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Vox Tandem Legal

Legal


Vox Tandem Terms of Service and Policies can be found below

Terms of Service

These Terms of Service for Vox Tandem LLC (“Vox Tandem”) (this “Agreement”) is a legal agreement between you (“Customer” or “you”) and Vox Tandem regarding the Vox Tandem Services (“Services”). The Services include the systems (including hardware, software and equipment) by which Vox Tandem provides its VoIP services to Customer and other Vox Tandem users. Your use of the Services constitutes your agreement to the terms of this Agreement and Vox Tandem’s Acceptable Use Policy, and you acknowledge that Vox Tandem would not agree to provide the Services without that assent.

You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized payment method on file with Vox Tandem. You understand that you must obtain your own Internet connection in order to use the Services. We do not control your Internet access or the quality of your Internet connection. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR PROBLEMS IN THE SERVICES CAUSED BY YOUR INTERNET CONNECTION OR THIRD PARTY PRODUCTS OR SERVICES.

Additional Vox Tandem Services can be purchased by users you designate as administrators through the Vox Tandem user interface or portal or by calling Vox Tandem Customer Support. You hereby authorize those users with administrative privileges to (i) add these Services to your Vox Tandem account and (ii) commit you to pay for these Services in accordance with the terms of your order and this Agreement. You further authorize Vox Tandem to obtain payment of your then-current statement balance from you each month from your credit card account.

You may designate one or more users to be an account administrator (“Administrator”) with full administrative control of your account from the Vox Tandem user interface or portal. Upon creation of your account, the individual assigned to be the Administrator is the individual who entered into an agreement with Vox Tandem through our online sign-up process or, if the agreement was not entered into online, the individual whose name is identified on your order form. The Administrator: (i) can make any changes to the account (e.g., service additions, service deletions, assignment of users, account cancellations, updates to credit cards, etc.); and (ii) is the authorized individual on your account with respect to porting of your telephone numbers to a carrier other than Vox Tandem. The Administrator may assign one or more additional administrators on the account and may re-assign “Administrator” status to another user. In the event that you wish to re-assign the Administrator designation on your account and the Administrator is unable to make the change, you must submit an email from the Administrator’s email address that is on file with Vox Tandem or otherwise provide a written request via facsimile, on your letterhead and executed by an officer or owner of the company that you represent.

If you want Vox Tandem to provide information on your account relating to a customer service record or call log details (other than through any available user interface), such request may be made by the Administrator, but information provided by Vox Tandem will only be transmitted to the email address on file for the Administrator. The Administrator may designate one or more “Company Contacts” for the account. The Company Contact is the individual(s) who will receive all messages from Vox Tandem concerning matters of general relevance to the account (notices of updates to the account, billing notices, maintenance alerts, etc.); such notices are typically provided through email. Vox Tandem will initially assign the Administrator to be the Company Contact. A Company Contact may or may not be the Administrator for the account.

Vox Tandem may adjust the components comprising a specific plan at any time. Vox Tandem reserves the right, from time to time, to change the terms and modify service plans and features, provided that such changes are consistently applied in a manner and degree to similarly situated customers. Vox Tandem will use commercially reasonable efforts to provide thirty days’ notice of such proposed changes. Vox Tandem also reserves the right to increase pricing when there are government sourced or regulated changes applicable to VoIP providers, which increase the cost of VoIP services, and to include/exclude certain international calling destinations at any time based on its commercial or legal judgment. All pricing is exclusive of taxes, fees, and other government charges.

Service Pricing and Changes

Customer agrees to pay Vox Tandem the rates, fees and other service charges agreed to in the parties’ Service Agreement, or as otherwise posted in your user portal, in accordance with the payment and billing terms more fully described below. In addition to all applicable usage-based (e.g., per-minute, per-call, per-text, per-number, and per-port charges), recurring, and one-time charges, Customer agrees to pay all applicable customs duties, sales, use, import or export, value added, excise, federal, state, local, public utility, universal service or other similar taxes and fees.

Unless the parties have a separately executed agreement to the contrary, you understand and agree that Vox Tandem can prospectively change the rates and charges for its Services, and you agree to pay the then-applicable rates and charges for the Services you use in accordance with this Agreement. Vox Tandem will publish applicable rates and rate changes via your portal, by emailing rate decks to your Company Contact email address, or through other commercially reasonable means. Vox Tandem will use commercially reasonable means to provide you with prior notice of any rate changes, but Customer acknowledges and agrees that it is responsible to review the then-applicable rates before using any Vox Tandem Service, and to pay all then-applicable fees and charges based on your usage of the Services.

Vox Tandem reserves the right to change any of the other non-price terms of these Terms of Service, but only on a prospective basis after providing notice to you. Vox Tandem will provide Customer thirty days’ advance notice of any such changes that would have a materially adverse effect on you, and post the revised Terms on its website. Changes will become effective on the next business day following the 30-day notice period and, unless Customer has objected to any changes by delivering written notice to Vox Tandem, Customer agrees to be bound by any changes after such 30-day notice period. Customer is solely responsible for checking the Vox Tandem website regularly and keeping its contact information current.

Billing and Payment

Vox Tandem is principally a prepaid service. Customer hereby authorizes Service Provider to apply all applicable charges and fees incurred under this Agreement to the credit card Customer associates with this Agreement. Prepaid service requires the Customer’s account to have sufficient funds at all times. All Services will be subject to immediate suspension without further notice at any time the account does not have sufficient funds.

At the inception of Service, Customer agrees to deposit a fixed amount into its Vox Tandem account to establish its initial prepaid value. Thereafter, as Customer’s use of the Services depletes its initial value through applicable Fees to the low-balance threshold (the default of which is $100.00), Customer agrees that its credit card may be charged to restore its account value above the low-balance threshold to a top-up value that Customer can define in the user interface.

