SIGNING UP FOR INTELEGENT’S VOIP SERVICE CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS:
(1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE YOUR VOIP PHONE SERVICE,
(2) YOUR SUBMISSION OF AN ORDER,
(3) YOUR USE OF THE SERVICE DESCRIBED HEREIN. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS.
INCORPORATED BY REFERENCE IN THIS AGREEMENT.
1. INTRODUCTION. These INTELEGENT VOIP Service Terms and Conditions, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time (collectively, the “Agreement”), constitutes the entire agreement between INTELEGENT, a Georgia corporation (hereinafter referred to as “we,” “us” or “INTELEGENT”) and the party set forth in the related registration order form (herein after referred to as “you,” “user” or “Customer”) regarding INTELEGENT’s Service (as defined herein), and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, the term “INTELEGENT” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services or devices to you in connection with this agreement.
2. DEFINITION OF SERVICE. INTELEGENT VoIP Phone Service is an enhanced voice communication service that uses a data network (like the Internet) to transport voice communications that have been converted into data packets. For purposes of this Agreement, the term “Service” shall mean INTELEGENT VoIP Phone Service, including all other features, products and services provided by INTELEGENT under the pricing plan that you have selected. For purposes of this Agreement, “Device” shall mean a INTELEGENT-provided telephone, telephone adapter (“Adapter”), or router, PBX, Firewall.
3. REVISIONS TO TERMS AND PRICING. From time to time, we may revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference) and the pricing (except during the term of a Minimum Commitment Contract) for the Service. Notice of revisions to the Agreement or pricing shall be posted on the INTELEGENT Website(s) (“the Website(s)”) and deemed given and effective on the date posted to the Website. If you do not agree to the revision(s), you must terminate your Service immediately, subject to the Termination provisions provided in this Agreement. By continuing to use the Service after revision(s) are in effect, you hereby accept and agree to all such revisions.
4. CUSTOMER REPRESENTATIONS. You represent and warrant that your primary residence or business address is in the United States. You represent and warrant that you are at least eighteen (18) years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You represent and warrant that your name, user name, contact information and registered location are true and correct and if for business use, you are authorized to act on behalf of your company. You understand that INTELEGENT relies on the information you supply and that providing false or incorrect information may result in Service provisioning and delivery delays, the suspension or termination of your Service and the inability of a 911-dialed call to be correctly routed to emergency service personnel, as further explained below. You agree to promptly notify INTELEGENT whenever your personal or billing information changes (including, but not limited to, your name, address, e-mail address, telephone number, and credit card number and expiration date). You agree to be financially responsible for your use of the Service as well as for use of your account by others.
5. USE OF SERVICE AND DEVICE.
5.1. Business Plans. Service is provided to you as a business user, for your business and home office use. This means that you are not using it for any personal, residential, nonbusiness and nonprofessional purpose. This also means that you are not to resell or transfer the Service to any other person for any purpose or make any charge for the use of the Service, without express written permission from INTELEGENT in advance. INTELEGENT reserves the right to immediately terminate, change the calling plan or modify the Service if INTELEGENT determines, in its sole discretion, that you are using the Service for non business or non-commercial use.
5.2 Residential Plans. If you subscribe to our residential services, we provide you with the Service and the Device solely for residential use.
INTELEGENT reserves the right to immediately terminate, change the calling plan or modify the Service if INTELEGENT determines, in its sole discretion, that you are using the Service for non residential use. Or non business usage.
5.3. User Responsibility. You agree that you are responsible for all use(s) related to your account. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the Service via your account with or without your permission. You acknowledge that INTELEGENT will be sending you information, including your Password, via e-mail over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information and telephone calls you transmit over the Internet. In order to maintain the security of your Service, you should safeguard your User IDs and Passwords, as well as the media access control (MAC) address of the Adapter. The MAC address is one of the pieces of information used by INTELEGENT to authenticate customer calls and should not be shared.
5.4. Use of Service and Device by Customers Outside the United States. While InTelegent encourages use of the Service within the United States to other countries, InTelegent does not presently offer or support the Service to customers located in any countries other than the United States. InTelegent’s Services are only for use by persons or entities whose primary residence or business address is in the United States. InTelegent’s Services are designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is outside the United States and/or your ISP places restrictions on the usage of VoIP services, InTelegent does not represent or warrant that use of the Service by you is permitted by any other jurisdictions or by any or all the ISPs. If you remove the installed Device to a country other than the United States or use the Service from there, you do so at its own risk, including the risk that such activity violates local laws in the Countries where you do so. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. You also agree to indemnify us for any claims, damages or expenses resulting from your use of the Services outside of the United States. InTelegent reserves the right to disconnect Services immediately if InTelegent determines, 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 jurisdictions outside the United States. You are solely liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.
