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ITP Terms

 

Terms and Conditions

ITP, Inc.

I. THE AGREEMENT

These Terms and Conditions constitute the agreement (the "Agreement") between Internet Telephone Provider, Inc.. ("ITP", us or we) and the user ("you", "your", "user" or "Customer") of ITP’s residential and small business communications services and any related products or services ("Service"). For purposes of the Agreement, "you" means the customer, defined as either (i) the person identified in ITP's account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s).

BY ENROLLING IN, USING, OR PAYING FOR THE ITP SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING ITP AT THE TOLL FREE NUMBER ON THE FIRST PAGE OF YOUR INVOICE, OR THE CUSTOMER SERVICE NUMBER LISTED AT WWW.ITPVOIP.COM, FOR FURTHER DIRECTIONS.

The Agreement governs the Service and any devices, such as the Analog Telephone Adapter or any other IP connection device  or software ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understand, and you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms.

ITP may change the Terms and Conditions of the Agreement from time to time. Notices will be considered given and effective on the date posted at www.itpvoip.com . The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions.

The rates and charges for the Service, which may be found at www.itpvoip.com, are effective as of January 1, 2005 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.itpvoip.com (see Rates and Terms & Conditions link) or call us either at the toll-free number listed on the first page of your invoice, or  the customer service number listed at www.itpvoip.com .

 

II. EMERGENCY CALLING SERVICE EMERGENCY DIALING

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.

B. Service Outage:

1. Power Outage
You acknowledge and understand that Emergency Calling Service dialing does not function without power. Should there be an interruption in the power supply, the Service and Emergency Calling Service dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment before using the Service or Emergency Calling Service dialing.

2. Broadband Service Outage
You acknowledge and understand that service outages by your broadband provider will prevent ALL Service including Emergency Calling Service dialing.

3. Service Outage
Due to Suspension of Your Account You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including Emergency Calling Service dialing.

4. Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including Emergency Calling Service dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

5. Limitation of Liability and Indemnification
You acknowledge and understand that ITP's liability is limited for any Service outage and/or inability to dial Emergency Calling Service from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless ITP, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including Emergency Calling Service dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel.

C. Failure to Designate the Correct Physical Address for Emergency Calling Service Dialing:
The address which the Customer indicated on the sign-up information is the address which is applied to your Service for Emergency Calling Service dialing. Should you need to change this address, you must contact ITP Customer Service immediately to correct this address. It may take up to three business days to put through a change of address or update of an address. Failure to provide the current and correct physical address and location of your ITP equipment will result in any Emergency Calling Service communication you may make being routed to the incorrect local emergency service provider.

E. Requires Re-Activation if You Change Your Number:
You acknowledge and understand that Emergency Calling Service dialing does not function if you change your phone number unless and until you have contacted ITP Customer Service and have been informed by them that your new Emergency Calling Service service address is re-activated. Emergency Calling Service dialing must be re-activated. Although you may have activated Emergency Calling Service dialing with your former ITP phone number, you must separately activate Emergency Calling Service dialing for any new number.You acknowledge and understand that Emergency Calling Service dialing does not function if you change your phone number unless and until you have contacted ITP Customer Service and have been informed by them that your new Emergency Calling Service service address is re-activated. Emergency Calling Service dialing must be re-activated. Although you may have activated Emergency Calling Service dialing with your former ITP phone number, you must separately activate Emergency Calling Service dialing for any new number.

D. Change of Physical Location of ITP Equipment:
You acknowledge and understand that Emergency Calling Service dialing does not function properly or may not function at all if you take your equipment with you away from the address or physical location that you have designated.

E. Requires Re-Activation if You Move:
You acknowledge and understand that Emergency Calling Service dialing does not function properly or at all if you move or change the physical location of your ITP equipment to a different street address, unless and until you have successfully contacted ITP Customer Service and received confirmation from them that your Emergency Calling Service dialing is active. Emergency Calling Service dialing must be re-activated although you may have activated Emergency Calling Service dialing using your former address, and you must separately activate Emergency Calling Service dialing for any new physical address. Failure to provide the current and correct physical address and location of your ITP equipment will result in any Emergency Calling Service dialing you may make being routed to the incorrect local emergency service provider.

F. Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Calling Service:
You acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of an Emergency Calling Service communication made using your ITP Equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that Emergency Calling Service dialing from your ITP equipment will be routed to the general telephone number for the local emergency service provider, and will not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider's facilities when such calls are routed using traditional 911 dialing. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.