Except for usage-based fees, all fees are due in advance on the first day of each billing period. Fees may include monthly recurring charges (“Service Fees”), and other non-recurring charges including, but not limited to, activation fees, porting fees, early termination fees, regulatory compliance fees (“Regulatory Recovery Fees”) and government-mandated pass through fees such as, but not limited to, Universal Service Fund fees (“USF”) and e911 fees (“Fees”). All usage-based charges, Fees and any other non-recurring charges are due and payable in arrears on the first day of each billing period following the month they were incurred. Customer agrees to pay for all equipment and set-up fees at the time Services are ordered. All payments, including payments paid in advance, are non-refundable.

Failure to pay in full will result in immediate account suspension and Vox Tandem shall have no liability for such suspension. Vox Tandem will assess an additional 1.5% per month (or the highest amount allowed by law, whichever is higher) late charge if your payment is more than thirty (30) days past due. Customer is responsible and liable for any and all fees, including reasonable attorneys’ and collection fees and costs, that Vox Tandem may incur in its efforts to collect any outstanding balances. Customer also agrees to pay any outstanding balances if you cancel the Services. Customer further understands and agrees that Vox Tandem and its agents may use automated telephone dialing equipment or an artificial or prerecorded voice message to contact Customer in connection with this Agreement or Vox Tandem’s Services, and that Vox Tandem may contact Customer at any telephone number Customer provides to Vox Tandem, even if that number is a cellular telephone number.

During any period of suspension for non-payment, Services will be unavailable until the account balance is paid in full. In the event Services are terminated for reason of non-payment or otherwise, Customer understands and agrees that no Services will be provided and its assigned telephone numbers will be reclaimed immediately and no longer available to Customer.

Contract Termination for Convenience

In addition to Service Provider’s right to suspend or terminate Service in accordance with the terms of this Agreement and Service Provider’s Acceptable Use Policy, either party may terminate this Agreement at any time without penalty provided that it sends written notice of such termination to other party at least 30 days prior to the effective date of such termination. Following the effective date of the termination, Customer may request a refund of its Prepaid Balance from Service Provider. Service Provider shall refund any balance held on behalf of Customer within 30 days of the termination, less any amounts due to Service Provider.

Billing Calculations and Increments

Vox Tandem calculates billable call duration from the time we receive the initial “INVITE” packet to the time we receive the final “BYE” packet. All usage is billed in the time increments identified in your user portal and in accordance with the type of traffic at issue, with usage measurement beginning upon the initiation of the first “INVITE” packet.

Automated Dialer Services

“Automated Dialer” traffic is any traffic originated with the aid of an automatic telephone dialing system as that term is defined in 47 U.S.C. Section 227(a) and implementing F.C.C. regulations and orders, calls originated with the aid of a predictive dialer, calls placed to telephone numbers dialed from a pre-established list of telephone numbers, calls that include any artificial or prerecorded voice message, and other machine-generated calls. The Vox Tandem Network is able to route Automated Dialer traffic, but Automated Dialer services are disabled by default. Customer agrees to provide thirty (30) days notice to Vox Tandem if it intends to use Vox Tandem’s Automated Dialer services and provide a reasonable forecast of the volume of minutes of Automated Dialer services it expects to use in the first month of engaging that service. Failure to provide Vox Tandem such notice may result in the immediate suspension of services.

Surcharges for Certain Call Patterns and Practices

If, in any monthly billing cycle, 40% of more of Customer’s Automated Dialer service calls, or 20% or more of Customer’s non-Automated Dialer service calls, are equal to or less than 6 seconds in length (each a “Short Duration Call”), then Customer agrees to pay Vox Tandem a surcharge as prescribed in the Customer portal for each Short Duration Call that exceeds the applicable allowance threshold, in addition to all other charges and fees otherwise due for such Calls.

If, in any monthly billing cycle, 40% of more of Customer’s Automated Dialer service calls, or 25% or more of Customer’s non-Automated Dialer service calls, are “Zero Duration Calls,” then Customer agrees to pay Vox Tandem a surcharge as prescribed in the Customer portal for each Zero Duration Call that exceeds the applicable allowance threshold, in addition to all other charges and fees otherwise due for such Calls. “Zero Duration Calls” are defined as calls that Vox Tandem initiates after receiving Customer’s INVITE packet for the call, but which are of zero (0) seconds in duration, either because the end user has not answered, or has rejected or missed the call, or Customer has otherwise terminated the call before the end user could answer.

If, in any monthly billing cycle, 20% or more of Customer’s completed calls to Vox Tandem’s Toll-Free Service are equal to or less than 60 seconds in length, or if more than 20% of Customer’s total Toll-Free Service call attempts do not complete, then Customer agrees to pay Vox Tandem a surcharge as prescribed in the Customer portal for each such call that exceeds the applicable allowance threshold, in addition to all other charges and fees otherwise due for such calls.

Customer understand and agrees that it is solely responsible for assigning a valid, 10-digit caller identification number associated with each of its outbound calls placed in connection with its use of the Services. Vox Tandem reserves the right, and Customer agrees to pay Vox Tandem, a surcharge as prescribed in the Customer portal for each such outbound call made by Customer for which it has failed to assign a valid, 10-digit caller identification number.

Actual and Fraudulent Use

Customer shall be responsible for the costs incurred by all inbound and outbound call traffic regardless of their source, authorization or scope (“Actual Use”). Should Customer’s equipment be breached by an unauthorized third party, Customer shall be responsible for all costs, fees and other charges associated with the unauthorized traffic.

Customer agrees to bear the risk of loss and assume all liability arising from prohibited, unauthorized or fraudulent usage of Services under your Vox Tandem account. Any such prohibited, unauthorized or fraudulent use by you is a material breach of the Agreement by Customer. Customer is solely responsible for securing all credentials used to access the Services, including credentials used by telephones or softphones and credentials used by end users or administrators, as well as the media access control (MAC) address of telephones used by you or your End Users. You acknowledge that placing telephones on a publicly accessible IP address or a publicly accessible network will subject you and your End Users to a higher level of risk for fraudulent activity. Customer shall not be excused from paying for Services or any portion thereof on the basis that fraudulent usage or calls occurred. If we discover fraudulent usage, you consent to Vox Tandem taking actions it deems reasonably necessary (including blocking access to particular calling numbers or geographic areas), without notice to you, to prevent such usage from taking place. Customer acknowledges and agrees that it is solely responsible for all charges incurred in connection with the use of the Services associated with Customer’s account, whether authorized, unauthorized, fraudulent or otherwise, and that Vox Tandem: (a) has no duty to investigate the authenticity of usage charged to Customer’s account, (b) has no duty to take action to prevent fraudulent usage from occurring in connection with your account, and (c) is not liable for any fraudulent usage billed to Customer’s account.

