WESTVOX SOLUTIONS TERMS AND CONDITIONS
These Terms of Service constitute the agreement (“Agreement”) between Social Pier LLC, DBA “WestVox Solutions” (“Carrier”, “we,” “us” or “WestVox Solutions”) and the End User (“You”, “Your” or “Customer”) of WestVox Solutions’ Business Cloud Services (“Service”, “Services”). Customer and WestVox Solutions may be collectively referred to herein as the “Parties”, and individually as “Party”. This Agreement governs the Service as well as use of WestVox Solutions supplied hardware, and any other network appliance or device used in conjunction with the Service. By accepting the WestVox Solutions Services Quote to activate WestVox Solutions 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 WestVox Solutions Services Quote that you signed. You will be placed on a Billing Cycle for the selected Contract Term. For Standard Billing Cycles, the 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 WestVox Solutions based on Contract Term/billing cycle with WestVox Solutions. The Account Activation Date is the date that your account is set up on WestVox Solutions. 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 WestVox Solutions.
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 WestVox Solutions and appears on the General Information Form of the WestVox Solutions Services Quote. WestVox Solutions 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 WestVox Solutions. 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 IAD IADS(S); PROHIBITION OF RESALE
If you have subscribed to WestVox Solutions 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 WestVox Solutions. You understand that subscribing to WestVox Solutions 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 WestVox Solutions to use the Services in such a way. WestVox Solutions offers Metered Services, which may be used for a variety of high volume applications. If you have subscribed to WestVox Solutions 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. WestVox Solutions reserves the right to immediately modify and/or terminate the Services and/or Pricing, if WestVox Solutions 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 WESTVOX SOLUTIONS 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 WestVox Solutions’ 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. WestVox Solutions reserves the right to terminate your Service immediately and without advance notice if WestVox Solutions, 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 WestVox Solutions against any and all liability for any such use. If WestVox Solutions, in its sole discretion believes that you have violated the above restrictions, WestVox Solutions may forward the objectionable material, as well as your WestVox Solutions 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 WestVox Solutions-issued IAD is stolen, or you become aware that your WestVox Solutions 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 WestVox Solutions immediately by calling the WestVox Solutions Customer Support Line (866-4WESTVOX) or emailing info@westvox.com. When you contact WestVox Solutions to report the problem, provide your WestVox Solutions account number and a description of the alleged theft or fraudulent use of Services. Until WestVox Solutions receives notification of the theft or fraudulent use, unauthorized traffic and usage charges will continue to accumulate and will be automatically charged to your WestVox Solutions 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, WestVox Solutions 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 WestVox Solutions account. Failure to contact WestVox Solutions 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
WestVox Solutions 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 WestVox Solutions 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 WestVox Solutions against any and all liability for such violation. WestVox Solutions 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 WestVox Solutions 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 WestVox Solutions. In the event of a power or service outage, or unavailability of service from your Internet service provider (“ISP”), WestVox Solutions 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 WestVox Solutions 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 WestVox Solutions may terminate the Service in accordance with this Agreement. If your account was suspended by WestVox Solutions 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 WestVox Solutions.
1.7 COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF SOFTWARE, HARDWARE, OR IAD(S)
The WestVox Solutions Service(s), any WestVox Solutions-issued hardware or software used to deliver the Service to you, plus all Services, information, documents and materials on WestVox Solutions’ 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 WestVox Solutions are the exclusive property of WestVox Solutions 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 WestVox Solutions-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 WestVox Solutions 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 WestVox Solutions, 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 WestVox Solutions against any and all liabilities due to your use of such IAD with WestVox Solutions Service.
1.8 TAMPERING WITH SERVICE(S) OR WESTVOX SOLUTIONS ISSUED IAD(S)
If WestVox Solutions 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. WestVox Solutions 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
WestVox Solutions 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 WestVox Solutions 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 WestVox Solutions. Any hardware IAD that you purchased from WestVox Solutions may be returned provided that the return package is received by WestVox Solutions within ten (10) days of the end of the Trial Period. If you wish to return any hardware, you must first call the WestVox Solutions 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, WestVox Solutions 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 WestVox Solutions 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 WestVox Solutions’ Customer Care Department immediately. To obtain a return authorization number, you must contact info@westvox.com or (888) 720-2255.
