This entry was written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Voxbeam Telecommunications Inc provides wholesale VoIP services to customers in accordance with the terms and conditions set forth in this agreement.
By registering for, activating, making use of, or by paying for Voxbeam’s site or services you acknowledge having read and agreed to these terms, and you represent that there is no legal impediment to your entering or being bound by this agreement.
Charges are calculated on a per call at the current rate rounded up to three decimal places.
Usage of Voxbeam’s services will be charged according to the current price list as made available on the Voxbeam site. Changes to our pricing shall become effective immediately upon posting to the site.
Payment for Voxbeam’s services is billed on a pre-pay basis, unless otherwise agreed by both parties. You agree that our services will not be provisioned until sufficient pre-payment has been made, and that service may be terminated immediately if sufficient pre-payment has not been made. It is your ongoing responsibility to ensure that your account maintains the necessary balance to provision the service.
You agree that Voxbeam may expire any credit that remains unused within 365 days of the credit being applied to your account. Such expiration renders the balance non-refundable, and is performed entirely at Voxbeam’s discretion.
Any refund request will be subject to a $75 administration charge in addition to any bank charges incurred.
Transaction charges incurred by Voxbeam will be passed on to the customer at the rates and percentages indicated when the customer adds credit to their account. The customer fully accepts these charges when they elect to "Create Order" on our website.
Voxbeam reserve the right to change the rate of charges at anytime, notice is deemed to have been given when the new charges appear on the website.
If no prefix is included with call details these calls will be charged in accordance with our Premium rate tariff in force at the time of the call.
If any local, state, federal, public or quasi-public governmental entity or its political subdivision imposes any taxes, fees, surcharges, or other charges or obligations on Voxbeam as a result of Voxbeam’s sale of Services or Customer’s use of Services, Customer shall pay any such obligations (Additional Charges) and indemnify Voxbeam from any liability or expense associated with the Additional Charges. If Additional Charges are assessable to support the federal Universal Service Fund (USF), Voxbeam may elect to calculate and charge Customer in accordance with applicable regulations of the government authority having jurisdiction (USF Charges).
A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 40% (forty percent) is required, and is calculated on total outbound call attempts during any 24 hour period. An Excessive Call Attempt Surcharge of $0.01 per call will be assessed for all incomplete calls below this threshold.
A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 50% (fifty percent) is required, and is calculated on total outbound call attempts on a monthly billing basis per unique customer account. An Excessive Call Attempt Surcharge of $0.005 per call will be assessed for all incomplete calls below this threshold.
A minimum Average Call Duration (ACD) of two (2) minutes is required in any 24 hour period. In the event Customer’s ACD on an individual account is below the two (2) minute threshold, default billing increments on the customers account will change from one (1) second to the following:
A minimum Average Call Duration (ACD) of one (1) minute is required in each billing period. In the event Customer’s ACD on an individual account is below the one (1) minute threshold, a surcharge of 100% of the total amount billed to Customer in the billing period shall be assessed.
If Customer’s total Short Duration Calls (defined as all calls with a duration of 6 seconds or less) is more than 10% (ten percent) of total calls during a monthly or other billing period shall be assessed a Short Duration Surcharge of $0.02 per call for all Short Duration calls.
You agree that Voxbeam’s records are conclusive evidence of your use of the site and service. Furthermore, you acknowledge that these records will be used to calculate charges incurred.
You accept that any use of the service originating from the IP addresses you nominate shall be deemed to be authorised, and that you will pay any charges arising from such use.
Any request for a billing adjustment must be made in good faith within thirty (30) days of invoice receipt through a Written Dispute Notification.
For the purpose of this Agreement, a Written Dispute Notification means an email message that must include the following information:
By using our services you acknowledge that Voxbeam Telecommunications does not offer E911 services as part of any existing product or service. Furthermore, Voxbeam does not offer termination through its rate decks to 911 emergency services phone numbers. Voxbeam DIDs do not hold any information that would help identify you or your users to emergency services.
Your use of Voxbeam products and/or services represents your agreement that you have alternative E911 services in place for you and your users.
You agree to be held fully responsible for all use of and fees related to your account, and accept full liability and responsibility for the actions of anyone who uses the site or service via your account, whether authorised or unauthorised, except when unauthorised use is solely attributed to an act or omission on the part of Voxbeam.
Voxbeam Telecommunications Inc. makes no representations or warranties that the FCC, PUCs, any type of government body, whether federal, state (provincial) or local, or any underlying providers will not make any changes to existing laws and/or tariffs that could impair Voxbeam's ability to deliver service to Customer.
You agree to indemnify Voxbeam and its agents, and hold them harmless from any claims or damages relating to this agreement. You agree not to hold Voxbeam or its agents liable for any loss of business, contracts, savings or profits, or any other damages or losses (direct or consequential) to the extent that Voxbeam’s liability can be limited by law.
The terms of this agreement shall come into effect immediately upon appearing on the Voxbeam website, as indicated by the time-stamp at the foot of this document. Voxbeam may terminate this agreement at any time for any breach of these terms or any applicable policy as posted on the Voxbeam website. No reimbursement for any fees charged in connection with Voxbeam’s services shall be issued for such a termination.
Any provision of this agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.
Should a provision of this agreement be found to be invalid or unenforceable, or should Voxbeam choose to waive any provision contained herein, you agree that the remainder of the agreement remains unaffected and in full force.
Ordering a DID or DID services on Voxbeam's website constitutes an authorized purchase order, and the funds will be removed from the user's account as soon as the order is filled. Monthly recurring charges are billed on the 25th day of each month. This is also called the DID billing cycle. DIDs and DID services are prepaid one month in advance.
Setup fees are also called "NRC" (non-recurring charge).
Monthly Charges are called "MRC" (monthly recurring charges)
DID Setup costs include the DID monthly cost for the remainder of the current DID billing cycle. (Example: if you buy a New York City DID on April 10th then you will be charged a $4.00 Setup fee on April 10th. The next fee you will be charged will be for the beginning of the next billing cycle starting on April 25th.)
Cancelling a DID or DID services in the middle of a DID cycle will not be eligible for any full or partial refund.
DIDs will continue to be charged until a proper notification of cancellation sent to firstname.lastname@example.org.
For customers wishing to port their Voxbeam numbers to another network or provider, the following conditions will apply:
There is a one time $3 Administration fee to port each number away from Voxbeam. For customers who have ported their numbers into Voxbeam, this fee will be waived.
It is the customer’s sole responsibility to notify Voxbeam of this action in writing here. Charges for porting out may apply for the labor and resources used by Voxbeam to help complete the port out request. Any charges are not meant to be a penalty, but simply a cost recovery mechanism. The number will remain on the user’s account until written notification has been received that the customer has ported the number away. Customers will continue to be charged their recurring monthly fees until proper notification has been given. No refunds will be given for recurring monthly charges that were assessed because notification was not given prior to the date the funds were taken.
This agreement was last updated 13:00 (GMT) on Wednesday April 3rd, 2013.