PLEASE REVIEW THESE TOS CAREFULLY. ONCE ACCEPTED, THESE TOS BECOME A BINDING LEGAL AGREEMENT BETWEEN YOU AND PROVIDER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TOS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTON AND YOU SHOULD NOT USE THE SERVICE.
Add-on: Additional features, functionality, and services offered by an Add-on Partner.
Add-on Partner: Third-Party service providers of Provider offering Add-ons.
Affiliates: Any entity or person in which Provider owns more than 25 percent of all outstanding shares (or other similar interests) entitled to vote and any entity or person under common control with Provider. “Control” for these purposes means the ownership of more than 50 percent of all outstanding shares (or other similar interests) entitled to vote.
Applicable Date of Unused Balance: The date on which Customer Account Balance is determined for purposes of these TOS. For example, if Customer wants to terminate the Services under the TOS on January 15, the Applicable Date of Unused Balance will be January 15.
Balance: Funds remaining in Customer Account, accessible through Customer Account dashboard.
Customer: Means any user of Services under these TOS, including direct customers of Provider, Resellers, and customers of Resellers. Any references to “you” are to Customer.
Customer Account: A personal dashboard where all the critical data regarding Customer is kept, including the standard data, such as name, order data, order and transaction history, billing information, interaction information, credit information, and other information relevant to the Services under these TOS.
Customer Account Balance: Virtual Customer Account that is used to pay for the Services under these TOS. Also can be referred to as an Account Balance
Customer Application: Successfully submitted by Customer and received by Provider a request by Customer to receive Services from Provider.
Fones 2 Go: Direct Inward Dialing, refers to a feature offered by communications companies for use with their customers’ PBX system, whereby a range of telephone numbers associated with one or more phone lines is allocated to Customers. Fones 2 Go allows a company to assign personal number (Fones 2 Go number), without requiring a separate physical phone line, for each, to connect to the PBX.
Fones 2 Go (number) Owner: The owner of a Fones 2 Go number.
Fones 2 Go Vendor: Refers to a distributor of Fones 2 Go numbers.
E164 Format: Refers to international telephone numbering plan that ensures proper routing of numbers between different countries. This is what allows phone calls and text messages being correctly routed to individual phones in different countries. E.164 numbers are formatted [+] [country code] [subscriber number including area code] and can have a maximum of fifteen digits.
Exchange Platform: Secure VoIP trading platform where customers can sell, exchange or purchase new, unused or used Fones 2 Go's.
Inbound CLI: Refers to Inbound Calling Line Identity, a method of identifying a business or an individual by their number of origin and, in some cases, the name of the person or organization that is associated with the number when placing inbound calls.
Inbound Routes: The mechanism used to tell relevant PBX where to route inbound calls based on the phone number or Fones 2 Go dialed.
IPPBX: A system that connects telephone extensions to PSTN and provides internal communication for a business. An IP PBX is a PBX system with IP connectivity and may provide additional audio, video, or instant messaging communication utilizing the TCP/IP protocol stack.
ITSP: Fones 2 Go. The Internet Telephony Service Provider that offers digital telecommunications services based on VoIP that are provisioned via Internet.
Licensor: Provider or Customer, as the case may be, licensing their Licensor Mark under these TOS.
Licensee: Provider or Customer, as the case may be, using Marks under these TOS.
Marks: A name and logo of Customer or Provider, as applicable.
Minimum Monthly Commitment: Minimum monthly payment required to be made by Customer to be eligible to receive Services under these TOS. The Minimum Monthly Commitment is linked to the account level that Customer wants to have with Provider under these TOS.
Monthly Usage: Monthly use of Services by Customer under these TOS.
NPA-NXX Rate Deck: The North American Numbering Plan (NANP) which governs the management of telephone numbers for the PSTNs in North America (Canada, USA, Caribbean, and territories) within the international country code prefix ‘+1’. North American phone numbers are in the format (where N is any digit from 2-9, and X from 0-9): NPA-NXX-XXXX. Specifically: NPA identifies the 3-digit Numbering Plan Area (Area Code), NXX identifies the Central Office (also known as Exchange) within the NPA and XXXX identifies the Station within the NXX. The rate deck is a spreadsheet of the costs for each number broken down by location.
Parties: Customer and Provider.
PayPal: PayPal Holdings, Inc. - the company operating a worldwide online payments system (http://www.paypal.com).
PBX System: Private Branch Exchange - a private telephone network used within a company or organization. PBXs offer key voice features that companies need to run daily operations. Such features include: extension dialing, business hour settings to route calls off hours, customer waiting queues, music on hold, and call conferencing that are often not available on residential telephone or cell phone services.
Provider: Refers to Fones 2 Go Limited, a Hong Kong limited company with its principal place of business at: Office 7D, Cheuk Nang Plaza, 250 Hennesy Road, Wanchai, Hong Kong Special Administrative Region. (Hong Kong Special Administrative Region of the People's Republic of China). Provider also refers to Affiliates.
