THREEPBX TERMS AND CONDITIONS
A contract between you and us is created when you sign up for ThreePBX's SaaS service and/or SaaS consulting services, consisting of the order, the applicable service description, any applicable statement of work, and this agreement. Your acceptance of and agreement to be bound by these terms and conditions is confirmed by any one of the following actions: (1) by electronically agreeing to the terms and conditions during the ordering process and/or when logging on to use your service, (2) your submittal of an order; (3) your execution of a ThreePBX service agreement or any other agreement incorporating these terms and conditions; (4) your use of the service described herein; (5) your request for or receipt of consulting services; and (6) your use of the website. You agree to be bound by the terms of this agreement and all terms and conditions incorporated by reference into this agreement by taking these actions.
- INTRODUCTION: These ThreePBX SaaS Terms and Conditions, along with any ThreePBX Service Agreement, end-user license agreement, end-user service agreement, other terms and conditions, operating rules, policies, price schedules, service descriptions, statements of work, or other supplemental documents signed by you and ThreePBX or otherwise relevant to your services and/or expressly incorporated herein by reference and published from time to time (collectively, the ThreePBX Documents) (the ThreePBX Documents) are the terms and conditions that apply to the use of This Agreement is between ThreePBX, Inc., a Delaware corporation (hereinafter referred to as "we," "us," or "ThreePBX") and the party identified in the related registration Order Form (hereinafter referred to as "you," "user," or "Customer") regarding ThreePBX's Service (as defined in Section 2.6 of this Agreement) and its provision of Consulting Services (as defined in Section 2.1 of this Agreement) related thereto, and it replaces any prior understandings, discussions, For the purposes of this Agreement, "ThreePBX" refers to each of our subsidiaries, affiliates, agents, workers, predecessors in interest, succeeding persons, attorneys, and other service providers who provide you with devices or services in accordance with this Agreement.
- The term "Consulting Services" refers to any SaaS consulting services we offer to you, including Standard Onboarding, Custom Services, Professional Services, training services, installation, integration, and other consulting services pertaining to the Service.
- A separate Statement of Work that details the precise duties that ThreePBX will carry out and the price that you will pay for those services is what is referred to as "Custom Services" and it defines the extent of customized professional SaaS consulting services.
- User guides and other materials pertaining to the Services that are made available to the customer by ThreePBX via the Internet or printed materials are referred to as "Documentation" in this context.
- The ThreePBX-approved form or online subscription process via which you agree to subscribe to the Service and/or acquire Professional Services or Custom Services is referred to as a "Order," "Order Form," or "Quote." Our online quoting method is used to complete the majority of orders. If you are ordering Custom Services, the Order may also be referred to as a "Statement of Work."
- Professional Services" refers to professional SaaS consulting services linked to the Service that ThreePBX offers to you for an additional cost and that are mentioned in the Service Description.
- The term "Service" refers to the goods and services that we are offering to you in accordance with any Quote or Order Form and that are made online available by us. This includes, but is not limited to, the ThreePBX platform, collaboration services, analytics, the Customer Relations Management system, Cospace, and any other related software, hardware, or web-based platforms that are mentioned in the Documentation. Content and Third-Party Applications are not considered "Service." The term "Service" also refers to any additional services that you receive that are detailed in an addendum or amendment, as well as any Consulting Services that may be necessary.
- Service Description" refers to the Professional Services' description as it appears on ThreePBX's website threepbx.com
- "Software" refers to any proprietary software that ThreePBX owns, licenses, or has the right to sublicense pursuant to this Agreement. This software may either be delivered to Customer under the terms of this Agreement or may be utilized in or in connection with the provision of the Service.
- The setup and/or implementation specified in the Standard Onboarding Form that is created for and provided with the Services you have ordered at no additional cost is referred to as "Standard Onboarding." Custom Services and Professional Services are not included in Standard Onboarding.
- Standard Onboarding Form" refers to the section of the Order Form that details the typical implementations and/or setups provided with the Services you have purchased.
- TERMS AND PRICE REVISIONS: We reserve the right to change the terms and conditions of this Agreement at any time (including, without limitation, any of the policies incorporated by reference). Any updates to the Agreement or price must be posted on the ThreePBX website (the "Website") and are deemed to have been given and to be in effect as of the date of posting. Aside from during the first term of a Minimum Commitment Contract like a ThreePBX Service Agreement, pricing is also subject to alter at any moment, with or without prior notice. Any price changes for your account will be reflected in an invoice that is given to you at that time. Subject to the Termination conditions specified in this Agreement, you shall promptly discontinue your Service if you do not agree to a revision or price change. You expressly acknowledge and agree to all such revisions and/or pricing adjustments by using the Service after revision(s) and/or pricing changes have taken effect.
- You must meet the following requirements in order to utilize the Service:
- being capable of entering into contracts and at least eighteen (18) years old;
- finish the registration procedure;
- Accept the terms and conditions herein;
- Provide accurate, current, and complete contact information.
- By using the Service, you confirm and guarantee that you abide by the terms and conditions specified above and that you won't use it in a manner that is against the law. ThreePBX reserves the right to terminate service, delete any user's account, and modify the eligibility requirements at any time.
- USE OF SERVICE
- Business Strategies: You are given service as a business user for usage in your place of business and home office. This indicates that you aren't utilizing it for any private, domestic, non-commercial, or independent-contractor purposes. This also implies that, without express prior written consent from ThreePBX, you are not permitted to resell, transfer, or charge for the use of the Service to anyone else for any reason. If ThreePBX finds, in its sole judgment, that you are using the Service for non-business or non-commercial usage, ThreePBX reserves the right to immediately cancel or modify the Service.
- Restrictions: You agree not to: (a) use the Software or Service for any purpose other than those expressly permitted by this Agreement; (b) copy or modify the Software or the Service; (c) reverse engineer, translate, decompile, or disassemble the Software or Service; or (d) use the Software or Service in any outsourcing, application service provider, time-sharing, or service bureau arrangement Without limiting the foregoing, any usage to process data or provide services to, or on behalf of, a party other than the Customer; or (e) cause or facilitate the disabling of or access to any security feature built into or linked to the Software or Service.
- User accountability: You acknowledge that you are accountable for any and all account-related uses. You are aware that this entails accepting complete duty and responsibility for your conduct as well as the conduct of anyone who accesses the Service using your account, whether with or without your consent. You agree that ThreePBX will use the Internet to deliver you information, including your password. You acknowledge that the Internet is not a secure network and that information you transmit over the Internet may be intercepted, accessed, used, or corrupted by a third party. You must keep your User IDs and Passwords secure if you want to keep your Service secure.
- Service Utilization by Clients Outside of the United States: Customers outside of the United States are not currently eligible for ThreePBX's service or support. You consent to hold us harmless from any lawsuits, losses, or expenditures arising from your use of the Service outside of the US. If ThreePBX finds that you have used the Service in violation of any laws, including without limitation those of the United States and/or other jurisdictions outside the United States, it retains the right to immediately disconnect the Service or stop offering Consulting Services. Any and all uses of the service made by anyone using the service that was given to you are totally your responsibility.
- Account holder: The legal entity (such as a corporation, partnership, or individual) that registers for the Service with ThreePBX shall be the owner of the account under which the Service is ordered. In the absence of a legal organization being specified at account creation, the account owner, if any, shall be the holder of the credit card used to open such account. Any subsequent ownership changes must be supported by the necessary legal paperwork. Any internal business conflicts as well as disputes relating to ownership shall not be decided by ThreePBX. ThreePBX retains the right to suspend or cancel the account and Services if it is unable to identify the legitimate account owner.
- Services substitution and discontinuation: Without your consent, ThreePBX may, in its sole discretion, discontinue or replace any service, feature, or functionality. Upon your written request, ThreePBX will lower the fees assessed to your account by the amount you specifically pay for any such discontinued or substituted service, feature, or functionality if ThreePBX discontinues a service, feature, or functionality or fails to replace a service, feature, or functionality with an equivalent service, feature, or functionality. Despite the aforementioned, ThreePBX may, on a limited, temporary, or trial basis, add certain services, features, and/or functionality to your account. Any such services, features, and/or functionalities may be discontinued by ThreePBX at any time without prior notice or payment to you. Additionally, ThreePBX reserves the right to impose fees as a condition of your continued use of any such services, features, and/or functionalities.
- OFFERING OF FREE SOFTWARE: A free, severely constrained version of the software (a "Free Version") may occasionally be made available to you by ThreePBX.
- Generally: The Free Version is made available "as-is, where-is" and without any type of warranty. Without your consent and without paying you any money, ThreePBX maintains the right to terminate the Free Version at any time, along with any services, features, or functionality that are part of it. Insofar as it is commercially feasible, ThreePBX will give you sufficient warning before any Free Version termination is anticipated. The Free Version's services, features, and functionalities are changeable with or without prior notification to you. You acknowledge that you are responsible for paying any costs, taxes, charges, and surcharges that result from using the Free Version in excess of its permitted uses, including but not restricted to overage fees and international calling rates.
- Extra Services: On occasion, you can be asked to add extra features or services to the Free Version (referred to as the "Added Services"). Except to the extent that you agree to any restrictions that ThreePBX specifies for access to such Added Services, your use of a Free Version does not provide you the right to utilize any Added Services. To fully enable your use of such Added Services, you may also need to purchase additional hardware, features, or services, or agree to a minimum-term commitment. Such additional requirements may include, but are not limited to: payment of an additional cost (subscription, taxes, fees, and the like).
- Assignment and use of numbers: You will receive a phone number from ThreePBX if your Free Version has voice usage features and/or functionalities. Adding a phone number to your ThreePBX Free Version account is also possible. You acknowledge and accept that ThreePBX may deactivate your account and transfer your phone number to another user if you do not use the voice, SMS, or MMS capabilities and/or functionalities included with your Free Version for a duration of thirty (30) days. If a phone number is taken away from your account for inactivity, you also understand and agree that ThreePBX may assign a new phone number to your account if you ask for the voice features and/or functionalities to be enabled again. However, ThreePBX might not be able to restore the phone number that was originally assigned to you or ported to your account.
- LENGTH OF SERVICE:
- Term of Service: For the duration of the agreement, you have with us, we supply the Service. Your term starts on the later of either the "Subscription Date," which is the day you first ordered the service, or the day we successfully process your payment. You have previously used the service. The Service is being purchased by you for the whole period of time specified in the Order as well as any renewal terms specified in Section 6.2.
- Continual Renewal: Unless you give ThreePBX notice as described in Section 6.4 of this Agreement at least thirty (30) days before the end of the then-current service term, the Service will automatically renew for successive terms that are the same length as the initial term, except any promotional months. Every renewal term starts the day following the final day of the preceding term. You will be charged for any and all fees assessed to your account during the first term and any renewal periods using the payment method that is currently on file, which may include any payment method that is automatically updated by your issuing bank. Without providing further notice, ThreePBX reserves the right to automatically recharge the payment method up to the point at which payment is made, the payment method is updated, or the Service is terminated due to nonpayment if you are paying with a credit card and it is rejected, deemed invalid, or not timely made by the credit card issuer.
- Our ability to pause: You acknowledge and accept that ThreePBX has the authority to immediately stop or end the entire Service at any time if:
- We find or have reason to believe that you have broken this Agreement, any other agreement between you and ThreePBX, or any applicable law;
- that you have materially broken any such agreement; and that you have violated any such legislation.
- We find, or have cause to suspect, that you utilized dishonest means to pay for the Service, including the use of a phony credit card.
- We find or have cause to suspect that you have verbally or otherwise harassed or mistreated any ThreePBX employee, contractor, agent, or representative.
- law enforcement or other government organizations have instructed us to stop, halt, or disconnect your Services;
- You file a lawsuit against ThreePBX, participate in a class action lawsuit against ThreePBX, or both;
- We determine that such action is necessary to protect, maintain, or improve the Service, to prevent fraud or misrepresentation, to protect ThreePBX, its customers, or other third-party ThreePBX affiliates, or for any other good reason;
- A petition in bankruptcy is filed by you or against you, and the petition is not dismissed within thirty (30) days of the effective filing date thereof; A trustee or receiver is appointed over you or your material assets;
- These ThreePBX Terms and Conditions or any other ThreePBX Terms and Conditions (such as the ThreePBX VoIP Terms and Conditions) have been broken by you; or this Agreement foresees something else.
- At the time of disconnecting, any fees outstanding must be paid in full. Unpaid balances on disconnected accounts will be collected, and we may also inform credit bureaus of these unpaid charges.
- Service termination: Contact our Customer Care Department at email@example.com or
Call 877-771-7464 at least thirty (30) days before the end of the current service term if you
wish to cancel the Service. Please review the ThreePBX Cancellation Policy available at
threepbx.com on our website. The termination of your Services will take effect at the
end of the renewal term if you give notice of termination less than thirty (30) days before the end
of your then-current term. Your Agreement will then renew in accordance with the terms of this
- CHARGES AND FEES.
