• PRIVACY POLICY
  • TERMS OF SERVICE
  • SEAT LICENSE / SERVICE-ONLY TERMS OF SERVICE
  • DATA REQUEST GUIDELINES
  • SMS / MMS

Introduction

SpectrumVoIP, Inc. and its subsidiaries and other affiliates (“SpectrumVoIP”) recognize and support the privacy rights of all persons, and we respect these rights when we collect and process personal information (“PI”). We have developed and adopted this Privacy Policy to describe our privacy values and guide our processing of personal information. By purchasing, subscribing to, or utilizing the Products and/or Services, or registering to attend, attending, and/or participating in any SpectrumVoIP sponsored events or other events in which SpectrumVoIP participates, you agree to be bound to the terms and conditions of this Privacy Policy.

The obligations and responsibilities set out in this Privacy Policy are applicable to SpectrumVoIP and its personnel and will be made available on SpectrumVoIP’s website (www.spectrumvoip.com/privacy-terms/).  The obligations and responsibilities set out in the Privacy Policy are in addition to any other applicable policies or agreements entered with SpectrumVoIP and any applicable laws and/or regulations.

General Statement

SpectrumVoIP is dedicated to the use of Voice over Internet Protocol (VoIP) and related technologies to improve the telecommunications industry and the lives of individuals throughout the world.

SpectrumVoIP’s goal is to deliver carrier-grade communications services to all its Clients, at a reasonable price and to make available all the benefits that VoIP offers as broadly as possible. To achieve this goal, a Privacy Policy is necessary.

Scope

At SpectrumVoIP, privacy matters.  SpectrumVoIP respects the privacy of its Clients and other individuals with whom SpectrumVoIP has business interactions

This policy is global, applying to all SpectrumVoIP locations. It applies to personal information regardless of format.  For example, the policy applies to computerized records and electronic information as well as paper-based files.

It is also applicable to all personal information that is collected, maintained, or processed by SpectrumVoIP. The concepts enumerated in this policy will guide SpectrumVoIP’s selection and expectations of its Clients, partners, agents, and/or contractors to whom SpectrumVoIP transfers and relies on the processing of personal information.

SpectrumVoIP provides the technology platform for hosted or “cloud” unified communications as a service offering (UCaaS). These Products merely act as a conduit for data transmitted by third parties and Subscribers.  SpectrumVoIP processes personal information that is controlled by or originated from other companies, such as our Clients or other business partners. SpectrumVoIP also processes personal information while providing support for SpectrumVoIP communications products. SpectrumVoIP shall protect personal information, comply with all laws that regulate the processing of such personal information, and process the information only as authorized by the data controller or the data subject. Accordingly, SpectrumVoIP relies on the guidance and direction of the Client (as the data controller), who determines the purposes of processing such personal information.  In some cases, SpectrumVoIP may collect and process personal information for our own business purposes and shall comply with the applicable privacy laws concerning SpectrumVoIP processing.

While SpectrumVoIP does process data in its role of providing a technology platform, it does not own, control, or direct the use of any of the personal information stored or processed by any Client or Subscriber.  SpectrumVoIP only processes such personal information to provide and invoice for purchased and/or subscribed Products and Services.

Data Processor

SpectrumVoIP provides the technology platform for hosted or “cloud” unified communications as a service offering (UCaaS). These Products merely act as a conduit for data transmitted by third parties and Subscribers. SpectrumVoIP processes personal information that is controlled by or originated from other companies, such as our Clients or other business partners. SpectrumVoIP also processes personal information while providing support for SpectrumVoIP communications products.

SpectrumVoIP shall protect personal information, comply with all laws that regulate the processing of such personal information, and process the information only as authorized by the data controller or the data subject. Accordingly, and in its role as a data processor, SpectrumVoIP relies on the guidance and direction of the Client (as the data controller), who determines the purposes of processing such personal information. In some cases, SpectrumVoIP may collect and process personal information for our own business purposes and shall comply with the applicable privacy laws concerning SpectrumVoIP processing.

While SpectrumVoIP does process data in its role of providing a technology platform, it does not own, control, or direct the use of any of the personal information stored or processed by any Client or Subscriber. SpectrumVoIP only processes such personal information to provide and invoice for purchased and/or subscribed Products and Services.

What Information We Collect or Process

SpectrumVoIP processes and in certain situations collects personal information as needed to deliver its Products and Services and manage its business.  When collecting personal information, SpectrumVoIP does so in a reasonable and lawful manner.

The types of information and the purposes for which SpectrumVoIP collects or processes personal information may include:

Indirect End User Phone Contact Information (Personal Identifiable Information)

SpectrumVoIP acts as a data processor with regard to indirect end-user personal identifiable information and our Clients act as the data controller of such data. During SpectrumVoIP’s processing and protection of such data, all use will be in conformity with the data controller’s instructions.

Specifically, only when enabled via system permission on SpectrumVoIP Mobile App Android and SpectrumVoIP Mobile App iOS, SpectrumVoIP shows personal contacts within the respective application. When the user sends an SMS message to one of his/her phone contacts, or when the user initiates a call to one of his/her phone contacts, the phone number is sent securely through SpectrumVoIP’s API. SpectrumVoIP does not store this number with any other PII, and it cannot be directly or indirectly attributed to any person or persons; SpectrumVoIP stores only the phone number and pertinent metadata to be compliant with all applicable state and federal laws, and SpectrumVoIP does not share this data with any advertisers or third parties under any circumstances. A user can revoke phone contact access on his/her mobile device at any time, and his/her app experience is not hindered or interrupted.

SpectrumVoIP Mobile App Android and iOS also uses Gravatar, only when enabled via Settings and UIConfigs, which is a service that provides avatar images linked to the MD5 hash of the user’s email address. This means that, only when Gravatar use is enabled, we hash each contact’s email address and send it to Gravatar to try and retrieve an avatar image. MD5 hashes cannot be directly or indirectly attributed to any person or persons, and we only send the MD5 hash to Gravatar, never the email address in plain text. As with phone contacts, a user can revoke Gravatar access at any time in Settings or via UIConfig, and his/her app experience is not hindered or interrupted.

CLIENTS

SpectrumVoIP uses such personal information only for relevant, appropriate, and customary purposes. SpectrumVoIP will not share or disclose personal information for purposes other than as described herein. Capitalized terms used in this Privacy Policy shall have the meaning as given in Client’s Master Services Agreement (MSA). The following are examples of some of the personal information SpectrumVoIP may process.

Business Contact Information:

SpectrumVoIP may collect and use personal information about individual contacts of Clients and others who access SpectrumVoIP public websites, knowledge bases, forums, ticket systems, or provide personal information through other means. Such information may include but is not limited to account information, first/last name, company name, title, and responsibilities, work email address, work mailing address, telephone numbers, login information, device identifiers, as well as additional information provided by such individuals while receiving Products and Services from SpectrumVoIP and/or requesting information about SpectrumVoIP. We will use such information for the purposes of providing Products and Services, support, conducting data analytics and product assessments and related activities, and providing information regarding SpectrumVoIP Products and Services.

Customer Proprietary Network Information (CPNI):

Customer Proprietary Network Information (CPNI) may include information regarding quantity, destination, technical configuration, location, amount of use, and related billing information of telecommunications, interconnected and/or non-interconnected Voice over Internet Protocol (VoIP) services. This may include but is not limited to the phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from) through our Products and Services. The date, time, and duration of the calls may also be collected. This data is used for billing and service level assurance.

SpectrumVoIP provides Products and Services that are primarily for the benefit of Clients and Subscribers in that SpectrumVoIP transmits, routes, switches, or caches information. These Products and Services merely act as a conduit for data transmitted by third parties and Subscribers. SpectrumVoIP does not determine the purposes and means of processing this personal information. Except for Subscriber data provided by the Client (the Subscribers service provider) for which SpectrumVoIP is merely providing a conduit for transmission, the subscribed services are of such a nature that, in most instances, SpectrumVoIP requires and collects only essential CPNI and billing information; and opting out or declining to provide the requested data may hinder the provision or delivery of subscribed services. However, for CPNI data that is collected by SpectrumVoIP that is not subject to the control of others, SpectrumVoIP shall obtain consent from the user for the processing of this data.

SpectrumVoIP collects end-user CPNI while providing Product support. This data may pertain to Clients of SpectrumVoIP or Subscribers (e.g. end-users of SpectrumVoIP’s direct Clients). This data may include IP address, telephone number, email address, call detail records, call recordings and other information sufficient to identify an individual end-user.

Indirect End User’s CPNI:

SpectrumVoIP acts as a data processor with regard to indirect end-user personal information and our Clients act as the data controller of such data. During SpectrumVoIP’s processing and protection of such data, all use will be in conformity with the data controller’s instructions.

Direct End User’s CPNI:

SpectrumVoIP typically collects and processes direct end-user (e.g. Clients, vendors, and partners) personal information for the purposes of providing Products and Services, support, conducting data analytics, and managing product performance.

Messaging, Voicemail, Video, and Media Files:

SpectrumVoIP provides Products and Services that facilitate the recording and storage of audio and video by way of features such as but not limited to voicemail, call, and conference recording.  Users may elect to store or record personal information within these resources at their discretion.

Anonymized, Non-Identifying Voice and Traffic Data

SpectrumVoIP may use anonymized, non-identifying data collected from use of our Stratus and Enswitch Portal and other SpectrumVoIP Products and Services. This anonymized, non-identifying data may be used to enhance such items, but is not limited to, voice activation, improve traffic analysis algorithms and techniques, and recognition algorithms. This processing is executed under applicable terms and supports SpectrumVoIP’s legitimate interests in tuning, maintaining, and enhancing these Products and Services.

Cookies

SpectrumVoIP websites may use cookies to collect certain kinds of personal information about Subscribers or users. For more information on how SpectrumVoIP uses cookies and choices available to Subscribers and users please refer to the following section.

How We Collect Information

We collect information in various ways, including the following:

When you use one of our Products or Services, SpectrumVoIP collects, and stores certain information that you provide directly. We also collect information about your use of the Products and Services.

Cookies and Similar Collection Methods

SpectrumVoIP also collects technical information about your usage of the Products and Services, and we use various technologies to collect information about cookies, IP addresses, device type and device identifiers, application state, and the date and time of activity with our Products and Services, and other similar information. SpectrumVoIP may associate this information with your user identification and/or account number for our internal use.

Other Passive Site Tracking

Websites may also utilize Internet Protocol (IP) addresses and log files to identify network and server concerns and problems. SpectrumVoIP also utilizes web beacons and other passive tracking mechanisms to perform standard website traffic analysis in a similar manner to how we utilize cookies.

Credit Card Information

SpectrumVoIP only collects credit card information to bill for purchased or subscribed to Products and Services. SpectrumVoIP utilizes third-party credit card payment processing agents (where these agents are required to implement reasonable and appropriate measures to protect and secure this information from loss or misuse) solely for the purpose of processing payments for those Products and Services purchased or subscribed to. These payment processors’ use of your personal information is governed by their privacy policies, as well as adhering to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like American Express, Visa, Mastercard, and Discover.

HOW DOES SPECTRUMVOIP UTILIZE COOKIES

General Information about Cookies

A cookie (also known as an HTTP cookie, web cookie, or browser cookie) is a small piece of data sent from a website and stored in a user’s web browser while the user is browsing that website. Every time the user loads the website, the browser sends the cookie back to the server to notify the website of the user’s previous activity. Cookies were designed to be a reliable mechanism for websites to remember useful information (such as items in a shopping cart) or to record the user’s browsing activity (including clicking particular or specific buttons, logging in or recording which pages were visited by the user as far back as months or years ago).

Utilization of Cookies

A visit to a page on www.spectrumvoip.com (or other SpectrumVoIP website) may generate the following types of cookie(s):

Anonymous Analytics Cookies

Every time a user visits a SpectrumVoIP website, software provided by another organization (such as Google Analytics) generates an ‘anonymous analytics cookie’. These cookies can tell us whether you have visited the site before. Your browser will inform us if you have these cookies and, if you don’t, our website generates new ones. This allows SpectrumVoIP to track how many individual users we have and how often they visit the site. Unless you are signed in to spectrumvoip.com (or any other SpectrumVoIP website), we cannot use these cookies to identify individuals. We use these cookies to gather statistics: for example, the number of visits to a page. If you are logged in to the SpectrumVoIP website, we will also be provided the details you gave to us for this, such as but not limited to your username and email address.

Registration Cookies

When you register with a SpectrumVoIP website, such as spectrumvoip.com, SpectrumVoIP generates cookies that inform us whether you are signed in or not. Our servers use these cookies to determine which account you are signed in with and whether you are allowed access to a particular Product or Service.

Advertising (Ad) Cookies

These cookies allow SpectrumVoIP to know whether you’ve seen a specific ad or the type of ad, and for how long you have viewed it.  We also utilize cookies to help us direct targeted advertising.

Other Third-Party Cookies

On some pages of our websites, other organizations may also set their own anonymous cookies. They do this to track the success of their products and/or services, or to customize the experience for you. Because of how cookies function, our websites cannot access these Third-Party cookies, nor can the other organization access the data in cookies SpectrumVoIP uses on our websites.  For example, when you share an article or post using a social media sharing button (Facebook, LinkedIn, or other social media outlets) on spectrumvoip.com, the social network that has created the button will record that you have done this.

How Do I Turn Cookies Off

It is usually possible to stop your browser from accepting cookies or to stop it from accepting cookies from a specific website. Most modern browsers allow you to change your cookie settings. You can usually find these settings in the ‘options’ or ‘preferences’ menu of your browser. To understand these settings, you can use the ‘Help’ option in your browser for more details. It is solely your responsibility to stop cookies in your browser.