PIN-Based Platform: A calling card platform. In PIN-based platforms, the user must enter a Personal Identification Number (PIN) once system answers the call to the access number. If the authentication of the PIN is successful, the system announces the available balance and prompts the user to enter the destination number.
PSTN: Public Switched Telephone Network - the world’s collection of interconnected voice-oriented public telephone networks, both commercial and government-owned.
Reseller: Refers to a Customer that resells the Services under these TOS to third parties.
Reseller Account: Has the same meaning as Customer Account.
Run-Down Basis: Refers to Customer Account status.
Services: Refers to any services rendered by Provider to Customer under these TOS.
Service Date: Refers to the effective date of the Services under these TOS.
SIP: Session Initiation Protocol - an application-layer control protocol that can establish, modify, and terminate multimedia sessions (conferences). A session is an exchange of data between an association of participants, such as internet telephony calls and video telephony.
SIP Channel: A SIP Channel is a line within the SIP trunk. More specifically, it is a virtual telephone line that is carried within the virtual trunk. It operates in much the same way the physical phone line does in the physical trunk of old. The number of SIP channels within a trunk determine how many simultaneous calls you can make or receive.
SIP Device: (Also known as VoIP phones) - IP telephones that enable the internet service provider to integrate basic phone capabilities with web, email, online chat and more through IP network. This device uses the SIP protocol to set up and manage phone calls. Can be a physical device or a software application that processes calls.
SIP Endpoint: A device that places or receives calls via Customer and Provider connection with Customer equipment.
SIP URI Scheme: The Uniform Resource Identifier (URI) scheme for SIP multimedia communications protocol. SIP address is URI that addresses specific telephone extension on VoIP system. This can be a PBX or an E.164 telephone number dialed through a specific gateway.
Sub-40% ASR: The Answer-Seizure Ratio (ASR) - a measurement of network quality and call success rates in telecommunications. Represents a percentage of answered telephone calls with respect to the total call volume. “Sub-40%” refers to under 40 percent answered calls.
Sub-60s ACD: An Automatic Call Distributor (ACD) - a telephone facility that manages incoming calls and handles them based on the number called and an associated database of handling instructions.
Taxes: Means all federal, state and local taxes, fees, charges, carrier surcharges or other similar exactions, imposed on or with respect to the Services under these TOS, whether these taxes are imposed directly on Customer or Provider, including, but not limited to, sales and use taxes, utility user's fees, excise taxes, value added tax (VAT), any other business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes, as well as any penalties and interest assessed and accrued due to Customer failure to pay or late payment of taxes. The term "Taxes" does not include any taxes that are imposed on or measured by the net income, property taxes, employment and payroll related taxes of Provider.
TOS: These Terms of Service between Provider and Customer, including any updates, amendments or modifications.
Unused Balance: Positive balance of Customer Account Balance, minus the Minimum Monthly Commitment and any incurred fees for the Services already rendered by Provider under these TOS.
Usage Credits: Credits in Customer Account Balance.
URI: Uniform Resource Identifier - named or unnamed locator. A SIP address is a URI that addresses a specific telephone extension on a VoIP system.
Website: Provider website at: http://www.fones2go.com.
VoIP: Voice over Internet Protocol - the use of the internet as the transmission medium for telephone calls by sending voice data using IP.
2.1. Provider agrees to render the Services and Customer agrees to purchase the Services under these TOS.
2.2. : Provider does not assume any responsibility or liability for Add-ons. If an Add-on is not functioning properly, Customer must seek help from Add-on Partner sup.
2.3. Provider is acting as agent for the Add-on Partner in providing each Add-on to Customer under these TOS; Provider is not a party to the license between Customer and the Add-on Partner with respect to that Add-on; and Provider is not responsible for that Add-on, the content therein, or any claims that Customer or any other party may have relating to that Add-on or Customer’s use of that Add-on. Customer acknowledges and agrees that Provider, and Provider’s Affiliates, are third party beneficiaries of the agreement entered directly between Customer and the Add-on Partner for each Add-on, and that Provider will have the right (and will be deemed to have accepted the right) to enforce such license against Customer as a third-party beneficiary thereof.
3.1.1. To enroll in the Exchange Platform, receive the Services under these TOS, or accept any promotions, discounts, free-trials and other similar offers, Customer must meet the following pre-requisites:
3.1.2. : Customer must accept the TOS to be eligible for Services under these TOS.
3.1.3. : Customer must comply with the TOS to be eligible for Services under these TOS.
3.1.4. : Pursuant to the applicable anti-money laundering and terrorism-related laws in various countries, Customer is required to pass a verification process by Provider, which may include Provider request of several forms of identification confirmations.