- Charges and fees: With or without prior notice, your fees and charges may fluctuate from time to time (except pricing will not change during the initial term of a Minimum Commitment Contract). Any price changes for your account will be reflected in an invoice that is given to you at that time. A special introductory price may be offered on new and/or existing items and services that we introduce or otherwise make available. There will be no retroactive application of introductory price to already-provided services, and it may only be used temporarily. We reserve the right to alter, scale back, or end the introductory price at any time.
- Billing progressions: The particular package the customer selects determines all billing procedures. Please consult the website for detailed payment policies.
- Taxes: Any and all applicable sales, use, excise, value-added, personal property, public utility, and other taxes, fees, and charges that result from or are related to Customer's subscription to, use of, or payment for the Service or the Consulting Services are the responsibility of Customer, and Customer shall pay. These sums will be billed to you in addition to the cost of the Service and/or Consulting Services. If Customer is exempt from paying these taxes, you must give ThreePBX an original certificate from the government attesting to their tax-exempt status. Only from and after the date ThreePBX receives such a certificate will tax exemption be in effect.
- Fee for activation: According to the product and selected plan, there may also be additional installation fees that are specified on the ThreePBX website.
- Fee for reinstatement: Any service that has been disabled due to unpaid fees must pay a reinstatement cost of up to $25.
- Check return charge: If a check, draft, or other payment is returned or dishonored by your banking institution, ThreePBX may charge you up to the maximum amount allowed by law.
- PAYMENT AND BILLING
- Billing: For each term of service for the Service and any Professional Services or Custom Services that you request, we will bill you in advance. In the event that you chose a free trial option, we will start billing you for that Service at the conclusion of the trial period unless you cancel the free trial option earlier. This Service will be added to your account for the duration of your term if it is not cancelled before the trial period expires. Any subsequent removal of the Service will be subject to ThreePBX's Cancellation Policy and any and all applicable early termination fees. If you do cancel a free trial offer before the trial time has ended, ThreePBX may instantly stop giving you access to the free trial offer without giving you prior warning. ThreePBX will not be deemed to have waived its right to eventually terminate your access to the free trial offer if it fails to do so quickly. You additionally agree that following the expiration of your free trial period, you won't access or attempt to access any free trial offerings. When you sign up for the Service or purchase Custom Services, you must provide a working email address and a credit card that we accept as payment. Your payment method or your payments may no longer be accepted by us. If your payment method expires, your account is closed, your billing address changes, your email address changes, or your payment method is cancelled and replaced due to loss or theft, you must notify us right once. All costs, taxes, and surcharges for each service term, with the exception of usage-based fees, will be billed in advance to your chosen payment method. In addition, there may be charges for activation, porting, early termination ("ETF"), reinstatement, and returned checks. All costs may be charged to your payment method at our discretion. Usage-based fees and any other costs that we decide to bill as due immediately each month will be billed in this manner. Bills will be uploaded to the customer site and sent via email to the registered email address. A late payment fee equal to the lower of I one and a half percent (1.5%) per month or (ii) the maximum rate permitted by law may be applied to any payment that is not paid by the due date. Regardless of whether they are labelled or designated as "Paid in Full," "Accord and Satisfaction," or another similar designation, ThreePBX's acceptance of late or partial payments will not limit or otherwise affect ThreePBX's ability to recover any outstanding debt. If any fees or charges are not paid within thirty (30) days of the due date, ThreePBX may stop offering the Services and stop offering consulting services.
- Payment: You give us permission to charge your chosen payment method for any and all payments associated with the Service, any Professional Services, or any Custom Services you order. This authorization to charge your payment method will be in effect until thirty (30) days after you cancel it. Prior to receiving the requested services, all fees for professional or customized services must be paid in full.
- Collection: You will still be liable to us for all fees under this agreement and any expenses we incur to collect these amounts, including without limitation collection costs and attorney's fees, even if we stop providing the Service or end the Consulting Services. Additionally, you consent to paying any additional fees or charges that are added to your billing account for any reason, including but not limited to interest and costs for bad credit.
- Notices: You realize it's challenging for us to tell a debit card from a credit card. You consent to the waiver by us of your entitlement under Regulation E to ten (10)days prior notice of the amount that we propose to debit from your account. We reserve the right to occasionally contact you regarding your billing, but we are under no obligation to do so. Without giving you prior notice, we reserve the right to modify or stop sending you messages.
- Billing Conflicts: If you object to any ThreePBX charges that appear on that statement or that have been deducted from your account, you must raise the objection in writing within seven (7) days of receiving the statement or from the time funds are debited from your bank account; otherwise, the objection will be deemed waived. Billing@threepbx.com is where you should send notifications of any billing disputes. If a disputed amount was not paid by the due date and ThreePBX finds that you disputed the charge in bad faith, ThreePBX will impose a late fee as outlined in Section 8.1.
- Accidental Costs: You consent to pay ThreePBX for reasonable travel, office, and out-of-pocket costs associated with the Consulting Services, including but not limited to reasonable travel, hotel, food, and telephone costs (collectively, the "Incidental Expenses"). You consent to ThreePBX using your chosen payment method to bill you for incidental costs. If these costs aren't already charged to your payment method, ThreePBX maintains the right to send you a separate invoice for them, which you'll have to pay as soon as you receive it.
- PAYMENT AND PRICES.
- Costs and charges: Unless otherwise specified in this Agreement, ThreePBX provides you with the Service, Custom Services, and Professional Services fees and charges during the ordering process. You consent to paying all fees, both one-time and ongoing. You also agree that your credit card will be used to pay for any taxes and other expenses, such as account setup fees, shipping and handling, and other one-time charges. On the first day of each payment cycle, recurring costs will be levied and automatically applied to your credit card. On the anniversary of the subscription date specified in section 6.1, your paying cycle will start.
- You agree that we may, without further notice or consent, charge your credit card (if applicable) for all amounts due to us: You agree to use a credit card rather than a debit card if you plan to pay using a credit card. You give us permission to use your card as a credit card if it is a hybrid credit/debit card. You agree that we may charge this new credit card for all sums due to us without further notice or agreement if your issuing bank automatically sends us a new credit card. Additionally, you consent to hold us harmless from any lawsuits, losses, or expenses that arise from your decision to use a debit card rather than a credit card (if applicable). You will not be able to access the Service or get Consulting Services until your account is paid in full if your credit card is rejected, invalid, or payment is not made by the issuer of your credit card at the time that a charge is attempted.
- Term of Credit: Your credit may be reviewed or approved by ThreePBX before any Services are offered to you and covered by the Agreement. At any moment, ThreePBX may require credit information or a guarantee from you. ThreePBX reserves the right to revoke credit at any time and without prior notice, or to demand a deposit.
- Service Termination Due to Nonpayment: In the event that you default on a payment, your credit card provider refuses or ceases to extend credit to you for any reason, or you fail to provide us with a new credit card expiration date before the current one expires, the Service and any Consulting Services offered to you may be revoked or terminated at any time without prior notice. You shall have 24 hours to supply ThreePBX with your payment method, including credit card information, if applicable, if your payment method fails for any reason during the ordering process or any regular or monthly billing process. ThreePBX shall stop offering consulting services and terminate the Service if the payment method issue is not resolved in 48 hours. Your phone plan and billing cycle will remain the same if your new payment method is accepted within 24 hours. At any time, we have the right to change the per-minute calling plan. You consent to paying ThreePBX all fees due, including but not limited to the reinstatement cost for services that have been reactivated. You consent to reimburse ThreePBX for all costs needed to recover any amounts owed, including attorneys' fees, in the event that ThreePBX uses a collection agency or turns to legal action.
- Discounts and promotions: The amount of discounts and/or promotions you are qualified for from ThreePBX during a particular time frame may be restricted. ThreePBX reserves the right to modify or discontinue any current promotions and discounts at any moment, with or without prior warning (except with respect to discounted pricing during the initial term of a Minimum Commitment Contract).
- Policy on Cancellations: The Cancellation Policy published on our website at threepbx.com outlines ThreePBX's cancellation policies, which are incorporated into this policy by this reference. All cancellation requests must be made at least thirty (30) days prior to the end of the then-current Service term and must be made in the form of an email ticket to firstname.lastname@example.org or by phoning our customer care department at 877-771-7464. Details can be found in the cancellation policy. The Cancellation Policy may be changed at any time without giving you prior notice, and changes take effect the day after they are posted on our website.
- SERVICES FOR CONSULTATION.
- Consulting Services: By submitting an Order to us, you can acquire Professional Services and Custom Services (collectively, "Purchased Consulting Services"). The provisions of this Agreement will apply to all purchased consulting services.
In exchange for your payment of all relevant fees, ThreePBX commits to provide you with the services outlined in the Service Description if you select Professional Services. In its sole discretion, ThreePBX maintains the right to alter the Service Description at any time, including its pricing, and to choose whether or not such modifications apply to both current and potential customers. Subject to your payment of all applicable fees, ThreePBX commits to provide the services outlined in the separate Statement of Work between you and ThreePBX if you purchase Custom Services.
In addition to any fees assessed for the Service, there are fees for these Purchased Consulting Services. If the consulting services you have purchased are recurring, they will be included in your subscription and renewed together with the service, as described in Section 6.2 of this Agreement.
Your obligation to pay any charge for Purchased Consulting Services that is payable by you throughout the course of a Minimum Commitment Contract is unbreakable and not susceptible to setoff. You will be required to pay the remaining installments of the price immediately if your Services are canceled before the conclusion of the initial term or the minimum commitment period. If ThreePBX does not expressly agree differently in writing, any additional professional service costs that are charged over and above the first amount are payable upon invoice. Professional service fees are not eligible for any discounts or free months of service, among other promotions.
If the Purchased Consulting Services include a certain number of hours, those hours will expire in accordance with the applicable Service Description or Statement of Work, and their expiration time will start after the purchase has been made (the "Expiration Period"). You consent to paying ThreePBX the prevailing hourly overage rate (as specified in the applicable Service Description or Statement of Work) for each hour, or fraction of an hour, of service provided to you by ThreePBX in excess of the included, unexpired hours, immediately upon invoice if additional service hours are performed above and beyond the hours included with the Purchased Consulting Services. You consent to ThreePBX billing your chosen payment method for any unused hours.
It is anticipated that any deliverables that ThreePBX agrees to perform for a fixed fee as part of the purchased consulting services will be finished within the time frame specified as the delivery period in the relevant description. This delivery period will start once the consulting services have been purchased (the "Delivery Period"). Unless ThreePBX expressly agrees otherwise in writing, the Purchased Consulting Services provided will be deemed complete at the end of the Delivery Period if they are not finished at the end of the Delivery Period as a result of your failure to perform your obligations or to make the required resources available to us. The Delivery Period will be extended to provide us more time to finish the Purchased Consulting Services if they aren't finished by the end of the Delivery Period because we didn't give you the resources you needed or didn't fulfill our responsibilities.
We may use outside service providers to deliver any or all of the Consulting Services. All costs paid for purchased consulting services are non-refundable and consulting services cannot be cancelled.
- Delivery: Unless ThreePBX specifically agrees otherwise in writing, all Consulting Services, including any Purchased Consulting Services, will be delivered to you remotely and include consulting services for the Service via telephone and remote access. The way and means by which the Consulting Services will be carried out will be decided solely by ThreePBX. ThreePBX is responsible for choosing the following: (a) the proper venue, time, and equipment for the performance; (b) the tools and personnel to be used in connection with the performance; and (c) the personnel and staffing (including, without limitation, employees or outside subcontractors) to be used for the performance.
- Products and services from other parties: The consulting services do not cover warranties, repairs, technical support, troubleshooting, or any other support for goods, software, or services from third parties. If necessary, ThreePBX will serve as a mediator between you and a third-party vendor to help you get any third-party support services or assistance to which you may be entitled under the terms of your contracts with those vendors. You agree to defend and hold ThreePBX harmless from any claims relating to those third-party products, software, or services. You alone are responsible for any costs related to any third-party services you obtain.
- Supported software: You may be required to maintain software at ThreePBX-specified minimum release levels or configurations, in ThreePBX's sole discretion. You further comprehend and concur that in order to maintain your systems eligible for the Consulting Services, you must apply software patches, updates, or subsequent releases in accordance with ThreePBX's instructions.
