This agreement ("Agreement") is between Endlesscalls.com. ("we," "us" or "Endlesscalls") and the user ("you," "user" or "Customer") of Endlesscalls Residential (Unlimited US & Canada Plan, Unlimited International Plan, ) communications services or Business (Unlimited Business Plan and Measured Business Plan) communications services and any related services ("Service"). This Agreement governs both the Service and any devices, such as an Endlesscalls Phone Adapter, Endlesscalls Router & Phone Adapter, Endlesscalls WiFi Phone, Endlesscalls Multiline IP Phone, or any other IP connection device provided by Endlesscalls for use in conjunction with the Service ("Device" or "Equipment").
BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD
AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE
BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND
BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING ENDLESSCALLS VIA
firstname.lastname@example.org AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.
Service is offered on a monthly basis for a term which begins on the date that Endlesscalls activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Endlesscalls written e-mail 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, meaning that 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 without limitation unbilled charges, plus a disconnect fee if applicable under the terms of this Agreement, all of which immediately become due, payable, and chargeable to your credit card. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
1.2 Equipment Requirements
The Service requires standard Broadband, DSL or T1 Service. Use of the Service without such equipment is strictly prohibited. If you elect to provide your own equipment, then you are solely responsible for maintaining it and ensuring that it is compatible with the Service, and you agree that if it is not compatible with, or properly configured for Endlesscalls, Endlesscalls may terminate the Service in its sole discretion.
1.3.1 Residential Use of Service
If you have subscribed to Endlesscalls Residential services, the Service is provided to you as a single usage (user) residential plan, for your own personal, residential, non-business and non-professional use. This means that you agree not to use, and may not use, the Service for any commercial activities, governmental activities, profit-making activities, and/or non-profit activities, including but not limited to home office, business, sales, tele-commuting, tele-marketing, auto-dialing, continuous or extensive call forwarding, call relaying, fax broadcast, fax blasting and any other activity that would be inconsistent with normal residential usage patterns. This also means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from Endlesscalls. You agree that if Endlesscalls determines in its sole discretion that you have used the Service, and/or anyone else has used the Service for any activities and purposes prohibited by this section it may immediately charge you Endlesscalls higher rates for its Business service for all periods, including past periods, in which you use, or used, the Service for such prohibited activities together with a US$100.00 administrative fee for same, and that Endlesscalls may immediately charge such amounts on your credit card. Endlesscalls reserves the right to immediately terminate and subject you to the disconnect fee pursuant to Section 7.6 or modify the Service, if Endlesscalls determines, in its sole discretion, that Customer's Service is being used for such prohibited activities or in any other manner prohibited by this Agreement. In addition to and without prejudicing or waiving any other remedies that it is entitled to, Endlesscalls, after it has determined in its sole discretion that you have violated this Section 1.3.1, may retroactively charge you $.05 per minute for all US and Canadian calls made since the activation of your account. Violations of this Section 1.3.1 regarding International calls will likewise be retroactively billed at the then current published rates. You agree that any payment made to Endlesscalls pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages. In the event that Endlesscalls has to take legal action to enforce the provisions of this section, the prevailing party shall be entitled to its reasonable expenses, including attorney’s fees, regardless of whether in house or outside counsel is employed. If in house counsel is employed, billing shall be at the rate of $300.00 per hour and billed in six minute increments.
1.3.2 Business Use of Service
if you have subscribed to Endlesscalls Business services, the Service is provided to you as a business user. This means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from Endlesscalls. You agree that the Endlesscalls Business Plan does not confer the right to use the Service for auto-dialing, call center activities, continuous or extensive call forwarding, call relaying, telemarketing, fax broadcasting or fax blasting, and that you may not use the Service for those purposes. Endlesscalls reserves the right to (1) immediately terminate or modify the Service, and (2) charge an administrative fee of US$100.00 per day of service during which Customer engaged in prohibited activities, if Endlesscalls determines, in its sole discretion, that Customer's Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement.
1.4 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Endlesscalls reserves the right to terminate the Service immediately and without advance notice if Endlesscalls, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due, payable and chargeable to your credit card. If Endlesscalls, in its sole discretion believes that you have violated the above restrictions, Endlesscalls may forward the objectionable material, as well as your communications with Endlesscalls and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
1.5 Use of Service and Device by Customers Outside the United States
Endlesscalls allows use of the Service inside or outside of the United States. However, if you use it outside the United States you do so at your own risk. If you remove the Device to a country outside the United States and/or use or attempt to use it there, you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the United States and/or the import laws of that other country.
