TERMS & CONDITIONS
Last Modified: October 03, 2023. (See old versions)
Thank you for using Vip2phone services!
When talking about Vip2phone, we will refer to Vip2phone Inc, a company incorporated in the state of Florida, United States with address at 8400 NW 36th St Suite 450, Doral, FL 33166, United States. Vip2phone is in charge of providing voice over Internet protocol (VOIP) solutions and services (hereinafter "Service" or "Services"). The Customer may use the Services for its commercial use or for internal commercial purposes in the organization it represents. You may connect to the Services using any Internet browser supported by the Services.
Acceptance of the terms
The Customer must be of legal age, have the capacity to enter into a binding contract with us and not be prevented from doing so under any applicable law in order to accept the Terms. If you do not agree to or cannot abide by the Terms, please do not use any of our Services. By checking the checkbox indicating your agreement to the Terms, executing an order form that references the Terms, or otherwise using the Services, you agree to these Terms.
User registration obligations
You must register for a user account that needs all the information necessary to access or use the Services. Access to the Vip2phone Services is conditioned to the correct introduction of the username and password. In this registration process you will receive an email with an access link to the platform, where the username and password will be determined in the email in which you receive the welcome. You agree to modify the password provided, so that the chosen password is not known by Vip2phone. If the User loses his password, he will be able to generate a new one automatically. If you represent an organization and wish to use the Services for internal corporate use, we recommend that you and all other users in your organization register for user accounts that require your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the registration process; and b) maintain and promptly update the true information provided during registration to keep it accurate, current, and complete. If you provide untrue, inaccurate, not current or incomplete information, or if Vip2phone has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, Vip2phone may terminate your user account and refuse current or future use of any or all of the Services. Vip2phone is not responsible for the damages suffered by you and specifically exime Vip2phone from all liability and you agree to indemnify Vip2phone for such damages in the event that the username and/or password are compromised by you or any of your users to whom you have provided the username and password or a third party other than Vip2phone.
Organization accounts and administrators
When you sign up for an account for your organization, you become the owner. Owners shall have the right to configure the Services according to their requirements. If a third party creates and sets up your organization's account on your behalf, that third party has likely assumed the role of owner of your account. Be sure to enter into an appropriate agreement with such third party that specifies such third party's roles and restrictions as the owner of your organization's account.
Accounts managed by other people. In the event that you have expressly stated your decision to link your account with one or more third parties, it will acquire the status of authorized contact (the "Authorized Contact"). Consequently, you must consider that: (i) Vip2phone may share the information related to your activity or your account with the Authorized Contact. However, to share information that includes personal data, an informed consent signed by you will be required to ensure data protection (ii) the Authorized Contact may have access to your account (which includes viewing or modifying aspects of your profile or your registration information) and make decisions, among them and with respect to the contracted services or products, may increase or improve them, which may mean an increase in the fees to be paid (iii) it is the responsibility of the owner to enter into an adequate agreement with said Authorized Contact to specify the third party's roles and restrictions regarding access to and management of your organization's account in order to avoid unintended consequences. The fact that the owner appoints an Authorized Contact and grants him the powers indicated above does not imply the decision to make a change in the ownership of the account or its original owner. Vip2phone will not adjudicate ownership related disputes or any other internal business disputes regarding management. Subsequent account ownership changes must be supported by appropriate legal documentation. If Vip2phone is unable to determine the valid owner of the account, Vip2phone reserves the right to suspend or terminate the account and the Services. Vip2phone will not be liable for any loss or damage caused to You or any third party as a result of any unauthorized access to Your account and You agree to indemnify Vip2phone for any such damage or loss.