- Exclusions: Except where specifically stated in the Service Description, Statement of Work, or in writing by ThreePBX, the Consulting Services do not include or cover any of the following: (1) VoIP services; (2) equipment and accessories, including equipment purchased from or through ThreePBX; (3) vFAX services; or (4) any services not specifically stated in the Service Description, Statement of Work, or Standard Onboarding Form. Additionally, ThreePBX will never be obliged to take any of the following actions: Perform Consulting Services outside of the United States or in any language other than English; (a) anything that ThreePBX reasonably believes could endanger its employees, agents, or others; (b) configure end-point IP devices that ThreePBX has not expressly certified as compatible with the Service; and (c)Unless otherwise agreed to in writing by ThreePBX, the Consulting Services may not be performed as follows: (d) move any furniture, equipment, or other material weighing more than forty (40) pounds; (e) transport Customer equipment or other materials (including telephones) to, from, or between locations; (f) perform the Consulting Services outside of regular business hours (Monday through Friday 8 am to 5 pm local time, excluding holidays); (g) make changes to the Customer's network; or (h) implement anything other In the event that ThreePBX decides to deploy and/or provision uncertified devices, the customer acknowledges and agrees that such provisioning may be unsuccessful, create delays, and/or necessitate adjustments to the implementation schedule.
- Customer Responsibilities:
- You agree to follow the instructions ThreePBX provides and where applicable, before you ask ThreePBX to provide the Consulting Services you agree to follow the problem determination, problem analysis, and service request procedures that ThreePBX provides.
- You agree to cooperate with ThreePBX to see to it that the Consulting Services are successfully completed.
- You certify to ThreePBX that you have obtained the necessary authorizations for both you and ThreePBX to access and use such computers, servers, and data, and you agree to grant ThreePBX reasonable access to your computers, servers, or other data as ThreePBX, in its sole discretion, deems necessary to provide the Service. Before asking ThreePBX to provide the Consulting Services, you agree to get such approval, at your expense, if you haven't already.
- You agree to promptly make all technical data, facilities, programs, files, documentation, test data, sample output, and other information and resources that ThreePBX may reasonably require for the performance of the Consulting Services available. You also agree to provide services and access to equipment and all supporting infrastructure, including network connectivity and power supply requirements.
- You must carry out all customer obligations outlined in this Agreement, the Service Description, and the Statement of Work in order to obtain the Consulting Services. Please read all of your commitments carefully. ThreePBX will not be required to execute the consulting services if you don't take care of all of your customer obligations, or there might be an additional fee.
- You acknowledge and accept that ThreePBX is not liable for any lost or damaged data or software. You should keep an extensive data backup and disaster recovery plan, according to ThreePBX.
- Cooperation: You will assist ThreePBX in the performance of the Consulting Services in a reasonable and sincere manner, including but not limited to:
- providing enough resources and promptly completing all tasks that are logically required to allow ThreePBX to provide the Consulting Service;
- timely fulfilling all responsibilities and delivery deadlines under this Agreement;
- promptly answering ThreePBX's questions regarding the Consulting Services;
- assigning a project manager or other internal representative to act as ThreePBX's main point of contact. This person must have the necessary technical knowledge to undertake the necessary data collection and design tasks and to fairly help ThreePBX in providing the Consulting Services, including but not limited to developing the Consulting Services' scope and the implementation schedule;
- actively taking part in project meetings as scheduled;
- providing ThreePBX with office space, telephone and other facilities, appropriately configured computer equipment with Internet access, access to Customer's qualified employees and agents, ongoing administrative access to Customer's Online Service account, coordination of in-person, online, and telephone meetings, all as reasonably requested by ThreePBX, in a timely manner and without charge;
- Information, statistics, and feedback that are all complete, accurate, and available when reasonably necessary.
- Customer shall pay any and all costs associated with the training and/or education, including but not limited to any program fees, materials, and travel expenses, if Customer requires the ThreePBX staff providing the Consulting Services to complete specific training or education prior to or during the provision of the Consulting Services.
- Your Responsibilities for Onsite Consulting Services: Unless otherwise specified in writing by ThreePBX, all Consulting Services must be conducted remotely. If the Consulting Services are to be carried out onsite at a location that has been chosen by you, ThreePBX must, unless otherwise agreed upon in advance, authorize all budgeted travel and expenses associated with such onsite visits. For customers obtaining services on-site, the following obligations apply:
- Safe working conditions: Customer is responsible for keeping all sites visited by ThreePBX personnel in a safe working condition. Prior to any visit by ThreePBX personnel, Customer shall promptly notify ThreePBX of any hazardous conditions at any such site. Customer acknowledges and agrees that failure to do so could prevent or impede ThreePBX from providing the Consulting Services or result in performance issues. Customer is not required to implement any equipment, resources, system, or network configuration change that ThreePBX recommends.
Site information for customers: The Customer's project manager must give ThreePBX's project manager the following details for the site to be visited at least fifteen (15) days before a site visit, unless otherwise specified in the Statement of Work: (a) In Microsoft Excel format, the first and last name, extension number, email address, and any other information needed to setup the services for each User for whom the services outlined in the Statement of Work are to be deployed at the site; (b) written or illustrative dial plan, data, and call flow diagrams; (c) details regarding the site's configurations, equipment, and deployment needs, as specified by ThreePBX; and (d) the name and contact details for the site's main and backup contacts.
- Customer Network: Customer acknowledges and accepts that for the Consulting Services to operate at their best, a high-performance network and broadband Internet connection are necessary, and that any less could lead to the Service and/or Consulting Services operating in an unfavorable manner. Prior to each site visit, the customer is required to evaluate the network's readiness there and make sure the network, broadband Internet services, and connection there are configured and prepared to carry toll-quality voice.
- Customer site obligations: During each site visit, Customer is in charge of granting ThreePBX access to Customer's system administrators and other individuals necessary for the performance of the Consulting Services.
- PERMITTED USE OF THE SERVICE
- Legal Observance: You guarantee and represent that by using the Service, you will abide by all applicable laws and regulations.
- Your Responsibility: While using the Services, you are accountable for your behavior, Content, and interactions with other users. When utilizing the Service, you are required to adhere to the following rules:
- You are not permitted to buy, use, or use the Service with the intention of creating a rival good or service or for any other competitive goals.
- You may not attempt to access the Services in any other way than through the interfaces and instructions we provide, interfere with their normal operation, or otherwise misuse the Services.
- Any restrictions ThreePBX places on your account are not subject to circumvention or attempt.
- You are not permitted to probe, scan, or test the vulnerability of any ThreePBX system or network unless expressly permitted by ThreePBX in writing.
- You may not restrict access to, reverse-engineer, or attempt to reverse-engineer the Services unless expressly permitted by applicable law.
- Through the Services, you are not permitted to send any viruses, malware, or other malicious software, or links to such software.
- You are not permitted to use the Service in an abusive or excessive manner, which is defined as usage that considerably exceeds typical usage patterns and has a negative impact on the Service's responsiveness, stability, accessibility, or functioning for other users.
- You are not permitted to use the Service in order to break the law or to violate the intellectual property rights of others.
- You are not permitted to sell or lease the Service unless expressly permitted by ThreePBX in writing.
- Unless ThreePBX has agreed otherwise with you, you will be solely responsible for complying with any industry-specific requirements that apply to your use of the Service. Without first receiving ThreePBX's prior written consent, you may not use the Service in a way that would subject ThreePBX to certain industry-specific rules. For instance, you are not permitted to gather, safeguard, or otherwise handle "protected health information" (as outlined in 45 C.F.R. 160.103, which is US federal law).
- You are not permitted to create accounts using "bots" or other automated processes.
- RULES AND VIOLENCE
- General Rules: You commit to observing these guidelines:
- Spam is not tolerated at ThreePBX. This means that you, the sender, must have received legitimate consent from every email receiver to receive emails from you. If a subscriber sends unsolicited email, their account may be cancelled. We refer to "spam" in the sense described on the Spam Haus website.
- You won't use email address lists that you've bought, rented, or obtained from someone else.
- The promotion of discriminatory, hateful, or harassing content as well as accounts with the sole goal of encouraging or inciting damage against others are not permitted by ThreePBX. In order to do this, if you disseminate any content in any other way or send any email campaigns that we believe, in our sole judgment, contain either of the following:
- a danger to one's health:. This includes any claim, image, commercial, or other material that, in our sole discretion, could logically be interpreted as endorsing, advocating, or encouraging physical damage or violence against others.
- Intolerable Content: This includes any claim, illustration, picture, advertisement, or other piece of content that, in our sole judgment, might be construed as posing a threat to, inciting fear in, harassing, abusing, or discriminating against another person solely on the grounds of their race, ethnicity, national origin, sexual orientation, gender, gender identity, affiliation with a particular religion, age, disability, or immigration status.
- Additionally, we reserve the right to suspend or delete your account if we come to the conclusion that you are one of the following:
- an organization whose goals, objectives, positions, or founding tenets could be construed as supporting, encouraging, or endorsing hate speech; or a person making a physical threat.
- A person who has publicly expressed an opinion or made a comment that could be construed as hate speech or a threat to harm someone physically, including by joining the organizations mentioned above.
- a person or group that has acted in a way that could be fairly interpreted as supporting, condoning, encouraging, or representing hate speech or a physical harm threat.
- If you break any of these guidelines, we reserve the right to suspend or terminate your account.
- PCI COMPLIANCE
- PCI Guidelines: You must abide by the Payment Card Industry Data Security Standards (PCI-DSS), to the extent that they apply to your business (the "PCI Standards"), if you use the Service to accept payment card transactions. The specific steps you will need to take to comply with the PCI Standards will depend on how you implement the Service, but ThreePBX offers tools to make it easier for you to comply with the PCI Standards. Nevertheless, you must make sure that your company is compliant.
- Customer information: The security of Cardholder Data that we collect, transmit, store, or otherwise process on your behalf falls under the purview of ThreePBX. When a full unmasked card number is present, the cardholder's name, expiration date, and/or service code are all considered to be "Cardholder Data," along with their primary account number. YOU AGREE THAT IT IS PROHIBITED FOR YOU TO COLLECT OR ENTER CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS WITHIN THE SERVICE, EXCEPT INTO FIELDS MEANT SOLELY FOR THAT PURPOSE (i.e. where ThreePBX explicitly enables such data to be entered into such fields). The right fields are distinguished by labels like "Card number" or by having a credit card image appear before them. In a similar vein, you must never gather or enter any "Sensitive Authentication Data," as described by the PCI Standards (including CVC or CVV2), into any fields in the Services, with the exception of payment forms. Any Cardholder Data entered into the Services in violation of these terms is your full responsibility.
- MANAGEMENT OF ACCOUNTS.\
- Username and password: Your account name and password must be kept secret at all times. Regardless of whether you gave permission for the use, you are still accountable for any accounts to which you have access. Any illegal use of your accounts will be reported right away by you to us. Any losses resulting from passwords being lost or stolen are not our responsibility. We don't have access to your current password, and we can only change it for security reasons.
- Accuracy of account information: On occasion, ThreePBX will send notifications to the email address associated with your account. Your email address, along with any other relevant contact and payment information, must be kept up to date and accurate. Accounts are managed by the organization whose email address is listed as the account's email address.
- Storage of content: You are in charge of keeping your Content up to date, safeguarding it, and creating backup copies of it. As far as the law will allow, ThreePBX won't be responsible for any loss or corruption of your Content, failure to store it, or failure to back it up.
- Authorizations: All permissions, consents, or authorizations required to activate, maintain, inspect, and repair the products and/or Services, including (where applicable) the right to access and enter Customer's Account, must be granted by Customer to ThreePBX at no expense to ThreePBX.
- COMPLAINT DISPUTES: We do not arbitrate disputes about account ownership since we are unaware of the inner workings of your company or the nature of your personal ties. You won't ask for access to or details regarding a different person's account, and you'll deal with any issues directly with that person. We determine an account's ownership based on the emails contained therein, and if numerous people or entities are mentioned in the message, we turn to the contact details provided for the account. You acknowledge that any losses resulting from or otherwise connected to any account-related dispute are not subject to our liability.
- ThreePBX DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR THE INSTALLATION OF SUCH. ThreePBX MAKES NO WARRANTY THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, DELAY, FAILURE, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. You should not rely on any statement made on behalf of ThreePBX by anyone, including but not limited to its employees, agents, or representatives. ThreePBX DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND. In the event of any defects, the CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE "AS IS" AND THAT THE CUSTOMER IS NOT ENTITLED TO A REPLACEMENT OR REFUND. THE TERMS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT PERMITTED BY LAW, BUT IN THE EVENT THAT ANY PORTION HEREOF IS FOUND TO BE UNCONSTITUTIONAL, SUCH PORTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ThreePBX TO THE FULLEST EXTENT PERMITTED BY LAW.