G. Automated Number Identification:
It is not possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911 to access Emergency Calling Service dialing. ITP's system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

H. Automated Location Identification:
It is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you use Emergency Calling Service dialing. You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

K. Alternative Emergency Calling Service Arrangements
You acknowledge that ITP does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services. By agreeing to these terms you are also agreeing to the terms listed in the 911 disclaimer posted on www.itpvoip.com

 

 

III. SERVICE

A. Term
Service is offered on a monthly basis for a term which begins on the date that ITP activates your account (the "Activation Date") and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you contact ITP via telephone to cancel. Cancellation cannot be processed via email.  You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, plus any applicable disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

B. Activation Fee
Customer will be charged an activation fee. The amount will vary in accordance with the plan selected during signup. This fee is non-refundable and billed upon account activation.

C. Disconnect Fee
ITP does not charge a disconnect fee when cancelling an account.

D. Money Back Guarantee
ITP offers a 30-day money back guarantee, applicable to one primary line per account, not additional or secondary lines. Under terms of the Money-Back Guarantee, ITP refunds the first month of service and waives the disconnect fee.    ITP reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.
User must cancel service within 30 days of the Activation Date. Equipment must be returned within 30 days. Usage must not exceed 500 minutes within the first 30 days of service. User is responsible for any charges for overage, international traffic or directory assistance. Cancellation may take up to two business days. Any usage after contacting ITP is Customers responsibility. Accounts exceeding 500 minutes of usage are not eligible for refund. User may not port away a new phone number (DID) if User cancels within thirty days.

E. Equipment return
All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from ITP Customer Care. User is responsible for return shipping of equipment. No money will be refunded if user fails to meet all above requirements. 
If Equipment is not returned within 30 days, or is returned damaged or in unusable condition, Customer will be billed for the Equipment. ITP reserves the right to charge for the Equipment immediately upon cancellation if: Customer states non-intent to return Equipment; Customer threatens to chargeback; Customer is abusive to ITP staff; or for any other reason ITP deems necessary. In the event the Equipment is not returned and the Customer is charged for the Equipment, it is then the Customer’s obligation and responsibility to contact ITP after returning the Equipment for a refund. Customers must call, write or email ITP to ensure processing of their refund as charges will not be automatically credited. No account can be credited until all equipment has been returned to ITP.   (See section VI for cancelation of service)

F. Residential Use of Service and Device
If you have subscribed to ITP's residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Fax line outbound usage not to exceed 250 minutes per month.  This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from ITP in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay ITP's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. ITP reserves the right to immediately terminate or modify the Service, if ITP determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use. A $1.99 line fee for any customer using an ITP line and/or ITP phone number. 

G. Business Use of Service and Device
If you have subscribed to ITP's ITP Business Plan, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose. You agree that the ITP Business Plan does not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. ITP reserves the right to immediately terminate, modify or upgrade the Service, if ITP determines, in its sole discretion, that Customer's Service is being used for any of these. If you have a residential plan and using the Services for business purposes ITP reserves the right to cancel.

H. Notice of Rate Changes
ITP may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Changes to any other rates, charges, or terms or conditions in the Agreement will be published at www.ITPVOIP.com and will be incorporated by reference into this Agreement.

I. Rounding Policy
For billing purposes, the length of each metered call is rounded as described in each Calling Plan. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent.

J. Calls to International Mobile Telephones; International Special Services Calls
ITP's advertised rates for international calls are generally the rates charged for calls to landline telephones. Some calls to international mobile telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones. The rates you will be charged are set forth in the calling plan rate tables and are typically designated by a "MOB, "cellular", "mobile",’AudioText’, “Special Services” or "M" notation.

K. Timing of Calls
Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom ITP must interconnect in order to terminate calls to foreign countries) designate a call as "answered" when the called party's line rings or after a certain number of rings, and will charge ITP for a completed call. In these situations, ITP will charge for the call as if it were answered by the called party.

L. Use of Service and Device by Customers Outside the United States:
While we encourage use of the Service within the United States to other countries, ITP does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.

M. Loss of Service Due to Power Failure
The Service does not function without power. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure equipment before using the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including the Emergency Calling Service calling feature.

N. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on ITP's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of ITP are and shall remain the exclusive property of ITP and nothing in this Agreement shall grant you the right to license or to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by ITP, which ITP reserves the right to prohibit in particular cases or generally, you promise that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless ITP against any and all liability arising out of your use of such interface device with the Service.

O. Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from ITP. ITP reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus any applicable disconnect fee, all of which immediately become due and payable.
ITP also reserves the right to process payment for any equipment that has been damaged, rendered non-functional, modified, neglected, poorly maintained or involved in accidents, or any act of God.

P. Theft of Service
You agree to notify ITP immediately, in writing, by electronic mail or by calling the ITP customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service. Notwithstanding anything herein to the contrary, credits will not be issued for charges resulting from fraud that arises out of third parties hacking into your equipment or the internet. This includes, but is not limited to, modem hijacking, wireless hijacking or other fraud arising out a failure of your internal/corporate procedures. ITP will not issue credit for invoiced charges for fraudulent use resulting from your negligent or willful acts or those of an authorized user of your service.

Q. Number Transfer on Service Termination
ITP may, solely at ITP's discretion, release the telephone number that was ported in to ITP by you and used in connection with your Service provisioned by ITP to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) your ITP account is completely current including payment for all charges and applicable disconnect fees; and (iii) you request the transfer upon terminating your account. Customer will not be able to port away the telephone number if Customer cancels within thirty days of the Activation Date.

R. Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by ITP. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Any customer of ITP that is billed by ITP will be accessed a $1.99 E911 and a line fee in addition to a $0.99 gross receipt surcharge.

S. Collect Call and Operator Services
ITP does not offer collect call or operator services via this Service.

T. International DIDs or phone numbers
Customers that have international (non-United States) direct inward dial phone numbers ("DIDs") are provided with these numbers based on current United States and overseas regulations. These regulations are subject to change without notice and ITP may be required to discontinue this service, without notice. ITP reserves the right to discontinue International DID services for any reason at any time and is only obligated to refund the pro-rated monthly fee.

U. International Services

1. Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit your ability use the ITP services. You must conform to any limitations or restrictions imposed by the foreign carriers or agencies.

2. Foreign Carrier Acts or Omissions.

a. When other U.S. or foreign carriers and foreign telecommunications administrations use facilities to establish connections to points not reached by ITP's network, ITP is not liable for acts or omissions of other carriers or foreign telecommunications administrations.
b. International calls are priced on the basis of the country and city codes dialed by you. When the facilities of other U.S. or foreign carriers are used in establishing connections to points not reached by ITP's network, ITP is not liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number.

V. Surcharges
In addition to surcharges which may be found in the applicable Calling Plan, ITP may adjust its rates and charges or impose additional rates and charges in order to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from others or pay to others in support of statutory or regulatory funds or programs ("Governmental Charges").

W. Taxes

1. All taxes, tax-like charges, and tax-related surcharges are referred to collectively as "Tax(es)." ITP may elect to impose and collect such Taxes, unless otherwise constrained by court order or direction.


2. You agree to pay all Taxes imposed. If ITP has collected Taxes and a challenged Tax is found to have been invalid and unenforceable, ITP, in its sole discretion, will either reduce service rates for a fixed period of time in the future in order to flow-through to customers an amount equivalent to the amounts collected, or it will credit or refund such amounts to affected customers (less its reasonable administrative costs), if the amounts collected were retained by ITP or if they were delivered to the jurisdiction and returned to ITP, or it will negotiate an arrangement with the jurisdiction to provide a future benefit for customers in that jurisdiction.


3. If you provide ITP with a duly authorized tax exemption certificate, ITP will exempt you in accordance with law, effective on the date ITP receives the certificate.


4. Taxes on ITP's net income will be ITP's responsibility.


5. If you are required by the laws of any foreign tax jurisdiction to withhold income or profit taxes from a payment, within 90 days of the withholding, you will provide ITP with official tax certificates documenting remittance of the taxes. The tax certificates will be in a form sufficient to document qualification of the taxes for the foreign tax credit allowable against ITP's U.S. corporate income tax, and will be accompanied by an English translation. Upon receipt of the tax certificate, ITP will issue you a credit for the amounts represented thereby.

X. Local phone numbers.

Upon signup, the customer is required to choose a phone number. Based on availability ITP will assign the phone number chosen. In the event that the exact number is not available, ITP does not guarantee that the requested phone number will be assigned exactly as chosen, only a phone number that is local to it.

Y. Use of ITP Service with Non Voice Devices.

You acknowledge that ITP may not be compatible with all non-voice equipment such as, but not limited to, security systems, satellite receivers, services such as TiVo and DirecTV, medical monitoring devices, credit card machines and computer modems. By agreeing to our Terms you waive any claim against ITP for any failure, interruption or interference pursuant to use of these devices. Additionally, ITP will not be responsible for any issues that arise regarding use through your home telephone wiring or network setup.

