Last Updated: April 15, 2023
This agreement (“Agreement”) is between 101VOICE, Inc. (“101VOICE”) and an end user (“End User”) of the 101VOICE Mobile Softphone Voice over IP (“VoIP”) Service (“101VOICE Mobile Softphone”). Any 101VOICE Mobile Softphone services or products (“Services”) provided by 101VOICE to End User shall be governed by the terms and conditions herein. By downloading the 101VOICE Mobile Softphone software (“Software”) and purchasing the Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between End User and 101VOICE by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; and (2) LIMITING 101VOICE’s LIABILITY UNDER THE AGREEMENT. End User acknowledges that they are of legal age to enter into this Agreement. All telecommunications services are provided by Visit, Inc. End User agrees to designate 101VOICE as its agent for purposes of the Services provided by Visit, Inc. Services are only provided where authorized.
Customer and End User acknowledge and understand that 101VOICE Mobile Softphone calls are connected to the 101VOICE network via a regular cellular phone call or data connection to or from Customer’s existing mobile service provider’s network in order to place or receive calls using the 101VOICE Mobile Phone App. The Mobile Phone Application works with a cell phone carrier’s 3G, 4G, 5G, GSM, or other Internet service to send voice calls as digital signals over the Internet using Voice over IP technology. Mobile VoIP phones can also take advantage of WiFi hotspots to lower or eliminate the calling costs of a cellular voice or data plan, and Customer acknowledges use of WiFi with and for the Mobile App may incur additional charges and will use data services provided by the cell phone carrier’s data plan. All charges, air time, toll charges, roaming fees and other fees otherwise charged by Customer’s mobile phone service provider will be collected by Customer’s mobile service provider, separate from and in addition to any charges owed to 101VOICE. Use of the 101VOICE Mobile Softphone outside of the United States will incur international roaming and toll charges from Customer’s mobile phone service provider according to Customer’s current plan, separate from and in addition to the 101VOICE Mobile Softphone toll charges.
The 101VOICE Mobile Application can be configured to make or receive calls on Customer’s mobile service provider’s network using Customer’s data service and may result in additional data usage fees from Customer’s mobile service provider. Customer can disable cellular network calling by configuring the Mobile Application to make/receive calls only over a WiFi connection. Configuring the Mobile Application to disable VoIP calling will result in 101VOICE making/receiving calls using Customer’s voice connection from Customer’s mobile service provider; this may result in additional voice minute usage fees from Customer’s mobile service provider.
The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY 101VOICE, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON 101VOICE. No waiver or amendment to this contract or these terms and conditions shall be binding on 101VOICE unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of 101VOICE.
The term of this Agreement (“Term”) begins on the date that End User Purchases Services and continues for the duration of the service period as defined by the service plan that is selected by End User (“Plan”). Subsequent terms of this Agreement automatically renew on a monthly basis without further action by End User unless End User gives 101VOICE written notice of non-renewal at least thirty (30) days before the end of the monthly term in which the notice is given. In the event that the user does not use the service for 90 consecutive days, the service will terminate and any renewal of the service may result in a charge at the then going rate for the service. End User is purchasing the Service for full monthly terms, meaning that if End User attempts to terminate Service prior to the end of a monthly term, End User will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges plus any applicable disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of the Services does not excuse the End User from paying all unpaid, accrued charges due in relation to the Agreement hereunder.
Emergency calls made from a mobile cell phone are handled differently than traditional land line VoIP calls. You acknowledge you have received and understand the following advisories and will ensure all users will have received and understand them before use of 101VOICE telephone services and the 101VOICE Mobile Phone Application. THE SERVICES DO NOT PROVIDE 911 SERVICES. 911 CALLS MADE FROM A MOBILE DEVICE WILL CONTINUE TO BE ROUTED BY YOUR EXISTING MOBILE SERVICE PROVIDER. Reference:
Upon purchase of the Service, End User must provide 101VOICE with a valid debit or credit card number from an issuer that is accepted by 101VOICE. End User authorizes 101VOICE to charge the credit card number provided by End User (“Credit Card”) for all charges arising from End User’s use of the Services. End User agrees to notify 101VOICE of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. 101VOICE shall not be responsible for any charges made by the Credit Card issuer to End User’s Credit Card account for exceeding credit limit, insufficient funds or other reasons.
