These Terms of Service constitute the agreement ("Agreement") between ACT USA Enterprises, Inc. DBA Coder Communications.com ("we," "us" or "Coder Communications") and the user ("you," "user" or "Customer") of Coder Communications services. BY 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.
1. 911 EMERGENCY SERVICES
The Service does not support traditional 911 access to emergency services.
You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of traditional 911.
Coder Communications VoIP services do have a 911 offering, but in order for it to be effective we must be supplied with the exact address (physical location) of each phone. It is the customer’s responsibility to provide Coder Communication with this information, and to update that information when the phone is moved.
2. Service Term
Service is offered on a monthly basis for a term that begins on the date that we activate your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least seven (7) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
3. Requirements
Coder Communications requires that you have a broadband connection already in place in order to use it’s VoIP service. A broadband connection is defined as a ‘broad bandwidth’ connection. It allows a large amount of data to travel through a medium at the same timeIn other words, a high-speed internet connection, such as DSL, Cable Modem, T1, etc. Dial Up Internet Access will not work with Coder Communications VoIP services. The other consideration is that network traffic is bi-directional. In internet terms, there are download and upload paths for a connection. Many always on, high speed services have lower upload and higher download capacities. In network terms, these are called asymmetrical services. This complicates things somewhat when rating a service as both are significant.
Coder Communications VoIP Packages do not include a SIP phone. They are available for purchase through Coder Communications at a discounted rate. Coder Communications will preconfigure the phone prior to delivery. Once the customer receives the phone, it is ready to be plugged in and used. This phone will become your property and may not be returned for refund or credit. If the phone is found to be defective in the first 90 days, Coder Communications will repair or replace the phone at no cost. If the damage to the phone was due to misuse or neglect, the phone will not be repaired or replaced by Coder Communications. You may use your own SIP phone, but you will be responsible for all configurations and no technical support will be given without additional fees being charged by Coder Communications.
4. Package Plans
Coder Communications offers 2 types of Plans, Package and Pay as You Go. If you are using a Package plan, you will select a package with a predetermined amount of minutes per month. This ‘block’ of minutes includes all incoming and outgoing calls, both local and long distance calls, too. It works similar to a typical cell phone plan. Additional blocks of minutes are available as add-ons to your plan. You can switch, but at least 7 days notice prior to the end of a bill cycle is required. If you selected a Pay as You Go Plan, then you will be billed for your actual usage for all incoming and outgoing calls, plus a monthly ‘Service Fee’.
You will receive a monthly invoice with a summary of minutes used. If you do not go over your plan minutes, you will only be charged your Package Fee, plus any applicable taxes. If you do use additional minutes, then you will be charged at the current rate. Additional blocks of minutes are also available for purchase. These blocks of minutes must be purchased in advance of using the extra minutes. All charges will be listed on the monthly invoice. Please pay from this invoice within 10 days. Upon request, a detailed call detail records will be provided to you. You are entitled to resale the service but you shall not transfer the service to another party without our prior written consent.
We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the service was inconsistent with normal business usage patterns.
5. Prohibited Uses
(a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Coder Communications will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Coder Communications will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others
6. Use of Service and Device by Customers Outside the United States
Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States or Canada.
7. Tampering with the Service
You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
8. Theft of Service
You shall notify us immediately, in writing or by calling our customer support line, if you have reasons to believe that your account has been compromised or that at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.
9. No 0+ or Operator Assisted Calling; May Not Support x11 Calling
The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 411, 511 and/or other x11 services in one or more (or all) service areas.
10.No Directory Listing
The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred (ported) from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
11.Incompatibility With Other Services
(a) Home Security Systems. The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem Services. You acknowledge that there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
12. Termination
We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
13. SERVICE OUTAGES
Although we strive to provide perfect and uninterrupted service, many factors beyond our control can affect service quality. There is no service uptime or voice quality guarantee. The Service is bandwidth dependent and the quality of the service is connected to the quality of the internet connection. Any fluctuations in the broadband service might result to a reduced quality of service. For outages longer than 24 hours, you are entitled to a prorated refund, based on your monthly service charges, for the entire duration of the outage.
