WARNING: It is a Federal AND State Offense to purchase any product or service by fraudulent means. Any and all Products purchased through this web site shall not be used for any unlawful purpose. Should ECONOTEL Corp. d/b/a VIRFON become aware of any fraudulent use of its services, it reserves the right to forward any and all information on its network to the victim or law enforcement agency, upon law request, without consent of the subscriber. This is an unconditional and non-negotiable term of services, and an exception to our privacy policies
CUSTOMER SERVICE AGREEMENT
THIS AGREEMENT (“Agreement”) is made between ECONOTEL CORP, a Florida Corporation, (“we,” “us,” or “VIRFON”) and you (“you” or “Customer”) in connection with your purchase of services “Services” described in the attached service order (“Service Order”), and such additional Services which you may from time to time purchase from us.
THIS IS A LEGALLY BINDING AGREEMENT. THE AGREEMENT CONSISTS OF THIS CUSTOMER SERVICE AGREEMENT, THE SERVICE ORDER, AND THE TERMS AND CONDITIONS CONTAINED ON OUR WEBSITE (WHICH ARE INCORPORATED BY REFERENCE HEREIN). YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BY SIGNING AND RETURNING A COPY OF THIS AGREEMENT TO US, BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED ON ANY OUR WEBSITES
https://www.virfon.com (THE “WEBSITE”) AFTER COMPLETING ALL THE REQUIRED INFORMATION ON THE ON-LINE APPLICATION, OR BY USING THE SERVICES PROVIDED UNDER THIS AGREEMENT. YOU MUST AT ALL TIMES PROVIDE US WITH YOUR CURENT AND FUNCTIONING EMAIL ADDRESS. CONSEQUENTLY, IT IS VERY IMPORTANT THAT YOU MUST IMMEDIATELY NOTIFY US OF YOUR NEW EMAIL ADDRESS WHEN YOU MAKE A CHANGE.
WE MAY CHANGE THE TERMS AND CONDITIONS CONTAINED ON OUR WEBSITE, AS WELL AS OUR RATES, FROM TIME TO TIME, AND YOU WILL BE BOUND BY THOSE CHANGES. WE WILL PROVIDE NOTICE TO YOU OF SUCH CHANGES VIA EMAIL. IF WE INCREASE OUR RATES, YOU MAY TERMINATE THIS AGREEMENT WITHOUT PENALTY BY PROVIDING US WITH NOTICE OF TERMINATION WITHIN TEN (10) DAYS AFTER WE NOTIFY YOU OF THE INCREASE.
1. Provision of Services. As long as this Agreement remains in effect:
A. Services. We will provide you with the Services specified in the Service Order. If you are using VoIP, you will be entitled to use VIRFON’s proprietary software and communications products collectively known as ECONOTEL. You are granted a revocable, non-transferable and non-exclusive license to use VoIP Services only on one telephone at your residence, or at your principal place of business if you are a business subscriber, as provided in this Agreement. VIRFON is and shall be the owner of all telephone numbers which may be assigned to you, or are otherwise incident to VIRFON’s Services, under this Agreement.
B. E-Mail/Cellular Notification of Voice Message Service. If you elect to subscribe to our e-mail/cellular notification of voice message service, you agree to the following terms:
1) WE WILL NOT BE IN ANY WAY RESPONSIBLE, OR ASSUME ANY LIABILITY FOR ANY FAILURE OR DELAY IN TRANSMITTING INFORMATION TO YOU, OR ANY ERROR IN THE INFORMATION TRANSMITTED.
2) In order to receive this service, you must provide us, at all times, with your most current, accurate, and functioning e-mail address or cellular number and provider to which you want notification to be sent.
3) Some cellular telephone providers require that you register in order to be able to receive or send text messages (also known as SMS). It is your sole responsibility to register with your provider, pay your provider any charges which it may impose for SMS service, and otherwise comply with the terms and conditions of your agreement with your cellular provider.