Note: If you block the use of cookies, then this will limit the service that we are able to provide to you and may affect your visitor/user experience.

VENDORS, SUPPLIERS, AND SUBCONTRACTORS

SpectrumVoIP may collect personal information about individuals who are employed by our suppliers and vendors. This business contact and payment information are strictly used to administer existing and future business arrangements.

OTHERS

Additional personal information may be collected, processed, and disclosed for the purposes for which it was collected and for legal compliance purposes, including regulatory reporting, investigation of allegations of wrongdoing, and the management and defense of legal claims and actions, and compliance with subpoenas, court orders, and other legal obligations. For example, we may collect information about individuals that visit our office or other facilities. When we do collect data, such collection shall be relevant, proportionate, and limited to the purposes for which they are processed.

International Cross-Border Personal Information Transfers

SpectrumVoIP is a U.S.-based, global company. To facilitate our global operations, we may transfer and access such personal information from around the world, including from other countries in which SpectrumVoIP has operations for the purposes described in this Privacy Policy. SpectrumVoIP may also transfer your personal information to our third-party processors as detailed here, who may be in a different country. Such countries may have laws that are different, and potentially not as protective, as the laws of your own country.
Whenever SpectrumVoIP shares personal information originating in the European Economic Area (the “EEA”) with an entity outside the EEA, SpectrumVoIP will rely on lawful measures such as the Privacy Shield Framework detailed in this Privacy Policy.

If you are visiting our Website(s) from the EEA or other regions with laws governing data collection and use, please note that by providing this personal information you are agreeing to the transfer of your personal information to the United States and other jurisdictions in which SpectrumVoIP operates in accordance with this Privacy Policy.

Transfer of Personal Information from the EU, United Kingdom, and Switzerland to the United States

SpectrumVoIP, Inc. complies with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Frameworks (Privacy Shield) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred to the U.S. from the European Union (EU), the United Kingdom (UK), and/or Switzerland, respectively. SpectrumVoIP has certified to the Department of Commerce that they adhere to the applicable Privacy Shield Principles with respect to such data. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

To learn more about the Privacy Shield program, please visit http://www.privacyshield.gov.

With respect to personal information received or transferred pursuant to these Privacy Shield Frameworks, SpectrumVoIP is subject to the investigatory and enforcement powers of the United States Federal Trade Commission (US FTC).

In addition to the protections provided under other sections of this Privacy Policy, SpectrumVoIP will provide the following protections for personal data transferred from the EU, United Kingdom, and Switzerland to the U.S.

CHOICE

Individuals will be offered a clear, conspicuous, and readily available mechanism to choose (opt-out) whether their personal information is (1) to be disclosed to a third party (other than a third party acting as an agent to perform tasks on behalf of and under the instruction of SpectrumVoIP or (2) to be used for a purpose that is materially different than or incompatible with the purpose for which it was originally utilized or subsequently authorized by the individual.

Additionally, individuals will be offered a similar choice mechanism to give affirmative or explicit (opt-in) choices on whether their sensitive personal information is to be disclosed to a third party or used for a purpose other than the purposes for which it was originally collected or subsequently authorized by the individual by opt-in choice. However, the explicit (opt-in) choice is not required when the disclosure of sensitive personal information is (1) in the vital interests of the individual or another person; (2) necessary for the establishment of legal claims or defenses; (3) required to provide medical care or diagnosis; (4) necessary to carry out the organization’s obligations in the field of employment law, or (5) related to personal information that is manifestly made public by the individual.

Transfer of Personal Data from the EU, United Kingdom, and Switzerland to Processors in the United States

SpectrumVoIP, Inc. may transfer personal information to a processor in the United States solely for processing purposes. A “processor” is a third party who processes personal information on behalf of and in accordance with the instructions of SpectrumVoIP. When personal information is transferred from the EU, the United Kingdom, and Switzerland to the United States solely for processing purposes, SpectrumVoIP will comply with the applicable data protection laws including the EU General Data Protection Regulation (or “GDPR”) and the Swiss Federal Act on Data Protection (or “FADP”), respectively, and enter into a contract with the processor to ensure that the processor (1) acts only on instructions of SpectrumVoIP; (2) provides appropriate technical and organizational measures to protect the personal information against unlawful destruction or accidental loss, alteration, unauthorized disclosure or access; and understands whether onward transfers are allowed; and (3) assists SpectrumVoIP in responding to individuals exercising their rights under the Privacy Shield Principles, taking into account the nature of the processing.

Onward Transfers to Third Party Agents

After personal information is transferred from the EU, the United Kingdom, and/or Switzerland to the SpectrumVoIP Privacy Shield Company in the United States, the SpectrumVoIP Privacy Shield Company may thereafter transfer the personal information to third parties acting as controllers. A “controller” is a person or organization that, alone or jointly with others, determines the purposes and means of the processing of personal information. When SpectrumVoIP Privacy Shield Company makes such onward transfers to third-party controllers, the SpectrumVoIP Privacy Shield Company will comply with the Privacy Shield notice and choice principles and enter into a contract with the third-party controller that provides that (1) such personal information may be processed only for limited and specified purposes consistent with the consent provided by the individual; (2) the third party controller will provide the same level of protection as the Privacy Shield principles; (3) the third party controller will notify the SpectrumVoIP Privacy Shield Company if the third party can no longer meet its obligation to provide the same level of protection for the personal information as required by the Privacy Shield principles; and (4) upon such notice by the third party controller, the third party controller will cease processing the personal information and/or take reasonable and appropriate steps to remediate any unauthorized processing.

Recourse Mechanisms for Personal Data Transferred Under Privacy Shield

Inquiries or complaints regarding transfers of personal data from the EU, United Kingdom, and Switzerland to the U.S. pursuant to Privacy Shield should be directed to:

SpectrumVoIP, Inc.
P.O. Box 250588
Plano, TX 75025
Email: privacy@spectrumvoip.com

Individuals have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. Please visit Privacy Shield Annex I for additional information: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Liability

In the context of an onward transfer of personal information, the SpectrumVoIP Privacy Shield Company has responsibility for the processing of personal information they receive under the Privacy Shield and subsequently transfers to a third-party agent. The SpectrumVoIP Privacy Shield Company will remain liable under the Privacy Shield Principles if their third-party agent processes such personal information in a manner inconsistent with the Privacy Shield Principles unless the SpectrumVoIP Privacy Shield Company proves that it is not responsible for the event giving rise to the damage.

Accountability for Onward Transfer

SpectrumVoIP will only transfer or provide direct access to personal information covered by this policy to third parties that have:

  • made a commitment to respect the privacy rights of the data subject;
  • limited processing of personal information to comply with customer and/or data controller instructions; and
  • given SpectrumVoIP contractual assurances that they will provide at least the same level of privacy protection as is required by applicable privacy laws.

Additionally, SpectrumVoIP is committed to subjecting all personal information received from European Union (EU) member countries, the United Kingdom (UK), and Switzerland, in reliance on the EU-US and Swiss-US Privacy Shield Frameworks, to the Privacy Shield Frameworks’ applicable Privacy Shield Principles. SpectrumVoIP will only transfer or provide direct access to EU, UK, and Swiss personal information covered by this policy to third parties that:

  • are located in a jurisdiction subject to the EU Data Protection Directive or with privacy laws considered to be adequate by the EU,
  • subscribe to the EU-US and Swiss Privacy Shield Principles, as or
  • have given SpectrumVoIP contractual assurances that they will provide at least the same level of privacy protection as is required by the EU-US and Swiss-US Privacy Shield Principles, GDPR, FADP, or EU member state laws implementing the EU Data Privacy Directive.

Accordingly, SpectrumVoIP requires the following of its onward transfer agents:

  • data processing and further transfer are limited and to specified purposes;
  • provision of at least the same level of privacy protection as contemplated by the Privacy Shield Principles;
  • processing of the personal information transferred in a manner consistent with the organization’s obligations under the Privacy Shield Principles;
  • takes reasonable and appropriate steps to stop and remediate unauthorized processing; and
  • provision of notification if the agent decides that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles.

How We Use the Information We Collect

We use your information primarily and as necessary to provide you with the various SpectrumVoIP Products and Services, including but not limited to one or more of the following ways: to create your accounts and allow the use of our Products, to provide technical support, and respond to Client inquiries, to prevent fraud or potentially illegal activities, enforce our other agreements with you, to notify Clients of application updates, and to inform Clients about new products or promotional offers.

SENSITIVE INFORMATION

SpectrumVoIP recognizes that for some sensitive information, affirmative express consent from individuals is required and must be obtained if such information is to be (i) disclosed to a third party or (ii) processed for a purpose other than those for which it was originally collected or subsequently authorized by the individuals through the exercise of opt-in choice.  In addition, SpectrumVoIP shall treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.

SERVICE PORTALS

If you have created a user profile on any SpectrumVoIP service portal (e.g. Knowledge Base support.spectrumvoip.com), you may access and revise the personal information in your user profile when you log into your account. In general, these portals will only require minimal personal information that is necessary to provide and administer the service.

MARKETING MATERIALS

If you provide us with your email address or other business contact information to enable us to provide communications and information to you, we may use the information for providing such communications including the delivery of press releases and other SpectrumVoIP marketing materials. You may request to no longer receive SpectrumVoIP marketing communications by following the “unsubscribe” instructions in emails from SpectrumVoIP or by sending a request to the contact identified below.

In the rare and unlikely event that SpectrumVoIP wishes to use an individual’s personal information for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals, SpectrumVoIP will seek consent in advance as required by applicable law.

Sharing Your Information

We may disclose or report information that individually identifies Clients, Subscribers, or devices in certain circumstances, such as:

(i) if we have a good faith belief that we are required to disclose the information in response to a valid legal process (for example, a court order, search warrant or subpoena, or to defend or respond to legal actions, and as otherwise authorized by law, or in response to lawful requests by public authorities, including to meet national security or law enforcement requirements); (ii) to satisfy applicable laws, (iii) if we believe that the Products and Services are being used in an unauthorized, unlawful or abusive manner, such as to commit a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction, (iv) if we have a good faith belief that there is an emergency that poses a threat to the health or safety of a person or the general public, (v) in order to protect the rights or property of SpectrumVoIP, including enforcement of our Intellectual Property Rights and terms of the Agreement(s), and (vi) for all other purposes with your consent. We may also provide your information to third-party companies to perform services on our behalf, including but not limited to payment processing, data analysis, message delivery, hosting services, customer service, and marketing.

If SpectrumVoIP enters a merger, acquisition, or sale of all or a portion of its assets or business, Client, and Subscriber information, including personal information, will also be transferred as part of or in connection with the transaction as per applicable law.

INFORMATION DISCLOSURE

Internal Disclosure

In general, personal information may be shared within SpectrumVoIP, where legally permitted for reasonable and appropriate corporate purposes. However, even within SpectrumVoIP, we restrict access to personal information to those employees, agents, or contractors who need access to carry out their assigned functions.

External Disclosure

SpectrumVoIP uses vendors and partners for a variety of business purposes, such as to help us develop, deploy, and invoice for the various Products and Services we provide. We share information with those vendors and partners when it is necessary for them to perform work on our behalf. SpectrumVoIP requires that these vendors and partners protect the customer information we provide to them and limit their use of such information to their respective processing activity. SpectrumVoIP will only transfer or provide direct access to personal information covered by this policy to third parties that have made a commitment to respect the privacy rights of the data subject; limit processing of personal information to comply with data controller instructions; and provided SpectrumVoIP contractual assurances that they will provide at least the same level of privacy protection as is required by applicable privacy laws.

Security of Your Information

We implement security measures we believe are reasonable to protect your information. It is important that you protect and maintain the security of your account and you need to immediately notify us of any unauthorized use of your account. Remember, no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot and do not guarantee its absolute security.

Protecting Personal Information

To help protect the confidentiality of personal information, SpectrumVoIP employs security safeguards appropriate to the sensitivity of the information and in accordance with this Privacy Policy.  These safeguards include reasonable administrative, technical, and physical measures to safeguard the confidentiality and security of personal information against anticipated threats and unauthorized access to personal information. No transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. Additionally, we convey safeguard obligations to our agents who receive personal information from or on behalf of SpectrumVoIP during their relationship with our organization as described above in the section titled External Disclosure.

Transfer of Data

Your information, including personal information, may be transferred to and maintained on, computers, servers, or other data storage located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you reside outside the United States and choose to provide information to SpectrumVoIP, please note that we transfer the data, including personal information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Retention of Data

Personal information collected by SpectrumVoIP will be retained for as long as necessary and legally permitted for the purposes for which it was collected, to provide you with Products and Services, to enforce our legal agreements and policies, and to conduct our legitimate business interests or where otherwise required by law.

Data Integrity

SpectrumVoIP employs reasonable means to keep personal information accurate, complete, and current, as needed for the purposes for which it was collected.

How to Access and Update Your Information

We generally provide individuals with an opportunity to examine their own personal information, confirm the accuracy and completeness of their personal information, and have their personal information updated, if appropriate.

The ability of an individual to access his or her personal information is not unlimited, however.  An individual’s ability to access personal information may be limited, for example, where (i) the burden or expense of providing access would be unreasonable or disproportionate to the risks to the individual’s privacy, (ii) the information should not be disclosed due to legal or security reasons or to protect confidential commercial information; or (iii) providing access would compromise the privacy of another person.

If you have created a user profile on a portal, you may also access and revise the personal information in your user profile when you log into your account.