3.1.5. : Customer must submit a Customer Application and Customer Application must be received by Provider to be eligible for Services under these TOS.
3.1.6. : Customer must comply with payment terms in these TOS to be eligible for Services under these TOS.
3.1.7. Customer must complete and submit an online application and review and accept these TOS by selecting the “I Accept” button provided.
3.1.8. : Selling Fones 2 Go numbers is only available to facilities-based carriers. Certified copies of the original telecommunication licenses from Customer’s National Regulatory Agency must be provided for Provider review prior to listing Fones 2 Go numbers. Exceptions may be granted on a case-by-case basis to certain qualified technology providers and ITSPs. Reselling Fones 2 Go numbers from external suppliers without requesting their explicit approval (to be mailed from the original Fones 2 Go Owner to Provider, via certified postal mail, addressed to our Hong Kong office) is prohibited. Any attempts to sell Fones 2 Go numbers from third parties without their written approval will invoke the Prohibited usage clause noted later.
4.1. Customer agrees to pay Provider for the Services rendered under these TOS.
4.2. : Customer agrees herewith to the Minimum Monthly Commitment corresponding to Customer selected level of Services under these TOS.
4.3. . All Services under these TOS must be pre-paid by Customer.
4.4. . All Customer Accounts shall operate on a Run-Down Basis.
4.5. It is the sole responsibility of Customer to ensure sufficient positive balance remains on Customer Account for uninterrupted Services under these TOS.
4.6. Credit shall only be added to Customer Account upon confirmation of cleared funds in Provider’s bank account.
4.7. Should Customer Account balance reach zero, Provider will suspend the Services under these TOS.
4.8. . Provider may at any time increase or decrease the rates detailed in the order form, but shall give Customer a reasonable notice in advance of such change. Written notice given in 5 days before the date of proposed changes shall be considered a reasonable notice.
4.9. Auto-Reload Option. If Customer accepts the auto-reload option, Customer acknowledges that Services under these TOS have a recurring payment feature. In addition, Customer accepts the responsibility for all recurring charges prior to the cancellation of Services under these TOS.
4.10. Provider may submit periodic charges (monthly) without further authorization from Customer, until Customer provides advance notice (receipt of which is confirmed by Provider) that Customer has terminated this authorization or wishes to change its payment method. Notice of change will not affect charges submitted before Provider could reasonably act to update the authorization. Customer must provide current, complete and accurate information for its Customer Account. Customer must promptly update all information to keep its Customer Account Balance, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and Customer must promptly notify Provider or its payment processor if Customer’s payment method is canceled ( for loss or theft) or if Customer becomes aware of a potential breach of security, such as the unauthorized disclosure or use of Customer’s Account or password. Changes to such information can be made in the Account dashboard. If Customer fails to provide any notice of change or potential breach of security, Customer agrees that Provider may continue charging Customer for any use of paid Services unless Customer has cancelled auto-reload or terminated its paid Services. Customer may change its payment method or terminate any auto-reload authorization via sending an email to Provider at: [email protected] .
4.11. . Provider has three categories of Services performed under these TOS (Customer Account Levels): Base, Business, and Wholesale. Each Customer has the Minimum Monthly Commitment applicable to Customer as per the selected Customer Account Level. The details of the Customer Account Levels, including differences between Services performed under each Customer Account Level are posted on Provider Website in “Account Levels” section at http://fones2go.com/account-levels. Any modifications and changes of “Customer Account Levels” will become effective on the date they are posted on Provider Website at: http://fones2go.com/account-levels.
4.12. Provider only renders Services when Customer Account Balance is positive, and the Services are pre-paid. No overdrafts are allowed.
4.13. The Services under these TOS are immediately suspended if the Account Balance reaches zero balance.
4.14. Until Customer replenishes funds in his Account Balance, Customer Account shall be suspended. On first day of billing cycle, Provider confirms that Customer has positive account balance and at least the funds sufficient to cover the Minimum Monthly Commitment, if not Customer Account will be suspended.
4.15. On the last day of billing cycle, the Minimum Monthly Commitment will be withdrawn from the Account Balance.
4.16. Customers may choose auto-debit function to replenish their Account Balance. For these purposes Customers will be required to execute credit card authorization or provide bank account direct debit authorization to Provider.
4.17. Account research linked to police, government agency, or other law enforcement requests is billed at the rate of US $89.99 per half hour of administrative work, in half hour increments.
4.18. PayPal chargeback fee shall be US $15 and credit card chargeback fee shall be US $49 per each dispute received. Provider reserves the right to perform spot checks at its sole discretion at any time.
4.19. Please be advised that forwarding to Skype is charged at US $0.005/min, offered as-is, assumed to be experimental in nature and not guaranteed.
4.20. Any port-out or port-out attempt of an Area Code 212 number will incur a fee of US $500 per 212 number. This restriction is passed from the supplying network and is the supplying network policy.