C. “Equipment.” You may purchase necessary equipment from us at the prices indicated in the Service Order. If you purchase the equipment elsewhere, you must furnish us with the equipment’s serial number and MAC address before we can activate your Service. You may also elect under our VoIP plan to acquire equipment from us under a free license. For the purposes of this agreement, the term “Equipment” means any IP Phone, multimedia terminal adapter, Analog Telephone Adapter, or any other IP connection device which you obtain from us under the free license provided in this Agreement. If you make this election, you are granted a revocable, non-transferable and non-exclusive license without charge to use the Equipment furnished to you as provided in this Agreement but only in connection with the Services and for no other purpose. You agree to read and to follow the manufacturer’s instructions, including, but not limited to, any safety warnings that are enclosed with the Equipment. Within 15 days after the termination of this Agreement, you must return the Equipment to us, at your cost, in good working condition, normal wear and tear excepted. If the Equipment is returned to VIRFON damaged beyond normal wear and tear, destroyed, or is not returned for any reason whatsoever, including but not limited to, confiscation, loss or theft, you agree to pay to VIRFON the replacement value.
2. RESTRICTIONS ON CUSTOMER’S USE OF SERVICES AND EQUIPMENT.
A. For Household / Residential. Use All Equipment obtained under a free license from VIRFON may only be used at your residence regardless of which plan you select. You may have only one residence under this Agreement; if you wish to use VIRFON VoIP Services at another residence, you must enter into another separate Agreement with VIRFON.
B. Restrictions and Prohibitions. Regardless of the plan you select, the Services and any Equipment obtained from us under your free license MAY NOT be used as follows:
(1) Non-Members of Household. By any person who is not a member of your household.
(2) Non-Commercial Customers. By any person doing business as part a commercial enterprise.
(3) Unlawful Content. To transmit or receive any content or use the same in a manner that is prohibited by any applicable law (including any regulation of any governmental agency).
(4) Unlawful Purposes. For any use that constitutes, contributes to or encourages conduct that may be a criminal offense, creates any cause of action for damages, or otherwise creates any civil liability under any applicable local, state, federal or international law.
(5) Your Telephone. You will not use the Services or Equipment on or in connection with any telephone (fixed or cellular) that is not owned by you for your exclusive personal use or the personal use of your household members.
(6) VoIP. If you subscribe to our VoIP service you will not use the Services or Equipment on other than one such telephone and you shall not install the Services software or use any Equipment on any replacement or other telephone or transfer the Services to another residence or principal place of business without first obtaining our written approval.
(7) Fair Use Policy: The Fair Use Policy is referenced against average customer profiles and estimated customer use of our service. VIRFON reserves the right to monitor call duration and the number of calls made on your account over any month.
More that 95% of VIRFON’s residential unlimited customers use less than 1000 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and so on. A customer’s aggregate usage may be considered outside of normal use if it exceeds 1000 minutes per month or when a his/her calling patterns during more than one month reflect excessive of one or more of the following, including, but not limited to unique numbers called; call lengths; call forwarding/transferring; conference calling; short duration calls; number of calls in a month, number of calls made to a conference calling service during a month; number of calls made during business hours; number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy
If in VIRFON’s reasonable opinion your usage is excessive or unreasonable, VIRFON may ask you and the other users/ sharers on your account, to moderate your usage. If you fail to do so, VIRFON reserves the right, without further notice, to cancel your service.
(8) Other Restrictions. You will not use the Services (its software or any of its components) or any of the Equipment in connection with any service of any kind (whether or not similar to the Service provided by VIRFON) provided by any third party and will not “connect” or “bridge” the Service provided by VIRFON with any equipment, application or method of others that allows connection with any public telephone network. You may not use Services in connection to multiple call systems, or resell or rent Services to others, or place and receive call calls for third parties.
(9) Identification. You will not change the electronic serial number or equipment identification of any Equipment obtained from us under a free license and will not perform any factory reset or tamper with any such Equipment used in connection with the Services provided by VIRFON.