1.10 NUMBER RELEASE ON SERVICE TERMINATION
Upon termination of Service, WestVox Solutions may release a telephone number that you ported to WestVox Solutions 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 WestVox Solutions 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, WestVox Solutions 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 WestVox Solutions. 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 WestVox Solutions until the time it is cancelled by you.
1.13 411 SERVICES
WestVox Solutions 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
WestVox Solutions Service does not support 0+ calling (collect, third party billing, or calling card calls). WestVox Solutions does not support Traditional Fax Service at this time. WestVox Solutions instead offers WestVox IP FAX – an Internet faxing solution.
1.15 LNP (PORTING)
You may request that phone numbers be ported to WestVox Solutions 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 WestVox Solutions 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. WestVox Solutions will attempt to honor this date and will let you know the actual port date.
Once the LOA and bill copy are received, WestVox Solutions shall initiate the port request and shall obtain a FOC (Firm Order Commitment) date. You will be provided with a FOC date informing you when numbers are scheduled to be ported to WestVox Solutions. The fees for cancelling or changing a port of a DID to WestVox Solutions are:
48 HOURS OR MORE BEFORE FOC DATE: $30.00 per DID
6 HOURS BEFORE OR ANYTIME AFTER FOC DATE: $175.00 per DID
LESS THAN 6 HOURS BEFORE OR WITHIN 24+ HOURS AFTER FOC DATE (“SNAP-BACK”): $400.00 per DID
Fees will be charged to your WestVox Solutions account and are payable within ten (10) days of receipt of the invoice.
2. EMERGENCY CALLING SERVICES – 911 DIALING
2.1 AVAILABILITY OF 911/EMERGENCY DIALING SERVICES
In compliance with FCC WC Docket No. 05-196, WestVox Solutions hereby advises all current retail 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
WestVox Solutions offers E911/911 Services via third-party providers within the Continental U.S. and Canada. Calls are routed via 10-digit routing to PSAPs (Public Safety Answering Points) and, where available, via Selective Routers based on CLID (Caller ID) data.
2.3 REGISTERED LOCATION & 911 MANAGEMENT
WestVox Solutions must have a 911 Registered Location Address on file for your phone number(s) to provide services. One (1) phone number is registered upon provisioning based on the Registered Location information you provide. Toll-free numbers are not eligible for 911 services.
If you change the number used for 911 calling, you must update and register the new E911 CLID number and its associated address. Failure to do so may result in routing failure or redirection to the National Emergency Call Center. A $150.00 charge applies to each 911 call from an unregistered number.
To register or update your E911 CID and location:
Phone: (888) 720-2255 during business hours (Mon-Fri 8:00am–6:00pm EST)
Email: info@westvox.com
Note: Updates via phone or email may take up to 72 hours to process.
2.4 ROUTING OF E911/911 CALLS
Calls are routed based on the E911 CID within your WestVox Solutions User Management Portal (my.westvoxworks.net). If you subscribe to a WestVox Solutions plan, your main number is registered unless you request otherwise. Non-registered numbers used for 911 incur a $120.00 per-call charge.
2.5 PSAP LIMITATIONS
WestVox Solutions routes calls to Emergency Services Operators at PSAPs. PSAP limitations may prevent automatic retrieval of name/address from the ALI Database, requiring you to verbally confirm this information. As such, WestVox Solutions cannot guarantee PSAPs will consistently retrieve or display caller information.
2.6 INSTANCES WHERE E911/911 SERVICES MAY NOT BE AVAILABLE
You understand that while the WestVox Solutions-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 not limited to:
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 WestVox Solutions;
Unsuitable broadband internet connection such as satellite internet; malfunction, failure, and/or improper configuration of subscriber’s VOIP IAD(s); 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 WestVox Solutions 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 WestVox Solutions database will generally be available within forty-eight (48) hours or less. However, WestVox Solutions cannot guarantee this, especially if the update provided is incomplete or incompatible with portal/database parameters;
Any other unspecified circumstances which affect the use of the E911/911 services.