Rates and Billing
Service fees represent charges for services provided. Vip2phone reserves the right to modify the rates and/or prices applicable to the Services and will notify said decision in a timely manner. Vip2phone does not represent or guarantee that a certain subscription plan will be offered indefinitely and reserves the right to change prices or alter the features and options in a certain subscription plan by providing prior notice. Any increase in charges will not apply until the expiration of your current billing cycle. Per minute rates shown are per minute in US dollars. It is the Customer's responsibility to ensure that their calling numbers are operational numbers with sufficient calling capacity. When you purchase a subscription plan with VIP2Phone, facilities are provided for you to enter your payment method information. You must provide accurate and complete information regarding a valid payment method that you are authorized to use. You must immediately notify VIP2Phone of any change in your billing address and you must update your account with any changes related to your payment method. By completing the details for a subscription plan, You authorize VIP2Phone to charge your payment method on a recurring basis for: (a) The applicable subscription plan charges, (b) All applicable taxes and (c) Any other charges incurred in connection with the use of the Services. VIP2Phone will not be responsible for any accounts suspended or terminated for non-payment. The Service will be provided subject to credit approval by VIP2Phone. The Customer's service request, via the Internet, by fax or mail, or the Customer's use of the VIP2Phone service, certifies the Customer's agreement to pay the invoices within the established deadlines and the Customers agreement with these Terms. The Customer understands that the activation of any prepaid service generates a monthly subscription where VIP2Phone is authorized to charge every thirty (30) days for each prepaid service confirmed by the Customer. The subscription date depends on the day of the month each Service was activated. Your subscription will automatically renew at the end of each term, unless you tell us inform that you do not want to renew the subscription. To the extent permitted by applicable law, payments are non-refundable and no refunds or credits will be given for partially used subscription periods.
Flat Rate/Unlimited Plans
In certain cases and at the sole discretion of Vip2Phone, unlimited monthly plans will be offered for some of our products and services. Plans will be subject to the unlimited terms and restrictions described below.
Vip2Phone reserves the right to review the use of flat rate plans to ensure that the Customer is not exceeding the reasonable use limit established in accordance with Vip2Phone's commercial policy or using the flat rate for prohibited purposes. Vip2Phone, at its sole discretion, reserves the right to impose limitations on the reasonable use of minutes.
Flat rate plans are subject to the following restrictions:
They will be used exclusively for commercial use.
They are intended to facilitate communication between two people at the same time by line.
They may not, under any circumstances, be used for incoming call lines, call centers, trunking (to a PBX or otherwise), continuous or long call forwarding, automatic dialing, or "predictive" dialing (i.e. non-manual dialing. ) or use of software programs or other means to continuously dial or make highlighted calls), faxing, telemarketing (including, but not limited to, charitable or political solicitations and/or surveys), faxing spam, sending Fax spam or other penalties for high-volume or multi-person faxing or calling.
They will not be used for monitoring services, data transmission, broadcast transmission or transmission of recorded material. If for any reason, Vip2Phone believes that the Customer's use of the unlimited plan is abusive or violates these terms and conditions, then Vip2Phone may, at its discretion with or without prior notice, interrupt, cancel your unlimited plan or immediately convert it to a pay per minute plan.
Inactive User Policy
If seven (7) calendar days have elapsed since the invoice was issued, the payment has not been made satisfactorily, Vip2phone may suspend your access to the Services until a valid payment method is obtained. Twenty (20) days after the suspension of the Services without you having paid the amounts owed, Vip2Phone may terminate the Services provided and terminate the contractual relationship for reasons attributable to the Customer. Once the Service is terminated, and to request reactivation, the Customer must pay a reactivation cost that is set according to the commercial decisions of Vip2Phone (“Reactivation”). Each Service will be considered a separate and independent service for the purposes of calculating the period of inactivity. In other words, activity on one of the Services is not sufficient to keep your user account active on another Service.
The Service may include certain communications from VIP2Phone, such as service announcements, administrative and informational messages. You understand that these communications will be considered part of your use of the Services. As part of our policy to provide you with complete privacy, we also provide you with the option to opt out of receiving our newsletters. Any notice or information that you want to provide in relation to the VIP2Phone Services (for example, the cancellation request, payment authorizations, invoices, changes in the form of payment, administrative messages, service announcements) will be effective if it is done by written electronically by sending an email to the email address firstname.lastname@example.org. You can modify your established address to receive notifications by prior notice to the email address of VIP2Phone.
