Service Terms

Telephone (VoIP) Phone and Equipment Service – TERMS AND CONDITIONS OF SERVICE

This Agreement (“Agreement”) is between 10 Digits(“Provider”, or “10 DIGITS “) and the End-User (“End-User”) of the VOIP Digital Phone service. Any Provider services or products (“Services”) made available to End-User shall be governed by the terms and conditions herein. By activating the Services, End-User acknowledges receiving, reading, and understanding this Agreement and accepts the terms and conditions herein. End-User acknowledges that they are of legal age (18 years or older) to enter this Agreement.

TERMS AND CONDITIONS.

The terms and conditions stated herein supersede any terms and conditions outlined in any documents issued by the End-User, such as purchase orders and specifications. Provider objects to any additional, different, or conflicting terms and conditions on such documents and asserts that they do not apply to any sale or service provided by Provider. Any changes or waivers to this contract or these terms and conditions must be in writing and clearly state that they are a waiver or modification, signed by an authorized representative of Provider, in order to be binding.

SERVICE TERM.

The service provided is on a month-to-month basis, without any long-term commitments or contracts. The agreement term starts upon End-User’s purchase of services and continues monthly for the duration of the service period. At the end of each month, the agreement is automatically renewed for the following month unless End-User notifies Provider of their intention to terminate the service before the current term ends. End-User is responsible for paying for the services during the term, and the expiration of the term does not release them from the obligation to pay any outstanding charges. End-User agrees to provide a 30-day notice of cancellation before terminating the service.

BILLING, CHARGES, AND PAYMENT.

Upon purchasing the service and receiving the Equipment, End-User is required to provide a valid form of payment (Credit Card, check, or Checking Account routing number) and give authorization to the Provider to charge all charges related to the use of the Services. End-User agrees to promptly inform the Provider of any changes to their credit card or checking information, including account number, expiration date, or billing address. The Provider shall not be held accountable for any charges imposed by the credit card issuer or bank due to reasons such as exceeding the credit limit or insufficient funds. If a check is returned or there are insufficient funds, the End-User will be responsible for any associated fees, and a charge of $25.00 will be applied.

CREDIT TERMS.

The provision of all Services to the End-User, as outlined in the Agreement, is always subject to credit approval or review by the Provider. The End-User agrees to provide any necessary credit information or assurance as requested by the Provider at any given time. The Provider reserves the right to discontinue extending credit to the End-User at its sole discretion and without prior notice.

INVOICING.

The Provider will send or make available to End-User a monthly invoice emailed and available on-line. The invoice will contain charges for package monthly standard services and any other charges indicated in this document. Monthly invoices may include costs such as activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes, and other applicable charges. The invoice will be sent ten days before the billing cycle to the contact email on file. Monthly service fees are paid in advance of each month’s service; toll charges and any additional applicable charges are billed at the end of each month’s service. Provider reserves the right to charge the End-User for toll charges at any time if End-User’s cumulative toll charges for the current month exceed one hundred dollars ($100.00). Billing for monthly service fees commences upon purchase of the Services. The first month’s monthly service fee is the only proration 10 DIGITS  will perform and shall be prorated to consider any partial month that may occur due to the date monthly service fees are initiated. After that, billing for monthly phone services will occur in advance of the month the Services are provided, whereas billing for any toll or long-distance charges will appear on the next billing cycle invoice. We do not prorate monthly service.

Monthly service fees are required to be paid in advance for each month’s service, while toll charges and additional applicable charges are billed at the end of each month’s service. The Provider reserves the right to charge the End-User for toll charges at any point if the cumulative toll charges for the current month exceed one hundred dollars ($100.00). Billing for monthly service fees commences upon the purchase of the Services. The first month’s monthly service fee is the only instance in which proration will be performed by 10 DIGITS , taking into account any partial month resulting from the initiation date of monthly service fees. Following that, billing for monthly phone services will occur in advance of the month the Services are provided, while toll or long-distance charges will be included in the subsequent billing cycle invoice. Proration of monthly service fees is not available.

LATE/NON-PAYMENT/SERVICE RESTORATION.

If any charges for telephone service or any related VoIP service are past due and unpaid for any reason (including, but not limited to, non-payment or declined End-User credit card charges) by the due date, you will be charged a late fee of $10 for each billing cycle overdue. If you are more than 60 days past due, your service will be suspended or terminated at the discretion of 10 DIGITS . The Provider has the right to disconnect any VoIP-related OR Telephone equipment service without notice and send them to a collection agency.

