Terms of Phone Service

VORTEX NETWORK SOLUTIONS CUSTOMERS’ USE OF VOXTELL PHONE SERVICES TERMS AND CONDITIONS BETWEEN SUBSCRIBER AND PROVIDER AND VORTEX NETWORK SOLUTIONS

THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF VORTEX NETWORK SOLUTIONS’ VOICE SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE GENERAL TERMS AND CONDITIONS FOR PHONE SERVICES, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

R.R. Networking Inc, dba Vortex Network Solutions, ("Vortex Network Solutions") is providing a  Voice Service through Voxtell, LLC to you ("Subscriber") in accordance with these terms and conditions which incorporate and include the General Terms and Conditions for Vortex Network Solutions, as they may be changed from time to time (collectively, "Terms of Service"), all of which may be found at www.vortexnetwork.solutions, under "Terms of Use" and/or "Your Privacy Rights."

Subscriber's use of Voxtell Voice Service (also, "Voice Service") shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Subscriber must activate all Voice Services ordered. Vortex Network Solutions shall have no liability whatsoever if the subscriber does not activate such Services. Any user who does not agree to be bound by the Terms of Service should immediately stop their use of the Voice Service and notify Vortex Network Solutions Customer Service Department at 407-630-7600 to terminate the Voice Service. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. This agreement (the "Agreement") is a binding legal document that may be amended unilaterally by Vortex Network Solutions with or without notice to Subscriber. Vortex Network Solutions regularly updates and amends these Terms of Service. Subscriber should consult Vortex Network Solutions 's website www.VortexNetwork.Solutions to be sure Subscriber remains in compliance.

1. Services Provided: Vortex Network Solutions Voice Service provides unlimited and/or measured calling within the United States and to those countries and US territories described in calling plans, in accordance with these terms and conditions. Subscribers must reside in an area where Vortex Network Solutions is authorized to provide Voice Service and where, in Vortex Network Solutions’ sole discretion, it is technically and operationally feasible. Voice Service is only intended for use by Subscriber.

2. Monthly Service Fee: Subscriber agrees to pay the monthly service charge for Vortex Network Solutions Voice Service which is comprised of various fees and related taxes and surcharges. Vortex Network Solutions reserves the right to increase or decrease any fee for Voice Service offered. Fees for Vortex Network Solutions Voice Service shall be posted at www. Vortex Network Solutions.com, under "Terms of Phone Service." Vortex Network Solutions Voice Service will be terminated in the event Subscriber does not pay. Certain fees for Vortex Network Solutions Voice Service are based upon periodic studies that analyze the intrastate, interstate and international minutes of all customers purchasing Voice Service. Subscriber agrees to have the total monthly charges debited/auto-drafted from the subscribers bank account/ credit card upon the due date of the services. Declined transactions will incur a $15.00 reverse transaction fee and a $15.00 late fee, in addition to services being cut off within 5 days of reversed/declined/late status. Services will be reactivated after all fees are paid and the subscriber’s account is made current. The current due date for all subscribers is the 4th of every month. YOU AGREE THAT WE MAY CHARGE YOUR CREDIT CARD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT. You agree to provide a credit card and not a debit card. If your card is a combination credit card/debit card, you authorize us to use it as a credit card. If your issuing bank automatically provides us with an updated credit card, you agree that we may charge this new credit card for all amounts due to us without additional notice or consent. You also agree to indemnify us for any claims, damages or expenses resulting from providing a debit card instead of a credit card. If your credit card is declined, is invalid or payment is not made by the issuer of your credit card at the time that a charge is attempted, you will not be able to use the Service until your account is paid in full.