Individuals who wish to access or update their personal information not accessible via a portal should direct such communications to SpectrumVoIP Privacy department at:

privacy@spectrumvoip.com

Third-Party Websites, Plugins or Widgets

SpectrumVoIP websites, Products, and/or Services may include social networks or other third-party plugins and widgets not operated by us. Accessing these links to other sites is done at your own option and is not part of any of SpectrumVoIP’s offerings. SpectrumVoIP has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.  We strongly advise you to review each privacy policy provided at the respective site.

Health Insurance Portability and Accountability Act

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is United States legislation that provides data privacy and security provisions for safeguarding medical information. Client acknowledges and agrees that unless the SpectrumVoIP Products and Services description expressly states otherwise, the Products and Services do not comply with the requirements of the Health Insurance Portability and Accountability Act, as amended, and its implemented regulations. Unless the Products and Services description expressly states otherwise, Client agrees that it will not use the Products and Services to create, receive, transmit, maintain, store, use, disclose, or otherwise cause the Products and Services to handle Protected Health Information (“PHI”) as defined under HIPAA. Client retains complete and full responsibility to ensure that the Products and Services are only applied to use-case scenarios where the Products and Services do provide the necessary level of security and privacy protections. CLIENT’S AGREEMENT TO THIS PROVISION IS A MATERIAL CONDITION OF MAKING THE PRODUCTS AND SERVICES AVAILABLE TO CLIENT. In addition to any indemnity requirements in these Terms, Client shall indemnify, defend and hold harmless Company, Company Affiliates, and all of the directors, officers, managers, partners, employees, agents, representatives, heirs, successors, and assigns of Company and each of Company’s Affiliates against all actions, claims, losses, penalties, fines, assessments, administrative costs, credit protection costs, damages and expenses (including reasonable attorneys’ fees) arising out of Client’s violation of the provisions of this section, caused in whole or in part by any act or omission of Client, or of anyone employed by or acting as a subcontractor, representative or agent of Client.  Any limitation on liability set forth in the terms of the Master Services Agreement or any other agreement between Company or its Affiliates and Client shall not apply to Client’s liability under this provision.

California Privacy Rights

The California Data Protection Act (Cal. Civ. Code §§ 1798.83), also known as S.B. 27 “Shine the Light Law”, applies to a business that owns or retains California residents’ personal information and, requires such business to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third-parties’ direct marketing purposes.

A business subject to California Business and Professions Code Section 22581 and the Privacy Rights for California Minors in the Digital World Act (Cal. Bus. & Prof. Code §§ 22580-22582) must allow California residents under age 18 who are registered users of online sites, services, or applications to request and obtain removal or other forms of anonymization of content or information they have publicly posted. Your request should include a detailed description of the specific content or information to be so removed.

Our Products and Services do not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.

If you are a California resident and would like to make such a request, email or contact us at: privacy@spectrumvoip.com

Changes to Our Privacy Policy

SpectrumVoIP reserves the right to change this Privacy Policy at our discretion subject to business or legal requirements. You are advised to review and check this Privacy Policy from time to time and particularly before you provide personal information to SpectrumVoIP. Changes to this Privacy Policy are effective when they are posted on this page. By continuing to use our Products and/or Services you are agreeing to be bound by any changes or revisions made to this privacy policy.

Contacting Us

If you have any questions, comments, or concerns regarding our Privacy Policy or practices, please send an email to privacy@spectrumvoip.com or write to SpectrumVoIP at the following address:

SpectrumVoIP, Inc.
P.O. Box 250588
Plano, TX 75025

Click to view our Terms of Service.

 

SpectrumVoIP Terms of Service

This MASTER SERVICE AGREEMENT (“Agreement”), shall govern the provision of Voice over Internet Protocol telephone and hosted PBX services to customer by SpectrumVoIP, Inc. a corporation organized under the laws of the State of Texas and having offices located in Las Colinas, TX.

Cellular Failover Acknowledgement

SpectrumVoIP partners with AT&T Wireless and T-Mobile providing options for an LTE failover internet connection to customers. The cellular modem is included at no charge when a term contract is signed. The cellular modem is $199 when there is no contract term agreement being signed or if this is an addon to an existing account.
Notification:
  1. This is a failover circuit for VoIP traffic only which includes 2 Gigabyte (2GB) of data per month for $29/mo with T-Mobile. If AT&T is used the data plan is 1GB per month for the same $29.
  2. If more than the initial data plan is used within the calendar month, $15/mo per additional 1GB used will be billed by SpectrumVoIP.
  3. Estimated that 750 minutes of talk time uses approximately 1 GB, 1 phone per GB per month is estimated if it is full time.
  4. The Mikrotik router is required to achieve the automatic failover and the rules can be applied and managed by SpectrumVoIP. The router is included on term contracts but must be purchased if no term agreement.
  5. Full VoIP traffic is allowed through the circuit (assuming available bandwidth for the area). No data traffic is allowed on these plans.
  6. These devices can ONLY be used at the business location where the Mikrotik and VoIP phones are located.
  7. The SpectrumVoIP installer will test the failover at the time of installation.
  8. When failover occurs, active calls will be dropped. It will take 1-3 minutes for the phones to re-register to the failover LTE circuit.
  9. This service will be dependent on service coverage, cell phones are usually a good gauge of signal strength.
  10. Email notification can be set up to go to the customer and SpectrumVoIP support when in failover mode.
  11. Email notification can also be set up when primary is back online.
  12. Netgear modem is plugged into ETH10 on the Mikrotik RB2011 or ETH5 on the Mikrotik hAPac2
SCOPE OF SERVICES:

SpectrumVoIP’s VoIP Service is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol (‘IP’) and carried, in part, over high-speed Internet access, also known as broadband Internet service. This service may be generically referred to as ‘voice over IP’. It is separate and distinct from standard Local, Local Toll, and Long-Distance services. ‘Service’ or ‘Services’ includes direct-dialed Voice over IP calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which may be offered at additional costs, and which SpectrumVoIP, in its sole discretion, may add, modify, or delete from time to time.

SERVICE DISTINCTIONS:

The VoIP Service is provided on a best efforts basis, as things beyond SpectrumVoIP’s control may affect the Service, such as power outages, fluctuations in the Internet, and your underlying broadband service. Other things may affect Service, such as maintenance.  SpectrumVoIP will act in good faith to minimize disruptions to your use of and access to the VoIP Service. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to regulatory treatment different than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

SERVICE REQUIREMENTS:

SpectrumVoIP’s VoIP Service requires: (a) specialized customer premises equipment called a VoIP optimized router obtained through SpectrumVoIP to connect to your broadband connection and (b) a broadband connection via DSL, cable, fiber optic, cellular or other wireless broadband with capability of at least 90 Kbps upstream and downstream speed that you have a right to use at your own expense. Since voice over IP is dependent on the broadband connection, the availability of an adequate power supply and correct configuration, SpectrumVoIP does not guarantee that the Service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.

RECOMMENDED SERVICE PARAMETERS:

SpectrumVoIP’s VoIP Service will provide optimal (but not guaranteed) service quality to any number of simultaneous calls, provided each call has a minimum of 90Kbps of upstream and downstream Internet bandwidth available for the duration of each call.  SpectrumVoIP does not guarantee the performance, routing, or throughput, either expressly or implied, of any data circuit(s) connectivity with regards to the Public Internet and/or Internet backbone(s). While the voice technology we provide traditionally has functioned at acceptable quality levels when utilizing Public Internet data service, it is susceptible to occasional lapses in phone sound quality and/or other service-degrading issues that are beyond SpectrumVoIP’s control.

REGISTRATION OF PHYSICAL LOCATION REQUIRED:

For each telephone or softphone device that you use for the Service, you must register with SpectrumVoIP the physical location where you will be using the Service. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service. For purposes of the 911 Dialing feature, you may register only one location for use with the Service.

SERVICE OUTAGES DUE TO POWER FAILURE OR DISRUPTION:

911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.

SERVICE OUTAGE DUE TO TERMINATION OR SUSPENSION OF YOUR SPECTRUMVoIP ACCOUNT:

Service outages due to termination of your account will prevent all Service, including 911 Dialing, from functioning.

SERVICE OUTAGES DUE TO 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, including 911 Dialing, from functioning.

SERVICE OUTAGES DUE TO 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, including the 911 Dialing feature, may not function. You acknowledge that SpectrumVoIP 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, including 911 Dialing, which 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.

OTHER SERVICE OUTAGES:

If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION:

We do not have any control over weather or the manner in which calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center.  We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither SpectrumVoIP nor its officers or employees 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 our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless SpectrumVoIP, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you in connection with the VoIP Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure, or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to use 911 Dialing or access emergency service personnel.

NO TRADITIONAL 911 SERVICE:

IF SpectrumVoIP E911 SERVICE IS NOT AVAILABLE IN YOUR AREA OR ON YOUR PARTICULAR PHONE NUMBER, THEN THERE IS NO WAY FOR YOU TO REACH EMERGENCY SERVICE BY DIALING 911. You acknowledge and understand that that the Service does not include “911” emergency dialing which operates in the same manner as traditional telephone emergency dialing. In the event of an emergency, you will not be able to use the Equipment or the Service to summon assistance through the traditional 911 system. In case of emergency, you will have to use a different instrument that reaches the 911 emergency system in another way. You agree that you are responsible for informing any individual persons who may be present at the physical location where you utilize the Service, that no traditional 911 dialing is available from your SpectrumVoIP Hosted Service and the Equipment.

SPECIAL 911 CHARGES FOR TRANSFERRED CALLS:

SpectrumVoIP goes to great lengths to ensure that all customers have properly registered 911 addresses in order to ensure that operators can determine a caller’s location quickly and accurately, especially in scenarios where the caller is unable to speak or is unsure of their precise address location. To ensure compliance with this important public safety feature, the FCC permits 911 authorities to charge a substantial fee in order to make unregistered 911 calls punitive as a means to incentivize compliance with address registration requirements. When a caller is purposely transferred to 911 as opposed to calling it directly, the caller’s location information is lost. 911 operators consider this a violation of regulatory requirements and assess special charges for these calls. SpectrumVoIP must pass these charges through to customers at the rate of $150 per incident. To avoid this, we highly encourage our customers to instruct any callers with an emergency to hang up and dial 911 directly. This is the reason that most medical offices incorporate verbiage into their IVR menus advising callers, “if you have a medical emergency, hang up and dial 911.”

INCOMPATIBILITY WITH FAX, CREDIT CARD, AND SECURITY SYSTEMS:

The Service is not fully compatible with fax machines, credit card machines, and security systems.  You may be required to maintain a telephone connection in order to use any fax, credit card, or alarm monitoring functions for any security system installed in your business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.

CERTAIN BROADBAND AND CABLE MODEM SERVICES:

You acknowledge that there may be some broadband 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.

SERVICE TERM INFORMATION:

The initial term (“Initial Term”) of this Agreement shall be equal to the Equipment Rental or Lease Agreement term (typically 3, 4, or 5 Years) from the Service Commencement Date.  Unless written notice is given by either party no sooner than ninety (90) days and at least thirty (30) days prior to the expiration of the Initial Term, this Agreement shall automatically renew on a month-to-month basis (“Renewal Term”).  At any time during the Renewal Term, either party may terminate this Agreement by giving thirty (30) days written notice to the other party. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms.  Service terms are required to offset associated costs of service acquisition, and for SpectrumVoIP to maintain innovative broadband policies and service features for a sustained period. Your initial service term begins once our equipment has been installed, and becomes operational, referred to as your Installation or Activation Date. In cases where an Equipment Rental or Lease Agreement is integrated, the Service Term begins on the commencement date of the third-party Equipment Rental or Lease Agreement.  Upon completion of the third-party Equipment Rental or Lease Agreement, SpectrumVoIP will begin billing the “Full MRC” or full amount of the VoIP Package charge and the Hosted PBX Per Station Charge (rental or lease payment). The customer should work with SpectrumVoIP to either replace or purchase the equipment listed on the Equipment Rental or Lease Agreement for its then Fair Market Value. If the customer chooses to renew onto a new contract, no equipment purchase will be necessary and a new contract will replace the prior contract. SpectrumVoIP will deliver the new equipment and ensure that it is in proper working order prior to commencement of the new contract.

INSTALLATION PROCEDURE POLICY:

SpectrumVoIP is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches.

PORTING EXISTING NUMBER:

It is the customer’s responsibility to ensure that their old phone company relinquishes their old phone number in a timely manner.  Some outgoing phone companies will attempt to delay this process to discourage leaving them. SpectrumVoIP shall assist the customer during this transition but is not responsible for any of the prior carrier’s service charges should the outgoing phone company introduce a delay for any reason.

EQUIPMENT & WARRANTY DISCLAIMERS:

SpectrumVoIP Hosted PBX provides all the required equipment to facilitate your IP communication system as outlined in the service proposal and/or Equipment Rental or Lease Agreement. You agree to comply with all instructions and requirements regarding the use and/or care of our equipment, and to take reasonable measures to protect the equipment at all times. You will provide a secure, air-conditioned space to house the equipment and sufficient electricity (with certified earth ground) to operate the equipment. We will replace any of our equipment that does not perform as specified, at no charge to you, unless we determine, in our sole discretion, that you are directly or indirectly responsible for the SpectrumVoIP equipment failure.  Equipment that is rented or leased to you will be covered under the original equipment manufacturers’ limited warranty which is typically 1 year from the date of installation.

