TERMS AND CONDITIONS
This Customer Service Terms and Conditions Agreement (“Terms and Conditions“ or “Agreement”) governs all the terms and conditions associated with a Customer's (“you," “user" or "Customer") use of the communications services and any related products or services ("Service") offered by or through the Send2SIP.com and Send2SIP.net websites by Callcentric, Inc. (“we," "us”, “Send2SIP”, or “Callcentric”).
Online Acceptance
By using this website, mobile app, or platform on which these Terms and Conditions are posted, you signify your acceptance of them, and the Privacy Policy ("Privacy Policy"). If you do not agree to all of these Terms and Conditions, and the Privacy Policy, do not use this Site.
Since signing up for Send2SIP services is an online transaction, it is understood between Send2SIP and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
- Services Provided.
- Send2SIP offers the Customer the ability to forward or simultaneously ring telephone calls to a telephone number(s) provided by Send2SIP, which are then transported using VoIP (Voice over Internet Protocol) to a customer provided SIP (Session Initiation Protocol) URI (Uniform Resource Identifier). A complete list of Send2SIP services can be found on the Website (www.Send2SIP.com).
- Send2SIP does NOT provide 911 / E911 services.
You understand and agree that the Send2SIP Service cannot be used without existing telephone service provided independently by you, and the Service by itself does not allow the placing or receiving of telephone calls, including calls to or from 911 or other emergency services. You will not be able to dial 911 or other emergency service numbers using the Service.
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Service Outages.
- While Send2SIP strives to be 100% available, Service Outages may occur due to Internet Outages, failure of the Public Switched Telephone Network (“PSTN”), failure of the Send2SIP network or Service, or your carrier or any intermediary carrier blocking, failing, or mis-routing calls destined to the Service.
- Send2SIP does not provide any guarantee that the service will be available at any time, and will not reimburse you for the failure or inability to use the Service.
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Prohibited Uses.
- Unlawful. You shall use the Service only for lawful purposes. Send2SIP reserves the right to immediately terminate your Service if, in our sole and absolute discretion, Send2SIP determines that you have used the Service for an unlawful purpose. In the event of such termination, Send2SIP in its sole discretion may block or prevent you from using the Service in the future. If Send2SIP believes that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Send2SIP will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the Patriot Act or USA Freedom Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
- Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. Send2SIP reserves the right to immediately terminate your Service if, in our sole and absolute discretion, Send2SIP determines that you have used the Service in any of the aforementioned ways. In the event of such termination, Send2SIP in its sole discretion may block or prevent you from using the Service in the future. If Send2SIP believes that you have used the Service or the Device in any of the aforementioned ways, Send2SIP may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Send2SIP will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc, from the government under the Patriot Act or USA Freedom Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
- Tampering with the Service. You shall not attempt to reverse engineer, hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
- Numbers provided by Send2SIP
- Telephone numbers provided to you by Send2SIP in connection with the Service are not provided to you exclusively, and may be used by multiple other customers. As such, you agree that you have no ownership, interest, or rights to the telephone number(s) you are provided by the Service. Telephone numbers provided by Send2SIP to You for the purpose of using the Service are not eligible for Local Number Portability (“LNP”) and you may not port a Send2SIP assigned number away to a different service, service provider, or carrier.
- The telephone number(s) provided by the Send2SIP Service are located in the United States. You are solely responsible for any charges your telecommunications carrier(s) bill you for forwarding, simultaneously ringing, or in any way connecting to the telephone number(s) provided by Send2SIP to provide the Service.
- Service Distinctions. The Service is not a telecommunications service and Send2SIP provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that Send2SIP provides. The Service is subject to different regulatory treatment than telecommunications services. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
- Incompatibility With Other Services. The Service provided by Send2SIP may not be compatible with other telecommunications services offered by Send2SIP, its parent or affiliated companies, or telecommunications services provided by other companies, carriers, or service providers.
- Service Availability. To access Send2SIP's Services, the Customer must have access to a high-speed internet connection as well as an existing telephone number and service that allows forwarding or simultaneously ringing calls to the Send2SIP Service, and is compatible with the Send2SIP Service. Send2SIP will not reimburse the Customer for any extra charges assessed by Customer's internet provider or telephone carrier as a result of using their services to access the Send2SIP Service.
- Opening an Account.
In order to become a Send2SIP customer, the Customer must complete in full an application form
located on the Website (www.Send2SIP.com). As part of the application, the Customer will be
required to provide Send2SIP with a unique Username, and a password. Send2SIP will then send the
Customer an electronic notification (in the form of an e-mail message), containing a
verification link to activate their Send2SIP account.
- Usernames/Passwords. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL CHANGES TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, SEND2SIP CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT. If a Customer suspects that their Account, Username and/or Password is being used in an unauthorized manner, the Customer shall be required to contact Send2SIP within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsibility to provide Send2SIP with a secure e-mail address as Send2SIP will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons.
