Terms of Service
This document is an agreement between a Customer and Bell Oceanic Communication inc for communications and related services .By activating Virtual Phone Line Service with Bell Oceanic Communication inc, Customer acknowledges that Customer has read and agrees to the terms of this Agreement.
1. SERVICE
A. Use of service
Customer authorizes Bell Oceanic Communication inc to verify its creditworthiness with a credit reporting agency to determine customer's eligibility for Service. If Customer is approved for Service, Customer agrees not to resell the Service without the expressed written consent of Bell Oceanic Communication inc Customer also agrees not to use Service for any unlawful or destructive purpose or in such a way as to create damage or risk to Bell Oceanic Communication inc' business, reputation, employees, facilities, third parties or to the public in general. Customer has no proprietary or ownership rights to or interest in a specific phone number or phone numbers assigned to Customer by Bell Oceanic Communication inc The number is not portable to any other service provider. Customers who choose to use the Service outside the United States do so at their own risk. Bell Oceanic Communication inc does offer customer service to Customers who use the Service outside of the United States. Bell Oceanic Communication inc does attest that the Service does work outside of the United States in most scenarios, but does not guarantee that the Service will work outside of the United States.
Bell Oceanic Communication inc does not exercise powers upon the acts of Service Providers/ Vendors, therefore if any Service Provider/Vendor changes the number which it has provided, Bell Oceanic Communication inc will not charge the Customer for that number for that month. In any case Bell Oceanic Communication inc will not be held responsible for any additional costs that the Customer may incur in the form of damages or any other costs incurred due to the change of the phone number by the Service Provider/Vendor.
If the number remains out of service which may be for whatever reason for a period extending for more than 3 days in a row, in this case Bell Oceanic Communication inc will not charge the DID rent charge for that monthly billing cycle.
The term of this Agreement depends on the plan, feature or promotion Customer selects and is described in separate subscriptions, calling plans, or rate plans in materials provided by Bell Oceanic Communication inc Customer agrees that it has reviewed the appropriate plan materials and fully acknowledges and agrees to the term of the Calling Plan. The term of this Agreement begins on the date that Bell Oceanic Communication inc activates Service for the Number. Customer agrees to purchase the Service for the entire term. The term of the Service shall continue for the number of full months applicable to the term selected. If Customer attempts to terminate Service prior to the end of the term, Customer will be responsible for all charges, including without limitation, unbilled charges, which immediately become due. After the expiration of Customer's Calling Plan, Customer will be required to sign up for a new Calling Plan (it may choose from all Calling Plans that are available at that time) in order to continue receiving Service from Bell Oceanic Communication inc
C. Unauthorized UsageCustomer may not use the number for the any illegal activity of any country that the number belongs to or the number rings to, and must follow the law's of the local country where the number is from or where the number is ringing in.
The calls on the number may be recorded by Bell Oceanic Communication inc on the suspesion of misuse, and recorded calls may be handed over to government authorities without prior permission or notification to the customer.
Any Phone Number that Does not work for more than 3 days in a Row, will NOT be charged for that particlar given month.
Calls sent to your Ring To Number will be charged even if you are not able to hear the calling party, however it may be given a Credit Against at the disgresion of The Customer Service agent.
Any and all complaints must be made via online ticketing system, and can not be issued credit of without making a ticket on the web.
