1. Service
a. Acceptance
of Terms:
FedPhoneLine
(8776440 Canada Inc.) will be referred to in this document as the
"Company". The service requester services will be referred to in this
document as the “Customer” or “Account Holder”.
Company reserves
the right to change, modify, update prices (Price Plans, Features, special
numbers, etc.) add or remove portions of the Terms of Service at any time
without direct notification to subscribers.
The Customer must check these Terms of Service for changes. The Customer's
continued use of this website and of the Company's service following the
posting of changes to the Terms of Service will be considered an acceptance of
those changes.
b. Term:
Service
is offered on a monthly basis as selected at the time of subscription. Fees are
fully earned and non-refundable.
Subsequent terms of
this Agreement will be renewed automatically on the same term as selected by
the Customer unless the Customer terminates the services by accessing their
account on fedphoneline.com/login.
The account, services, and monthly subscription will be terminated at that
time.
It
is also the Customer's sole responsibility to verify and review their invoices
and periodically check-in on the status of their account and update credit
cards or other payment methods as may be necessary. If the Customer notices any
discrepancies, or if their account is compromised in any way, the Customer is
responsible to immediately notify Company of any required changes.
c. Commercial Use
of Service and Device:
Company services
are provided solely to the Account Holder to be used by ONE intended
correspondent. The Customer cannot resell, transfer, or share Company's
services to any other person, different Account Holder, or correspondent, for
any purpose. FedPhoneLine numbers are for personal use only and not
intended for commercial use. If Customer transfers to a different Institution, the Customer can transfer their FedPhoneLine number at no extra cost. The Customer will have the same FedPhoneLine Calling package as their previous account. Customer can only transfer the FedPhoneLine number ONE time. The Customer cannot initiate two transfers for a single FedPhoneLine number.
d. Lawful Use of
Company's Services and Devices:
The
Customer agrees to use Company's services solely for lawful purposes.
Company's services cannot be used for
transmitting or receiving any illegal, harmful, threatening, abusive,
harassing, defamatory, obscene, sexually explicit, profane, racially or
ethnically disparaging remarks or otherwise objectionable material of any kind.
This includes, but is not limited to, any
material that encourages conduct that would constitute a criminal offence, give
rise to a civil liability, or otherwise violate any applicable local, state,
provincial, national or international law.
Company reserves the right to terminate service
immediately and without advance notice if the Customer violates the above
restrictions.
Company reserves the right to refuse service to
any person for any reason, including but not limited to the actions listed in
Section 4(e) of these Terms.
The Customer must
be at least 18 years of age to register for an account. If the Customer
is not yet 18 years of age, a parent or guardian must sign up for the
account using their own payment information. If the account is approved,
the adult will be responsible for all payments to the account.
e. Theft of
Service:
The
Customer agrees to notify Company immediately, in writing or by email, if the
Customer becomes aware that his or her service is being stolen or used
fraudulently. When contacting Company, the Customer must provide the account
number and a detailed description of the circumstances of the said Company
theft or stolen or fraudulent use of Company services.
Failure to do so in a timely manner may result
in the termination of the Customer's service and additional charges to you.
Please note that it is the Customer's responsibility to secure any credentials
provided to them by Company.
f. Number Transfer
on Service Termination:
Company
cannot transfer (or port) the number to another provider or upon termination of
Company's services.
g. Long Distance
Exclusivity:
It
is understood that Company has the authority to direct the Customer's calls
through the prison/jail to Company's lines (if appropriate).
h. Regular Usage:
Company
Customers must note that the service provided are solely for regular
residential or use.
The Customer shall not resell or transfer the
service to another party without prior written consent from Company. The
Customer is also prohibited from using the service for auto-dialing,
telemarketing, fax or voicemail broadcasting or fax or voicemail blasting.
We reserve the right to immediately terminate or
modify a Customer's service if we determine that his or her use of the service
is, or at any time was, inconsistent with normal residential usage patterns.
