VOIP Terms and Conditions
Professional Security Innovations TERMS AND CONDITIONS OF VOICE SERVICES
These Terms of Service constitute the agreement ("Agreement") between
Professional Security Innovations, LLC. ("Carrier”, “we," "us" or
"Professional Security Innovations") and the End User ("You", "Your"
or "Customer") of Professional Security Innovations's Business VOIP
Services (“Service”, “Services”). Customer and Professional Security
Innovations may be collectively referred to herein as the "Parties”,
and individually as “Party”. This Agreement governs the Service as
well as use of Professional Security Innovations-supplied hardware,
and any other IP-PSTN device used in conjunction with the Service. By
signing the Professional Security Innovations Services Quote to
activate Professional Security Innovations services, you acknowledge
that you have read, understand, and agree to the Terms and Conditions
of this Agreement, and are of legal age to enter into this Agreement.
1. SERVICE
1.1 START OF SERVICE, BILLING DATES, AND PRORATING - You agree to
fulfill the Contract Term designated on the General Information Form
of the Professional Security Innovations Services Quote that you
signed. You will be placed on a Billing Cycle for the selected
Contract Term. For Standard Billing Cycles, Monthly Service Term
begins on the first day of the month and ends on the last day of the
month. Billing is processed during the first week of each month. For
high volume customers, the Billing Date is determined by Professional
Security Innovations based on Contract Term/billing cycle with
Professional Security Innovations. The Account Activation Date is the
date that your account is set up on Professional Security Innovations.
The Service Activation Date is the date that Services become usable by
you. Invoices will be generated at the start of the billing cycle
nearest to your Account Activation Date. The first invoice includes
charges for prorated Monthly Recurring Charges (MRCs) as well as
Non-Recurring Fees (NRCs), plus usage charges. Prorated charges are
based on the number of days in the month in which Service was
activated and are for each day of Service up to the first day of the
next billing cycle. MRCs or other charges are billed to your account
and processed during the first week of each month, or on another date
as determined by your Contract Term and billing cycle arrangement with
Professional Security Innovations.
1.2 CONTRACT TERMS AND USE OF SERVICES – The Contract Term refers to
the initial length of the Term (in months) of Service that you ordered
from Professional Security Innovations and appears on the General
Information Form of the Professional Security Innovations Services
Quote. Professional Security Innovations offers month-to-month, 12
(twelve), 24 (twenty-four) and 36 (thirty-six), 48 (forty-eight), 60
(sixty), 72 (seventy-two), and 84 (eighty-four) month Contract Terms.
The Contract Terms renew automatically without action by either Party.
If you terminate Service prior to the end of your Contract Term, you
will be responsible for the remaining Monthly Recurring Charges on all
subscribed-to Services for each billable month left in your Contract
Term, plus any applicable Cancellation/Disconnection Fees, a
Cancellation Fee of $39.95 per SIP trunk, plus any other unbilled
charges, all of which become immediately due and payable upon
termination or cancellation of Service/Contract. Expiration or
Termination of a Contract Term does not free you from paying any and
all unpaid charges to Professional Security Innovations. Any unused
free months or minutes on special promotional offerings will not be
credited to your account should you request an early cancellation of
Services.
1.3 BUSINESS SERVICES – LIMITATIONS OF USE OF SERVICE(S) AND
INTEGRATED ACCESS DEVICE or IADS(S); PROHIBITION OF RESALE - If you
have subscribed to Professional Security Innovations Services, the
Services are provided to you as a normal business user. This means
that you must not resell or transfer the Services to any other
person/entity for any purpose, without express written permission from
Professional Security Innovations. You understand that subscribing to
Professional Security Innovations Services does not grant you the
right to use the Services for high volume applications such as
auto-dialing, continuous or extensive call forwarding, telemarketing,
polling, charitable or political solicitation, fax broadcasting, or
fax blasting unless prior approval was given to you by Professional
Security Innovations to use the Services in such a way. Professional
Security Innovations offers Metered Services, which may be used for a
variety of high volume applications. If you have subscribed to
Professional Security Innovations Services such as hosted PBX, SIP
Trunks, audio conferencing, IP fax, or other Services, you are
permitted to use the Services at the agreed upon rates and/or
applicable Monthly Recurring Charges as described in your original
Services Quote Packet. Professional Security Innovations reserves the
right to immediately modify and/or terminate the Services and/or
Pricing, if Professional Security Innovations determines that your use
of the Services exceeds the stated Limitations of Use for the Services
that you have subscribed to.
1.4 LAWFUL USE OF Professional Security Innovations SERVICES(S) AND
EQUIPMENT, PROHIBITED USES, UNAUTHORIZED USAGE - You agree to use the
Service(s) only for lawful purposes. This means that you will not use
them for transmitting or receiving any communication(s) or material(s)
of any kind when in Professional Security Innovations's sole judgment
the transmission, receipt, or possession of such communication(s) or
material(s) (i) would constitute a criminal offense, create a civil
liability, or violate any applicable local, state, national or
international law or (ii) encourages conduct or activities that would
constitute a criminal offense, give rise to a civil liability, or
otherwise violate any applicable local, state, national or
international law. Professional Security Innovations reserves the
right to terminate your Service immediately and without advance notice
if Professional Security Innovations, in its sole discretion, believes
you have violated any of the restrictions noted above. Upon
termination, you are immediately responsible for the full month's
charges plus any unbilled or past-due charges accrued up to the end of
the current Month-to-Month Term. You are liable for any and all use of
the Service(s) and/or IAD(s) by yourself and by any person making use
of the Service(s) or IAD(s) provided to you, and by accepting these
Terms & Conditions, you agree to indemnify and hold harmless
Professional Security Innovations against any and all liability for
any such use. If Professional Security Innovations, in its sole
discretion believes that you have violated the above restrictions,
Professional Security Innovations may forward the objectionable
material, as well as your Professional Security Innovations
communication records and your personally identifiable information to
the appropriate local, state, national, or international authorities
for investigation and prosecution and you hereby consent to such
forwarding.