CUSTOMER RELOCATION:

In the case of a change in Customer’s primary physical location where the equipment (phones, router, data switch, battery backup) is located, SpectrumVoIP requires a 30 day notice to initiate a move of service to the new location.  You may elect to move the equipment yourself or use a third party to move the phones and equipment. If you hire SpectrumVoIP to move your equipment, normal hourly billing rates will apply.

LOCAL NUMBER PORTABILITY:

In the event you are not utilizing a new phone number for your SpectrumVoIP Services, but rather are transferring an existing phone number from another carrier to SpectrumVoIP, the following terms and conditions shall apply:

  1. You hereby authorize SpectrumVoIP to process your order for SpectrumVoIP Hosted Services and to notify your local telephone company of your decision to transfer your local, local toll, and long distance services to SpectrumVoIP Hosted Services, and represent that you are authorized to take this action; and
  2. You agree that, if you do not transfer all of your numbers to SpectrumVoIP, you are responsible to cancel all non-transferred numbers with your current carrier.
  3. You agree and acknowledge that if you set up your phone equipment prior to the date that the number transfer becomes effective (“Port Effective Date”), you may be able only to make outgoing. In this event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able to both make and receive calls using the SpectrumVoIP Hosted Services.
  4. You agree and acknowledge that if your phone equipment is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring may be interrupted and you may have no service for that telephone number. To avoid an interruption in your phone service, you must install the SpectrumVoIP phone equipment prior to the Port Effective Date.
NUMBER TRANSFER ON SERVICE TERMINATION:

SpectrumVoIP may receive requests from other telephony providers (Requesting Party) acting as agents on your behalf to port a telephone number currently assigned to you to a third-party provider (“Port-Out”). SpectrumVoIP will support all such requests and will cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and SpectrumVoIP’s or its vendors’ standard operating procedures. Note that you will be responsible for all monthly, usage, and disconnect fees associated with your Service until the Port-Out date of completion or the last date of your service period, whichever comes last.

POLICY CHANGE:

SpectrumVoIP reserves the right to change, amend, or revise this “AGREEMENT” at any time.  Changes or revisions to the “AGREEMENT” will be deemed effective upon posting the applicable revision on its website.

ACCOUNT BILLING & INVOICING & PERFORMANCE MILESTONES:

SpectrumVoIP reserves the right to perform a credit check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check.

Billing will commence on your Activation Date (i.e. the day your equipment is installed and inbound call transfers are completed.) You will be financially responsible for all service time thereafter unless SpectrumVoIP is notified within a timely manner of an outstanding issue which SpectrumVoIP deems to justify service credit.  All additions to your existing service package are recognized as non-refundable, regardless of usage. Service fees may include applicable state and federal taxes, and telecommunications taxes, surcharges, and fees in addition to the advertised rate.

Bill Accounts that utilize auto payment through a credit card will have all payments charged to the credit card for SpectrumVoIP Services.  Each month we will bill your card account for all charges arising during that billing cycle. Your initial use of the Service authorizes SpectrumVoIP to charge the credit card account that you provided to us when you subscribed for the Service. This will include any changed credit card account information given to us if the card expires or is replaced. This authorization will remain valid until 30 days after we receive your written notice terminating our authority to charge your credit card. We may terminate your Service at any time at our sole discretion if any charge to the credit card account that we have on file for you is declined or reversed, or in case of any other non-payment of account charges. In the event of any declined or reversed credit card payments, or in case of any other non-payment of account charges, you will remain fully liable to SpectrumVoIP for all charges accrued before termination and for all charges incurred by us owing to your non-payment. These include, but are not limited to; late fees equal to the lesser of 1.5% per month or the maximum allowed by law, collection costs, declined or reversed credit card expenses, and reasonable attorney’s fees and disbursements. This is in addition to any other remedies that may be available to us by law.

You are responsible for, and shall pay any applicable federal, state, 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 any Equipment. Such amounts are in addition to payment for the Service or Equipment and will be billed to your account. If you are exempt from payment of such taxes, you must provide us with an original government-issued certificate attesting to tax-exempt status.  In such a case, your tax exemption will apply only from and after the date we receive the qualifying tax exempt certificate. If we honor your tax exempt certificate, you agree to defend, indemnify, and hold us harmless from and against any claims or penalties imposed against us by any taxing authorities in connection with your subscription for the Service or your use thereof. SpectrumVoIP charges for its service continuously, regardless of whether or not you are using it, because we continue to maintain your connection, provisioning, and telephone interoperability, and keep voicemail and files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.

Should you opt to terminate your SpectrumVoIP service(s), you must contact us via telephone on the effective date. All disconnection requests will be processed on the date the request is received, providing SpectrumVoIP has received proper notification per the terms outlined in Termination – Cancellation Policy section. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.

ACCOUNTS RECEIVABLE:

Bill Accounts will be invoiced 10 days prior to the start of each regular monthly service period.  Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice’s Due Date.  All payments will be applied to the oldest unpaid invoice in relation to your account’s bill cycle. For example, if your Bill Account’s Invoice Date is the 1st of the month and payment remains past due until the 15th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 1st of the following month. You will need to make another payment before the 1st to keep your account from becoming past due again.  If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee.

Bill Accounts that use credit cards for payment are automatically set up for autorenewal by default, using the credit card information provided during the order process. To update your credit card information, you will need to contact SpectrumVoIP Customer Care. SpectrumVoIP will make every effort to process auto renew payments from your credit card or checking account 7 days prior to each invoice’s due date.  SpectrumVoIP reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of the auto renew status, remains past due.

SpectrumVoIP reserves the right to terminate Bill Accounts that remain past due at its final discretion.  Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Termination or Cancellation Fees will be applied and due at that time.

If you wish to reinstate service with SpectrumVoIP, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance, in addition to possible reactivation fees.  If your account is permanently deleted, your username and telephone extension number(s) may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.

LIABILITY & LIMITATIONS:

SpectrumVoIP is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other SpectrumVoIP customer, whether legal or illegal; or any other goods or services provided by SpectrumVoIP or any of its vendors. In no event shall SpectrumVoIP be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.

The technical support that SpectrumVoIP provides is limited to the connectivity itself and assistance with configuring your phones to work with our services.  Support for other applications and uses is not provided or implied.

CALL RECORDING:

Call recording presents special technical challenges.  Therefore, most hosted PBX providers do not offer call recording services.  Call recordings may be intentionally or unintentionally deleted or permanently lost due to the failure of data storage systems or other equipment. SpectrumVoIP provides call recording capabilities on a best effort basis only, and does not make any warranty concerning the reliability, availability, or audibility of any call recording made on the SpectrumVoIP hosted PBX system.  Call recording may present special legal requirements, and you acknowledge that it is your responsibility to research and comply with any Federal, State, or local laws governing the creation or usage of call recordings, call monitoring, or any other feature that may require legal or regulatory compliance. Some states require that all parties in a recorded telephone conversation are notified of the recording, and it is your responsibility to ensure that appropriate audio announcements are used whenever required to ensure legal compliance.

MUTUAL HOLD HARMLESS & INDEMNIFICATION:

Customer agrees to indemnify and mutually hold harmless and defend SpectrumVoIP and its directors, officers, employees, and agents from and against any action, claim, demand, or liability, including reasonable attorneys’ fees and costs, arising from or relating to the telephone system, email, network, servers, PC’s, or any acts or omissions of Customer.

FORCE MAJEURE:

We will not be in violation of this Agreement or otherwise liable for any delay, failure to perform or equipment or property damage, loss, destruction or malfunction, or any consequence thereof, caused by anything beyond our reasonable control, including, without limitation, fire; earthquake; flood; weather; acts of God; labor disputes; epidemics; pandemics; utility curtailments; power failures; cable cuts; failure caused by telecommunications or other Internet provider(s); Handsets or other Services Related Products (including Mobile Related Products); worms, Trojan horses, viruses, or other destructive code or software; explosions; civil disturbances; terrorism; vandalism; governmental actions; or shortages of equipment or supplies (collectively, “Events of Force Majeure”).

ARBITRATION & CHOICE OF LAW OR JURISDICTION:

We reserve the right, but not the obligation, to require any disputes greater than $7,500 that arise between Client and Company with respect to the performance of this contract shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said association under its rules and procedures in effect at the time of submission, and the parties hereby agree to share equally in the costs of said arbitration.  The final arbitration decision shall be enforceable through the courts of the State of Texas or in the State of our Assignee, if applicable. In the event that any court of competent jurisdiction holds this arbitration provision unenforceable, then this contract shall be as binding and enforceable as if this paragraph were not a part thereof. The party losing the arbitration shall reimburse the party who prevailed for all reasonable attorneys’ fees and all reasonable expenses (as determined by the arbitrator) incurred by the prevailing party in connection with the arbitration proceedings.

NON-DISCLOSURE:

Company and Client both agree that they shall not, without prior written consent of the other party, willfully disclose to any third party any information that is disclosed by Client to Company, or by Company to Client, that is labeled or clearly designated by Client or

Company as confidential or proprietary information.  These restrictions, however, will not apply to information that has become known to the public generally through no fault or breach of Company or Client, or that Company or Client regularly gives to third parties without restriction on use or disclosure.

ASSIGNMENT:

This Agreement may not be assigned by you without the prior written consent of us. We may assign this Agreement in our sole discretion. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding and inure to the benefit of the heirs, successors, and assigns of the parties hereto.

TERMINATION–CANCELLATION POLICY:

Termination policy is effective only if the customer chooses to purchase the equipment.  It is the responsibility of the account holder to notify SpectrumVoIP of cancellation via certified mail. SpectrumVoIP reserves the right to accept request for termination via email or phone call but this type of request will not be deemed official until SpectrumVoIP acknowledges the termination request via a confirmation letter or email to be sent to the customer. Returning hardware, completion of service term, transferring numbers, or cessation of payment does not constitute notification of cancellation.  For Customers who cancel service within an active service term, the following charges will apply:

  1. Cancellations within 72 hours of order placement will not be subject to penalty. Cancellations Requested before the installation or activation date and after 72 hours from the initial order placement will be subject to a Processing Fee.  If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by SpectrumVoIP or its vendors due to technical limitations. If, after both parties have signed the Agreement, termination occurs after 72 hours but before we begin installation of equipment or activation of Services, you shall be liable for $1,000.
  2. If termination occurs during the Initial Term of this Agreement, you shall be liable for: (a) all outstanding nonrecurring fees plus (b) 100% of the Monthly Fees for each month, if any, remaining in the Initial Term,
  3. If termination occurs after the Initial Term of this Agreement, you shall be liable for (a) all outstanding nonrecurring fees, plus (b) 100% of the Monthly Fees for each month remaining in the applicable term.
  4. All equipment provided as part of SpectrumVoIP Hosted PBX Services must be returned within thirty (30) days of termination and in good working order. Customer shall be liable for all missing or damaged equipment.

All customers terminated for any reason are liable for any and all outstanding funds due to SpectrumVoIP at the time of service termination, including but not limited to rendered service, hardware, and installation fees.

ACCEPTABLE USE POLICY:

Fair and Reasonable Use

SpectrumVoIP desires that Users understand the intended and permissible uses of SpectrumVoIP Products and Services, and further desires to prevent fraud, exploitation and abuse of certain SpectrumVoIP calling plans and features. SpectrumVoIP’s business service plans and features are for normal, reasonable business use and consistent with the types and levels of usage by typical customers on the same business calling plan. “Typical” refers to the calling patterns of at least 95% of SpectrumVoIP’s business customers on the same business calling plan. Certain calling and messaging plans, including unlimited calling and messaging plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers, resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by other SpectrumVoIP business customers may cause extreme network capacity and congestion issues and interfere with SpectrumVoIP’s network and the third party networks with which SpectrumVoIP connects for call initiation and completion services. Any use of the SpectrumVoIP Products and Services or any other action that causes a disruption in the network integrity of SpectrumVoIP Products and Services or its vendors, whether directly or indirectly, is strictly prohibited and may result in suspension or termination of the Services.

i. Evaluation of Usage.
SpectrumVoIP evaluates Customer usage in comparison to typical levels of permissible usage engaged in by SpectrumVoIP ‘s customers. The following is a non-exhaustive list of impermissible uses under SpectrumVoIP’s calling plans and is considered outside of normal use, whether obtained directly from SpectrumVoIP, an authorized reseller, or from a co-branded SpectrumVoIP partner:

  • aggregate inbound or outbound domestic and long distance calling exceed 3,000 minutes per subscriber line (i.e., hosted seat) per month pooled across all customer subscriber lines;
  • aggregate inbound domestic toll free calling exceeds 500 minutes per subscriber line per month per month pooled across all customer subscriber lines; or
  • facsimile pages exceed 500 pages per individual subscriber line per month.

ii. Review of Usage.
SpectrumVoIP reserves the right to review usage of the Service(s) to ensure that customers are not abusing or excessively using SpectrumVoIP Products and Services, and SpectrumVoIP may suspend or terminate service pursuant to this AUP and the Service Terms if it determines, in its sole discretion, Customer is abusing the SpectrumVoIP Products and Services. Prior to taking such action, SpectrumVoIP will attempt to contact the Customer to discuss the cause for the excessive or abusive use.
As a guide, in combination with other factors as described herein, Customer may be considered to be in violation of this AUP when any of the following occur:

  • aggregate outbound domestic long distance calling exceeding 3,000 minutes per Unlimited Extension or Premier seat per month pooled across all customer Unlimited Extension or Premier seat lines;
  • aggregate inbound domestic toll free calling exceeding 500 minutes per Unlimited Extension toll free number or Premier seat toll free number per month pooled across all customer toll free number lines;
  • facsimile pages exceeding 500 pages pooled across all customer facsimile lines per month (excluding Personal Fax); or
  • personal facsimile pages exceeding 500 pages per personal fax line per month (assigned to a single extension)

In addition, SpectrumVoIP Products and Services may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses under this AUP or otherwise applicable to the SpectrumVoIP™ Products and Services):

  • Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously);
  • Bulk call-in lines (e.g., customer support or sales call centers unless Customer has purchased the SpectrumVoIP call center service, “hotlines,” 900 numbers, sports-line numbers, etc.);
  • Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls); or
  • use an email box exclusively as storage space for data.

