The Terms and Conditions described herein, hereafter “Terms and Conditions,” apply to the FaxFreedom internet faxing service provided by FreedomVOICE, including all optional features and related services, hereafter referred to as “the Service,” as provided to a customer of FreedomVOICE, hereafter referred to as “the Customer.”
The Customer’s Service is subject to a “30 Day Money-Back Guarantee” from the date the Service is activated. If, during that time, the Customer is not fully satisfied with the Service, the Customer may cancel the Service and receive a refund. This refund will first be applied to pay any unpaid balance on the Customer’s account. This refund is to include the initial monthly system rental and all initial options except: vanity phone number activation, transferred phone number activation, 800-prefix number activation, charges for faxes outside of the included plan usage, and charges for faxes originating-from or terminating-in locations outside of the Service’s domestic faxing area (including Canada, See 3b).
Any charges for additional features or usage added to the Service after the initial activation will not be refunded as part of the 30 Day Money-Back Guarantee. After such 30 day period, the 30 Day Money-Back Guarantee will expire and the Service may be cancelled without refund with 30 days written notice (See 13).
Included and additional fax page rates for the Service assume a standard fax transmission rate of one minute per page, billed in six-second increments as one-tenth of a page. A fax page that takes greater or less than a minute to transmit will be corrected based on this standard transmission rate.
For example, a one minute and twelve second fax page would be billed as one and two-tenths pages, while a thirty-six second fax page would only be billed as six-tenths of a page. It is the experience of FreedomVOICE that the vast majority of fax pages transmitted through the Service take less than one minute per fax page.
On subsequent monthly intervals, the Customer will be charged for the Service’s ongoing monthly system rental, any optional features chosen that have recurring monthly fees, and for usage (billed in 6-second increments) of the Service that either:
If the Customer is using a toll free number from FreedomVOICE, any calls from payphones to these numbers carry a 54¢ surcharge per call, mandated by the FCC, which is passed on to the Customer at cost. Some optional features require exceptional data storage. Storage for 2GB of audio and fax media, and bandwidth transfer of up to 20GB per month, is included with the Service. Excess storage and/or bandwidth usage may result in an additional charge of $9.95 per month for each additional 2GB / 20GB block used. Taxes, duties and similar charges for both phones and the Service will be added where applicable and are payable by the Customer. All prices are subject to change based upon actual usage and profitability. Any price changes will be posted on “WebLink”; or other web portal for using the Service, and the Customer’s continued use of the Service following notice of the price changes will constitute the Customer’s consent to such changes.
If the Customer is paying for the Service by credit card, all charges will be automatically deducted. Monthly rental/service fees are payable in advance of each month’s Service. Additional call charges and any other applicable charges are billed subsequent to the end of each month’s Service, except in the case that outstanding additional call charges exceed $18.75 within a given month, whereupon these call charges will be invoiced on the next Friday. It is the Customer’s responsibility to maintain sufficient balance on the provided credit card account to allow for settlement of charges.
If the Customer is paying for the Service by check, the Customer is responsible for immediate payment of invoices. Returned checks will result in a $25 fee applied to the Customer’s account balance.
Interruption of the Service may be experienced in the event that the account balance is not maintained in the manner described above. A late fee of 1.5% per month may be applied to any unpaid account balance along with a processing fee of $10 per month. Any Customer disputes of the amounts invoiced or charged must be submitted in writing to FreedomVOICE within ninety (90) days of the date of the applicable charges and, if not so disputed, the Customer waives any objection and further recourse with respect to such charges.
If the Customer is a using local area telephone number(s) as part of the Service, this number will be assigned according to the proximity of the address the Customer provides to FreedomVOICE. However, it is the Customer’s responsibility to confirm whether the number(s) are in the local calling area of the callers the Customer intends to reach with the Service (if desired). FreedomVOICE does not assume responsibility for any of the Customer’s advertising cost losses due to a number not being within the local area of callers to the Service.
It is specifically understood and agreed that the Customer shall be using the Service solely for lawful and appropriate purposes and the Customer hereby agrees to indemnify and hold FreedomVOICE harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning the Customer’s use in any manner of the Service provided herein. In the event that FreedomVOICE is brought into or required to respond to any action arising from or concerning the Customer’s activities, the Customer agrees to indemnify and hold FreedomVOICE harmless from all arbitration, court and attorney’s costs and fees.
