VoIP Phone Terms of Service

 

This is an agreement ("Agreement") between a Residential Customer or an Enterprise ("Customer") and Seneca Communications LLC ("Seneca") for communications services and related features ("Service"). The term "Device" refers to an IP phone, software or any other IP connection device used in conjunction with Service. By activating Service with Seneca, Customer acknowledges that Customer has read and agrees to the terms of this Agreement.

 

1. SERVICE

 

a. Use of Service. Customer authorizes Seneca to verify its creditworthiness with a credit reporting agency to determine customer's eligibility for Service. If Customer is approved for Service, Customer agrees not to resell the Service without the expressed written consent of Seneca. Customer also agrees not to use Service for any unlawful or abusive purpose or in such a way as to create damage or risk to Seneca's business, reputation, employees, facilities, and third parties or to the public in general. Customer has no proprietary or ownership rights to or interest in a specific phone number or phone numbers ("Number") assigned to you by Seneca, and the number is not portable to any other service provider. Customers who choose to use the Service outside the United States do so at their own risk. Seneca cannot care for any Customer who uses the Service outside the United States. Seneca does not guarantee that the Service will work outside of the United States.

 

b. Term. The term of this Agreement depends on the plan, feature or promotion you select and is described in a separate calling plan, or rate plan ("Calling Plan") materials provided by Seneca. Customer agrees that it has reviewed the appropriate plan materials and fully acknowledges and agrees to the term of the Calling Plan. The term of this Agreement begins on the date that Seneca activates Service for the Number(s). Customer agrees to purchase the Service for the entire term. The term of the Service shall continue for the number of full months applicable to the term selected. If Customer attempts to terminate Service prior to the end of the term, you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, in addition to a $39.95 disconnect fee for each line (communications port) you disconnect from the Device(s), all of which immediately become due and payable. After the expiration of Customer's Calling Plan, Customer will be required to sign up for a new Calling Plan (it may choose from all Calling Plans that are available at that time) in order to continue receiving Service from Seneca.

 

c. Calling Plans Allowing Unlimited Calls. Certain Calling Plans allow you to place unlimited calls within limited geographic areas such as local, local toll/zone, within a state, state-to-state or another country. The Calling Plan the Customer selects describes the geographic calling area allowing unlimited Customer calling (“Unlimited Calls”). Unlimited Calls does not include operator assisted calls, pay-for-service calls, pay-for-information calls, any call that causes a third-party charge for the call or any calls to location outside of the geographic calling area described in the Calling Plan.

 

d. Unauthorized Usage. Customer may not program the Number into any equipment or infrastructure in or on which the number is intended or used as the origination or destination of a communication other than the Device that was provided by Seneca. Calling Plans with Unlimited Calls cannot be used with an auto-dialer, certain automated switching equipment, fax blasting, fax broadcast or from a call center. Customer may not change the electronic serial number or equipment identifier of the Device. If the Device is stolen or Service is fraudulently used, Customer must immediately notify Seneca and provide such documentation and information as Seneca may request which includes, but is not limited to, a copy of a filed police report. Customer agrees to cooperate with Seneca in any fraud investigation and to implement any fraud prevention measure Seneca prescribes. Failure to provide reasonable cooperation will result in your liability for all fraudulent usage. A Small and Medium Enterprise Customer agrees to use the Device or Service for business use only. A residential customer agrees to use the Device or Service for residential use only. This means that you are not using Service 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, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Customer agrees to advise Seneca if service usage changes from either residential or business use.

 

e. Exchange Policy. If Customer receives cartons and/or devices that are damaged or fails to work with the Service, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Seneca's customer care department immediately. Customer may exchange its Device for a like/kind Device.

 

f. Loss of Service Due to Power Failure. Customer acknowledges and understands that Service does not function in the event of power failure.  Should there be an interruption in the power supply, Service will not function until power is restored.  A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.  Power disruptions or failures will also prevent dialing to emergency service numbers including 911.

 

g. No Service Without an Internet Connection. Customer acknowledges and understands that Service does not work without a continuous Internet connection of 384 kbps (down)/128 kbps (up). This Service uses a voice over Internet protocol (“VoIP”) to communicate over the Internet. In general, this means sending voice information in digital form in discrete packets rather than in the traditional circuit-committed protocols of the public switched telephone network.