In addition, the Customer will be required to
pay our rates for telecommunication service for all periods in which his or her
use of the service or the device was inconsistent with personal use.
i. Fraudulent
calls:
The
Customer is solely responsible for the security and integrity of their VoIP gateway,
and acknowledges that any usage charges resulting from unauthorized access to
their gateway or network by a known or unknown party will be invoiced to the
Customer.
j. Proprietary
Rights:
The
Customer acknowledges and agrees that all content available on this website is
protected by copyright, trademarks, service marks, patents, trade secrets, or
other proprietary rights and laws.
Except as expressly authorized by Company Inc.,
the Customer agrees not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit,
or create derivative works from such materials or content.
Notwithstanding the above, the Customer may
print or download one copy of the materials or content on this website on any
single computer for their personal, non-commercial use, provided the Customer
keeps intact all copyright and other proprietary notices.
Systematic retrieval of data or other content
from this website to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from Company Inc.
is prohibited. In addition, use of the content or materials for any purpose not
expressly permitted in these Terms of Service is prohibited.
As noted above, reproduction, copying, or
redistribution for commercial purposes of any materials or design elements on
this website is strictly prohibited without the express written permission of
Company Inc.
2. Service Outage:
a. Power Outage:
The
Customer acknowledges and understands that Company's services may not function
in the event of a power failure. Should there be an interruption in the power
supply; services may not resume until power is restored.
b. Service Outage
Due to Suspension of the Customer's Account:
The
Customer acknowledges and understands that service outages due to suspension of
his or her account as a result of billing issues will prevent any calls from
being made or received.
c. Other Service
Outages:
The
Customer acknowledges and understands that if there is a service outage for any
reason, such outage will prevent any calls from being made or received. Such
outages may occur for a variety of reasons, including but not limited to, those
reasons described elsewhere in this Agreement.
3. Service Limitations
IMPORTANT
INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE:
This service is
designed for redistribution of incoming calls only. NO out bound calls can be
connected through this service.
There are no 911
services available or applicable to this service.
4. Charges / Payments / Default / Taxes / Termination
a. Invoicing:
Company
will provide invoices stating the recurring fees for the upcoming term. The
invoices will be provided via Email upon successful payment and within the
respective account on the second day of the month. Invoices are due and
automatically billed per the billing provisions selected by the customer at the
time of subscription. Call History Logs for the account, outlining all calls
placed to the FedPhoneLine number associated with the account within the
current term, will be provided on the account profile. Customer Call logs reset
on the 1st of each month when a new term begins. Call logs can only be
retrieved for the current month (and not for previous months). Customer is
responsible for reviewing the Call Logs if the Customer suspects any type of
discrepancy in Per Call fees taken from Top Up balance prior to the current
term ending. Top up balances are only applicable to Collect Call
Accounts.
A late
payment charge applies when a credit card or debit payment is rejected for 5
consecutive days. A late of $20.00+tax will be applied after the 5th day of non
payment to cover costs of manual reactivation of the account.
b. Billing
Disputes:
The Customer must
notify Company via email within seven (7) days after receiving their credit
card statement if there is dispute of any Company charges or such dispute will
be deemed waived.
Billing disputes should be reported to the following address: support@fedphoneline.com
Any billing dispute
or chargeback made by the customer directly to their credit card company or
financial institution, in lieu of notifying Company of the dispute, will result
in a service interruption to any account with corresponding Customer
information. Pending the result of the dispute, the service interruption may
result in account termination of any account belonging to Customer.
c. Payment:
Company accepts the
following payment methods: Pre-authorized credit card withdrawals (Visa &
Mastercard ONLY) and electronic credit card debit (Visa Debit and MasterCard
debit).
The customer's
initial use of services, after having submitted credit card or bank account
information with the express request to be used for pre-authorized payments,
validates Company's processing of the provided information for the due
charges. The customer must notify Company of any changes in payment
information by accessing the respective account and updating their payment
method. The customer is responsible for charges that accrue during
any billing period.
