END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between End User and QuikVoip by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY DISCONNECTION FEE; and (3) LIMITING QuikVoip’s LIABILITY UNDER THE AGREEMENT If you visit or shop at our website or any other affiliated websites such as MiamiGoPhone.com, you affirmatively accept the following conditions. Continued use of the site constitutes the affirmative agreement to these terms and conditions.
QuikVoip reserves the right to change the terms, conditions and notices under which the QuikVoip sites and services are offered, including but not limited to the charges associated with the use of the QuikVoip sites and services. No waiver or amendment to these terms and conditions shall be binding on QuikVoip unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of QuikVoip.
1.1. All content on this site, such as text, graphics, logos, button icons, images, data compilations and software, is the property of QuikVoip and/or its partners and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of QuikVoip and/or its partners is protected by international copyright laws. All software used on this site is the property of QuikVoip and is protected by international copyright laws.
2.1. When you visit QuikVoip’s websites or send Email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by Email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.1. QuikVoip shall not be held liable for any delay or failure to provide service(s) at any time. In no event shall QuikVoip, its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers who furnishes services to customer in connection with this agreement or the service be liable for any direct, incident, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, lost of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. The limitations set forth herein apply to the claimed founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any and all other liability and apply whether or not QuikVoip was informed of the likely hood of any particular type of damage.
3.2. QuikVoip makes no warranties of any kind, written or implied, to the service in which it provides.
3.3. QuikVoip provides postpaid services. You must keep a positive balance to retain services with QuikVoip. You must pay all negative balances immediately. Customer agrees to keep a positive balance in customer’s account at all times and agrees to pay the rate in which the customer signed up for to US48 destinations. Customer agrees to pay any and all charges that customer incurs while using QuikVoip’s service.
3.4. QuikVoip services are not intended for use as a primary telephone source for business or residential users.
3.5. TRIAL PERIOD. QuikVoip offers a thirty (30) day trial period (“Trial Period”) to new End Users for their first QuikVoip account. The Trial Period commences upon the purchase of Services by End User on the QuikVoip web site or POS signature. If End User is not satisfied with the Services during the Trial Period, End User may obtain a refund of the equipment and activation fee. Applicable taxes will be refunded to the extent allowed by law. Shipping charges will not be refunded. To obtain a refund, End User must: a) Notify QuikVoip within thirty (30) days of purchase of the Services on the web site and obtain a return material authorization number from QuikVoip for the Equipment and b) Return the Equipment to QuikVoip within seven (7) days of cancellation of the Services in its original, unaltered condition with all packaging intact. Disconnection fees shall not apply if End User cancels service during the Trial Period. Retail customers will be required to return equipment within the first thirty (30) days (or such shorter period as set forth in the Retail outlet’s return policy) to the place of purchase to receive any refund.
3.6. QuikVoip does not allow calls originating from Payphones to toll free numbers on its network.
3.7. Any call placed to Directory Assistance (411) including Toll Free numbers (1-800-555-1212) will incur a $0.99 per call charge as the call will be routed to our national Directory Assistance call center.
3.8. At QuikVoip’s sole discretion, you may incur a $5.00 number transfer fee for any DID number(s) leaving QuikVoip’s network.
3.9. All calls placed through QuikVoip’s to network to US48/CA destinations are billed at 6 second increments unless otherwise stated.
3.10. Use of QuikVoip’s services for telemarketing, broadcast faxing, delivery of unauthorized or unsolicited advertising, promotional materials or solicitations is strictly prohibited. Failure to abide by these terms will result in immediate account termination and any possible associated fines.
3.11. Customer agrees to the exclusive jurisdiction of the courts of Miami-Dade County in the state of Florida in the United States of America for any and all legal matters.
3.12. Violation of any state or federal laws or laws for any other competent jurisdiction may result in immediate account termination and/or disconnection of the offending service.
3.13. QuikVoip reserves the right to terminate service at any time with or without notice; especially if Customer is found to be in violation of QuikVoip’s Terms & Conditions. You agree that QuikVoip shall not be liable to you or to any third party for any modification, suspension or discontinuance of service.
3.14. Due to the nature of this industry and high credit card fraud rate, QuikVoip reserves the right to request the following documentation for verification purposes; A copy of the credit card used to establish the account along with valid photo identification such as a Passport, Drivers License or other Government issued identification.
3.15. Upon purchase of the Service, End User must provide QuikVoip with a valid credit card number from an issuer that is accepted by QuikVoip. End User authorizes QuikVoip to charge the credit card number provided by End User (“Credit Card”) for all charges arising from End User’s use of the Services. End User agrees to notify QuikVoip of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. QuikVoip shall not be responsible for any charges made by the Credit Card issuer to End User’s Credit Card account for exceeding credit limit, insufficient funds or other reasons. End User’s credit card will not be billed until product has shipped. Estimated ship dates are approximate and are not guaranteed. End User may cancel any order due to shipping delays without charge.
3.16. All Services provided to End User and covered by the Agreement shall at all times be subject to credit approval or review by QuikVoip. End User will provide such credit information or assurance as is requested by QuikVoip at any time. QuikVoip, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.
4.1. QuikVoip services are not intended for the novice user. QuikVoip does not offer technical assistance for third party devices unless otherwise stated in some kind of Service agreement with QuikVoip. This includes PBX Servers/Switches, IP Phones and ATA Adapters.
