Customer
agrees to the monthly
usage and term commitments
it may have selected on
any forms by and between
1Voice Worldwide (services
provided by ComTech21)
(the “Company”),
and Customer. Customer
warrants that all information
contained herein or on
any service order forms
or attachments thereto
is accurate. Term plans
automatically renew for
successive 12-month periods
unless Customer provides
written notice of its
election to terminate
at least sixty (60) days
prior to the end of the
then current term. In
the event of a breach
of contract by Customer;
Customer is liable for
a termination fee equal
to the average of the
three (3) previous month's
invoice amounts for all
locations multiplied by
the number of months remaining
under the service period.
Additional termination
charges may apply. Customer
understands that the Company
reserves the right to
terminate my/our Services
if I/We experience an
adverse credit performance.
All past due invoice amounts
are subject to interest
at a rate of 1.5% per
month or the highest rate
allowed by law. Customer
agrees to pay all costs
of collections, including
reasonable attorney's
fees incurred by the Company
in the collection of any
and all breach of contract
actions, bankruptcy (all
forms), and past due amounts.
A fee may be charged for
checks returned for insufficient
funds. Customer is liable
for all usage on Services
subscribed to including
but not limited to fraudulent
calls. Customer shall
defend and indemnify 1Voice
Worldwide and ComTech21
from all claims related
to customer's use of the
Services. Written notice
of any dispute must be
submitted within thirty
(30) days after the invoice
date or such invoice shall
be deemed correct and
binding. Customer shall
indemnify and hold harmless
1Voice Worldwide and ComTech21,
their employees, and agents
from any liability resulting
from claim, action or
suit resulting from the
provision and deliver
of the Services including
any pre-existing contractual
obligations between Customer
and a third-party. Customer
understands and agrees
that you have no property
rights to any telephone
number assigned to you.
Customer acknowledges
that 1Voice Worldwide
and ComTech21 are not
liable for any errors
or interruption in the
services, whether within
or outside the control
of 1Voice Worldwide and/or
ComTech21. Under no circumstances
shall the customer hold
1Voice Worldwide or ComTech21
responsible for any form
of damages or losses (including
without limitation any
direct, indirect consequential
or incidental damages
or losses) suffered from,
but not limited to errors,
delays, loss of information,
or interruptions in service
caused by the customer,
1Voice Worldwide, ComTech21,
or a third party's negligence,
fault, misconduct or failure
to perform or from any
fault, failure, defect
or deficiency in any service,
labor, material work or
product furnished in connection
with these Services. Customer
understands that telecommunications
and/or network access
services may be temporarily
unavailable for scheduled
or unscheduled maintenance
and for other reasons
within and outside of
the direct control of
1Voice Worldwide and/or
ComTech21. The Company
reserves the right to
change rate plans with
thirty (30) days advance
written notice to Customer.
Customer understands that
they are responsible for
any additional charges
for extended inside wiring.
Emergency
Calling Service
A. Non-Availability
of Traditional 911 or
E911 Dialing Service:
You acknowledge and understand
that the Service does
NOT support traditional
911 or E911 access to
emergency services. Prescient
Worldwide offers a limited
Emergency Calling Service
available only on Prescient
Worldwide Devices as described
below, but you acknowledge
and understand that such
Emergency Calling Service
dialing is different in
a number of important
ways from traditional
911 services, as described
herein. Prescient Worldwide
Emergency Calling Service
dialing is available only
on Prescient Worldwide-certified
Devices or Equipment.
You agree to inform any
household residents, guests
and other third persons
who may be present at
the physical location
where you use the Service
as to the non-availability
of traditional 911 or
E911 dialing from your
Prescient Worldwide Service
and Device(s). If you
activate Prescient Worldwide
Emergency Calling Service
dialing, you agree to
inform any household residents,
guests and other third
persons who may be present
at the physical location
where you use the Service
as to the important differences
and limitations of Prescient
Worldwide Emergency Calling
Service dialing as compared
with traditional 911 or
E911 dialing, as set forth
in this Agreement.
B. Description
of Emergency Calling Service-Type
Dialing Capabilities -
Activation Required Prescient
Worldwide does offer an
Emergency Calling Service
that is different in a
number of important ways
from traditional 911 services.