In the event that any charges for telephone or related VoIP services are not paid by the due date for any reason, including non-payment or declined credit card charges, a late fee of $25 will be charged for each billing cycle that is overdue. If the payment is more than 60 days past due, 10 DIGITS reserves the right to suspend or terminate your service at its discretion without notice. The Provider also retains the right to disconnect any VoIP or telephone equipment service without notice and may engage a collection agency to address outstanding balances.

RESTORATION OF SERVICE.

Your account must be fully brought up to date with no outstanding invoices before your service can be restored. In addition, a $50.00 fee for restoring the service will be charged and added to your next billing cycle invoice due to non-payment. If your service is disconnected and needs to be restored, we may require a valid credit or debit card on file or a one-month payment of full service as a deposit in advance. Deposited funds on file may be used for the final invoice at our discretion.

BILLING DISPUTES.

End-User must notify us of any disputes regarding charges for the Services within thirty (30) days of receiving the monthly online invoice. Failure to do so will result in a waiver of any objections. Invoices are sent to the email address provided by the Client during service activation.

CLIENT CONTACT INFORMATION ON FILE

It is the Client’s responsibility to keep 10 DIGITS updated with accurate email and contact information. Furthermore, it is the Client’s responsibility to ensure that every invoice for services is paid by the due date. 10 DIGITS cannot be held responsible for any changes in contact or email information that occur without our knowledge. As stated before, an invoice is generated each month and delivered to the email address on file.

911 EMERGENCY DIALING.

10 DIGITS will provide 911 dialing as part of the service, ensuring its proper implementation and operation. It is essential to use the service only within the geographical area reported to 10 DIGITS as the Customer’s installation site. Our E911 service works by transmitting your telephone number and registered address to the local emergency center assigned to your location when you dial 911. This allows emergency operators to quickly respond and contact you if necessary. By using the service, you give us authorization to disclose your name and address to third parties involved in providing 911 Dialing, including call routers, call centers, and local emergency centers.

 

To ensure accurate emergency response, it is required that you register the physical location where you will use the service with each phone number. If you move the device to a different site, it is important to update the registered location accordingly. Failure to do so may result in emergency calls being routed to the wrong address and potential delays in emergency assistance. Please note that VoIP services depend on electrical power, internet access, and the overall functionality of the VoIP network. In the absence of these factors, VoIP services may not be operational. By agreeing to these terms, you understand and accept the limitations associated with VoIP services and hold 10 DIGITS harmless.

BATTERY/GENERATOR POWER BACKUP.

In order to comply with this FCC order, End-Users are being asked to acknowledge their understanding of the need for a battery backup with VoIP services, and the responsibility to provide one.

NON-VOICE SYSTEMS

By consenting to these terms and conditions, the End-User acknowledges that the Services may not be compatible with certain systems that rely on dialing functionality, including but not limited to home security systems, medical monitoring equipment, satellite television systems, and some facsimile systems. Furthermore, the End-User waives any claims against the Provider for any interruptions or disruptions to these systems caused by the Services.

PROMOTIONAL CAMPAIGNS

As part of a promotional campaign, the Provider may offer to supply Equipment to the End-User at no cost. However, the End-User understands that they must maintain continuous service for at least six months in order to avoid being billed for the Equipment. If the End-User decides to cancel their service before the completion of six months, they agree to pay the full current value of the provided free Equipment, along with any outstanding amounts owed.

EQUIPMENT WARRANTY.

The Provider agrees to assist in the Return Merchandise Authorization (RMA) process for equipment failures during the manufacturer’s warranty period. However, please note that the warranty does not cover replacement for any equipment that has been lost, stolen, mistreated, or modified. If the End-User returns equipment that is not covered under warranty, the Provider may refuse the return and the End-User will be responsible for paying the return shipping charges.

 

Additionally, in the event of account termination, if the End-User damages the equipment or fails to return it in good working order, a fee equal to the value of the equipment will be charged to the End-User.

TOLLS.

For calls to or from equipment using the Services that connect to the Public Switched Telephone Network (PSTN), toll charges associated with the respective plan ordered by the End-User will apply. Additionally, calls to or from voice equipment using the Services that connect to a SIP service provider not affiliated with the Provider will also be counted as PSTN minutes, subject to the toll charges of the respective plan chosen by the End-User.

