These Terms of Service (“TOS”) constitute a binding agreement between Customer and Provider. By submitting the online application and accepting the TOS, Customer is acknowledging that Customer has read, understood, and agreed with these TOS.
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
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
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
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.
GDPR Standards: Refers to
General Data Protection Regulation standards, the primary law regulating
how companies protect most EU citizens’ personal data. For Provider Privacy
Policy, please visit Provider Website at:
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
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
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
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
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
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:
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
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
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
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
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:
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
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
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
5.1. All prices and transactions are in U.S. dollars, unless
6.1. Other than the Unused Balance refund, no refunds will be
issued by Provider to Customer under any circumstances, once Customer accepted
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
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
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
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,
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
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
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
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
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
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
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
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
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).
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
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.
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:
two simultaneous outgoing channels per customer;
- destinations below US
$0.18 per minute only; and
- 60 minutes maximum call duration.
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
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
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:
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
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!