- ThreePBX guarantees that the Consulting Services will be carried out competently and skillfully in compliance with the norms of the sector. The re-performance of the relevant Consulting Services shall be the Customer's exclusive remedy and ThreePBX's sole obligation for any breach of this warranty. The money paid to ThreePBX for the subpar Consulting Services are refundable if ThreePBX is unable to perform the required Consulting Services once more. To receive warranty remedies, Customer must submit any claims under the aforementioned warranty in writing to ThreePBX within ninety (90) days of the completion of such Consulting Services. Each party specifically disclaims all implied warranties related to the consulting services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by applicable law. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES RELATED TO THE PURCHASED CONSULTING SERVICES. NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS IMPLIED.
- LIMITATION OF LIABILITY: IN NO EVENT WILL ThreePBX BE LIABLE TO YOU, YOUR REPRESENTATIVES, AUTHORIZED ASSIGNS, OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXORBITANT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF PROFITS, RELATING TO OR ARISING FROM THE SERVICE OR THE CONSULTING SERVICES, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE, OR OUTAGE OF THE SERVICE NOR SHALL ThreePBX BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE OF THE CONSULTING SERVICES, 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 ThreePBX OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND ThreePBX’S CONTROL. REGARDLESS OF WHETHER SUCH DAMAGE RESULTS FROM NEXIVA'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, NEXIVA SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ThreePBX'S OR THE CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT, OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, THE CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION. IN NO EVENT SHALL ThreePBX'S LIABILITY FOR ANY ACT OR OMISSION EXCEED THE APPLICABLE SERVICE CHARGES FOR THE AFFECTED TIME PERIOD OR, WITH REGARD TO CLAIMS RELATING TO THE FREE VERSION, ONE HUNDRED DOLLARS ($100). ALL CLAIMS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY OTHER THEORIES OF LIABILITY ARE SUBJECT TO THE LIMITATIONS SET FORTH HEREIN, AND THEY APPLY WHETHER OR NOT ThreePBX WAS ADVISED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. IN ADDITION, YOU CONSENT TO PAYING ThreePBX ALL FEES AND EXPENSES RELATED TO DEFENDING AGAINST ANY SUCH CLAIMS, INCLUDING LEGAL FEES AND COURT COSTS. THE TERMS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT PERMITTED BY LAW, BUT IN THE EVENT THAT ANY PORTION HEREOF IS FOUND TO BE UNCONSTITUTIONAL, SUCH PORTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ThreePBX TO THE FULLEST EXTENT PERMITTED BY LAW.
- WAIVER OF CLAIMS AND INDEMNIFICATION
- INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ThreePBX AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT DOES NOT COMPLY WITH THIS AGREEMENT. YOU ARE RESPONSIBLE FOR ANY AND ALL USE OF THE SERVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE. You agree to defend, indemnify, and hold ThreePBX harmless from any and all claims and/or liability for damages, personal injury, death, fines, penalties, costs, expenses, losses, lost revenue, lost profit, property damage, attorney fees, and other related costs and expenses. AND ALL OTHER DAMAGES OF ANY KIND AND NATURE CONNECTED WITH OR RESULTING FROM THE SERVICE AND/OR THE CONSULTING SERVICES, THE USE OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, AND/OR THIS AGREEMENT, UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT. FURTHER, YOU AGREE TO HOLD ThreePBX PERSONNEL HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY FEES, RESULTING FROM OR RELATED TO ANY PERSONAL INJURY OR DAMAGE TO PROPERTY (INCLUDING WITHOUT LIMITATION ANY EQUIPMENT, DEVICE, NETWORK, SYSTEM, OR STRUCTURAL DAMAGE).
- Attorney Fees and Costs:
You acknowledge and agree that we shall be entitled to recover all attorney fees, taxable and non-taxable costs (including, but not limited to, expert witness fees and arbitration costs), as well as any damages or other relief we may be awarded, if we bring an action against you alleging that you have violated these Terms and we succeed.
- 4. Fair Reliever.
We reserve the right to seek injunctive remedies (a court order to halt you) or other equitable relief if you break these Terms.
- Subpoena costs.: We reserve the right to charge you for our charges if we are required to respond to a subpoena pertaining to your account with information. These costs may cover the time that an attorney and staff members spend gathering the records, putting together the paperwork, and taking the deposition.
- OTHER LEGAL CONSIDERATIONS.
- Regulation Law: Without respect to Arizona's rules on conflicts of law, this Agreement and your relationship with ThreePBX will be governed by Arizona law. Any claim made in accordance with this Agreement must be filed in a court having Arizonan jurisdiction, and Maricopa County, Arizona's relevant state or federal court, shall serve as the correct forum for any such claim.
- No Rights Waiver: A right or condition of this agreement will not be deemed to have been waived by us if we fail to exercise or enforce it. ThreePBX has the right to take legal and equitable action against anybody who makes improper or unlawful use of the Services. ThreePBX will use its rights under this Agreement and make all decisions in its sole and unfettered discretion.
- No Beneficiaries of Third Parties: You do not have any rights to any compensation or recourse if you are not a party to this Agreement. There are no further third-party beneficiary rights established by this Agreement.
- Entire Agreement: This Agreement, the Order, the applicable service description, or any reference herein to the content of ThreePBX's websites, together with any prior agreements between you and ThreePBX and any prior or contemporaneous statements, understandings, writings, commitments, or representations regarding its subject matter, constitute the entire agreement between you and ThreePBX and govern your use of the Service.
- Severability: All other provisions of this Agreement shall survive any judicial determination that any provision is unlawful or unenforceable. No other part of this agreement will be rendered void or unenforceable as a result of this invalidity or unenforceability.
- DISPUTE RESOLUTION AND BINDING ARBITRATION.
- You should carefully read through the entire section. Instead, than having a judge or jury decide a case, this clause allows for final and binding arbitration before a third party arbitrator.
- Arbitration: Except as provided in Section 20.9 of this Agreement, ThreePBX and you agree to arbitrate any and all disputes and claims between you and ThreePBX. By choosing arbitration over litigation, any disagreements and claims will be decided by an impartial arbitrator as opposed to a judge or jury in a court. This arbitration agreement is meant to have the broadest legal interpretation feasible. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of your relationship with ThreePBX, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are pending at the time of this agreement's termination; and disputes and claims. Any references to "ThreePBX," "us," or "you" also refer to any authorized or unauthorized users or beneficiaries of the Service under this agreement or any prior agreements between you and ThreePBX, as well as each of our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
- Informal dispute resolution. Most customer issues can be quickly and satisfactorily resolved by our customer care department. If you have a conflict or claim against us, you agree to first contact ThreePBX Customer Care Department at email@example.com. Customer service will have 14 days to investigate and reply to your claim. If your disagreement or claim is not settled to your satisfaction, you can take the steps outlined below to try to get it handled.
- Notice of Disputes in Writing: If you choose to use arbitration, you must first give ThreePBX a written "Notice of Issue" outlining the specifics of your dispute and providing any supporting materials. The Notice of Dispute shall be delivered by certified mail to ThreePBX, Attention "General Counsel," at 48 Bi-State Plaza Suite 536 Old Tappan NJ 07675
- The exact relief sought must be stated along with the nature and basis of the disagreement or claim in the notice of dispute. You or ThreePBX may start an arbitration procedure if you and ThreePBX are unable to come to a resolution of the disagreement or claim within thirty (30) days of receiving the Notice of Dispute. The arbitrator will not be informed of the amount of any settlement offer made by you or ThreePBX until after the arbitrator has determined the amount, if any, to which you or ThreePBX is entitled.
- Arbitrator and arbitration procedures: The American Arbitration Association ("AAA") will handle the arbitration's administration. You can get in touch with the AAA by calling 1-800-778-7879, sending an email to AAAUniversity@adr.org, or sending a letter to 2415 E. Camelback Rd., Suite 700 in Phoenix, Arizona, 85016. The Commercial Arbitration Rules of the AAA then in force (collectively, "AAA Rules"), as modified by this Agreement, shall govern the arbitration. The AAA Rules can be obtained by visiting www.adr.org or by calling 1-800-778-7879.
- Jury Trial Waiver: By signing this agreement, you and ThreePBX acknowledge and agree that you and ThreePBX are waiving the right to a trial by jury.
- Class Action Waiver. You and ThreePBX acknowledge that the arbitrator may only grant relief in favor of the specific party making the request and only to the degree required to do so in light of that party's particular claim. Both you and ThreePBX acknowledge that you may only file legal complaints against the other in your or its individual capacity, not as a plaintiff or a part of any alleged class or representative action. You and ThreePBX concur that the arbitrator cannot combine the claims of more than one person or entity and cannot preside over any type of a representative or class proceeding, unless both of you and ThreePBX agree differently. The whole dispute resolution and binding arbitration clause shall be void and unenforceable if this specific waiver of class actions provision, or any portion thereof, is determined to be unenforceable.
- The limitation period: Except for billing disputes, which are governed by sections 10 and 11 of the agreement, you must submit a claim within one (1) year of the date the event or circumstances giving rise to the disagreement occurred, or you forfeit your right to do so.
- Arbitration Agreement Exclusions: Despite the arbitration requirement and any other clauses to the contrary, you and we agree that: (a) with regard to claims for unpaid invoices, we may file a claim for amounts due and owing to ThreePBX in Hudson County, New Jersey court of competent jurisdiction; (b) if you fail to pay amounts due on time, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts (c) You or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or ThreePBX, pending the conclusion of arbitration, (d) Any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction.
- Arbitration modification: You can reject any substantive changes ThreePBX makes to this arbitration clause by sending a written notice to the company's address listed in Section 20.4 within 30 days of the changes. You agree to abide by the language in this provision by rejecting any changes. You agree to be bound by any modifications that ThreePBX may, in its sole discretion, make to these arbitration provisions if you fail to timely reject them.
- Venue/Jurisdiction: A Hudson County, New Jersey state-based arbiter will receive and consider all claims for arbitration. If the Arbitrator decides that an evidentiary hearing is necessary, it will take place in Hudson County, New Jersey.
- Costs of arbitration: You consent to the first payment of all administrative costs and arbitrator fees (collectively, the "Arbitration Costs") in accordance with the AAA Rules. You and ThreePBX agree that the arbitration costs, including any mandatory deposits, will initially be split equally by you and ThreePBX if the division is not specified in the AAA Rules then in effect. You also consent to the arbitrator recovering the winning party's portion of the arbitration costs from the losing party in any arbitration process. You and ThreePBX concur that a party's failure or refusal to pay its required portion of any deposits for arbitrator salary or administrative fees shall constitute that party's waiver of the right to introduce evidence, cross-examine witnesses, and assert claims, if any.
- Content Privacy: While using the Services, you might send ThreePBX content directly through the Service (including your personal data and the personal data of others), or you might receive content from third parties through the Services (collectively referred to as "Content"). In exchange, you consent to ThreePBX using and disclosing your Content in line with the company's privacy policies and any relevant data protection regulations.
- Security: In accordance with industry security standards, ThreePBX will store and process your Content.
- Your content remains your property: All of your intellectual property rights in your Content remain yours. Any of your Content is not claimed to be yours by ThreePBX. Except for the minimal rights required for us to deliver the Service and as otherwise specified in this Agreement, this Agreement does not grant us any licenses or other rights in or to your Content.
- Your content is granted a limited license. You hereby grant ThreePBX a non-exclusive, transferable, worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works from, publicly perform, publicly display, and otherwise exploit your Content, provided that ThreePBX uses it only to the extent necessary to provide the Service or Consulting Services to you and as otherwise permitted by the ThreePBX privacy policies. With regard to aggregate and de-identified data derived from your Content and any lingering backup copies of your Content made in the regular course of ThreePBX's operations, this license for such restricted uses endures even after you cease using our Service. This license also extends to any trusted third parties we work with to the extent necessary to provide the Service and/or Consulting Services to you. If you provide ThreePBX with feedback about the Service, we may use your feedback without any obligation to you.
- Lists of clients: On our website and other promotional materials, ThreePBX may mention you (by name and logo) as a customer. In order for ThreePBX to use your name, trademarks, trade names, and other intellectual property for this specific purpose and as otherwise agreed by you in writing, you hereby grant ThreePBX an irrevocable, non-exclusive, royalty-free license.
- Responsibility for Content: Whether or whether you intend for someone to receive the Content you send them via the Service, you are responsible for any responsibility that could result from it. You affirm that you and everyone else using the Service will always abide by all applicable laws, rules, and written and electronic directions for using the Service, as well as all of your and their Content.
- OBEDIENCE TO LAWS: You guarantee and represent that you will use the Service in accordance with all relevant rules and laws. You are in charge of evaluating whether any rules like HIPAA, GLB, EU Data Privacy Legislation, or other laws make our Services appropriate for you to utilize. If you use the Service and are subject to laws (such as HIPAA), we won't be responsible if the Service doesn't adhere to such laws. You are forbidden from using the Service for any illegal or discriminatory actions, including those that are against the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and other laws that pertain to business.