Domestic long-distance calls, where applicable, will be billed in six-second increments. Calls made to phone numbers outside of the United States and Canada, to non-Provider accounts, will be charged at the current rates published on the Provider-Wholesale Partner Telnyx.com. The duration of each call from the US to an international destination will be calculated in six-second increments, with a minimum duration of thirty seconds. Calls to Mexico, if applicable, will be rounded to the nearest minute.

TELEPHONE NUMBER.

The End-User acknowledges that any Telephone number provided by the Provider is owned by 10 DIGITS and leased to the Client, and not sold. The End-User agrees not to use the provided number with any device other than the Equipment, unless expressly permitted by the Provider in writing. The Provider reserves the right to change, cancel, or relocate the number at its sole discretion.

In the event that the End-User decides to transfer their existing phone number to the Provider’s VoIP service, they will have the option to transfer the number out of the Provider’s network upon the termination of service, provided that the End-User has maintained a satisfactory account status with the Provider.

LOST, STOLEN, ALTERED OR BROKEN.

The End-User is prohibited from making any modifications to the equipment without the express written permission of the Provider. Furthermore, the equipment should only be used in conjunction with the Services as outlined in this agreement.

 

With the exception of provisions stated in this agreement, the End-User is responsible for all instances of lost, stolen, or damaged equipment and may be required to purchase a replacement in order to continue receiving service. The charges for the replacement will be based on the fair retail price of the equipment, in addition to applicable shipping costs and taxes.

 

In the event of any equipment loss or theft, the End-User is obligated to immediately notify the Partner and cooperate with the Provider to prevent unauthorized use. Failure to promptly report such incidents may result in the End-User being responsible for all service fees accrued until the Provider is notified and can terminate the Services.

PROHIBITED USES.

The End-User is strictly prohibited from engaging in any use of the Services or taking any action that disrupts the integrity of the Provider’s network or its vendors, whether directly or indirectly. Such actions may result in the termination of the Services.

The End-User understands and acknowledges that neither the Provider nor its vendors are responsible for the content of transmissions that pass through the internet and the services. The End-User agrees not to use the Services in a manner that violates any laws, infringes upon the rights of others, or interferes with the use of the network by other users, services, or equipment.

The End-User further agrees and represents that the Services and equipment are being purchased for internal use only and shall not be resold, transferred, or charged for without the advance express written permission of the Provider. The use of the Service shall exclude certain activities, including but not limited to auto-dialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing, or any other activities that are inconsistent with residential or small business usage, unless specifically agreed upon in writing by both the Provider and the End-User.

UNLIMITED MINUTE USAGE PLANS; CHANGES TO THE AGREEMENT, SERVICES, OR PLAN. 

The usage of the term “unlimited” in relation to the Services refers to both local and long-distance calls within the United States (including Hawaii and Alaska) and Canada. However, this unlimited usage is subject to a fair usage policy of up to 5000 minutes per month. Any usage beyond this limit will be billed at a rate of $0.05 per minute.

To ensure that there is no abuse of the unlimited minute plans, the Provider reserves the right to review the usage patterns of such plans. The End-User agrees to utilize the unlimited minute plans for regular voice calls only and agrees not to use methods or devices to excessively use the unlimited plans or for purposes not intended by the Provider.

In cases where, at the sole discretion of the Provider, the End-User is deemed to be abusively using the unlimited minute plan, the Provider reserves the right to immediately terminate the service.

TERMINATION.

The End-User agrees to provide the Provider with a notice of termination at least thirty (30) days in advance. Failure to provide this notice will result in a termination fee of $500 US Dollars. The End-User will be responsible for paying the full monthly service fee for the month in which the notice of termination is provided to the Provider, without any proration.

The Provider reserves the right to suspend, terminate, or modify the Services without prior notice, at its sole discretion, for various reasons. These reasons include, but are not limited to, misuse of the Services, breach of this Agreement by the End-User, failure to make the required payments, suspected fraudulent activity, or any other activity that negatively impacts the Services, the Provider, the Provider’s network, or other End-Users’ use of the Services. The Provider also has the authority to determine, at its sole discretion, what constitutes a misuse of the Services, and the End-User agrees that the Provider’s determination is final and binding.

