By enrolling in, using, or paying for the services, you agree to the vipze "Terms of Service" which contains specific prices and charges, service descriptions, and other terms and conditions not set forth here that apply to each of your Services. Any updates to the Terms of Service will be posted on the vipze website at www.vipze.com
Service Provisions: The vipze Terms of Service is your Agreement for service from vipze. Carefully read these terms and conditions for your service and ensure you have the current version available as we may occasionally modify these terms.
Term Agreements: Your vipze service is a month-to-month agreement and no refunds are issued for a partial month’s service.
Service Terms: Service plans and special offers may not be available everywhere or with certain other promotions/options. Residential and Business Plans are subject to payment of your first month of service. See the Service Plan section of the website for the plan offerings. vipze Services require the vipze soft phone, web phone, fring application or compatible device. Monthly service charges are non refundable if service is terminated before your billing cycle ends.
A. vipze owns all published DID (Direct Inward Dial) phone numbers provided and reserves the right to change them at any time.
B. Calls from a vipze phone/device to another vipze phone/device are unlimited and FREE.
C. All Residential calling Plans include unlimited calling to the PSTN (Public Switched Telephone Network). Note: vipze Communications reserves the right to evaluate the call volume associated with your service plan, if we believe that this service plan is being used for commercial business, telemarketing, automated dialers or any other non-residential use we have the right to terminate your service or switch your account to a higher priced Business plan.
WorldWide Calling Feature: The World Wide calling feature provides the ability to pre-pay for minutes to call countries not included within our flat rate calling plans The per minute rates are listed at www.vipze.com. We reserve the right to change and modify the rates at any time without prior written notice. Please verify the current rate on the website before making calls outside of your vipze calling plan.
Charges and Payments:
A. General - You agree to pay us for the services at the prices and charges listed in the Terms of Service agreement.
B. Price Changes - We may change the prices and charges for the services from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the services are effective no sooner than one (1) day after we post them on our web site at http://www.vipze.com. Increases to charges that recover our costs associated with government programs are effective immediately after we post the increases on our web site.
C. Payments - You must pre-pay each month for the services by the due date and in U.S. currency. If payments are not received at the billing office by the date they are due, your account is subject to disconnection. You may be charged a $29.95 reconnection fee if your service is disconnected, in addition to the outstanding balance owed. If your credit card payment is returned for insufficient funds, it is your obligation to pay for your services by the due date in order to avoid disconnection.
D. Charges and Billing - Charges accrue through a full billing period. We may prorate or adjust your bill if the billing period covers less than or more than a full month. We will determine the format of the bill and the billing period, and we may change both the bill format and the billing period from time to time.E. Taxes and Other Charges - You must pay all taxes, fees, surcharges, and other charges that we bill you for the services. Taxes and surcharges will be in the amounts that federal, state, and local authorities require us to bill you. We will not provide advance notice of changes to taxes and surcharges, except as required by applicable law. Pricing does not include applicable customs fees, taxes, duties or tariff charges that are levied by countries outside of the United States.
Service Cancellation:
A. You may change or cancel services by contacting the vipze Customer Service Department. You will remain subject to the applicable terms and conditions of this agreement for any services that you continue to be enrolled in, use, or pay for.
B. Fraudulent Use - You will not use the services for any unlawful, abusive, or fraudulent purpose. If vipze has reason to believe that you or someone else is abusing the services or using them fraudulently or unlawfully, we can immediately restrict, or cancel the services without advance notice. You are responsible for preventing the unauthorized use of the services, and you are responsible for payment for any such unauthorized use.
C. Failure to Pay - Upon advance notice, we may restrict, or cancel the services and this Agreement, if you do not make payments for current or prior bills by the required due date, including payments for late fees or any other required additional charges.
D. Services - vipze may discontinue certain services, subject to applicable laws and regulations and reserves the right to change your associated DID (Direct Inward Dial) telephone number(s) depending upon the availability of the local telephone company.
E. Outstanding Charges - If services become restricted or cancelled all charges will accrue through the date that vipze fully processed the restriction or cancellation. You must pay all outstanding charges for these services, including payment of any bills that remain due after the date of cancellation and must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us. You may be required to pay a deposit to renew the services.
vipze Fair Use Policy
vipze reserves the right to apply limits to your use of any service that we provide for you. We may do this for various reasons including, without limitation; if your use of services is not appropriate or fair or affects (or may affect) other vipze users enjoyment of the service, or is significantly different from the usage that we would expect from a typical residential or business customer. Other than as set out in this clause, we will not apply a limit without giving you prior notice, however, in the event that we do so, you should be aware that this could result in us imposing on you: limits of access to the services; and/or charges at the normal rates for calls which we regard as being beyond a ‘fair’ use of the services. We refer to this as our ‘Fair Use’ policy. Furthermore, if the circumstances occur under which we could impose a limit, we may also, at our sole discretion, suspend or terminate your ability to access your vipze service.
