Terms and Limitations of Liability

VoicePlus offers to provide its services to its Subscribers (You, Customer) subject to these Terms of Sale:

1. VPI agrees to provide, and Customer agrees to accept the services as ordered.
2. All services are offered for a minimum of three (3) months. After three (3) months, VPI will continue to provide services on a calendar month-to-month basis, or any longer period for which Customer has subscribed, until terminated by VPI or by Customer, with one month’s written notice, except VPI may terminate any or all services, without notice, if Customer’s bill is not paid in full by its due date, or pursuant to paragraphs 10 and 12 below. The Last Month’s Deposit may only be applied to Customer’s last month of service and is nonrefundable. The Usage Deposit will be applied to Customer’s usage charges and any other outstanding charges. Any excess will be refunded to Customer.
3. Accounts not paid in full by the DUE DATE are subject to a late payment charge of $1.00 per subscriber mailbox, unless VPI have entered into a written agreement that states otherwise. In addition, all or any part of the services that VPI provide may be interrupted without notice. The Service Interruption charge is $1.00 per interrupted item. The Service Reconnection charge is $1.00 per reconnected item. The Returned Check charge is $50.00 or the maximum allowed in Customer’s State.
4. VPI makes and provide no warranty, express or implied, with respect to the services offered hereunder, and disclaim any express or implied warranty of merchantability or fitness or a particular purpose or use with respect to such services.
5. VPI will use our best efforts to maintain uninterrupted service. VPI is not responsible for uncompleted or un-retrievable messages, faxes or beeps as a result of power and/or equipment failure.
6. In addition, because damages cannot be calculated in advance, VPI agrees that Our maximum liability for actual proven damages for any cause whatsoever, including but not limited to, any failure or disruption of service provided hereunder, regardless of the form of action, whether in contract or tort or otherwise, including negligence, shall be limited to an amount equivalent to the charges payable by Customer under this contract for the services during the period such damages occur, even if VPI are expressly advised about the possibility of such damages.
7. In no event, regardless as to the cause of action, venue or court, shall VPI be liable in excess of one (1) month’s basic service charges, and in no event, regardless as to the cause of action, venue or court, shall VPI be liable for any special or consequential damages or sanctions, even if VPI is expressly advised about the possibility of such damages.
8. Customer’s subscription is Customer’s Agreement that these liquidated damages are reasonable under the circumstances existing as of the time of Customer’s subscription.
9. Ownership of Number: If you don’t want to use Customer’s own phone number, VPI may lend a phone number solely for the purpose of enabling the service or services that you have ordered. You understand and agree that you are not the owner of any telephone number loaned to you by VPI. Ownership of any such phone number is vested solely in VPI, which may lend such numbers to Customer for Customer’s use during the term of this Agreement. VPI is an enhanced service provider, not a telephone company.  Our telephone numbers may not allow for portability. With the exceptions stated in this paragraph, Customer may not port our phone numbers out.
   1. In the event that Customer has moved a Number from a previous service provider or carrier to VPI, then Customer will retain ownership of that Number. Customer retains complete control to move that Local or Toll Free Number at no charge from VPI to an alternate carrier, so long as (a) the termination of the Service is not due to a default by customer, and (b) all fees and charges for the Services, whether or not then due, have been paid in full.
   1. In the event that the Number loaned to you by VPI is a Toll-Free number, then VPI will, upon Customer’s written request, allow you to move that Toll-Free number from VPI to an alternate Toll-Free carrier, provided that (a) the termination of Service is not due to a default by Customer, (b) all fees and charges for the Services, whether or not then due, have been paid in full, and (c) upon receipt of payment of $200 for each Non-Vanity “True 800” number that you move away and $50.00 for each other non-vanity toll free number that does not begin with “800” that you move away. Please call us for pricing for moving Vanity Toll Free numbers.
   1. VPI incurs significant expenses when local numbers are ported away. In the event that the Number loaned to you by VPI is a Local Number, AND THE TELEPHONE NUMBER HAS NOT BEEN LOANED TO ANOTHER CUSTOMER, then VPI will, upon Customer’s written request, allow you to move that Local Number from VPI to an alternate carrier, provided that (a) the termination of Service is not due to a default by Customer, (b) all fees and charges for the Services, whether or not then due, have been paid in full, and (c) upon receipt of payment of $100.00 for each “Vanity” Local Number that you move away and/or $50.00 for each other Local Number that you move away.