Z. Special Offers, Discounts, Promotions and Rebates.

If a promotional or plan benefit (such as an equipment upgrade, free month or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your keeping ITP service for a specific length of time, then the specified period begins on the Order Date. If you terminate your service (early) before that period of time expires, then you will be subject to an Early Termination Fee. The applicable Early Termination Fee is assessed based upon the plan you select.  On our 12-month agreement the ETF will be calculated at $20 or greater per month based upon the plan you select.  On business accounts, the ETF will be $50, per line, per month with a minimum amount of $500. The ETF is pro-rated based upon the number of months in the term of the agreement for your selected plan. Proration may not necessarily coincide with your bill cycle, and may include a balloon payment at the end of the proration schedule. You are responsible for all usage charges that are outside of the promotional or plan benefit. If you attempt to disconnect service for one or more of your lines before the end of your current service term, you will be responsible for all the charges for your current term that are applicable to the disconnected line(s), including unbilled charges, plus an Early Termination Fee per line. Cancellation is effective on the date we cancel your plan. Annual prepayment plan charges are not subject to refund. If your service is cancelled before the end of your billing cycle for any reason by you or us, there are no pro-rated refunds. Charges for any overages, payphone calls to ITP toll free numbers, and out-of-plan international calls or any other features and services outside your plan are separately billed and charged to your selected payment method after cancellation. In addition, if you obtain a product or service from us (e.g., a phone Adapter) for which a rebate or benefit was given to you that was conditioned on maintaining your ITP service for a specified length of time, and you disconnect service before the end of that period, you agree to pay us the applicable recovery fee and/or Early Termination Fee. If we disconnect your service for any reason, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any applicable disconnection, Early Termination Fees and any recovery fees. All Charges Owed at the Time of Disconnection will be Immediately Payable. At the time of disconnection, we will immediately charge the credit or debit card you have provided to us for payment, for all amounts due at that time. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus. Any Rebate (ie. 12th month rebate) or any promotion that is not redeemable upon signup or has a delay date, and will be applied at a later date; in order to receive the promotion or rebate the customer is required to mail to ITP a rebate/coupon or send an email to ITP that clearly states the customer’s name, address, account number, date of activation and website that the promotion was offered. All promotional pricing expires after 6 months of service. Thereafter, standard charges will apply. Standard per minute rates will apply to all virtual and toll-free numbers.

IV. RESTRICTIONS ON THE USE OF SERVICE

A. ITP offers its services subject to availability of facilities, limitations of service offerings, and the provisions of this Agreement.

B. Services provided by ITP under the Agreement will not be used: (1) For any unlawful purpose; (2) For making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audiotext services; (3) For Call Centers or group sales without ITP's explicit written authorization (Specialized plans may be tailored to suit your needs); (4) For international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; or (5) For business usage under a residential Service plan.

C. ITP may (1) deny, for any lawful reason, your request for service, or (2) limit or allocate the facilities available to or utilized by any Service, if necessary, to manage its network in an efficient manner; meet reasonable service expectations; furnish service to existing and future customers based on forecasted customer requirements; or for any other lawful reason.

D. ITP may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges ("NXX exchanges"), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever ITP deems it necessary to take such action to prevent (1) the unlawful use of service; (2) nonpayment for service; (3) the use of service in violation of this Agreement; or (4) network blockage or the degradation of service furnished to you or other customers.

V. PAYMENT OBLIGATIONS

A. You must provide ITP with a valid credit card number when the Service is activated. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft, you must advise ITP immediately and replace that credit card with a valid credit card.  A valid credit card or debit card must be on your account at all times. ITP will automatically process payments for all charges, including but not limited to: activation fees, any invoices, monthly Service fees, advanced feature charges, equipment purchases, non-returned equipment and shipping and handling charges. Any charges not included in your rate plan and any additional usage charges are billed after each billing period. At any time during a customer's billing cycle, should a customer cancel or downgrade any plan or service, ITP will not prorate a credit. If ITP changes its rates, recurring monthly charges affected by such change will be assessed at the new rate for the full billing period during which the new recurring charge rate became effective.

B. ITP may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with ITP is declined or reversed, your credit card expires and you have not provided ITP with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to ITP for all charges accrued before termination and for all costs incurred by ITP in collecting such amounts, such as (but not limited to) collection costs and attorney's fees.