4.21. Porting requests for UK numbers are subject to £40 (British Pounds) fee per each number ported away, payable by Customer upon receipt of a porting request.
4.22. By signing up, Customer agrees that the flat rate of US $48 does not apply to dialer. Accounts that send more than 10 percent of short calls OR have sub-60s ACD OR have sub-40% ASR must use the dialer tier. Presence of any of the metrics above, as recorded over 60-minute interval, will result in rate deck changed to short duration dialer, which is an NPA-NXX based routing list starting at 0.009/min.
4.23. Callback-capable Fones 2 Go numbers incur monthly charges of no less than US $50 per Fones 2 Go number per month.
4.24. Customer agrees to the US $10 administrative and handling charge per Fones 2 Go number in the event that any required paperwork is missing.
4.25. Taxes: Customer is responsible for and shall pay all taxes, if applicable, with respect to the Services under these TOS.
4.26. If Customer qualifies for an exemption from any taxes, Customer should send an email to Provider at: [email protected] with a properly completed, executed, signed and dated valid exemption certificate, as the case may be. Once the provided exemption certificate has been reviewed and approved, Provider will exempt Customer from relevant taxes on a going-forward basis. If, for any reason an applicable tax authority determines that Customer is not exempt from those taxes and assesses those taxes, Customer agrees to pay Provider those taxes, plus any applicable interest or penalties.
4.27. : Customer must notify Provider in writing if Customer disputes any portion of any fees paid or payable by Customer under these TOS. Customer must provide an advance written notice to Provider within sixty (60) days of the applicable charge and Provider will work together with Customer to resolve the ensuing dispute as soon as practicably possible. If Customer does not provide Provider with required advance written notice of Customer fee dispute within this 60-day period, Customer will not be entitled to dispute any fees paid or payable by Customer to Provider.
5.1. All prices and transactions are in U.S. dollars, unless stated otherwise.
6.1. Other than the Unused Balance refund, no refunds will be issued by Provider to Customer under any circumstances, once Customer accepted these TOS.
6.2. Customer agrees that there are no refunds available due to the inability to receive calls using a SIP URI Scheme. Customer agrees to review and read in their entirety the instructions available on the Website: http://fones2go.com/support/setup-guides/did-not-ringing . Customer confirms that Customer fully understands the terminology used, as well as the concept of SIP URI and Inbound Routes. If Customer feels that Customer is unable to operate Customer’s system, as specified, Customer should contact a qualified VoIP engineer for assistance. Provider does not offer Customer gateway troubleshooting, IT training, or local equipment setup and/or repairs. There is no inbound SIP Address available to receive inbound calls from the public internet and external companies (no [email protected] gateway inbound URI calls are technically possible). Customer agrees that Customer fully understands this limitation.
6.3. Certain countries restrict calling card and PIN-based systems usage. Consult technical support prior to purchasing Fones 2 Go numbers on any Services under these TOS from foreign countries. In the event that Customer’s intended usage is prohibited or not supported, and Customer has not contacted Provider for clarification prior to completing Customer purchase, no refunds or credits will be processed.
6.4. In the event of interruption of Services under these TOS, on any specific Fones 2 Go number purchased, Customer may log in to the Website at: http://fones2go.com and perform an automated check. Provider system will dial the Fones 2 Go number to verify the Services. The check will return a ‘fail’ or ‘pass’ status, depending on the test results. Should the test status remain in ‘fail’ state for longer than 24 consecutive hours, Provider will refund the Minimum Monthly Commitment. However, any per-minute fees additionally incurred for additional use of the Services under these TOS will not be refunded.
6.5. If PayPal disputes or credit card chargebacks occur on Customer Account, Provider reserves the right to stop the Services under these TOS with no refund provided.
7.1. To access and use the Services, Customer must create a Customer Account on the Website. Customer shall provide accurate, complete, and current information and, as applicable, is solely responsible for timely updating the same in Customer Account.
7.2. Customer is solely responsible for the activity that occurs on its Customer Account (which includes sub-accounts), including via Customer Application, and for keeping its Customer Account password secure. Provider is not liable for losses caused by any unauthorized use of Customer Account.
7.3. Customer represents and warrants that it is duly authorized to do business and use the Services under these TOS in all jurisdictions in which Customer operates. Customer must notify Provider promptly of any change in Customer’s eligibility to use the Services under these TOS (including any changes to or revocation of any licenses from the applicable state authorities), breach of security, or any known unauthorized use of Customer Account.
7.4. Upon termination of these TOS, Customer may delete its Customer Account by emailing Provider at: [email protected] Notwithstanding the deletion of Customer Account, Provider may retain Customer data, as reasonably necessary for compliance with the applicable laws and any other applicable regulatory requirements.