When you dial 911, your
call is routed from the
Prescient Worldwide network
to the Public Safety Answering
Point (PSAP) or local
emergency service personnel
using the address that
you provided to Prescient
Worldwide. You acknowledge
and understand that when
you dial 911 from your
Prescient Worldwide Equipment
you will be routed to
the general or administrative
telephone number for the
PSAP or local emergency
service provider, and
will not necessarily be
routed to the 911 dispatcher(s)
who are specifically designated
to receive incoming 911
calls using traditional
911 dialing. Additionally,
some PSAPs may from time
to time refuse to accept
calls from VoIP providers
such as Prescient Worldwide.
As described herein, this
Emergency Calling Service
dialing currently is NOT
the same as traditional
911 or E911 dialing, and
at this time, does not
necessarily include all
of the capabilities of
traditional 911 dialing.
VoIP
Return Policy
Terms of Money back if
not satisfied with VoIP
Service
How it Works
If you’re not satisfied
with the quality of service
or the hardware fails
to work properly, you
have 30 days to contact
us and request that your
service be cancelled.
Hardware failure is only
valid when the equipment
is connected directly
to the broadband modem
connection. We do not
support any additional
hardware connected to
this equipment. (IE-Firewall,
Hubs) You will be charged
a $59.00 equipment fee
upon cancellation, but
if you return your equipment
within 15 days from the
cancellation date, the
fee will be credited to
your account. You are
also responsible for any
partial monthly service
fee, overage, international
or directory assistance
call charges during this
30 day period. All returned
equipment must be in good
condition and in the original
packaging with the UPC
or bar code intact. All
components, manuals and
registration card(s) must
be included. The refund
will not be issued if
you fail to meet these
requirements. If your
service is purchased as
bundled package which
includes your broadband
connection, this return
policy does NOT cover
the broadband connection.
You are responsible for
return shipping. Please
contact Customer Care
to cancel your service
and obtain a return authorization
number. You will be refunded
the equipment fee after
we receive your equipment
within 15 days of service
cancellation. Equipment
returned without a valid
return authorization number
will not be eligible for
a refund.
Wireless
Phone Return Procedures
All Returns and
Exchanges should be shipped
to:
Prescient Worldwide
Mobile Returns
1 Barnes Park South
Wallingford CT, 06489
• Customers may
return any or all wireless
equipment for any reason
within 15 days of purchase.
If Customers return and
we accept the equipment
within this period, we
will refund their equipment
purchase price.
• No loaner phones
can be issued.
• Customers must
return the original box
intact with all components
(phone, charger, battery,
instructions, manual,
etc.). All components
must be in like-new condition.
Equipment is not eligible
to be returned if the
UPC code for the box is
missing. At our discretion,
we may decline their return
or charge a fee for missing
items or items that we
determine are damaged
or require service. Customer
must supply a legible
return address to receive
their refund. Refunds
will only be issued to
the customer name on the
account.
• In accordance
with the Satisfaction
Guarantee, customers must
return their equipment
within 15 days of purchase
to receive a full refund.
If they cancel service
within 15 days of the
purchase of equipment
but do not return the
equipment as required,
they will be responsible
for payment of the $175
early termination fee
in addition to all airtime,
access and other applicable
charges incurred prior
to the termination of
service.
• Equipment returns
will not be accepted after
15 days from the date
of purchase. If customers
return the equipment after
15 days from the date
of purchase, they are
not entitled to receive
a refund and they should
be informed not to return
the equipment.
• If a customer
cancels service after
the 15-day period or prior
to the expiration of the
contract term, they will
be responsible for the
service used and any airtime
access and other applicable
charges accrued on the
account until the service
termination date, including
a $175 early termination
fee.
• Before returning
or exchanging any product
that has data stored in
its memory, please inform
the customer to transfer
all files they wish to
retain to another file
source. Once the product
is returned, the phone's
files cannot be recovered.
Exchanges
• Within 15 days
of purchase customers
may exchange equipment
a maximum of one time
per new line of service.
• In order to make
the exchange, they must
return the original box,
intact with all components
(phone, charger, battery,
instructions, manual,
etc.), in like-new condition.
Customer must supply a
legible return address
to receive their new phone.
Exchanges will only be
issued to the customer
name on the account.