C. You are responsible for payment of all charges for services furnished to you and anyone authorized by you to use your service. This responsibility is not changed by virtue of any use, misuse, or abuse of your service undertaken or caused by third parties.

D. You must promptly notify ITP of any change in your invoicing address or, if applicable, in the credit card or bank account used for payment. You should notify the ITP Customer Care Department by e-mailing ITP at the following address: cs@ITPVOIP.com.

E. If Customer is on an invoiced plan, ITP may invoice Customer for Services on a monthly basis in advance and all payments are due and payable by Customer without demand or setoff within thirty (30) days from the invoice date (the "Due Date"). Amounts not paid within twenty-nine (29) days of the invoice date will be considered past due. If you make any late payments, and we bill you for the Services, we will charge you a late fee, which we apply to that period's charges and any outstanding charges and late payment charges that remain unpaid at the time of the next bill. If the state law where you receive the ITP services requires a different rate, we will apply that rate.

F. If ITP becomes concerned at any time about your ability to pay for services, ITP may require that you pay its charges within a specified number of days and that you make such payments in cash or the equivalent of cash.

G. If ITP hires a collection agency to collect, or attempt to collect, any charges owed ITP, you will be liable to ITP for an additional payment equal to 35% of the charges owed, where permitted by applicable law. If ITP incurs any fees or expenses, including attorneys' fees, in collecting, or attempting to collect, any charges owed ITP other than by hiring a collection agency, you will be liable to ITP for the payment of all such fees and expenses reasonably incurred.

H. If billing systems or other support is not available for a service, feature, surcharge, tax or other charge element at the time of service provision, ITP will bill for that service, feature, surcharge, or other charge element as soon as it is capable of doing so.

I. No Credit Allowances for Interruption of Service. You acknowledge and agree that the Service is provided "as is." Credit allowances for interruption of Service, including international calling services, will not be provided.

J. ITP reserves the right to charge an administrative fee of $25.00 for each charge customer disputes without first:

      a) Contacting ITP's billing department and receiving a confirmation number

      b) Or Sending a certified letter to ITP's billing department and clearly  stating dispute with billing

 

VI. CANCELLATION OF SERVICE

Cancelation is effective on the date we cancel your plan. Annual prepayment plan charges are not subject to refund. If your service is cancelled before the end of your billing cycle for any reason by you or us, there are no pro-rated refunds. Charges for any overages, payphone calls to ITP toll free numbers, and out-of-plan international calls or any other features and services outside your plan are billed and charged to your selected payment method after cancellation. If we disconnect your service for any reason, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any applicable disconnection, Early Termination Fees and any recovery fees. All Charges Owed at the Time of Disconnection will be Immediately Payable. At the time of disconnection, we will immediately charge the credit or debit card you have provided to us for payment, for all amounts due at that time. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus. (See Section IIIE for equipment return)

A. By the Customer

1. All cancellation requests must be made by phone. Returning your equipment to ITP without notifying Customer Care will not terminate your service and you will remain liable for all costs and fees associated with your account.


2. If you cancel your Service with ITP, you will not be able to use the Device or Equipment.


3. Cancellation may take up to two business days.


4. Your credit card will be charged for any usage and/or nonreturned equipment after contacting ITP to cancel your Service.


5. Activation and shipping fees are nonrefundable under any circumstances.  See section III(B).  After cancellation, ITP adapter must be returned.  Once ITP receives all equipment, then account will be credited.  See section III(E).  No credit can be issued until all equipment has been returned.


6. Porting a telephone number away from ITP does not automatically cancel your account or downgrade your services.  It is your responsibility to inform ITP via telephone of such actions and follow regular cancellation procedures.

 

B. By ITP

1. ITP reserves the right to discontinue furnishing services, cancel your account, and/or block your access to ITP network, without incurring any liability, immediately and without notice if ITP deems that such action is necessary to prevent or to protect against fraud or to otherwise protect ITP's personnel, agents, facilities, or services. Without limitation, ITP may take such actions if:

a. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service;


b. You indicate that you will not comply with a request for security for the payment for services;


c. Your service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud;


d. You have been given written notice by ITP of any past due amount (which remains unpaid, in whole or in part) for any of ITP's or an affiliated carrier's service to which you either subscribe or had subscribed or used;


e. You either refuse to pay when billed for service or indicate to ITP or an entity billing on ITP's behalf that you do not intend to pay for service used by you;


f. You use, or attempt to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by (i) using or attempting to use service by rearranging, tampering with, or making connections to service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;


g. You act, or fail to act, in a manner that hinders or frustrates any investigation by ITP or others having legal authority to investigate your legal obligations;


h. Your telephone equipment fails to pass back to ITP the appropriate signal to start and stop billing for a call;


i. You were previously provided with notice of breach of contract, took corrective action, but thereafter engage in the same breach activity; or


j. You act in a manner that is threatening, obscene, harassing, or abusive to ITP personnel.


k. You act in violation of sections III. D. or III. E. above.