VIP2Phone, INC does not provide a Service Level Agreement of any kind, written or implied, for its Services.
(a) VIP2Phone transmits messages initiated by the Customer or sent to the Customer by others via different routes, and the level of reliability and support for special features varies depending on the route. Customer is responsible for obtaining and maintaining all hardware, software, and communications equipment necessary to access the Service and for paying all access charges (eg, Internet service provider, telecommunications) incurred while using the Service.
(b) VIP2Phone only provides for the Service to be correctly processed and, if necessary, for VIP2Phone to transmit it to the relevant network. VIP2Phone is not responsible for the final delivery of any communication initiated through the Service, as this is beyond the control of VIP2Phone and is the responsibility of the subsequent communications providers. Customer's access to and use of the Service may be suspended for the duration of any unforeseen or unscheduled downtime or unavailability of part or all of the Service for any reason beyond Vip2phone's control, including as a result of power outages. , system crashes or other interruptions; and Vip2phone shall also have the right, without any liability to Customer, to suspend access to part or all of the Service at any time: (a) during scheduled downtime to allow Vip2phone to perform maintenance or make modifications to the service; (b) in the event of a denial of service attack or other attack on the Service or other event that Vip2phone determines, in its sole discretion, may create a risk to the Service, to the Customer or to any other Customer if the Service were not suspended; or (c) in the event that Vip2phone determines that any of the Services is prohibited by applicable law or Vip2phone determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). Vip2phone will have no responsibility for any damage, liability, loss (including loss of data or profit) or any other consequences that the Customer may incur as a result of any Suspension of Service. To the extent that Vip2phone can, it will endeavor to notify the Customer of any Suspension of Service and post updates regarding the resumption of Services after such suspension, but will not be responsible for the manner in which Vip2phone can do so or if Vip2phone it doesn't.
Changes to the Terms
We may modify these Terms from time to time to reflect changes in the law or in the Vip2phone Services. You will be notified of such changes by reasonable means (before they become effective). Your continued use of the Vip2phone services will indicate your approval and consent to the changes mentioned above. You agree that we will not be liable to you or to any third party for any modification of the Terms. We will archive previous versions of these Terms for your review. If You wish to stop using the Service due to the updated Terms, You may contact Vip2phone to terminate Your account. The effective date indicated at the beginning of this document indicates the last date of changes made to the Terms.
VIP2Phone has no control over the content of the information transmitted through your accounts. VIP2Phone does not: (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a VIP2Phone account, (ii) assume any responsibility for any harassing, offensive or obscene material distributed or received through a VIP2Phone account, (iii) assumes no responsibility for any material distributed through a VIP2Phone account that is distributed in violation of the copyright or other intellectual property rights of third parties.
Use of the Service
The Services may not be used for illegal purposes and Customer agrees to comply with all applicable laws, regulations, or conventions, including, but not limited to, those relating to data privacy, international communications, export of technical or personal data, Junk Fax and Do Not Call regulations. Customer is expressly prohibited from using the Services to access, tamper with, or use non-public areas or portions of the Services, interfere with or nuisance a user, host, or network with viruses, overloads, denial of service, spam, transmit any unlawful, harmful, threatening, harassing, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information, including, without limitation, encouraging conduct that constitutes or may constitute a criminal offense, infringing rights of third parties, infringing on the privacy of others, or posting any personal or confidential information belonging to any person or entity without obtaining consent, submitting altered, misleading, or false information to identify sources, such as IP spoofing or spoofing , or promote or advertise products or services other than yours without proper authorization, give rise to liability civil liability or violate any local, state, national or other law. Customer may not use the Services to upload, post, reproduce, or distribute, in any manner, any information, software, or other material protected by copyright or other intellectual property right without first obtaining permission of such right from Customer. headline. Customer agrees not to use the Service in any way that interferes with or disrupts VIP2Phone's network or service to other customers. Customer is expressly prohibited from using any third party service provider with VIP2Phone numbers and agrees that any and all telecommunications and/or enhanced services, including but not limited to text messaging functionality, will be provided by VIP2Phone.
