The agreement between you and New Call Enterprises governing use of the Service.
These Terms of Service constitute the agreement ("Agreement") between New Call Enterprises ("we," "us" or "NCE") and the user ("you," "user", "Customer" or "Subscriber") of NCE's business services and any related products or services ("Service").
This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. If you purchased Equipment from a dealer, retail store or other provider other than NCE, you are a "Retail Customer" for purposes of this Agreement.
By activating or using the Service, you represent that you are of legal age to enter into this Agreement and that you have read, understand and fully accept the terms and conditions of this Agreement.
The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as "911 Dialing" which is a limited emergency calling service available only on NCE-certified Devices or Equipment. The 911 Dialing feature may not work at all when used in conjunction with a Soft Phone, Virtual Numbers or Subscriber-provided Customer Premise Equipment. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each NCE phone number that you obtain. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the NCE 911 Dialing feature. The documentation that accompanies each Device should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the "911 Sticker"). It is your responsibility to place the 911 Sticker on each Device you use with the Service. If you did not receive a 911 Sticker, or require additional ones, please contact our customer care department.
For each phone number that you use for the Service, you must register with NCE the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. 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 NCE web account dashboard features page. You may only register one location at a time for each phone line you use with the Service.
Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.
We contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.
(a) Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
(b) Internet Outage or Suspension/Termination of Broadband or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.
(c) Suspension or Termination of Your NCE Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning.
(d) ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, your Service, including 911 Dialing, may not function. You acknowledge that NCE is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service which may result. You will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning.
911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
It may or may not be possible for local emergency personnel to automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed, is dropped or disconnected, if you are unable to speak, or if the Service is not operational for any reason.
In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator will not have this information.
We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls, and disclaim any and all liability or responsibility in the event such third-party data used to route calls is incorrect or yields an erroneous result. Neither NCE nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless NCE, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to use 911 Dialing or access emergency service personnel.
If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.
Service is offered on a monthly or multi-month basis as determined in your Service activation or order form, or via our online ordering process. The term begins on the date NCE activates your Service and ends on the day before the anniversary date of your Term. Subsequent terms automatically renew on a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms — if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month's charges if you do not provide the requisite ten-day notice of termination. Expiration or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have used the Service or Device for any of the aforementioned or similar activities.
For Service-only customers, you are responsible for supplying, operating and supporting the Customer Premise Equipment used with the Service. Any customer-supplied equipment must be pre-approved by NCE in writing. The same resale, transfer, and prohibited-use restrictions in Section 2.3 apply.
(a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including unbilled charges, plus a termination fee, if applicable. If we believe you have used the Service or Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities, and you hereby consent to this. NCE will also provide information in response to law enforcement requests, subpoenas, and court orders, to protect its rights and property, and where failure to disclose may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or similar. The same termination, disclosure, and cooperation-with-authorities provisions described in (a) apply.
We do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or Device outside of the United States or Canada.
(a) Copyright; Trademark. The Service, Device, and any firmware or software used to provide the Service, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage. You have not been granted any license to use the firmware or software used to provide the Service, other than a nontransferable, revocable license to use such firmware or software in object code form (without modification) strictly in accordance with this Agreement. The Device is exclusively for use in connection with the Service, and we will not provide passwords, codes or other information that would enable you to use the Device for any other purpose. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
You shall not change the electronic serial number or equipment identifier of the Device or perform a factory reset without our prior written consent. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service inconsistent with its intended purpose.
You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware that your Service is being stolen, fraudulently used or otherwise used in an unauthorized manner, providing your account number and a detailed description of the circumstances. Failure to do so in a timely manner may result in termination of your Service and additional charges. Until we receive notice, you will be liable for all use of the Service using a Device stolen from you and any stolen, fraudulent or unauthorized use of the Service.
Does not apply to customers who use Devices not provided by NCE directly.
(a) Retail Customers. A Retail Customer may only return the Device to the retail store, dealer or other provider from which it was purchased, subject to that provider's return policy. We will not accept any Device returned to us from a Retail Customer.
