legal action against anyone who infringes on our rights. We want to ensure that our customers use our services responsibly and do not misuse our intellectual property.

Termination

We reserve the right to terminate your use of the services at any time, for any reason, and without notice. This means that we can terminate your use of our services if you violate any of the terms of this TOS, or if we determine that your use of our services is causing harm or disruption to our network or other customers. We may also terminate your use of our services if you fail to pay for the services in accordance with the pricing and payment terms set forth on our website. In the event of termination, you will be responsible for paying any outstanding charges for the services.

If you wish to terminate your use of our services, you may do so by providing written notice to our customer service team. We will then process your request and cancel your account. Once your account is terminated, you will no longer have access to our services and will be responsible for any outstanding charges on your account.

Please note that termination of your use of our services does not relieve you of any obligations to pay any outstanding charges or fees related to your use of the services.

Overage Charges

Our services may be subject to additional charges if usage exceeds the limits included in your service plan. If you exceed your allotted usage, we will charge you additional fees for the overage at the rate specified in your service plan. These overage charges will be billed to the payment method on file for your account.

It is your responsibility to monitor your usage and ensure that you do not exceed your allotted usage. We will make reasonable efforts to notify you if you approach or exceed your usage limits, but we shall not be liable for any overage charges incurred by you.

You can view your usage and purchase additional usage at any time by logging into your account on our website. Any additional usage purchased will be applied to your next billing cycle.

Please note that any usage of our services while roaming may be subject to additional charges. It is your responsibility to check with your carrier for any roaming charges that may apply.

Please be aware that any services that are marketed as “unlimited” such as unlimited SIP trunking, will be considered to be 4000 minutes per trunk. Any usage that exceeds the 4000 minutes per trunk will be subject to overage charges.

We reserve the right to suspend or terminate your service if you incur excessive overage charges or if your usage is deemed to be excessive or unreasonable.

Service Level Agreement (SLA)

We are committed to providing our customers with the highest level of service. As part of this commitment, we provide a Service Level Agreement (SLA) of 99.999% for our services. This means that we guarantee that our services will be available and operational 99.999% of the time.

In the event that we fail to meet this SLA, we will provide you with a credit for the amount of service outage experienced. The credit will be applied to your next billing cycle and will be calculated as a percentage of the monthly service fee for the affected service, based on the length of the service outage.

To be eligible for a credit, you must notify us of the service outage within five (5) business days of the service outage. You must also provide all information requested by us to verify the service outage, including but not limited to, the date, time and duration of the service outage.

It is important to note that the SLA does not apply to service outages caused by (i) scheduled maintenance, (ii) your equipment or third-party equipment, (iii) failures of your internet service provider, (iv) acts of God, war, terrorism, riots, strikes or other similar events, or (v) any other cause beyond our reasonable control.

Disclaimer of Warranties

The services are provided “as is” and “as available” without any warranties of any kind, either express or implied. We do not guarantee that the services will be uninterrupted or error-free. We do not make any warranty that the services will meet your requirements or that the services will be suitable for any particular purpose. We also do not make any warranty as to the accuracy, completeness, or reliability of the services.

We make no representation or warranty that the services will be compatible with all devices or that the services will be available in all geographic locations. It is your responsibility to ensure that your device and internet connection meet the necessary requirements for using the services.

Limitation of Liability

We shall not be liable for any damages of any kind arising from your use of the services, including, but not limited to, indirect, incidental, punitive, or consequential damages. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the services.

You agree that we shall not be liable for any damages or losses arising out of or related to any unauthorized access to or use of your account or any other breach of security. It is your responsibility to ensure the security of your account and to notify us immediately if you suspect any unauthorized access or use.

Changes to TOS

We reserve the right to modify these TOS at any time, and will provide notice of any changes on our website. Your continued use of the services following any changes to the TOS will constitute your acceptance of the new terms. It is your responsibility to check for updates and changes to the TOS.

We may also make changes to the services at any time, with or without notice. We will use reasonable efforts to provide notice of material changes to the services that will have a significant impact on your use of the services. However, you agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services.

Governing Law

This TOS will be governed by and construed in accordance with the laws of the state in which our company is headquartered, without giving effect to any principles of conflicts of law. Any disputes arising out of or related to this TOS shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall take place in the city in which our company is headquartered.

You agree that any arbitration shall be on an individual basis and shall not be consolidated with any other arbitration or any other proceeding that involves any claim or controversy of any other party.

