This Service Agreement sets out specific terms and conditions applicable to the Voice over Internet Protocol service (“VoIP”) of 4Cloud. This Service Agreement forms part of the Agreement between you and 4Cloud, which also includes: (1) the Service Terms; (2) any other Service Agreements for other 4Cloud Services to which you have subscribed; and (3) any other 4Cloud document describing features, products or services and any other document incorporated by reference.
In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to any Service Agreement(s), then to the Service Terms, then to any other 4Cloud documentation describing features, products or services and finally to any other documents incorporated by reference.
Unless otherwise defined herein, all capitalized terms in the Service Agreement have the meaning assigned to those terms in the Service Terms.
1. How do I accept this Service Agreement?
You acknowledge that you have read, understood and agreed to this Service Agreement by either: (i) placing an order for VoIP by any means including online or over the phone; or (ii) using VoIP.
If you do not agree to the Service Terms or this Service Agreement, or any other parts of the Agreement, you may not use VoIP. If you are using Services on behalf of a business (e.g., your employer or a contractor) or other legal entity, you represent that you have the authority to bind that company or other legal entity to this Service Agreement.
2. What is VoIP?
It is a voice communications service over an Internet connection. VoIP is comprised of voice calling functionality and equipment (“Equipment”).
3. Are there any eligibility requirements to receive VoIP?
Yes. Eligibility for VoIP depends on several factors. You must have an active Internet connection to utilize VoIP. When you apply for VoIP, 4Cloud will qualify the address of your premises for service availability.
4. Where can I find information and pricing for VoIP?
The Website provides information and pricing for all VoIP service packages and optional service features.
5. How do I select a VoIP service package and service features?
With reference to the service information and pricing on the Website, you select your service package and service features when placing an order for VoIP with 4Cloud.
6. What Equipment is required to use VoIP?
VoIP requires Equipment consisting of a handset device, adapter and other ancillary hardware.
Subject to availability, Equipment may be purchased at prices available on the Website or, if not available on the Website, at prices quoted by 4Cloud on request. 4Cloud may also provide you with certain Equipment at not cost, but all such Equipment that is not purchased by you shall remain our property at all times and must be returned to us if VoIP is cancelled for any reason.
From time to time, software updates may be automatically downloaded to, and installed on, the Equipment. These software updates are necessary for the continued and reliable delivery of VoIP service and service features. By subscribing to VoIP, you consent to the download and installation of such updates. If you do not agree to the downloading and installation of these software updates, your only remedy is to cancel VoIP.
7. How do I return Equipment to 4Cloud if my Services are cancelled?
When your Services are cancelled, you must return Equipment that you have not purchased to 4Cloud at the address listed in Section 42 of the Service Terms. Within thirty (30) days of the date of service cancellation, you must return the Equipment to 4Cloud.
If 4Cloud does not receive your returned Equipment within thirty (30) days of the date of cancellation, you will be charged an Equipment replacement fee that is equal to up to the full replacement price of the Equipment minus depreciation, as determined by 4Cloud.
8. What Term and payment terms apply to VoIP?
VoIP is offered on a month-to-month basis. When ordering VoIP, you may request that 4Cloud bill you on a monthly, quarterly, bi-annual or annual basis.
9. Can 4Cloud make changes to VoIP?
Yes. Pursuant to Section 5 of the Service Terms, 4Cloud may at any time make changes to VoIP, including pricing changes. 4Cloud can make changes to VoIP whether you have subscribed on a month-to-month or Fixed Term basis.
10. Can I make changes to VoIP?
Yes. For month-to-month arrangements, you may make changes at any time by contacting 4Cloud at the coordinates listed in Section 42 of the Service Terms.
11. Can I transfer a phone number from another provider to 4Cloud?
Yes. You may transfer a phone number from another provider to 4Cloud.
12. Can I transfer my phone number from 4Cloud to another service provider?
Yes. You may transfer a phone number from 4Cloud to another service provider. Transfer-out of VoIP or all your phone numbers will automatically terminate this Service Agreement in accordance with section 29 of the Service Terms.
13. Will 9-1-1 service always be available over VoIP?
No. We offer a form of 9-1-1 service that is similar to traditional 9-1-1 (911) service but has some important differences and limitations when compared with enhanced 9-1-1 service (E911) available in certain locations in conjunction with traditional telephone service. With both traditional 9-1-1 and E911 service, your call is sent directly to the nearest emergency response center. In addition, with E911 service, your callback number and address are visible to the emergency response center call–taker.
With our 9-1-1 service, our third-party operators route your call to the proper emergency services agency anywhere in the country using the 9-1-1 network, but your phone number and location are not visible to the emergency response center call-taker. You should be prepared to provide or confirm your address and call-back number with the operator. Do not hang up unless told directly to do so and if disconnected, dial 9-1-1 again.
You should ensure your location information, when registered with us, is kept current at all times. In case you are not able to speak during the 911 call, the call taker will dispatch emergency response vehicles to your last registered address. Remember that you need to update this information if you move your device to a different location and/or if you add a new line to your account. Your 9-1-1 service is activated when you subscribe to our service.
Remember that the 9-1-1 service will not function in the event of a power or broadband outage or if your Services are suspended or terminated. You should inform any employees, household residents, guests and other persons who may be present at the physical location where you use our service of the important differences in, and limitations of, VoIP 9-1-1 service as compared with E911 service, as set out above.
14. How do 4Cloud Parties limit their liability for VoIP 9-1-1 services?
You acknowledge and agree that, to the maximum extent allowed by law, 4Cloud Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from VoIP service and you agree to indemnify and hold harmless the 4Cloud Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your 4Cloud VoIP service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.