If your IAD or a Professional Security Innovations-issued IAD is
stolen, or you become aware that your Professional Security
Innovations Services are being stolen or fraudulently used by a third
party (either directly, or through your own IAD/PBX equipment as in
the case of SIP Trunking customers), you must notify Professional
Security Innovations immediately by calling the Professional Security
Innovations Customer Support Line (1(888)-776-7321) or emailing
help@professionalsecurityinnovations.com. When you contact
Professional Security Innovations to report the problem, provide your
Professional Security Innovations account number and a description of
the alleged theft or fraudulent use of Services. Until Professional
Security Innovations receives notification of the theft or fraudulent
use, unauthorized traffic and usage charges will continue to
accumulate and will be automatically charged to your Professional
Security Innovations account. You will be liable for all fraudulent
use of the Services and/or device(s) stolen from you, and charges will
be applied to your account. Notwithstanding anything to the contrary,
Professional Security Innovations will not issue credits for charges
resulting from fraudulent use that arises out of third parties hacking
into your equipment, the internet, or your Services. This hacking
includes, but is not limited to, modem hijacking, wireless hijacking
or other fraud arising out a failure of your internal/corporate
procedures. Fraudulent continental USA calls will be billed at the
rate of $0.0290 per minute outbound and $0.0290 inbound. International
Calls will be billed per the International Rates associated with your
Professional Security Innovations account. Failure to contact
Professional Security Innovations as described above may result in
termination of your Services.
1.5 USE OF SERVICE(S) AND IAD(S) BY CUSTOMERS OUTSIDE THE UNITED
STATES - Professional Security Innovations encourages you to use the
Service(s) and provides live and/or email technical support for the
Services within the United States. If you take the IAD to a foreign
country and use the Service from there, you do so at your own risk,
including the risk that such activity violates the local or national
laws in the country where you choose to do so. You are liable for any
use of the Service(s) and/or IAD(s) by yourself or any person making
use of the Service(s) or IAD(s) provided to you and you agree to
indemnify and hold harmless Professional Security Innovations against
any and all liability for such use. Should the removal from the United
States or Canada of the IAD violate any export control law or
regulation, you will be solely liable for such violation and agree to
indemnify and hold harmless Professional Security Innovations against
any and all liability for such violation. Professional Security
Innovations reserves the right to terminate your Service immediately
and without advance notice if it determines that you are using it
outside the United States or Canada.
1.6 LOSS OF CARRIER SERVICE(S) DUE TO POWER FAILURE, ISP OR BROADBAND
OUTAGE, OR ACCOUNT SUSPENSION - You acknowledge and understand that
the Professional Security Innovations Service does not function in the
event of power failure. You also understand that the Service is
delivered to you through a broadband Internet connection, which is not
provided by or managed by Professional Security Innovations. In the
event of a power or service outage, or unavailability of service from
your Internet service provider ("ISP"), Professional Security
Innovations Service will not function. The Service will not function
again until power is restored or the ISP outage is cured. You may have
to reset or reconfigure Professional Security Innovations equipment or
IADs prior to utilizing the Service again after a power failure or
other ISP or broadband service interruption. During such outages, you
will continue to be billed for the Service unless and until you or
Professional Security Innovations may terminate the Service in
accordance with this Agreement. If your account was suspended by
Professional Security Innovations for non-payment, you must pay any
outstanding invoices, plus a Re-connection Fee of $39.95 per SIP Trunk
before Service is restored by Professional Security Innovations.
1.7 COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF SOFTWARE, HARDWARE, OR
IAD(S) - The Professional Security Innovations Service(s) any
Professional Security Innovations-issued hardware or software used to
deliver the Service to you, plus all Services, information, documents
and materials on Professional Security Innovations's website(s) are
protected by trademark, copyright, or other intellectual property laws
and/or international treaty provisions. All websites, corporate names,
service marks, trademarks, trade names, logos and domain names
(collectively "marks") of Professional Security Innovations are the
exclusive property of Professional Security Innovations and nothing in
this Agreement grants you the right to use any such marks. You
acknowledge that you are not given license to use the Professional
Security Innovations-issued hardware or software, other than as a
nontransferable, revocable license in object code form (without making
any modification thereto) strictly in accordance with the terms of
this Agreement. You agree that the IAD is exclusively for use in
connection with the Service and that Professional Security Innovations
will not provide any passwords, codes, or other information that would
enable you to use the IAD for any other purpose. Do not reverse
compile, disassemble, engineer, or otherwise manipulate the hardware
or software. If you use the Service through an IAD not provided by
Professional Security Innovations, you warrant and represent that you
possess all required rights, including software and/or hardware
licenses, to use the IAD with the Service and you will indemnify and
hold harmless Professional Security Innovations against any and all
liabilities due to your use of such IAD with Professional Security
Innovations Service.