- EXPORT CONFORMITY: You consent to fully observing all applicable export laws and restrictions of the United States, including but not limited to the U.S. Export Administration Regulations, which are handled by the Bureau of Industry and Security of the Department of Commerce. Additionally, you expressly agree that you won't directly or indirectly export, re-export, divert, or transfer any component of the Service, including, but not limited to, to any country, organization, or anyone that is forbidden or restricted by U.S. export laws.
- ASSIGNMENT: Without informing you, ThreePBX may transfer all or a portion of its obligations under the Agreement. We have no further commitment to you if we take that action. Without our prior written consent, you are not permitted to assign the Agreement, the Service, or the Consulting Services.
- SURVIVAL: The clauses in this Agreement that deal with indemnification, liability restrictions, warranty exclusions and limitations, dispute resolution, billing, and your obligation to pay for the provided Service as well as any additional usage fees will remain in effect even after the Agreement and the Service are terminated.
- CALEA: The CALEA (Communications Assistance for Law Enforcement Act) is something that ThreePBX plans to adhere to in full. By using the Service, you hereby agree and consent to ThreePBX's right to monitor your communications without further informing you and to otherwise reveal their type and content as may be required by CALEA.
- EVENTS BEYOND ThreePBX'S CONTROL, OR FORCE MAJEURE. Any delay or failure to perform under this agreement caused by an event or circumstance outside of ThreePBX's reasonable control is excused, including but not limited to acts of God, earthquakes, fires, floods, riots, war, government intervention, embargoes, strikes, labor issues, equipment failure, late deliveries by suppliers, and other challenges that may arise despite ThreePBX's best efforts.
- INTELLECTUAL PROPERTY: You do not acquire ownership rights to the Service or the content you access through the Service by use of the Service or this Agreement (other than your Content).
- COPYRIGHT FOR SOFTWARE: Software that ThreePBX uses to deliver the Service and/or Consulting Services, as well as any software that is given to you in connection with that delivery, is protected by copyright laws and provisions of international treaties. The software and/or any of its components may not be copied. Any copyright or other property notices or trademarks that have been provided to you as part of the Service may not be deleted, altered, covered, or otherwise altered.
- PERMISSION FROM CUSTOMER TO USE REVIEWS: In order to improve, operate, or use Customer's Services, Customer thus provides ThreePBX a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any suggestion, enhancement request, recommendation, correction, or other feedback made by Customer into ThreePBX's Services.
TERMS & CONDITIONS 2.0
Threepbx.com TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with ThreePBX, also known as ThreePBX, located at 48 Bi State Plaza, Old Tappan, New Jersey 07675 and our subsidiaries and affiliates, in association with the use of the ThreePBX website, which includes threepbx.com, (the “Site”) and its Services,
which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website corporate which has the following description:
ThreePBX is a telecommunication company that helps small and medium size business stay connected to their customers and their clients.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of ThreePBX. At its discretion, ThreePBX may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. ThreePBX does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that ThreePBX shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such and of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such ThreePBX shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving ThreePBX’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, ThreePBX may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with ThreePBX and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, ThreePBX will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of ThreePBX Services, or any portion thereof.
It is ThreePBX’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the ThreePBX website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify ThreePBX immediately if you notice any unauthorized access or use of your account or password or any other breach of security. ThreePBX shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the ThreePBX Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by ThreePBX.
Furthermore, you herein agree not to make use of ThreePBX’s Services for the purpose of:
- a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- b) causing harm to minors in any manner whatsoever;
- c) impersonating any individual or entity, including, but not limited to, any ThreePBX officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- j) interfering with or disrupting any ThreePBX Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
1) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- m) “stalking” or with the intent to otherwise harass another individual; and/or
- n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
ThreePBX herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
ThreePBX herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- a) compliance with any legal process; b) enforcement of the TOS;
- c) responding to any claim that therein contained content is in violation of the rights of any third party;
- d) responding to requests for customer service; or
- e) protecting the rights, property or the personal safety of ThreePBX, its visitors, users and members, including the general public.
ThreePBX herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by ThreePBX or any other content providers supplying content services to ThreePBX. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- b) agree not to transfer any software, technology or any other technical data through the use of our network
Services to any export-prohibited country;
- c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
ThreePBX shall not lay claim to ownership of any content submitted by any such content available for inclusion on our website Services. Therefore, you hereby grant and allow for ThreePBX the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- a) The content submitted or made available for inclusion on the publicly accessible areas of ThreePBX’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of ThreePBX’s sites and shall terminate at such time when you elect to discontinue your membership.
- b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of ThreePBX’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of ThreePBX’s sites and shall terminate at such time when you elect to discontinue your membership.
- c) For any other content submitted or made available for inclusion on the publicly accessible areas of ThreePBX’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of ThreePBX’s sites are those such areas of our network properties which are meant to be available to the gene boards and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
ThreePBX provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
- a) your contributions do not contain any type of confidential or proprietary information;
- b) ThreePBX shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- c) ThreePBX shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- d) the contributor’s Contributions shall automatically become the sole property of ThreePBX; and
- e) ThreePBX is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold ThreePBX, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of ThreePBX Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ThreePBX’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that ThreePBX may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by ThreePBX, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on ThreePBX’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that ThreePBX has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, ThreePBX shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
ThreePBX shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of ThreePBX.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to firstname.lastname@example.org.
As a member, you agree that ThreePBX may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- b) by way of requests from law enforcement or any other governmental agencies;
- c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- d) unexpected technical or security issues and/or problems;
- e) any extended periods of inactivity;
- f) any engagement by you in any fraudulent or illegal activities, and/or
- g) the nonpayment of any associated fees that may be owed by you in connection with your threepbx.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with threepbx.com shall include any and/or all of the following:
- a) the removal of any access to all or part of the Services offered within threepbx.com;
- b) the deletion of your password and any and all related information, files, and any such content that may be
associated with or inside your account, or any part thereof, and
- c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that ThreePBX shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either ThreePBX or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that ThreePBX shall not be responsible or liable, directly or indire may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that ThreePBX’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by ThreePBX or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on ThreePBX Services (e.g. Content or Software), in whole or part.
ThreePBX herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by ThreePBX for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF ThreePBX SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. ThreePBX AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b) ThreePBX AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ThreePBX SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ThreePBX SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ThreePBX SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ThreePBX SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY
BE OBTAINED BY YOU FROM ThreePBX OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC
SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ThreePBX AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- a) THE USE OR INABILITY TO USE OUR SERVICE;
- b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release ThreePBX (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. ThreePBX’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. ThreePBX and our licensors shall not be responsible or liable for the accuracy, usefulness transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
ThreePBX may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that
would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the ThreePBX trademarks, copyright, trade name, service marks, and other ThreePBX logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of ThreePBX. You herein agree not to display and/or use in any manner the ThreePBX logo or marks without obtaining ThreePBX’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
ThreePBX will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, ThreePBX may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the
copyright or other intellectual property interest;
- b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- c) A description of the location of the site which you allege has been infringing upon your work;
- d) Your physical address, telephone number, and email address;
- e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The ThreePBX Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address: ThreePBX Attn: Copyright Agent 48 Bi State Plaza Old Tappan, New Jersey 07675
Telephone: 877-771-7464 Fax: 551-202-7041 Email: email@example.com
BE IT KNOWN, that ThreePBX complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at threepbx.com.
ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and ThreePBX and shall govern the use of our Services. superseding any prior version of this TOS between you and us with respect to ThreePBX Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other ThreePBX Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and ThreePBX with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and ThreePBX, shall be filed within the courts having jurisdiction within the County of Hudson County, New Jersey or the U.S. District Court located in said state. You and ThreePBX agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS At any time, should ThreePBX fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to ThreePBX as follows:
Mailing Address: ThreePBX 48 Bi State Plaza Suite 536 Old Tappan, New Jersey 07675
Telephone: 877-771-7464 Fax: 551-202-7041
ThreePBX Acceptable Use Policy
- "Services": includes, but is not limited to, ThreePBX's Messaging Services, Collaboration Services, and any related software, hardware, or web-based platform. These items are being provided to you in the manner described in any quote or order form. Any additional Services that are offered to you and detailed in any addendum or modification are likewise included in the term "Service."
- "Device": means a phone, phone adapter (the "Adapter"), router, or other ThreePBX-provided device utilized with the Services.
- "Fax, SMS, or MMS Broadcasting" and "Fax, SMS or MMS Blasting": shall imply transmitting the same message simultaneously and sequentially to six (6) or more recipients through fax, SMS, or MMS.
- Unlimited Services:
If you use any unlimited service plans, such as minutes, data, messages, and API calls (collectively, "Unlimited Plan(s)"), in violation of this AUP, ThreePBX reserves the right to periodically review your usage levels. If abuse or a violation is found, the plan may be terminated or adjusted as necessary. You agree not to use any methods, devices, or procedures to take advantage of unlimited plans by using the services excessively or for purposes not intended by ThreePBX. You also agree to use the Unlimited Plan for services of a quantity or duration comparable to that of the average customer currently using ThreePBX's services. ThreePBX defines excessive use as attempts to initiate or terminate multiple concurrent phone calls, faxes, or messages through any single line of service, or as use that significantly exceeds the average volume or duration of calls, data, or messages used by all other ThreePBX Unlimited Plan customers using the same service. Conference calling, monitoring services, data transmissions, broadcast transmissions, and transmission of recorded content are specifically restricted and cannot be accessible through ThreePBX's unlimited voice service plan. If ThreePBX finds, in its sole judgment, that your usage of the Unlimited Plan breaches this restriction, is otherwise "unreasonable," or results in abuse of the Unlimited Plan, ThreePBX may terminate your account or modify your service plan.
- We will immediately terminate your usage of our Service because we deem it to be "unreasonable" if you:
- without our prior consent, resell, rebrand, furnish, re-market, or otherwise commercially exploit our Unlimited Plans in order to combine traffic from several customers over a "unlimited" line or trunk;
- configure the routing system such that only outgoing long-distance traffic utilizes the Unlimited Plan; or
- engage in any other behavior that is dishonest, unlawful, harassing, or that significantly clogs or degrades the network.
- If you make use of any of the following, we will deem your usage of our Service to be "abusive" and subject to immediate termination or adjustment:
- Predictive dialing, robodialing, or automatic dialing.
- call forwarding that is ongoing, recurrent, or substantial.
- calls, faxes, or communications that are harassing, threatening, or abusive
- Unwanted phone calls, faxes, or texts if they could reasonably be anticipated to, or really do, elicit complaints.
- false information regarding you or any other Service users.
- Participation in chat lines or conference calls that is ongoing or extensive.
- Free conference calling and comparable services that engage in tactics or strategies for simulating traffic that result in obscene fees.
- Repeated and/or ongoing calls or messages to the same recipient number if doing so can reasonably be anticipated to, or in fact does, elicit complaints.
- Long-distance calls are those made to a specific number or destination for more than four hours (continuously or cumulatively) in a 24-hour period, or with the purpose of accruing charges or fees for or on behalf of a third party.
- calls that do not feature continuous, live voice communication between real people.
- continuous connection during a call.
- SMS, MMS, or fax transmission.
- Sending a fax, SMS, or MMS.
- Telemarketing and other activities that obstruct normal personal, residential, and business use patterns, clog the network, or compromise the security of ThreePBX's network are prohibited.
- Short Duration Calls:
If ThreePBX determines, in its sole discretion, that you have an excessive volume of calls (more than 10% of your total calls in any given month) that are made up of such short duration calls, ThreePBX reserves the right to charge all short duration calls (calls under 10 seconds in length) a ten-cent (10) per call assessment. You acknowledge that calls, as defined below for billing purposes, include all call traffic when accepted for termination by ThreePBX or its underlying carriers, regardless of whether such calls are terminated for any reason or not ("incomplete calls"). Regardless of whether the call is completed to the called party, ThreePBX will charge you for all calls made to its own facilities, equipment, or that of its underlying carriers. As a result, you are aware of your responsibilities in relation to dropped calls and acknowledge that ThreePBX won't be held responsible for them.
- Strictly for legal purposes: No unlawful, improper, or inappropriate use of our Service or your Device is permitted. Examples of unauthorized, unlawful, or inappropriate usage of our service and/or devices are not complete but include:
- Avoiding your duty to pay for the Service within the allotted payment period or interfering with our capacity to deliver Service to you or other customers.
- Use of the service for any illegal activity, including harassing, threatening, defaming, defrauding, interfering with, endangering, or violating another person's privacy.
- Use our Service or your Device for fax or voicemail broadcasting or blasting; continuous, repetitive, or extensive call forwarding; telemarketing (including political or philanthropic solicitation or polling); or auto-dialing.