1.6 Loss of Service Due to Power Failure or Internet Service/Broadband Outage
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply; the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by Endlesscalls) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or Endlesscalls terminate the Service in accordance with this Agreement.
1.7 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Endlesscalls website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Endlesscalls are and shall remain the exclusive property of Endlesscalls and nothing in this Agreement shall grant you the right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. You expressly agree that the Device is exclusively for use in connection with the Service and that Endlesscalls will not provide any passwords, codes or other information or assistance that would permit or enable you to use the Device for any other purposes. If you decide to use the Service through an interface device not provided by Endlesscalls, which Endlesscalls reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Endlesscalls against any and all liability arising out of your use of such interface device with the Service. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.8 Tampering with the Device and Service
You agree not to change the electronic serial number, MAC or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Endlesscalls in each instance which Endlesscalls may grant or deny in its sole discretion. Endlesscalls reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to disrupt or hack the Service or to make or attempt to make any use of the Service that is inconsistent with its intended purpose.
1.9 Theft of Service or Device
You agree to notify Endlesscalls immediately, in writing or by calling the Endlesscalls customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
1.10 Number Transfer on Service Termination
Endlesscalls may, solely at the Company's discretion, release any telephone number that was ported in to Endlesscalls by you and used in connection with your Service to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; (ii) your Endlesscalls account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account. Endlesscalls will not transfer or release telephone numbers that it has assigned for use in conjunction with your Service.
1.11 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Endlesscalls. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.
1.12 No 900 Calls
The Service does not permit calls to 900 numbers or other pay-per-call services.
1.13 No Operator Service
The Service does not support calls to operator services.
1.14 No Collect Calls
The Service does not support collect calls.
1.15 Directory Assistance
You agree that calls to Directory Assistance (411) excluding toll-free Directory Assistance (1-8**-555-1212) will be Free of Charge while in the US.
1.16 Calls from a Payphone
You agree that calls to a Endlesscalls Toll-free Alternate Number from a Payphone will incur a US$0.39 per call charge.
2. EMERGENCY SERVICES – 911/E911
Differences in Availability and Operation of Emergency Dialing Service (“911” or “E911”): You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber or wireline telecommunications support for traditional 911 or E911 access to emergency services. In particular, certain features of "E911" may not be available in all areas or technically feasible via this Service and, depending on the circumstances, an End User may not be connected to a Public Safety Answering Point (“PSAP”)/emergency operator, or, if connected, the PSAP/emergency operator may not have information on an End User’s address. Your also understands that RNK may provide Emergency Services via different methods in different areas, and that RNK does not warranty or guarantee the availability of any particular method of Emergency Services provision. In some instances, the Emergency Services provisioning method may require that the Emergency Services caller be able to communicate their location, telephone number, or identity verbally to the Emergency Services call taker. Additionally, Customer understands that the Emergency Services call taker may not have the ability to call back an End User who is disconnected for any reason from an Emergency Services Call. Additionally, you acknowledge and understand that 911/E911 services may currently be unavailable in the geographic location in which you plan to use the service. You understand and agree that prior to Service activation; you must familiarize yourself with, and acknowledge, the limitations of 911/E911 dialing associated with the Service through an online web-based activation process that can be accessed at
THE TERM "ENDLESSCALLS" AS USED IN THIS SECTION SHALL MEAN ENDLESSCALLS.COM. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE AND/OR DEVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ENDLESSCALLS AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ENDLESSCALLS FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS
AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
4. LIMITATION OF LIABILITY
THE TERM "ENDLESSCALLS" AS USED IN THIS SECTION SHALL MEAN ENDLESSCALLS CORP. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
IN NO EVENT SHALL ENDLESSCALLS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL ENDLESSCALLS BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO ENDLESSCALLS OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND ENDLESSCALLS’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. ENDLESSCALLS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ENDLESSCALLS’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ENDLESSCALLS’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. ENDLESSCALLS’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL 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 ENDLESSCALLS WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE ENDLESSCALLS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ENDLESSCALLS TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.
THE TERM "ENDLESSCALLS" AS USED IN THIS SECTION SHALL MEAN ENDLESSCALLS CORP. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
ENDLESSCALLS MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. ENDLESSCALLS DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. ENDLESSCALLS DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE NEW FROM ENDLESSCALLS AND THE DEVICE INCLUDED A LIMITED WARRANTY AT THE TIME OF PURCHASE, CUSTOMER MUST REFER TO THE SEPARATE LIMITED WARRANTY DOCUMENT FOR INFORMATION ON THE LIMITATION AND DISCLAIMER OF SUCH WARRANTY. IF CUSTOMER’S DEVICE DID NOT INCLUDE A LIMITED WARRANTY FROM ENDLESSCALLS AT THE TIME OF PURCHASE, CUSTOMER AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ENDLESSCALLS TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
6. CHANGES TO THIS AGREEMENT
Endlesscalls may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supercede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the Endlesscalls website at www.endlesscalls.com/terms and/or the date we notify you of changes by the following: email at the address provided by you, postcard, letter, recorded announcement, message on your bill, an insert in your bill, newspaper ad, or a call to your billed telephone number, whichever occurs first.
7. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
You must give us a valid credit card number when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Endlesscalls at once by changing your credit card information in your account portal. We will bill all charges monthly to your credit card, including but not limited to: activation fees, monthly Service fees, surcharges, applicable taxes, disconnection fees, international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. Endlesscalls reserves the right to bill at more frequent intervals if the amount due at any time exceeds US$25.00. You may not pay by credit card, however, if you have five (5) or more Endlesscalls accounts, in which case you must pay by check or wire transfer into an Endlesscalls Master Account.
7.1.1 “One Time Use” or Disposable Credit Cards
Endlesscalls strictly prohibits the use of “one time use” or disposable credit cards. If you use such a card to activate the Endlesscalls Service and such use results in Endlesscalls not being able to collect charges for the Service, you will be subject to a $500.00 fee as liquidated damages and not as a penalty, plus any reasonable in-house or outside counsel attorney’s fees incurred by Endlesscalls to collect such unpaid charges and liquidated damages.
7.2 Billing Disputes
You must notify Endlesscalls in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your Endlesscalls Master Account if you dispute any Endlesscalls charges on that statement or that have been debited from your Endlesscalls Master Account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address:
Customer Care Billing Department
1220 North Market Street Suite 804
Wilmington, DE 19801
7.2.3 Declined Payments
There will be a $15.00 charge for declined Credit cards & $25.00 for declined Checks Plus a Disconnection of service within 7 Business days. After 7 days a restoral charge of $20.00 per account may apply.
Endlesscalls only accepts payments by credit card, E-Check unless you have five (5) or more accounts as explained above. Your initial use of the Service authorizes Endlesscalls to charge all amounts due Endlesscalls as stated in the Agreement on the credit card account number on file with Endlesscalls, or on any other credit card provided by Customer if the original card expires or is replaced. This authorization will remain valid until 30 days after Endlesscalls receives your written notice terminating Endlesscalls authority to charge your credit card. Endlesscalls may terminate your Service at any time, in its sole discretion, if any charge to your credit card on file with Endlesscalls is declined or reversed, if your credit card expires and you have not provided Endlesscalls with a new valid and approved credit card, or in case of any other non-payment of account charges. Termination of Service for a declined or expired credit card, reversed charges or non-payment leaves you fully liable to Endlesscalls for all charges accrued before termination and for costs incurred by Endlesscalls to collect all monies owed by Customer, such as (but not limited to) collection costs and in house or outside attorneys’ fees as defined is Section 1.3.1. Endlesscalls may make billing adjustments for the Service retroactively for a period of one hundred eighty (180) calendar days after the date a Service is rendered if they are made within two (2) months of Endlesscalls receipt of any invoice for the payment of additional fees and charges imposed by law.
If you have five (5) or more Endlesscalls accounts, you must maintain an Endlesscalls Master Account to pay the monthly Service fees. You must maintain a minimum balance of at least 150% of the total of the monthly Service fees in your Endlesscalls Master Account. You must fund your Endlesscalls Master Account by check or by wire transfer and not by credit card. You may monitor your Endlesscalls Master Account on your Endlesscalls Master Account portal. In the event that the available funds in your Endlesscalls Master Account balance falls to within 20% of the minimum balance, Endlesscalls will take reasonable steps to email you a notice to remind you to replenish your Endlesscalls Master Account. However, you are wholly responsible for ensuring that you have adequate available funds in your Endlesscalls Master Account at all times, and Endlesscalls will not be responsible if any warning emails are not sent out or are not received. Endlesscalls may terminate your Service at any time, in its sole discretion, if you have failed to replenish your Endlesscalls Master Account with funds adequate to i) maintain the minimum balance, and ii) pay any outstanding amounts due, and iii) cover all charges for monthly Services.
7.4 Termination/Discontinuance of Service
Endlesscalls reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Endlesscalls discontinues providing the Service generally, or terminates or suspends your Service in its discretion 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 or suspended for any stated reason, including without limitation, violation of any terms of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Endlesscalls or of a third party provider to which Endlesscalls is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.
Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card. If Customer is exempt from payment of such taxes, it will provide Endlesscalls with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Endlesscalls receives such certificate.