1.8 TAMPERING WITH SERVICE(S) OR Professional Security Innovations
ISSUED IAD(S) - If Professional Security Innovations has issued you an
IAD device, you may not change the electronic serial number or
equipment identifier of the IAD, or perform factory reset of the IAD.
Professional Security Innovations reserves the right to terminate your
Service(s) if you tamper with the IAD, leaving you responsible for the
remaining charges to the end of the agreed-to service term, plus any
unbilled charges, plus applicable Cancellation Fee(s) all of which
become due and payable and will immediately be charged to your credit
card or account. Further, you agree not to hack or disrupt the Service
or make any use of the Service that is inconsistent with its intended
purpose.
1.9 TRIAL PERIOD, RETURN OF IAD, AND DAMAGED PACKAGES - Professional
Security Innovations provides a fourteen (14) day Trial Period during
which time you may decide if you wish to continue the Services through
the end of the Contract Term. Hardware may be returned to Professional
Security Innovations may for a refund of the net purchase price and
the Services may be cancelled without penalty within fourteen (14)
days of your Service Activation Date. You are responsible for all
usage charges accrued during the Trial Period and must pay these
charges immediately after the hardware IAD(s) has been returned to
Professional Security Innovations. Any hardware IAD that you purchased
from Professional Security Innovations may be returned provided that
the return package is received by Professional Security Innovations
within 10 (ten) days of the end of the Trial Period. If you wish to
return any hardware, you must first call the Professional Security
Innovations Customer Care Line to obtain a Return Shipment
Authorization Code, which must be displayed on the return package.
Returned hardware must be received in the original and complete
condition and packaging that it was originally sent in, meaning that
all parts, accessories, documentation and materials are included with
the return package. Upon receipt and inspection of the return package,
Professional Security Innovations will issue a credit for the original
purchase amount of the equipment to your account or credit card. You
are responsible for all cost and risks associated with the return
shipment of the hardware. In the event that a Professional Security
Innovations package arrives to you in a visibly damaged condition, you
must note the damage on the freight bill and retain a copy for your
records. In such event, you must keep the original carton, all packing
materials and parts intact in the same condition in which they were
received from the carrier and contact Professional Security
Innovations' Customer Care Department immediately. To obtain a return
authorization number, you must contact
help@professionalsecurityinnovations.com or 1(888)-776-7321.
1.10 NUMBER RELEASE ON SERVICE TERMINATION - Upon termination of
Service, Professional Security Innovations may release a telephone
number that you ported to Professional Security Innovations from a
previous service provider and used in connection with the Service. At
your request, the number may be released to your new service provider,
provided that your Professional Security Innovations account is
current including payment for any and all outstanding charges
(including any outstanding Monthly Recurring Charges that remain on
your Contract Term) and any applicable Cancellation Fees. To request a
Number Release, you must submit a LOA (Letter of Agency) to your new
telephone/telephony service provider. Upon satisfaction of the above
stated requirements for Number Release, Professional Security
Innovations will release your number to your new service provider.
1.11 TELEPHONE & ENHANCED TELEPHONY SERVICE DISTINCTIONS - You
understand that the Service is not a traditional telephone service,
but an Enhanced Telephony Service. Distinctions exist between
traditional telephone service and the Enhanced Telephony Service
provided by Professional Security Innovations. The Service is subject
to different regulatory treatment than telephone service. This
treatment may affect your rights of redress before Federal, State or
Provincial telecommunications regulatory agencies.
1.12 OWNERSHIP AND RISK OF LOSS - You are the owner of the Service/IAD
and bear all risk of loss of, theft, or damage to the Service/IAD,
from the time it is shipped to you and/or activated by Professional
Security Innovations until the time it is cancelled by you.
1.13 411 SERVICES - Professional Security Innovations supports 411
Standard and Enhanced 411 Information Services. All 411 calls are
billed at $0.85 per call.
1.14 NO 0+ CALLING/NO TRADITIONAL FAX SERVICE - Professional Security
Innovations Service does not support 0+ calling (collect, third party
billing, or calling card calls). Professional Security Innovations
does not support Traditional Fax Service at this time. Professional
Security Innovations instead offers Professional Security Innovations
IP FAX – an Internet faxing solution.
1.15 LNP (PORTING) - You may request that phone numbers be ported to
the Professional Security Innovations by submitting a completed LOA
(Letter of Agency) and a current bill copy (less than thirty days old)
from your current service provider. No port shall be accepted or
submitted without this information. Pricing for porting DIDs to
Professional Security Innovations is $30.00 Per Number. Standard
porting time is ten (10) to forty-five (45) days. You should specify
the desired port date in the appropriate section of the LOA.
