Terms and Conditions
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS ("TERMS") CAREFULLY PRIOR TO USING THIS WEBSITE, CONEXIANT.NET (THE "SITE"). THE SITE IS ONLY AVAILABLE FOR USE ONLY ON THE CONDITION THAT YOU AGREE COMPLETELY TO THESE TERMS. BY ACCESSING OR USING THE SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE SITE.
Terms and Conditions
[Updated Nov 2015] This site is owned and operated by Telefinity Media Corporation d/b/a Conexiant Tel, Conexiant and/or Conexiant Telecom ("we", "us", "our", “Provider” or "Conexiant", or “Telefinity”). Conexiant provides its services to you ("Customer", "you" or "end user") subject to the following conditions. If you visit or shop at our website or any other affiliated websites, you affirmatively accept the following conditions, as modified and updated, retroactively to the beginning of the establishment of your account with us, or from whenever you first began to use our services, whichever date is the earliest. Continued use of the site constitutes the affirmative agreement to these amended or revised terms and conditions. Telefinity reserves the right to change the terms, conditions and notices under which our websites and services are offered, including but not limited to the charges associated with the use of any of our services.
1. Electronic Communications
1.1. When you visit our websites, use fax, text messaging, online chat or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that we may at times communicate for various reasons, including marketing messages by email, chat or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.1. All content on this site, such as text, graphics, logos, button icons, images, data compilations and software, is the property of Conexiant and is protected by international copyright laws. All content on this and related sites and all software used on this site or by way of user portals or APIs is our exclusive property and is protected by international copyright laws.
3. Services & Conditions
3.1. We as Provider shall not be held liable for any delay or failure to provide service(s) at any time. In no event shall Conexiant or Telefinity or MultiAlert911, its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers who furnishes services to customer in connection with this agreement or the service be liable for any direct, incident, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, loss of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. The limitations set forth herein apply to the claim founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any and all other liability and apply whether or not Conexiant was informed of the possibility of any particular type of damage. Telefinity Media Corporation d/b/a Conexiant, et al, is not responsible for any business contracts, debts or payables owed by Conexiant Telecom, LLC and is not a successor-in-interest to Conexiant Telecom, LLC nor to the business activities of Conexiant Telecom, LLC.
3.2. We makes no warranties of any kind, written or implied, to the service in which it provides.
3.3. We provides prepaid services only. You must keep a positive balance to retain services with us. You must pay all negative balances immediately. Customer agrees to keep a positive balance in customer’s account at all times and agrees to pay the rates charged for services utilized. Customer agrees to pay any and all charges that customer incurs while using our service.
3.4. Conexiant services are not intended for use as a primary or sole telephone service for business or residential users.
3.5a. Any offer of unlimited local DID packages are intended for residential use only. Our unlimited local DID packages include a maximum of 3000 inbound minutes per month.
3.5b. Conexiant offers SMB and VAR accounts; SMB accounts are by default limited to 12 simultaneous inbound and outbound calls. These limits may be increased per request at our discretion.
3.6. We do not allow calls originating from payphones to toll free numbers on our network, and any such calls will incur a $1.50 per-call surcharge.
3.7. 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 (a charge of $0.65 for VARs) and the call will be routed to a National Directory Assistance call center.
3.8. You will incur a port-out fee of $4.00 for any ‘standard’ DID number(s) leaving our network, whether the port-out was initiated by you as our customer, your customer or others. Prior to porting out a number, it is your responsibility to check with us regarding port-out fees. Non-standard numbers which are difficult to obtain will incur higher port-out fees. Examples of, but not limited to such numbers are: Area Codes 215, 305, 416 and prison calling areas will incur a $20 port-out fee; New York Area Code 212 numbers incur a $500 port-out fee. Toll Free 8-0-0 (“800” numbers) incur a port out fee of $200. You agree that any attempt to port-out numbers from us or our network, successful or not, or whether initiated by you as our customer, or not, will incur the indicated port-out fees per above and must be paid to us. Notwithstanding any regulation that may exist, as a condition of doing business with us, you also agree that we are allowing you to use those non-standard numbers which belong to us, and we may reject, contest, refuse, delay or snap-back a port-out request for any DID unless the relevant port-out fees are paid in advance of the port.
3.9. There is a return fee of $1 per number for any DID ordered or used by you or put into your account, and returned to us within twelve months of purchase.
3.10. All calls placed through our network to international destinations are billed at 6 second increments unless otherwise stated; Mexico and Gambia, for example are billed at 60 second increments.
3.11. All calls placed through our network to international destinations are billed at 6 second increments unless otherwise stated; Mexico and Gambia, for example are billed at 60 second increments.
3.12. Customer agrees to the exclusive jurisdiction of the courts of Denver County in the state of Colorado in the United States of America for any and all legal matters.
