These Terms of Service constitute the agreement ("Agreement") between Goldschmidt Enterprises, Inc. DBA LuGoSoft.com ("we," "us" or "LuGoSoft") and the user ("you," "user" or "Customer") of LuGoSoft VoIP communications services. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. 911 EMERGENCY SERVICES
All services with the ability to make or receive voice calls using a hardware device (analog adapter or phone) or a softphone are required to subscribe to E911 services, as mandated by the FCC, and will be assessed a monthly $1.00 E911 service recovery fee per service.
You may waive this requirement at your own risk by signing an E911 Waiver Form, available upon request.
In such case, you must inform all users of the service that E911 service is not available.
Accounts with an non-US address on file are automatically exempt from this requirement.
VirtualFax and CallingCard services are excluded as they do not provide access to E911.
VoIP 911 service is different from traditional wireline 911 and cellular/wireless 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located, and the device used, when using your service.
When you dial 911 using our Enhanced 911 (E911) service, your phone number and registered address is sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911, when you dial 911, local emergency operators answering the call may not see your telephone number or your registered address. The emergency center may not be equipped to receive, capture or retain your telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. Once local emergency centers are capable of receiving our customers' information, we automatically upgrade customers with basic 911 to E911 service.
We require you to provide the physical address where you will be using our service for 911 purposes. For E911 and basic 911, this address is used to route 911 calls to your local emergency center. When you initially provide your physical address, it can take up to 180 minutes to verify your address and activate 911 service at this address.
If you move this device to another location, you must update your address. You may register only one location at time. If you do not update your location, your 911 calls may be sent to an emergency center near your old address. When you update your location, it can take several hours to activate 911 service at the updated address.
Please note that our 911 Dialing service will not function in the event of a broadband or power outage or if your broadband, Internet Service Provider (ISP), or VoIP phone service is terminated.
Service is offered on a monthly basis for a term that begins on the date that we activate your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least seven (7) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
LuGoSoft operates strictly on the "bring your own device" (BYOD) basis and does not furnish you with a VoIP device such as an analog telephone adapter (ATA) or SIP phone. The service shall be compatible with most SIP devices, although the capability cannot be guaranteed. It is your responsibility to provide a compatible SIP device and troubleshoot any problems specific to the chosen device. You may use any hardware or software client, including Asterisk PBX and other PBX software. Only one device may be active at a given time per account, unless you make special arrangement with us in writing. The IAX protocol is available upon request on the first come, first served basis. By default the G711/ulaw codec is preferred for all calls, however, G726-32, G711u, G711a and GSM are supported and can be selected on per-call basis. Certain services such as calling card, IVR / virtual voice mail and call forwarding do not require any devices or special hardware.
Unmetered Residential Use
If you subscribe to an unmetered residential service plan, the Service is provided to you solely for residential use. You shall not resell or transfer the Service to another party without our prior written consent. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service at any time was inconsistent with normal residential usage patterns.
If you subscribe to a metered service plan, the Service is provided to you as a small business user. You will be billed for your actual usage for all incoming and outgoing calls. A detailed call detail records (CDR) will be provided to you with your monthly invoice. Your account may be subject to monthly maintenance fee should your usage fall below your monthly minimum, if any. Your account may be subject to a concurrent call limit as determined by us. You are entitled to resale the service but you shall not transfer the service to another party without our prior written consent.
You are responsible for supplying, operating and supporting the standard SIP based Customer Premise Equipment for use with the Service. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the service was inconsistent with normal business usage patterns.
(a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, LuGoSoft will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, LuGoSoft will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others
Use of Service and Device by Customers Outside the United States
Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States or Canada.
Tampering with the Service
You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
Theft of Service
You shall notify us immediately, in writing or by calling our customer support line, if you have reasons to believe that your account has been compromised or that at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.
No 0+ or Operator Assisted Calling; May Not Support x11 Calling
The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 411, 511 and/or other x11 services in one or more (or all) service areas.
No Directory Listing
The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
Incompatibility With Other Services
(a) Home Security Systems. The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem Services. You acknowledge that the Service presently is not compatible with prior versions of the AOL broadband service and there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
3. SERVICE OUTAGES
Although we strive to provide excellent and uninterrupted service, many factors beyond our control can affect service quality.
You acknowledge that VoIP uses the public Internet to route calls between you and our servers, as well as between our servers and the remote party.