Third party applications
Vip2phone is integrated with or may interact with third party applications, websites and services (hereinafter "Third Party Applications") to make the Services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies, and your use of these third party applications and devices will be governed by and subject to such terms and conditions and privacy policies. The Customer understands and accepts that Vip2phone is not responsible, and the Customer agrees to indemnify and holds Vip2phone harmless, for the behavior, characteristics or content of any Third Party Application or for any transaction that it may carry out with the provider of such Third Party Applications, nor guarantees the compatibility or continued compatibility of third party applications and devices with the Service.
Confidential Information means (a) all information disclosed by Vip2phone to the Customer (the “Recipient”) that is in tangible form and designated as confidential or that is information, regardless of its form, that a reasonable person would understand to be confidential given the nature of the information and the circumstances of its disclosure, and (b) the specific terms and conditions of these Terms, and any amendments and addenda thereto, between the parties. Confidential Information shall not include any information that: (i) has been or becomes public knowledge through no fault of the Recipient or as a result of a breach of these Terms; (ii) was rightfully in the Recipient's possession at the time of such disclosure, without any restriction of use or disclosure; (iii) was independently developed by the Recipient without the use of Vip2phone's confidential information; or (iv) was lawfully obtained by the Recipient from a third party who had no obligation of confidentiality and no restrictions on use or disclosure. During and after accepting these Terms, the Recipient of the Confidential Information shall: (a) use the Confidential Information of the other party only to exercise its respective rights and fulfill its respective obligations under these Terms; (b) you shall not disclose such confidential information to any third party, except as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent that you protect your own Confidential or similar Information.
Limitation of Liability
Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VIP2PHONE OR ANY ELSE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO PERFORM USE THE SERVICES; OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE TO PERFORM. IN NO EVENT SHALL VIP2PHONE'S TOTAL LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES YOU PAID FOR SUCH SERVICE, DEPENDING ON THE CONTRACTED PERIOD. LIABILITY TO YOU IS NOT EXCLUDED OR LIMITED IF IT WOULD BE ILLEGAL TO DO SO IN THESE JURISDICTIONS. It is the Customer's responsibility to verify VIP2Phone numbers to ensure that they are assigned to the Customer's account, route to the correct calling numbers, and are working before announcing such numbers. VIP2Phone transmits and receives text messages and voice transmissions via other telecommunications companies and mobile network operators and therefore VIP2Phone's influence on the timing of transmission of messages and transmissions is only within technical restrictions. imposed on VIP2Phone. International numbers and local VIP2Phone numbers may not support fax and data transmissions at all times. While VIP2Phone will use commercially reasonable efforts to transmit messages and transmissions to the applicable network for final delivery to designated recipients as quickly as possible, VIP2Phone cannot and does not guarantee a specific maximum delivery time. Each provision of the Terms that establishes a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of risk and is an essential element of the basis of the bargain between the parties.
VIP2PHONE MAKES NO EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIP2PHONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIP2PHONE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, UNLESS OTHERWISE SPECIFIED IN WRITING. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM USE OF THE SERVICES OR THE DOWNLOADING OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM VIP2PHONE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Ownership of the number
You understand and agree that you are not the owner of any telephone number that VIP2 may assign to use for your use. Ownership of any telephone number is vested solely in VIP2, which shall be deemed the owner of record for the telephone number. You understand and agree that from time to time, VIP2 may have to change the telephone number assigned to you due to changes in area code designations or for other reasons outside of the company’s control. Except as provided in the following clause, following the termination of your account, regardless of reason, you will have no access to the telephone number. You acknowledge, understand and agree that the telephone number will be immediately re-assigned to another customer upon termination of your account and you agree that VIP2 will not be have any liability of any kind for damages that may arise as a result of the re-assignment of your telephone number and further agree to expressly and irrevocably waive any and all claims related to the re-assignment of the telephone number, whether based on contract, tort or other grounds regardless of whether the company has been advises of the possibility of damages.
