Terms and Conditions
This agreement (“Agreement” or “Terms and Conditions”) is between SureTel, LLC (“SURETEL”) and the Customer (“End User”, “you”, “Customer”) of the IP Voice Service. Any IP Voice Service (“Services”), associated devices (“Devices”) such as IP Telephones, Other Customer Equipment (“Equipment”) or IP Voice software provided by SURETEL to Customer and used in connection with the Services shall be govern by the terms and conditions herein.
Services are offered on a monthly basis with term starting on the date the Customer subscribes to Services and ending on the last day of the month. Subsequent terms shall automatically renew and commence on the first day of the month and end on the last day of the same month. Services may be terminated at any time by providing five (5) days’ written notice to email@example.com.
- Services & Pricing:
Pricing for our Services may change from time to time. Customer will provide sixty (60) days’ notice to the Customer registered primary email address to any price or service changes.
- Telephone Numbers
Any telephone number(s) provided by SURETEL to the Customer as part of the Services will be leased and not sold. The Customer must not use any such telephone number with any other device other than the Device(s) without the express written permission of SURETEL.
- Number Transfer on Service Termination
Upon termination of Service, SURETEL may, solely at SURETEL’s discretion, release any telephone number that was in use by Customer in association with their Services, provided:
- a) Your (Drizzle) account has been terminated and payment of all charges has been made, including any Port Fees “Port Out Fee” currently set at $10 per telephone number which are payable; and
- b) Your new service provider is able to accept such number, and
- c) Customer requests the transfer upon terminating the Service and no later than Five (5) days following termination.
- No 900 Calls
The Service does not permit calls to 900 numbers, pay-per-call services or any other premium rate numbers.
- No Operator Service
The Service does not support calls to operator services, or operator assisted calling, (including, without limitation, collect calls, third party billing calls or calling card calls).
- Directory Assistance
Any call placed to Directory Assistance (411, 1-XXX-555-1212) including Toll Free numbers (1-800-555-1212) will incur a $0.99 per call charge as the call will be routed to our national Directory Assistance call center.
- Calls from a Payphone
SURETEL does not allow calls originating from Payphones to toll free numbers on its network.
- Prohibited Use of Service:
SURETEL reserves the right to immediately terminate Services at its sole discretion without prior notice, or If the Customer breach’s any of the terms and conditions by this Agreement; or use the Service or any Device for any purpose prohibit by this Agreement
Where Services are terminated due to a breach by Customer all outstanding fees shall be due immediately; Customer shall also be responsible for Port Out Fee associated with moving their telephone number to another carrier.
Customer agrees to use the Service only for lawful purposes. Customer shall not resell or transfer the Service, including without limitation local and toll-free numbers, to another without the prior written consent of SURETEL. Customer, any person or entity under Customer’s employ or contract, or any person or entity that has access to Customer’s Service may not use the Service for communications or transmissions that may or would constitute a criminal or civil offense, or that may or would otherwise violate any local, state, regional, federal, government or international law or regulation or otherwise violate the rights of SURETEL or any third party, including rights to privacy. Customer shall comply with all applicable laws and regulations concerning the recording of a person or entity and shall comply with all privacy laws and regulations, including without limitation, all local, state, regional, federal, government and international privacy laws and regulations. Customer is further prohibited from using the Service or products used in connection with the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting, Bulk Messaging” or “Spamming” or transmission of any unwanted or unsolicited email. Utilizing the Services in excess of what, in SURETEL sole discretion, would be expected of normal business use, including using a single VoIP line in excess of what would be expected of a single user.
- Payment of Services:
Customer shall pay SURETEL upon subscription and again upon the beginning of each term as set forth in this Agreement, via credit card (Visa, MasterCard, American Express, and Discover).
Either party may terminate this agreement at any time by providing the other party with Five (5) days written notice.
Services may be terminated upon Fifteen (15) Days nonpayment. Customer shall remain responsible for the unpaid balance and any collection costs associate with collecting the unpaid balance. Should customer wish to reinstate their account a $15 fee shall be charged “Reinstatement Fee”.
- Warranty/ No Warranty:
SURETEL guarantees 99.99% availability of our core PBX system. SURETEL does not guarantee the availability of internet at any Customer location. Customer acknowledges and understands that the Services do not function in the event of power and/or internet failure. Should there be interruption of either the Services will not function until both are restored.
SURETEL uses, in whole or in part, the public internet and third party networks to transmit voice and other communication. SURETEL Is not liable or responsible for any lack of privacy which may be experiences by Customer in connection with the Service.