SpectrumVoIP reserves the right to review Users’ accounts at any time for potential abuses of this AUP. SpectrumVoIP may determine abnormal or abusive usage as stated herein. If SpectrumVoIP identifies excessive or abusive traffic patterns, SpectrumVoIP reserves the right to change Users’ applicable calling and/or rate plan or suspend or terminate the relevant SpectrumVoIP Products and Service(s) with advanced notice provided Customer responds to such notice. In the event SpectrumVoIP provides notice and Customer fails to respond within the timeframe indicated in the notice, SpectrumVoIP reserves the right to suspend the excessive or abusive activity, and change the applicable calling and/or rate plan in its sole discretion thereafter.

iii. Excessive Usage.
If it is determined that Customer’s usage is excessive or abusive, Customer agrees to pay a per minute, per page fee for use in excess of typical levels at the then current rate established by SpectrumVoIP, of up to $.06 per minute for voice calls and/or up to $.06 per facsimile page. THIS OVERAGE FEE APPLIES TO ALL PLANS INCLUDING THE UNLIMITED PLANS, IF USE EVIDENCES PATTERNS OF ABUSIVE OR PROHIBITED USE RELATIVE TO NORMAL USE GUIDELINES. A Customer’s aggregate usage may be considered outside of normal use if it is excessive or abusive as described above. If SpectrumVoIP affords Customer the opportunity to correct abnormal usage patterns and Customer fails to immediately conform to normal use, SpectrumVoIP may exercise its right to transfer Customer’s service to a more appropriate calling plan, charge applicable rates for that plan, implement other limitations, or suspend or terminate the relevant SpectrumVoIP’s Products and Service(s) pursuant to the Service Terms.

iv. Backup Wireless Service.
Any Backup Wireless Service offered by SpectrumVoIP is not intended to be used as Customer’s primary internet access source. It is to be used only as a backup/failover service in the event Customer’s primary internet connectivity is materially degraded or unavailable. In the event SpectrumVoIP determines that Customer is utilizing the Backup Wireless Service as primary access and not as a backup service (whether or not such plan contemplates overage charges), SpectrumVoIP reserves the right to suspend or terminate such Service with prior written notice to Customer, and Customer shall be liable for all costs and charges associated with any such use, including any overage and other charges and costs incurred by SpectrumVoIP. SpectrumVoIP also reserves the right to throttle or reduce Service as needed due to Customer’s recurring overages or prohibited use or in order to protect its network, its obligations to its wireless carriers and mitigate its costs, which may adversely impact Customer’s other SpectrumVoIP Products and Services, in which case SpectrumVoIP shall not be liable to Customer for such impacts or be subject to service credits or Customer’s termination rights on account of such actions. SpectrumVoIP shall not be responsible for any Service issues arising from such improper use including but not limited to Service Level Credits, outages and degradation of call quality.

FINAL QUALIFICATION:

SpectrumVoIP is committed to providing quality Hosted PBX Services.  However, SpectrumVoIP is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply.  We are committed to solving your problems, but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.

FAXING:

SpectrumVoIP’s eFax is an available service.  Because of inherent compatibility issues with faxing through VoIP networks, this service is unsupported.  If you send a significant amount of faxes or if you need the convenience and reliability of a standard fax machine, we recommend upgrading to our sFax service which provides a specialized fax adapter for use with your fax machine.

TOLL FREE:

SpectrumVoIP charges 2.9 cents per minute for Toll Free inbound calls. The monthly invoice will be sent by SpectrumVoIP and will have a minimum charge of 100 minutes ($2.90) for EACH Toll Free phone number. There is no separate charge for the number. If there are 100 or less minutes for each number then the charge will be $2.90. If there is more than 100 minute of inbound Toll Free calls to a number, the additional charges of 2.9 cents per minute will be included on the invoice. If the customer doesn’t have a Toll Free phone number then these charges do not apply.

INTERNATIONAL CALLING:

SpectrumVoIP disables international calling from the service/phones by default when a new account is installed. This function can be enabled on a per-extension basis OR for an entire account upon request. International rates are determined by the location the call is being placed to and by the type of phone number being called (land line vs cellular numbers). The spreadsheet with this rates can be supplied upon request containing over 105,000 different rate centers. Calls made to numbers within the Domestic US, Canada, and Mexico are included with all customer accounts.

VOICEMAIL TO EMAIL TRANSCRIPTION:

Voicemail to Email provides a user with a wav file attached to the email once a voicemail has been left for the user. This feature is included at no charge for all extensions. We recommend utilizing the option to have the voicemail automatically deleted from the extension once the email is sent so users don’t have to check voicemails in two different locations. Voicemail to Email Transcription provides a text transcription of the voicemail inside the body of the email along with the attachment of the wav file. SpectrumVoIP outsources the transcription service to a third party company. There is a cost for this feature that is passed on to our customers to cover this outsourced addon feature of $2.95 per extension per month.

SpectrumVoIP Seat License / Service-Only Terms of Service

These Terms of Service are incorporated in their entirety to the terms of the COMMERCIAL SERVICE AGREEMENT  as if fully stated therein and shall govern the provision of Voice over Internet Protocol telephone and hosted PBX services (collectively, the “Service”) to Customer by Spectrum VoIP, Inc. (hereinafter, the “Provider”). Provider and Customer agree and acknowledge that the terms and conditions recited herein form a valuable part of the consideration for both to enter the terms of the Commercial Service Agreement as supplemented hereby. Any and all terms, words or phrases which are defined within the Master Service Agreement shall have the same definition when used herein.

 

CELLULAR FAILOVER ACKNOWLEDGEMENT

PROVIDER PARTNERS WITH AT&T WIRELESS AND T-MOBILE PROVIDING OPTIONS FOR AN LTE FAILOVER INTERNET CONNECTION TO CUSTOMERS. THE CELLULAR MODEM IS INCLUDED AT NO CHARGE WHEN A TERM CONTRACT IS SIGNED. THE CELLULAR MODEM IS $130 WHEN THERE IS NO CONTRACT TERM AGREEMENT BEING SIGNED OR IF THIS IS AN ADD-ON TO AN EXISTING ACCOUNT.

Notification:
  1. This is a failover circuit for VoIP traffic only which includes 2 Gigabyte (2GB) of data per month for $25/mo with T-Mobile. If AT&T is used the data plan is 1GB per month for the same $25.
  2. If more than the initial data plan is used within the calendar month, $15/mo per additional 1GB used will be billed by Provider.
  3. Estimated that 750 minutes of talk time uses approximately 1 GB, 1 phone per GB per month is estimated if it is full time.
  4. The Mikrotik router is required to achieve the automatic failover and the rules can be applied and managed by Provider. The router is included on term contracts but must be purchased if no term agreement.
  5. Full VoIP traffic is allowed through the circuit (assuming available bandwidth for the area). No data traffic is allowed on these plans.
  6. These devices can ONLY be used at the business location where the Mikrotik and VoIP phones are located.
  7. The SpectrumVoIP installer will test the failover at the time of installation.
  8. When failover occurs, active calls will be dropped. It will take 1-3 minutes for the phones to re-register to the failover LTE circuit.
  9. This service will be dependent on service coverage, cell phones are usually a good gauge of signal strength.
  10. Email notification can be set up to go to the Customer and Provider support when in failover mode.
  11. Email notification can also be set up when primary is back online.
  12. Netgear modem is plugged into ETH10 on the Mikrotik RB2011 or ETH5 on the Mikrotik hAPac2.

SCOPE OF SERVICES:

Provider’s Service is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol (“IP”) and carried, in part, over high-speed Internet access, also known as broadband Internet service. This service may be generically referred to as ‘voice over IP’. It is separate and distinct from standard local, local toll, and long-distance telephone services. As used herein, “Service” or “Services” includes direct-dialed voice over internet protocol calling and certain calling and call management features or advanced features associated with the service, including additional features or advanced features which may be offered at additional costs, and which Provider, in its sole discretion, may add, modify, or delete from time to time.

SERVICE DISTINCTIONS:

The Service is provided on a best efforts basis, as things beyond Provider’s control may affect the Service, such as power outages, fluctuations in the internet, and your underlying broadband service. Other things may affect Service, such as maintenance.  Provider will act in good faith to minimize disruptions to your use of and access to the Service. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to regulatory treatment different than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

SERVICE REQUIREMENTS:

Provider’s VoIP Service requires: (a) specialized customer premises equipment called a VoIP optimized router obtained through Provider to connect to your broadband connection and (b) a broadband connection via DSL, cable, fiber optic, cellular or other wireless broadband with capability of at least 90 Kbps upstream and downstream speed that you have a right to use at your own expense. Since voice over IP is dependent on the broadband connection, the availability of an adequate power supply and correct configuration, Provider does not guarantee that the Service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.

RECOMMENDED SERVICE PARAMETERS:

Provider’s VoIP Service will provide optimal (but not guaranteed) service quality to any number of simultaneous calls, provided each call has a minimum of 90Kbps of upstream and downstream Internet bandwidth available for the duration of each call.  Provider does not guarantee the performance, routing, or throughput, either expressly or implied, of any data circuit(s) connectivity with regards to the public internet and/or internet backbone(s). While the voice technology we provide traditionally has functioned at acceptable quality levels when utilizing public internet data service, it is susceptible to occasional lapses in phone sound quality and/or other service-degrading issues that are beyond Provider’s control.

REGISTRATION OF PHYSICAL LOCATION REQUIRED:

For each telephone or softphone device that you use for the Service, you must register the physical location where you will be using the Service with Provider. Ifyou move the device to another location, you must register your new location with Provider. If you move the device but do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your prior location. You will register your initial location when you subscribe to the Service. For purposes of the 911 Dialing feature, you may register only one location for use with the Service.

SERVICE OUTAGES DUE TO POWER FAILURE OR DISRUPTION:

911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the device prior to utilizing the Service, including 911 Dialing.

SERVICE OUTAGE DUE TO TERMINATION OR SUSPENSION OF YOUR ACCOUNT:

Outages due to termination and/or suspension of your account will prevent all Service, including 911 Dialing, from functioning.

SERVICE OUTAGES DUE TO INTERNET OUTAGE OR SUSPENSION OR TERMINATION OF BROADBAND SERVICE OR ISP SERVICE:

Outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.

SERVICE OUTAGES DUE TO 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 such an 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, including the 911 Dialing feature, may not function. You acknowledge that Provider 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, including 911 Dialing, which may result as a result of such actions. 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 Contract.

OTHER SERVICE OUTAGES:

If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Contract.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION:

We do not have any control over weather or the manner in which calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center.  We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Provider nor its officers or employees 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 our 911 Dialing service unless such claims or causes of action arise from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Provider, 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, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure, or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to use 911 Dialing or access emergency service personnel.

NO TRADITIONAL 911 SERVICE:

IF Provider’s E911 SERVICE IS NOT AVAILABLE IN YOUR AREA OR ON YOUR PARTICULAR PHONE NUMBER, THEN THERE IS NO WAY FOR YOU TO REACH EMERGENCY SERVICE BY DIALING 911. You acknowledge and understand that that the Service does not include “911” emergency dialing which operates in the same manner as traditional telephone emergency dialing. In the event of an emergency, you will not be able to use the Service to summon assistance through the traditional 911 system. In case of emergency, you will have to use a different telecommunication device that reaches the 911 emergency system in another way. You agree that you are responsible for informing any individual persons who may be present at the physical location where you utilize the Service, that no traditional 911 dialing is available from your SpectrumVoIP Hosted Service and equipment.

SPECIAL 911 CHARGES FOR TRANSFERRED CALLS:

SpectrumVoIP goes to great lengths to ensure that all customers have properly registered 911 addresses in order to ensure that operators can determine a caller’s location quickly and accurately, especially in scenarios where the caller is unable to speak or is unsure of their precise address location. To ensure compliance with this important public safety feature, the FCC permits 911 authorities to charge a substantial fee in order to make unregistered 911 calls punitive as a means to incentivize compliance with address registration requirements. When a caller is purposely transferred to 911 as opposed to calling it directly, the caller’s location information is lost. 911 operators consider this a violation of regulatory requirements and assess special charges for these calls. SpectrumVoIP must pass these charges through to customers at the rate of $150 per incident. To avoid this, we highly encourage our customers to instruct any callers with an emergency to hang up and dial 911 directly. This is the reason that most medical offices incorporate verbiage into their IVR menus advising callers, “if you have a medical emergency, hang up and dial 911.”

INCOMPATIBILITY WITH FAX, CREDIT CARD, AND SECURITY SYSTEMS:

The Service is not fully compatible with fax machines, credit card machines, and security systems.  You may be required to maintain a telephone connection in order to use any fax, credit card, or alarm monitoring functions for any security system installed in your business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.

CERTAIN BROADBAND AND CABLE MODEM SERVICES:

You acknowledge that there may be some broadband 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 Service 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.