Suggestions and Custom Development

If Customer makes any suggestions regarding improvements, changes, or new features or functions relating to the Vox Tandem Services (collectively, “Suggestions”), Customer irrevocably assigns to Vox Tandem all right, title, and interest in and to the Suggestions.

If Customer chooses to engage Vox Tandem to develop or create any improvements, changes, or new features or functions relating to the Vox Tandem Services or how Customer uses or integrates the Vox Tandem Services in Customer’s environment (“Custom Work Product”), Customer may do so in writing and, if Vox Tandem accepts in writing, Customer agrees to pay Vox Tandem for the time reasonably incurred in developing that Custom Work Product at Vox Tandem’s hourly development rate of $250/hour. All right, title and interest in and to (a) the Custom Work Product and (b) all works, inventions and other subject matter incorporating, based on, or derived from any Custom Work Product, including all customizations, enhancements, improvements and other modifications thereof, in each case by whomsoever made and including all intellectual property rights therein, are and will remain with Vox Tandem.

E911

The Vox Tandem Network is able to deliver the address, name and phone number of your office to Emergency Services upon dialing 911. Enhanced 911, or E911, service is disabled by default and must be enabled by Vox Tandem Support. Customer agrees to provide thirty (30) days notice to Vox Tandem if it intends to use the Vox Tandem Network for 911.

Emergency Services – 911 Dialing

1. Non-Availability of Traditional 911 or E911 Dialing Service.

At Vox Tandem 911 dialing service operates differently than traditional 911 service. You agree to inform any business invitees, guests, and other third persons who may be present at the physical location where you utilize the Services of the non-availability of traditional 911 or E911 dialing from your Vox Tandem Services and equipment. The physical location where you utilize the Service must be the actual physical street address where your calling equipment—and thus where you would expect emergency personnel to come if you called 911—not a P.O box, mail drop, or similar address.

2 .Description of 911-Type Dialing Capabilities – Activation Required.

Vox Tandem offers 911-type dialing service in certain areas within the U.S. (but may not offer such service in certain areas of the U.S. or non-U.S. locations) that differs from traditional 911 services. When you dial 911 your call is routed from the Vox Tandem network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation. If you make changes to your 911 address using the Vox Tandem online user interface, your call may be routed to a different PSAP or local emergency service personnel, who may ask you to provide your location and other information.

Calls dialed by handset extensions included in your account with Vox Tandem will be routed from the Vox Tandem’s network to the PSAP or local emergency service personnel designated for the address that you listed at the time of activation. In the event that your equipment is used in multiple locations, or in the event that one or more items of equipment are used in multiple locations, end users designated as administrators on your account may, at your option, create additional service locations and associate your equipment to specific locations for the purposes of routing calls to the local PSAPs for such locations. Individual end users may assign and re-assign their current location on an as-needed basis, provided, however, that your system administrator has previously activated that functionality. It is your sole responsibility to make any necessary or appropriate changes and to ensure that all business invitees, household residents, guests and other third persons who may be present at the physical location(s) where you utilize the Services are aware of this option. For any Vox Tandem extensions assigned to a non-US 911 location (subject to applicable local law), calls placed to 911 will be routed to a US-based call center that may not be able to offer local emergency assistance to the caller.

3. Service Outage.

You acknowledge and agree that (a) 911 dialing does not function in the event of a power failure or disruption. If an interruption in the power supply occurs, the Services and 911 dialing will not function until power is restored and you may have to reset or reconfigure equipment prior to utilizing the Services or 911 dialing; (b) service outages or suspension or termination of service by your broadband provider and/or ISP will prevent all Services, including 911 dialing, from functioning; (c) service outages due to suspension of your account as a result of billing issues will prevent all Services, including 911 dialing, from functioning; (d) if there is a service outage for any reason, such outage will prevent all Service, including 911 dialing; and (e) Vox Tandem’s liability is limited for any Services outage and/or inability to dial 911 from your line or to access emergency service personnel.

4. Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911.

You acknowledge and agree that (a) network congestion and/or reduced speed in the routing of a 911 communication made utilizing your equipment may be greater than that experienced when using traditional 911 dialing over traditional public telephone networks; (b) 911 dialing from your equipment will be routed to the general telephone number for the local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider’s facilities when such calls are routed using traditional 911 dialing; and (c) the general telephone number for the local emergency service provider may produce a busy signal or may take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.

5. Automated Number Identification.

Technical limitations may make it impossible for the PSAP and the local emergency personnel to identify your phone number when you dial 911. The local emergency operators answering the call may not see your telephone number or your registered address. The emergency center may not be equipped to receive, capture or retain your telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. Vox Tandem’s system is configured to send the automated number identification information; however, one or more telephone companies that route the traffic to the PSAP, and the PSAP itself, may not be able to receive the information and pass it along. You acknowledge and agree that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if (a) the call is unable to be completed; (b) the call is dropped or disconnected; c) you are unable to speak to tell the dispatcher the location of your phone number and/or (d) the Service is not operational for any reason.

6. Limitation of Liability and Indemnification Related to 911 Services.

Vox Tandem relies on third parties for the forwarding of information underlying such routing. Vox Tandem and its third party provider(s) disclaim any and all liability in the event such forwarded information or routing is incorrect. Vox Tandem and its officers, directors or employees may not be held liable for any claim, damage, loss or other cause of action, and you hereby waive any and all claims, damages, loss or causes of action, arising from or relating to Vox Tandem’s 911 dialing. You further agree to defend, indemnify and hold harmless Vox Tandem, its officers, directors, employees, affiliates, agents and its third party provider(s) from any and all third party claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of, or resulting from (a) your failure to correctly activate 911 calling; (b) your provision to Vox Tandem of incorrect information in connection with your 911 calling or service; (c) misrouted 911 or E911 calls; or (d) the absence, failure or outage of the Services, including 911 dialing and/or inability of any user of your Service to be able to dial 911 or to access emergency service personnel.