5.5. Account Ownership. The owner of the account under which the Services are ordered shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with INTELEGENT. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open such account. Subsequent changes to ownership must be supported by appropriate legal documentation. INTELEGENT shall not adjudicate ownership-related disputes, or any other internal business dispute. If INTELEGENT is unable to determine the valid owner of the account, INTELEGENT reserves the right to suspend or terminate the account and Services.
6. LOCAL NUMBER PORTABILITY. In the event you are transferring an existing phone number that currently is subscribed to another carrier, the following terms and conditions apply:
6.1 Authorization. You hereby authorize INTELEGENT to process your order for the Service and to notify your local service provider of your decision to switch your local services to INTELEGENT and to transfer your telephone number, and represent that you are authorized to take these actions. You may be required to complete a letter of authorization, provide us with a copy of your most recent bill from your service provider, as well as provide us with any other information required by your service provider to port your number. Failure to provide any information requested by INTELEGENT or the third party services provider will delay the porting of the number to INTELEGENT. INTELEGENT shall not be responsible for any delay in the port of your number and will not provide credit for any such delays.
6.2 Activation. You agree and acknowledge that you must install and activate your Device prior to the date that the number switch becomes effective. You will be assigned a temporary telephone number until your transfer is completed. You may place and receive calls using this temporary number until such time as your phone number is transferred.
6.3 Limitation. INTELEGENT has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.
7. SERVICE DISTINCTIONS. You acknowledge and understand that the Service is not a telephone service, and we provide it on a best efforts basis.
Important distinctions exist between telephone service and the enhanced Service offering provided by INTELEGENT. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or VoIP service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.
7.1. EMERGENCY SERVICES – 911 DIALING. You acknowledge and understand that INTELEGENT 911 dialing is different than traditional 911 service. YOUR SERVICE WILL NOT BE ACTIVATED UNTIL INTELEGENT RECEIVES AN AFFIRMATIVE ACKNOWLEDGMENT THAT YOU HAVE READ AND UNDERSTOOD INTELEGENT’S 911 DISCLOSURE AGREEMENT.
7.2. No 0+ or Operator Assisted Calling; May Not Support X11 Calling. You acknowledge and understand that the Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, calling card calls or dial-around calls. Our Service may not support 311, 511, and other x11 services in one or more service areas.
7.3. No Directory Listing. The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may or may not be listed.
7.4. Incompatibility with Other Services.
7.4.1. Non-Voice Equipment Limitations. You acknowledge and understand that the Service is not compatible with all non-voice communications equipment, including but not limited to, some home and office security systems that are set up to make automatic phone calls, emergency phones in elevators, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems and medical monitoring devices. By accepting this Agreement, you waive any claim you may have against INTELEGENT for interference with or disruption of such systems due to the Service.
7.4.2. Certain VoIP, Cable Modem, and Other Services. There may also be other services with which our Service may be incompatible. Some providers of VoIP service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Service will be compatible with all VoIP services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular VoIP service.
7.5 Use Outside of the United States. As previously noted there are limitations with the Service’s access to 911. InTelegent’s Service does not provide access to emergency services in any country outside of the United States. InTelegent disclaims any obligation to provide you with access to emergency services in any jurisdiction other than the United States.
8. LENGTH OF SERVICE
8.1. Service Term. We provide the Service for the term that you have signed up for. Your term begins on the date you first ordered service (the “Subscription Date”), or the date we successfully process your payment, whichever is later. It is not the day you receive the Device you ordered or the first time you use the Service. You are purchasing the Service for the full service term as set forth in the Order.
8.2. Automatic Renewal. InTelegent shall automatically renew the Service for the same term on your Subscription Date unless you cancel your Service before the end of the current service term. See “Termination of Service” Section 8.4. The renewal begins on the day after the last day of your term. The renewal will be charged to your payment method (credit card) on file, which may include any payment method automatically updated by your issuing bank. If your credit card is declined, invalid, or payment is not made by the issuer of your credit card on your Subscription Date, without further notice InTelegent reserves the right to automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.