INSTALLATION PROCEDURE POLICY:

Provider is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC (Competitive Local Exchange Carrier) or ILEC (Incumbent Local exchange Carrier) appointments, and/or Trouble Ticket dispatches.

PORTING EXISTING NUMBER:

It is Customer’s responsibility to ensure that your old phone company relinquishes your old phone number in a timely manner.  Some outgoing phone companies will attempt to delay this process to discourage Customer from leaving them. Provider shall assist Customer during this transition but is not responsible for any of the prior carrier’s service charges should the outgoing phone company introduce a delay for any reason.

CUSTOMER RELOCATION:

In the event of a change in Customer’s primary physical location where the equipment (phones, router, data switch, battery backup) is located, Provider requires a thirty (30) day notice to initiate a move of your Service to the new location.  You may elect to move the equipment yourself or use a third party to move the phones and equipment. If you hire Provider to move your equipment normal hourly billing rates will apply.

LOCAL NUMBER PORTABILITY:

In the event you are not utilizing a new phone number for your Service, but rather are transferring an existing phone number from another carrier to Provider, the following terms and conditions shall apply:

  1. You hereby authorize Provider to process your order for Service and to notify your local telephone company of your decision to transfer your local, local toll and long distance services to Provider, and represent that you are authorized to take this action.
  2. You agree that, if you do not transfer all of your numbers to Provider you are responsible to cancel all non-transferred numbers with your current carrier.
  3. You agree and acknowledge that if you set up your phone equipment prior to the date that the number transfer becomes effective (“Port Effective Date”) you may only be able to make outgoing calls. In this event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able to both make and receive calls using the Service.
  4. You agree and acknowledge that if your phone equipment is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring may be interrupted and you may have no service for that telephone number. To avoid an interruption in your phone service, you must install Provider’s phone equipment prior to the Port Effective Date.
NUMBER TRANSFER ON SERVICE TERMINATION:

Provider may receive requests from other telephony providers (“Requesting Party”) acting as agents on your behalf to port a telephone number currently assigned to you to a third-party provider (“Port-Out”). Provider will support all such requests and will cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and Provider’s and/or its vendors’ standard operating procedures. In any such event you will be responsible for all monthly, usage, and disconnect fees associated with your Service until the Port-Out date of completion or the last date of your service period, whichever occurs latest.

POLICY CHANGE:

Provider reserves the right to change, amend, or revise this Contract at any time.  Changes or revisions to the Contract will be deemed effective upon posting the applicable revision on its website: http://www.spectrumvoip.com/privacy-terms/#terms/.

ACCOUNT BILLING & INVOICING & PERFORMANCE MILESTONES:

Provider reserves the right to perform a credit check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this credit check.

Billing for the Service will commence on your Activation Date (i.e. the day your equipment, if any, is installed and inbound call transfers are completed).  You will be financially responsible for all service time thereafter unless Provider is notified within a timely manner of an outstanding issue which Provider deems sufficient to justify service credit.  All additions to your existing service package are recognized as non-refundable, regardless of usage. Service fees may include applicable state and federal taxes, and telecommunications taxes, surcharges, and fees in addition to the advertised rate.

Bill Accounts that utilize auto payment through a credit card will have all payments charged to the credit card provided to Provider for payment of your Services. You hereby consent to Provider initiating a debit against the credit card, bank account or other method pf payment which you have designated as a payment source for the Service in accordance with the billing guidelines recited herein. Each month we will bill your card account for all charges arising during that billing cycle. Your initial use of the Service authorizes Provider to charge the credit card account that you provided to us when you subscribed for the Service. This will include any changed credit card account information given to us if the card expires or is replaced. This authorization will remain valid until 30 days after we receive any written notice terminating our authority to charge sums due for the Service to your credit card. We may terminate your Service at any time, in our sole discretion, if any charge to the credit card account that we have on file for you is declined or reversed, or in case of any other non-payment of account charges. In the event of any declined or reversed credit card payments, or in case of any other non-payment of account charges, you will remain fully liable to Provider for all charges accrued as a result of our provision of the Service as well as for all charges incurred by us owing to your non-payment. These charges include, but are not limited to, late fees equal to the lesser of 1.5% per month or the maximum allowed by law on any outstanding balance then due to Provider, collection costs, declined or reversed credit card expenses, and reasonable attorney’s fees and costs incurred in enforcing the terms of this Contract. This is in addition to any other remedies that may be available to us by law.

You are responsible for, and shall pay any applicable federal, state, 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 any equipment. Such amounts are in addition to payment for the Service or equipment and will be billed to your account. If you are exempt from payment of such taxes, you must provide us with an original government-issued certificate attesting to tax-exempt status.  In such a case, your tax exemption will apply only from and after the date we receive the qualifying tax exempt certificate. If we honor your tax exempt certificate, you agree to defend, indemnify, and hold us harmless from and against any claims or penalties imposed against us by any taxing authorities in connection with your subscription for the Service or your use thereof. Provider charges for its service continuously, regardless of whether or not you are using it, because we continue to maintain your connection, provisioning, and telephone interoperability, and keep voicemail and files you have saved in your account on our servers. This is also true of accounts that are suspended (denied access) due to non-payment.

Should you opt to terminate your Service, you must contact us via telephone on the effective date. All disconnection requests will be processed on the date the request is received, providing Provider has received proper notification per the terms outlined in the Termination – Cancellation Policy section of this Contract. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.

ACCOUNTS RECEIVABLE/ EVENTS OF DEFAULT:

Bill Accounts will be invoiced 10 days prior to the start of each regular monthly service period.  Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice’s Due Date.  All payments will be applied to the oldest unpaid invoice in relation to your account’s bill cycle. For example, if your Bill Account’s Invoice Date is the 1st of the month and payment remains past due until the 15th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 1st of the following month. You will need to make another payment before the 1st to keep your account from becoming past due again. Payment for any invoice which is not received by the due date stated therein is considered in default. If a payment, in any form, is recovered or otherwise not honored or paid by your financial institution, there will be a Returned Payment Fee of Fifty Dollars and Zero Cents ($50.00) for each payment returned.

Bill Accounts that use credit cards for payment are automatically set up for autorenewal by default, using the credit card information provided during the order process. To update your credit card information, you will need to contact Provider’s Customer Care. Provider will make every effort to process auto renew payments from your credit card or checking account 7 days prior to each invoice’s due date.   Provider reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of the auto renew status, remains past due.

Provider reserves the right to terminate Bill Accounts that remain past due at its sole discretion.  Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Termination or Cancellation Fees will be applied and due at that time.

In addition to the above, if Customer’s account becomes thirty (30) days (or more) past due at any time, we reserve the right to disconnect service, in our sole and absolute discretion. In the event service is disconnected as a result of non-payment, you will be required to pay Fifty Dollars and Zero Cents ($50.00) for reconnection of service which fee is automatically applied to Customer’s account.

If you wish to reinstate service with Provider, you will also be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance, in addition to possible reactivation fees.  If your account is permanently deleted, your username and telephone extension number(s) may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.

NOTICES:

Any notice from you to us must be in writing and must be delivered by U.S. Mail addressed to: SpectrumVoIP, Inc., P.O. Box 250588, Plano, TX 75025. You hereby authorize us to communicate with you through electronic means, including emails and/or text messages to your cellular telephone number or other wireless device, which you recognize may result in your incurring access or other fees. We are not obligated to communicate with you in this manner and you may not give any notice required by this Contract to us electronically.

LIABILITY & LIMITATIONS:

Provider is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other customer of Provider, whether legal or illegal; or any other goods or services provided by Provider or any of its vendors. In no event shall Provider be liable to you under this Contract or in relation to any matters in any way connected with this Contract in an amount that exceeds the service fees you have paid in the preceding year.

The technical support provided by Provider is limited to the connectivity itself and assistance with configuring your phones to work with our services.  Support for other applications and uses is not provided or implied.

CALL RECORDING:

Call recording presents special technical challenges.  Therefore, most hosted PBX providers do not offer call recording services.  Call recordings may be intentionally or unintentionally deleted or permanently lost due to the failure of data storage systems or other equipment. Provider provides call recording capabilities on a best effort basis only, and does not make any warranty concerning the reliability, availability, or audibility of any call recording made on the Provider hosted PBX system.  Call recording may present special legal requirements, and you acknowledge that it is your responsibility to research and comply with any and all applicable Federal, State and/or local laws (including any regulations inherent thereto) governing the creation or usage of call recordings, call monitoring, or any other feature that may require legal or regulatory compliance. Some states require that all parties in a recorded telephone conversation are notified of the recording, and it is your responsibility to ensure that appropriate audio announcements are used whenever required to ensure legal compliance.

HOLD HARMLESS & INDEMNIFICATION:

Customer agrees to indemnify and mutually hold harmless and defend Provider and its directors, officers, employees, and agents from and against any action, claim, demand, or liability, including reasonable attorneys’ fees and costs, arising from or relating to the telephone system, email, network, servers, PC’s, or any acts or omissions of Customer.

FORCE MAJEURE:

We will not be in violation of this Contract or otherwise liable for any delay, failure to perform or equipment or property damage, loss, destruction or malfunction, or any consequence thereof, caused by anything beyond our reasonable control, including, without limitation, fire; earthquake; flood; weather; acts of God; labor disputes; epidemics; pandemics; utility curtailments; power failures; cable cuts; failure caused by telecommunications or other Internet provider(s); Handsets or other Services Related Products (including Mobile Related Products); worms, Trojan horses, viruses, or other destructive code or software; explosions; civil disturbances; terrorism; vandalism; governmental actions; or shortages of equipment or supplies (collectively, “Events of Force Majeure”).

ARBITRATION CLAUSE:

We reserve the right, but not the obligation, to require any disputes or claims for an amount greater than $7,500 that arise between Customer and Provider with respect to the terms or performance of this Contract to be submitted to binding arbitration. Said arbitration will be provided by the American Arbitration Association in accordance with its rules and procedures in effect at the time of submission.  Customer and Provider further agree that, if arbitration is sought, the parties hereby agree to share equally in the costs of said arbitration.  The final arbitration decision shall be enforceable through a court of competent jurisdiction located in Collin County, Texas or, if all or part of this Contract has been previously assigned to a third party, in a court of competent jurisdiction located within the county of the principal place of business of any such assignee. . In the event that any court of competent jurisdiction holds this arbitration provision unenforceable, then this contract shall be as binding and enforceable as if this paragraph were not a part thereof. The prevailing party shall be entitled to recovery of its reasonable legal fees and costs resulting from the arbitration proceedings.

NON-DISCLOSURE:

Provider and Customer both agree that they shall not, without prior written consent of the other party, willfully disclose to any third party any information that is disclosed by Customer to Provider, or by Provider to Customer, that is labeled or clearly designated by Customer or Provider as confidential or proprietary information.  These restrictions, however, will not apply to information that has become known to the public generally through no fault or breach of Provider or Customer, or that Provider or Customer regularly gives to third parties without restriction on use or disclosure.

ASSIGNMENT:

This Contract may not be assigned by you to any third party without the prior written consent of us. We may assign all or any portion of the benefits we are entitled to receive under the terms of this Contract to a third party at any point in time in our sole and absolute discretion. If we assign all or part of our interest in the terms of this Contract, you agree and acknowledge that such assignment transfers only the benefits derived from your obligations hereunder and any assignee of all or part of our interest in the terms of this Contract does not become liable to you or any third party for any claim which may then, or at any point in the future, exist under or related to this Contract. Except for the prohibition on assignment contained in the preceding sentence, this Contract shall be binding and inure to the benefit of the heirs, successors, and assigns of the parties hereto.

TERMINATION–CANCELLATION POLICY:

Termination policy is effective only if the Customer chooses to purchase the equipment.  It is the responsibility of the account holder to notify Provider of cancellation via certified mail. Provider reserves the right to accept a request for termination via email or phone call but any such request will not be deemed official until Provider acknowledges the termination request via a confirmation letter or email sent to the Customer. Returning hardware, completion of service term, transferring numbers, or cessation of payment does not constitute notification of cancellation and/or termination of this Contract.  For Customers who cancel service within an active service term, the following charges will apply:

  1. Cancellations within 72 hours of order placement will not be subject to penalty. Cancellations requested before the installation or activation date and after 72 hours from the initial order placement will be subject to a processing fee.  If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by Provider or its vendors due to technical limitations. If, after both parties have signed this Contract, termination occurs after 72 hours but before we begin installation of equipment or activation of services, you shall be liable to us for liquidated damages in the amount of One Thousand Dollars and Zero Cents ($1,000.00) which sum is reasonably calculated to the damages inflicted on us as a result of such cancellation.
  2. If termination occurs during the Initial Term of this Contract, you shall be liable for: (a) all outstanding nonrecurring fees plus (b) 100% of the Monthly Fees for each month, if any, remaining in the Initial Term.
  3. If termination occurs after the Initial Term of this Contract, you shall be liable for (a) all outstanding nonrecurring fees, plus (b) 100% of the Monthly Fees for each month remaining in the applicable term.
  4. All equipment provided as part of Provider’s Service must be returned within thirty (30) days of termination and in good working order. Customer shall be liable for all missing or damaged equipment.

All customers terminated for any reason are liable for any and all outstanding funds due to Provider at the time of service termination, including, but not limited to, rendered service, hardware and installation fees.