Contact Us

If you have any questions or concerns about this TOS or our services, please contact our customer service team. We are committed to providing excellent customer service and will do our best to address any issues you may have.

You can contact us by email, phone, or through the contact form on our website. We will respond to your inquiry as soon as possible and will make every effort to resolve any issues you may have.

Acceptance of TOS

By using our services, you confirm that you have read, understood, and agree to be bound by this TOS. If you do not agree to the terms and conditions of this TOS, you should not use our services.

You also agree to be bound by any additional terms and conditions that may apply to specific services or features of the services.

Entire Agreement

This TOS, together with our Privacy Policy, constitutes the entire agreement between you and our company regarding the use of the services. Any prior agreements, representations, or understandings, whether oral or written, are superseded by this TOS.

If any provision of this TOS is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any failure by us to enforce any provision of this TOS shall not be deemed a waiver of such provision or of the right to enforce it at a later time.

Entire Agreement

This TOS, together with our Privacy Policy, constitutes the entire agreement between you and our company regarding the use of the services. Any prior agreements, representations, or understandings, whether oral or written, are superseded by this TOS.

If any provision of this TOS is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any failure by us to enforce any provision of this TOS shall not be deemed a waiver of such provision or of the right to enforce it at a later time.

Survival

The provisions of this TOS which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Assignment

You may not assign or transfer any rights or obligations under this TOS without our prior written consent. We may assign or transfer this TOS or any rights or obligations under this TOS without your consent.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under this TOS arising from or caused by events beyond our reasonable control, including, without limitation, acts of God, acts of war, acts of terrorism, acts of civil unrest, acts of government, fire, flood, and other natural disasters.

Acknowledgment

By using the services, you acknowledge that you have read this TOS and understand it, and that you agree to be bound by its terms and conditions.

Terms of Service for e911 Services

Terms of Service for 911 and e911 Services 

Volli Communications, LLC (hereinafter referred to as “Volli Communications”) provides 911 and e911 services (hereinafter referred to as “911 Services”) to its customers. By using Volli Communications’ 911 Services, you (the “Customer”) agree to the following terms and conditions.

This policy may be subject to change from time to time and the revised copy is effective immediately upon posting to www.vollicomm.com/legal/

Limitations of 911 Services

Volli Communications’ 911 Services are provided solely as a convenience to the Customer. The Customer acknowledges and agrees that the 911 Services may not be available in all areas, or may be subject to limitations or disruptions. The Customer also acknowledges and agrees that 911 Services may not be accessible or may not function properly in the event of power failure, network congestion, or other similar disruptions.

911 acknowledgments

The customer acknowledges that the Supplier’s 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 the customer agrees to notify any potential user of the services, who may place calls using the customer’s services, of the 911 limitations described herein. The customer agrees to respond and affirmatively acknowledge that the Supplier has advised the customer of the circumstances under which the Supplier’s E911 service may not be available or may be limited in comparison to traditional 911 emergency dialing. The Supplier advises the customer to maintain an alternative means of accessing traditional 911 services.

Electrical power and internet access: The customer acknowledges that the services will not function in the absence of electrical power and if there is an interruption of the customer’s broadband or high-speed internet access service.

E911 service and charges: The Supplier’s E911 service is a mandatory component of all outbound voice service plans and is not offered on toll-free numbers or similar service accessories or add-on plans. The service is only available in selected areas and customers who subscribe to it will be required to register the physical location of their equipment with the Supplier, either on the secure member’s portal website or by calling customer support, and agree to update the location whenever the physical location of service changes. The customer acknowledges that the Supplier’s only mechanism for routing 911 calls to the correct emergency call taker is the physical location currently registered for the account. Customers who are required to subscribe to the Supplier’s 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 E911 Service is assessed on a “per-location record” basis (that is, per phone number basis), and will be set at a level that reimburses the Supplier for direct costs it incurs in providing E911 Service, including expenses it incurs, either directly or indirectly in 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 provision of Services customers subscribing this Service. The Supplier reserves the right to adjust level charges associated provision services reflect increases decreases costs incurs.

Emergency Calls

The Customer acknowledges and agrees that 911 Services are intended only for emergency calls and that any other use of 911 Services is strictly prohibited. The Customer also acknowledges and agrees that any misuse of 911 Services, including but not limited to prank or non-emergency calls, may result in the termination of the Customer’s account, and may also be subject to criminal and/or civil penalties.