3. TERM OF AGREEMENT.
A. 180-Day Minimum. For those purchasing and financing the equipment with VIRFON, there is a minimum initial term of 180-Day, starting on the date we activate your service. You may terminate the Agreement during the initial term before the expiration of 180 days by giving us notice of early termination, in which event you hereby authorize us to charge an early termination fee of $60.00 to your credit/debit card (“Credit/Debit Card”). After the day 181st, the cancellation terms are the same as for all other customers. We must receive your termination notice within the first 20 days of a billing cycle in order for termination to be effective as of the end of that billing cycle. If we receive your notice of termination after the 20th day of a billing cycle, termination will be effective as of the last day of the following billing cycle.
B. For all other customers, the initial term of this Agreement begins on the date we activate your Service and will continue for 30 consecutive days. After the initial term, the Agreement will AUTOMATICALLY BE RENEWED FOR SUCCESIVE 30-DAY PERIODS UNTIL AND UNLESS YOU PROVIDE US WITH 30 DAYS’ ADVANCE NOTICE OF CANCELLATION OR WE TERMINATE THE AGREEMENT AS PROVIDED HEREIN.
You may terminate the Agreement at any time. We must receive your termination notice within the first 20 days of a billing cycle in order for termination to be effective as of the end of that billing cycle. If we receive your notice of termination after the 20th day of a billing cycle, termination will be effective as of the last day of the following billing cycle.
B. Notice and Effective Date of Termination. You must provide us any notice required to be given by you under the Agreement via email at email@example.com. or at any other email address we may designate. After receipt of your notice, we will transmit an e-mail confirmation to you. Your notice to us, including but not limited to any notice of termination, will be effective upon your receipt of our confirmation notice.
C. Return of Our Equipment. If we provide you with our Equipment under a free license, upon termination of the Agreement, YOU HEREBY AUTHORIZE US, IN OUR SOLE DISCRETION, TO CHARGE YOUR CREDIT/DEBIT CARD $70.00 AS A DEPOSIT TO SECURE THE SAFE AND TIMELY RETURN OF THE EQUIPMENT. UPON TERMINATION OF THE AGREEMENT, WE WILL REVERSE THE CREDIT/DEBIT CARD CHARGE IF YOU RETURN THE EQUIPMENT IN GOOD WORKING ORDER, ORDINARY WEAR AND TEAR EXCEPTED, WITHIN 15 DAYS AFTER TERMINATION OR CANCELLATION OF THE AGREEMENT. YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAW, WE MAY CHARGE YOUR CREDIT/DEBIT CARD UP TO $70.00 IF YOU EITHER OR BOTH (A) RETURN EQUIPMENT TO US WHICH IS NOT IN GOOD WORKING ORDER OR DAMAGED BEYOND NORMAL WEAR AND TEAR OR (B) RETURN EQUIPMENT TO US MORE THAN (15) DAYS AFTER TERMINATION OR CANCELLATION.
Rates and additional terms for our Services are displayed on the Website, which is incorporated by reference and made a part of this Agreement. We may change those rates at any time and from time to time. You should consult the Website if you have any question regarding our rates. If at any time our Services are subject to applicable tariffs, those tariffs will control and govern if inconsistent with our Website rates. Please note that duration of calls are recorded in whole minutes and partial minutes are rounded up to the next whole minute. You may incur toll, regional calling or long distance charges if you dial your access number while outside the local calling area associated with your access number. Under our Service plans, you will be subject to charges from the time a call you are making or receiving is answered until the time it is disconnected (in other words, we charge you for conversation minutes).