- Use our Service or your Device to: impersonate another person; send a large number of unsolicited messages; catalog, download, store, or otherwise replicate or distribute information from our Service using robots, data mining methods, or other automated devices or programs; or use any automated method to manipulate our Service.
- breach any law, rule, or regulation; infringe on the privacy or other rights of a third party; or use our Service more frequently than is authorized.
- Use the service to send or receive communications or materials of any kind that would be illegal, subject users to civil liability, or otherwise violate any applicable local, state, national, or international laws. You should also refrain from encouraging behavior that would be illegal, subject users to civil liability, or otherwise violate any such laws.
- Termination Right: In addition to its right to terminate any service for non-payment, ThreePBX also reserves the right to do so immediately and without warning if it determines, in its sole discretion, that you have broken any of the aforementioned rules. In this case, you will be held liable for all fees up until the end of the current term, including any unbilled charges as well as a disconnect fee and any penalties, which become immediately due and payable.
- Monitoring: We could keep an eye out for infringements of this contract when people use our service. If we detect a breach of this agreement or if we believe it is essential to safeguard our Service or ThreePBX, its parent company, affiliates, directors, officers, agents, or employees from harm, we may, without responsibility, remove or block all communications.
- Supplying facts to authorities and others: We may provide the pertinent communication and other information, including your identity, to the competent authorities for investigation and prosecution if we suspect you have used our Service or your Device for an illegal purpose. You agree that we may forward these authorities any such conversations and information. Additionally, we reserve the right to reveal your name, phone number, credit card information, and any other personal data we may have about you, along with any messages you send or receive and any other account information we may have, such as service types, duration, MAC addresses, IP addresses, email addresses, registered 911 addresses, and all other account data, as follows: in response to a request from law enforcement or another governmental agency; to safeguard ThreePBX's rights and property; or in urgent circumstances where disclosing such information is required to keep ThreePBX clients or other parties safe.
- Customers outside of the United States using the service and the gadget. Although ThreePBX promotes the usage of the Service outside of the United States, it does not currently provide or support the Service to users outside of the United States. Only individuals or organizations with a principal residence or place of business in the United States are permitted to use ThreePBX's services. The majority of ThreePBX's services are made to function with unhindered, high-speed internet connections. However, ThreePBX does not represent or guarantee that your use of the Service is permitted by any other jurisdictions or by any VoIP service provider if the high-speed internet connection you are utilizing is outside of the United States and/or your ISP places limitations on the use of VoIP services. You use the Service or remove the device to a place other than the United States at your own risk, including the risk that doing so will put you in violation of local laws in that country. Any breaches of ISP terms of service or local laws and ordinances resulting from such use are totally your responsibility. If ThreePBX believes, in its sole and absolute discretion, that you have used the Service or the device in violation of applicable laws, including without limitation laws of places outside the United States, ThreePBX retains the right to immediately terminate Services. Any and all uses of the Service and/or device made by anyone using the Service or device that was given to you are exclusively your responsibility.
- No Service Transfer: Without first receiving our prior written authorization, you are not permitted to resell, transfer, or use your Service, Device, or ThreePBX service to offer a telephone service to anyone else.
- Not to be altered or tampered with: You are liable for any fees that occur if you copy, modify, or have someone else modify the firmware or software of the Device in a way that makes it easier for your service to be compromised. You are not permitted to make any use of our Service that is incompatible with its intended function, attempt to hack our Service, or otherwise disrupt it.
- Stealing a service: You are not allowed to use our service or access it in any way that circumvents ThreePBX policies and guidelines, including in an illegal or dishonest way. If your Device is stolen or you suspect that your Service is being misused, fraudulently obtained, or otherwise not authorized, you must contact us right away in writing. You must give us your account number and a thorough narrative of the facts surrounding the theft, fraudulent use, or unauthorized use of the Service when you inform us of one of these occurrences.We may disconnect your connection and charge you more if you don't give us written notice in a timely way. You are still responsible for any use of our Service made with a Device that was taken from you up until the point at which written notice is received by ThreePBX. This also applies to any fraudulent or unauthorized use of the Service.
Customers ("customers") who purchase access control equipment from ThreePBX and End Customers ("End Customers") who are the owners or managers of the properties where the goods will be placed are each covered by a guarantee. No other person is covered by this warranty. This warranty cannot be legally or otherwise assigned or transferred to anyone else.
For hardware items that fail due to faulty materials or workmanship, ThreePBX offers a six (6) month warranty to customers (from the date that the product is sold to customers) and a two (1) year warranty to end users (from the date that the product is delivered to end users) (other than defects visible at the time of delivery). A product's initial recipient gets ten (5) days from the date of delivery to check it over for any obvious flaws. Any evident flaws must be reported by the recipient to ThreePBX within the allotted five days, failing which any claims will be presumed waived. ThreePBX will make repairs or replace damaged goods. New or refurbished products may be used as replacements.
The warranty holder must email firstname.lastname@example.org with a description of the fault and images proving the claimed defect in order to reach ThreePBX within the time frames listed below. ThreePBX will assess the claim right away and may ask for more details, accept the claim, or reject it. If ThreePBX rejects the claim, it must state why, and the warranty holder has five (5) working days to add more evidence to substantiate the claim. If ThreePBX accepts the claim, it will either arrange for the product to be repaired or send the warranty holder a replacement product along with a return shipping label. Within ten (5) days of receiving the replacement goods, the warranty holder must ship the original product back in the shipping box with the given label. Warranty holders are required to send back all components of the original product, unless ThreePBX specifies otherwise in writing (intercom, power supply, mounting plate, etc.).
Any warranty claim that is submitted outside of the above-mentioned time frames or that does not fully adhere to the claim processes outlined in this warranty statement will be null and void. ThreePBX maintains the right to charge the warranty holder for shipping if the product just needs a few parts replaced, as opposed to the full item. ThreePBX retains the right to decide all warranty-related issues at its exclusive discretion.
This warranty does not cover products that have been harmed due to negligence, misuse, accidents, improper setup or installation, failure to adhere to installation instructions, alterations made by the warranty holder or any other party, including the use of products or accessories not specifically approved by ThreePBX, acts of God, natural disasters, flood, fire, or any other unrelated causes.
Additionally, this guarantee does not cover I demo products, (ii) cosmetic flaws, (iii) flaws that do not impair the product's operation or performance, and (iv) any batteries and other consumable parts. If any of these exclusions hold true, the warranty holder will be liable for the price of any replacement product given to them.
- Other Express or Implied Warranties Disclaimed
THE PRODUCT MUST BE REPAIRED OR REPLACED AS DETERMINED BY THREEPBX AS THE WARRANTY HOLDER'S SOLE REMEDY. APART FROM THE WARRANTY CONTAINED HEREIN, THREEPBX HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM USAGE OF TRADE OR COURSE OF DEALING, APPLICABLE TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY.
NEITHER THIS WARRANTY NOR ANY STATUTORY OR IMPLIED WARRANTIES ALLOW FOR THE RECLAMATION OF CONSEQUENTIAL, INDIRECT, INCIDENTAL AND SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, WHETHER OR NOT FORESEEABLE. ALL IMPLIED OR STATUTORY WARRANTIES THAT MAY ARISE BY LAW AND CAN'T BE DISCLAIMED ARE LIMITED TO THE DURATION OF THIS WARRANTY.
The aforementioned restrictions might not apply to you because some states do not permit the exclusion or limitation of incidental or consequential damages or the limiting of the duration of an implied warranty. You have rights that are in addition to those provided by this limited warranty and that may differ from state to state.
Due to the nature of our site, we are going to request certain information that are confidential in nature from you. This will include things like a username and password among other things. You don’t need to worry though, ThreePBX.com employs the use of high-grade SSL (Secure Sockets Layer) encryption across our control panel. This ensures that any data sent between your browser and our servers is secure. If you’re ever in doubt, you can always verify this by seeking out the “lock” icon located at the bottom right-hand corner of your browser.
Customer Proprietary Network Information
On signing up with ThreePBX.com, you’ll be mandated to create a username and a secure password. This grants you access to your control panel. Anytime you contact us, either via phone, email, live chat or another means, you’ll be required to confirm your password before we can access your account. We understand people may lose or forget their password. Should this happen to you, we have a password recovery process in place. All you need to do is follow this process, and you’ll regain access to your account.
What this policy does is ensure that we don’t end up making customer proprietary network information available to unauthorized parties.
PCI Security Standards
ThreePBX.com maintains a strict compliance with the payment Card Industry Data Security Standard (PCI DSS). This is a mandatory information security standard for organizations that handle branded credit cards from the major card schemes, it is also administered by the Payment Card Industry Security Standards Council.
Collection of Information
This website collects various types of information, such as:
Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided on this site.
We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Use of Information Collected
ThreePBX may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from threepbx.com. ThreePBX may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
ThreePBX does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.
ThreePBX may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.
ThreePBX may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon ThreePBX and/or our website.
Maintain, safeguard and/or preserve all the rights and/or property of ThreePBX; and
Perform under demanding conditions in an effort to safeguard the personal safety of users of threepbx.com and/or the general public.
Children Under Age of 13
ThreePBX does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to email@example.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.
Links to Other Websites
ThreePBX shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Acceptance of Terms
How to Contact Us
Telephone Number: 877-771-7464
48 Bi State Plaza Suite 536
Old Tappan, New Jersey 07675
TERMS OF SERVICE FOR ThreePBX
Requesting emergency services under the emergency 911 policy.
Thank you for visiting ThreePBX's broadband phone service.
These terms and conditions set out important conditions for your use of the ThreePBX broadband service. These terms and conditions contain important information regarding your rights and ours, so you should read them carefully. Notice: ThreePBX does not provide conventional 911 services. Maintain a backup method for requesting emergency services.
- 911 Service & Limitations
- PLEASE READ THIS 911 INFORMATION VERY CAREFULLY.
Background on 911: In the united states, emergency services are obtained by dialing "911." when you call 911 using basic 911 service, local emergency operators will not already know your callback number or your precise location, therefore you will need to provide it to them. If the call is not completed or is not forwarded, is dropped or disconnected, is dropped or disconnected, or if you are unable to speak, the operator may not be able to call you back or dispatch help until you give the operator your phone number. When you call 911 using the enhanced 911 (e911) service, your phone number and registered address are sent at the same time to the local emergency center assigned to your area. Furthermore, emergency operators have access to the information required to send help and call you back if needed. Due to the lack of nearby emergency centers or because they failed to register for an e911 service address, some customers are unable to use either basic 911 or e911. If you do not have access to basic 911 or e911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the customer calling 911, and then contact the local emergency center for such customer in order to send help.
When a customer's address cannot be verified during 911 address registration or the customer is located in an area that is not covered by the landline 911 network, 911 calls may be routed to the national emergency call center.
When your 911 call is forwarded to a national emergency call center, emergency personnel are not informed of your phone number or physical location. Therefore, you should be ready to provide the operator with your phone number, location, and any other details they may request. Authenticate the national emergency call center to disclose your name and address to the third party or parties involved with providing emergency services to you, including, without limitation, call routers, call centers, and local emergency centers by signing up for ThreePBX's voip service.
- The basic 911 or E911 service offered by ThreePBX is distinct from the traditional 911 landline service. You must therefore be aware of the following:
A registered location is required: you will be required to register the physical location ("Registered location") of your equipment (e.g., sip phone, phone adapter, etc.) with ThreePBX, either on ThreePBX's website or by calling customer service, for each phone line that you use with ThreePBX's VoIP service. Advance the registered location each time the physical location changes, you must remember. The registered location for the account is ThreePBX's only mechanism for routing 911 calls to the correct emergency call taker. The registered location that you provide ThreePBX will be the basis for any enhanced location information that is passed to an emergency operator by ThreePBX. Only one registered location may be added to a phone line at a time for the purpose of 911 dialing.
You recognize and agree that any emergency calls you place will be forwarded to the wrong local emergency service provider if the service address you provide for your equipment does not reflect its current and accurate physical address and location. You must provide ThreePBX the actual address where you will utilize your Service when placing an order. When you dial 911 with ThreePBX, your call will be routed to the general telephone number for the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the Service Address you have registered with ThreePBX. You acknowledge and understand that you may not be routed to a dispatcher who is specifically trained and designated to receive incoming emergency response calls, and it is possible that the lines at the PSAP will be occupied and that you will get a busy signal.
- THE FOLLOWING CIRCUMSTANCES WILL PREVENT YOUR ThreePBX E911 SERVICE FROM BEING AVAILABLE:
- RELOCATING YOUR VOIP EQUIPMENT
You must update your registered location if you move the equipment you use to access ThreePBX's VoIP service. Any 911 call you place using ThreePBX's VoIP service will be routed based on your previously provided registered location and may not be routed to the appropriate public safety answering point for your current location if you do not update your registered location. A delay in making the new registered location available to properly route 911 calls and to advise emergency personnel of your registered location may occur after you notify ThreePBX of a change in your registered location.