3. Voice Service Features: Vortex Network Solutions Voice Service is offered with the features below.

a. Calling and Features: Includes local, regional and/or long distance calling within the United States and to those countries and US territories along with those calling features pertaining to each calling plan. Feature availability may vary by service area. A detailed list of features and calling plans may be found at www.Voxtell.com. Direct dialed calls outside the coverage of any calling plan are available with per-minute charges or with one of Vortex Network Solutions 's International calling plans. Existing Subscribers who may purchase a plan other than a plan described in this Agreement, can find a description of their plan in the provided by Vortex Network Solutions.

b. IMPORTANT: E-911: Enhanced 911 ("E-911") is a feature of Vortex Network Solutions Voice Service that allows emergency operators to automatically receive the telephone number and address of the dialing party. This E-911 feature has certain requirements in order to operate, as well as certain limitations:

1. The emergency service provider handling the E-911 call, and the address the emergency service provider will see, are linked to the service address Vortex Network Solutions has on file when Subscriber originally signed up for service. If Subscriber does not correctly identify where Subscriber's equipment is actually located, or if the voice equipment is moved away from the original service address, Subscriber's E-911 calls may be misdirected to the wrong location(s) or to the wrong emergency service provider(s). Therefore, in order to have E-911 calls routed correctly, Subscriber agrees not to move the voice equipment from the service address at which it was installed by Vortex Network Solutions and acknowledges responsibility to promptly notify Vortex Network Solutions of any change in service address prior to moving the voice equipment.

2. Vortex Network Solutions Voice Service does not have its own power supply. If there is a power outage, or if there is a disruption to the network or facilities, the Voice Service will not work and will transfer to the default back-up options. Subscriber expressly acknowledges that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services.

3. If Subscriber chooses, Subscriber may separately purchase a battery backup for use with the voice modem by calling Vortex Network Solutions at 407-630-7600. Each battery backup is designed to provide standby power for the battery life chosen by the Subscriber, and at least 5 hours of "talk" time, during a power outage at Subscriber's location that is not also a network-related outage.

4. In some locations, E-911 service may not yet be available. Such services are dependent on the equipment and facilities of the local governments in which Vortex Network Solutions provides Voice Service. In such cases, regular 911 service will be available and Subscriber will need to convey the location information to the emergency operator.

c. Number of Lines: Subscribers to Vortex Network Solutions Voice Service can purchase as many extensions as needed. 

d. Installation: Vortex Network Solutions Voice Service offers professional installation and self-installation (not available in all areas).

1. Professional installation includes activation of all existing working ethernet jacks. Additional wiring charges may apply if Subscriber requests additional jacks to be installed or activated. Additional charges may also apply for special construction needed to complete the installation. 

2. Self-installation (not available in all areas) provides the option for the Subscriber to install the provided equipment. Upon receipt of the equipment, the Subscriber must follow self-installation instructions provided by Vortex Network Solutions and/or Voxtell.

d. Subscriber is responsible for maintaining all inside wire and phones within the location of service. Subscriber has the option of Vortex Network Solutions 's Wire Maintenance Insurance that may help avoid costly repair charges. For a low monthly fee, we can provide repair service for Subscriber's jacks and inside wiring. (The wiring must meet certified technical standards.) In certain buildings such as multiple dwelling units, Vortex Network Solutions’ technicians may not have access to Subscriber's inside wiring located within the multiple dwelling unit. In these instances, Vortex Network Solutions has the right to determine how best to wire Subscriber's location, subject to additional applicable charges.

e. International Calling: Vortex Network Solutions Voice Service offers a per minute calling plan for direct-dialed calls made from Subscriber's residence to locations outside of their calling plan. If Subscriber chooses to use this service Subscriber will be charged for direct-dial international calls in addition to the flat monthly recurring rate that Subscriber pays for Vortex Network Solutions Voice Service. Vortex Network Solutions Voice Service also offers optional flat rate international calling plans for direct-dialed calls made from Subscriber's residence to locations outside of their calling plan. If Subscriber chooses an international plan, Subscriber will be charged a flat monthly fee for direct-dial international calls in addition to the monthly recurring rate that Subscriber pays for Voice Service. After Subscriber's monthly international calling plan minutes are used, unless Subscriber's plan includes unlimited international calling, each additional minute will be charged at a per-minute rate. For both per-minute international calling and international calling plans, calls are measured in increments of one minute. All calls which are a fraction of a minute are rounded up to the next whole minute. Timing on completed calls begins when the call is answered by the called party. Answering is determined when call signaling provided by the terminating local carrier, and/or any intermediate carrier(s), so indicate. Timing terminates on all calls when the calling party hangs up or when Vortex Network Solutions’ network receives a termination signal from the terminating local carrier and/or any intermediate carrier(s). Unused minutes per month do not roll over to the next month. You may access international rates and information about international calling plans online at www.Vortex Network Solutions.net/rates.

f. Voice Service Modifications: Vortex Network Solutions may, from time to time, offer additional Voice Service features or functionality, or discontinue certain Voice Service features or functionality. These additional Voice Services features or functions may be subject to additional specific terms and conditions, and may be subject to change at any time by Vortex Network Solutions.