In the event of a terminated or suspended account, the Provider may require an activation fee to change or restore the account.

PRIVACY.

The Provider utilizes the public Internet and third-party networks to deliver voice and video communication services to the End-User. As a result, the Provider cannot guarantee the security of voice and video communications. However, the Provider is committed to respecting the privacy of the End-User.

Any personally identifiable information provided by the End-User will only be used within the context of their relationship with the Provider. The Provider will not sell, rent, or lease the End-User’s personally identifiable information to third parties. Unless required by law, subpoena, or with the End-User’s prior permission, the Provider will only share personal data with business partners who are acting on behalf of the Provider to fulfill the described activities. The privacy policies of the Provider apply to these entities and national or international business partners in relation to the usage of this data.

In the event of a valid request from a government agency, law enforcement agency, or court, or when required by law, the Provider may disclose personally identifiable information.

TECHNICAL SUPPORT.

The Provider offers technical support to End-Users through telephone and email channels specifically for issues related to the Services and the provided equipment. However, if it is determined that the issue is unrelated to 10 DIGITS ‘s VoIP service or the provided equipment, the client will be billed at an hourly rate of $165 for Technical Support. Please note that support for other applications and uses is not provided or implied unless explicitly agreed upon in writing by the Provider and the End-User.

In addition, the End-User will be charged for support related to service changes, such as modifying call flow configurations or customizations. The rate for such support will be billed at $165 per hour.

TOLL FRAUD

The Client is responsible for implementing effective security measures on their network to prevent toll fraud. If toll fraud occurs and the issue is determined to have originated within the Client’s network, the Client will be responsible for all costs associated with resolving the toll fraud incident.

BREACH.

In the event that the End-User breaches any terms of the Agreement, which may include failure to make required payments, the End-User agrees to reimburse the Provider for all costs incurred in enforcing Provider’s rights under the Agreement. These costs may include attorney fees, court fees, collection fees, and any other related expenses. Furthermore, the Provider reserves the right to retain any deposits or payments made by the End-User in such cases.

INDEMNIFICATION.

End-User agrees to defend, indemnify, and hold harmless the Provider, its affiliates, and its vendors from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) arising out of or related to the End-User’s violation of this Agreement or use of the Provider’s services.

DISCLAIMER OF CONSEQUENTIAL DAMAGES.

In no event shall Provider or its vendors be liable for any special, incidental, indirect, punitive, or consequential damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use services or products provided under this Agreement. This limitation of liability applies whether the claim is based on breach of contract, breach of warranty, negligence, or any other legal theory, and even if Provider has been advised of the possibility of such damages. The total liability of Provider and its vendors under this Agreement shall not exceed the amount paid by the End-User for the services or products provided.

WARRANTY AND LIABILITY LIMITATIONS.

The Provider does not offer any guarantees, whether express or implied, including but not limited to any implied warranties of merchantability or fitness for a specific purpose. Neither the Provider nor its vendors will be held responsible for any unauthorized access to the Provider’s or End-User’s transmission facilities or premise equipment, or unauthorized access to or alteration, theft, or destruction of End-User’s data files, programs, procedures, or information. Such damages, regardless of whether they occur due to the negligence of the Provider or its vendors, can be caused by accidents, fraudulent means, devices, or any other method. Any claims against the Provider must be submitted within 90 days of the event, as after this period, the Provider holds no liability. The Provider’s liability is limited to providing repair, replacement, credit, or refund options. The Provider may choose to give a refund instead of offering credit, replacement, or repair. All warranties only cover defects that arise during regular use and do not include malfunctions or failures that result from misuse, abuse, negligence, alteration, modification, improper installation, or repairs conducted by anyone other than the Provider. In no circumstances shall the Provider’s total liability exceed the amounts paid by the End-User to the Provider in the twelve (12) months prior to the claim date.

EXPORT COMPLIANCE.

By using the Services, the End-User agrees to adhere to U.S. Export laws regarding the transmission of technical data and other regulated materials. Furthermore, the End-User agrees to comply with all relevant local, state, and federal regulations that govern the usage of the Equipment and Services in their specific location.

PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE.

Once the Services expire, are cancelled, or terminated, the End-User is required to surrender and cease using any Numbers, voice mail access numbers, and web portals that were assigned to them by the Provider or its vendors.