5.1.. We do not offer refunds for monthly subscriptions such as Local DID’s or Toll Free numbers. There will be no refunds for one-time/setup fees. (custom toll free numbers)
6.1. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
7.1. Please send reports of activity in violation of these Terms & Conditions to email@example.com. QuikVoip will reasonably investigate incidents involving such violations. QuikVoip may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may involve criminal and civil liability.
End user Acknowledges that the services will not function in the absence of Electrical Power
End user acknowledges that the services will not function if there is an interruption of end users broadband or high-speed internet access service.
End user acknowledges that QuikVoip services are not setup to function without dialing systems including Home Security System, Medical Monitoring Equipment, TTY Equipment, and entertainment or Satellite Television Systems, End user has no Claim against QuikVoip for interruption or disruption of such System by services
QUIKVOIP E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND FAX AND VOICE SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, TOLL-FREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. E911 SERVICE IS ONLY AVAILABLE IN SELECTED AREAS. END USERS WHO SUBSCRIBE TO QUIKVOIP E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT (DTA OR VIDEOPHONE) WITH QUIKVOIP, EITHER ON THE QUIKVOIP.COM WEBSITE OR BY CALLING CUSTOMER SERVICE, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE CHANGES. END USER ACKNOWLEDGES THAT QuikVoip’s ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. END USER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY QUIKVOIP WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED TO QUIKVOIP BY END USER. IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT BEEN UPDATED OR IS NOT COMPLETE, QUIKVOIP MAY ATTEMPT TO ROUTE A 911 CALL BASED UPON THE BILL-TO OR SHIP-TO ADDRESSES ASSOCIATED WITH THE END USER’S ACCOUNT OR INITIAL ORDER
Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. QuikVoip will do everything within their power to prevent service outages within it’s network.
In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call. Failure to set the correct caller ID value will result in a non-refundable $150.00 surcharge per 911 call.
By using QuikVoip’s Enhanced 911 service, Customer agrees that QuikVoip, it’s contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with QuikVoip is not held liable for emergency calls failing, even if it is determined that it is the fault of QuikVoip or it’s associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the QuikVoip911 service of our limitations and make Customers agree to not hold QuikVoip or Customer liable.
Customer will be charged a regulatory recovery fee of $1.99 per month for each DID submitted to the E911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $150.00 surcharge per 911 call. This bill can be revoked at QuikVoip’s discretion.
Be advised that other users of the Services (“Users”) may violate one or more of the above prohibitions, but QuikVoip assumes no responsibility or liability for such violation. If End User becomes aware of misuse of the Services by any person, please contact QuikVoip Customer Support at 786-369-5300. QuikVoip may investigate any complaints and violations that come to its’ attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. However, because situations and interpretations vary, QuikVoip also reserves the right not to take any action. Under no circumstances will QuikVoip be liable in any way for any data or other content available on a Site or viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Site. If at any time End User are not happy with a Site or the Services or object to any material on a Site, End User sole remedy is to cease using the Site or the Services. QuikVoip does not endorse and has no control over what Users post or submit to a Site. End User acknowledges that QuikVoip cannot guarantee the accuracy of any information submitted by any User of a Site, nor any identity information about any User. QuikVoip reserves the right, in its sole discretion, to reject, posting or other data, or to restrict, suspend, or terminate any User’s access to all or any part of a Site or Services at any time, for any or no reason, with or without prior notice, and without liability. QuikVoip reserves the right to investigate and take appropriate action against anyone who, in QuikVoip’s sole discretion, is suspected of violating this provision, including without limitation, reporting End User or any User to law enforcement authorities.
Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted to the Web Site (“Change Date”), and no additional notice will be required. If End User does not send QuikVoip notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
End User agrees to provide QuikVoip with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to QuikVoip. In accordance with section 5, Disconnection Fees may apply. QuikVoip reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User’s breach of this Agreement, End User’s failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, QuikVoip, QuikVoip’s network or other End User’s use of the Services. QuikVoip reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that QuikVoip’s determination is final and binding on End User. QuikVoip may require an activation fee to change or resume a terminated or suspended account.
QuikVoip utilizes the public Internet and third party networks to provide fax, voice and video communication services. Accordingly, QuikVoip cannot guarantee the security of fax, voice and video communications of End User. QuikVoip is committed to respecting an End User’s privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User’s relationship with QuikVoip. QuikVoip will not sell, rent, or lease End Users’ personally identifiable information to others. Unless required by law or subpoena or if End User’s prior permission is obtained, QuikVoip will only share the personal data End User provides with other QuikVoip entities and/or business partners that are acting on QuikVoip’s behalf to complete the activities described herein. Such QuikVoip entities and/or national or international business partners are governed by QuikVoip’s privacy policies with respect to the use of this data. QuikVoip is required to file numerous reports with different administrative bodies. As such, QuikVoip may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, QuikVoip reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either QuikVoip or any company affiliated with QuikVoip. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, QuikVoip may disclose personally identifiable information.
No Equipment may be returned by End User for any reason without prior approval of QuikVoip. All returns shall be in original packaging or equivalent. End User shall be responsible for all costs related to shipping to QuikVoip any Equipment that is being returned. Any Equipment returned to QuikVoip without prior authorization for its return or proper packaging may be refused.