ACCEPTABLE USE POLICY:

Fair and Reasonable Use

Provider desires that Customer understands the intended and permissible uses of the Service and further desires to prevent fraud, exploitation and abuse of certain calling plans and features. Provider’s business service plans and features are for normal, reasonable business use and consistent with the types and levels of usage by typical customers on the same business calling plan. “Typical” refers to the calling patterns of at least 95% of Provider’s business customers on the same business calling plan. Certain calling and messaging plans, including unlimited calling and messaging plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers, resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by Provider’s other business customers may cause extreme network capacity and congestion issues and interfere with Provider’s network and/or the third party networks with which Provider connects for call initiation and completion services. Any use of the Service or any other action that causes a disruption in the network integrity of Provider or the Service or its vendors, whether directly or indirectly, is strictly prohibited and may result in suspension or termination of the Service.

i. Evaluation of Usage.

Provider evaluates Customer usage in comparison to typical levels of permissible usage engaged in by Provider’s customers. The following is a non-exhaustive list of impermissible uses under Provider’s Service and is considered outside of normal use, whether obtained directly from Provider, an authorized reseller, or from a co-branded partner of Provider:

  • aggregate inbound or outbound domestic and long distance calling exceed 3,000 minutes per subscriber line (i.e., hosted seat) per month pooled across all customer subscriber lines;
  • aggregate inbound domestic toll free calling exceeds 500 minutes per subscriber line per month per month pooled across all customer subscriber lines; or
  • facsimile pages exceed 500 pages per individual subscriber line per month.
ii. Review of Usage.

Provider reserves the right to review usage of the Service to ensure that Customer is not abusing or excessively using the Service and Provider may suspend or terminate service pursuant to this Contract if it determines, in its sole discretion, Customer is abusing the Service. Prior to taking such action, Provider will attempt to contact Customer to discuss the cause for the excessive or abusive use.
As a guide, in combination with other factors as described herein, Customer may be considered to be in violation of this Contract when any of the following occur:

  • aggregate outbound domestic long distance calling exceeding 3,000 minutes per Unlimited Extension or Premier seat per month pooled across all customer Unlimited Extension or Premier seat lines;
  • aggregate inbound domestic toll free calling exceeding 500 minutes per Unlimited Extension toll free number or Premier seat toll free number per month pooled across all customer toll free number lines;
  • facsimile pages exceeding 500 pages pooled across all customer facsimile lines per month (excluding Personal Fax); or
  • personal facsimile pages exceeding 500 pages per personal fax line per month (assigned to a single extension)

In addition, Provider’s Service may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses under this Contract or otherwise applicable to the Service):

  • Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously);
  • Bulk call-in lines (e.g., customer support or sales call centers unless Customer has purchased the Provider’s call center service, “hotlines,” 900 numbers, sports-line numbers, etc.);
  • Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls); or
  • use an email box exclusively as storage space for data.

Provider reserves the right to review Customer’s accounts at any time for potential abuses of this Contract. Provider may determine abnormal or abusive usage as stated herein. If Provider identifies excessive or abusive traffic patterns, Provider reserves the right to change Customer’s applicable calling and/or rate plan or suspend or terminate the relevant Service. In such event, Provider may transmit notice of its intended action(s) to Customer. In the event Provider provides notice and Customer fails to respond within the timeframe indicated in the notice, Provider reserves the right to suspend the excessive or abusive activity, and change the applicable calling and/or rate plan in its sole discretion thereafter.

iii. Excessive Usage.

If it is determined that Customer’s usage is excessive or abusive, Customer agrees to pay a per minute, per page fee for use in excess of typical levels at the then current rate established by Provider, of up to $.06 per minute for voice calls and/or up to $.06 per facsimile page. THIS OVERAGE FEE APPLIES TO ALL PLANS INCLUDING THE UNLIMITED PLANS, IF USE EVIDENCES PATTERNS OF ABUSIVE OR PROHIBITED USE RELATIVE TO NORMAL USE GUIDELINES. Customer’s aggregate usage may be considered outside of normal use if it is excessive or abusive as described above. If Provider affords Customer the opportunity to correct abnormal usage patterns and Customer fails to immediately conform to normal use, Provider may exercise its right to transfer Customer’s Service to a more appropriate calling plan, charge applicable rates for that plan, implement other limitations, or suspend or terminate the relevant Service pursuant to this Contract

iv. Backup Wireless Service.

Any backup wireless service offered by Provider is not intended to be used by Customer as a primary internet access source. It is to be used only as a backup/failover service in the event Customer’s primary internet connectivity is materially degraded or unavailable. In the event Provider determines that Customer is utilizing the backup wireless service as primary access and not as a backup service (whether or not such plan contemplates overage charges), Provider reserves the right to suspend or terminate the backup wireless service with prior written notice to Customer. Customer agrees and acknowledges that you shall be liable for all costs and charges associated with any such use, including any overage and other charges and costs incurred by Provider. Provider also reserves the right to throttle or reduce backup wireless service as needed due to any recurring overages or prohibited use or in order to protect its network, its obligations to its wireless carriers and mitigate its costs, which may adversely impact Customer’s other SpectrumVoIP products and services, in which case Provider shall not be liable to Customer for any such impacts or be subject to service credits or Customer’s termination rights provided by this Contract on account of such actions. Provider shall not be responsible for any Service issues arising from such improper use including but not limited to service level credits, outages and degradation of call quality.

FINAL QUALIFICATION:

Provider is committed to providing quality Service.  However, Provider is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply.  We are committed to solving your problems, but we are not responsible for failings in individual operating systems and custom configuration of operating systems, operating system components, software, network hardware, or inside wiring.

FAXING:

Provider’s eFax is an available service.  Because of inherent compatibility issues with faxing through VoIP networks, this service is unsupported.  If you send a significant amount of faxes or if you need the convenience and reliability of a standard fax machine, we recommend upgrading to our sFax service which provides a specialized fax adapter for use with your fax machine.

TOLL FREE:

Provider charges 2.9 cents per minute for toll free inbound calls. The monthly invoice will be sent by Provider and will have a minimum charge of 100 minutes ($2.90) for EACH toll free phone number assigned to Customer. There is no separate charge for the toll free number. If there are 100 or less minutes for each number then the charge will be $2.90. If there is more than 100 minutes of inbound Toll Free calls to a number, the additional charges of 2.9 cents per minute will be included on the invoice. If Customer doesn’t have a toll free phone number then these charges do not apply.

INTERNATIONAL CALLING:

Provider disables international calling from the Service/phones by default when a new account is installed. This function can be enabled on a per-extension basis OR for an entire account upon request. International rates are determined by the location the call is being placed to and by the type of phone number being called (land line vs cellular numbers). The spreadsheet with this rates can be supplied upon request containing over 105,000 different rate centers. Calls made to numbers within the Domestic United States and Canada are included with all customer accounts.

VOICEMAIL TO EMAIL TRANSCRIPTION:

Voicemail to Email provides a user with a .wav file attached to the email once a voicemail has been left for the user. This feature is included at no charge for all extensions. We recommend utilizing the option to have the voicemail automatically deleted from the extension once the email is sent so users don’t have to check voicemails in two different locations. Voicemail to Email transcription provides a text transcription of the voicemail inside the body of the email along with the attachment of the .wav file. Provider outsources the transcription service to a third-party company. There is a cost for this feature that is passed on to our customers to cover this outsourced add-on feature of $2.95 per extension per month.

SpectrumVoIP Data Request Guidelines

Last updated 3/3/20

These terms describe procedures law enforcement authorities and individuals involved in civil litigation should follow to request data from SpectrumVoIP, Inc.

These guidelines are provided for informational purposes only and do not represent a commitment by SpectrumVoIP to provide information. SpectrumVoIP also reserves its rights to require reasonable reimbursement in connection with its responses to data requests. SpectrumVoIP may revise these guidelines and the underlying processes at any time without notice. They will be posted on the website and the current date of the update.

SpectrumVoIP reserves the right to respond or object to any request for data in any manner consistent with applicable law.

Private litigants are strongly encouraged to seek any and all Data directly from the SpectrumVoIP Customer or End User, who can use automated account tools to download the relevant Data from their SpectrumVoIP Admin Portal.

I. SpectrumVoIP’s Commitment to its Account Holders

In order to maintain the privacy and trust of our Customers, we strive to ensure that our policies and practices provide clarity, when it comes to their personal information. In keeping with this commitment to our Customers, we respond to requests for customer data in accordance with our Terms of Service and our Privacy Notice both located on the company website. SpectrumVoIP may not respond to requests for information that violate established legal processes.

II. Data Requests

SpectrumVoIP only considers the following types of requests pursuant to formal legal processes. For Customers or End Users requesting copies of their own data please refer to the SpectrumVoIP Individual’s Rights and Complaints Handling Procedure.

A. Data Requests:

A Data Request is a request for information relating to a SpectrumVoIP customer account in connection with an official criminal or administrative investigation or proceeding, or a filed civil legal action.

Customers or End Users who need copies of their own data should download that data through their Admin Portals, rather than submitting Data Requests to SpectrumVoIP. Customers or End Users needing support in navigating their Admin Portals should contact the SpectrumVoIP support desk. SpectrumVoIP will comply with a Data Request sent from a Customer or End User only where required by law and after a showing that such data cannot be obtained through the Admin Portal.

Except in very limited exigent or emergency situations (see sub-section C below), SpectrumVoIP generally will not respond to Data Requests unless they are made through formal legal processes and procedures. Examples of legal processes that may serve as the basis for a Data Request include the following:

  • Subpoenas
  • Court Orders
  • Search Warrants
  • Civil Investigative Demands

B. Preservation Requests:

A Preservation Request asks SpectrumVoIP to preserve customer account data in connection with an official criminal or administrative investigation or proceeding. Preservation Requests must include all of the information outlined in Section V (Information to Include in Data Requests) below.

In response to a Preservation Request, SpectrumVoIP will generally agree to preserve a one-time snapshot of the then-existing account data that the Preservation Request specifies for ninety (90) days, pending service of formal legal process and provided the requestor agrees to the fees schedule set forth herein.

On the ninety-first (91st) day the preserved data may be deleted unless the requestor has provided a formal Data Request in the interim. Any production of preserved data will be subject to the timelines and fees outlined in these guidelines, which may include an additional fee for any such preservation.

A Preservation Request will not result in SpectrumVoIP recovering customer data that has already been deleted. SpectrumVoIP is not able to recover customer data once it has been deleted.

C. Emergency Requests:

Emergency requests for customer Data will not be considered unless they are made using the Emergency Data Request Form (contact Support) or are made in connection with a Court Order. Emergency Requests (if made without a Court Order) are only appropriate in cases involving the risk of serious bodily harm or death, and (absent a Court Order) SpectrumVoIP responds to such Requests only when SpectrumVoIP believes that such harm may be imminent if we do not respond.

III. Service of Process for Data Requests

SpectrumVoIP will review and respond to properly served request for data as required by law and in accordance with its Terms of Use and Privacy Notice.

SpectrumVoIP may object to requests for data for any reason and will object if they are deemed by SpectrumVoIP to have been improperly served, are overly broad or vague, or unduly burdensome.

A. Service of Process by Law Enforcement:

As a courtesy to law enforcement, SpectrumVoIP accepts service of subpoenas, warrants, court orders, and governmental civil investigative demands or related legal process which do not require the oral testimony or personal appearance of a SpectrumVoIP representative, via email at support@spectrumvoip.com, with a copy by any means authorized under the Federal Rules of Civil Procedure. Acceptance of service of process by email is strictly voluntary and may change at any time and without notice.

SpectrumVoIP does not consent to service by fax or email for subpoenas, warrants, court orders, and civil investigative demands or related legal process seeking oral testimony or the personal appearance of a SpectrumVoIP representative. SpectrumVoIP requests personal service on SpectrumVoIP’s registered agent for service of process or legal process seeking oral testimony or the personal appearance of a SpectrumVoIP representative.

B. Service of Process in Civil Matters

All service of process in civil matters should be localized through the Texas state or federal courts, as applicable, and conform to the laws of the State of Texas.

IV. Additional Restrictions and Terms:

To the extent permitted by law, SpectrumVoIP reserves the right to require payment in advance of any production related to a Data Request; to withhold delivery of information until payment is received; and to seek enforcement of charges, including the cost of collection, through collections agencies, and any other means necessary and available under applicable law.

V. Information to Include in Data Requests

SpectrumVoIP‘s databases are not designed to enable any kind of search a requestor might desire. In addition, certain features of SpectrumVoIP’s business make many common search requests virtually worthless. For example, SpectrumVoIP allows its customers to add or drop telephone numbers from their accounts through their Admin Portal at any time and as often as they like. As a result, a given telephone number may be assigned to many different users over a comparatively short period of time. Thus, a request for information relating to a given telephone number is (unless targeted to a very short period of time) highly likely to relate to more than just the user(s) who are relevant to the Data Request and impinge on the privacy rights of those users. For these reasons, SpectrumVoIP cannot reasonably consider a Data Request unless it includes at least the following information:

  • Telephone Number
  • A specific date or a narrowly tailored date range (generally up to 2 months).
  • Any other potentially identifying information (for example a customer’s name, physical address, email address) in the possession of the Requestor.
    • Please note that SpectrumVoIP customers register through an online portal and their names, addresses and other contact information are not verified or regulated by SpectrumVoIP in any way. As a result, (a) in some cases the identifying information provided by a requestor may not be used in a search and (b) searching by user name may be unreasonably over-broad so SpectrumVoIP may require the requestor to provide narrower criteria (Ex., SpectrumVoIP has thousands of accounts with first name: “Customer” and last name “Service”).