Professional Security Innovations will attempt to honor this date and
will let you know the actual port date. Once the LOA and bill copy are
received by Professional Security Innovations shall initiate the port
request and shall obtain a FOC (Firm Order Commitment) date. You will
be provided with a FOC (Firm Order Commitment) date informing you when
numbers are scheduled to be ported to Professional Security
Innovations. The fees for cancelling or changing a port of a DID to
Professional Security Innovations are determined by how soon before or
after the FOC date a port is cancelled. Fees for cancelling a port are
as follows:
PORT CANCELLATION/CHANGE FEE – PER DID WITH CANCELLATION OCCURRING 48
HOURS OR MORE BEFORE SCHEDULED PORT FOC DATE
$30.00
PORT CANCELLATION/CHANGE FEE – PER DID WITH CANCELLATION OCCURRING 6
HOURS BEFORE OR AT ANYTIME AFTER SCHEDULED PORT FOC DATE
$175.00
PORT CANCELLATION/CHANGE FEE – PER DID WITH CANCELLATION OCCURRING
LESS THAN 6 HOURS BEFORE OR WITHIN 24 OR MORE HOURS AFTER THE
SCHEDULED PORT FOC DATE (AS IN A "SNAP-BACK")
$400.00
Professional Security Innovations shall assign the appropriate
cancellation fees (as displayed above) to your Professional Security
Innovations account for any port cancellation that you request.
Payment for cancellation fees occurring within a given month shall be
payable within ten (10) days of your receipt of the invoice displaying
the port cancellation fee(s).
2. EMERGENCY CALLING SERVICES- 911 DIALING
2.1 AVAILABILITY OF 911/EMERGENCY DIALING SERVICES
In compliance with the Federal Communications Commission (FCC) WC
Docket No. 05-196, Professional Security Innovations, Inc. hereby
advises all current retail Professional Security Innovations customers
that enhanced E911/911 calling services are available at this time,
but may not be available in all service areas and may/or may not
function the same as traditional 911 Services.
2.2 911 SERVICEABLE AREAS - Presently, Professional Security
Innovations offers E911/911 Services via underlying third party
providers. 911 Services are available only within the Continental
United States and Canada. Professional Security Innovations routes 911
calls originating in the United States via 10-digit routing to PSAPs
(Public Safety Answering Points) as well as via Selective Routers
(where available). Selective Routers automatically recognize where a
call is originating from based on the CLID (Caller ID) information and
deliver the call to the most appropriate local PSAP. Presently, most
911 calls are routed via Selective Routers to the 911 Trunks of the
PSAPS (where available). Services are not available in countries other
than the Continental U.S. and Canada.
2.3 REGISTERED LOCATION AND E911/User Management Portal and 911
UPDATES - Professional Security Innovations must have a 911 Registered
Location Address on file for your phone number(s) in order to provide
test or actual VOIP Services and/or 911 Emergency Calling Services to
you. At the time your account is provisioned, Professional Security
Innovations will register one (1) phone number in the 911 databases
for you. The Registered Location for your account is obtained from the
Registered Location information that you provided on the E911 Services
tab of the Services Quote Packet that you completed and supplied to
Professional Security Innovations for provisioning of test or actual
Services. The Registered Location Information is then tied to the E911
CID field (911 Caller ID) display of your registered phone number.
Please note that no 911 services are available for toll free phone
numbers. You will be informed which of your phone number is registered
and enabled for 911 Services in the Professional Security Innovations
E911 database.
IMPORTANT: You understand that E911 Calls are routed to PSAPS based on
the E911 CLID field associated with your phone number. If you change
the number that you use for 911 calling, your 911 Services may not be
available to you and/or may operate differently than normal. If you
change the phone number that you use for 911 calling, you must
register the new E911 CLID number and its associated address with
Professional Security Innovations in order to enable 911 capabilities
for the number. Failure to do so may result in 911 services not being
available to you when using an unregistered phone number. If the 911
call does not complete, it will be automatically routed to a National
Emergency Call Center and you will be asked to verify your number and
provide your physical location to the operator. There is a $150.00
charge for each 911 call placed from an unregistered phone number on
the Professional Security Innovations network. To register additional
numbers or to manage your 911 Registered Location, please contact
Professional Security Innovations at 1(888)-776-7321. NOTE: If the
information that you supply for your Registered Location is incorrect
or incomplete, Services may not be available to you. For help with
problems updating your E911/911 Registered Location Information please
contact Professional Security Innovations at 1(888)-776-7321 or
help@professionalsecurityinnovations.com. You may also use the
following methods to update your E911 CID and Registered Location
information:
Contact Professional Security Innovations Customer Service at
1(888)-776-7321 during normal business hours (MONDAY-FRIDAY 8:00am TO
6:00pm EST).
Email (help@professionalsecurityinnovations.com) during normal
business hours.
NOTE: CONTACTING Professional Security Innovations BY PHONE OR EMAIL
MAY RESULT IN A DELAY OF UP TO 72 HOURS OF YOUR E911 UPDATE
INFORMATION.
2.4 ROUTING OF E911/911 CALLS - E911/911Calls are routed based on the
E911CID field for your User within the Professional Security
Innovations User Management Portal (my.Professional Security
Innovationsworks.net). If you have subscribed to a standard
Professional Security Innovations Service Plan or IP Trunk Plan with a
phone number, the main phone number on your Professional Security
Innovations account will automatically be registered in the E911/911
database prior to release to you (unless you specify otherwise and/or
request additional numbers to be registered). If you change the number
that you use for 911 Calling purposes and fail to register the number
for 911 via the User Management Portal, your phone number(s) will not
be recognized when placing an E911/911 call, resulting in the call
failing or being sent to a National Emergency Call Center Operator,
who will require you to supply your current address information. Calls
from all non-registered numbers will result in a charge of $120.00 per
call.
