THIS AGREEMENT ("Agreement") is between Convex Communications LLC ("we," "us" or “Convex9") and the user ("you," "user" or "Customer") of Convex9’s Residential or Business enhanced communications or telecommunications services and any related products or services ("Service"). Both the Service and any devices, such as an IP phone, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment") are used in conjunction. By activating the Service, you acknowledge that you have read and understood, and you agree to the terms and conditions of this Agreement. You represent that you are of legal age to enter this Agreement and become bound by its terms. Also, by activating and/or using the Service, you agree that you are also bound by the terms of Convex9’s applicable state and/or federal tariffs, rate schedules, and public disclosures, which are incorporated into this agreement by reference.
Service Description
The Service requires Equipment obtained through Convex9 or a third party that allows you to place and receive calls by using your high-speed Internet connection. Convex9 does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection have a capacity of at least 50 Kbps upstream and downstream. Since the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, Convex9 does not guarantee continuous availability.
You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You waive any claim against Convex9 for interference or disruption of such services and equipment.
1. Service Term Monthly Residential Term Service is offered on a month-to-month basis, for an initial term that begins on the date that Convex9 activates your Service with
VoIP device deposit. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Convex9 notice by e-mail of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. If you terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term and any and all outstanding charges. Customer is responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account.
Yearly Term Service is offered on a Yearly basis, for an initial term that begins on the date that Convex9 activates your Service. Subsequent terms of this Agreement automatically renew on a yearly basis without further action by you unless you give Convex9 notice by e-mail of non-renewal at least ten [10] days before the end of the yearly term in which the notice is given. If you terminate Service prior to the end of Yearly term, customer will be
responsible for the charges at monthly pro rated basis for the number of months service has been used. Customer is responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account.
If you have subscribed to Convex9’s Residential services, the Service and Device are provided to you and your household as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit making or non-profit. If you fail to comply with these limitations, Convex9 reserves the right to immediately terminate or modify the Service, if Convex9 determines, in its sole discretion and in accordance with Applicable Law and/or the rules and regulations of appropriate state and federal regulatory bodies, that Customer's Service is being used for non-residential or commercial use.
Prohibition on Resale: If you have subscribed to Convex9 Business services, the Service and Device are provided to you as a business user. This means that you are not to resell or transfer the service or device to any other person for any purpose. You agree that the Convex9 Business Plans are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. Convex9 reserves the right to immediately terminate or modify the Service, if Convex9 determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities, in accordance with Applicable Law regarding such terminations.
You acknowledge and agree that the Services are offered on a bundled basis (including local, toll, long distance and international service) and cannot be separated. I acknowledge that these services (local, toll, and long distance) are not available individually and that in order to maintain each of the services in the bundle, one must maintain the others on the same service line. Should you wish to change any of these service providers from Convex9, you will terminate your Service with Convex9.
Convex9 does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 "dial-around" calls. The Service may not support 311, 511, and/or other x11 services in some or all Service areas.
Convex9 will ship the device once the customer sign’s up for the service
and provides support for installation.
When the customer disconnects the service, customer has to bear the shipping charges and return the equipment in good condition. If the customer mishandles the equipment (adaptor), it’s the customer’s sole responsibility to pay for the equipment charges. Once convex9 receives equipment in good condition any refundable customer deposit with convex9 will be refunded to the customer
subject to the conditions in Refund Policy.
1.3 Lawful Use of Service and Device
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Convex9's sole judgment the transmission, receipt or possession of such communication would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Convex9 reserves the right to terminate your service immediately and without advance notice if Convex9, in its sole discretion, believes that you have violated the above restrictions, or any Applicable Tariff term, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus an equipment non-return fee, all of which immediately become due and payable, as may be permitted under Applicable Law. You are liable for any and all uses of the Service and/or Device by any person making use of the Service or Device provided to you and agrees to indemnify and hold harmless Convex9 against any and all liability for any such use that fails to comply with this Section 1.3.1. If Convex9, in its sole discretion believes that you have violated the above restrictions, Convex9 may forward the objectionable material, as well as your communications with Convex9 and your personally identifiable information to the appropriate authorities for investigation and prosecution.
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply to your Device or at any point in your transmission path; the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment including your Device or any connecting equipment in your transmission path prior to utilizing the Service.
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials provided or offered by Convex9 and on Convex9's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Convex9 are and shall remain the exclusive property of Convex9 and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by Convex9, which Convex9 reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Convex9 against any and all liability arising out of your use of such interface device with the Service.
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Convex9 in each instance. Doing so shall constitute a violation of this Agreement.
You agree to notify Convex9 immediately, by calling the Convex9 customer service line, or send an email if the Device or Service is stolen or if you suspect or become aware at any time that your Service is being stolen or fraudulently used. You will be liable for all use of the Service using a Device or Access Code stolen from you and any and all stolen Service or fraudulent use of the Service until Convex9 is informed of the theft.
If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Convex9's customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. Please refer to the Convex9 warranty materials included in the packaging of your Device(s). If Customer purchased the Device new from Convex9 and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from Convex9 at the time of purchase, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect. You understand that any Device provided by Convex9 for use with the Service is and remains the exclusive property of Convex9 unless purchased in full by you. Nothing in these terms should be construed to confer any title, rights of ownership, or other property rights onto you, the Customer.
Convex9 may, solely at the Company's discretion, release the telephone number that was ported into Convex9 by you and used in connection with your Service provisioned by Convex9 to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (a) your account has been terminated; and (b) you request the transfer upon terminating your account. In case convex9 grants the provision for number portability an
additional charges may be applicable for this service.