2. CHANGES TO THIS AGREEMENT
Bell Oceanic Communication inc may amend the terms of the Agreement, including all Calling Plans, with advance notice. If Customer does not agree to the amendment, Customer may terminate the Agreement by giving Bell Oceanic Communication inc notice within 5 full business days (Monday through Friday USA CST) of the date Bell Oceanic Communication inc notifies Customer of changes to this Agreement, and will be charged a disconnect fee. If Customer uses the Service on the fifth day after Customer has been notified and/or does not notify Bell Oceanic Communication inc of its intent to terminate the Agreement within 5 days, Customer is deemed to have consented to the change. Any change will take effect in the next billing cycle subject to pro rata billing during the then current billing cycle. If Customer transfers to a Calling Plan having a term that is shorter than its previous Calling Plan, it may remain obligated to the previous Calling Plan, at the option of Bell Oceanic Communication inc
3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
A. Billing and Payment of Charges
Customer is
responsible for paying all charges posted to its account, including but
not limited to, monthly Service fee, setup fee, usage charges, advanced
feature charges, Device charges, shipping, and others. Charges,
including disputed amounts, must be paid by the date shown on the
invoice. Bell Oceanic Communication inc calculates all rates at one-minute
increments, rounded up to the nearest minute, commencing upon the first
use of any services being provided. Customer agrees that (a) it would be
impractical to determine the exact amount of Bell Oceanic Communication inc'
damages if Customer fails to pay promptly, and (b) in the event of such
failure, Customer shall pay Bell Oceanic Communication inc the amount due. If
Bell Oceanic Communication inc accepts late or partial payments or payments
marked "Paid in Full" or similar notations, it will not waive any of
Bell Oceanic Communication inc rights hereunder nor will it constitute an
accord or satisfaction. Bell Oceanic Communication inc reserves the right to
charge it's Customer for bills which are back dated for upto a period of
one year, if due to some reason an error has occurred in the billing
system of Bell Oceanic Communication inc
Bell Oceanic Communication inc reserves the right to bill and collect weekly or
otherwise than monthly if the amount due in any point of a month is
greater than $150USD. Invoices are payable on receipt. Note that
international calls are not included in the Unlimited USA incoming and
outgoing call plan.
Virtual Phone Line origination charges are charges that will be charged
to receive the call on a particular phone number. Virtual Phone Line
termination charges are charges for sending the call to a particular
number or location.Virtual Phone Line monthly charge is the monthly line
rent of the phone number.
If Customer pays by
credit card, it authorizes Bell Oceanic Communication inc to charge the credit
card account number for Bell Oceanic Communication inc charges that accrue
during the billing cycle. Customer reauthorizes Bell Oceanic Communication inc
to charge its designated credit card account each time it uses Service
and/or as required by the Calling Plan Customer chooses. This
authorization will remain valid until terminated by written notice to
Bell Oceanic Communication inc It is expressly understood and agreed that the
term for Service will automatically renew for a similar term until such
time as Customer notifies us in writing of its intention not to renew.
Bell Oceanic Communication inc may terminate your account at any time, in Bell Oceanic Communication inc's sole discretion, for declined credit cards or any
other non-payment of account charges with the understanding, however,
that Customer remains fully liable to Bell Oceanic Communication inc for all
charges accrued from usage of Service and all charges incurred by Bell Oceanic Communication inc due to said declines, etc.
If your Credit Card
decline to due to any reason for example, Billing Address not matched
or Decline due to lack of funds then we will charge you 1$ Credit Card
Decline Fees.
If you have an issue with credit card charges, you should contact our
company Bell Oceanic Communication inc first by logging into your account and
create a ticket of communication concerning the matter. In the event of a
charge back by a credit card company (or similar action by another
payment provider allowed by us) in connection with your payment of fees
for any Service(s) we provide, you agree that we may suspend access to
any and all accounts you have with us. We will reinstate your rights to
and control over these Services solely at our discretion, and subject to
our receipt of the unpaid fee(s) and our then-current reinstatement
fee, currently set at $100 (US Dollars). Reinstatement of Service(s).
Charges for the Service(s) which use our credit card payment processor
will be identified on your credit card statement as "Bell Oceanic Communication inc."
Bell Oceanic Communication inc reserves the right to terminate Service at Bell Oceanic Communication inc's discretion. Bell Oceanic Communication inc may discontinue the Service, for any reason including without limitation, if it has reason to believe that there have been attempts to hack or disrupt the system, or that the Service is being misused in any way. In the event of Customer default -- i.e. Customer does not pay any sum when due, breach any representations you made to Bell Oceanic Communication inc, fail to perform any of your obligations set forth in this Agreement between Customer and Bell Oceanic Communication inc, are suspected by Bell Oceanic Communication inc of committing fraud, harming Bell Oceanic Communication inc's network, harming Service to other customers, using Service in any way that damages Bell Oceanic Communication inc -- Customer will reimburse Bell Oceanic Communication inc for its attorneys' and expert witnesses' fees and costs of investigation, collection and similar expenses incurred by Bell Oceanic Communication inc in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, Bell Oceanic Communication inc may keep any charges or sums prepaid by Customer upon termination. Bell Oceanic Communication inc may require reactivation charges to renew Service after termination or suspension.