   1. You understand and agree that (a) Although highly unlikely, and only under special circumstances, VPI may change the number loaned to You; and (b) following the termination of Customer’s VPI account, for any reason, you will no longer have access to such number. In either case, such phone number may be immediately loaned to another subscriber and Customer agrees that VPI will not be liable for damages (including consequential or special damages) arising out of any such re-lending and Customer hereby waive any claims with respect to any such re-lending, whether based on contract, tort or other grounds, even if VPI have expressly been advised of the possibility of damages.
10. VPI have the right to refuse service to anyone who uses the services provided hereunder for obscenities, illegal activities, harassment or who interferes with or harasses VPI or other customers.
11. While it is our desire to maintain advertised message storage capacities and time values at all times, they may be changed without notice whenever necessary to maintain the overall integrity of the computer systems and uninterruption of services.
12. Opting Out of Receiving Communications From US: From time to time, VPI may send communications to Customer by email, text, fax, postal service, telephone, voicemail or any other type of communication, whether any such communication means are known today or become available at such time in the future. You may choose to opt-out of certain types of communications. Customer will be given an opportunity to opt-out from those types of communications as VPI send them to Customer. However, Customer may not opt-out of receiving communications regarding billing, service related and availability, user instructions or guides or announcements of new services and enhancements to the services that Customer are now using, or may in the future, decide to use.
13. All disputes, except claims by VPI for any unpaid amounts Customer owes to VPI, will be settled first by Mediation and, if unsuccessful, then by binding Arbitration. This Agreement will be governed by the laws of the State of California.
14. Taxes include one or more of the following: Federal, State, Local Sales Taxes, Telecommunication, Business, P.U.C., Franchise and any new ones as they come along.
15. VPI may change our Terms, rates and Limitations of Liability at any time and without notice. It is Customer’s responsibility to check the web site for documented changes. Customer’s continued use will indicate Customer’s acceptance of the new terms, whether or not Customer has actual knowledge of the change.
16. Our Service Guarantee applies only to services interruptions caused by our equipment. VPI is unable to extend our Guarantee to outages caused by events over which VPI has no control, examples of which are weather, power interruptions, circuit outages or overloads, strikes, Acts of Nature, and outages or interruptions being suffered by telephone companies or other vendors who provide services to VPI. Naturally, a “day” is 24 consecutive hours.
17. Acceptance of Terms and Conditions: The VoicePlus website is owned and provided by VoicePlus, Inc. and Customers hereby authorized to view, copy and print the materials appearing on this VPI website, subject to the following:
    1. The materials may be used for internal informational and non-commercial purposes only.
    1. Any copy of these materials or any portion thereof must include the above copyright notice.
    1. You may not copy, distribute, modify, transmit, reuse repost or otherwise display the VPI website content for public or commercial purposes, without the express written consent of VPI’s Legal Department authorizing use for such purpose(s).
    1. VPI may revoke or modify any of the foregoing rights at any time, with or without cause. Customer’s use of this VPI website and login portal constitutes Customer’s acceptance of all terms and conditions stated in this Legal Statement and information page, and Customer’s agreement to be bound by them. Please review this information often, as it may change at any time without notice.
18. The information contained in this document and on the VPI website may contain errors or inaccuracies, and is provided to you “as is”, for Customer’s informational purposes only, without warranty of any kind, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. In no event will VPI be liable to any party for any direct, indirect, special or other consequential damages, relating to or arising out of the use of this VPI website, including specifically any lost profits, business interruption or loss of data, even if VPI is expressly advised about the possibility of such damages. VPI may make changes or improvements to the information displayed on this website and port or to the terms, products or services described herein, at any time and without notice.
19. Our Terms can and do change without notice. It is Customer’s responsibility to return to this page and understand the Terms under which VPI offer our services. If you do not agree to our Terms and Limitations of Liability, or any changes thereto, you must immediately cancel Customer’s subscription(s).