2.5 PSAP LIMITATIONS AND THE HANDLING OF E911/911 CALLS -
Presently, Professional Security Innovations routes E911/911 calls
from Registered DIDs to Emergency Services Operators at the various
PSAPs (Public Safety Answering Points). You understand that
occasionally there may be instances where the limitations of the PSAPs
determine the level of E911/911 services that you receive. For
instance, E911/911 PSAP operators may or may not be able to access the
ALI Database in order to automatically retrieve information pertaining
to a registered DID, such as caller name and address, and so in such
instances, you may be required to verbally provide this information to
the PSAP operator at the time the call is placed. For this reason,
Professional Security Innovations can make no guarantees about the
consistency of the E911/911 services, with regard to PSAP operators
being able to automatically retrieve and view caller information.
2.6 INSTANCES WHERE E911/911 SERVICES MAY NOT BE AVAILABLE -
You understand that while the Professional Security
Innovations-provided VOIP service closely approximates traditional 911
services, there may be instances in which the E911/911 Services may
function differently from traditional 911 services, or may not be
available. Additionally, there may be circumstances in which the
E911/911 Services may be delayed or may not be available to you. Such
circumstances may include, but are in no way limited to the following:
Electrical Power Outage and/or Broadband Internet Service Provider
(ISP) outage or unavailability;
Suspension or Termination of Customer’s account(s) or VOIP service(s);
Relocation of Customer’s VOIP IAD(s) to an address other than the one
given at activation, without updating the E911 Registered Address
Location with Professional Security Innovations;
Unsuitable broadband internet connection such as satellite internet;
Malfunction, Failure, and/or Improper Configuration of Subscribers’
VOIP IAD(s) and/or using an
unapproved or unsupported VOIP or IAD(s);
Deficits or limitations of the PSAP, National Emergency Call Center,
Emergency Services Operators or Personnel systems and/or equipment;
Unforeseen congestion on the Professional Security Innovations VOIP
network or network design factors which delay or prohibit Services;
Incorrect Customer-supplied Registered Location Information;
Customer or User tampering with the VOIP IAD(s), producing changes
which prohibit utilization of the E911/911 services;
E911 location updates to the Professional Security Innovations
database will generally be available within forty-eight (48) hours or
less. However, Professional Security Innovations cannot guarantee that
this will
always be the case, especially if the E911/911 Registered Location
Address update provided by customer is lacking and/or incongruent with
the parameters of the Professional Security Innovations customer
portal/database and subsequently produces a rejection of the
Registered Location Address update;
Any other unspecified circumstances which affect the use of the
E911/911 services.
2.7 ALTERNATIVE 911 OR EMERGENCY DIALING ARRANGEMENTS - You
acknowledge that Professional Security Innovations does not offer
alternate primary line or lifeline services. It is strongly
recommended that you always have an alternative means of accessing
traditional 911 or Emergency Dialing Services.
3. ACCEPTANCE OF ELECTRONIC SIGNATURES & COMMUNICATION OF
OFFICIAL BUSINESS - When you visit Professional Security Innovations’s
websites or portals, send email or fax, or engage in IM (Instant
Messenger) conversations, you are communicating with Professional
Security Innovations electronically and understand that all such
communication between you and Professional Security Innovations shall
constitute official communication which is legally binding. You also
consent to receive communications from us electronically and/or by
traditional mail. You understand that all agreements, notices,
disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications
be in writing. By initialing this document, you acknowledge that you
have read and agree to the terms & conditions contained herein.
4. CHANGES TO THIS AGREEMENT
4.1 CHANGES OF THE TERMS AND CONDITIONS AGREEMENT AND CHANGES TO
PRICING - Professional Security Innovations may change the Terms and
Conditions of this Agreement and/or Pricing at any time. Changes to
the Agreement or Pricing will be considered effective as of the date
that notice of such change is conveyed to you via email or other
means. Changes are binding from the date sent from Professional
Security Innovations to you without further notice by Professional
Security Innovations.
5. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
5.1 BILLING - You must provide Professional Security Innovations with
a valid credit card number (Visa, MasterCard, Discover, American
Express) at the time the Service is activated. Any other payment
method must be approved by Professional Security Innovations.
Professional Security Innovations reserves the right to stop accepting
credit card payments at any time. If the credit card on file for you
expires, a credit card account is closed, billing address changes, or
the card is cancelled and replaced due to loss or theft, you must
immediately advise Professional Security Innovations. All Monthly
Recurring Charges, applicable taxes and surcharges, are billed monthly
in advance (except for overage charges, which are billed monthly in
arrears) to your credit card, along with Activation Fees, Monthly,
International Usage Charges, Advanced Feature Charges, Equipment
Purchases, Cancellation Fees and Shipping & Handling Charges.
Professional Security Innovations retains the right to change Pricing
Plans and/or bill at more frequent intervals if the Usage Amount (not
including the Monthly Recurring Charge) due to Professional Security
Innovations at any time exceeds $100.00. Any usage charges will be
billed in increments that are rounded up to the nearest minute except
as otherwise set forth in the rate schedules found on Professional
Security Innovations website.