7.5. Provider will perform any necessary tests, at its full discretion and at any time it deems appropriate. The tests are performed by dialing Customer’s Fones 2 Go number from a PSTN and waiting for it to arrive to Provider designated server in the applicable E164 Format. Customer must specify the Minimum Monthly Commitment, maximum simultaneous channels, per-minute charge and number of included free minutes with each number offered for sale (“Balance”). Provider, upon the completed purchase of the number by Customer, credits the Balance to Customer Account. Customer may withdraw the Balance every 30 calendar days. Withdrawals are performed using PayPal (“PayPal”) (see Paypal.com for PayPal’s applicable terms and conditions).
7.6. Credit and debit transactions are facilitated via Customer Account in Provider Exchange Platform, to be settled per these TOS. Customer must test the voice quality, channel and codec support relating to any Services purchased under these TOS and ensure that it finds them to be satisfactory, unless reported to Providers technical support via e-mail two (2) hours after the initial Fones 2 Go purchase.
8.1. Customer who is a Reseller must provide Provider a three (3) month advance notice before a price change goes into effect. The price change cannot be set for more than 20 percent of the original price and may not be changed more than twice per year, except when mutually agreed upon by Provider and Reseller in writing.
9.1. By signing up for Services under these TOS, Customer agrees to be fully responsible for any negative balance amounts resulting from system breach and unauthorized use. Customer accepts unconditionally the responsibility for termination charges resulting from access to Customer account credentials, including calls initiated as a result of unauthorized access to Customer IPBPX or other SIP device, and including all malicious and runaway traffic.
10.1. Provider agrees to provide Services under these TOS so long as Customer abides by the terms of these TOS.
10.2. Provider further warrants that it has all necessary permits and authorizations from applicable governmental and regulatory authorities in connection with the performance of Services under these TOS.
11.1. All intellectual property rights owned by one party shall remain vested in such party, and for clarity, and avoidance of doubt:
11.1.1. All rights of any nature, trade name, documents, drawings and information including any access codes provided to Customer, and information in Provider database accessed by Customer or Reseller remain vested in Provider.
11.1.2. Information provided to Customer by Provider pursuant to these TOS, pertaining to the Reseller customers is the property of Customer for the purposes of these TOS.
11.1.3. Customer shall not use Providers name, trademarks, or copyrights in any way that implies any approval or connection with the Services or products offered by Customer subject to these TOS.
11.1.4. Any right to use the Services, and/or any software related to the Services under these TOS, granted by Provider to Customer will only be perceived as a personal, limited, non-exclusive and non-transferable licence of use by Provider of the services, and/or any software related to the services, for the designated purpose only.
12.1. All confidential information, including, but not limited to, any business, technical, financial, and Customer information, disclosed by one party to the other during negotiation or the effective term of these TOS which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13.1. Provider may use Customer logo, as well as Customer brand name (“Marks”) for commercial and marketing purposes for the duration of the Services under these TOS, as long as such commercial and marketing activities relate to the Services under these TOS.
13.2. Customer herewith agrees to collaborate with Provider, if requested by Provider, in the development of joint marketing materials.
14.1. Nothing in these TOS is intended or meant, nor shall it be construed or interpreted to constitute an employer-employee relationship or a partnership, agency, joint venture, or franchise between Provider and Customer.
15.1 If Provider and Customer are unable to resolve a dispute through customer support, Customer and Provider agree to resolve any dispute arising under these TOS by binding arbitration in Hong Kong Special Administrative Region or in another location that is mutually agreeable by both Provider and Customer.
15.2. This applies to all claims under any legal theory, unless the claim fits in one the exceptions described in this subsection. It also applies even after Customer has stopped using Provider Services or Customer has deleted Customer Account. If Provider and Customer have a dispute about whether this agreement to arbitrate can be enforced or applies to a dispute between Provider and Customer, Provider and Customer agree to arbitration in that regard as well and that the arbitrator will decide that, too.
15.3. Provider and Customer, agree to forgo arbitration and go to court to resolve disputes relating to intellectual property (for example: trademarks, trade dress, domain names, trade secrets, copyrights or patents).
15.4. Prior to filing any arbitration, Provider and Customer jointly agree to seek to resolve any dispute between us by mediation conducted by the International Centre for Dispute Resolution (ICDR) with all mediator fees and expenses paid equally by Provider and Customer. If mediation is not successful, either Provider or Customer may initiate an arbitration proceeding with ICDR. Customer can find ICDR’s rules and procedures on their website http://www.icdr.org/.
15.5. The arbitration will be governed by the then-current version of ICDR’s ICDR International Arbitration Rules (the "Rules") and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this section conflicts with the Rules, the language of this section applies.
15.6. Each of Provider and Customer will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This section does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.
15.7. The arbitrator’s award will be based on the evidence admitted and the substantive law of Hong Kong, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms.
15.8. Except as provided in the Federal Arbitration Act of the United States, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.
