Terms of Service
Acceptable Use
Quantumvoice supports the freedom of digital expression and the inalienable right to privacy. Quantumvoice will not exercise editorial control of digital content published or disseminated through the use of resources owned and/or managed by Quantumvoice unless it is a violation of law. Quantumvoice may cooperate with law enforcement agencies and/or third parties in order to investigate any suspected or alleged crime or civil wrong using an established set of guidelines that will be presented upon receipt of a formal request.
Quantumvoice reserves the right to immediately terminate service that is used to (1) threaten bodily harm or the destruction of property, (2) commit traditional or digital fraud, (3) transmit and/or facilitate unsolicited commercial communication, (4) compromise privacy, (5) gain unauthorized access to resources, (6) halt or disrupt networks or services, (7) infringe on intellectual property rights, and/or (8) violate applicable local, state, national or international laws and regulations.
Quantumvoice maintains a zero tolerance for abuse, which includes but is not limited to: SPAM, Phishing, unsolicited port scanning, and denial-of-service attacks. Quantumvoice extends its abuse policy to name servers, websites, server collocations, and other services that either benefit from or support abuse. All complaints will be fully investigated. Customers that knowingly provide and/or support abuse will be immediately terminated and their contact information provided to the complainants involved. In order to prevent network abuse and exploitation, Quantumvoice requires customers to notify it of the existence of any customer hosted MAIL and/or DNS server that utilizes Quantumvoice network resources.
Violations may be reported by emailing abuse@quantumvoice.com or calling 1-800-914-2943 (locations outside of United States and Canada may call +1 734 527-2943). Please include the: (1) The IP Address, domain, phone number, or uniform resource identifier used to commit the violation, (2) date and time that the violation occurred along with the applicable time zone, and (3) evidence of the violation. If action is necessary, Quantumvoice will: (1) issue warnings, (2) suspend service, (3) terminate service, (4) bill for administrative and/or reactivation charges, and (5) bring legal action to collect damages, if any, which result from violations.
Identifiers
Except as provided otherwise by law, the Customer acknowledges that it has no property rights to any information, domain, credentials, phone number, IP address, or other uniform resource identifier ("Identifier") that must be provisioned to use the Service. The Customer agrees that Quantumvoice may modify an Identifier at anytime with reasonable prior notice. In the event Quantumvoice is required by law to transfer any Identifier to the Customer on termination of this Agreement, Quantumvoice shall charge the Customer a fee. Quantumvoice reserves the right to refuse the transfer and/or port of any Identifier provisioned from its inventory.
Quantumvoice does support freedom of choice and waives the right to refuse transfer for Identifiers associated with active accounts that were originally transferred to Quantumvoice by the Customer.
Early Termination and Non Payment
Upon early termination of a service term that is twelve months or greater in length, the Customer will be charged an early termination fee which shall be based on the remaining balance of the entire term unless otherwise specified in the "Service Details" section. The Customer understands that non-payment of any outstanding balances is considered an act of "early termination" and agrees to immediately remit the early termination fee.
Customers are required to provide Quantumvoice with thirty (30) days prior notice before the cancellation of any service. Notifications must include the customer name and account number and should briefly detail which services should be cancelled. Customers may submit notifications by email (cancel@quantumvoice.com) or Fax (+1 734 527 7107). Please note that Quantumvoice will often bundle courtesy services associated with a customer account such as basic fax-to-email. Those services will also be cancelled. Customers must indicate that they wish to keep those services so that they are converted to billable services.
The Customer acknowledges that Quantumvoice reserves the right to restrict and/or revoke all access to servers, content, subscribers, databases, identifiers, and facilities that utilize Quantumvoice resources. Quantumvoice shall not be responsible for any business interruption that may occur as a result of its decision to revoke such access. Quantumvoice shall make reasonable attempts to collect any outstanding balances and will disseminate the details of such attempts to various credit reporting agencies. If unsuccessful, Quantumvoice will employ the services of a collections agency.
The Customer is liable for all expenses that Quantumvoice incurs as a result of its attempt to collect any outstanding balances or early termination fees.
Minimum Commitments and Net Zero Payment Arrangements
The Customer acknowledges that they will be billed for the shortfall that occurs as a result of their failure to meet minimum (revenue) commitments or maintain net payment zero (bill-and-keep) arrangements.
Service Level Agreement
Quantumvoice guarantees 99.9% service availability. Availability does not include regularly scheduled (SUNDAYS 2AM-6AM EST) or emergency maintenance events, or customer caused outages or disruptions. Unavailability events are defined as any outage of the "service" for a period of 10 or more consecutive minutes. The Customer must report service unavailability within 48 hours of the event. Upon confirmation of the event, Quantumvoice will issue a pro-rated service credit that equals the time of Unavailability. If the duration of the event was greater than 15 minutes, the Customer will be issued a service credit of one day.