5.2 BILLING DISPUTES - If you dispute any Professional Security
Innovations charges appearing on your statement, you must make
Professional Security Innovations aware of the dispute in writing
(email or otherwise) with fourteen (14) days after receiving your
Professional Security Innovations statement. If charges are not
disputed with fourteen (14) days, Professional Security Innovations
assumes that the charges are acceptable to you and valid. Billing
disputes should be notified to: Customer Care Billing Department,
Professional Security Innovations, 1116 Mississippi Drive, Waynesboro,
MS 39367 or email Help@professionalsecurityinnovations.com
5.3 PAYMENT - Professional Security Innovations accepts payments by
check, credit card, PayPal, or bank wire transfer. Your use of the
Service authorizes Professional Security Innovations to charge the
account or credit card number on file with Professional Security
Innovations, including any changed information given Professional
Security Innovations if the has card expires or is replaced, or if you
substitute a different card, for Professional Security Innovations
charges. This authorization will remain valid until 30 days after
Professional Security Innovations receives your written notice
terminating Professional Security Innovations’S authority to charge
your credit card, whereupon Professional Security Innovations will
charge you the disconnect fee and any other outstanding charges and
terminate the Service. Professional Security Innovations may terminate
your Service at any time in its sole discretion, if any charge to your
credit card on file with Professional Security Innovations is declined
or reversed, your credit card expires and you have not provided
Professional Security Innovations with a valid replacement credit
card, or in case of any other non-payment of account charges. There is
a $30.00 charge for checks returned for NSF (non-sufficient funds).
Termination of Service for declined or expired card, checks returned
for NSF, reversed charges, or non-payment leaves you FULLY LIABLE to
Professional Security Innovations for ALL CHARGES ACCRUED BEFORE
TERMINATION as well as any other fees pertaining to remaining
contractual obligations and for all costs incurred by Professional
Security Innovations in collecting such amounts, such as (but not
limited to) collection costs and attorney's fees..
5.4 PREPAID ACCOUNTS – Professional Security Innovations may offer or
require certain accounts to be prepaid. Service types subject to
prepayment may include, but may not be limited to: Calling Card, Call
Center, IVR, Customers Not Paying By Credit Card, or any other
application as determined by Professional Security Innovations.
Prepayment is normally based one (1) month’s estimated usage, plus a
setup fee. The prepayment shall be applied to your account and will be
drawn down against usage, monthly recurring or non-recurring fees. You
will be notified by Professional Security Innovations when the only
twenty percent (20%) of the prepayment amount remains on the account.
At that time, you will be asked to replenish the prepayment amount so
that Services may be continued. Failure to replenish the prepayment
amount with Professional Security Innovations before the prepayment
funds are depleted will result in cessation of Services. Services may
be continued when prepayment funds are received by Professional
Security Innovations.
5.5 TERMINATION/DISCONTINUATION OF SERVICE - Professional Security
Innovations reserves the right to suspend or discontinue the Service,
or to terminate your Service, at any time in its sole discretion. If
Professional Security Innovations discontinues providing the Service,
or terminates your Service in its discretion without a stated reason,
you will only be responsible for charges accrued through the date of
termination, including a pro-rated portion of the final months’
charges or the remaining Monthly Recurring Charges (MRCs) in your
agreed-to Service Term. If your Service is terminated for any stated
reason, or because of improper use of the Service or IAD, you will be
responsible for the full month's charges to the end of the current
term and any remaining MRCs in your agreed-to Contract Term, plus a
disconnection fee of $39.95 per SIP trunk, all of which immediately
become due and payable.
5.6 TAXES - You are responsible for, and shall pay, any applicable
federal, state, provincial, municipal, local or other governmental
sales, use, excise, value-added, personal property, public utility or
other taxes, fees or charges now in force or enacted in the future,
that arise from or as a result of your subscription or use or payment
for the Service or a IAD. Such amounts are in addition to payment for
the Service or IADs and will be billed to your credit card as set
forth in this Agreement. If you are exempt from payment of such taxes,
you shall provide Professional Security Innovations with an original
certificate that satisfies applicable legal requirement attesting to
tax-exempt status. Tax exemption will only apply from and after the
date Professional Security Innovations receives such certificate.
5.7 TERMINTAION OF SERVICES & DISCONNECTION FEES - If you terminate
Services prior to the end of your original Contract Term, you will be
responsible for the remaining Monthly Recurring Plan Charges for each
billable month left in your Contract Term, plus a cancellation fee of
$39.95 per IP trunk, a $5.00 cancellation fee per DID, plus any other
unbilled charges, all of which become immediately due and payable upon
termination or cancellation of Service/Contract. If you are on a
month-to-month Contract Term, you will be charged a disconnect fee of
$39.95 per SIP trunk upon disconnection or service termination. You
will not be subject to a disconnection fee if you fulfill your
agreed-to Contract Term. The disconnect fees become due and payable
immediately upon Service disconnection/termination and will billed
directly to your account and/or credit card.
5.8 PAYPHONE CHARGES - If you make use of Professional Security
Innovations Toll Free Services you acknowledge and agree that
Professional Security Innovations is entitled to recover from you any
charges imposed on Professional Security Innovations by payphone
owners or operators, either directly or indirectly through
Professional Security Innovations’s suppliers in connection with toll
free calls made to your number, or any charges imposed upon
Professional Security Innovations by its suppliers to recover such
costs. Professional Security Innovations may recover these amounts by
means of a per-call charge, rounded up to the next cent, or in such
other fashion, as Professional Security Innovations deems appropriate
for the recovery of these costs.