General. If you enter into this Agreement after November 15, 2008, you will be subject to the following terms:
A. You must make all payments to us by credit or debit card (“Credit/Debit Card”) issued by a company acceptable to us, and YOU HEREBY AUTHORIZE US TO CHARGE YOUR CREDIT/DEBIT CARD ACCOUNT FOR ALL MONIES YOU OWE US UNDER THE AGREEMENT. You will at all times keep on record with VIRFON a current valid Credit/Debit Card number from an acceptable issuer with your full name, billing address, expiration date and all other information needed by VIRFON to charge your Credit/Debit Card account for the amounts payable to VIRFON under this Agreement. You agree to keep all such information current and accurate and shall promptly notify VIRFON of all expirations and replacement cards and other changes. If any payment is declined, reversed, or otherwise not honored by your Credit/Debit Card company, VIRFON may suspend your Service or terminate this Agreement, but you will remain liable to VIRFON FOR ALL PAYMENTS THAT WOULD OTHERWISE COME DUE THROUGH THE END OF THE TERM OF THIS Agreement.
B. Activation Fee. Prior to activation of your account, we will charge your Credit/Debit Card the Activation Fee provided in the Service Order. The Activation Fee covers set up, shipping and handling, and any applicable taxes and surcharges.
C. Traditional Plan. Except for the activation fee, we will bill you monthly for the Service you utilize. However, we may charge your credit/debit card for all outstanding charges any time you owe us more than $90.00.
D. Expendable Balance Plan. As an alternative to the traditional plan you may select one of our Expendable Balance Plans. Here is how the Expendable Balance works. Upon the date we activate your Service, we will charge your Credit/Debit Card the amount of the Expendable Balance you selected. So, for example, if you selected the $40 Plan, we will charge your Credit/Debit Card account $40, and your Expendable Balance Account is $40. We will thereafter subtract the amount of Service, at the applicable rates, you utilize from your Expendable Balance Account each billing cycle. Once your Expendable Balance Account drops below $2.00, we will charge your Credit/Debit Card the full amount of the Expendable Balance you selected. We will carry any unused amount of your Expendable Balance Account over to the next billing cycle. Upon termination of the Agreement, we will subtract any charges or fees you owe us from your Expendable Balance Account and refund the balance to you. You may, not more than once per billing cycle, select a different Expendable Balance Plan by giving us notice of which plan you would like to switch to. We will make the change effective for the next billing cycle after we receive your notice. If you switch to a higher expandable Balance Account, we will charge your Credit/Debit Account for the additional amount owed upon the first day of the billing cycle following notice.
E. Special Features. You may select none, all or some of the special features (“Special Features”) described in the Service Order. We will charge your Credit/Debit Card monthly on the first day of each billing cycle, at our standard rates, as they may change from time to time, for the Special Features you choose. If any Credit/Debit Card charges for Special Features is rejected for any reason by your Credit/Debit Card company, we will continue to provide you Special Features for ten (10) days after the payment due date, provided we are able to charge your Expendable Balance Account for the full amount owed. IF YOUR EXPENDABLE BALANCE ACCOUNT IS INSUFFICIENT, WE WILL IMMEDIATELY DISCONTINUE PROVIDING YOU SPECIAL FEATURES. You may reactivate your Special Features by making full payment for any delinquencies within 40 days after the due date. We will charge you a $10.00 reactivation fee if the Special Features are suspended and you later reactivate them as provided herein. IF WE TERMINATE THE AGREEMENT UNDER THIS SECTION, WE MAY, AT OUR SOLE OPTION, CHARGE YOU THE FULL AMOUNT OF YOUR REMAINING EXPENDABLE BALANCE ACCOUNT AS AN ADMINISTRATIVE FEE.
6. REFUND AND RETURN POLICY.
VIRFON offers a free Trial. After this free trial term, there is no Refund Policy for services provided. As mentioned in section 3.B once a subscription starts, it is renewed on a monthly basis, unless there is a 180-day minimum term as referred to in Section 3.A. Refunds will be considered on a case-by-case basis, provided that there were errors on VIRFON’s behalf that prevented you from using the service. You have NINETY (90) days from the date of the paid subscription, to request a refund. Any refund requested after the NINETY (90) DAY time limit will not be considered.