• New equipment
will not be shipped until
the original equipment
is received; this may
result in a period where
they will not have equipment
and therefore service
will be unavailable. All
attempts to minimize this
interruption will be made.
Eligible Defective
Handset Exchanges
• If the customer
experiences an electronic
malfunction as a result
of manufacturing defect
after the return and exchange
period but within the
first year that they own
the handset, we will assist
them in sending the handset
to an authorized repair
facility in accordance
with the original equipment
manufacturer warranty.
• 1Voice Worldwide
can provide Customers
with replacement equipment
at cost plus shipping
and handling. This program
does not cover lost or
stolen handsets. These
policies do not limit
or supersede any existing
manufacturer's warranties.
Damaged, Lost
or Stolen Equipment
Equipment subjected to
neglect, misuse, water
damage, wear and tear
and the like are not eligible
for any return or exchange
program. Damaged, lost,
or stolen equipment is
the sole responsibility
of Customer. If they cancel
service after the 15-day
period or prior to the
expiration of your contract
term, they will be responsible
for the service used and
any airtime access and
other applicable charges
accrued on their account
until the service termination
date, including a $175
early termination fee.
1Voice
Worldwide VON ATA Extended
Equipment Warranty
Prescient Worldwide in
association with 1Voice
Worldwide agrees to provide
an extended warranty on
the company provided Voice
over the Network residential
telephone adapter ("Equipment")
for the sum of $2.99 per
month per piece of Equipment
as defined herein (the
"Extended Warranty").
This Extended Warranty
shall cover any occurrence
whereby the Equipment
becomes inoperable.
Conditions of
Extended Warranty:
1.)
Subscriber agrees to safeguard
the Equipment against
the risk of accident or
misfortune and to use
the Equipment in accordance
with the instructions
provided.
2.)
Subscriber agrees to utilize
the Equipment only in
a reasonable environment
free from undue exposure
to the elements and risk
of damage.
3.)
In the event that the
Subscribers account is
in arrears the claim will
not be processed until
all outstanding amounts
greater than thirty (30)
days have been settled.
4.)
The Company will replace
the Equipment with Equipment
of similar specification,
value and availability
at the time the claim
is submitted.
5.)
Any claim under this Extended
Warranty shall require
that the existing Equipment,
cables and other peripherals
supplied by the Company
be returned to the Company
within thirty (30) days
from the date that the
claim was reported to
the Customer Care Center.
6.)
In the event that the
Equipment, cables and
other peripherals are
not returned to the Company
within thirty (30) days
the Subscriber will be
billed $59 for the replacement
equipment.
7.)
If any claim made under
this Extended Warranty
is fraudulent in any respect
and if any fraudulent
means or device is used
by the Subscriber or any
person acting on the Subscriber's
behalf to obtain any benefit
under this Extended Warranty
all benefits hereunder
shall be forfeited.
8.)
The customer is responsible
for the shipping cost
when shipping the device
back to us.
9.)
The observance of the
conditions set forth above
shall be a condition precedent
to the Company's liability
in relation to any damage
covered by this Extended
Warranty.
10.)
Customer is required to
complete standard technical
support procedures in
order to confirm inoperability
prior to filing a claim.
11.)
Existing customers that
request to sign up for
the extended warranty
program more than 90 days
from activation date shall
be required to pay a implementation
fee of $15.00 then a $2.99
per month fee.
Exclusions:
1.)
This Extended Warranty
does not cover the theft
or loss of the equipment.
The return of the inoperable
Equipment is required
as set forth above.
HOW TO
FILE A CLAIM UNDER THE
EXTENDED WARRANTY PROGRAM
Please comply with all
of the following procedures
to obtain authorization
with minimal delay. Failure
to follow these procedures
could invalidate a claim.
In the event of damage
or breakdown of the Equipment
you must:
1.)
Contact the Customer Care
Center at 800-822-4160
to initiate the claim
process.
2.)
You will be required to
provide a credit card
number and expiration
date in order to facilitate
your claim.
3.)
The claim administrator
will review your claim
and upon completion will
program and ship you replacement
equipment immediately.
The replacement equipment
will be programmed in
the same manner as the
original equipment.
4.)
Please package and ship
back the original damaged
equipment in accordance
with the conditions set
forth above. |