5.9 INTERNATIONAL & DOMESTIC RATES - Professional Security Innovations
makes every attempt to keep the domestic and international per minute
rates the consistent. From time to time, however, it may be necessary
to increase or decrease the rates due to changes in underlying
wholesale costs or legislation enactments that are not under the
control of Professional Security Innovations. In the event that there
must be change to Professional Security Innovations's domestic or
international rates, you will be notified in writing within
twenty-four (24) hours of such change. The rate change will become
effective immediately upon delivery of notice to you and will be
reflected on your Professional Security Innovations bill from the
delivery of notice date forward.
6.0 WARRANTY OF SERVICES, LIMITATION OF LIABILITY AND INDEMNIFICATION
6.1 AVAILABILITY OF SERVICES -Professional Security Innovations makes
no warranties or claims, nor guarantees regarding the reliability or
availability of the Services. Additionally, Professional Security
Innovations is not liable for any delay or failure to provide the
VOIP/E911/911 services including, at any time or from time to time, or
any interruption or degradation of voice quality that is caused by,
but in no way limited to, any of the following events:
1.) Act of an underlying carrier, service provider, vendor or other third party;
2.) Equipment, network or facility failure, upgrade, or modification;
3.) Events such as (but not limited to) natural disasters, acts of
god, power outages; strikes; fire; war; riot; government actions;
4.) Equipment, network or facility shortage or relocation;
5.) Service, equipment, network or facility failure caused by loss of power;
8) Outage of Customer’s ISP or broadband service provider;
9) Act of Customer or any person using the Service or IAD provided to
Customer; or
10) Any other cause that is beyond Professional Security Innovations'
direct control, including without limitation a failure of or defect of
IAD, failure of a communication, the inability of communications
(including without limitation 411, E911/911, or Fax dialing) to be
completed, or degradation of voice quality. Professional Security
Innovations's liability for (i) any failure or mistake; (ii) any claim
with respect to Professional Security Innovations’ performance or
nonperformance hereunder or (iii) any Professional Security
Innovations act or omission in connection with the subject matter
hereof shall in no event exceed Service charges with respect to the
affected time period.
6.2 DISCLAIMER OF DAMAGES - IN no event shall Professional Security
Innovations's officers, affiliates, directors, employees, affiliates,
or agents or any other service providers who furnishes underlying
services in connection with the delivery of Professional Security
Innovations Services be liable for any direct, indirect, incidental,
special, punitive, exemplary, or consequential damages, or for any
other damages, including, but not limited to loss of life, profit,
revenue, data, or any other damages associated with the use or
inability to use the Service, including inability to dial fax, )+,
411, 911 or access other emergency service personnel through the
Service. The limitations set forth herein apply to claims founded in
breach of contract, breach of warranty, product liability, tort and
any and all other theories of liability and apply whether or not
Professional Security Innovations was informed likelihood of any
particular type of damages.
6.3 INDEMNIFICATION AND LIMITATION OF LIABILITY - By agreeing to these
Terms and Conditions, you agree to indemnify, defend, and hold
harmless Professional Security Innovations, its directors, officers,
employees, affiliates, agents, partners, technicians, and/or
underlying service or database providers, from any and all direct,
indirect, consequential, or special losses, damages or claims of any
kind (including, but not limited to, attorney fees, third party
claims, loss of life, loss of business or profits, loss of customers,
and/or damage to reputation or goodwill) sustained by you, household
family members, colleagues, coworkers, employees, partners and/or
affiliates, and end, circumstantial, or third party users of the
Service, due to or resulting from any failure in or breakdown of the
Service, facilities, or systems associated with providing the Service,
or for any delay, interruption or degradation of the Services
whatsoever shall be the cause or duration thereof, or for any other
cause or claim arising under the Term of Service.
6.4 NO WARRANTIES ON SERVICE - Professional Security Innovations makes
no warranties (express or implied and without limitation), any implied
warranties of merchantability, fitness of the Services for a
particular purpose, title or non-infringement or any warranty arising
by usage or trade, course, or dealing or course of performance or any
warranty that the Services will meet your expectations or
requirements. Without limiting the foregoing, Professional Security
Innovations does not warrant that the Service will be without failure,
delay, interruption, error, and degradation of voice quality or loss
of content, data or information. Neither Professional Security
Innovations nor its officers, directors, employees, affiliates, agents
or any other service provider or vendor who furnishes services or
products which are used to deliver the Services, will be liable for
unauthorized access to Professional Security Innovations or Customer's
or Vendor's transmission facilities or premise equipment for
unauthorized access to or alternation, theft, or destruction of your
data files, information, programs, procedures, software or hardware
through accident, fraudulent means or IADs or any other method,
regardless or whether such damage occurs as a result of Professional
Security Innovations's or its underlying service providers or vendors
negligence. Statements and descriptions concerning the Service or IAD,
if any, by Professional Security Innovations or Professional Security
Innovations's employees, agents, installers or technicians are
informational and are not given as warranty.