2.7 ALTERNATIVE 911 OR EMERGENCY DIALING ARRANGEMENTS
You acknowledge that WestVox Solutions 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 WestVox Solutions’ websites or portals, send email or fax, or engage in IM (Instant Messenger) conversations, you are communicating with WestVox Solutions electronically and understand that all such communication between you and WestVox Solutions 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 TO THE TERMS AND CONDITIONS AGREEMENT AND CHANGES TO PRICING
WestVox Solutions may change the Terms and Conditions of this Agreement and/or Pricing at any time. Changes will be effective as of the date notice is conveyed to you via email or other means. Changes are binding from the date sent from WestVox Solutions to you without further notice.
5. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
5.1 BILLING
You must provide WestVox Solutions with a valid credit card number (Visa, MasterCard, Discover, American Express) at the time the Service is activated. Other payment methods must be approved by WestVox Solutions. If your card expires, is cancelled, or replaced, or your billing address changes, you must inform WestVox Solutions immediately. Monthly recurring charges, taxes, surcharges, and other applicable fees are billed in advance, with overage billed in arrears, to your credit card. Charges include activation fees, international usage, advanced features, equipment, cancellations, and shipping/handling.
WestVox Solutions reserves the right to change pricing plans or bill more frequently if usage (excluding recurring charges) exceeds $100.00. Usage is billed in full-minute increments unless otherwise stated in published rate schedules.
5.2 BILLING DISPUTES
If you dispute any WestVox Solutions charges, you must notify us in writing (via email or otherwise) within fourteen (14) days of receiving your statement. Otherwise, charges are deemed valid and accepted.
Dispute Notices Should Be Sent To:
Customer Care Billing Department
WestVox Solutions
7113 Farm to Market 2920, Suite #600, Spring, TX 77379
Email: info@westvox.com
5.3 PAYMENT
WestVox Solutions accepts check, credit card, PayPal, or wire transfer. Use of the service authorizes WestVox Solutions to charge your current or replacement payment method until 30 days after written termination notice. Final charges and disconnect fees will be applied before service termination.
WestVox Solutions may terminate your service if:
A payment is declined or reversed
Your credit card expires and is not replaced
Any other payment issues arise
There is a $30.00 fee for returned checks. You remain fully liable for all unpaid balances and fees, including legal/collection costs.
5.4 PREPAID ACCOUNTS
Certain account types may require prepayment (e.g., Calling Cards, IVR, Call Centers, or customers not using credit cards). Prepayment is based on one (1) month’s estimated usage plus setup fees. This amount is drawn down for usage or recurring charges. You will be notified when the balance reaches 20%. Services will be suspended if not replenished before depletion.
5.5 TERMINATION/DISCONTINUATION OF SERVICE
WestVox Solutions reserves the right to suspend, discontinue, or terminate your service at its discretion. If terminated without cause, you’re responsible only for charges through the termination date. If terminated for cause (e.g., misuse or violation), you are liable for:
Full month’s charges
All remaining contract term MRCs
Disconnection fee of $39.95 per SIP trunk
All of which are immediately 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 an 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 WestVox Solutions with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date WestVox Solutions receives such certificate.
5.7 TERMINATION 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 Charges for each billable month left in your Contract Term, plus a cancellation fee of $39.95 per phone, SIP 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. For month-to-month agreements, a $39.95 disconnection fee per SIP trunk applies unless the terms of the initial agreement are fulfilled. All disconnect fees become immediately due and are billed to your account or credit card.
5.8 PAYPHONE CHARGES
If you use WestVox Solutions Toll Free Services, you agree that WestVox Solutions may recover any charges imposed by payphone owners or operators (directly or via suppliers) in connection with toll-free calls made to your number. Recovery may be via a per-call charge, rounded up to the nearest cent, or by another method deemed appropriate.