D. TaxesAny applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Bell Oceanic Communication inc as a result of providing the Service or a Device will be added to Customer's account when imposed or required by law. If Customer is exempt from payment of such taxes, it will provide Bell Oceanic Communication inc with an original Tax Exempt Document. Tax exemption will only apply from the date Bell Oceanic Communication inc receives the Tax Exempt Document.
E. Device Returns in the Event of Calling Plan TerminationIf any Device(s) was provided to Customer in conjunction with the signing of a Calling Plan, and the Calling Plan is terminated for any reason, Customer must return the Device(s) to Bell Oceanic Communication inc within 30 days of termination. Failure to do so will result in charging Customer's account and/or credit card the full amount of the Device.
4. LIMITATIONSA. Limitation of Liability>
Bell Oceanic Communication inc buys numbers from different Service Providers in the world
and does not exercise powers on the acts of these Service Providers,
therefore if any Provider changes the number which it has provided,
Bell Oceanic Communication inc will not charge the customer for that number for that
month. In any case Bell Oceanic Communication inc will not be responsible for any
additional costs that the Customer may incur in the form of damages or
any other costs incurred due to the change of the phone number.
Bell Oceanic Communication inc's nonperformance hereunder shall be excused and
Bell Oceanic Communication inc shall not be liable if caused by act or omission
of an underlying carrier; equipment, network or facility failure;
equipment, network or facility upgrade or modification; acts of god;
strikes; fire; war; riot; government actions; equipment, network or
facility shortage; equipment or facility relocation or causes beyond
Bell Oceanic Communication inc's control, including without limitation the
failure of an incoming or outgoing call, including a 9-1-1 emergency
call to be connected or completed, or degradation of voice quality.
Bell Oceanic Communication inc's liability for any failure or mistake shall in
no event exceed Service charges during the affected period. Bell Oceanic Communication inc is not liable for any incidental or consequential
damages of any type.
Customer agrees to defend, indemnify, and hold Bell Oceanic Communication inc, its affiliates and agents and any other service provider, harmless from claims or damages relating to this Agreement. This paragraph shall survive termination of this agreement.
C. No Warranties on ServiceBell Oceanic Communication inc provides no warranties of any kind on the Service. Statements regarding or descriptions of the Service, if any, by Bell Oceanic Communication inc or Bell Oceanic Communication inc's agents or installers are informational and are not given as a warranty of any kind.
5. RESOLUTION OF DISPUTESA. Mandatory Arbitration
Any dispute or
claim between Customer and Bell Oceanic Communication inc arising out of or
relating to the Service or Device provided in connection with this
Agreement shall be resolved by arbitration before a single arbitrator
administered by the American Arbitration Association in accordance with
its Commercial Arbitration Rules. Judgment on the award rendered by the
arbitrators may be entered in any court having jurisdiction thereof. All
claims shall be arbitrated individually and Customer will not bring, or
join a punitive or certified class action to arbitration or seek to
consolidate or bring previously consolidated claims in arbitration. The
arbitrator shall have no authority to award punitive damages. Customer
acknowledges that this arbitration provision constitutes a waiver of any
right to a jury trial.
B. Cost of Arbitration
All administrative fees and expenses of an arbitration initially will be
divided evenly between Customer and Bell Oceanic Communication inc In all
arbitrations, each Party will bear the expense of its own counsel,
experts, witnesses and preparation of evidence in arbitration. The
prevailing Party shall be awarded all attorneys' fees and costsattendant
to each arbitration proceeding. The decision of the Arbitrator shall be
final.
The location of arbitration shall be Florida, unless otherwise agreed to by both Parties in writing.
A. Signing Authority
Customer acknowledges that the Customer is of legal age, has received a true copy of this Agreement and has read and clearly understands the terms of this Agreement.
B. Privacy
Notices to Customer shall be sent to the email address on file for Customer at Bell Oceanic Communication inc and will be considered given on the date sent by Bell Oceanic Communication inc Customer is responsible for notifying Bell Oceanic Communication inc of any changes to its email address. Notices to Bell Oceanic Communication inc shall be considered given when received by Bell Oceanic Communication inc at care@virtualphoneline.com