You understand and agree that you will have use of the local phone number only until the end of the term of the agreement between you and VIP2Phone or until the company no longer provides service to you unless you comply with the conditions set forth below. You understand and agree that VIP2Phone is the customer of record for all phone numbers provided to Customers for use with the Service and for the duration of the agreement between the parties. Therefore, VIP2Phone has certain rights related to the portability of telephone numbers. (“Porting” is to causing or attempting to cause numbers to be transferred, switched, or transferred to another service provider, carrier, person, or entity.) You understand and agree that VIP2Phone is not a telephone company and therefore is not under any legal obligation to permit you to port any number provided by VIP2Phone as part of the service agreement between you and VIP2Phone. Because VIP2Phone is the customer of record for the telephone number(s) assigned, it has a direct relationship with the telephone company that provides the underlying telecommunications support for the service received from VIP2Phone. You understand and agree that you are expressly prohibited from porting or attempting to port such number(s) to another telephone service provider, person or entity, unless you comply with the provisions set forth below.
Conditions for portability
Subject to applicable law, Customer may port numbers only if it meets the following requirements: (1) you must provide the company written notice of your intent to port out any number(s) within 30 days from the date that you provided the company notice of your intent to terminate your account (porting period); (2) your new carrier must provide the company’s telephone carrier a duly executed porting request prior to the expiration of the 30 day porting period; (3) prior to providing notice of your intent to terminate your account, you have paid for all services provided to you by the company with no outstanding balance, including an administrative fee of $50 per telephone number to cover the company’s reasonable costs related to processing the porting request. If you fail to meet any of the foregoing requirements, the company shall remain the customer of record for the number(s) and you will be expressly prohibited from causing or attempting the number(s) to be ported to any other telephone company, service provider, person or entity and the number(s) shall promptly be returned to the company.
Vip2phone also reserves the right to reclaim Customer's numbers after numbers are transferred in contravention of these requirements and authorizes Vip2phone to charge Customer's account or take any other action to collect costs associated with number generation for be returned to Vip2phone. Customer understands and agrees that even if it meets the requirements set forth in this section, technical or procedural difficulties or disruptions may occur when attempting to port these numbers and such difficulties or disruptions may prevent Customer's new carrier from porting the numbers.
The intellectual property rights associated with the Services, the rights to their content, code and applications, text, graphics, logos, button icons, images, data compilations and software, among others, are the exclusive property of VIP2Phone. All Services and content provided are protected by trademark, copyright, intellectual property, and other laws in both the United States and foreign countries. You shall comply with and maintain all copyright notices and restrictions set forth in any content accessed through the Services. Except as otherwise expressly authorized by these Terms, by applicable law, or by separate agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any part of any of the Services without our prior written permission or that of the applicable third party. By making any copyrighted content available on any of the Services, You affirm that You have the consent, authorization, or permission, as the case may be, of each person who may claim any rights in such content to make such content is made available in such manner and you agree to indemnify VIP2Phone for any violation of trademark and/or copyright law in your content.
Except as expressly provided herein, we do not grant you any express or implied rights in the Services or in our or any third party's intellectual property. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services only as presented. At the same time, VIP2Phone shall have a royalty-free, worldwide, transferable, sublicensable, assignable, irrevocable, perpetual license to implement, use, modify, commercially exploit, incorporate into the Services, or use any suggestions, enhancement requests, recommendations, or other feedback that we receive from you or other third parties acting on your behalf.