- RE-REGISTRATION IS NECESSARY IF YOU CHANGE, ADD, OR PORT NEW NUMBER(S)
Until and unless you successfully register your location of use for each changed, newly added, or newly ported phone number and receive confirmation from ThreePBX, your ThreePBX voip 911 service will not function if you change your phone number or if you add or port new phone numbers to your account
- FAILURE OF THE INTERNET CONNECTION
If your high-speed or broadband internet access service is interrupted, you will not be able to use ThreePBX's VoIP service during that interruption and will not be able to use 911 service. ThreePBX does not guarantee that the service will be continuous or error-free because it depends on a broadband connection, the availability of an adequate power supply, and the correct equipment configuration. ThreePBX will not provide credits for service failures caused by power outages or broadband connection disruptions.
- EQUIPMENT FAILURE AND MISCONFIGURATION
ThreePBX's VoIP service will not work if the equipment on your premises or any equipment, including software, network, etc. In our locations (offices, data centers), fails for any reason, including but not limited to hardware or software failures or misconfiguration
The continuity or error-free operation of the service is not and cannot be guaranteed by ThreePBX. You are aware of the possibility of equipment failure and understand that it is solely your responsibility to keep an alternative means of communication.
- LOSS OF ELECTRICAL POWER
During any power outage, you will not have phone service or 911 service and ThreePBX's VOIP service will not function.
- NON-VOICE SYSTEMS
ThreePBX's VoIP services are not configured to work with auto dialing systems, such as home security systems and medical monitoring equipment. YOU WAIVE ALL CLAIMS AGAINST ThreePBX FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY ThreePBX'S VOIP SERVICE BY ENROLLING IN ThreePBX'S VOIP SERVICE.
- CALLS FROM OUTSIDE THE UNITED STATES
Calls from outside the United States will not be answered if you move your ThreePBX VOIP service equipment outside of the country. Determine the correct emergency calling procedures by consulting the emergency calling procedures for the country where you are located.
- SERVICE TERMINATION
If you or ThreePBX have canceled or terminated your service, 911 service will not be available. You acknowledge and agree that ALL Services, including the limited emergency response service, will be unavailable in the event that your account is suspended due to billing problems or for any other cause, including, but not limited to, those reasons stated elsewhere in this Agreement.
- LIMITATIONS OF THE FREE VERSION
You accept and agree that you will not be able to make any calls, including using the 911 service, if you are using the ThreePBX software's free version, which lacks any voice usage features or functionalities. You acknowledge and understand that you will not be able to make any calls, including using the 911 service, if you are using a free version of ThreePBX software that does allow voice usage and you have used up the voice calling minutes included with your free version or your phone number has been removed from your account for non-use.
- REDUCTION IN SPEED FOR ROUTING EMERGENCY CALLS DUE TO NETWORK CONGESTION
You accept and agree that using ThreePBX's limited emergency response service may result in network congestion, slower call routing, and/or call failure.
- OTHER LIMITATIONS
This include the potential lack of a system configured for E911 services and the inability to capture and/or retain automatic Number or location information by the local emergency service operator receiving calls from ThreePBX VoIP service. This implies that the operator might not be aware of the caller's phone number or precise location when they place the ThreePBX VoIP service e911 call. A ThreePBX 911 call may produce a busy signal, experience unpredictable answering wait times, or take longer to answer than 911 calls placed via traditional telephone networks due to technical factors in network design and in the event of network congestion on the ThreePBX network. Additionally, a local or national disaster followed by a spike in call volume could cause lengthy connection times, busy signals, or connection failures.
- ALL USERS MUST BE ADVISED OF THESE LIMITATIONS BY YOU
The important differences in and limitations of ThreePBX's VoIP 911 dialing as compared with basic 911 or e911 provided by traditional landline telephone service must be disclaimed to all potential users who may be present at the physical location where you use ThreePBX's VoIP service.
- THE PROVIDED WARNING LABELS MUST BE FIXED TO YOUR VOIP EQUIPMENT
ThreePBX will provide you with warning labels regarding the limitations or unavailability of 911 emergency dialing (the "911 sticker"), which you must affix to your VoIP equipment. Each telephone and any other device that will be used with your ThreePBX VoIP service must have one of these 911 stickers.
If you need more 911 stickers, get in touch with ThreePBX's customer service division.
- ALTERNATIVE ARRANGEMENTS
By signing up for ThreePBX's VoIP service, you acknowledge that you should always have a backup method of contacting emergency services in case you are uncomfortable with the limitations of ThreePBX's 911 service.
You acknowledge and accept that it is solely your responsibility to purchase from a third party separately from ThreePBX, traditional wireless or landline telephone service as a backup means of completing emergency calls in order to ensure that you have access to emergency services. The service is not intended to be used for personal, residential, nonbusiness, or nonprofessional commercial use when used in a home office environment. A user of a home office is required to provide substitute setups for residential emergency calls.
YOU HEREBY ACKNOWLEDGE:
- The traditional 911 and E911 access to emergency services is not supported by ThreePBX: As will be further detailed below, the restricted emergency response service provided by ThreePBX is distinct from conventional emergency response services in a number of significant respects. You undertake to make known the significant restrictions on emergency response service to any potential users and other third parties who may be present at the physical site where the Service is used (whether at home or at the place of business).
- Automated number and location identification will not be provided to the emergency response service: You realize and agree that if you use the Service to dial 911, local emergency responders won't be able to find your phone number or the location from which you are calling. You must swiftly and accurately describe the nature of your situation, together with your contact information (phone number, address, etc.). You acknowledge and understand that if the call cannot be completed, is dropped or disconnected, or if you are unable to provide the person answering the call with your phone number and physical location and/or if the Service is not operational for any reason, including without limitation those reasons listed elsewhere in this Agreement, they may not be able to call you back or locate you.
- A local emergency service provider may not be directed correctly to accept emergency calls from a location other than your service address: You acknowledge and agree that, unless you have completed registration of such location as described in Section 6.e below, your call will not be routed to the correct local emergency service provider if you use your Equipment and the Service to call 911 from a location other than the Service Address that you have registered with ThreePBX (for example, if you move or use the Service while traveling). Any such 911 call routing provider will not be able to transmit the call to a local emergency service provider in the location where you are calling from.
- DISCLAIMER OF LIABILITY AND INDEMNIFICATION:
You acknowledge and understand that due to the 911 dialing characteristics and limitations set forth above, ThreePBX will not be liable for any service outage and/or inability to dial 911 or any other emergency telephone number using ThreePBX or to access an emergency. You agree to protect, indemnify, and hold harmless ThreePBX, its officers, directors, employees, affiliates, and agents who furnish services to you in connection with ThreePBX's VoIP service, from any and all claims, losses, damages, fines, penalties, costs and e furthermore, ThreePBX has no control over any local emergency response center's ability to answer or manage calls placed using ThreePBX's 911 service. ThreePBX disclaims all liability for the actions of the national emergency calling center and local emergency response centers. In order to route 911 service calls to local emergency response centers and a national emergency calling center, ThreePBX depends on third parties. In the event that the third-party data used to route calls is inaccurate or produces an incorrect result, ThreePBX disclaims any and all liability or responsibility. Neither ThreePBX nor its officers, directors, employees, affiliates, and agents, and any other service provider who furnishes services to you in connection with ThreePBX's VoIP service, may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes. You agree to defend, indemnify, and hold harmless ThreePBX, its officers, directors, employees, affiliates, and agents, as well as any other service provider who offers services to you in connection with ThreePBX's voip service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney fees) made by or on behalf of you or any third party in connection with the absence, malfunction, or outage of the service, including 911 service, The indemnification and limitation of liability provisions contained in ThreePBX's terms and conditions are supplemented by these provisions, not limited by them.
By using ThreePBX services, you acknowledge and accept that you have read, understand, and agree to the advice above regarding the limitations of ThreePBX's 911 service and understand the differences between such service and traditional 911 or e911 calls. You also acknowledge and accept that ThreePBX's emergency service may not always be supported or available through the service.
THREEPBX SMS/ MMS CONTENT POLICIES
As a TCR CSP participant, ThreePBX is committed to offering the best possible service while attempting to get rid of spam, phishing, and fraudulent messages. The following policies apply to our SMS/MMS solutions, whether sent via the ThreePBX App, a third party provider, or via the API, in order to help ensure that these goals are achieved and in compliance with CTIA messaging guidelines.
Beyond those that are mentioned below, there may be other policies, rules, and laws. What follows is not legal counsel. Given the type of message you want to convey, it is highly advised that you speak with a lawyer to better understand any legal responsibilities you may have.
- Enhanced Business SMS
The Terms of Service and Acceptable Use Policy of ThreePBX must be followed when using Enhanced Business SMS.
Rules for ThreePBX Enhanced Business SMS
- Send no more than 50 messages per originating number every minute.
- If sending marketing, promotional, or instructional communications, obtain recipients' written agreement before sending your messages.
- When sending SMS, avoid utilizing purchased lists or lead lists generated by third parties. Include clear opt-out instructions.
- Avoid using link shorteners and non-branded URLs for embedded links.
- Complete the necessary TCR brand registration before sending SMS messages.
Please consider using our High Volume SMS service, which permits up to 60 messages per minute for long code numbers and 180 messages per minute for toll-free numbers, if you need to send more than 50 messages per originating number every minute.
- Opt-in/User approval
Any numbers you intend to send an SMS message to must first have that person's express permission. It's vital to remember that acquiring a list of "users who have opted in to SMS" or responding instantly to a received message are not regarded to be valid forms of implied permission for SMS. If a user wants to receive SMS messages from you, they must request it. Keep in mind that permission is required before sending any campaign or message type. The receivers' express prior written authorization is required for any marketing or promotional messages.
A online form where it is made obvious that a user is opting into SMS texts is one way to acquire consent, as is having them send a message to your phone number. It is highly advised to employ a double opt-in, authenticating their number and receiving an SMS to confirm their consent.
Additionally, you need to keep track of consent, opt-ins, and opt-outs. In some circumstances, carriers could ask for evidence that a person has opted in, along with a description of your opt-in/opt-out procedure.
If opt-in is not ensured, mobile carriers or ThreePBX may restrict or stop your number or service.
Users must have a straightforward text option to unsubscribe from your SMS messaging. The CTIA rules include STOP and UNSUBSCRIBE as explicit command terms that must be complied with for opt-out requests. Any instructional or commercial messages must have instructions for opting out.
When utilized outside of our High Volume SMS solution, long-code and Toll-free SMS do not automatically manage opt-out requests; instead, you must manage and keep track of opt-out requests. Similarly, in order to prevent delivering SMS to customers who have opted out, you will need to manage opt-outs that you get through other channels.
- Illegal Campaigns
Even while SMS is a fantastic way to interact with your opted-in clients, there are some constraints on the content and message types that can be delivered. All of ThreePBX's SMS systems expressly forbid the following campaigns:
- Loan and mortgage advertisements
- Credit repair offers
- Debt relief offers
- Debt collection attempts
- Work from home advertisements
- Secret shopper advertisements
- Political advertisements and messages
- Alcohol, tobacco, or firearms advertisements
- Pharmaceutical, vitamin, or other drug advertisements
- Campaigns that may be similar to the above
Notably, ThreePBX is unable to grant exceptions to the aforementioned prohibited campaigns at this time. Similar messages might also be rejected at the carriers' or ThreePBX's discretion. Some messages (e.g., an update on your loan application) may be blocked accidentally, in which case ThreePBX recommends filing for an individual brand ID and a campaign specific to your messages.
- Prohibited Material
Additionally, the following message material is strictly forbidden and could result in the carriers or ThreePBX blocking or suspending your service:
- Messages that promote or engage in pornographic or adult entertainment, regardless of whether it is legal, or that otherwise violate our terms of service, including the acceptable use policy.
- Text or references to substances listed as controlled substances under federal law, regardless of their legality, including marijuana (cannabis);
- Text or references to violence, hate speech, or other engaging in threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent behavior; Text or references to third-party affiliate/lead generation links;
- Messages that use links that aren't in line with what the user would expect based on the message text, or that obfuscate links in order to deceive the reader.
- Messages that are formatted to go around this policy or a carrier's rules (e.g. misspelling, uncommon capitalization, etc.)
At any time, ThreePBX retains the right to add to this list or decide which communications are forbidden.
- Charges From Carriers and Account Limitations
In addition to fines and other penalties transmitted through ThreePBX by the carriers, accounts that violate ThreePBX or carrier rules and regulations may also be subject to reduced message deliverability, increased campaign registration requirements and fees, service suspension or termination.