Outages due to connectivity problems at the customer's end are not grounds for a refund. These include:
(a) Power Failure or Disruption. The service does not function in the event of a power failure or disruption at customer premises until power is restored.
(b) Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service from functioning.
(c) Suspension or Termination of VoIP Account. Service outages due to suspension or termination of your account will prevent all Service from functioning.
(d) ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that Coder Communications is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
14. CHARGES; PAYMENTS; TAXES; TERMINATION
Billing
Upon service activation, you must provide us with a valid email address and billing address. We bill all recurring charges, usage charges, applicable taxes and surcharges monthly. Any usage charges will be billed in increments that are rounded up to the 30 seconds for US destinations, and 30 seconds for international destinations, except as otherwise set forth in the rate schedule found on our website. Your charges become due on your billing day of every month; you will receive your monthly invoice including a breakdown of all charges and your call detail records by email. Your outstanding balance is payable within 20 days from the invoice date. Delinquent accounts are subject to a delinquent fee of 5% of the balance due or $5.00, whichever is more. Any account more than 30 days past due is considered delinquent and the delinquent fee will be added to the next month’s bill. If an account becomes more than 45 days past due, services will be suspended until account is brought current. To turn the service back on, a $25 Service Charge will be required in advance of the service being reinstated.
15. Automatic Payments and Credit Card Payments
You may set up automatic payments via credit card to eliminate the possibility of a late payment. To set up credit card payments, please contact Coder Communications directly at 877-749-9779.
16. Billing Disputes
You must notify us in writing within seven days after receiving your invoice if you dispute any charges on that invoice or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent by email to: billing@codercommunications.com.
17. Payment Methods
We accept payment by Credit Card, check or money order. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
18. Setup Charge
The Setup Charge is a fee to cover the time Coder Communications takes to get your account up and running. This includes a variety of tasks, and is not negotiable. The Setup Charge must be paid, it is not refundable. If you choose a package where there is no setup charge, you may still be required to deposit funds to establish credibility with our company. All deposited funds are fully usable for service payment and will be applied to your invoice(s). We reserve the right to refuse service to anyone. Special DID orders, number ports (LNP and toll-free) are subject to installation charge; please refer to our current rate schedule available upon request.
19. Termination Charge
There is no termination charge, however, you upon termination your outstanding balance becomes immediately due in its entirety. If you terminate before the end of the billing cycle, you will receive a refund of no more than 50% of your monthly Package Fee. This refund will be calculated by the amount of days left in the billing cycle and the amount of minutes left on the plan, at Coder Communications sole discretion.
20. Taxes
You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
21. Payphone Charges
We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs.
22. Charges for Directory Calls (411)
We will charge you $1.50 for each call made to directory assistance.
23. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
Limitation of Liability
We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- an act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- major events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to you;
- outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
- any act or omission by you or any person using the Service or Device provided to you; or
- any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
24. Disclaimer of Liability for Damages
IN NO EVENT WILL CODER COMMUNICATIONS , ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
25. Indemnification and Survival
(a) Indemnification. You shall defend, indemnify, and hold harmless Coder Communications , its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
26. No Warranties on Service
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER CODER COMMUNICATIONS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CODER COMMUNICATIONS 'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CODER COMMUNICATIONS OR CODER COMMUNICATIONS 'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
27. Content
You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
28. No Waiver of Rights
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
29. Entire Agreement
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Coder Communications and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Coder Communications and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
30. Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
31. FUTURE CHANGES TO THIS AGREEMENT
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 http://www.codercommunications.com Such changes will become binding on you on the date they are posted to our website and 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.
32. PRIVACY
Coder Communications utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Coder Communications is not liable for any lack of privacy which may be experienced with regard to transmission of voice data.
Your account details including your email address, billing address or billing information are transferred using the industry-standard SSL encryption and will not be shared with any third party.
Last Updated: May 5, 2007
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