15.9. Both Provider and Customer, agree that any claims or controversies between each other must be brought against the other on an individual basis only. That means neither Provider nor Customer can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one claim into a single case, and cannot preside over any consolidated, class or representative proceeding (unless Provider or Customer agree otherwise). The arbitrator’s decision or award in one case can only impact the claimant, not other Customers and cannot be used to decide other disputes with other Customers.
15.10. If a court decides that this subsection is not enforceable or valid, then the entire section will be null and void but, the remaining TOS will still apply.
16.1. These TOS shall be construed, interpreted, and enforced in accordance with the laws of the Hong Kong Special Administrative Region.
17.1. Customer will defend, indemnify and hold Provider harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action resulting from or relating to Customer’s activities under these TOS. This includes actions taken or misinformation provided pursuant to Customer Application and any violation of these TOS.
17.2. Provider will cooperate as reasonably required, in defense of any claim against Customer, at Customer’s expense.
17.3. Customer will pay all costs, reasonable attorney’s fees, any settlements or damages awarded against Provider in connection with any claim made against Customer or Provider.
17.4. Customer will pay all costs, reasonable attorney’s fees, any settlements or damages awarded against Provider in connection with Provider’s right to enforce this clause.
17.5. Customer shall be solely responsible, bear all costs (including reasonable legal costs) and will hold Provider harmless, if Customer breaches the jurisdiction restrictions under these TOS.
17.6. If a court decides that any provision of these TOS is not enforceable or valid, then the entire section will be null and void but, the remaining TOS will still apply, and the remaining sections will be unaffected.
17.7. By registering an account at Website, Customer agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorney fees) arising from Customer’s violation of these TOS. Customer also agrees to defend, indemnify and hold as harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorney fees) arising from the fact that VoIP services may be regulated differently in Customer’s home jurisdiction (by the legislative body responsible for regulating the telecommunications industry in Customer’s home country) than they are regulated in Hong Kong Special Administrative Region.
18.1. No failure, delay or default in performance of any obligation of Provider or Customer shall constitute an event of default or breach of these TOS to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of Provider or Customer, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. Provider or Customer affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
19.1. TO THE EXTENT FULLY POSSIBLE UNDER THE APPLICABLE LAW AND EXCEPT AS OTHERWISE STATED IN THESE TOS, PROVIDER WILL UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF PROVIDER HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL PROVIDER BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM.
19.2. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER This TOS BETWEEN PROVIDER AND CUSTOMER, AND PROVIDER AND CUSTOMER HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
19.3. PROVIDER WILL NOT BE LIABLE TO CUSTOMER OR OTHER PARTY FOR PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS RESULT OF LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, OR LOSS OF USE OF EQUIPMENT OR SOFTWARE. IN ADDITION, PROVIDER IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS IN CONNECTION WITH OBTAINING SUBSTITUTE EQUIPMENT OR SOFTWARE, CLAIMS BY OTHERS, INCONVENIENCE OR SIMILAR COSTS.
19.4. PROVIDER DOES NOT ASSUME ANY LIABILITY FOR ANY NON-COMPLIANCE BY CUSTOMER WITH ANY LOCAL AND GLOBAL RULES AND REGULATIONS, INCLUDING GDPR STANDARDS.
19.5. PROVIDERS SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. PROVIDER WILL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD PROVIDER HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE PROVIDER SERVICES TO CONTACT EMERGENCY SERVICES.
19.6. PROVIDER DOES NOT OFFER ANY WARRANTIES WITH RESPECT TO THE SERVICES UNDER THESE TOS.
20.1. Provider reserves the right to strictly enforce these TOS by, without limitation, issuing warnings, suspending, or terminating the service, refusing to transmit, removing, screening, or editing the service parameters prior to delivery or actively investigating violations and prosecuting them in any court or appropriate authority. Provider may block access to certain parts of the service if, in Providers sole discretion, Provider is experiencing excessive billing, collection, fraud problems or other misuse of Providers’ network. Provider may review, report on, and disclose transaction information about Customer use of Provider system, and any relevant information transmitted by Customer via Provider system, to the extent permitted by law, in order to comply with the law, to enforce or apply these TOS, to protect Provider rights or property, or to protect other Customers from fraudulent, abusive, or unlawful use of the service.
20.2. Customer agrees to not use and not encourage or allow the use of Services in the following prohibited ways:
20.3. Using the Provides Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of Provider.
20.4. Attempting to bypass or break any security mechanism on any of Provider Services or using Provider Services in any other manner that poses a material security or service risk to Provider or any of its other customers.
20.5. Reverse-engineering Provider Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
20.6. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of Provider Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of Provider Services.