Company may
terminate service at any time at its sole discretion if any charge to the
Customer's credit card or bank account on file with Company is declined and/or
in the case of any other non-payment of account charges.
In the case of
termination of service for declined card or bank account or non-payment, the
Customer is fully liable to Company for all charges accrued before termination,
as well as for charges incurred by Company owing to non-payment, such as (but
not limited to) collection costs and attorney's fees.
d. Consent to
Credit Verification:
By Agreeing to
Company's Terms of Service I hereby declare that all the information provided
by me is true, complete and correct to the best of my knowledge. I understand
that this information may be used to determine my credit worthiness and in
order to assess my ability to meet my financial obligations. I authorize fedphoneline.com and
its agents or assigns to:
i.
Request and obtain personal information on an ongoing basis from credit bureaus
from previously collected credit history information;
ii.
Exchange personal information on an ongoing basis with credit bureaus in order
to protect me, to ensure the completeness of the information and to maintain
the integrity of the credit granting system;
iii.
Co-operate with local, provincial and national authorities in the investigation
of unlawful or improper activities in order to protect myself and Company from
fraudulent transactions;
iv.
Disclose my personal information where necessary to protect Company's and my
interests.
v.
I agree that Company may conduct a preauthorization on my credit card, in order
to determine my credit worthiness, which will imply blocking an amount at least
equal to the first invoice. The amount will be released in 48 hours (Note:
certain banks release the amount upon customer's request).
vi.
I acknowledge that based on the result of the credit verification, Company may
request a security deposit which stands as a primary condition for providing
the service. The deposit is calculated as 150% out of the monthly charges, and
might be returned upon request after 12 months of positive payment history.
vii. I
acknowledge that if any infraction of Terms and Conditions resulting in
termination of account and services occur, Company may request a security
deposit which stands as a primary condition to continue providing the service.
The deposit is calculated as 150% out of the monthly charges and will be
applied to account upon request after 12 months of positive payment history. If
for any reason the Customer’s account is terminated due to an infraction of
Terms and Conditions, the deposit will be forfeited, and the Account Holder
will consequently be barred from subscribing to the Company services in future.
e.
Termination/Discontinuance of Service:
Company reserves
the right to discontinue providing services generally, or to terminate the
Customer's service, at any time at its sole discretion.
If Company discontinues providing services generally, or terminates the
Customer's service at its discretion without a stated reason, the Customer will
only be responsible for charges accrued through the date of termination,
including a pro-rated portion of the term's charges.
If service is terminated for any stated reason, including without limitation
violation of this Agreement, or because of any improper use of Company's
services (such as, but not limited to, attempts to hack, disrupt, or misuse
Company's services), the Customer will be responsible for the full charges to
the end of the current term, including without limitation unbilled charges,
plus a Disconnection fee, all of which become immediately due and payable.
In addition to Company's right to terminate the Customer's Services, Company
may restrict, block, suspend or terminate any or all of the Customer' Services
or accounts, without notice to the Customer, if:
i.
Customer is in breach of the Agreement, including non-payment of charges or
non-compliance with any Policies;
ii.
Customer does not maintain Service usage within the prescribed minute limit;
iii.
Customer does not agree with Company billing practices;
iv.
Customer has given any false, misleading or outdated information;
v.
Company reasonably suspects or determines that any of the Customer's account,
identifiers or Services are the subject of fraudulent, unlawful or improper
usage or usage that adversely affects Company's operations or the use of
Company's services, facilities or networks by others;
vi.
Customer harasses, threaten or abuses Company or its employees or agents;
vii.
Customer fraudulently or improperly seeks to avoid payment to Company;
viii.
Company needs to install, maintain, inspect, test, repair, remove, replace,
investigate, protect, modify, upgrade or improve the operation of the Services,
its facilities or networks;
ix.
Any account or service on which the Customer's Services depend is terminated
for any reason;
x.
Company reasonably believes that there is an emergency or extreme circumstance
that would warrant such action.