8.3. Our right to disconnect. We have the right to suspend or discontinue service generally, or to disconnect the Service, at any time. In addition, we reserve the right to immediately disconnect the Service at any time without notice due to non-payment or unlawful or inappropriate use of the Service.
8.3.1. All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
8.4. Termination of Service. In order to terminate the Service, contact our Customer Care Department, by calling +1 678.909.4781 prior to expiration of the current service term. Please refer to the INTELEGENT Cancellation Policy posted on our Web site.
9. DEVICES
9.1. Ownership and Risk of Loss. You will own the Device and bear all the risk of loss, theft, or damage regardless of the payment schedule selected for Services and Devices. Minimum Commitment Contracts for Services and Devices may include early termination fees. Returns of non-defective Devices outside of the initial 30 day money back guarantee period will not be accepted. Refer to the Cancellation policy for more information.
9.2. Promotional Devices. Devices included in a service offering at no charge may be refurbished or used equipment. Unless otherwise provided in a Minimum Commitment Contract, Devices not returned upon cancellation of the Service will be charged to the customer. See Cancellation policy for details.
9.3. Replacement of a Defective Device. Devices purchased from INTELEGENT will be covered by their respective factory warranties only. INTELEGENT does not offer any warranty in addition to, or in replacement of any factory warranties. Prior to returning the equipment, you must contact INTELEGENT’s support Department so that INTELEGENT may determine whether a defect exists and to receive an RMA number, which is required along with the return. You must ship the equipment to the manufacturer at the address provided by INTELEGENT in accordance with all RMA procedures. You have 7 days after receipt of an RMA to ship the equipment back to the manufacturer at the address we provide. You must payall shipping fees. Once the manufacturer has received the equipment, a replacement will be sent to you. If an advance replacement is provided and the factory has not received the defective Device within 14 days or it was not in a returnable condition, (original carton, all packing materials and parts in the same condition in which you received them), then INTELEGENT will charge you for the second device or for the missing parts.
9.4. Receipt of damaged Devices. If you receive cartons or Devices that are visibly damaged, you must note the damage on the carrier’s freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which you received them from the carrier. You must then contact our Customer Care Department immediately for return instructions.
9.5. Tampering with the Device. You may not change the electronic serial number or equipment identifier of your Device or perform a factory reset of your Device without first getting our written consent.
9.6. Prohibited Devices. You are prohibited from using the Services with any devices other than INTELEGENT-approved devices received from retailers or from us.
10. FEES AND CHARGES.
10.1. We will publish fees and charges on our Web site. These fees and charges may change from time to time (except during the term of a Minimum Commitment Contract). New pricing will be effective the next day following posting to the Web site and may be applied to renewals of existing services. We may introduce new products and services at special introductory pricing. Introductory pricing will not be applied retroactively to existing services and may be applied for only limited periods of time. At our discretion, we may change introductory pricing. Certain service charges, such as Regulatory Recovery Fees, Universal Service Fund fees, and E911 fees, are subject to change from time to time and are applicable to ALL Customers regardless of a Minimum Commitment Contract.
10.2. Billing increments. All billing policies are defined by the specific package the customer chooses. Please refer to the Web site for exact billing policies.
10.3. Taxes. Taxes Customer is responsible for, and shall pay are any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Device and will be billed to you. If Customer is exempt from payment of such taxes, you will provide INTELEGENT with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date INTELEGENT receives such certificate.
10.4. Charges for Directory Calls (411). We will charge you $1.25 for each call you make to INTELEGENT directory assistance.
10.5. Charges for Calls from Public Payphones. We reserve the right to charge you for any tolls or fees resulting from calls you receive from public payphones.
10.6. Activation Fee. One-time activation fees and any other installation fees that may apply are specified on the Web site and vary by product and plan chosen.
10.7. Regulatory Recovery Fee. A Regulatory Recovery Fee shall be charged monthly to offset costs incurred by INTELEGENT in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee may apply to every phone number assigned, including toll free and virtual numbers.
10.8. Reinstatement Fee. Reinstating any service deactivated for non-payment of fees shall result in a reinstatement fee up to $25.
11. BILLING AND PAYMENT.
11.1. Billing. We will charge you in advance for each term of service. If you have selected a free trial offering, we will commence charging you for the Service at the expiration of the free trial period, unless we are notified of the contrary. When you subscribe to the Service, you must give us a valid email address and a payment method (credit card) that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. We will bill monthly as due immediately usage-based charges and any other charges which we decide to bill as due immediately. Bills will be posted to the inTelegent Customer Portal and emailed to the email address on record.