VoIP Full Service - Terms of Service

The company Hi Q Telecom Inc. (hereafter referred to as "HQTelecom") is a seller of VoIP Full Voice Service (hereafter referred to as "Service"). All parties agree that it will conduct business in compliance to all requirements of the law of the state of Florida, United States. 

DEFINITION
The term customer (or you) in this document applies to every person, company or other entity that have opened an account and/or service with HQTelecom.  The customer agrees to all of the terms upon opening an account with HQTelecom using our signup / registration form online, email or phone.

1.  E911 Service.  HQTelecom provides you with phone services over your Internet connection. There is an important difference between the HQTelecom service and the phone service provided over a traditional voice services -- this difference is that the 9-1-1 dialing feature with HQTelecom has important limitations that you should be aware of and that you advise others that may use the HQTelecom service in your residence or business. THE CUSTOMER IS RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE WILL USE THE HQTelecom SERVICE BY LOGGING INTO YOUR ACCOUNT AND PROVIDING A VALID PHYSICAL ADDRESS. IF YOU MOVE THE LOCATION OF WHERE YOU USE THE SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.

2.  E911 Additional limitations:

If you lose power or there is a disruption to power at the location where the VoIP service is used, neither HQTelecom nor the 9-1-1 dial feature will function until power is restored.  You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the VoIP device prior to utilizing the service, including the 9-1-1 dialing feature.

If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither the service nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored. If your HQTelecom account is suspended or terminated, the service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing HQTelecom as compared to traditional 911 dialing over traditional public telephone networks. You are responsible for the accuracy and the completeness of the address that you submit to HQTelecom for the location at which HQTelecom will be used and to which emergency service will be sent in the event that you use the HQTelecom 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which HQTelecom will be used. HQTelecom uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither HQTelecom, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to HQTelecom 9-1-1 dialing service unless such claims or causes of action arise from HQTelecom's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless HQTelecom, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, HQTelecom 911 dialing feature or service or access emergency service personnel.

3.  The customer agrees to follow lawful purposes while using this service. Call usage has to comply with all other applicable laws within their country, state, city.  

4.  HQTelecom will use reasonable efforts to assure obedience to all the requirements of the law of Florida, Unites States about security and confidentiality of any transactions or information.

5.  The customer agrees that he is not provided with the right to start any claim, remedy or action, legal or otherwise may harm HQTelecom in any way that includes but is not limited to financially.

6.  THIS DOCUMENT MAY BE SUBJECT TO CHANGE WITHOUT ANNOUNCEMENT, ALL CHANGES WILL BE POSTED ON THE HQTelecom WEBSITE.

7.  Indemnification.  Customer agrees that it shall defend, indemnify, save and hold HQTelecom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HQTelecom, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HQTelecom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HQTelecom; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.

8.  Service Conditions & Limitations. The customer agrees to use the service for normal residential use not to exceed 3,500 minutes per month (inbound minutes). 

9.  The customer agrees not to use HQTelecom service for telemarketing purposes (Including, but not limited to Automated Dialers, Call Centers and collection agencies). HQTelecom will suspend such activities without warning.

10.  The customer is solely responsible for all usage of his/her account, the safekeeping of the login, and password information. If this information is lost or given to any other party in any way, the customer understands that this will be his sole responsibility. The customer agrees to change his password regularly to protect his account from any suspicious act.

11.  The quality of service is “AS IS”.  The client understands that the service quality may vary depending on a number of factors that are out of HQTelecon’s control, including but not limited to the location of the customer, the quality of the Internet service, and the other factors on the network or platform used by the originating party.  HQTelecom offers no warranty for failure of service.

12.  If customer fails to renew subscription, HQTelecom reserves the right to suspend service immediately after the subscription’s expiration date.

13.  HQTelecom reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. If HQtelecom terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If HQtelecom terminates service for Terms of Service violation, the user is not entitled to any refund.

14.  ALL subscription fees are subject to change anytime and are valid only on the day they are issued.

15.  The customer agrees to not purchase numbers from HQTelecom with the sole intention to port them out to another service. HQTelecom reserves the right, at its sole discretion, to disable the purchase of new numbers from an account that presents this pattern and may charge a port-out fee to allow the port out of numbers removed on this fashion.

16.  At HQTelecom sole discretion, you may incur a port away fee for any number(s) leaving our network as this is a pass-through charge from HQTelecom carrier(s).

17.  HQTelecom agrees to not sell your personal or corporate information to third parties.

18.  The customer agrees not to use his/her iPRIVACY number as his caller ID number on any system or software when making outbound calls related to telemarketing / dialer traffic / polls / mass traffic campaigns, nor will use the iPRIVACY numbers to receive traffic consistent with the aforementioned purposes (mostly short calls, of very short duration). These activities can result in the suspension of service. HQTelecom reserves the right to suspend service without prior notice.

19.  It is the customer's responsibility to verify and test that any number delivered to his/her account is active and working properly before publishing it. Test call(s) should be made from any active landline or cell phones to the iPRIVACY number.  HQTelecom will not be held liable for any damages or expenses arising from not receiving calls on a non-working number. If a iPRIVACY number is confirmed as non-working by HQTelecom, it will be replaced at no additional cost to the customer.

20. Privacy.  HQTelecom utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. HQTelecom makes no claims with regards to the privacy of voice packets transmitted over public networks.

21.  HQTelecom does not encrypt its transmissions, or sensitive parts of customer information in its database. HQTelecom retains the right to voluntary hand over information regarding customers, usage and calls if it is requested by law by governmental organizations.

22.  HQtelecom reserves the right to monitor the activities on its customers’ account via the customer portal.  If HQTelecom suspects any adnormal activity, we reserve the right to deny or suspend customer access to the system. In this case, the customer will not held HQTelecom accountable for any inconvenience, financial loss or other issues related to this security measure.

23.  Refunds.  If for any reason, the customer ask for a refund for the service fee paid, HQTelecom will refund the prorated amount based on the date the service was activated (e.g. your phone number was issued or ported in), and the number of months paid, as follows: 

Month 1 – 100% refund
Month 2 – 90% refund
Month 3 – 80% refund
Month 4 – 70% refund
Month 5 – 60%  refund
Month 6 – 50% refund
Month 7 – 40% refund
Month 8 – 30% refund
Month 9 – 20% refund
Month 10 – 10% refund
Month 11 or later – 0%

Notes:
(1) Above refund policy does not apply to activation / setup fees.
(2) Above refund policy does not apply to equipment purchases. 

24. Disclaimer.  HQTelecom shall not be responsible for any damages you or your business may suffer. HQTelecom makes no warranties of any kind, expressed or implied for services we provide. HQTelecom disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to deliver service, we cannot guarantee uptime or availability of service and do not issue refunds or credits for outages.

25.  Terms Changes.  HQTelecom may change the terms and conditions of this Agreement from time to time.  Notices will be considered given and effective on the date posted on our website. These changes will become binding and effective the date they are posted to our website. No further notice by HQTelecom is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.