You acknowledge and understand that the Service has different technical limitations than a traditional telephone service. Technical differences exist between traditional telephone service and this Service offering provided by Convex9. The Service may be subject to different regulatory treatment than traditional or wire line phone service. This treatment may limit or otherwise affect your rights and responsibilities before Federal and State regulatory agencies.
2. Referral
Convex9 referral program is intended for use by Convex9 VoIP phone service customers to introduce their family, friends and relatives to Convex9 service. By referring individuals, you agree to the following conditions.
This offer applies to Convex9 customers only and may not be used in conjunction with any other offer, excluding free promotions on all calling plans. To qualify for the referral, both you and the person you referred must be customers in good standing and the person referred must remain a customer for at least one billing cycle.
Cancellations by the person referred that occur earlier than one billing cycle will be ineligible to receive this reward/credit. Once you receive such reward/credit on your bill, if you cancel Convex9 VoIP phone service any unused credits at the time of cancellation will be forfeited.
All your referrals need to remain a customer in good standing (having paid for service and not in default for non-payment), for that particular month irrespective of the plan.
All referral rewards earned will be automatically adjusted towards monthly or yearly bill on non payment for the service and remaining referral rewards in your account can be cashed out any time after 7 days of the bill paid by the monthly or yearly customer. Convex9 will dispatch all the rewards earned by the customers in 2 to 4 weeks after the request for the redemption made by the customer either by email or phone.
Convex9 does not support spamming or complaints received due to improper use of this program and such behavior may result in the forfeit of any credits accrued by you. All Referral rewards are subject to change.
3. Service Outage
You acknowledge and understand that the Service as a whole, do not function in the event of a power failure. Should there be an interruption in the power supply; the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment, connections or logins, prior to utilizing the Service.
You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service. Even a brief interruption in your broadband internet connection may cause the Service to fail until Customer resets or reconfigures equipment, connections or logins.
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service.
You acknowledge and understand that if there is a service outage for ANY reason; such outage will prevent ALL Service. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to emergency from your line or to access emergency service personnel, as set forth in this document, and applicable Tariffs. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CONVEX9, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE.
4. Warranty and Liability Limitations / Indemnification
Convex9 shall not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1. Act or omission of an underlying carrier, service provider, vendor or other third party; 2. Equipment, network or facility failure; 3. Equipment, network or facility upgrade or modification; 4. Force major events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 5. Equipment, network or facility shortage; 6. Equipment or facility relocation; 7. Service, equipment, network or facility failure caused by the loss of power to Customer; or 8. any other cause that is beyond Convex9's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed or degradation of voice quality. Convex9's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.
In no event shall Convex9, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Convex9 was informed of the likelihood of any particular type of damages.
Customer agrees to defend, indemnify, and hold harmless Convex9, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services or the Device. This paragraph shall survive termination of this Agreement.
Convex9 makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Convex9 does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither Convex9 nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Convex9's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Convex9's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by Convex9 or Convex9's agents or installers are informational and are not given as a warranty of any kind.
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Convex9 reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if Convex9 determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Convex9's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Convex9's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will defend, indemnify, and hold harmless Convex9 against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
5. Governing Law / Resolution of Disputes Any dispute or claim between Customer and Convex9 arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the USA Arbitration Association in accordance with its Commercial Arbitration Rules. The parties agree that no arbitrator has the authority to: (a) award relief in excess of what this Agreement provides; or (b) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
The Agreement and the relationship between you and Convex9 shall be governed by the laws
in USA without regard to its conflict of law provisions. You and Convex9 agree to submit to the personal and exclusive jurisdiction of the courts located within USA . The failure of Convex9 to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
6. Privacy
Convex9 Service may utilize, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Convex9 is not liable for any lack of privacy that may be experienced with regard to the Service. Please refer to our Privacy Policy at www.Convex9.com for additional information.
7. Refund Policy
Refund cheque will be sent to
the customers after receiving the Convex9 VoIP device
along with the power adaptor in full working condition.
If the customer has
deposited the device deposit through online payment
system, the refund will be made to the address confirmed
by the customer in USA through cheque. Please note that
Convex Communication LLC shall not be responsible for
the delay caused due to postal / courier / banking
delays in delivering of the cheque.
You will not be eligible to receive
any refund towards the Convex9 VoIP adaptor if the VoIP
device is not received in full working condition and the
VoIP device is not received within 60 days from the date
of disconnection. In such cases the device deposit will
be adjusted towards Convex9 VoIP adaptor.
8. Changes, Notices
Except where expressly prohibited by law, the Customer agrees to accept notices to this agreement electronically, either by e-mail or by web site posting. Notices to Customer of any changes to these "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the Convex9 Void Services Web Site. Notice will be considered received by Customer, and such changes will become binding on Custo mer, on the date posted to the Convex9 Web Site and no further notice by Convex9 is required.
9. Entire Agreement
This Agreement, the accompanying work order, any Terms of Services or other rules now or hereafter specified by Convex9 for the Service, public disclosures and/or any applicable tariff(s) on file with the applicable national laws, international laws, state utility commission or FCC shall constitute the entire agreement between Convex9 and Customer with respect to the subject matter hereof, and supersedes all previous written agreements between Convex9 and Customer with respect to the services provided hereunder. Acceptance of the Service shall constitute acceptance of the terms and conditions herein.
