Knowledgebase: Voice Over IP (VOIP)
VOIP Terms And Conditions
Posted by Page Up Support Staff on 18 May 2011 12:19 PM
The use of services provided by Page Up LLC [hereafter referred to as "Page Up"] constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

E911 Service 

Page Up provides you with phone services over your broadband connection. There is an important difference between the Page Up service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with Page Up has important limitations that you should be aware of and that you advise others that may use the Page Up service in your residence or business. 

YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE Page Up SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS. 

IF YOU MOVE THE LOCATION OF WHERE YOU USE THE Page Up SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION. 

Additional limitations are as follows: 

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

If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither Page Up nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.

If your Page Up account is suspended or terminated, the Page Up service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing Page Up as compared to traditional 911 dialing over traditional public telephone networks.

You are responsible for the accuracy and the completeness of the address that you submit to Page Up for the location at which Page Up will be used and to which emergency service will be sent in the event that you use the Page Up 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which Page Up will be used. Page Up uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither Page Up, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to Page Up 9-1-1 dialing service unless such claims or causes of action arise from Page Up's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless Page Up, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, Page Up 911 dialing feature or service or access emergency service personnel.

Equipment 

Page Up provides all residential customers with a telephone adapter and softphone solution to use to connect to our service. This device remains the property of Page Up and must be returned to cancel service. Users are not authorized to update the firmware, load third-party firmware, or otherwise tamper with Page Up-owned devices. If a user attempts any of these things and damages the device, they will be responsible for the purchase of the device for $89.95.

Users must not attempt to reset the device to a factory default setting by using the "reset button" on the back of the device. If a user resets the device using this reset button, Page Up will NOT issue a replacement and the device will need to be shipped back to Page Up at the user's expense for reprograming. A $25 administrative fee will be charged for this programming. Service credits will NOT be issued for the time the service is down due to the user-initiated device reset.

The use of any other third party devices (such as ATAs) or software (such as Asterisk) is strictly prohibited. Users who attempt to circumvent this restriction face immediate termination of their service. Page Up reserves the right to remotely access and manage any devices connected to our network. 

Miscellaneous 

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

Support 

Page Up provides support for using our service and provided hardware only. We do not provide troubleshooting or support for routers, computers or internet connections. The provided phone adapter has a built in router is designed to be connected directly to a modem and then your existing router or computer connected to the built in router. If you connect the Page Up adapter to an existing router, we cannot provide troubleshooting for your router if service does not work properly. 

Service Limitations 

Due to the nature of all VoIP services, Page Up service is not designed to be used for data connections with modems, home security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using Page Up service in non-voice scenarios. 

Residential Use Only 

Page Up services are intended for normal residential or light office use only. Any other use is strictly prohibited.

Page UP services advertises as residential or home plans are intended for normal residential or light office use only. Any other use is strictly prohibited. All residential and small business VoIP plans are designed for customers with average usage of under 5,000 minutes per month. Accounts exceeding 5,000 minutes per month on a regular basis are not eligible for these plans. If an account exceeds 5,000 minutes in a calendar month, Page UP may notify the customer and bill for the excess minutes above 5,000 at 3.9 cents per minute. Page UP shall have sole discretion to determine whether usage is consistent with average usage or not.

Cancellations 

All cancellations must be made online at www.Pageupconsulting.com/cancel

For more information regarding cancellation procedure, please email support@Pageupconsulting.com. 

Before a cancellation can be processed, users must return the provided Page Up phone adapter. If a user wishes to cancel service without returning the Page Up phone adapter, a $69.95 fee for the purchase of the adapter will be charged. 

Billing 

Accounts renew automatically unless canceled. Accounts will renew on or around the anniversary of your initial order based on your selected term. All Page Up services are prepaid at least one month in advance. If you have a credit card on file, Page Up will bill you automatically when charges are due. Customers are responsible for all international calling usage charges and premium calls (such as 411) billed to their accounts. Page Up will bill your credit card automatically for these charges automatically. These charges may be delayed at our discretion or billed at any point immediately following the completion of such calls. 

Annual promotional plans for residential service will renew at standard pricing after the first 12 months. Promotional pricing is applicable to the first year only unless otherwise stated.

If you do not have a credit card on file and use another accepted payment method such as PayPal which may require manual payments to be made, it is your responsibility to ensure that you have a positive account balance at all times. Page Up is a prepaid service and does not provide a grace period for billing. If invoices are not paid by the due date, your account may be subject to immediate disconnected and a $5 late fee. 

Right to Refuse Service 

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

Privacy 

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

Indemnification 

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

Binding Arbitration 

By using any Page Up service, you agree to submit to binding arbitration. If any disputes or claims arise against Page Up or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of Page Up's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. 

Disclaimer 

Page Up shall not be responsible for any damages you or your business may suffer. Page Up makes no warranties of any kind, expressed or implied for services we provide. Page Up disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to delivery service, we cannot guarantee uptime or availability of service. 

Change of Terms 

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