Number Porting

Customer agrees to the following:

  1. During the term of this Agreement, Customer grants Vox Tandem and its agents authority to initiate porting requests on its behalf as Vox Tandem determines is reasonably necessary for the provision of the Services. Vox Tandem may place Customer’s phone numbers with a new peer without further notice to Customer, provided however that Vox Tandem will not place Customer’s phone numbers, or otherwise enter into any agreement, with any peer or other person which would directly result in Customer’s loss of its phone numbers.
  2. Vox Tandem, and its agents, are authorized to initiate changes to telephone service and for the purpose of obtaining service records, initiate or terminate ports, or to make changes to the ways in which Customer’s telephone numbers are routed to the extent necessary for the provision of the Services.
  3. Customer agrees to release Vox Tandem from damages of any kind, including, without limitation, direct, consequential and exemplary or punitive damages, in the event that either a terminating or servicing peer or a third party experiences technical difficulties that result in any or all of the following:
    1. Service Interruption
    2. Delays in porting
    3. Delays in service
    4. Lost Telephone Numbers

99.999% Uptime SLA

We understand that a move to the cloud can make businesses wary of not having control over their VoIP services and therefore, not being able to influence up-time and availability of services, so to instill confidence, we offer a 99.999% financially backed up-time guarantee. All customers who utilize Vox Tandem for their organization can sleep soundly at night, safe in the knowledge that we have promised our servers will be available 99.999% of the time. In the case that we do not meet this promise, you will be financially reimbursed with a refund of fees. Our limit of any liability, in any case, for any reason, shall be limited to the refund of any current one month of service, for the instance or server that might be effected.

We define "Downtime" as "any period of time when users are unable to make or receive phone calls via all supported, all approved, and correctly configured Vox Tandem installs and configurations which is calculated using Ping availability tools in minutes where applicable from server, operating system, application, network segments and infrastructure services managed by Vox Tandem".

The 99.999% is calculated as a "Monthly up-time percentage", per individual server or per individual instance, and is calculated purely on an individual basis. If you have 6 servers with us and one misses the up-time target, only the server or instance affected will receive any fee credit, not all the servers or instances. Service credits, for a maximum total equal to one month of fees for any particular instance or server, are the Customer's sole and exclusive financial remedy for any violation of this SLA guarantee. Customers are not able to claim back "costs" incurred or any costs associated with any loss of business.

Exceptions

  • Due to factors outside of our reasonable control - We are not responsible for losses of services due to environmental disaster, security threats, terrorist attacks, acts of war or wide scale geographical power or connectivity outages.
  • Downtime or loss of data as resulted from customer's or third party providers' hardware or software, mis-configuration, use of hardware or configurations not supported by either 3CX (or other software packages), other VoIP software manufacturer, Operating System software manufacturer, or other provider, as well as issues with your local connectivity, local network, local firewall settings or blocking of traffic, etc.
  • Resulted from actions or in-actions of customers or third parties - We do not manufacture operating system software, hosted VoIP software or firmware for any of the software that runs on our platforms. We are simply a hosted network connectivity provider, host service provider and SIP Trunking provider. Operating systems, VoIP platforms, network appliances, VoIP devices, firewalls and other hardware peripherals and appliances need to be updated from time to time and such updates and failures of such devices are mostly outside of out control, and such are not to be held to this SLA.
  • During scheduled downtime - Scheduled Downtime as - i) Downtime within pre-established maintenance windows or (ii) Downtime during major version upgrades to Operating Systems or VoIP software platforms, or virtualization platforms.
  • Upstream provider or storage failures. We will help move your instance for no charges to you. You will receive priority support in these cases for no fee.
  • Data backups are the customers responsibility unless part of a service maintenance agreement. Please make regular off site backups. 3CX is designed to be able to upload backups to various cloud providers and off site storage accounts.
Monthly Uptime % Service Credit
<99.999% 10%
<98% 30%
<96% 50%
<94% 100%

Our SLA offering of services fee credits as a financial remedy for violating the terms of the SLA is limited to the above conditions and terms. Any and all such credits must be applied for by submitting a trouble ticket with a request for service credit and are subject to approval.

International Calling Coverage

Due to the nature of international tariffs, laws, and technical capacities of many international locations, not all international numbers are reachable from the Vox Tandem network. This includes the following examples:

  1. The called number is a part of a military conflict with another party
  2. The called number is under economic sanctions by the United States or United Nations
  3. The called number is in a location where the call completion rates expose Vox Tandem to very high fraud risks
  4. The called number is a satellite phone or cruise ship
  5. The called number is using infrastructure not reachable from the United States
  6. Other similar examples not listed here

Reverse Engineering and Use Restrictions

The Vox Tandem infrastructure is a collection of Data Centers, Public Cloud Providers and other third party services and connections that collectively provides high availability for VoIP Services. This Infrastructure is highly confidential and proprietary to Vox Tandem. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer agrees to not (i) reverse engineer, decompile, disassemble or otherwise attempt to derive techniques, processes, algorithms, know-how or other information from the Services or permit or induce another to attempt or perform the foregoing; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; or (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Confidentiality

Apart from publicly available terms and conditions, Vox Tandem and Customer agree that the rates, fees, and other charges offered, charged, and/or paid under this Agreement; Vox Tandem’s network, software and service delivery platform; Customer’s usage under this Agreement; and any other non-public information and data exchanged between the parties under this Agreement are confidential and proprietary. The parties agree that such confidential information will not be disclosed, either directly or indirectly, by any means, to any third person(s) without the prior express written permission of the other party during the term of this Agreement or at any time during the 3-year period following the end of the term.

You will take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of Vox Tandem’s confidential information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature, and further agree to solely use Vox Tandem’s confidential information in connection with your use of Vox Tandem’s Services and your performance of this Agreement.