The Internet is a best effort network with no guarantees, and as such we cannot provide a service uptime or voice quality guarantee.
Service is provided on a best effort basis.
For outages longer than 1 hour, you are entitled to a prorated refund for the entire duration of the outage.
For each hour of downtime we will credit you 5% of the total invoice amount for the current billing cycle, not exceeding the total invoice amount.
Outages due to connectivity problems at the customer's end are not grounds for a credit or refund.
The quality of the VoIP Service depends and the quality of the Internet connection.
Fluctuations in your own broadband service or congestion that may affect the route between your equipment and ours may result to a reduced quality of service are not subject to a refund.
Outages on Customer's end not covered by our Service Level Agreement include:
(a) Power Failure or Disruption. The service does not function in the event of a power failure or disruption at customer premises until power is restored.
4. CHARGES; PAYMENTS; TAXES; TERMINATION
(b) Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service from functioning.
(c) Suspension or Termination of VoIP Account. Service outages due to suspension or termination of your account will prevent all Service from functioning.
(d) ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that LuGoSoft.com is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
All rates are subject to change. The customer shall receive a minimum of 7 calendar days notice before new domestic or international termnation rates become effective. Monthly recurring charges shall take effect at the beginning of the next billing cycle.
Upon service activation, you must provide us with a valid email address and billing address. We bill all recurring charges, usage charges, applicable taxes and surcharges monthly. Any usage charges will be billed in increments that are rounded up to the 6 seconds for US destinations, and 30 seconds for international destinations, except as otherwise set forth in the rate schedule found on our website. Your charges become due on your billing day of every month; you will receive your monthly invoice including a breakdown of all charges and your call detail records by email. Your outstanding balance is payable within 21 days from the invoice date. If for any month your amount due falls below $10.00 you will be required to pay the minimum amount of $10.00. This is not a minimum usage fee; the remainder of your payment will be applied towards your future charges. Delinquent accounts are subject to a delinquent fee of 5% of the balance due or $5.00, whichever is more.
You may operate your account on pre-paid basis, meaning you may prepay an amount of your choice. The prepaid balance will be tracked for you and applied to your monthly invoice. When your pre-paid balance is used up, your account will continue to function. On your billing day, all outstanding balance becomes immediately due as for post-paid accounts.
You must notify us in writing within seven days after receiving your invoice if you dispute any charges on that invoice or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent by email to: email@example.com.
We accept payment by credit card (Visa, Master Card, American Express), check or money order. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
Some services have a one-time, non-refundable setup charge. In addition you may be required to deposit funds to establish credibility with our company. All deposited funds are fully usable for service payment and will be applied to your invoice(s). We reserve the right to refuse service to anyone. Special DID orders, number ports (LNP and toll-free) are subject to installation charge; please refer to our current rate schedule available upon request.
There is no termination charge, however, you upon termination your outstanding balance becomes immediately due in its entirety. You are entitled to a refund of your unused balance you may have pre-paid.
You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
Money Back Guarantee
There is no money back guarantee for any used portion of your funds (usage charges or monthly service fees). You are entitled to a refund of your unused portion of pre-paid funds upon termination of service.
For toll free numbers, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a $0.75 per-call charge, or in such other fashion as we deem appropriate for the recovery of these costs.
Charges for Directory Calls (411)
We will charge you $1.00 for each call made to directory assistance.
5. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
Limitation of Liability
We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- an act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to you;
- outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
- any act or omission by you or any person using the Service or Device provided to you; or
- any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
Disclaimer of Liability for Damages
IN NO EVENT WILL LUGOSOFT , ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
Indemnification and Survival
(a) Indemnification. You shall defend, indemnify, and hold harmless LuGoSoft , its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
No Warranties on Service
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER LUGOSOFT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF LUGOSOFT'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY LUGOSOFT OR LUGOSOFT'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
No Waiver of Rights
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and LuGoSoft and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and LuGoSoft and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
6. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on http://voip.lugosoft.com/tos. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.
LuGoSoft utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. LuGoSoft is not liable for any lack of privacy which may be experienced with regard to transmission of voice data.
Your account details including your email address, billing address or billing information are transferred using the industry-standard SSL encryption and will not be shared with any third party.
Last Updated: June 24, 2010. Copyright 2005-2011.