Intelafone Terms of Service
The use of services provided by Intelafone LLC [hereafter referred to as "Intelafone"] 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.
Intelafone provides you with phone services over your broadband connection. There is an important difference between the Intelafone service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with Intelafone has important limitations that you should be aware of and that you advise others that may use the Intelafone 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 INTELAFONE SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.
IF YOU MOVE THE LOCATION OF WHERE YOU USE THE INTELAFONE 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 Intelafone is used, neither Intelafone 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 Intelafone 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 Intelafone nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.
If your Intelafone account is suspended or terminated, the Intelafone 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 Intelafone 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 Intelafone for the location at which Intelafone will be used and to which emergency service will be sent in the event that you use the Intelafone 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 Intelafone will be used. Intelafone 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 Intelafone, 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 Intelafone 9-1-1 dialing service unless such claims or causes of action arise from Intelafone's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless Intelafone, 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, Intelafone 911 dialing feature or service or access emergency service personnel.
Third Party Equipment
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. Intelafone reserves the right to remotely access and manage any devices connected to our network.
Equipment Lease (Not Applicable to Business Accounts)
Intelafone leases the Subscriber either a new or used ATA (Phone Adapter) for home users or office phone for business customers for $2 per month. All used equipment is provided on as-is basis and you agree to hold Intelafone harmless for any defective equipment. In the event of Service termination by either Subscriber or Intelafone, Subscriber must return to Intelafone all leased equipment, including the original power supplies and ethernet cables, in undamaged, usable condition at Subscriber's expense within thirty (30) days of termination. In the event Subscriber does not return the leased hardware to Intelafone in working condition within such thirty (30) day period, Subscriber must pay ninety-nine dollars and ninety cents ($99.90) plus applicable taxes to purchase the ATA (Phone Adapter) or office phone. In the event Subscriber does not return the original power supply or ethernet cable to Intelafone, Subscriber must pay a ten dollar ($10.00) Replacement Fee per unreturned power supply or ethernet cable at the time the hardware is checked-in. Returned equipment check-in can take up to 3 business days from the date of receipt.
Equipment Replacement (Not Applicable to Business Accounts)
If any Intelafone supplied equipment appears to be malfunctioning, the Subscriber must contact Technical Support and work with them to determine if the device is in need of replacement. Only a Technical Support representative has the ability to determine if a device is in need of replacement. If a device is determined to have malfunctioned for any reason, including but not limited to incorrect power supply, customer negligence, and damage from house wiring, Subscriber must pay a $24.95 device replacement fee. If the customer wishes to receive a free replacement they can return their malfunctioning equipment for analysis at their own expense through our RMA process. If it is determined that the equipment has a manufacturer defect alternate equipment will be sent to the Subscriber at Intelafone’s expense.
Intelafone provides support for using our service and provided hardware only. We do not provide troubleshooting or support for routers, computers or internet connections. If you connect the Intelafone adapter or office phone to an existing router, we cannot provide troubleshooting for your router if service does not work properly.
Due to the nature of all VoIP services, Intelafone 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 Intelafone service in non-voice scenarios.
Free Trial Period
The free trial period does not start when you connect your equipment, the intelafone free trial starts when you sign up for service online or over the phone. The purpose of the free trial period is to allow for delivery (1-2 weeks) or the number porting process (1-2 weeks). It also gives the customer time to try the service at no risk. Cancelations can take up to 3 business days to process; to avoid service fees please cancel your account 3 business days before your free trial period ends. The free trial does not include international calling, number porting, or other premium charges.
Fair Use of Free Minutes & Premium Calls (Not Applicable to Business Accounts)
Intelafone Residential is designed for customers with usage of under 5,000 minutes per month. Accounts exceeding 5,000 minutes per month will be billed 1.9 cents per minute above the free 5,000 minutes. Customers that use more than 5,000 minutes during the course of a month’s time will be notified by email before overage charges are incurred. Customers will also be able to track their usage from the customer’s online management portal. Call forwarding and three way calling counts as two simultaneous phone calls at the same time - these are premium features and count as double the minutes when used. Intelafone reserves the right to raise a customer's bill at any time if their account becomes unprofitable for Intelafone.
Absolutely no refunds for unused services, you must cancel 1 business day in advance of your billing day of month to avoid service charges.
All cancellations must be made by calling 206-409-9100 and selecting option #3 for the billing department.
For more information regarding cancellation procedure, please email cancel@Intelafone.com.
Equipment must be returned at the subscriber's expense within 30 days, otherwise additional fees apply. (see equipment lease section above)
* Equipment returns without prior cancelation via the above methods will not be accepted as a valid cancelation. *
* Number ports away from Intelafone will not be considered a valid cancellation. *
Accounts renew automatically unless cancelled. Accounts will renew on or around the anniversary of your initial order based on your selected term. All Intelafone services are prepaid at least one month in advance.
Customers are responsible for all international and premium calling usage charges. Intelafone will bill your credit card automatically for these charges. These charges may be delayed at our discretion or billed at any point immediately following the completion of such calls.
Intelafone will charge a one-time number porting fee of $15 for all number ports. This fee is non-refundable if number port is not canceled within 24 hours.
Intelafone will charge a $3 e911 cost recovery fee, and a $2 federal and state tax recovery fee on all accounts.
Phone service will be disconnected immediately if balance is unpaid. There is a $5 paper statement fee. All services will be charged via automatic credit card withdrawal. Any account that goes into collection status will be transferred to a collection agency. Subscribers must pay a fifty dollar ($50.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance..
Right to Refuse Service
Intelafone reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. Intelafone also reserves the right to terminate accounts with or without reason at its sole discretion. If Intelafone 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 Intelafone terminates service for Terms of Service violation, the user is not entitled to any refund.
Intelafone utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Intelafone makes no claims with regards to the privacy of voice packets transmitted over public networks.
Customer agrees that it shall defend, indemnify, save and hold Intelafone harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Intelafone, 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 Intelafone against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Intelafone; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
By using any Intelafone service, you agree to submit to binding arbitration. If any disputes or claims arise against Intelafone or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of Intelafone 's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Washington. 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.
Intelafone shall not be responsible for any damages you or your business may suffer. Intelafone makes no warranties of any kind, expressed or implied for services we provide. Intelafone 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.