Certain Vip2Phone Services provide a feature that allows the Customer to record audio and data shared during communication sessions. Laws regarding warning, notice, and consent requirements for recording conversions will vary from state to state. In some states, Customer is required to obtain the consent of all parties to record a conversation. The Customer is solely responsible for complying with all applicable laws in the relevant jurisdictions while using the recording features. When recording inbound calls to the system for any extension provided by the account plan, the account holder must notify the caller that the call may be monitored or recorded. This notice must occur before the call is transferred to an extension.
The foregoing notice is required in some states and for interstate calls. Accordingly, the company requires this notice for all recorded extensions. It is illegal to record outbound calls without the consent of all parties in the United States. Compliance with the foregoing is the sole responsibility of the account holder and VIP2 disclaims any and all liability that may arise as a result of the account holder’s failure to comply with the law. It is the responsibility of the individual account holder to know and understand the recording laws which may change to become stricter than at the present time. Should such a change occur, VIP2 reserves the right to change the company’s requirements regarding recording without notice.
Vip2Phone expressly disclaims all liability with respect to your recording of telephone conversations. Customer hereby agrees to release, discharge, hold harmless and fully indemnify Vip2Phone fully, finally and forever against any damages or liability of any kind related to the recording of any telephone conversation using the Services. VIP2Phone does not provide any form of bulk downloading of call recordings, even if Customer requires post-service cancellation notice. Active Service Customer may download call recordings one by one (not in batches) for the first year after the call recording creation date. Customer may request retrieval of a recorded conversation after the first year; however, it has a fee that is subject to the number of files to be recovered and will be quoted upon request.
Information Disclosure Policies
VIP2Phone will not disclose customer information to third parties unless it has a good faith belief that disclosure is necessary to comply with a court order, search warrant, FCC regulations or other legal process served on VIP2Phone. In the event that Vip2phone receives a claim from any person against you regarding your activities as part of the use of the Services, we will send the same to the main email address of your user account. You must respond to the communication within 24 hours of receipt. If you do not respond within 24 hours of the date of our email, we may disclose your name and contact information to the claimant to enable them to take legal action against you. You understand that your failure to respond to the claim submitted within the 24-hour time limit will be construed as your consent for Vip2phone to disclose your name and contact information to the claimant.
As a convenience to the Customer, Vip2Phone provides limited retention of customer data, including, but not limited to, call detail records (CDRs), email, voicemail, fax mail, call recordings, and/or other Customer-related data. customer ("Customer Data"). To this end, the Client acknowledges and affirms that Vip2Phone is under no obligation to store, archive or retain any of the aforementioned Client Data on its behalf or on behalf of any third party, and further agrees to indemnify and hold Vip2Phone harmless from any and all liability. due to the unavailability of any of your Customer Data. Vip2phone does not review or have express knowledge of the content of call recordings. The Client acknowledges and affirms that Vip2Phone has no obligation to store, transmit or receive any communication that, at its sole and absolute discretion, with or without prior notice, exceeds the limits established for the size of said communication. However, and at your express request, Vip2Phone may provide you with access to Customer Data, allowing them to be downloaded. In the event that the requested Customer Data has been generated or provided more than ONE (1) year in advance from the time of the order made by the Customer, and in order to access them, a fee must be paid to be determined by Vip2Phone according to its commercial policy and taking into account the specific case, depending on the number of files that are trying to be recovered.
Customer shall defend, indemnify and hold harmless VIP2Phone, its officers, directors, employees and agents from any breach of these Terms, use of Customer's account or in connection with the posting or transmission of any message, information, software or other content using the Services, as well as against any losses, damages, penalties and expenses (including attorneys' fees and costs) arising out of or in connection with any claim that exists if you have used the Services in violation of the rights of another party, in violation of any law or any other claim related to your use of the Services. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnification obligations without Vip2phone's prior written consent. VIP2Phone will provide written notice of any claim, action or demand within a reasonable time. VIP2Phone will be defended by lawyers of their choice at the Customer's expense.