5.9 INTERNATIONAL & DOMESTIC RATES
WestVox Solutions aims to maintain consistent domestic and international rates, but changes may occur due to supplier costs or legislative changes beyond our control. If rates change, you will be notified in writing within twenty-four (24) hours. The change will take effect immediately and be reflected on your bill.
6. WARRANTY OF SERVICES, LIMITATION OF LIABILITY AND INDEMNIFICATION
6.1 AVAILABILITY OF SERVICES
WestVox Solutions makes no warranties or guarantees regarding the availability or reliability of Services. WestVox Solutions is not liable for delays or interruptions including, but not limited to:
Acts of underlying carriers or vendors
Equipment/network/facility failure or upgrades
Natural disasters, power outages, strikes, wars, government actions
ISP/broadband outages
Customer-caused service or hardware issues
Communication failures or inability to dial 911/411/Fax
Liability is limited to the amount charged for the affected service period.
6.2 DISCLAIMER OF DAMAGES
Under no circumstances shall WestVox Solutions, its affiliates, directors, employees, or service providers be liable for direct, indirect, incidental, punitive, special, or consequential damages — including loss of life, revenue, data, or use of service — even if advised of the possibility of such damages.
6.3 INDEMNIFICATION
You agree to indemnify, defend, and hold harmless WestVox Solutions, its staff, agents, and service providers from all liabilities, damages, or losses (including legal fees and third-party claims) resulting from service interruptions, breakdowns, or user misconduct.
6.4 NO WARRANTIES ON SERVICE
WestVox Solutions makes no implied warranties, including but not limited to merchantability or fitness for a particular purpose. No guarantees are made for uninterrupted or error-free service. WestVox Solutions is not liable for unauthorized access to data, programs, or equipment due to accidental, malicious, or third-party activity.
6.5 NO WARRANTIES OR LIMITED WARRANTIES FOR IADs
If you received a new IAD with a manufacturer’s warranty, refer to that documentation. If no warranty was included, you accept the IAD “as is” without recourse. WestVox Solutions makes no warranty regarding IAD functionality or fitness for purpose beyond the manufacturer’s warranty.
6.6 CONTENT
You are solely responsible for the content transmitted via the Service. Use of the Service must comply with all laws and regulations. WestVox Solutions reserves the right to suspend or terminate services for violations or remove inappropriate content. You agree to indemnify WestVox Solutions against all liabilities arising from your or your users’ content.
7. GOVERNING LAW / RESOLUTION OF DISPUTES / ASSIGNMENT
7.1 WAIVER OF TRIAL BY JURY
Both parties waive the right to a trial by jury regarding any disputes related to this Agreement or WestVox Solutions services. This provision is a material condition of this Agreement.
7.2 GOVERNING LAW
This Agreement is governed by the laws of the State of California, with venue in San Diego County, regardless of conflict-of-law principles. All legal disputes shall be resolved within the courts of San Diego County.
7.3 ENTIRE AGREEMENT
This Agreement, including Rate Schedules and signed Quote documents, represents the complete understanding between the parties. It supersedes all prior or contemporaneous communications. Amendments are only valid when posted as described in Section 3.
7.4 SEVERABILITY
If any provision is declared invalid, the remainder of the Agreement remains enforceable.
7.5 ASSIGNMENT
This Agreement is non-transferable without written consent from both parties, except WestVox Solutions may assign to affiliates or successors without prior consent.
8. PRIVACY
WestVox Solutions uses public internet and third-party networks to transmit voice data and is not responsible for any privacy breaches experienced by the customer.
9. ACCEPTANCE OF DIGITAL SIGNATURES
BY SIGNING THE WESTVOX SOLUTIONS SERVICES QUOTE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS IN THIS DOCUMENT. YOUR DIGITAL OR WRITTEN SIGNATURE ON THE WESTVOX SOLUTIONS SERVICES QUOTE SERVES AS ACCEPTANCE OF THESE TERMS & CONDITIONS.