(b) Non-Retail Customers. Non-Retail Customers may return the Device to us within fourteen (14) days of the termination of Service to receive a credit for any termination fee (see Section 3.6), provided that: the Service is terminated within the first thirty (30) days following activation; the Device is in original condition, reasonable wear and tear excluded; original proof of purchase, packaging, parts, accessories and documentation are returned with the Device; you obtain a valid return authorization number from our customer care department (support@ncevoip.com or 786-384-6007) before returning the Device; and you pay all costs of shipping the Device back to us. If you disconnect multiple lines, we will issue a credit for all termination fees upon receipt of all Devices in accordance with these requirements. If you receive cartons or Devices that are visibly damaged, note the damage on the carrier's freight bill and keep the original carton, packing materials and parts intact, and contact our customer care department immediately.
Upon termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number you ported to us if: your new provider can accept the number; your account has been properly terminated; your account is completely current, including payment for all charges and applicable termination fees; and you request the transfer upon terminating your account.
The Service is not a telecommunications service and we provide it on a best-efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide, and the Service is subject to different regulatory treatment, which may limit or otherwise affect your rights of redress before regulatory agencies.
You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) it is returned to us in accordance with this Agreement.
The Service does not support 0+ or operator assisted calling (including collect calls, third-party billing calls or calling card calls), and may not support 311, 511 and/or other x11 services (other than 911 and 411) in one or more service areas.
Phone numbers you obtain from us will not be listed in any telephone directories. Numbers transferred from your local phone company may be listed. Someone with your phone number may not be able to use a reverse directory to look up your address.
(a) Security Systems. The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for a security system. You are responsible for contacting the alarm monitoring company to test compatibility with the Service.
(b) Certain Broadband and Cable Modem Services. The Service presently may not be compatible with some broadband services, and some providers may provide modems that prevent transmission of communications using the Service. We do not warrant compatibility with all broadband services and expressly disclaim any express or implied warranties regarding compatibility.
When the Service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your card expires, your account closes, your billing address changes, or your card is canceled and replaced, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except usage-based charges, billed monthly in arrears) to your card, including activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, termination fees, and shipping and handling charges. Fees and charges are published on our website and may change from time to time. Monthly invoice notifications are sent via your email address on file. We reserve the right to bill at more frequent intervals if the amount you owe exceeds $250. Usage charges are billed in increments rounded up to the nearest minute except as otherwise set forth in our rate schedules.
You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any NCE charges, or you will be deemed to have waived any right to contest such charges. Notices of disputed charges should be sent to: Customer Care Billing Department, New Call Enterprises, 12912 SW 133rd Ct Suite A, Miami, FL 33186, or billing@ncevoip.com.
(a) Payment. We only accept payment by credit or debit card unless other payment terms have been explicitly agreed to in writing. Your subscription authorizes us to charge your card, and this authorization remains valid until 30 days after we receive written notice from you terminating our authority to charge, whereupon we will charge your card for the termination fee, if applicable, and any other outstanding charges and terminate your Service. We may terminate your Service at any time, in our sole and absolute discretion, if any charge is declined or reversed, your card expires without a valid replacement provided, or in case of any other non-payment.
(b) Collection. If your Service is terminated, you remain fully liable to us for all charges under this Agreement and any costs we incur to collect such amounts, including collection costs and attorney's fees.
We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of this Agreement, you will be responsible for the full month's charges to the end of the current term, including unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
You are responsible for all applicable federal, state, provincial, 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 arising from your subscription, use, or payment for the Service or a Device. These amounts are billed to your credit card as set forth in this Agreement. If you are exempt from such taxes, you must provide an original certificate satisfying applicable legal requirements; exemption applies only from and after the date we receive such certificate.
You may be charged a termination fee specified per phone number or device, and the full retail price for each Device supplied by NCE, if your Service is terminated for any reason during the Term following activation.
We offer Business subscribers a 30-day money-back guarantee from the date of activation of Service. This applies only to the first-ordered service package, not to additional or secondary orders. We will refund the activation fee and first month's monthly charge provided you have not exceeded 2,500 minutes of usage and you cancel your Service within the 30-day period. Federal excise taxes and any other applicable taxes cannot be refunded, and you remain responsible for usage fees including local or international usage, calls to NCE toll-free numbers, and directory assistance. We reserve the right to terminate or revoke this money-back guarantee at any time, without prior notice.