5.2 Credit Terms
All Services provided to End User and covered by the Agreement shall at all times be subject to credit approval or review by 101VOICE. End User will provide such credit information or assurance as is requested by 101VOICE at any time. 101VOICE, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit. The services may be terminated without notice if fraud is suspected.
101VOICE will provide End User with a monthly on-line billing statement for the Services and bill all charges invoiced to End User’s account to the Credit Card. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, Software charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month’s service; toll charges and any other applicable charges are billed subsequent to the end of each month’s service. 101VOICE reserves the right to charge the Credit Card for cumulative charges due, if at any time End User’s out-of-plan toll minutes for the current month exceed ten dollars ($10.00). Billing for monthly service fees commences upon purchase of the Services on the web site, and the first month’s monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.
If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, 101VOICE may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by 101VOICE. If charges cannot be processed to the Credit Card and the End User’s account is suspended, End User will be charged a fee of ten dollars ($10.00) to activate the account. No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder.
Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides 101VOICE with an appropriate exemption certificate. If any amounts paid for the Services by End User are refunded by 101VOICE, applicable taxes may not be refundable.
5.6 Rate Changes
101VOICE may change the prices for the Services and toll charges from time to time. 101VOICE may change prices, plans, taxes or fees without any advance notice. In the event of a change in prices or toll charges, 101VOICE will post such changed rates to the web site currently located at http://www.101VOICE.com. International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates.
End User acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances for interruption of the Services shall not be provided.
From time to time in its sole discretion, 101VOICE may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
5.9 Billing Disputes
End User must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by 101VOICE or End User waives any objection and further recourse. Written statements disputing charges must be sent to: Billing Department, IT Management Corp. d/b/a 101VOICE, 5201 Great America Parkway, Suite 320, Santa Clara, California 95054.
Every call to or from equipment using the Services that originate or terminate in the Public Switched Telephone Network (“PSTN”), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States to a non-101VOICE phone number will be charged at the current rates published on the 101VOICE web site at http://www.101VOICE.com. The duration of each call is to be calculated in one-minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When End User dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by an End User to an International mobile, rather than landline, or information services or premium rate telephone number may result in higher toll charges. These toll charges are available by contacting 101VOICE.
End User shall not modify the Software in any way without the express written permission of 101VOICE. End User shall not use the Software except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken equipment and may be required to purchase replacement Software to continue service. End User shall immediately notify 101VOICE of any lost or stolen equipment and shall cooperate with 101VOICE in all reasonable aspects to eliminate actual or potential unauthorized use of the equipment. At 101VOICE’s sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that 101VOICE is informed of the loss or theft and can effect a termination of the Services.
Any use of the Services or any other action that causes a disruption in the network integrity of 101VOICE or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of 101VOICE. End User understands that neither 101VOICE nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Software for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of 101VOICE.