You are responsible for being aware of any extra limitations while sending SMS messages and for abiding by any and all recipient number-related rules.
HARDWARE RENTAL AGREEMENT
Customers using ThreePBX VoIP Services that have an Initial Term of at least twenty-four (24) months are eligible to use the Hardware Rental Agreement ("Rental Agreement"). The agreement you agreed and/or signed (the "Master Services Agreement" or "MSA"), which regulates your usage of the ThreePBX Services, includes and is made a part of this Rental Agreement.
The conditions of the Rental Agreement will take precedence over the terms of the MSA in the case of any discrepancies or conflicts. Capitalized terms that are not otherwise specified here shall have the meanings assigned thereto in the MSA.
- Rental Services
- This Rental Agreement covers the repair or replacement of some telecommunications devices by ThreePBX (collectively, the "Rental Services"); each "Rental Device" includes all accessories given with it. The "Rental Fee(s)" are charges that are made repeatedly. You consent to paying the Rental Fees for all Rental Devices as part of your regular ThreePBX invoice. The location-specific taxes and fees are not included in the rental rates. Taxes are computed using either the entire list price or ThreePBX's cost, depending on what the applicable taxing authority requires.
- The Initial Term and each subsequent renewal term (each a "Renewal Term") of the Rental Fees for Rental Services for the ThreePBX Services subscription will start on the Start Date of the Initial Order Form. Despite the aforementioned, either party may end this rental agreement at any time with thirty (30) days' written notice.
- You undertake to return the Rental Device(s) (together with all materials and accessories that were initially delivered with the Rental Device(s)) in accordance with ThreePBX's written instructions and Section C(i) below upon any termination of the Rental Agreement or Rental Services. You will automatically be considered to have acquired the rental device(s) in accordance with Section C (ii) below if you don't return them within thirty (30) days of the termination. No invoice will be necessary, and the sum owed is due right away.
- Ownership of Rental Devices; Damage and Loss. Until ownership is officially transferred to you in writing following ThreePBX's confirmation to you that it has received your full payment of the purchase price for the Rental Device, ThreePBX will continue to be the owner of each Rental Device. You will not: I rent any Rental Device to any third party; (ii) attempt to dispose of any Rental Device; (iii) grant any interest or right in a Rental Device to any third party; (iv) grant any right to use, possess, or control any Rental Device to any third party; or (v) assign any claims, offsets, or defenses you may have against ThreePBX. You will sign and deliver to ThreePBX any papers or forms necessary to safeguard ThreePBX's title and interest in every Rental Device at ThreePBX's request and to the extent authorized by relevant law.
- After receiving each rental device, you have five (5) business days to report any damage or functioning problems to ThreePBX. Each Rental Device is assumed to be in good functioning order at the time of receipt if you fail to give such notice.
- In the event that any Rental Device delivered to you is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, you will promptly notify ThreePBX in writing and pay ThreePBX the purchase price as established in Section C (ii), unless the event takes place within the first 12 months of the Initial Term, in which case the purchase price will be the full list price for the Rental Device.
- Use of Rental Devices
You will make sure that: (a) Each Rental Device will only be used in accordance with the written instructions ThreePBX issued with it, as they may be updated from time to time by ThreePBX or the manufacturer of the Rental Device; (b) Each Rental Device must be used within the country specified by the Master Services Agreement and may not be exported or reexported to any other country. (c) Each Rental Device will not be altered, utilized, or operated in any way that would violate any local, state, or federal law or regulation. (d) Each Rental Device may only be repaired with ThreePBX's express written consent and in accordance with ThreePBX's instructions and regulations. (e) Any regulatory or certification markers attached to a Rental Device may not be removed, defaced, or otherwise obstructed.
- Purchases and Returns
- The manuals and all returned rental equipment must be in working order. Unless the return takes place within the first 12 months of the Initial Term, in which case the purchase price will be the full list price for the Rental Device, you will be required to pay ThreePBX the purchase price in accordance with Section C (ii) below if the Rental Device is not fully functional. A minimum restocking fee of twenty-five dollars ($25.00) US is what ThreePBX has the right to charge you (if you are billed in another currency, please contact ThreePBX customer service for the fee amount applicable).
- Regardless of the cause for the return, you agree to pay all packaging, shipping, and handling fees associated with any Rental Device and related hardware returns.
- It is entirely your responsibility to transfer any files you want to keep before returning any hardware, including Rental Devices, that includes data in its memory. Your files cannot be restored once the Rental Device and associated hardware have been returned, and you release us from responsibility for any lost, corrupted, or destroyed files, data, or other material.
If you are current on your rental fee payments and wish to acquire a rental device(s) after 12 months from the date you received the rental device(s), please follow these steps: After
(1) 12 months - purchase price is 70% of list price;
(2) 24 months - purchase price is 60% of list price;
(3) 36 months - purchase price is 50% of list price;
(4) 48 months - purchase price is 40% of list price; and
(5) 60 months - purchase price is 30% of list price.
- Warning Regarding Warranties
EACH RENTAL DEVICE AND ANY HARDWARE RENTED OR PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THREEPBX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY COMPARABLE WARRANTY, REGARDLESS OF WHETHER SUCH WARRANTY ARISES UNDER CANADIAN LAW OR THE LAW OF ANY PROVINCE THEREOF. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY THREEPBX THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A SPECIFIC DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). ANY RISK ASSOCIATED WITH USING A RENTAL DEVICE IS SOLELY YOUR RESPONSIBILITY.
A FEW OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME IMPLIED WARRANTIES. THE SCOPE AND DURATION OF ANY SUCH WARRANTY WILL BE THE BARE MINIMUM PERMITTED BY APPLICABLE LAW, TO THE EXTENT THAT THREEPBX IS UNABLE TO DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW.
To the extent allowed by law, ThreePBX must pass on to the customer any manufacturer's warranties it gets in connection with the rental device.
- General Terms
You give us permission to collect any unpaid Rental Fees from you using the MSA's specified payment method. The conditions of the MSA and this Rental Agreement constitute the Parties' legally-binding obligations, which are enforceable against them.
The terms and conditions of the Rental Agreement may be updated or changed online at ThreePBX's discretion, and the version of the Rental Agreement that applies to each Rental Device is the one that was in force on the Start Date of the Rental Service for that Rental Device.
VOIP CANCELLATION POLICY
You can discontinue using your ThreePBX service at any time by notifying ThreePBX in writing at firstname.lastname@example.org or by calling our customer support line at 1-877-771-7464.
- Money-Back Guarantee.
If you are dissatisfied with your ThreePBX service for any reason within the first 30 days of your initial sign-up, provided that you have not used more than 50% of the permitted minutes in your metered subscription plan or 500 minutes in an unlimited plan, you did not receive a free device, you are not bound by a minimum commitment contract (such as a ThreePBX Service Agreement), and you have not violated any other terms and conditions governing your service, then ThreePBX will refund your money. The costs of shipping and handling are not refundable. If a device is in "returnable" condition and is returned within 7 days after the RMA date, it will be fully refunded if an RMA was requested within the 30-day window. The item must be in brand-new condition, with all of the included parts and documentation, in its original packing. The cost of return shipping is the client's obligation.
Customers who received a free device, minimum commitment contracts, any fees for foreign usage, payphone calls to ThreePBX toll-free lines, and directory help are not covered by our money-back guarantee. Additionally, any renewals, add-on lines, or services added after your initial transaction are not covered by our money-back guarantee. Furthermore, we might not be able to fully reimburse you for the taxes you paid. Following the return of your device, ThreePBX shall make commercially reasonable steps to immediately reimburse any charges (minus any sums that you owe to us). In the event that your device is not returned within 14 days of the RMA date, ThreePBX will reimburse you for all valid fees minus the device fees. The device payments will be repaid after the gadget is returned, less any necessary restocking fees.
A fee equal to the retail price of any equipment will be charged to the customer's account if the device is not returned within 14 days after the RMA date.
At any time, without prior notice, WE RESERVE THE RIGHT TO TERMINATE THE MONEY BACK GUARANTEE FOR ALL CUSTOMERS.
If it is determined that you have violated our terms of service or if you have previously abused the guarantee, the 30-Day Money Back Guarantee is not applicable.
- Termination 30 Days Later (Month-to-Month Agreements).
After the first 30 days, if service is terminated, it will take effect on the final day of the first billing cycle that is at least 30 days after notice of termination (not applicable to minimum commitment contracts). ThreePBX may at any time and for any cause give a ThreePBX customer a refund, a discount, or another benefit ("Credit"). ThreePBX has the sole and unfettered authority to determine the type, amount, and provision of a Credit. The provision of a Credit in one instance does not grant you the right to a Credit in subsequent instances for comparable instances, nor does it bind ThreePBX to provide a Credit in subsequent instances in any way. After the 30-Day Money Back Guarantee period, equipment cannot be returned or refunded. Both the 30-Day Money Back Guarantee and service cancellation are not affected by non-use of the service.
- Minimum Commitment Contract:
You will be liable for all payments for the duration of the then-current term if you signed up for a minimum term commitment contract, in addition to any disconnect fee, and you allow ThreePBX to charge these fees to your payment method (credit card). Any executed minimum commitment contract is not covered by the 30-Day Money Back Guarantee.
Your current number can be transferable to another service provider, or "ported." You must send an email to email@example.com to cancel your ThreePBX Service after your port has been completed through your new service provider. You will continue to be a ThreePBX client up until you decide to discontinue your service, and you are still in control of paying any fees and charges related to your Service. Your service will stop working and your number might not be available for porting if you cancel it before the port is finished. You cannot port out your number unless your account is open and in good standing.
FAX CANCELLATION POLICY
Policy for ThreePBX Fax Service Cancellations By notifying ThreePBX of your intention to do so via email to support@ThreePBX.com or phone call to our Customer Care Department at 1-877-771-7464, you may terminate your ThreePBX Fax Service at any time.
- Money back guarantee
You may cancel and be eligible for a refund of the equipment, activation, and subscription fees if you are dissatisfied with your ThreePBX Fax Service for any reason within the first 30 days of your initial sign-up, provided that you have not used more than 50% of the permitted pages in your metered subscription plan or 500 pages in an unlimited plan, you did not receive a free device, and you are not bound by a minimum commitment contract (such as a ThreePBX Service Agreement). The costs of shipping and handling are not refundable. If a device is returned within 7 days after the RMA date and is in "returnable" condition, refunds for devices for which an RMA was obtained within the 30-day window will be issued in full. The item must be in brand-new condition, with all the included parts and documentation, in its original packing. The cost of return shipping is the client's obligation.
Customers who received a free device, minimum commitment contracts, and any fees for page usage are not covered by our money-back guarantee. Furthermore, we might not be able to fully reimburse you for the taxes you paid. Following the return of your device, ThreePBX will make commercially reasonable attempts to quickly reimburse any charges (less any sums you owe to us) to your account. In the event that your device is not returned within 14 days of the RMA date, ThreePBX will reimburse you for all valid fees minus the device fees. The device payments will be repaid after the gadget is returned, less any necessary restocking fees.
If the device is not returned within 14 days of the RMA date, a fee for the retail cost of any device will be applied to the customer's account.
AT ANY TIME, WITHOUT PRIOR NOTICE, WE RESERVE THE RIGHT TO TERMINATE THE MONEY BACK GUARANTEE FOR ALL CUSTOMERS.
If it is determined that you have violated our terms of service or if you have previously profited from the promise, the 30-Day Money Back Guarantee is not applicable.
- 30 days later.
After the first 30 days of your original sign-up, you won't be eligible for a full or partial refund, credits for fees that have already been charged to your account in the cancelled month, or any refunds for prepaid sums paid under an annual plan. Only service fees, as described in this agreement, are refundable. Activation fees, shipping fees, and one-time fees are not eligible for any kind of refund. After the 30-Day Money Back period, equipment cannot be returned or refunded. Both the 30-Day Money Back Guarantee and service cancellation are not affected by non-use of the service.
- Minimum Commitment Contracts.
Any executed minimum commitment contract is not covered by the 30-Day Money Back Guarantee.. If you signed up for a minimum commitment contract, You agree to pay all fees for the duration of the minimum commitment period, including any disconnect fee, and give ThreePBX permission to charge those fees to your payment method (credit card).
Your current number can be transferable to another service provider, or "ported." You must send an email to support@ThreePBX.com to discontinue your ThreePBX Fax Service after your port is finished through your new service provider. You will continue to be a ThreePBX client up until you terminate service, and you are still in charge of all costs and expenses related to your ThreePBX Fax Service. Your service will stop working and your number might not be available for porting if you cancel it before the port is finished. You cannot port out your number unless your account is open and in good standing.