Any Equipment sold by SURETEL shall come with factory warranty only SURETEL does not provide any warranty on the Equipment.
- Limitation of Liability and Damages:
SURETEL SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS) OR PUNITIVE DAMAGES ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING FROM INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP OR ANY INCORRECT LOCATION REPORTING TO 911 EMERGENCY SERVICE PERSONNEL, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO THE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF SURETEL IS NOTIFIED OF THE POSSIBILITY OF THE DAMAGES OR THAT THE DAMAGES ARE FORESEEABLE.
SURETEL shall not be liable for any delay or failure to perform under this Agreement due to conditions or circumstances beyond its control, including without limitation, Acts of God, floods, fires, riots or sabotage, wars, accidents, strikes, terrorism, freight embargoes, delay in transportation or inability to secure transportation, shortage of labor, material or equipment and/or an act in compliance with any government law or regulation.
Customer acknowledges that the Service requires a fully functional broadband connection to the Internet and, in the event of an outage, alteration, change or termination of service by Customer’s Internet service provider (“ISP”) or broadband provider, the Service may not function. In this event, Customer will continue to be billed for the Service unless Customer terminates the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until the interruption or outage is properly addressed. Customer represents that Customer is aware that a power failure or disruption may require the Customer to reconfigure equipment prior to restoring the Service.
In no event shall SURETEL be liable to Customer or third parties for any damages, including without limitation lost or anticipated profits, direct, indirect, incidental, exemplary, punitive, special, reliance or consequential damages, nor shall SURETEL be liable for any Service Level Agreement credits, as applicable, arising out of any equipment or product defect, malfunction or deficiency, an outage, alteration, change, suspension or termination of internet service or broadband service to Customer or any damages caused to Customer arising out of (1) Customer’s or any person or individual’s use of equipment or products not provided by SURETEL without SURETEL’S prior written approval, (2) any reconfiguration of equipment or products without SURETEL’S prior written approval or (3) any violation of any Customer employee, contractor, or staff’s rights or any third party rights, including without limitation rights to privacy as well as damages arising from wrongful “hacking” or access of Customer’s account and voicemail systems as a result of Customer’s failure to change its password(s) pursuant to paragraph 10 above. In addition, SURETEL shall not be responsible or liable in any manner for any Service Level Agreement credits, delay, failure to perform or damage to Customer arising out of products, equipment or services provided by Customer or third parties, any acts or omissions of Customer or third parties, or any Services provided by SURETEL to Customer in connection with a problem arising out of Customer’s network malfunction or deficiency or products or services provided by Customer or third parties or problems or deficiencies with 911 access and service.
SURETEL shall not be liable for any measure or action taken to prevent potential or actual fraud or other wrongful conduct.
SURETEL’S total aggregate liability and Customer’s exclusive remedy for any claim in connection with this Agreement shall not be greater than the amount paid for Services by Customer for the one (1) month where claim is made, as an agreed upon limitation of damages and not as a penalty.
The term “SURETEL” as used in this section shall mean SureTel, LLC. and its affiliates, employees, directors, officers, servants, agents and any other service provider that furnishes Services or Devices to you in connection with this Agreement, or the Service or any Device.
Customer is liable for any and all use of the Service and / or any Device and for any other person making use of the Service and / or any Device. Customer agrees to defend, indemnify and hold harmless (Drizzle) against all and any claims, losses, liability for damages, death, personal injury, losses, lost profit, lost revenue, property damage, fines, penalties, costs and expenses arising from the use of, or inability to use the Service or Device; any absence, failure, interruption, degradation, loss of power or Internet service, outage or delay of the Service or any Device; or inability to dial 911 to access emergency service personnel or other security, fire protection and prevention and law enforcement services; at any time by the End User, or other third party.
The provisions of this section shall survive termination of this Agreement.
- Service Disclaimer 911 & E911:
Customer understands and agrees to the E911 Terms of Services posted on SURETEL website https://www.stpbx.com/legal.
Customer acknowledges that Customer cannot assign the Agreement without the prior written consent of SURETEL.
- Use Abroad:
Although SURETEL service will work worldwide where a public internet connection is available, SURETEL does not offer support for services in any country other than the United States. If customer choses use Services outside of the United States, Customer is solely responsible for any violations of laws or regulation arising out of such use in foreign countries.
- Jurisdiction / Venue:
This Agreement will be governed by, construed under and enforced in accordance with the laws of the State of Oregon without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods. In the event any party brings a civil action or initiates judicial proceedings of any kind related to this Agreement (except for actions to enter or collect on judgments), the parties consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Washington County, Oregon and the prevailing party will be entitled to recover its costs, including reasonable attorney’s fees.