End Users are solely responsible for maintaining the confidentiality of End User password and account, and agree not to transfer email address or password, or lend or otherwise transfer use of or access to the 101VOICE Service, to any third party. End Users are also solely responsible for any and all activities that occur under End User account. End User agrees to immediately notify 101VOICE of any unauthorized use of End User account or any other breach of security related to End User account or the 101VOICE Service, and to ensure that End User “log off”/exit from End User account (if applicable) at the end of each session. 101VOICE is not liable for any loss or damage arising from End User failure to comply with any of the foregoing obligations. In consideration for using the 101VOICE Service, End User agrees to: (1) provide certain current, complete, and accurate information about End User when prompted to do so by the 101VOICE Service, and (2) maintain and update this information as required to keep it current, complete and accurate. End User agrees that any such information shall be accurate. End User agrees that End User are solely responsible for the content of all visual, written or audible communications (“Content”) sent by End User or displayed or uploaded by End User in using the Services. End User agrees that End User will not use the Services to send unsolicited commercial e-mail outside End User company or organization in violation of applicable law. End User further agrees not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Recognizing the global nature of the Internet, End User also agrees to comply with applicable local rules or codes of conduct (including codes imposed by End User employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which End User reside. 101VOICE reserves the right to investigate and take appropriate action against anyone who, in 101VOICE’s sole discretion, is suspected of violating this provision, including without limitation, reporting End User to law enforcement authorities. Use of the Services is void where prohibited. Although 101VOICE is not responsible for any such communications, 101VOICE may delete any such communications of which 101VOICE becomes aware, at any time without notice to End User. End User retains copyright and any other rights already held in Content which End User submits, posts or displays on or through, the Services. End User understands and agrees that by displaying, exchanging or uploading Content to a 101VOICE website, transmitting Content using the Services or otherwise providing Content to 101VOICE, End User automatically grants (and warrants and represents End User has a right to grant) to 101VOICE a world-wide, royalty-free, sublicensable (so 101VOICE affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services.
End User acknowledges and understands that 101VOICE Mobile Softphone calls are connected to the 101VOICE network via a regular cellular phone call of your existing mobile service provider’s network. All charges, air time, toll charges, roaming fees otherwise charged by your mobile phone service provider will be collected, in addition to the toll charges owed to 101VOICE. Use of 101VOICE Mobile Softphone outside of the United States will incur international roaming and toll charges from your mobile phone service provider according to your current plan in addition to the 101VOICE Mobile Softphone toll charges.
24.1. Mandatory Arbitration
PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, END USER AND 101VOICE WILL ARBITRATE ANY DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO END USER, INCLUDING ANY BILLING DISPUTES (“CLAIM”). CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). This agreement to arbitrate also requires End User to arbitrate claims against other parties relating to Services or Products provided or billed to End User if Claims are asserted against 101VOICE in the same proceeding. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED COMMERCIAL ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. End User will pay the published share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”) except that: (a) for Claims less than $20, 101VOICE will pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, End User will pay only $20 in Fees and Expenses, or any lesser amount as provided under AAA’s Supplemental Procedures for Consumer-Related Disputes. End User and 101VOICE agree to bear their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. The AAA Supplemental Procedures for Consumer-Related Disputes provide that unless a hearing is requested, disputes will be resolved based on written submissions and no personal appearance is required. If End User requests an arbitration hearing, that hearing will take place either telephonically or in San Jose, California. As a limited exception to the agreement to arbitrate, End User and 101VOICE agree that: (a) End User may file Claims in small claims court in Santa Clara County (San Jose), California, if the Claims qualify for hearing by such court; (b) if End User fails to timely pay amounts due, 101VOICE may assign the account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; and (c) any Claim filed as a class action is not subject to arbitration but instead must be filed in the state and federal courts within Santa Clara County, California.
24.2 Prefiling Notice of Claim
BEFORE INSTITUTING ARBITRATION OR SUIT, END USER AGREES TO PROVIDE 101VOICE WITH AN OPPORTUNITY TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO 101VOICE AT THE ADDRESS BELOW. IF 101VOICE IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF RECEIPT OF NOTICE, THEN END USER OR 101VOICE MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 28.1. All claim notices should be sent to: Director of Customer Support, IT Management Corp. d/b/a 101VOICE, Inc., 5201 Great America Parkway, Suite 320, Santa Clara, California 95054.
24.3 Governing Law
The Agreement and the relationship between End User and 101VOICE shall be governed by the laws of the State of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 24.1, End User and 101VOICE agree to submit to the personal and exclusive jurisdiction of the courts within the state of California, to the extent possible in Santa Clara County, and waive any objection as to venue or inconvenient forum. The failure of 101VOICE to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.