- Email Notification The Customer is responsible for both maintaining a current and operational e-mail address and for reading all e-mail notices from Send2SIP. It is expressly understood by you that e-mail notification will be the only manner by which Send2SIP will communicate with You regarding updates to its services and information pertaining to Your Account. You may also view information regarding your Account by logging into your Send2SIP Account on the Send2SIP website.
- Consent to e-Mail Communications. By entering into this Agreement, You consent to both the receipt of electronic mail ("e-mail") from Send2SIP and that e-mail communication shall be the sole manner by which Send2SIP shall contact Customer. In addition to sending a Customer e-mail notifications as provided for above, Send2SIP may also send a Customer e-mails about services and products the Company believes may be of interest to you. A Customer may opt-out of future e-mails about products or services by contacting Send2SIP by Contacting Us via our website or in writing. Send2SIP reserves the right, however, to continue to e-mail Customer important information relating to their Account, this Agreement or other regulatory communications.
- Ownership of Account. Send2SIP will not make any adjustments to a Customer's Account information nor send the Username or Password unless provided with information Send2SIP deems necessary at its sole discretion. A Customer can request their password be sent to them at any time via email by clicking the "Forgot Password" link on the sign-in page.
- Termination.
- Discontinuance of Service. Send2SIP reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If your Service is terminated due to your breach of any provision of this Agreement, Send2SIP may at its sole discretion block or prevent you from using the service in the future.
- Cancellation. A customer may discontinue use of the Send2SIP service at any time.
- Send2SIP reserves the right, at its sole discretion and for any reason, to terminate this Agreement and the Customers access to its Service.
- Agents. Send2SIP does not authorize any third-party agents or resellers to sell the Send2SIP service, electronically or through phone cards, unless specifically authorized by Send2SIP. If contacted by an agent, a Customer is required to contact Send2SIP to confirm that the contacting agent is licensed and authorized by Send2SIP to provide these services. If a Customer fails to confirm authorization of a third-party agent or reseller of Send2SIP, Customer cannot hold Send2SIP liable and expressly releases Send2SIP from any representation made by an unauthorized third-party agent or reseller.
- Access to Third-Party Vendors. Send2SIP Customers may also purchase various products and services from third-party vendors by accessing those third-party vendors directly through Send2SIP's Website via click throughs or hyperlinks. Send2SIP is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. Send2SIP provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by Send2SIP of the site or the products/services offered through that site.
- Customer Service. The Send2SIP Service is provided free of charge and without any form of customer service or support. If a Customer has any questions, concerns or complaints about the Service, we can be contacted via our website, however we cannot guarantee you will receive a response.
- No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
- Limitation of Liability. SEND2SIP SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. SEND2SIP WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF SEND2SIP HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, SEND2SIP SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
- No Warranties. SEND2SIP DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
- Force Majeure. Send2SIP shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of Send2SIP.
- Indemnity. Customer agrees to indemnify, defend and hold Send2SIP, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website and Service, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, Customers use of the Website, the Send2SIP Service, and/or your transactions/communications with third-party vendors initiated via the Website.
- Exclusive Jurisdiction and Venue. Any suit involving any dispute or matter arising under this Agreement may only be brought in the United States District Court, Eastern or Southern Districts of New York located in the State of New York or the Supreme Court of the State of New York, County of New York, which shall have jurisdiction over the subject matter of the dispute or matter. Customer hereby expressly consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY SEND2SIP UNDER THE TERMS OF THIS AGREEMENT.
- Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Send2SIP, including but not limited to "Send2SIP”, "Send2SIP.com”, “Send2SIP.net” (collectively "Marks") are and shall remain the exclusive property of Send2SIP and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of Send2SIP.
- Assignment Send2SIP may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of Send2SIP, and such permission and/or authorization shall be in the sole discretion of Send2SIP.
- Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect.
- Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between Customer and Send2SIP with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and Send2SIP.
- Governing Law. This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York.
- Waiver. Send2SIP's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision hereof nor Send2SIP right to enforce a provision upon the Customer.
- Term. The term of this Agreement shall be from the inception of a Customers Account until termination.
- Privacy Policy. To learn about how Send2SIP protects the Customers personal information, refer to Send2SIP's Privacy Policy on the Website.
- Compliance with Laws. Send2SIP shall comply with all applicable federal, state and local laws and/or regulations regarding the provision of the services provided for under this Agreement.
- Use. Customer agrees to use Send2SIP's service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Send2SIP reserves the right to immediately, and without notice, terminate, or otherwise discontinue, a Customers Account in the event it determines that a Customer has violated any such term, condition, law and/or regulation.
- Content. You will be responsible for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using the Service (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. Send2SIP reserves the right to terminate or suspend your Services and remove you or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Send2SIP's action or inaction under this Section will not constitute any review or approval of you or your Users' use or content.
- Legality. SEND2SIP MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. SEND2SIP IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE SEND2SIP SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCEPTING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING SEND2SIP FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION.
- Modifications/Amendments. This Agreement may be modified or amended by Send2SIP at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. YOUR CONTINUED USE OF YOUR ACCOUNT WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS.
--Updated September 27, 2016