SOFTWARE COPYRIGHT.

The software used by the Provider in connection with the Services, as well as any software provided to the End-User as part of the Service delivery, is protected by copyright law and international treaty provisions. It is strictly prohibited for the End-User to copy the software or any portion of it.

NOTICES.

The primary method of communication between the Provider and the End-Users is through email. Any notices to the End-User will be sent to the email address provided by the End-User during the registration for the Services, or any subsequent email address updates provided by the End-User. It is the End-User’s responsibility to inform the Provider of any changes to their Email Address. The End-User agrees that sending a message to the Email Address is the agreed-upon method of providing notifications. Email will be used to communicate important information regarding the Services, billing, changes to the Services, and other relevant information. It is crucial for the End-User to read any email sent to their Email Address promptly to avoid any potential interruptions in the Services provided under this agreement, as the data communicated via email is time-sensitive.

FORCE MAJEURE (EVENTS BEYOND OUR CONTROL).

Provider will not be held liable for any delays in performance that are directly or indirectly caused by or result from acts of nature, fire, flood, accidents, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers, or any other difficulties that may occur despite Provider’s best efforts.

GOVERNING LAW / RESOLUTION OF DISPUTES.

Mandatory Arbitration: Any dispute or claim arising between the End-User and Provider in connection with the Service or Equipment provided under this Agreement shall be resolved through arbitration. The arbitration process will be administered by the American Arbitration Association under its Commercial Arbitration Rules, with a single arbitrator assigned to the case. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding.

In addition, the parties agree that the arbitrator does not have the authority to award relief beyond what is specified in this Agreement or to grant punitive or exemplary damages. The award rendered by the arbitrator may be entered as a judgment in any court with jurisdiction.

It is important to note that all claims must be arbitrated individually; the customer cannot initiate or participate in any class action lawsuits or seek to consolidate or bring previously consolidated claims in arbitration or court. By accepting this arbitration provision, the customer acknowledges the waiver of their right to a jury trial.

GOVERNING LAW

Governing Law and Jurisdiction: The Agreement and the relationship between the End-User and Provider will be governed by the laws of the State of Utah, without considering its conflict of law provisions. Both parties agree to submit to the exclusive jurisdiction of the courts located within the state of Utah for the purpose of any arbitration award or litigation arising from this Agreement.

Waiver and Severability: The failure of the Provider to exercise or enforce any right or provision in the Agreement shall not be considered as a waiver of such right or provision. In the event that any provision of the Agreement is found invalid by a court of competent jurisdiction, the parties still agree that the court should strive to give effect to their intentions as reflected in that provision, and all other provisions of the Agreement shall remain fully effective.

Time Limit for Claims: The End-User agrees that, regardless of any statute or law to the contrary, any claim or cause of action relating to the use of the service or this Agreement must be filed within one (1) year after the date the claim or cause of action arose. Otherwise, it will be forever barred.

ENTIRE AGREEMENT.

Entire Agreement: The terms and conditions outlined in this Agreement represent the complete understanding and agreement between the parties regarding this sale. They explicitly override and replace any previous or concurrent agreements, whether written or verbal, relating to the Services. This Agreement remains binding not only on the Provider and End-User but also on their heirs, successors, and assigns.

INTERPRETATION OF AGREEMENT.

No Interpretation Bias: It is expressly agreed that no provision of this Agreement shall be construed in favor of the End-User or against the Provider solely because the Provider has drafted the Agreement.

UPDATES TO SERVICE.

The Provider reserves the right to modify the terms and conditions, the Services, and the Plan (“Change of Service”). Any changes will be posted on the Provider’s website. End-Users will be considered notified and bound by these changes on the date they are posted (“Change Date”), without the need for additional notice. The Provider will post any changes at least thirty (30) days before the effective date, except for international calling rates, which require only 24 hours’ notice.

If an End-User does not notify the Provider of their desire to terminate the Agreement or continues to use the service after the Change Date, they will be considered to have accepted and consented to the changes. If an End-User does not agree with the changes and terminates the Agreement, they will be responsible for any outstanding payments and may be subject to a Disconnection Fee. End-Users may request a change in their Plan at any time, subject to any relevant fees and additional terms and conditions. If the Plan change requires the purchase of equipment, there may be an equipment charge. The Provider may decrease prices for the Services or Plans without prior notice to End-Users.