20.7. Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
20.8. Using Provider Services in any manner that causes a telecommunications Provider to complain about Customer use to Provider or materially violates the following: industry standards, policies and applicable guidelines published by the CTIA (Cellular Telecommunications Industry Association), the Mobile Marketing Association, or any other generally recognized industry associations; or telecommunications provider guidelines and usage requirements as communicated in writing by Provider to Customer.
20.9. Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
20.10. Using Provider Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.
20.11. Using Provider Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
20.12. Using Provider Services to engage in, or in connection with fraudulent activity.
20.13. Using Provider 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 Customer has signed a Business Associate Agreement with Provider or Customer use of Provider Services fits within the conduit or some other exception for requiring a Business Associate Agreement.
20.14. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
20.15. Using Provider Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
20.16. Using Provider Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of Provider Services to Customer and/or Customer phone numbers.
20.17. Using Provider Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
20.18. Using Provider Services to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Provider reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
20.19. Using Provider Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.
20.20. 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.
20.21. Having a high volume of unanswered phone calls or phone calls that are too short in duration (i.e., phone calls generally less than twelve (12) seconds in length).
21.1. Provider services offered do not constitute provision of common carrier telecommunications services. Provider is only a wholesale VoIP hub for Customers to buy the services for Customer’s own use or resale. As such, Provider receives voice calls in the form of IP data packets routed via the Internet and redirects Customer IP data to the underlying vendors participating.
21.2. Provider is not responsible for and has no control over the reliability, safety or legality of services provided to Customers by other Customers or Resellers (although best effort is made to monitor the quality of the Services rendered under these TOS).
21.3. Customer confirms that Customer fully understands the limitations of Skype forwarding prior to signing up for Provider service. All calls are ultimately controlled by Skype network, and Skype is under no obligation to accept such calls, route them, connect to their voicemail or pass Caller ID (which Skype, to the best of our knowledge, does not transmit with the current SIP to Skype gateway capabilities). There is absolutely no warranty offered for Skype forwarding or Skype callback. For best reliability, forward Customer Fones 2 Go numbers to another phone or SIP address. Caller ID is passed to both SIP and PSTN. Be aware that these services are not regulated in the same way traditional telephone services are regulated in Customer’s home country.
21.4. Customer agrees it is leasing the number and is not buying the number. Customer acquires no ownership interest in or porting rights to the number but may have exclusive use of the number for as long as Customer complies with these TOS. This restriction is imposed by the supplying network pursuant to the supplying network policy.
21.5. Provider will provide full assistance on any port outs in the United States and Canadian non-exhausted areas. Provider North American footprint is fully portable at no charge, with the exception of 212 area code.
21.6. Dialer service to countries other than the United States and Canada may be available, however, must be negotiated separately between Customer and Provider. U.S. and Canadian dialer activity is allowed for Do Not Call-compliant businesses only.
Customer is fully responsible for all calls made using the SIP account
credentials, including unauthorized calls made by third parties. To protect
Customers from runaway costs, should a breach occur on Customer end, Provider
implements an additional layer of security by placing an initial default
channel and maximum price per minute limitations on all accounts:
- limit two simultaneous outgoing channels per customer;
- destinations below US $0.18 per minute only; and
- 60 minutes maximum call duration.
22.2. Customers can request these limits be raised or lowered based on how confident Customer feels handling Provider capacity. Please contact Provider at: [email protected] to request a change to Customer channel, cost and duration limits. Include Customer Website login email, SIP account number and a brief description of Customer’s new requirements. Calls that begin while Customer Account Balance is positive may be billed after the connection terminates. Under the circumstances of IPPBX system breach, this will result in Customer Account Balance becoming negative. This negative Balance amount is calculated as four times the sum of Customer capacity multiplied by maximum call time, for example 60x0.18x2x4= -US $86.40.
22.3. By signing up, Customer agrees to receive Caller ID information as received from the Fones 2 Go vendor. CLI may contain extra digits such as 00 or have duplicate country codes added. For example, U.S./Canada origination is using a 10-digit format: 2125551212. Customer will need to add a leading 1 if Customer requires E164 format. Other countries may use localized CLI such as 02-123-456. By signing up, Customer accepts these TOS and confirms that Customer VoIP endpoint has the ability to manipulate CLI on Customer’s end. Under no circumstances will Provider accept any claims regarding this behavior, including, but not limited to North American or EU numbers or any other service areas. Customer fully agrees that CLI is to be manipulated on Customer PBX end at all times.
22.4. Provider does not guarantee the service of modems and faxes over the VoIP system. Some devices work fine communicating with this type of service (inbound), while others do not. T38 support is not included by default and may be entirely unavailable. Fones 2 Go VoIP service is not fully compatible with fax machines, credit card machines, and security systems. Customer is responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the VoIP services Customer provisions. Customer acknowledges and understands that VoIP Fones 2 Go service is not compatible with many types of 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.