SURETEL may, from time to time, amend or modify this Agreement, Amendments and modifications to this Agreement shall be effective on the date posted to SURETEL website https://www.stpbx.com/legal, or by providing written notice to customer.
E911 Terms of Service
These terms relate to the Voice over Internet Protocol (VoIP) service (“Service”) provided by SureTel, LLC (SURETEL) for subscriber (“Customer”).
Please read carefully the following terms and conditions, which contain important service and safety information and identify the differences between traditional 911 service and the emergency services calling associated with the Service. If you do not agree to all of the below terms and conditions, you must decline to activate and/or use the service, and will be provided with a full refund and cancellation of your services.
911 EMERGENCY DIALING DESCRIPTION AND LIMITATIONS
Depending on several factors, including, but not limited to, the geographic location of the phone number associated with your SURETEL device (i.e., adapter, SIP phone, or IP phone software application) and/or the service address you listed at the time you registered for the service (“Registered Location”), by dialing 911 on your phone, your call, in many cases, will be routed to emergency personnel responsible for your Registered Location. Emergency resources and personnel will be dispatched to the Registered Location regardless of your actual location or that of your SURETEL device at the time of the call.
You must correctly identify the actual service address where your SURETEL device will be located when you register for the service. Failure to do so may result in fire, police or emergency personnel either not being able to find your location or may significantly delay their response time. Additionally, you may incur fines or other penalties resulting from improper dispatch of emergency services.
Should you wish to move your service, you must update your Registered Location at least ten (10) days prior to your move to avoid delays and loss of emergency services. You may receive a new telephone number associated with the new location. Limitations of 911 Emergency Dialing
YOU ACKNOWLEDGE THAT 911 EMERGENCY DIALING (“VoIP 911″) ASSOCIATED WITH VOIP HAS CERTAIN LIMITATIONS, WHICH YOU MUST UNDERSTAND BEFORE ORDERING:
VoIP 911 only functions if you are using an approved VoIP Device, equipment or software and after your order has been processed and you have received a 911 service confirmation. If you use non-approved equipment or software or attempt to access VoIP 911 service prior to confirmation, VoIP 911 may fail.
Even though you may be able to make outbound calls immediately after installing your VoIP Device, provisioning of VoIP 911 may take additional time to complete. If you attempt to make VoIP 911 calls before you have received a 911 service confirmation (or prior to completion of VoIP 911 provisioning), calls to 911 may fail or may be forwarded to a non-public, backup emergency answering service.
After VoIP 911 is provisioned, emergency personnel may not have your Registered Location and/or your phone number on file, so you should be prepared to provide that information in the event you require emergency services and dial “911.”
VoIP 911 will not function if:
- Your SURETEL device fails or is not configured correctly;
- If your service is not working for any reason, including, but not limited to:
- A power outage;
- Internet service outage;
- Network congestion;
- Suspension or disconnection of your Service, broadband connection, or electrical power because of nonpayment or late payment; or
Following a power outage, you may need to reset or reconfigure your equipment prior to being able to use your service, including VoIP 911.
In certain limited cases, your VoIP 911 call will not be routed to the “traditional” wireline 911 dispatch center. Instead, it will be routed to a national emergency dispatch center that may not normally receive 911 calls from your Registered Location. In this case, emergency personnel will not have your Registered Location and/or your phone number on file, so you should be prepared to provide that information in the event you require emergency services and dial “911.”
If the call is disconnected for any reason, emergency personnel will have no way to contact you or determine your identity or location, so you should re-dial “911” immediately.
If any of the following occur:
- “Traditional” 911 or E911 services are not available in your area;
- Your Registered Location address cannot be validated;
- There is a failure in the underlying landline 911 network;
- There is a failure in the VoIP 911 call or location processing system.