FreedomVOICE reserves the right to immediately discontinue, disconnect, limit, or revoke the Service without warning to the Customer should the Customer, at the sole discretion and determination of FreedomVOICE, cause any type of activity or load which is incompatible with FreedomVOICE’s network, causes quality of service issues, or otherwise impairs the ability of FeedomVOICE to maintain or provide service to other customers. In the case that the Service is suspected of being misused by the Customer, including for fraudulent activity, FreedomVOICE reserves the right at its sole discretion to immediately terminate the Service and inform the public that the Service is believed to have been used for inappropriate business. FreedomVOICE shall not be liable for any direct or indirect damages resulting from a decision to discontinue, disconnect, limit, or revoke the Service with or without warning or for informing the public about the possibility of inappropriate business.
FREEDOMVOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FREEDOMVOICE DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST FREEDOMVOICE MUST BE MADE WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND FREEDOMVOICE SHALL HAVE NO LIABILITY THEREAFTER.
The Service, although reliable, is not guaranteed. Liability for interruption of the Service and/or a lack of quality of the Service, including but not limited to errors and omissions relating to a directory listing and CNAM, shall be limited to a maximum of the sum of two months rental cost for the Service. FreedomVOICE reserves the right to interrupt the Service for maintenance and systems upgrades at its discretion.
FreedomVOICE shall not be liable for any delay in the Service or performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, power failure, equipment failure, interruption of broadband or high-speed internet access, or other causes beyond the reasonable control of FreedomVOICE.
IN NO EVENT SHALL FREEDOMVOICE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE PROVIDED HEREUNDER, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF FREEDOMVOICE OR OTHERWISE, EVEN IF FREEDOMVOICE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
It is specifically understood and agreed that the Service and all programs and formats associated with the Service provided under these Terms and Conditions are FreedomVOICE’s proprietary materials and information. It is also specifically understood and agreed that the Customer shall not, and shall not permit or encourage others to, without the prior written approval of FreedomVOICE, copy, duplicate, communicate, disclose, modify, adapt, decompile, reverse engineer, disassemble, prepare derivative works of, or attempt to derive source code from the Service or any programs or formats associated with the Service covered by these Terms and Conditions.
FreedomVOICE reserves the right to make changes to these Terms and Conditions or the Service as a result of changes in applicable regulations or for other reasons in FreedomVOICE’s reasonable discretion. In the event of such changes, FreedomVOICE will post the changes on “WebLink” or other web portal for using the Service, and the Customer’s continued use of the Service following notice of the changes will constitute the Customer’s consent to such changes.
It is specifically agreed that FreedomVOICE may identify the Customer as a customer of FreedomVOICE and include the Customer’s name and any applicable logo in FreedomVOICE’s marketing materials that identify FreedomVOICE’s customers.
Service may be cancelled by the Customer at anytime upon 30 days written notice to FreedomVOICE.
These Terms and Conditions shall be governed by the laws of the State of California and any disputes or controversy arising hereunder shall be arbitrated or adjudicated in San Diego County, State of California. The Customer hereby consents to personal jurisdiction for all claims of any nature concerning the Customer and FreedomVoice in San Diego, California and specifically consents to service of process being effectuated by certified mail at the Customer's address.
In the event that any action is brought to enforce or construe any of these Terms and Conditions, or for the breach of these Terms and Conditions, or to collect unpaid amounts due under these Terms and Conditions, or concerning the indemnification clause contained herein, FreedomVoice shall be entitled to recover, in addition to all other damages, reasonable attorney's costs and fees.
In the event that FreedomVoice deems it necessary to utilize the services of a collections agency to recover an unpaid amount due under these Terms and Conditions, FreedomVoice shall be entitled to recover any collections agency costs and fees, as they relate to this unpaid amount, as a condition for reinstatement of the Service.
These Terms and Conditions contain the entire understanding and agreement of the parties with respect to its subject matter and supersede all prior understandings or agreements regarding such subject matter. In the event of any conflict between these Terms and Conditions and the terms of any purchase order or acknowledgement, these Terms and Conditions shall control.