During the Term of these Terms and for a period of one (1) year from the termination of the Services, the Customer shall not employ or solicit, directly or indirectly, the employment or services of an employee or independent contractor of Vip2phone without the prior written consent of Vip2phone.
These Terms constitute the entire agreement and supersede any prior agreements between You and Vip2phone and any and all prior or contemporaneous statements, understandings, writings, undertakings or representations relating to its subject matter. There are no oral promises, conditions, representations, understandings, interpretations or terms of any kind between the parties, unless otherwise expressly stated herein. The headings used herein are for convenience only and should not affect the interpretation of the conditions.
If any provision or part of these Terms is held invalid under applicable law, such invalidity will not affect any other provision of these Terms that may take effect without the invalid provision or part and, for this purpose, the provisions or parts of the present are divisible.
You agree not to license, sublicense, sell, outsource, rent, lease, transfer, assign, distribute, timeshare, or otherwise commercially exploit or resell the Services to any third party, unless otherwise expressly agreed to by Vip2phone in writing.
The failure of either party at any time, or from time to time, to require performance of any obligation under these Terms shall in no way affect either party's right to enforce any provision of these Terms at a later time and shall not be construed as a waiver of any subsequent breach of that same provision.
Relationship between parties
At all times, You and Vip2phone are independent contractors and are not agents or representatives of the other. These Terms are not intended to constitute a joint venture, partnership, or franchise relationship between the parties. You must not represent to anyone that you are an agent of Vip2phone or that you are authorized to bind or engage Vip2phone in any way without Vip2phone's prior written permission.
You may not access the Services if you are a direct competitor of Vip2phone, unless you obtain Vip2phone's express written consent in advance. You may not access the Services for competitive purposes.
This Agreement shall be governed by and construed solely in accordance with the laws of the State of Florida without regard to any conflict of law principles or provisions. Any dispute, claim or conflict of any kind or nature arising out of or related to this Agreement shall be submitted to mandatory mediation prior to commencing any legal action or proceeding. The Parties agree and understand that mandatory mediation shall be considered a precondition for filing a lawsuit or other legal action. The Parties agree and understand that failure to comply with this mandatory mediation condition will subject the defaulting party's legal cause of action to dismissal and the winning party will be entitled to attorneys' fees. The number of mediators will be one (1). Mediation will be governed by the Florida Rules of Mediation. Furthermore, it is understood, acknowledged and agreed that the cost of the mediation shall be divided equally between the Parties without exception and regardless of any applicable rule to the contrary.
The parties expressly acknowledge and agree that for any mediation, arbitration, court or other legal proceeding, the sole and exclusive venue shall be Miami-Dade County, Florida. The Parties agree to submit to the jurisdiction of the competent courts of Florida and acknowledge and agree that Miami-Dade County, Florida is the sole, exclusive and binding jurisdiction and venue for all legal disputes, regardless of their type or characterization, arising out of or related to this Agreement. The winning party will be entitled to recover attorneys' fees and costs for legal proceedings.
For monthly subscription Services, your subscription will automatically renew at the end of each term, unless you tell us that you do not wish to renew it. If the Customer does not wish to renew the subscription, he must inform us at least fifteen (15) days before the billing date. Regarding prepaid Services, the Customer understands that the last monthly payment will be collected during the next fifteen (15) days after the notice of cancellation. For any postpaid service, Customer will be charged for outstanding invoices issued after notice of cancellation. In the event that you decide to transfer any free or local Vip2phone number that has been in Service to another provider, you must comply with both the payment of the existing cancellation fee and the process indicated in the title "Number Portability", committing to send a written notice to Vip2phone stating said intention. There are no charges if the Customer does not request to transfer the numbers or if the Customer originally transferred the number to VIP2Phone.
END OF TERMS AND CONDITIONS
If you have any questions or concerns regarding these Terms, please contact us at
8400 NW 36th St Suite 450, Doral, FL 33166, United States. +1 786 279 4222 .