Liability
The Customer agrees that Quantumvoice shall have no liability for the services, data or information transported across the "service" but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies. The Customer understands that Quantumvoice and delivery of the "service" must occasionally rely on the facilities and services of third parties. Thus, the Customer agrees not to hold Quantumvoice responsible for the failure to deliver the "service" due to the state of facilities (i.e. telco switching or wiring centers, traffic exchange points, gateways, hosts, etc.) not owned and/or under the control of Quantumvoice.
The Customer shall be responsible for all costs and fees associated with the acquisition, installation, and maintenance of any customer premises equipment and local loop related to the "service" unless the customer has purchased a "managed" or "bundled" service from Quantumvoice. Under no circumstances shall Quantumvoice be responsible for this cost. Furthermore, the Customer will be liable and assessed a fee for any missed on site appointment unless the Customer has provided 48-hour prior notice.
The Customer agrees to indemnify and hold Quantumvoice harmless in any legal action which arises as a result of the use of the "service", without limitation or exception including, but not limited to any action brought against the Customer by a third party.
Pricing
The Customer agrees that Quantumvoice may need to modify pricing prior to service delivery. Such pricing modifications shall only be made in the event that Quantumvoice incurs expenses that were unexpected and/or could only be determined once the order had been placed. These expenses may include but are not limited to ILEC construction charges, carrier meet points, line conditioning, long haul transport, and circuit design fees. Prior to service delivery, the Customer may elect to be responsible for and accept the modified pricing or simply cancel the service order. The Customer acknowledges that changes in legislation or market conditions may affect the price and availability of services provided by Quantumvoice and agrees to further indemnify and hold Quantumvoice harmless for any changes that might be necessary to affect a resolve or provide remedy under such conditions. These changes may include increased prices or service termination. Quantumvoice provides no guarantee as to the fitness of use.
Order of Precedence
In the event of any conflict between this Agreement and the terms and conditions of any Service Order, Service Detail, Terms-of-Service, or the product and service information on the Quantumvoice, the order of precedence is as follows: (1) the Service Order, (2) Master Services Agreement, and (3) Terms-of-Service, (4) the Service Details, and lastly (5) the product and services information located at http://www.quantumvoice.com.
Cancellation
It is the sole responsibility of the Customer to notify Quantumvoice 30 days in advance of the cancellation. The effective date of cancellation will be 30 days following the receipt by Quantumvoice of the notification from the Customer.
This date will be used to calculate applicable early termination fees and remaining balances which are immediately due.
Choice of Law and Forum
The Customer agrees that the Terms-of-Service shall be governed by and construed in accordance with the laws of the State of Michigan. The Customer agrees that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or use of Quantumvoice resources shall be filed only in the state or federal courts located in the State of Michigan. The Customer further agrees to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Authorization
The Customer acknowledges that they posses the legal authority to authorize Quantumvoice, its preferred carriers, subsidiaries and/or authorized agents to make any and all inquiries necessary for the purpose of obtaining CPNI records and customer service records from the Customer's existing local and long distance carrier(s) and/or internet service provider in order to acquire the information necessary to provide and maintain services.
Furthermore, the Customer acknowledges that they have the legal authority to authorize Quantumvoice, its preferred carriers, subsidiaries and/or authorized agents to act as the Customer's agent for the purpose of taking any and all actions required (including the removal of any account protection/freezes and any necessary changes to the Customer's current and future services without further permission) required to implement the "service" for all physical service and billing locations including changing long distance carrier(s) and/ or local exchange carrier(s) to Quantumvoice and/or its preferred carriers.
The Customer agrees to indemnify Quantumvoice, its preferred carriers, subsidiaries, and/or authorized agents from any liability resulting from credit inquiry, CPNI or Client privacy issue, or liability to any third-party for any preexisting obligations that the Customer may have regarding local, intralata, intrastate, interstate, and international long distance services.
The Customer immediately authorizes Quantumvoice to procure the "service" and assumes full responsibility for all recurring and non-recurring charges specified on the "Quote and Service Order" page.
Severability and Integration
This Agreement, including all Attachments and all other notices and/or policies made available on the web at http://notices.quantumvoice.com, supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement and use of the Service. There are no other understandings or Agreements unless mandated by the appropriate federal or state government agencies that regulate the industry involved in the delivery of the Service.