 

2. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

 

a. Billing and Payment of Charges. Customer is responsible for paying all charges posted to its account, including but not limited to, monthly Service, activation fee, usage charges, calls to geographical areas outside your Unlimited Calling Plan, operator assisted calls, pay-per-service calls, pay-for-information calls, any call that causes a third-party charge for the call, advanced feature charges, Device charges, shipping, and others. Charges, including disputed amounts, must be paid by the date shown on the invoice. Seneca calculates all domestic U.S. rates and Canada in six (6) second increments, rounded up to the nearest six second increment with a minimum call duration of thirty (30) seconds, commencing upon the first use of any services being provided. International rates vary and are posted on Seneca’s web site. All International calls, except Canada, are billed in sixty (60) second increments, rounded up to the nearest sixty (60) second increment. You can call customer support at Customer agrees that (a) it would be impractical to determine the exact amount of Seneca's damages if you fail to pay promptly, and (b) in the event of such failure, Customer shall pay Seneca the amount due plus liquidated damages of one and one-half percent (1.5%) per month (or any portion thereof) of any amount unpaid when due. Liquidated damages shall be eliminated or reduced to the extent permitted by applicable law. If Seneca accepts late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of Seneca's rights hereunder nor will it constitute an accord or satisfaction. Seneca reserves the right to bill and collect weekly or otherwise than monthly if the amount due in any point of a month is greater than $100. Invoices are due and payable on receipt.

 

b. Credit Card Charges. If Customer pays by credit card, it authorizes Seneca to charge the credit card account number for Seneca charges that accrue during the billing cycle. Customer reauthorizes Seneca to charge its designated credit card account each time it uses Service and/or as required by the Calling Plan Customer chooses. This authorization will remain valid until 30 days AFTER Seneca receives written notice from Customer terminating Seneca’s authority to charge your credit card. It is expressly understood and agreed that the term for Service will automatically renew for a similar term until such time as Customer notifies us in writing of its intention not to renew. Seneca may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Seneca is declined or reversed or any other non-payment of account charges.  Termination of Service for a declined card, reversed charges or non-payment leaves you FULLY LIABLE to Seneca for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Seneca resulting from your non-payment, such as (but not limited to) collection costs and attorney's fees. You will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, Device charges, plus a disconnect fee, all of which immediately become due and payable.

 

c. Theft of Service. Customer agrees to notify Seneca immediately, in writing, via email at www.billing@senecacom.net or by calling the Seneca customer support at 888-235-2564, 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 prior to receipt of written notice by Seneca customer support or billing.

 

d. Default/Termination. Seneca reserves the right to terminate Service at Seneca's discretion. Seneca may discontinue the Service, for any reason including without limitation, if it has reason to believe that there have been attempts to hack or disrupt the system, or that the Service is being misused in any way. In the event of Customer default -- i.e. Customer does not pay any sum when due, breach any representations you made to Seneca, failure to perform any of your obligations set forth in this Agreement between Customer and Seneca, are suspected by Seneca of committing fraud, harming Seneca's network, harming Service to other customers, using Service with an auto-dialer, certain automated switching equipment, from a call center, or using Service in any way that damages Seneca -- Customer will reimburse Seneca for its attorneys' and expert witnesses' fees and costs of investigation, collection and similar expenses incurred by Seneca in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.

 

e. Taxes. Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Seneca as a result of providing the Service or a Device will be added to Customer's account when imposed or required by law. If Customer is exempt from payment of such taxes, it will provide Seneca with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from the date Seneca receives the Tax Exempt Document.

 

f. Notice of Billing Disputes. You must notify Seneca in writing within 7 days after receiving your credit card statement or invoice if you dispute any Seneca charges on that statement or invoice or such dispute will be deemed waived by you.  Billing disputes should be notified to the following address:

 

Customer Service Billing Department

Seneca Communications

Suite 510

28 North Saginaw Street

Pontiac, Michigan 48342

 

Or

 

Via email: billing@senecacom.net

 

Customer is responsible for describing, in detail, the specific charges that are disputed.