3.13. Violation of any state or federal laws or laws, or any illegal activity in any jurisdiction, in our determination, may result in immediate termination of your account and/or disconnection of the offending number, route or service. You agree to be responsible for and fund as-needed any reasonable legal fees necessary to defend us against any legal action brought against us due to your use of our services.
3.14. We reserve the right to terminate service at any time with or without notice for any reason or for no reason and/or if Customer is found to be in violation of our Terms & Conditions. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of service.
3.15 Due to the nature of the telecom industry and high credit card fraud rate, we reserves the right to request documentation for verification purposes, such as a copy of the credit card used to establish the account, a credit card or utility bill, a valid photo identification such as a passport, driver license and/or other government issued identification.
The Service is not intended to replace Customer's primary phone service. All Traffic carried by the Service(s) must be IP originated. Customer acknowledges and agrees that the Service(s) may not be compatible with all communication equipment. In addition, different regulatory treatment may be applied to the Service(s) than is applied to other telecommunications services, which may affect Customer's rights before regulatory agencies and other governmental bodies. The Service does not function in the event of power failure. Should there be a power interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require that Equipment be reset or reconfigured prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including any 911 calling feature that may be activated in or accessed by the Service. Provider does not support 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 "dial-around" calls. The Service(s) may not support 311, 411, 511 and/or other x11 services in some or all Service areas. Customer understands and acknowledges that access to the aforementioned functionality is not part of the Service(s).
4. Product Configuration
4.1. Our services are not intended for the inexperienced user. We do not offer technical assistance for third party devices including PBX servers or switches, IP phones and ATA adapters. We may offer a paid support solution which will be charged separately upon your acceptance of our offer to provide such service.
4.2. We may in some cases, as a courtesy, provide sample configuration for Asterisk or Freeswitch servers, and standard SIP settings for use with IP Phones/softphones or devices. The sample configuration provided will not assist with internal routing, extension logic or calling plans. It is the end users responsibility to properly configure their servers and or devices for use with our services.
5. Refund Policy
5.1. We offer full refunds on remaining pre-paid balances upon request for all payments made within 60 days. We do not offer refunds for monthly subscriptions such as DIDs or Toll Free numbers. There will be no refunds for one-time/setup fees including one-time fees for custom toll free numbers. We reserve the right to require a minimum deposit towards future usage.
6. Site Policies, Modification & Severability
6.1. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. It is your responsibility to stay aware of these Terms & Conditions.
7. General Complaints
7.1. . Please send reports of activity in violation of these Terms & Conditions to firstname.lastname@example.org so that we can investigate incidents violations. We as the Provider may involve and will cooperate with law enforcement officials as required and/or if any criminal activity is suspected. Violations may involve criminal and civil liability.
8. Compliance and Conduct
You agree to use the Site in strict compliance with all applicable laws, rulings and regulations and in a manner that does not, in our sole judgment, negatively reflect on our goodwill or reputation. You further agree that you shall take no actions which would cause our company to be in violation of any laws, rulings or regulations applicable to us. You agree that you will not - before, during or after the use of our services say or cause to be said, write or cause to be written, publish in any way manner or form or cause to be published, any negative or disparaging comments, pictures, postings, blog entries, posting of any online comments or forum or similar online venues, which are negative to us; and, if so doing, in any case, to pay $2,000 per such infraction. You agree not to take or allow any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site. You agree not to use the Site in any manner that might interfere with the rights of third parties.
9. Submissions or Contributions
Any comments, suggestions or other information you send to us is provided without restriction or obligation and (a) will not be considered confidential or proprietary, (b) Conexiant and its affiliates are under no obligation to keep such information confidential, and (c) we will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such submissions in any manner it chooses.
10. License and Ownership
The Site is the sole property of Telefinity Media Corporation. Any and all rights, including, without limitation, intellectual property rights, associated with the Site, including, without limitation, rights to its content, code, and applications, are the sole property of Telefinity, its affiliates or third parties. The Site is protected by trademark, copyright, other intellectual property and other laws in both the United States and other countries. Except as otherwise expressly authorized by these Terms, by applicable law, or by a separate agreement governing the services provided to you by us you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any portion of the Site in any way without our or the appropriate third party's prior written permission. Except to the extent allowed by applicable law, you agree that you shall not reverse-engineer or attempt to reverse-engineer any portion of the Site. Except as expressly provided herein, we do not grant to you any express or implied rights to the Site or to our or any third party's intellectual property. We grants you a limited, personal, non-exclusive, non-transferable, non-sub licensable, revocable license to access and use the Site only in the manner presented by us, and only for the purposes intended by us. Except for this limited license, we do not convey any interest in or to the Site or any other of our property by permitting you to access or use the Site.