FIRST, YOUR CALL WILL BE ROUTED TO A NATIONAL CALL CENTER WHERE A TRAINED OPERATOR WILL ATTEMPT TO DETERMINE YOUR IDENTITY AND LOCATION. NEITHER THE CALL CENTER, NOR THE EMERGENCY DISPATCH CENTER WILL HAVE THE ABILITY TO DETERMINE YOUR LOCATION OTHER THAN BY ASKING YOU TO PROVIDE YOUR NAME AND PHYSICAL ADDRESS. ONLY THEN WILL THE OPERATOR BE ABLE TO CONNECT THE CALL TO AN ADMINISTRATIVE NUMBER OF PROPER EMERGENCY DISPATCH CENTER. THIS MAY RESULT IN A DELAY IN HANDLING OF YOUR EMERGENCY CALL AND, CONSEQUENTLY, MAY RESULT IN FIRE, POLICE OR EMERGENCY PERSONNEL EITHER NOT BEING ABLE TO FIND YOUR LOCATION OR MAY SIGNIFICANTLY DELAY THEIR RESPONSE TIME. FURTHER, IF YOU DO REACH EMERGENCY PERSONNEL, THEY MAY NOT HAVE THE ABILITY TO CONTACT YOU IF THE CALL IS DISCONNECTED FOR ANY REASON, SO YOU SHOULD RE-DIAL “911” IMMEDIATELY. AGREEMENT AND ACKNOWLEDGEMENT
You agree to advise all friends, guests, family members, or any others who might place calls over this service of these limitations herein, and understand that it is recommended that you place the warning sticker provided to you on, or near, your SURETEL device in an easily viewed location for any Service user.
You authorize SURETEL to disclose your name and address to third-party emergency services providers in order to dispatch emergency personnel to your Registered Location.
You understand that SURETEL does not warrant the availability of a particular method of VoIP 911 for any location and/or the availability of VoIP 911 services.
You acknowledge that the liability of SureTel, LLC (“SURETEL”) is limited to the amount paid for the service for any service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document, in applicable tariffs, and/or public disclosures.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SURETEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND INDEPENDENT RESELLERS, DISTRIBUTORS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU AND/OR THOSE USED IN THE PROVISION OF THIS SERVICE BY SURETEL IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 EMERGENCY DIALING, AND ANY COMMUNICATION, ASSISTANCE OR INSTRUCTION THAT YOU MAY RECEIVE FROM SURETEL, ITS EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS, WHO MAY ATTEMPT TO CONTACT YOU DIRECTLY IN THE EVENT OF AN INCOMPLETE 9-1-1 CALL.
You acknowledge that you are of legal age to consent (i.e. 18 years of age or older) to the terms and conditions of service. You acknowledge your receipt of these VoIP 911 limitations, and that you understand and agree to them.
Collection of Information
We collect non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address or most-recently-visited URL. However, we do not collect any personally identifiable information about you unless you voluntarily submit contact information to us, such as name, phone, email address, and mailing address by filling out a form or survey, registering your email address with us or emailing us. We may also collect personal information from you at other points on our site that state that personal information is being collected.
Disclosure of Information
We do not sell or rent your personally identifiable information to any third parties.
Use of Information
We use personally identifiable and non-personally identifiable information for internal marketing purposes, for trend analysis, for pattern detection, and for site administration. However, we do not use personally identifiable information collected from the website to send unsolicited mailings to you. Of course, if applicable, we do use personally identifiable information to perform the services for which such data was collected (i.e., if you sign up for an email newsletter, we will send the email newsletter to the address you provide us).
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on by clicking on the unsubscribe link contained in the footer of the email.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by clicking on the unsubscribe link in the footer included in each newsletter or communication or by emailing us at the reply address of the email or you may contact us by phone at (503) 406-2152.
Third Party Sites
This policy only addresses our activities from our servers. Other sites (including those that we link to within an advertisement, article or otherwise, and third party sites or services with which we offer or co-brand) may have their own policies, which we do not control, and thus are not addressed by this policy.
Review and Removal of Your Personally Identifiable Data
If you provide us with personally identifiable information to have us perform ongoing services to you, we will provide you with a way to review the information we have on file and either change or remove such data. To do so, please notify us via post or email at the address above and we will provide you with your contact information for review. To make changes, send us the changes and we will respond to your request for access within thirty (30) days of the request. Unfortunately, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. If you wish to have information you provided to us online removed from our records, please provide us with the information as you submitted it to us at the address above. We will use all reasonable efforts to ensure that your information is removed from our records.
Cookies and Other Tracking Methods
When you view our website, we might store some information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies, which are tied to personal information, do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a website as easily as possible. Cookies can help us provide information that is targeted to your interests and they allow us to better understand how users use our site, which in turn helps us focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our site, including our registered customer account web sites may not work properly in that case.
Third Party Tracking
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
We use industry-standard methods to protect your personally identifiable information from unauthorized access. Among other techniques, we usually store such information on a computer behind our “firewall” in a secure location, and we often restrict the number of employees internally who can access such data. Of course, there is no such thing as “perfect security” on the Internet.
Amendments to this policy will be posted at this URL and will be effective when posted.
Changes in this Privacy Statement
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.