2. ITP reserves the right to discontinue furnishing services, cancel your account, and/or block your access to ITP network, without incurring any liability, immediately upon written notice to you if:

a. Any invoice charges remain outstanding and owed by you after the 30th day from the date of the invoice notifying you of the charges; or


b. You fail to comply with a request by ITP for security for the payment for services.

3. The discontinuance of service(s) by ITP pursuant to these provisions does not relieve you of any obligation to pay ITP for charges due and owing for service(s) furnished up to the time of discontinuance. ITP may charge you a Disconnect fee if your service is canceled pursuant to either section VI. B. 1. or VI. B. 2. above.

VII. LIABILITY

A. ITP will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of ITP's facilities, commencement of service or postponement due to shipping issues beyond ITP’s control.

B. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by ITP, ITP's liability, if any, will be limited as follows:

1. With respect to the routing of calls by ITP to public safety answering points or municipal emergency service providers, ITP's liability, if any, will be limited to the lesser of: (a) the actual monetary damages incurred and proved by you as the direct result of ITP's action, or failure to act, in routing the call, or (b) the sum of $1,000.00.

2. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by ITP, for example, Directory Assistance, ITP's liability will be limited to the lesser of: (a) the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (b) $100.00.

3. ITP shall not be liable for any delays or incompletion or costs or charges pursuant to a delay or incompletion in local number portability (LNP).

C. IN NO EVENT WILL ITP BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT ITP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

D. ITP will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of service furnished by ITP, including:

1. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via ITP service; and

2. All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the service, in connection with any service provided by ITP.

E. ITP MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT.

ITP DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON ITP'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY ITP.

F. ITP will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in ITP offerings made to you, or for damages associated with service, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with ITP services.

VIII. DISPUTE RESOLUTION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.

A. Binding Arbitration
The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. Sec. 1-16. Both you and ITP have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. You agree that the appropriate jurisdiction for the arbitration is the State of New York and you agree to submit to that jurisdiction. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitrator may not award punitive, exemplary or similar damages. The parties agree that an award of such damages will be void if issued.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND ITP BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

B. Arbitration Information and Filing Procedures

Before you take a dispute to arbitration or to small claims court, you must first contact our Customer Care Department representative at the customer service number on your ITP invoice for the Services, or write to us, and give us an opportunity to resolve the dispute:

You must describe your dispute and provide ITP with any supporting documentation. Likewise, if ITP has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration.

ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.

C. Fees and Expenses of Arbitration
Each party must pay its own expenses associated with any arbitration, including its attorney's fees. If you file a request for arbitration, you will have to pay a filing fee in accordance with the AAA fee schedule. Under AAA rules, some costs such as the arbitrator's fees and expenses will be allocated between the parties.

D. In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency.

IX. MISCELLANEOUS PROVISIONS

A. Entire Agreement.
These Terms and Conditions constitute the entire Agreement between you and ITP, and supersede any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.

B. No Obligation to Assist in Switching Carriers.
If you either voluntarily cancel your ITP account or if ITP cancels your service for any reason set forth above, ITP will have no obligation whatsoever to assist you in any respect in switching from ITP to another carrier.

C. Assignment.
Customers may not modify or assign this Agreement. In its sole discretion, ITP may assign this Agreement.

D. No Waiver of Rights.
If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.

E. Binding Effect.
This Agreement is binding upon you and ITP and upon, respectively, your and ITP's agents and heirs.

F. Severability.
If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.

G. Governing Law and Forum Selection.
This Agreement is governed by and construed under the laws of the State of New York and applicable federal law, without regard to its choice of law principles, except that the arbitration provisions in Section VII shall be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the services. You further agree that the appropriate jurisdiction for the arbitration is the State of New York, and you agree to submit yourself and any claim you may have against ITP to jurisdiction in the State of New York.

H. Survival.
Any liability or obligation of a party to the other party under the provisions of Sections I, II, IV, V and VII as applicable, will, in each case, survive cancellation or termination of this Agreement.

I. Headings of No Force or Effect.
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.

© 2003 Internet Telephone Provider, Inc.


 

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