In the event disclosure is mandated by court order, subpoena, a governmental authority, or under law, the party who receives such demand must give prompt written notice to the other party prior to any such disclosure and cooperate fully in obtaining any protective order or other form of confidentiality protection.

All information that Vox Tandem collects about your use of Vox Tandem’s website, its online user portal, and its Services are subject to our website Privacy Policy. By using Vox Tandem’s website, its online user portal, and/or its Services, you consent to all actions taken by Vox Tandem with respect to your information in compliance with the Vox Tandem Privacy Policy.

Arbitration

The parties agree that Vox Tandem may bring suit in court to enjoin infringement or other misuse of its intellectual property rights. With that sole exception, any controversies or disputes between the parties, whether arising out of or relating to this Agreement or otherwise, shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such the selection of an arbitrator, each party agrees to submit the selection of an arbitrator to the rules of the AAA. Arbitration shall take place in or near Vancouver, Washington. The rules of discovery under the State of Washington shall apply. The Arbitrator shall be bound by the laws of the State of Washington in her or his ruling. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be enforced in any competent court of law.

Waiver of Jury Trial

The parties understand and agree that they are waiving their right to a trial by jury in light of their agreement to arbitrate any disputes between them. But if, for any reason, a claim proceeds in court rather than in arbitration, the parties agree to waive any right to a jury trial.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT OR FOR LIABILITY DIRECTLY CAUSED BY VOX TANDEM’S RECKLESS OR INTENTIONAL MISCONDUCT , VOX TANDEM WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, DATA, OR PATENT INFRINGEMENT OR VIOLATION OF ANY OTHER INTELLECTUAL PROPERTY RIGHT, EVEN IF CUSTOMER CLAIMS TO HOLD SUCH RIGHTS), EVEN IF VOX TANDEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, BY ENTERING INTO THIS AGREEMENT YOU AGREE THAT VOX TANDEM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES, (II) ANY CLAIM, DEMAND OR SUIT BY CUSTOMER ALLEGING THAT THE VOX TANDEM SERVICES, IN WHOLE OR IN PART, INFRINGE OR OTHERWISE VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT IN WHICH YOU CLAIM AN INTEREST (III) VOX TANDEM’S DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (IV) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA OR OTHER DATA.

VOX TANDEM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR VOX TANDEM’S SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT OR OTHERWISE, WILL NOT EXCEED THE TOTAL OF THE AMOUNT YOU ACTUALLY PAID VOX TANDEM UNDER THIS AGREEMENT IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PARTIES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION, AND THAT THESE PROVISIONS REFLECT AN ALLOCATION OF THE RISK BETWEEN THE PARTIES AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE PARTIES’ BARGAIN.

Warranty

EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HEREIN: VOX TANDEM DOES NOT WARRANT THE SERVICES HEREUNDER OR THE ACCURACY OR CORRECTNESS OF THE RESULTS OF THE SERVICES, AND VOX TANDEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF: (1) MERCHANTABILITY, (2) FITNESS FOR PARTICULAR PURPOSE, (3) EFFORT TO ACHIEVE PURPOSE, (4) QUALITY, (5) ACCURACY, (6) NON-INFRINGEMENT, (7) TITLE, (8) MARKETABILITY, (9) PROFITABILITY, (10) SUITABILITY, AND OR (11) ANY TYPE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. THE VOX TANDEM SERVICES AND ANY MATERIALS, SOFTWARE, OR EQUIPMENT ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

YOU HEREBY AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND VOX TANDEM, ITS OFFICERS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, FINES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM RELATING TO YOUR USE OF THE VOX TANDEM SERVICES OR YOUR BREACH OF THIS AGREEMENT, INCLUDING ANY CLAIM THAT YOU HAVE VIOLATED ANY TERM OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING SECTION (“COMPLIANCE WITH LAWS”).

Compliance with Laws and Prohibited Use

You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights and restrictions concerning call recording, call monitoring, call interception and/or direct marketing or telemarketing. Vox Tandem may provide you with guidelines regarding compliance with applicable regulation(s); however, you are solely responsible for ensuring that your use of the Services is in compliance with such regulations. You may only use the Services for your own use. You may not use the Services in any way to provide, or as part of, any commercial service or application or in any way interfere with the users, services or equipment of the network. In addition to any other remedies available in equity or law to Vox Tandem, failure to comply with any of the terms and conditions in this Section shall result in immediate termination of the Services.

Any use of the Services or any other action in violation of this Section or that causes a disruption in the Vox Tandem network integrity, or in Vox Tandem’s determination threatens or compromises the security of Vox Tandem, its vendors, its other customers or the Services whether directly or indirectly, is strictly prohibited and permits Vox Tandem to suspend or terminate the Services without prior notice at the sole discretion of Vox Tandem and further permits Vox Tandem to disclose any information, including Customer’s confidential information, to necessary authorities or third parties. Vox Tandem shall have the right, in its sole, but reasonably exercised discretion, not to accept, transmit or deliver any messages or content that it reasonably believes contains inappropriate content or that is, or could reasonably become, the subject of any legal, regulatory, or other governmental proceeding or process, including a law enforcement proceeding, process, or inquiry. Any use found to be inconsistent with the restrictions of this Section may result in termination of the Services without prejudice to any other Vox Tandem rights or remedies.

Governing Law

This Agreement shall be construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict-of-laws provision.

Correspondence

During the course of the Agreement, Customer may make service requests of Vox Tandem via e-mail, ticket submission, or phone call. The parties further agree that Customer may make certain changes to the Services it subscribes to via Vox Tandem’s user interface, including the addition or deletion of users and the addition or deletion of telephone numbers.

Entire Agreement

This Agreement, together with the parties’ Service Agreement and any attachments and addenda thereto, contains the entire agreement between the parties, and there are no other oral promises or conditions with respect to the parties. This agreement supersedes any other written or oral agreements between the parties.

Severability

If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.

Waiver

The failure of either party to enforce a provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to enforce those provisions in the future.