Customer
acknowledges and agrees that if the services are no longer required, it is the
Customer’s responsibility to access their account profile to terminate the
services. Upon the Service Agreement Termination, Customer will remain
responsible for payment of all outstanding balances accrued on the account if
the Customer requires reactivation of account. Reactivation of account is not
guaranteed. After account termination the customer can no longer access
their account and will not be able to retrieve or request any account
information.
f. Taxes:
Any applicable
sales, use, excise, public utility or other taxes, fees or charges imposed on
Company as a result of providing Company's services or a device will be billed
to the Customer's account. If a Customer is exempt from payment of such taxes,
then that Customer will provide Company with an original government-issued
certificate attesting to tax-exempt status. Tax exemption will only apply from
and after the date Company receives the Tax Exempt Document.
g. Batch Payment
Method:
To make our
customers lives easier, Company uses the batch payment method. This includes
automatic monthly payments. The service will be billed monthly at 2:30 AM EST
on the 1st of each month if the customer opts for automatic monthly
payment. If the payment was unsuccessful the system will automatically try
to charge the card on file, once per day at the same time of day until the 5th
of the month.
After the 5th of
the month, if payment is not made the account is blocked and the customer must
pay a $20+tax late fee which is added to the monthly bill.
h. Referral Program:
All FedPhoneLine Collect Call and Calling Card numbers are
assigned to customers upon signup. At this time, each profile is given a unique
Referral Code. Customers (known as
Person A) can give this Referral Code to any individual creating a new FedPhoneLine
account (known as Person B).
When Person B uses the Referral Code to signup for a
FedPhoneLine Collect Call number or Calling Card number, Person B will save 15%
on their first payment upon sign up and the Person A will save 15% off their
next monthly bill for the FedPhoneLine number associated with the Referral
Code.
The Referral Code can be provided to an unlimited number of
Referees. Persons B who sign up will
always receive a 15% discount off their signup fee. However, Person A will be
able to receive a maximum discount of 75% discount off their monthly bill
within a calendar month.
Each FedPhoneLine number, and corresponding customer
profile, has a unique Referral Code.
When a FedPhoneLine account is transferred due to a location change, a
new customer profile is created and a new FedPhoneLine number is issued to the customer.
The new FedPhoneLine number will have a new unique Referral Code. If a customer
transfers their FedPhoneLine number to a new FedPhoneLine number, discounts
accumulated with the original Referral Code do not transfer to the new FedPhoneLine
account.
No customer may use the Referral Program to violate any
law, infringe or violate the rights of any third party. In addition, no customer may tamper with the
Referral Program, act in an unfair or disruptive manner, or use any system, bot
or other device or artifice to participate or receive any benefit in the
program. Any attempt to deliberately
damage or undermine this Referral Program may result in service interruption to
any account with corresponding Customer information or lead to account termination
of any account belonging to the Customer.
FedPhoneLine reserves the right to cancel, modify or
terminate the Referral Program at any time for any reason. FedPhoneLine reserves the right to disqualify
any Customer at any time from participation in the Referral Program if we have
good faith belief that the Customer has violated any of these terms.
Referral discount information can only be retrieved for the
current month (and not for previous months).
Customer is responsible for checking their Referral discounts for accuracy
and must present sufficient email evidence to FedPhoneLine if there is any discrepancy.
If a customer believes a Referral discount should be applied to a new FedPhoneLine
number that was acquired by transferring a previous account, it is the sole
responsibility of the account holder to inform FedPhoneLine by 6pm EST of the
last day of the current calendar month in which the Referral Code was used.
5. Limitation of Liability:
a. Liability
Company shall not
be liable for any failure to provide its services or any degradation of voice
quality caused by any of the following:
i.
Act or omission of an underlying carrier
ii.
Equipment, network or facility failure
iii.
Equipment, network or facility upgrade or modification
iv.
Force majeure events such as (but not limited to) acts of god: strikes; fire;
war; riot; government actions