23.1. The Exchange Platform or any Services provided by Provider under these TOS may not be used for any type of mass dialing, predictive dialing, telemarketing or any other automated list dialing. Compliant North American opt-in dialer is available using at full NPA-NXX rate deck, billed 30/6. Callback usage is generally prohibited, but may be offered in limited number of countries, subject to carrier approval. Sending CLI belonging to Provider vendors through non-Provider systems, while receiving incoming calls via Provider facilities, is prohibited. DTMF is unavailable and calling card or other PIN-based platforms are not allowed in Malaysia, Colombia, Russia, Greece, Panama, Malta, Croatia and Bahrain. Service is not available in India, Nepal, Pakistan, Sri-Lanka, Albania, Autonomous Province of Kosovo, Algeria, Tunisia, Morocco, Egypt and Bangladesh. All usage and payments from/to these territories are technically unavailable. Customer Accounts that show attempts to circumvent any and all of these restrictions or having links to any of these countries will be immediately terminated without warning or the right to any refund. Receiving 1 (one) complaint from law enforcement agencies regarding Customer activities will result in immediate Customer Account termination. Customer agrees that no warnings will be issued by Provider, and no refunds will be provided by Provider in the event of fraudulent or prohibited usage.
23.2. At its sole discretion and at any time, without prior notice, Provider reserves the right to deny: (i) any application to the Exchange Platform by any Customer or (ii) the Services performed under these TOS to any Customer if Provider determines that the Customer failed to comply with these TOS, including, but not limited in the event of fraud, unauthorized assignment or transfer of the service provided by Provider, not a bona fide Customer, resale in any way of the services provided by Provider, unauthorized granting of access to or use of the Exchange Platform to third parties, and any other similar violations.
24.1. Provider may, at its sole discretion and without prejudice to any rights terminate or suspend the Services under these TOS until further notice in the event that:
24.1.1. Customer Account is depleted, and Customer fails to provide sufficient funding within 15 days following the date of the invoice. Provider will send one notice to Customer by e-mail when the invoice is past due;
24.1.2. Undisputed amounts remain unpaid after the due date of the invoice despite one or more reminders sent by Provider;
24.1.3. Provider is obligated to comply with an order, instruction or request of a court, government, agency, emergency service organization or other competent administrative or regulatory authority;
24.1.4. Provider has reasonable grounds to believe that the Services under these TOS are being used fraudulently or illegally; or
24.1.5. Customer or Reseller uses the Services under these TOS in violation of these TOS.
24.1.6. In the event that Provider suspends the Services under these TOS, Provider shall, whenever reasonably practical, give an advance notice of any suspension of Services under these TOS to Customer. Provider shall in such circumstances use all reasonable best efforts to resume the Services under these TOS as soon as practical.
24.2. Provider shall not be liable for any loss, damage or inconvenience suffered by Customer as a result of any suspension of Services under these TOS. In no event will Customer be entitled to any compensation should any suspension occur.
25.1. Provider endeavors to provide the Customer with network service and service numbers, but notwithstanding this, Provider is not obliged to supply service numbers requested by the Customer. Any service number provided by Provider to the Customer will always remain the property of Provider. Provider may also change numbers supplied to the Customer if this is required for regulatory, statutory or legal reasons, and in such instance shall notify the Customer as soon as is reasonably practical.
26.1. Provider reserves its right to modify the TOS from time to time. Such modifications will become effective on the date the TOS are posted on Provider Website at: http://fones2go.com/terms-and-conditions.
26.2. It is Customer’s responsibility to monitor Provider Website on a regular basis for any changes or updates to these TOS. The use of the Services by Customer after these TOS, as well as any updates, changes or modifications are posted on Provider Website, as the case may be, constitutes Customer’s acceptance of the TOS then in effect.
26.3. Provider will do its best to notify Customer about the TOS changes. However, Provider does not assume any responsibility to notify Customer about the TOS Changes, other than for timely posting of any such TOS Changes on Provider Website.
27.1. Customer hereby agrees to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Website.
27.2. Customer waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
27.3. If Customer is residing in a jurisdiction where it is forbidden by law to offer or use internet telephone, Customer should not accept these TOS. By entering into these TOS, Customer explicitly represents that Customer has verified in Customer’s own jurisdiction that the use of internet telephone is allowed.
28.1. These TOS, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitute the entire agreement between Provider and Customer with respect to the matters referred to in these TOS and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between Provider and Customer with respect to such matters.
29.1. Provider may at any time assign provider rights and obligations under these TOS, in whole or in part, without notice to Customer. Customer may not assign these TOS without prior, written consent from Provider. These TOS will inure to the benefit of and bind Customer and Provider and respective personal and legal representatives, successors and permitted assignees.
30.1. These TOS are effective February 1, 2019 for all existing Customers and December 1, 2018 for any new Customers.
31.1. Enjoy our platform, we built this for the Customer! Dream on with Fones 2 Go and have fun!