Survivability

All Provisions that logically ought to survive termination of this Agreement shall survive, including, without limitation, the sections relating to confidentiality, arbitration, indemnification, and limitations of liability.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, open a support ticket or enter information on our site, and provide us with feedback on our products or services.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To quickly process your transactions.
  • To send periodic emails regarding your order or other products and services.
  • To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

For your convenience, we may store your credit card information kept for more than 60 days in order to expedite future orders, and to automate the billing process.

Do we use 'cookies'?

We do not use cookies for tracking purposes.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

Third-party links

We do not include or offer third-party products or services on our website.

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

  • Via Email

Can change your personal information:

  • By logging in to your account


How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It's also important to note that we do not allow third-party behavioral tracking.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

  • Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can:

  • Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Vox Tandem, LLC
30 North Gould St, Suite 5569
Sheridan, WY 82801
United States
support@voxtandem.com
9206630303


Last Edited on 2018-04-02

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes actions that Vox Tandem prohibits when any party uses its Services. By ordering or using Vox Tandem’s Services, you, the Customer or Service Recipient, agree to the terms of this AUP. Each Customer must review and comply with this AUP and all applicable laws, but this AUP is not intended to be interpreted as, relied upon, or used as a substitute for legal advice or considered to be an exhaustive list of all laws and regulations applicable to your use of Vox Tandem’s Services. There may also be other state and foreign laws that apply to your use of Vox Tandem’s Services. You agree not to use, and not to encourage or allow any End User to use, Vox Tandem’s Services in prohibited manners, including but not limited to the following:

  • Using the Services to engage in or encourage any illegal, abusive, or other activities that interfere with the business or activities of Vox Tandem or any third party.
  • Attempting to bypass or disable any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk.
  • Reverse-engineering the Services for any improper purpose.
  • Using the Services in any manner that may subject Vox Tandem or any third party to liability, damages, or danger.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
  • Transmitting any material that contains viruses, trojan horses, worms or any other malicious or harmful programs.
  • Engaging in any unsolicited advertising, marketing or other activities that violate applicable marketing laws and regulations, including, without limitation, the Telephone Consumer Protection Act, the CAN-SPAM Act of 2003, the implementing rules and regulations of the Federal Communications Commission or the Federal Trade Commission and comparable state laws.
  • Using the Services in connection with any unsolicited or harassing calls or messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes, including calls or text messages to telephone numbers who have not given the requisite consent, or who have revoked their consent, to be called or sent messages by you.
  • Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, unless you have signed a Business Associate Agreement with Vox Tandem or your use of the Services fits within an exception for requiring a Business Associate Agreement.
  • Using the Services to engage in, or in connection with, fraudulent activity.
  • Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
  • Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
  • Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
  • Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call, including failing to comply with the Truth in Caller Identification Act and implementing regulations.
  • Using the Services, or any component of the Services, in any manner not authorized by Vox Tandem.

You understand and agree that this list of prohibited uses is meant to be illustrative and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Vox Tandem in its sole, reasonable discretion. Vox Tandem reserves the right to change or modify the terms of the AUP at any time, effective immediately when posted to the Vox Tandem website. Customer’s use of the Vox Tandem Services after changes to the AUP are posted to the Vox Tandem website shall constitute acceptance of any changed or additional terms. If you have a complaint about abuse or a breach of this AUP please contact a Vox Tandem representative.

Emergency 911 Policy

REQUESTING EMERGENCY SERVICES. VOX TANDEM TERMS OF SERVICE

Welcome to VOX TANDEM Broadband Phone Service.
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF VOX TANDEM BROADBAND PHONE SERVICE. YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFO REGARDING YOUR RIGHTS AND OURS. PLEASE NOTE: VOX TANDEM DOES NOT PROVIDE TRADITIONAL 911 SERVICES. YOU MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES

  1. 911 SERVICE & LIMITATIONS
    1. PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY.
      1. 911 BACKGROUND: IN THE UNITED STATES, EMERGENCY SERVICE IS PROVIDED BY DIALING THE DIGITS “911.” WITH BASIC 911 SERVICE, WHEN YOU DIAL 911, LOCAL EMERGENCY OPERATORS ANSWERING THE CALL WILL NOT HAVE YOUR CALL BACK NUMBER OR YOUR EXACT LOCATION, SO YOU MUST BE PREPARED TO GIVE THEM THIS INFORMATION. UNTIL YOU GIVE THE OPERATOR YOUR PHONE NUMBER, HE/SHE MAY NOT BE ABLE TO CALL YOU BACK OR DISPATCH HELP IF THE CALL IS NOT COMPLETED OR IS NOT FORWARDED, IS DROPPED OR DISCONNECTED, OR IF YOU ARE UNABLE TO SPEAK. WITH ENHANCED 911 (E911) SERVICE, WHEN YOU DIAL 911, YOUR TELEPHONE NUMBER AND REGISTERED ADDRESS IS SIMULTANEOUSLY SENT TO THE LOCAL EMERGENCY CENTER ASSIGNED TO YOUR LOCATION, AND EMERGENCY OPERATORS HAVE ACCESS TO THE INFORMATION THEY NEED TO SEND HELP AND CALL YOU BACK IF NECESSARY. CERTAIN CUSTOMERS DO NOT HAVE ACCESS TO EITHER BASIC 911 OR E911 BECAUSE THERE ARE NO LOCAL EMERGENCY CENTERS IN THEIR AREA OR THEY DID NOT REGISTER FOR AN E911 SERVICE ADDRESS. 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.

        EXAMPLES OF SITUATIONS WHERE 911 CALLS WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER INCLUDE WHEN THERE IS A PROBLEM VALIDATING A CUSTOMER'S ADDRESS DURING 911 ADDRESS REGISTRATION, OR THE CUSTOMER IS LOCATED IN AN AREA THAT IS NOT COVERED BY THE LANDLINE 911 NETWORK.

        EMERGENCY PERSONNEL DO NOT RECEIVE YOUR PHONE NUMBER OR PHYSICAL LOCATION WHEN YOUR 911 CALL IS ROUTED TO A NATIONAL EMERGENCY CALL CENTER. THEREFORE, YOU MUST BE PREPARED TO GIVE THE OPERATOR YOUR PHONE NUMBER AND LOCATION AND ANY OTHER INFORMATION THAT THE OPERATOR MIGHT REQUEST. BY SIGNING UP FOR VOX TANDEM’S VOIP SERVICE YOU AUTHORIZE 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.