Caller ID

The Customer acknowledges and agrees that 911 Services may not display the Customer’s telephone number or name to emergency services and that emergency services may not be able to locate the Customer’s physical location through 911 Services. The Customer is responsible for providing emergency services with their accurate location information in the event of an emergency call.

Liability:

Volli Communications shall not be liable for any damages, including but not limited to lost profits, business interruption, or loss of data, arising out of or in connection with the use or inability to use 911 Services. Volli Communications will make every effort to provide 911 Services without interruption, but cannot guarantee that 911 Services will be uninterrupted or error-free. The Customer acknowledges that 911 Services are dependent on various factors outside of Volli Communications’ control, including but not limited to the availability and reliability of the public switched telephone network, the availability and reliability of the Customer’s equipment, and the availability and reliability of the 911 Services provider.

The Customer agrees to indemnify and hold Volli Communications harmless from any claims, losses, damages, or expenses, including but not limited to attorney’s fees, arising out of or in connection with the Customer’s use of 911 Services, except in cases where the liability is caused by Volli Communications’ gross negligence or wilful misconduct. The Customer shall promptly notify Volli Communications of any claim or potential claim that may give rise to such liability.

It is further agreed that the liability of Volli Communications under this Agreement shall not exceed the amount paid by the Customer to Volli Communications under this Agreement during the 12-month period prior to the date of the claim.

This is a basic template and may not include all provisions that may be necessary for the specific circumstances of the arrangement between Volli Communications and the Customer. It is strongly recommended to consult with legal counsel to ensure that all necessary terms and conditions are included in the agreement and that it is in compliance with all applicable laws.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, USA, without giving effect to any principles of conflicts of laws.

Entire Agreement

This Agreement constitutes the entire agreement between Volli Communications and the Customer concerning 911 Services and supersedes all prior agreements and understandings, whether oral or written.

Modifications

Volli Communications reserves the right to modify this Agreement at any time, and the Customer agrees to be bound by any such modifications. Any modifications to this Agreement shall be effective immediately upon posting on Volli Communications’ website or upon notification to the Customer by email or regular mail.

Contact Information

For any questions or concerns regarding 911 Services, please get in touch with Volli Communications at legal@vollicomm.com.

Using Volli Communications’ 911 Services, the Customer acknowledges and agrees to the terms and conditions set forth in this Agreement.

Reasonable Use Policy (End User) Terms

Volli Communications presents this Reasonable Use Policy (“Policy”) to its customers as a guide to understand the intended and permissible use of our services and to prevent exploitation, fraud and abuse of our services. This policy may be subject to change from time to time and the revised copy is effective immediately upon posting to www.vollicomm.com/legal/

Prohibited Use

The customer agrees to use Volli Communications’ services solely for lawful purposes. Our services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.

Volli Communications reserves the right to terminate service immediately and without advance notice if the Customer violates the above restrictions.

Overage Charges

Volli Communications services may be subject to additional charges if usage exceeds the limits included in your service plan. If you exceed your allotted usage, we will charge you additional fees for the overage at the rate specified in your service plan. These overage charges will be billed to the payment method on file for your account.

It is your responsibility to monitor your usage and ensure that you do not exceed your allotted usage. We will make reasonable efforts to notify you if you approach or exceed your usage limits, but we shall not be liable for any overage charges incurred by you.

You can view your usage and purchase additional usage at any time by logging into your account on our website. Any additional usage purchased will be applied to your next billing cycle.

Please note that any usage of our services while roaming may be subject to additional charges. It is your responsibility to check with your carrier for any roaming charges that may apply.

Please be aware that any services that are marketed as “unlimited” such as unlimited SIP trunking, will be considered to be 4000 minutes per trunk. Any usage that exceeds the 4000 minutes per trunk will be subject to overage charges.

We reserve the right to suspend or terminate your service if you incur excessive overage charges or if your usage is deemed to be excessive or unreasonable.

Termination for Excessive Use

Volli Communications reserves the right to take immediate action, including but not limited to billing for overages at prevailing rates, suspension or termination of service, if it determines in sole discretion that the use of its service is at any time over the Acceptable Usage Pattern and it adversely affects the Volli Communications network and/or other Customers. Such action does not waive responsibility of any service or usage charges incurred by Customer up to and including the date of suspension or termination.