7.6 Disconnect Fee
Customer will be charged a disconnect fee of US$49.95 per voice line upon termination of Service for any reason or for convenience of Customer, unless (1) the Customer is eligible for waiver of the fee pursuant to the terms of the Money Back Guarantee as provided in this Agreement, (2) the Customer used their own SIP Device (3) if the Customer purchased the Device from a Endlesscalls authorized retailer or agent and did not redeem a rebate for same, (4) the Customer is eligible for a credit for the voice line pursuant to Section 7.7 of this Agreement, or (5) the Customer used the Service for more than twelve (12) consecutive months in accordance with the terms of this Agreement and has fully paid for such Service. The disconnect fee becomes due and payable immediately upon termination and will be billed directly to Customer's credit card.
7.7 Return of Device
A Device may be returned to Endlesscalls within fourteen (14) days of the termination of Service to receive a credit for the $49.95 disconnect fee for the voice line or lines assigned to that Device provided that the Customer first returns the Device and all of its parts, accessories, documentation, packaging, and packaging materials in an undamaged and original condition. Endlesscalls will not credit Customer if the Device is damaged or not in its original condition as received by the Customer or if Customer does not fully comply with this Section. If Customer initially receives packaging and/or a Device that is visibly damaged, Customer agrees to note the damage on the carrier's freight bill or receipt, keep a copy, and immediately notify Endlesscalls by email at email@example.com. Keep the Device and the original packaging, packing materials and parts intact and contact Endlesscalls customer care department immediately.
7.8 Money Back Guarantee; Limitations and Conditions
Endlesscalls offers a hassle free 30-day money back guarantee from the date of activation of your Service. The money back guarantee applies only to the first-ordered line, not to additional or secondary lines. Under the terms of the Money-Back Guarantee, Endlesscalls will refund the activation fee, the monthly charge for the first month of Service and waive the disconnect fee provided that:
--you have not exceeded 500 minutes of in-plan usage;
--you cancel your Service within the applicable period;
--you return any issued Endlesscalls Device to us in original condition, normal wear and tear excluded, within 14 days after the cancellation of your Service;
--the Device is returned in the original packaging with the bar code intact and is accompanied by all components, cables, accessories, parts, manuals, and other documentation;
you have not previously exercised the Endlesscalls 30-day money back guarantee and obtained a refund from Endlesscalls as a result of any other Endlesscalls account, and
Prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at firstname.lastname@example.org.
Endlesscalls accounts with their own Sip device or phone adapter will be issued a refund upon valid cancellation notification.
Shipping and handling charges cannot be refunded. You will be responsible for any charges for out of plan usage, payphone calls to Endlesscalls toll free numbers, out of plan toll free minutes, premium features, and directory assistance. We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice. The Money Back Guarantee will not be honored if the Customer fails to meet all above requirements.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Endlesscalls reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Endlesscalls determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Endlesscalls ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Endlesscalls actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold harmless Endlesscalls against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
9. RESOLUTION OF DISPUTES BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. THIS SECTION DOES NOT APPLY TO RESIDENTS OF CALIFORNIA.
9.1 Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement, the Service and/or the Device (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any Device, Service, advertising or otherwise having a connection to this Agreement. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association’s ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES. YOU AND ENDLESSCALLS BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney’s fees, regardless of whether in house or outside counsel is employed. If in house counsel is employed, billing shall be at the rate of $300.00 per hour and billed in six minute increments.
9.2 Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims court, you must first write to us at Endlesscalls, Inc., 9 Executive Park Drive, Billerica, MA 01862 and give us an opportunity to resolve the dispute. Similarly, before Endlesscalls takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Endlesscalls is notified by the other of a dispute, then either party may contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, TX 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available on the Internet at www.adr.org, or by contacting us at email@example.com. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Massachusetts in Middlesex or Norfolk Counties. Arbitrations under this Agreement shall be confidential as permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations.
9.3 Time for Filing Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed with the AAA within one year after such claim or cause of action arose or be forever barred.
10. GOVERNING LAW
This Agreement and the relationship between you and Endlesscalls shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.
11. ENTIRE AGREEMENT
This Agreement and any modifications to it pursuant to Section 6, and the rates for Services found on Endlesscalls website, constitute the entire agreement between you and Endlesscalls and govern your use of the Service, superseding any prior agreements between you and Endlesscalls and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this Agreement shall be binding upon either you or Endlesscalls unless they are made pursuant to Section 6.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
Endlesscalls may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service or Device without our prior written agreement.
15. NO THIRD PARTY RIGHTS
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.
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.
Last Updated: Aug. 1, 2006