7. VIRFON’S RIGHT TO TERMINATE OR SUSPEND SERVICE AT ANY TIME.
We reserve the right to suspend or discontinue providing Service to you or to terminate this Agreement at any time, whether at or before the end of the initial term or any renewal term and may do so for any reason or for no reason whatsoever, in our sole discretion:
A. For Non-Payment or Other Customer Breach. If we terminate or suspend our Service or if we terminate this Agreement because you use the Service or Equipment or permit the Service or Equipment to be used in any manner prohibited under Section 2 “Restrictions on Customer’s Use of Services and Equipment” above, any payment is declined or returned or otherwise not honored by the credit card issuer on record with us, or you breach or violate any other provision of this Agreement, then YOU WILL BE LIABLE TO VIRFON FOR ALL PAYMENTS THAT WOULD OTHERWISE HAVE BEEN PAYABLE UNDER THIS AGREEMENT THROUGH THE END OF THE TERM (ALL OF WHICH WILL BECOME IMMEDIATELY DUE AND PAYABLE) PLUS VIRFON’S THEN CURRENT DISCONNECTION FEE, PLUS ANY AND ALL COSTS AND CHARGES INCURRED BY VIRFON, INCLUDING BUT NOT LIMITED TO, CREDIT CARD AND BANK CHARGE-BACK FEES, COLLECTION COSTS AND FEES AND ATTORNEYS’ FEES.
B. VIRFONL’S Termination in its Discretion You must pay charges accrued to date of termination, plus charges pro-rated for your final month of service, if we terminate the Agreement. If we terminate the Agreement because of your breach, you will also be responsible for the other charges provided in the Agreement under such circumstances.
8. TRADEMARKS AND COPYRIGHTS.
The software and all other components of the Services, whether or not copyrighted, are the sole and exclusive property of VIRFON. Any and all other software embedded in any equipment provided by VIRFON and used in connection with Services is the sole and exclusive property of VIRFON. Any and all websites, corporate names, service marks, trademarks, trade names and logos and domain names of VIRFON, whether or not copyrighted or registered, are and shall remain the sole and exclusive property of VIRFON and you shall have no right or license whatsoever to use any such marks.
9. OPERATIONAL LIMITATIONS ON SERVICES AND EQUIPMENT.
You acknowledge and understand that:
A. In the event of a power surge, reduction, interruption or other failure, the Service will not function properly or may not function at all. You may be required to reset or reconfigure certain of the Equipment or you may have to reinstall software prior to using the Services after any such failure.
B. Interruptions in service by your broadband provider will prevent use of the Services, and partial interruptions, disruptions or failures will prevent or adversely affect use of the Services.
C. VIRFON neither warrants nor represents that any files available for download from its website will be free of infection, viruses, worms, “trojan horses” or other contaminating code that may adversely affect your computer system. The Customer is responsible for obtaining such “firewalls” or other anti-virus programs as Customer in his or her sole discretion determines is satisfactory, and Customer assumes all risks associated with downloading programs from the internet.
D. Because of the nature of the internet, you may experience reduced speed in “placing” calls as compared to dialing over traditional public telephone networks.
E. You expressly acknowledge that emergency 9-1-1 calls are not intended to be carried or supported by the Equipment or the Services and that neither VIRFON nor any of its affiliates, agents, network service providers or employees are or will be liable for such emergency calls or your failure to make such emergency calls using the Equipment or the Services. Further, you acknowledge that calls from your Equipment may not function with the loss of electrical power, will not function if the broadband connection is not operational, will not transmit the correct physical address to an operator, and is not capable of being received and/or processed by an emergency call center due to the technical limitations of VIRFON’s System. Your agreement to the terms of this Agreement will serve as your acknowledgement that VIRFON has advised you of these limitations.
You are responsible for all federal, state and local taxes and any surcharges applicable to the Services provided under this Agreement and/or the use thereof (including but not limited to sales, use, excise, value-added, personal property, public utility, communications and internet taxes, whether now in force or enacted in the future). Any such taxes which VIRFON is required or desires to collect from you will be added as separate charges to your other monthly charges and charged to your credit card account.