A. Law Enforcement Data Requests

To enable SpectrumVoIP to verify that a data request is from an official law enforcement agency or authority, SpectrumVoIP requires that each law enforcement request include at least the following information:

  • Requesting Agency’s Name
  • Requesting Agent’s Name
  • Requesting Agent’s Badge/Identification Number
  • Requesting Agent’s Employer-Issued E-mail Address (SpectrumVoIP will not respond to an individual’s private email address or any e-mail address in a domain unassociated with the Requesting Agency)
  • Requesting Agent’s Telephone Number (including extension)
  • Requesting Agent’s Mailing Address (P.O. boxes will not be accepted)
  • Requested Response Date (please allow at least 2 weeks for processing)

B. Civil Data Requests

The following contact information is required for the requesting party and its counsel of record:

  • Requesting Party’s Name
  • Counsel Name and applicable State Bar Number
  • Local Counsel Name and Texas State Bar Number
  • Telephone Number
  • E-mail Address
  • Mailing Address (P.O. boxes will not be accepted)
  • Requested Response Date (please allow at least 4 weeks for processing)

Private litigants are strongly encouraged to seek Data directly from the SpectrumVoIP Customer or End User, who can use automated account tools to download the relevant Data from their SpectrumVoIP Admin Portal.

C. Time for Response

Requests are generally handled in the order received, subject to other pending expedited requests, with law enforcement requests given priority.

Expedited responses for data, if available resources permit, will be provided on a case-by-case basis and are subject to a fee for expediting the response, where permitted by law.

Response times will be commensurate with the size and complexity of the request; generally a response may be expected within thirty (30) days.

D. Responsive Information

Responsive information is generally returned via e-mail in the form of a compressed, password protected file; however, if the volume of returned data is larger than a few megabytes, we may place the compressed, password protected file for download via a secured SpectrumVoIP Box account or FTP server.

VI. Types of Information Available in Response to Data Requests

A. Information SpectrumVoIP Can Provide

Depending on the type of legal process validly issued and served upon SpectrumVoIP, we may be able to respond with one or more of the types of data set forth in this Section.

It is important that SpectrumVoIP protects its customer information not only as indicated in our Terms of Service and Privacy Notice but also in accordance with state, federal, and international data protection and communications laws. Disclosure of some types of Data is more highly restricted by law and may only be disclosed in response to certain types of entities or with specific types of legal process.

Governmental Requests: in response to a Data Request from a government entity, which is validly served and supported by sufficient legal process, SpectrumVoIP may provide Basic Subscriber Information, Billing History Information, Additional Number or Extensions, Call Log Data, Fax Log Data, SMS Log Data, Comment Log Data, and Content of Communications. These types of information are described in more detail below.

Civil Requests: in response to a Data Request from a private litigant, which is validly served and supported by sufficient legal process, SpectrumVoIP typically may provide Basic Subscriber Information, Billing History Information, Additional Number or Extensions and Comment Log Data (not Call/Fax Logs, SMS Message Records, or Media) provided that the request is properly limited in scope.

Private litigants: are strongly encouraged to seek Call Logs, Fax Logs, SMS Logs, or the Content of Communications directly from the SpectrumVoIP Customer or End User, who can use automated account tools to download the relevant Data from their SpectrumVoIP Admin Portal. Each of these classes of information is described further below. Keep in mind that while SpectrumVoIP is often able to provide the sorts of data above, it cannot guarantee that this will be the case for your data request. Each customer’s circumstances are unique; information that is readily accessible or useful in some cases may not be in others.

The production of Call Logs, Fax Logs, and SMS Logs is frequently unduly onerous, and SpectrumVoIP may object to the production of these records to private litigants. Additionally, SpectrumVoIP is typically prohibited from producing the Content of Communications to private litigants.

The Fees associated with the production of each of these categories of records is outlined in Section XI (Cost Reimbursement).

B. Basic Subscriber Information

A report which shows basic subscriber information including, to the extent SpectrumVoIP’s customer completed the fields upon registration, the following information:

  • Customer’s First and Last Name
  • Contact Telephone Number
  • Company Name, if applicable
  • Physical or Mailing Address (Street, City, State, and Zip Code)
  • Email Address(es)
  • Date of Account Signup and Next Billing or Deactivation Date

C. Billing History Information

A report which gives very basic information in the form of line items transactions:

  • Date of Transaction
  • Transaction Reference Number
  • Amount of Transaction
  • Payment Method (including the last 4 digits of a credit card or Indication of Invoice Billing)
  • State of Transaction (Success or Failure)

D. Additional Numbers or Extensions

A list of all other phone numbers associated with the same account. This report shows the number and the date it was added to the customer’s account; it also shows the underlying provider of the number (for example, Level3 or Bandwidth).

E. Comment Logs

A “comment log” report lists of activities that are associated with an account and are logged by SpectrumVoIP employees. Each logged activity has a date/time stamp and a brief description of the activity performed.  Note that there is substantial variation in the quality and content of comment logs.

F. Call/Fax Log Records

A document in substantially the same format as traditional call detail records, although there are slight differences because SpectrumVoIP’s systems are cloud-based. SpectrumVoIP delivers Call and Fax Log Records in the form of a comma-separated value (CSV) file. 

G. SMS Log Records

A report that includes substantially the same information as Call/Fax Log Reports. SpectrumVoIP delivers SMS Message Logs in the form of a CSV file.

H. Content of Communications

Depending on the scope of the request), SpectrumVoIP may be able to provide various communications content (listed below):

  • Faxes
  • Incoming Voice Messages
  • Content of SMS Messages
  • Call Recordings
  • Glip data

SpectrumVoIP delivers the Content of Communications in multiple formats as follows:

  • Faxes will be delivered as PDF formatted files
  • Incoming Voice Messages and Call Recordings will be delivered as either MP3 or WAV format files, depending on how our customer has their account setup
  • Content of SMS Messages will be delivered in a CSV file
  • Glip Data will be delivered in JavaScript Object Notation (JSON) format

VII. SpectrumVoIP’s Data Retention Periods

SpectrumVoIP takes reasonable and appropriate steps to guard against inadvertent or malicious deletion or destruction of data in its systems. SpectrumVoIP provides information about its data retention policies for general informational purposes only, and does not commit to retaining all information as described below.

SpectrumVoIP retains information related to our customers’ accounts in accordance with the following data retention schedules and subject to the automated deletion cycles listed below. SpectrumVoIP normally deletes or de-identifies all data from a customer’s account within 30-45 days of account closure. In addition, customers have the ability to delete numerous types of data for their accounts, such as voicemails, SMS’s, and faxes. The following retention periods generally assume the customer has not deleted the data from its account. SpectrumVoIP is not able to recover customer data once it has been deleted.

SpectrumVoIP retains data for all accounts as follows:
Basic Subscriber InformationFor as long as needed to provide services to the customer and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Billing History Information
Additional Numbers of Lines Associated with a Given Account
Comment Log and Records of Activity
Call/Fax Log Records

Other data is retained depending upon whether the customer’s account is set up as a HIPAA account.

 

Data Retention for Non-HIPAA Accounts
Incoming Faxes and Voice Messages200 Total, then begin deleting oldest Message
Outgoing Faxes30 Days
SMS Messages5,000 Messages, then begin deleting oldest SMS Message
Call Recordings90 Days
Sent Faxes30 Days
Glip DataSet by individual customers at any interval between twenty-four (24) hours and up.
Notwithstanding the forgoing, SpectrumVoIP only maintains such information for as long as needed to provide services to the customer and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

Data Retention for HIPAA Accounts
Incoming Faxes and Voice Messages30 Days
Outgoing Faxes30 Days
SMS MessagesNot Available
Call Recordings30 Days
Sent Faxes30 Days
Glip Data30 Days

 

VIII. Notification of Customers

SpectrumVoIP’s notifies its customers of Data Requests unless precluded from doing so by law or court order. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other valid legal process that specifically prohibits customer notification prior to sending a Data Request or Preservation Request to SpectrumVoIP. When a Data Request is accompanied by a nondisclosure order, SpectrumVoIP will notify the affected customer(s) as soon as the order is overturned or expires.

Please note that nondisclosure orders should be as narrow in scope and duration as circumstances permit, and that SpectrumVoIP does not provide advance notice to the requesting party that a nondisclosure order is expiring; it is up to the requesting party to calendar the nondisclosure period and to keep SpectrumVoIP apprised of any modifications or extensions.

If your Data Request draws attention to an ongoing violation of our Terms of Service, or Privacy Notice we may take action to prevent any further abuse in order to protect the network, comply with our legal obligations and/or protect other SpectrumVoIP customers. This may include actions that could (explicitly or implicitly) notify the customer that we are aware of his or her misconduct.

IX. Non-US Requests

At the present time, a Mutual Legal Assistance Treaty (MLAT) Request or letter interrogatory is typically required for disclosure of Data in connection with a non-United States Data Request.

X. Questions/Status Requests:

Questions regarding the SpectrumVoIP Data Request Guidelines should be directed to: Accounting@spectrumvoip.com. For security reasons, SpectrumVoIP will only respond to questions submitted in writing.

To prevent delays in response to your Data Request and those of others, please allow SpectrumVoIP ten (10) business days to respond to your request before you inquire as to its status.

XI. Cost Reimbursement:

To cover the cost of compliance to SpectrumVoIP, SpectrumVoIP requires payment of the following fees, to the extent allowable by law, for all Data Requests, regardless of format or requesting party. SpectrumVoIP may charge additional fees for especially burdensome requests or requests not covered in the tables below.

Cost Reimbursement
$50.00Per account for any combination of the following:

  • Basic Subscriber Information
  • Billing History Information
  • Additional Number or Extensions
  • Comment Logs
$100.00Per account for:

  • Preservation, and/or
  • Expedited Handling, if available
$40.00/MonthCall/Fax Log Records per account
$40.00/MonthSMS Log Records per account
$80.00/MonthPer Content of Communications Type:

  • Faxes
  • Content of SMS Messages
  • Voice Messages
    • Call Recordings
$250.00/hour/EngineerGlip Data

  • Requests requiring more than 0.5 hours will be billed at a one- (1-) hour minimum
$0.25/PagePhotocopies and facsimiles exceeding ten pages
$60.00 for travel and $10 per signaturePer notarized document request (i.e. affidavit)
$190.00/hour/Paralegal Time
$250.00/hour/Engineer Time
$450/hour/Attorney Time
Requests requiring more than 0.5 hours will be billed at a one- (1-) hour minimum.
Pen Register/Trap and TraceSpectrumVoIP’s actual cost
WiretapSpectrumVoIP’s actual cost

 

Payment methods
Check:Make payable to SpectrumVoIP, Inc.
(Tax ID #26-4657666)
Mail to:
SpectrumVoIP, Inc.- Attn: Accounting
7600 Windrose Ste 350·
Plano, TX 75024
Please indicate “Subpoena Request” and your Invoice Number on the check.
*A $45 fee will be charged for any returned checks.
ACH or Wire TransferContact SpectrumVoIP Accounts Payable Monday through Friday between the hours of 9:00 am and 4:00 pm Central Time.
Telephone: 972-312-0388
Please have your Invoice Number ready to provide to the SpectrumVoIP representative.

 

SMS / MMS Terms of Service

Per 10DLC regulations, SpectrumVoIP cannot provide SMS / MMS functionality to businesses with the legal entity type of Sole Proprietorship without EINs. All businesses must provide an EIN to SpectrumVoIP at setup.

Each campaign can support up to 49 SMS / MMS-activated numbers.

Businesses enrolled will incur a $500 fee for non-use after 90 days.

Carrier fees and account restrictions:

It is your responsibility to be aware of any additional restrictions when sending SMS messages, and to adhere to any and all policies related to the recipient number.

Prohibited campaigns

SMS is a great way to engage your opted-in customers, but there are limitations and restrictions in terms of what may be sent, and the content of those messages. The following campaigns are prohibited across all of SpectrumVoIP’s SMS solutions:

  • Loan and mortgage advertisements
  • Credit repair offers
  • Debt relief offers
  • Debt collection attempts
  • Work-from-home advertisements
  • Secret shopper advertisements
  • Alcohol, tobacco, or firearms advertisements
  • Pharmaceutical, vitamin, or other drug advertisements
  • Campaigns that may be similar to the above

Note: some campaigns are designed to engage existing customers, but are often prohibited because they are similar in nature to the types of campaigns listed above. For these types of campaigns, you may be able to receive an exemption by registering for a special TCR campaign. Without this exemption, VoIP is unable to allow these campaigns.

Prohibited content

The following message content is also strictly prohibited and may result in your service being blocked or suspended by the carriers or SpectrumVoIP:

  • Messages that engage in any illegal activity or otherwise violate our terms of service, including the acceptable use policy
  • Messages that engage in or promote, pornographic or adult entertainment, regardless of legality
  • Messages that contain text or references to violence, hate speech, or otherwise engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior
  • Messages that contain text or otherwise reference substances defined as controlled substances under federal law, regardless of legality, including marijuana (cannabis)
  • Messages that contain third-party affiliate/lead generation links
  • Messages that contain obfuscated links for the purpose of misleading the reader, or use links contrary to the expectation of the user based on the message text
  • Messages that are structured to evade this policy or the policies of carriers (e.g. misspelling, uncommon capitalization, etc.)

SpectrumVoIP reserves the right to add to this list at any time or determine whether messages are prohibited at its discretion.

SMS / MMS Pricing

SpectrumVoIP is always committed to bringing transparent, simple, and affordable rates to our customers, and the new SMS / MMS adjustments are no exception.

  • One-time, initial Campaign Registration Fee – $25.00
  • Monthly Campaign Fee – $10.00
  • Inbound and Outbound SMS / MMS messages – $0.01075 each

Inbound and outbound SMS / MMS message charges by carrier: