This document is an agreement between a Customer and iGhost, Inc. for communications and related services .By activating Virtual TelePhone Line Service with iGhost, Inc, Customer acknowledges that Customer has read and agrees to the terms of this Agreement.
1. SERVICE
A. Use of Service
Customer authorizes iGhost, Inc 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 iGhost, Inc. Customer also agrees not to use Service for any unlawful or destructive purpose or in such a way as to create damage or risk to iGhost’ business, reputation, employees, facilities, 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 assigned to Customer by iGhost, Inc. The number is not portable to any other service provider. iGhost does offer customer service to Customers who use the Service inside or outside of the United States.
iGhost does not exercise powers upon the acts of Service Providers/ Vendors, therefore if any Service Provider/Vendor changes the number which it has provided, iGhost will not charge the Customer for that number for that month. In any case iGhost will not be held responsible for any additional costs that the Customer may incur in the form of damages or any other costs incurred due to the change of the phone number by the Service Provider/Vendor.
If the number remains out of service which may be for whatever reason for a period extending for more than 3 days in a row, in this case iGhost will not charge the DID rent charge for that monthly billing cycle.
B. Term
The term of this Agreement depends on the plan, feature or promotion Customer selects and is described in separate subscriptions, calling plans, or rate plans in materials provided by iGhost, Inc. 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 iGhost, Inc activates Service for the Number. 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, Customer will be responsible for all charges, including without limitation, unbilled charges, which immediately become due. 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 iGhost, Inc.
C. Unauthorized Usage
Customer may not use the number for the any illegal activity of any country that the number belongs to or the number rings to, and must follow the law’s of the local country where the number is from or where the number is ringing in.
The calls on the number may be recorded by iGhost on the suspesion of misuse, and recorded calls may be handed over to government authorities without prior permission or notification to the customer.
D. Return Policy
Any Phone Number that Does not work for more than 3 days in a Row, will NOT be charged for that particlar given month.
Calls sent to your Ring To Number will be charged even if you are not able to hear the calling party, however it may be given a Credit Against at the disgresion of The Customer Service agent.
Any and all complaints must be made via online ticketing system, and can not be issued credit of without making a ticket on the web.
2. CHANGES TO THIS AGREEMENT
iGhost, Inc. may amend the terms of the Agreement, including all Calling Plans, with advance notice. If Customer does not agree to the amendment, Customer may terminate the Agreement by giving iGhost, Inc notice within 10 full business days (Sunday through Friday USA CST) of the date iGhost, Inc notifies Customer of changes to this Agreement, and will be charged a disconnect fee. If Customer uses the Service on the tenth day after Customer has been notified and/or does not notify iGhost, Inc of its intent to terminate the Agreement within 10 days, Customer is deemed to have consented to the change. Any change will take effect in the next billing cycle subject to pro rata billing during the then current billing cycle. If Customer transfers to a Calling Plan having a term that is shorter than its previous Calling Plan, it may remain obligated to the previous Calling Plan, at the option of iGhost, Inc.
3. 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 fee, setup fee, usage charges, advanced feature charges, Device charges, shipping, and others. Charges, including disputed amounts, must be paid by the date shown on the invoice. iGhost, Inc calculates all rates at one-minute increments, rounded up to the nearest minute, commencing upon the first use of any services being provided. Customer agrees that (a) it would be impractical to determine the exact amount of iGhost’ damages if Customer fails to pay promptly, and (b) in the event of such failure, Customer shall pay iGhost, Inc the amount due. If iGhost, Inc accepts late or partial payments or payments marked “Paid in Full” or similar notations, it will not waive any of iGhost, Inc rights hereunder nor will it constitute an accord or satisfaction. iGhost, Inc reserves the right to charge it’s Customer for bills which are back dated for upto a period of one year, if due to some reason an error has occurred in the billing system of iGhost, Inc.
iGhost, Inc 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 $150USD. Invoices are payable on receipt. Note that international calls are not included in the Unlimited USA incoming and outgoing call plan.
Virtual Telephone Line origination charges are charges that will be charged to receive the call on a particular phone number. Virtual Telephone Line termination charges are charges for sending the call to a particular number or location.Virtual Telephone Line monthly charge is the monthly line rent of the phone number.
B. Credit Card Charges
If Customer pays by credit card, it authorizes iGhost, Inc. to charge the credit card account number for iGhost, Inc charges that accrue during the billing cycle. Customer reauthorizes iGhost, Inc to charge its designated credit card account each time it uses Service and/or as required by the Calling Plan Customer chooses. This authorization will remain valid until terminated by written notice to iGhost, Inc. It is expressly understood and agreed that the term for Service will automatically renew for a similar term until such time as Customer notifies us in writing of its intention not to renew. iGhost, Inc may terminate your account at any time, in iGhost, Inc’s sole discretion, for declined credit cards or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to iGhost, Inc for all charges accrued from usage of Service and all charges incurred by iGhost, Inc due to said declines, etc.
If your Credit Card decline to due to any reason for example, Billing Address not matched or Decline due to lack of funds then we will charge you 1$ Credit Card Decline Fees.
If you have an issue with credit card charges, you should contact our company iGhost, Inc. first by logging into your account and create a ticket of communication concerning the matter. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s) we provide, you agree that we may suspend access to any and all accounts you have with us. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $100 (US Dollars). Reinstatement of Service(s). Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as “iGhost”
C. Default/Termination
iGhost, Inc reserves the right to terminate Service at iGhost, Inc’s discretion. iGhost, Inc may discontinue the Service if there’s no paid activity for continual 6 months and 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 iGhost, Inc, fail to perform any of your obligations set forth in this Agreement between Customer and iGhost, Inc, are suspected by iGhost, Inc of committing fraud, harming iGhost, Inc’s network, harming Service to other customers, using Service in any way that damages iGhost, Inc — Customer will reimburse iGhost, Inc for its attorneys’ and expert witnesses’ fees and costs of investigation, collection and similar expenses incurred by iGhost, Inc in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, iGhost, Inc may keep any charges or sums prepaid by Customer upon termination. iGhost, Inc may require reactivation charges to renew Service after termination or suspension.
D. Taxes
Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on iGhost, Inc 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 iGhost, Inc with an original Tax Exempt Document. Tax exemption will only apply from the date iGhost, Inc receives the Tax Exempt Document.
E. 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 iGhost, Inc within 30 days of termination. Failure to do so will result in charging Customer’s account and/or credit card the full amount of the Device.
4. LIMITATIONS
A. Limitation of Liability
iGhost buys numbers from different Service Providers in the world and does not exercise powers on the acts of these Service Providers, therefore if any Provider changes the number which it has provided, iGhost will not charge the customer for that number for that month. In any case iGhost will not be responsible for any additional costs that the Customer may incur in the form of damages or any other costs incurred due to the change of the phone number.
iGhost, Inc’s nonperformance hereunder shall be excused and iGhost, Inc 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 iGhost, Inc’s control, including without limitation the failure of an incoming or outgoing call, including a 9-1-1 emergency call to be connected or completed, or degradation of voice quality. iGhost, Inc’s liability for any failure or mistake shall in no event exceed Service charges during the affected period. iGhost, Inc is not liable for any incidental or consequential damages of any type.
B. Indemnification
Customer agrees to defend, indemnify, and hold iGhost, Inc, its affiliates and agents and any other service provider, harmless from claims or damages relating to this Agreement. This paragraph shall survive termination of this agreement.
C. No Warranties on Service
iGhost, Inc provides no warranties of any kind on the Service. Statements regarding or descriptions of the Service, if any, by iGhost, Inc or iGhost, Inc’s agents or installers are informational and are not given as a warranty of any kind.
5. RESOLUTION OF DISPUTES
A. Mandatory Arbitration
Any dispute or claim between Customer and iGhost, Inc 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 an arbitration initially will be divided evenly between Customer and iGhost, Inc. 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 Florida, unless otherwise agreed to by both Parties in writing.
6. 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. iGhost, Inc is not liable for any lack of privacy which 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 iGhost, Inc and will be considered given on the date sent by iGhost, Inc. Customer is responsible for notifying iGhost, Inc of any changes to its email address. Notices to iGhost, Inc shall be considered given when received by iGhost, Inc at: [email protected]