11. NO WARRANTIES.
THE SERVICES AND THE EQUIPMENT UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND “WHERE IS.” IF ANY EQUIPMENT HEREUNDER IS DELIVERED TO YOU WITH A LIMITED WARRANTY FROM THE MANUFACTURER, YOUR RIGHTS WILL BE LIMITED TO SUCH LIMITED WARRANTY AS IT PERTAINS TO THE MANUFACTURER THEREOF. VIRFON ITSELF MAKES NO WARRANTIES WHATSOEVER AS TO ANY EQUIPMENT, WHETHER ACCOMPANIED BY A MANUFACTURER’S LIMITED WARRANTY OR NOT. VIRFON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE SERVICES OR EQUIPMENT TO BE FURNISHED HEREUNDER.
12. LIMITATIONS ON VIRFON’S LIABILITY.
A. VIRFON shall not be liable to Customer for any unauthorized access to or theft or destruction of or damage to VIRFON’s or Customer’s premises, equipment, data files, programs or other property of any kind, and Customer assumes all risk of loss therefor, nor shall VIRFON be liable to Customer for any invasion of privacy.
B. VIRFON shall have no liability of any kind whatsoever to any person not a party hereto and expressly states that this Agreement is not intended to create any third party beneficiary rights.
C. VIRFON shall not be liable for any consequential, resultant, incidental or indirect damages of any nature whatsoever, even if VIRFON or its authorized representatives have been advised of the possibility of such damages.
D. The maximum liability and recovery for any claims not otherwise waived or eliminated hereunder, against VIRFON, shall be an amount equal to the payments for Services received under this Agreement by VIRFON from Customer.
13. CUSTOMER’S INDEMNIFICATION OF VIRFON.
You agree to indemnify, defend and hold harmless VIRFON, its officers, directors, employees, members, affiliates, agents, licensees, and any other third party service provider who furnishes services to Customer in connection with this Agreement and/or the Services and/or Equipment provided hereunder from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including but not limited to attorneys’ fees) resulting from your violation of any provision hereunder or based on any content transmitted or received by you or anyone using your Equipment, any use or activity prohibited hereunder, any operational limitations on Services and/or Equipment described herein, or use of Equipment not provided by VIRFON.
14. NATIONAL RESTRICTION.
You may not use or download any software into any country (or to a national of any country) to which the United States has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the Commerce Department’s Table of Deny Orders. You represent and warrant that you are neither located in or under the control of a national or resident of any such country or on any such list.
15. MANDATORY ARBITRATION.
Any dispute or claim by Customer against VIRFON arising out of this Agreement shall be submitted to and resolved by a single arbitrator in the City of Miami, Florida under the Commercial Arbitration Rules of the American Arbitration Association. No arbitrator may award (a) any relief in excess of what is provided in this Agreement or (b) any punitive or exemplary damages. All claims shall be arbitrated individually on the basis of a single Agreement and no class status will be permitted.
16. GOVERNING LAW, JURISDICTION AND VENUE, JURY WAIVER
This Agreement and the provisions contained herein shall be governed by the internal laws of the State of Florida, without regard to its conflict of law provisions. Jurisdiction and venue for any claim not subject to mandatory arbitration shall be limited to the state and federal courts located in Miami, Florida. BOTH PARTIES HERETO EXPRESSLY WAIVE ANY AND ALL RIGHT TO A JURY IN ANY ACTION BROUGHT UNDER THIS AGREEMENT.
17. CHANGES IN SERVICE.
Any change in the Services to be provided hereunder shall become effective as to this Agreement upon posting to the “Service Announcements” section of the VIRFON Website (currently located at https://home.virfon.com/terminos-condiciones/. No further notice from VIRFON will be required.
This Agreement is the entire agreement between you and VIRFON and supersedes any other communications or advertising with respect to the Services or Equipment. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. VIRFON’s failure to insist upon strict performance of any provision by Customer shall not be deemed a waiver of that provision. VIRFON may assign this Agreement or any of its rights and duties under this Agreement at any time without notice.