6.5 NO WARRANTIES, OR LIMITED WARRANTIES, FOR IADS (IADS) - If you
received a new IAD from Professional Security Innovations and it
included a limited manufacturer's warranty at the time of receipt, you
should refer to the warranty documentation provided with the IAD for
information on the rights, disclaimers, and limitations afforded to
you as a purchaser of the IAD. If your IAD did not include a limited
warranty at the time of receipt, you accept the IAD "as is" and
understand that you are not entitled to a replacement or refund in the
event of any defect or failure. Professional Security Innovations
makes no warranties (express or implied) of any kind for the IAD other
than the warranties expressly set forth in the documentation provided
with the IAD. Professional Security Innovations specifically disclaims
any warranty of merchantability, fitness of the IAD for a particular
purpose, title or non-infringement, or any warranty arising by usage
or trade, course of dealing, or course of performance or any warranty
that the IAD or any hardware or software is "error free" or will meet
your expectations or requirements. The foregoing will not be deemed to
limit any disclaimer or limitation of warranty set forth in the
documentation provided with the IAD.
6.6 CONTENT - You are responsible for any liability arising out of the
content transmitted by or to you or your user* when using the
Services. You must assure that your or your user's use of the Services
will at all times comply with all applicable laws, regulations and
written and electronic instructions for use. Professional Security
Innovations reserves the right to terminate or suspend affected
Services, and/or remove your content from the Services, if
Professional Security Innovations determines that such use or content
does not conform with the requirements set forth in this Agreement or
interferes with Professional Security Innovations's ability to provide
Services to you or others, or receives notice that your use or content
may violate any laws or regulations. Professional Security
Innovations's actions or inaction under this Section shall not
constitute review or approval of your use of the Services or your
content. You agree to indemnify and hold Professional Security
Innovations harmless against any and all liability arising from the
content transmitted by or to you or your user while using the
Services. * A "USER" MEANS ANY PERSON, WHETHER AUTHORIZED OR
UNAUTHORIZED, USING THE SERVICE AND/OR IAD PROVIDED TO THE
Professional Security Innovations CUSTOMER.
7. GOVERNING LAW / RESOLUTION OF DISPUTES/ASSIGNMENT
7.1 WAIVER OF TRIAL BY JURY - Both Parties hereby knowingly,
irrevocably, and voluntarily and intentionally waive any rights to a
trial by jury in respect of any action proceeding, or counterclaim
based on this Agreement or the Professional Security Innovations
Service(s), or any course of conduct, course of dealing, statements,
(verbal or written) or action of any Party hereto. This provision is a
material inducement for Professional Security Innovations and the
Customer entering into the subject transaction. You understand that
this section 7.1. constitutes a waiver of any right to a trial by
jury.
7.2 GOVERNING LAW - The Agreement and the relationship between you and
Professional Security Innovations shall be governed by the laws of the
State of Mississippi, with venue in Wayne County, Mississippi without
regard to conflict of law provisions. If court action is initiated to
enforce an arbitration award or for any other reason, you and
Professional Security Innovations agree to submit to the personal and
exclusive jurisdiction of the courts located within the State of
Mississippi, with venue in Wayne County, Mississippi and hereby waive
any objection as to venue. Professional Security Innovations’s failure
to exercise any right or provision of the Agreement shall not
constitute a waiver of such right or provision. If any provision of
the Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Agreement remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Service or the Agreement must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
7.3 ENTIRE AGREEMENT - This Agreement, any Rate Schedule and
applicable Services Quote paperwork signed by the Parties constitutes
the entire agreement between the Parties and governs your use of the
Service and/or IAD. This entire agreement supersedes any prior
agreements between the Parties and any and all prior or
contemporaneous statements, understandings, writings, commitments, or
representations concerning its subject matter. No amendment to this
Agreement shall be binding upon Professional Security Innovations
unless and until posted in accordance with Section 3 hereof.
7.4 SEVERABILITY - If any part of this Agreement is ever legally
declared invalid, all other parts of this Agreement are still valid
and enforceable. Such invalidity or non- enforceability will not
invalidate or render unenforceable any other portion of this
Agreement.
7.5 ASSIGNMENT - This Agreement is personal to the Parties and may not
be assigned or transferred by either Party without the prior written
consent of the other Party which consent shall not be unreasonably
withheld; except that Professional Security Innovations may assign
this Agreement without consent to any affiliated entity or to any
successor in interest whether by merger, reorganization or transfer of
all or substantially all of its assets or otherwise. Except as
provided herein, any assignment in contravention of the above shall be
void and ineffective.
8. PRIVACY - Professional Security Innovations Service utilizes the
public Internet and various third party networks to transmit voice
communications. Professional Security Innovations is not liable for
any invasion of privacy experienced by Customer with regard to the
Service.
9. ACCEPTANCE OF DIGITAL SIGNATURES - BY SIGNING THE Professional
Security Innovations SERVICES QUOTE, I ACKNOWLEDGE THAT I HAVE READ
AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS &
CONDITIONS DOCUMENT. I UNDERSTAND THAT MY DIGITAL OR WRITTEN SIGNATURE
ON THE Professional Security Innovations SERVICES QUOTE SERVES AS MY
ACCEPTANCE OF THE Professional Security Innovations TERMS AND
CONDITIONS AS OUTLINED IN THIS DOCUMENT.