 

g. Device Returns in the Event of Calling Plan Termination. If any Device(s) was provided to Customer in conjunction with the signing of a Calling Plan, and the Calling Plan is terminated for any reason, Customer must return the Device(s) to Seneca within 30 days of termination. Customer's must return Device undamaged and in good working condition with original packaging. Customer is responsible for return shipping of the Device to Seneca. Failure to do so will result in charging Customer's account and/or credit card $100 per line (communications port) on the Device(s).

 

h. Number Transfer Upon Termination of Service. Seneca will arrange for the transfer of the telephone number used in connection with the Service provisioned by the Seneca to you upon your termination of the Service, provided (i) your account has been terminated and (ii) your Seneca account is completely current including payment for all charges and disconnect fees and (iii) you request the transfer upon terminating your account. 

 

3. LIMITATIONS

 

a. Limitation of Liability. Seneca's nonperformance hereunder shall be excused and Seneca shall not be liable if caused by act or omission of an underlying carrier; equipment, network or facility failure; equipment, network or facility upgrade or modification; acts of god; strikes; fire; war; riot; government actions; equipment, network or facility shortage; equipment or facility relocation or causes beyond Seneca's control, including without limitation the failure of an incoming or outgoing call, including 911 emergency dialing to be connected or completed, or degradation of voice quality. Seneca's liability for any failure or mistake shall in no event exceed Service charges during the affected period. Seneca is not liable for any incidental or consequential damages of any type.

 

b. Indemnification. Customer agrees to defend, indemnify, and hold harmless Seneca, 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 911 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, or the Device.  This paragraph shall survive termination of this Agreement.

 

c. No Warranties on Service. Seneca makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Seneca does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Seneca nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Seneca's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Seneca's or its service provider's or vendors' negligence.  Statements and descriptions concerning the Service or Device, if any, by Seneca or Seneca's agents or installers are informational and are not given as a warranty of any kind.

 

d. No Warranties, or Limited Warranties, for Devices. Seneca warrents the Device to be free of defects. Customer is entitled to a replacement of a like/kind Device by Seneca free of additional charge in the event of any Device defect.

 

4. EMERGENCY 911 DIALING SERVICE

 

Customer acknowledges and understands that the Service does NOT support traditional 911 or E911 access to emergency services.  Seneca 911 service is NOT automatically available. You must notify customer support of your request for 911 service. 911 service is only available after Seneca customer suport sets up you service. Customer support will set up your service if it is available in your area. 911 service is dependent upon the address and information about the location you are calling from to provide 911 service. You understand and acknowlege that Seneca 911 serivce will not work until Seneca customer support completes the 911 set up process. When you dial 911, your call is routed from the Seneca network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation.  You acknowledge and understand that when you dial 911 from your Seneca Device you will be routed to the general telephone number for the PSAP or local emergency service provider, and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing. You WILL NOT receive 911 service if you change your physical address and/or other information about the location from where you are calling and fail to notify Seneca customer support in suffecient time to implement this change. 911 service will not be available if you have a power outage, your broadband service does not work or your Service is not working for any reason.

 

5. RESOLUTION OF DISPUTES

 

a. Mandatory Arbitration. Any dispute or claim between Customer and Seneca arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

 

 b. Cost of Arbitration. All administrative fees and expenses of arbitration initially will be divided evenly between Customer and Seneca. In all arbitrations, each Party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing Party shall be awarded all attorneys' fees and costs attendant to each arbitration proceeding. The decision of the Arbitrator shall be final. The location of arbitration shall be Michigan, unless otherwise agreed to by both Parties in writing.

 

6. CHANGES TO THIS AGREEMENT

 

Seneca may change the terms and conditions of this Agreement from time to time.  Agreement and Calling Plans will be posted on Seneca’s website at www.senecacom.net and supercedes all previouly agreed to electronic and written Terms of Service. Notices will be considered given and effective on the date posted.

 

7. MISCELLANEOUS

 

a. Signing Authority. Customer acknowledges that the Customer is of legal age, has received a true copy of this Agreement and has read and clearly understands the terms of this Agreement.

 

b. Privacy. IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Seneca is not liable for any lack of privacy that may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.

 

c. Notices. Notices to Customer shall be sent to the email address on file for Customer at Seneca and will be considered given on the date sent by Seneca. Customer is responsible for notifying Seneca of any changes to its email address. Notices to Seneca shall be considered given when received by Seneca at www.marketing@senecacom.net.