Indemnification: You agree that we are not responsible for any third party claims against us that arise from your use of the services. Furthermore, you agree to reimburse us for all costs and expenses related to the defense of any such claims, including attorney's fees.
Limitations of Liability: We will not be held liable for more than the amount of charges for the services during the affected period or for indirect or consequential damages, including but not limited to, lost profits or revenue or increased costs of operation. We also will not be liable for punitive, reliance, or special damages. These limitations apply even if the damages were foreseeable or we were told they were possible, and they apply whether the claim is based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if services are interrupted, or there is a problem with the services or equipment of some other party. This section will continue to apply after the Agreement ends.
Warranties: Except as this Agreement expressly states, we make no express warranty regarding the services and disclaim any implied warranty, including any warranties of merchantability or fitness for a particular purpose. We also make no warranty that the services will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, vipze employees, agents, vendors or representatives, to make a warranty of any kind on our behalf and you should not rely on any such statement.
Credit Allowances for Interruptions: If an interruption or failure of services is caused solely by vipze and not by you or a third party or other causes beyond our reasonable control, you may be entitled to a credit allowance as specified in the applicable Terms of Service.
Miscellaneous: A. No Third Party Rights - This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. B. Acts Beyond Our Control - Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any services used. C. Assignment - We can assign all or part of our rights or duties under this Agreement without notifying you. If we do we have no further obligations to you and you may not assign this Agreement or the services without our prior written consent. D. Notices - Notices from you to vipze must be provided as specified in this Agreement. Notice from you to vipze made by writing vipze is effective as of the date that our records show that we received your letter. vipze’s' notice to you under this Agreement will be provided by one or more of the following methods: posting on our Web site, bill message, bill insert, postcard, letter, call to your billed telephone number or mail to an address provided by you. E. Severability - If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. F. Governing Law /Venue - This Agreement will be governed by the laws of the State of Tennessee. This governing law provision applies no matter where you reside, or where you use or pay for the services. By executing this agreement, you hereby: 1) Submit to jurisdiction within the State of Tennessee.2) And that sole and exclusive venue for all purposes under this agreement will be in Hendersonville, Tennessee. G. Entire Agreement - This Agreement (which incorporates by reference the vipze Service Guides) constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor vipze is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
Changes to This Agreement: We may change this Agreement without cause and if we make any changes to the prices or charges, we will comply with our notice commitments described in the above "Charges and Payments" section of this Agreement. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective no sooner than fifteen days after we post them at www.vipze.com if you continue to be enrolled in, use, or pay for the services after any changes in price, charges, terms or conditions, you agree to the changes.
Enrollment in another vipze Service: To enroll in an additional service, or to switch from your existing service to a different service, you must notify us by one of the following manners: 1) Completing the vipze Change of Service form2) Going to our Web site at www.vipze.com and following any further instructions provided for enrollment. The vipze Terms of Service will apply to the new or additional vipze services.
Emergency Services: Due to the type of technology associated with VoIP, services including but not limited to emergency and information service may not be available. 911 Service
Non-Availability of Traditional 911 or E911 Service: END USER MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES. END USER acknowledges and understands that COMPANY does NOT support traditional 911 and E911 access to emergency services. The limited emergency response service provided by us differs in a number of important ways from traditional 911 and E911 as explained further below. END USER must maintain an alternate means of accessing traditional emergency response services.END USER acknowledges and understands that our 911 Service cannot be used in conjunction with a Soft Phone or non-interconnected Virtual Numbers (virtual numbers not associated with a DID and therefore cannot receive calls from a PSTN line). Our 911 Service is not automatic; END USER must separately take affirmative steps, as described in this Agreement, to register the address where END USER will use the Services in order to activate the 911 feature. END USER must do this for each interconnected virtual number that END USER obtains. The 911 Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for E911 Service and below. END USER shall inform any household residents, guests and other third persons who may be present at the physical location where END USER utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the our 911 service as compared with traditional 911 or E911 Service. The documentation that accompanies each Device that END USER purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 Service (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that END USER use with the Service. If END USER did not receive a 911 Sticker with your Device, or END USER requires additional 911 Stickers, please contact our customer service department.Note: Test calls and non-emergency calls should not be placed to 911 as per federal regulations. To configure your account for 911 dialing, login to your control panel. Also, 911 calls require configuration and 911 and vipze service will not operate during power failure or without an Internet connection.