If you use our "Toll Free" feature or any toll-free feature we offer in the future, we are entitled to recover from you any charges imposed on us in connection with toll-free calls made to your number, by means of a per-call charge or other fashion we deem appropriate.
We will charge you a specified amount for each call made to NCE directory assistance.
We will charge you per minute for each caller who calls into your conference bridge. Your Conference Bridge per-minute usage fee will be the lower of (i) 3.9 cents per minute, or (ii) the per-minute fee determined in your Service Activation Form or online order form, calculated based on all participants, on-network and off-network.
We will not be liable for any delay or failure to provide the Service, including 911 Dialing, or any interruption or degradation of voice quality caused by: an act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure, upgrade, modification, or shortage; force majeure events (acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, government actions); equipment or facility relocation; service failure caused by loss of power to you; outage of, or port blocking by, your ISP or broadband provider or other third-party impediment; any act or omission by you or any person using the Service or Device; or any other cause beyond our control. Our aggregate liability under this Agreement will in no event exceed the Service charges with respect to the affected time period.
In no event will NCE, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with the Service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other 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 the Service, including inability to access emergency service personnel through the 911 Dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability, and apply whether or not we were informed of the likelihood of any particular type of damages.
(a) Indemnification. You shall defend, indemnify, and hold harmless NCE, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
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, or any warranty that the Service will meet your requirements. We do not warrant that the Service or Device will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data or information. Neither NCE nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to you in connection with the Service, will be liable for unauthorized access to transmission facilities or premises equipment, or for unauthorized access to, or alteration, theft or destruction of, your data files, programs, procedures or information through accident, fraudulent means or any other method, regardless of whether such damage occurs as a result of NCE's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device by NCE or its agents or installers are informational and are not given as a warranty of any kind.
(a) Limited Warranty. If you received the Device new from us and it included a limited warranty at the time of receipt, refer to the separate limited warranty document provided with the Device; remedies for breach of any such warranties are limited to those expressly set forth in that documentation.
(b) No Warranty. If your Device did not include a limited warranty from us, you are accepting the Device "as is" and are not entitled to replacement, repair or refund in the event of any defect.
(c) Disclaimer. Other than warranties expressly set forth in the Device documentation, we make no warranties of any kind, express or implied, and specifically disclaim any warranty of merchantability, fitness for a particular purpose, title or non-infringement, or that the Device or any firmware or software is "error free" or will meet your requirements. Device warranties do not apply to business customers.
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
You will be liable for any and all liability that may arise out of content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your Users' use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services and remove your or your Users' content from the Service if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements of this Agreement or interferes with our ability to provide Services to you or others.
NCE provides a function that allows a user or Subscriber to record individual telephone conversations. Laws regarding the notice and notification requirements for recorded conversations vary state to state. You are solely responsible for applying the local laws in the relevant jurisdiction when using this feature.
This Agreement and the relationship between you and us are governed by the laws of Florida, without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within Florida and waive any objection as to venue or inconvenient forum.
Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Miami-Dade, Florida. The arbitrator's decision will follow the plain meaning of the relevant documents and will be final and binding. No arbitrator has the authority to award relief in excess of what this Agreement provides, or to award punitive or exemplary damages. Judgment on the award may be entered in any court having jurisdiction. Any claim or cause of action arising out of or related to the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. All claims shall be arbitrated individually — you shall not bring or join any class action of any kind in court or arbitration, or seek to consolidate or bring previously consolidated claims in arbitration. This arbitration provision constitutes a waiver of any right to a jury trial and an agreement to be subject to jurisdiction in, and conduct arbitral proceedings in, Miami-Dade, Florida.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
This Agreement, including any future modifications as may occur within its terms, and the rates for Services found on our website, constitute the entire agreement between you and NCE and govern the use of the Service by you, members of your business, employees and guests. This Agreement supersedes any prior agreements between you and NCE and any prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on ncevoip.com. NCE will make best efforts to notify Customers in advance via email regarding changes to this Agreement. Such changes will become binding on you on the date they are posted to our website, and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed-to electronic and written terms of service.
NCE Service utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. NCE is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.