11. Content and Liability Disclaimer
We as Provider, uses reasonable efforts to include accurate, complete and current information on this Site. However, we do not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and will be subject to the Terms and Conditions and privacy policies applicable to those websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party website, or the information contained therein. We are not responsible for the availability of any such websites, and is not responsible or liable for any content thereon. It is up to you to take precautions to ensure that whatever website you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. THIS SITE IS PROVIDED ON AN "AS IS" BASIS, AND USE OF THIS SITE IS AT YOUR OWN RISK. TELEFINITY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CONEXIANT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THESE TERMS OR IN A SEPARATE AGREEMENT BETWEEN YOU AND US. WE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF APPLICABLE LAW PROHIBITS OR RESTRICTS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN OUR LIABILITY IS LIMITED AND WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT LIABILITY SHALL, IN NO EVENT, EXCEED $100.00. STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
12. Emergency Service 911 Terms & Conditions and Definitions
E911 - Emergency call service typically used for delivering emergency calls to a public safety access point. (PSAP)
911 Service Terms & Conditions
Due to recent pursuant FCC rulings and regulations, all customers who are using our services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs. Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.
Enhanced 911 service is not available to every location within the United States at this time, and you may incur a $95 surcharge if you call from an uncovered location. For locations where E911 is not currently available, you will be required to announce the location of your emergency to the PSAP dispatcher.
Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. We will, however, will take commercially reasonable actions to prevent service outages within its network.
In order for E911 address information to be passed to the PSAP dispatcher, you must set your outbound Caller ID value to the specific DID for which you are purchasing E911. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID for which you have enabled E911 services. Failure to set the correct Caller ID value will result in a non-refundable $95 surcharge per 911 call.
At any time, you may test your outbound caller ID value by dialing ’933′ through our network. By using Enhanced 911 service, Customer agrees that Conexiant, it’s contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with us is not held liable for emergency calls failing, even if it is determined that a failure is our fault or that of our related companies, associates or employees or contractors. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the our E911 service of our limitations and require Customers to agree to not hold Telefinity or Conexiant liable.
Customer will be charged a fee of up to $1.29 per month for each DID submitted to the E911 database. This fee is non-refundable. Failure to enable E911 service or calling from a non-covered area will result in a non-refundable $95 surcharge per 911 call.
13. Account Signup and Security
If you sign up for an account on the Site, you agree to provide, truthfully and accurately, all information requested by during the signup process. This information is required by to verify your identity, to establish your account, and to set up any services you may obtain. If Conexiant, in its sole judgment, has any reason to doubt the accuracy or legitimacy of the information provided, or has any reason to doubt that the information provided is sufficient to verify your identity, we may deny you an account, terminate or suspend your existing account, or terminate or suspend your access to or use of the Site. By signing up for an account on the Site, you authorize us to communicate with you by telephone, text, email or fax regarding your account using any of the personal information you provided. If you register for an account on the Site, you are responsible for maintaining the confidentiality of your account login and password information, and for restricting access to your computer, or computers you use, to prevent unauthorized access to your account. You agree to accept all responsibility and liability for all activities that occur under your account.
12. USF & Taxes
Federal USF charges and other applicable taxes are not included in our published prices or rate sheets. USF charges range from 14.2% to 17.1%, and are re-set every three months by the FCC. Customers accept the responsibility of payment for all applicable taxes, whether or not such charges and taxes are correctly or fully charged at the time of service. As the Provider we will charge USF and Sales and other taxes, and may include a separate Regulatory Recovery Fee to all products and services including DIDs, TF numbers, servers and inbound and outbound voice traffic as may be applicable or as we decide, from time to time. To handle collection of taxes, we calculate USF and other taxes after the fact on a daily, weekly or monthly basis. Customers will see an extra entry for USF and other applicable taxes charged to and deducted from their account from time to time. If a customer has their own FCC filer number for USF, the customer may request to be exempt from USF charges by completing the required tax exemption forms. For questions related to taxes or to obtain exemption forms, contact email@example.com
In addition to other restrictions set forth in these Terms & Conditions, you agree that:
You shall not disguise the origin of information transmitted through the Site.
You will not place false or misleading information on the Site.
You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by us.
You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or the Site, that infringes the intellectual property rights of another, or otherwise impairs the ability of other users to access or use the Site.
Certain areas of the Site are restricted to only our customers
You may not use or access the Site in any way that, in our judgment, adversely affects the performance or function of the Site, or the services offered via the Site, or interferes with the ability of authorized parties to access or use the Site, or the services offered via the Site.
Short Duration Call Penalty
If Customer sends termination traffic to a non-dialer rate deck, any traffic with a call duration of six seconds or less, a Short Duration Call Penalty of $0.005 per-call (not per-minute) will be assessed. The Customer will be charged and must immediately pay this Penalty.
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