    2. VOX TANDEM’S E911 SERVICE IS DIFFERENT THAN TRADITIONAL 911 LAND LINE SERVICE. CONSEQUENTLY, YOU MUST BE AWARE OF THE FOLLOWING:

      YOU MUST REGISTER YOUR LOCATION: FOR EACH PHONE LINE THAT YOU UTILIZE WITH VOX TANDEM’S VOIP SERVICE, YOU WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION (“REGISTERED LOCATION”) OF YOUR EQUIPMENT (E.G., SIP PHONE, PHONE ADAPTER, ETC.) WITH VOX TANDEM, EITHER ON VOX TANDEM’S WEBSITE OR BY CALLING CUSTOMER SERVICE. YOU MUST REMEMBER TO UPDATE THE REGISTERED LOCATION WHENEVER THE PHYSICAL LOCATION CHANGES. VOX TANDEM’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE REGISTERED LOCATION FOR THE ACCOUNT. ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY VOX TANDEM WILL BE BASED UPON THE REGISTERED LOCATION PROVIDED TO VOX TANDEM BY YOU. FOR PURPOSES OF 911 DIALING, YOU MAY ONLY REGISTER ONE REGISTERED LOCATION AT A TIME FOR EACH PHONE LINE.

      You acknowledge and understand that your failure to provide the current and correct physical address and location of your Equipment as the Service Address will result in any emergency calls you make being routed to the incorrect local emergency service provider. During the ordering process, you will provide VOX TANDEM the physical address where you will use your Service. When you dial 911 with VOX TANDEM, 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 VOX TANDEM. 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.

      1. YOUR E911 SERVICE WITH VOX TANDEM WILL NOT BE AVAILABLE UNDER THE FOLLOWING CIRCUMSTANCES:

        (1) RELOCATION OF YOUR VOIP EQUIPMENT: IF YOU RELOCATE THE EQUIPMENT THAT YOU USE TO ACCESS VOX TANDEM’S VOIP SERVICE, YOU MUST UPDATE YOUR REGISTERED LOCATION. IF YOU DO NOT UPDATE YOUR REGISTERED LOCATION, ANY 911 CALL YOU MAKE USING VOX TANDEMS’S VOIP SERVICE WILL BE ROUTED BASED ON YOUR PREVIOUSLY PROVIDED REGISTERED LOCATION AND THEREFORE MAY NOT BE ROUTED TO THE APPROPRIATE PUBLIC SAFETY ANSWERING POINT FOR YOUR CURRENT LOCATION. ONCE YOU NOTIFY VOX TANDEM OF A CHANGE IN YOUR REGISTERED LOCATION, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAILABLE TO PROPERLY ROUTE 911 CALLS AND TO ADVISE EMERGNCY PERSONNEL OF YOUR REGISTERED LOCATION.

        (2) RE-REGISTRATION REQUIRED IF YOU CHANGE YOUR NUMBER OR ADD OR PORT NEW NUMBERS: YOUR VOX TANDEM VOIP 911 SERVICE WILL NOT FUNCTION IF YOU CHANGE YOUR PHONE NUMBER OR IF YOU ADD OR PORT NEW PHONE NUMBERS TO YOUR ACCOUNT, UNLESS AND UNTIL YOU SUCCESSFULLY REGISTER YOUR LOCATION OF USE FOR EACH CHANGED, NEWLY ADDED OR NEWLY PORTED PHONE NUMBER AND RECEIVE CONFIRMATION FROM VOX TANDEM.

        (3) INTERNET CONNECTION FAILURE: IF THERE IS AN INTERRUPTION OF YOUR BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE, YOU WILL NOT HAVE ACCESS TO VOX TANDEM’S VOIP SERVICE DURING THAT INTERRUPTION AND THEREFORE WILL NOT HAVE ACCESS TO 911 SERVICE DURING THAT INTERRUPTION. IN ADDITION, SINCE THE SERVICE IS DEPENDENT ON THE BROADBAND CONNECTION, THE AVAILABILITY OF AN ADEQUATE POWER SUPPLY AND CORRECT EQUIPTMENT CONFIGURATION, VOX TANDEM DOES NOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. VOX TANDEM WILL NOT OFFER CREDITS FOR SERVICE FAILURES DUE TO POWER OUTAGES OR DISRUPTIONS IN YOUR BROADBAND CONNECTION.

        (4) EQUIPMENT FAILURE AND MISCONFIGURATION

        VOX TANDEM’S VOIP SERVICE WILL NOT FUNCTION 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 EITHER BY VOX TANDEM, THE CUSTOMER AND/OR ANY OF OUR VENDORS.

        VOX TANDEM DOES NOT AND CANNOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. YOU ACKNOWLEDGE AND UNDERSTAND THAT A FAILURE OF EQUIPMENT CAN OCCUR AND IT IS YOUR SOLE RESPONSIBILITY TO RETAIN ALTERNATIVE MEANS OF COMMUNICATION.

        (5) LOSS OF ELECTRICAL POWER: VOX TANDEM’S VOIP SERVICE WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER AND YOU WILL NOT HAVE PHONE SERVICE OR 911 SERVICE DURING ANY POWER OUTAGE.

        (6) NON-VOICE SYSTEMS: VOX TANDEM’S VOIP SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS AND MEDICAL MONITORING EQUIPMENT. BY SIGNING UP FOR VOX TANDEM’S VOIP SERVICE YOU WAIVE ALL CLAIMS AGAINST VOX TANDEM FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY VOX TANDEM’S VOIP SERVICE.

        (7) CALLS OUTSIDE THE U.S.: IF YOU MOVE YOUR VOX TANDEM VOIP SERVICE EQUIPMENT OUTSIDE OF THE UNITED STATES, YOUR 911 SERVICE WILL NOT WORK. CHECK THE EMERGENCY CALLING PROCEDURES FOR THE COUNTRY WHERE YOU ARE LOCATED TO DETERMINE THE CORRECT EMERGENCY CALLING PROCEDURES.

        (8) TERMINATION OF SERVICE: 911 SERVICE WILL NOT BE AVAILABLE IF YOUR SERVICE HAS BEEN CANCELLED OR TERMINATED BY YOU OR BY VOX TANDEM. You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent ALL Service, including the limited emergency response service.

        (9) NETWORK CONGESTION AND/OR REDUCED SPEED FOR ROUTING EMERGENCY CALLS: You acknowledge and understand that calls made using the limited emergency response service of VOX TANDEM may be subject to network congestion and/or reduced routing speed and the call may fail.

        (10) OTHER LIMITATIONS: THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING VOX TANDEM VOIP SERVICE’S E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE VOX TANDEM VOIP SERVICE E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE VOX TANDEM NETWORK, THERE IS A POSSIBILITY THAT A VOX TANDEM 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL TELEPHONE NETWORKS. IN ADDITION, A LOCAL OR NATIONAL DISASTER AND SUBSEQUENT SPIKE IN THE NUMBER OF CALLS MAY RESULT IN LONG CONNECTION TIMES, BUSY SIGNALS OR FAILURES TO CONNECT.

      2. YOU MUST NOTIFY ALL USERS OF THESE LIMITATIONS: YOU MUST INFORM ALL POTENTIAL USERS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE VOX TANDEM’S VOIP SERVICE OF THE IMPORTANT DIFFERENCES IN AND LIMITATIONS OF VOX TANDEM’S VOIP 911 DIALING AS COMPARED WITH E911 PROVIDED BY TRADITIONAL LANDLINE TELEPHONE SERVICE.
      3. ALTERNATIVE ARRANGEMENTS: BY SIGNING UP FOR VOX TANDEM’S VOIP SERVICE YOU UNDERSTAND THAT IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF VOX TANDEM’S 911 SERVICE, THAT YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICE. IN ORDER TO ENSURE THAT YOU HAVE ACCESS TO EMERGENCY SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT IT IS YOUR SOLE RESPONSIBILITY TO PURCHASE, FROM A THIRD-PARTY SEPARATELY FROM VOX TANDEM, TRADITIONAL WIRELESS OR LANDLINE TELEPHONE SERVICE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS. IF THE SERVICE IS USED IN A HOME OFFICE ENVIRONMENT, IT IS NOT INTENDED TO BE USED FOR PERSONAL, RESIDENTIAL, NONBUSINESS OR NONPROFESSIONAL COMMERCIAL USE. A HOME OFFICE USER MUST PROVIDE ALTERNATIVE ARRANGEMENTS FOR RESIDENTIAL EMERGENCY CALLS.

      YOU HEREBY ACKNOWLEDGE:

      (1) VOX TANDEM DOES NOT SUPPORT TRADITIONAL 911 AND E911 ACCESS TO EMERGENCY SERVICES. The limited emergency response service accessible by VOX TANDEM differs in a number of important ways from traditional emergency response services as further explained below. You agree to inform any potential users and other third persons who may be present at the physical location where the Service is utilized (whether home or office) as to the important limitations on emergency response service.

      (2) THE EMERGENCY RESPONSE SERVICE WILL NOT RECEIVE AUTOMATED NUMBER AND LOCATION IDENTIFICATION. You acknowledge and understand that when you call 911 using the Service, the local emergency personnel receiving your call will not be able to identify your phone number or the physical address from which you are calling. You will need to state the nature of your emergency promptly and clearly, including your telephone number and location. You acknowledge and understand that the individual answering the call may not be able to call you back or find your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to tell them 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.

      (3) EMERGENCY CALLS FROM A LOCATION OTHER THAN YOUR SERVICE ADDRESS MAY NOT BE DIRECTED CORRECTLY TO A LOCAL EMERGENCY SERVICE PROVIDER. You acknowledge and understand that if you use your Equipment and the Service to call 911 from a location other than the Service Address that you have registered with VOX TANDEM (e.g., if you move or use the Service while you are traveling), 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. The provider to whom any such 911 calls are routed will be unable to transfer the call to a local emergency service provider in the area from which you are calling.

    3. DISCLAIMER OF LIABILITY AND INDEMNIFICATION: YOU ACKNOWLEDGE AND UNDERSTAND THAT VOX TANDEM WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING VOX TANDEM OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH ABOVE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VOX TANDEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS WHO FURNISH SERVICES TO YOU IN CONNECTION WITH VOX TANDEM’S VOIP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. IN ADDITION, VOX TANDEM DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS USING VOX TANDEM’S 911 SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER. VOX TANDEM DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. VOX TANDEM RELIES ON THIRD PARTIES TO ASSIST US IN ROUTING 911 SERVICE CALLS TO LOCAL EMERGENCY RESPONSE CENTERS AND TO A NATIONAL EMERGENCY CALLING CENTER. VOX TANDEM DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER VOX TANDEM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH VOX TANDEM’S VOIP SERVICE MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE VOX TANDEM 911 SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM VOX TANDEM’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS VOX TANDEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH VOX TANDEM’S VOIP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 SERVICE, INCORRECTLY ROUTED 911 SERVICE CALLS, AND/OR THE INABILITY OF ANY USER OF THE SERVICE TO BE ABLE TO USE 911 SERVICE OR ACCESS EMERGENCY SERVICE PERSONNEL. THESE PROVISIONS SUPPLEMENT AND DO NOT LIMIT THE INDEMNIFICATION AND LIMITATION OF LIABILITY PROVISIONS CONTAINED IN VOX TANDEM’S TERMS AND CONDITIONS.
    4. BY CLICKING BELOW YOU AFFIRM THAT YOU HAVE RECEIVED AND UNDERSTOOD THE ADVISORY ABOVE REGARDING THE LIMITATIONS OF VOX TANDEM’S 911 SERVICE AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS AND FURTHER ACKNOWLEDGE AND ACCEPT THAT VOX TANDEM’S VOIP SERVICE MAY NOT SUPPORT OR PROVIDE EMERGENCY SERVICE AT ALL TIMES.

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