4. Voice Service Limitations:

a. Service Outages: The Vortex Network Solutions Voice Service equipment is electrically powered and will not work in a power outage or if the network connection is disrupted or not operating. In the event of power outages or network outages, the equipment will not work. Power outages will disrupt E-911 service. To reduce this risk, Subscriber may choose to purchase a battery backup for use in the event of a non-network related outage.

b. Additional Limitations:

1. Currently, certain operator-assisted services such as busy line verification and busy line interruption, dial around services (10-10-XXX), pay services (900 and 976 services), and third party billing are not offered with Voice Service. No 0+ or Operator Assisted Calling; May Not Support X11 Calling. You acknowledge and understand that the Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, calling card calls or dial-around calls. Our Service may not support 311, 511, and other x11 services in one or more service areas.

2. No Directory Listing. The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.

3. If Subscriber receives Voicemail, Subscriber may be eligible for voice-to-text or voice-to-email ("Readable Voicemail") as part of the Voicemail feature. As a result of the voice-recognition software used by Vortex Network Solutions, some processed messages may not be fully transcribed and will appear as incomplete messages. In such cases, Subscriber may obtain the full message by listening to the Readable Voicemail message. As a condition of using the voice-to-text or voice-to-email feature, Subscriber consents to allow Vortex Network Solutions, or its service vendors, to process those voice files and to use voicemail messages, and other data associated with such messages, to enhance and/or improve the feature.

4. Vortex Network Solutions’ obligation to furnish Voice Services is dependent upon its ability to secure and retain, without unreasonable expense, suitable facilities and rights for the construction and maintenance of the necessary facilities and equipment. Vortex Network Solutions may limit communications, refuse to provide Voice Services or discontinue Voice Services when necessary because of: 

(a) the lack of available services from, or interconnection with, the services or facilities of service providers

(b) any cause beyond Vortex Network Solutions’ control.

5. Vortex Network Solutions shall not be liable for any damages resulting from delays in meeting the estimated service date due to delays resulting from normal installation procedures. Such delays shall include, but not be limited to, delays in obtaining right-of-way approvals, delays in actual construction work being done by Vortex Network Solutions, including its contractors or representatives, and any delays due to any other service provider where Vortex Network Solutions is relying upon such provider to meet an estimated due date which is beyond Vortex Network Solutions’ control.

6. Vortex Network Solutions offers the use of its facilities for communications between Subscriber and other parties. Vortex Network Solutions is not responsible, and shall have no liability, for any communications or miscommunications between Subscriber (including any users) and other parties (including operator-assisted, 911 and E-911 calls).

c. Equipment: Vortex Network Solutions Voice Service requires a working network. Equipment and facilities furnished by Vortex Network Solutions to provide Voice Service (except for inside wiring and inside jacks and purchased network equipment) are the property of Vortex Network Solutions. Telephone numbers assigned to Subscriber by Vortex Network Solutions are portable and transferable with Subscriber at the same location; however, Subscriber has no property right in telephone number(s) or any other call number designations associated with the Voice Services, and Vortex Network Solutions may change such numbers as deemed necessary.

5. Term: Vortex Network Solutions Voice Service shall continue until such time as terminated by Subscriber, which shall be effective upon notice, or terminated by Vortex Network Solutions for breach (including nonpayment) of this Agreement, or otherwise terminated by Vortex Network Solutions in accordance with the Terms of Service including the following:

You understand and agree that Vortex Network Solutions and/ or Voxtell has the right to suspend, terminate or disconnect any part of Your Service generally at any time if:

a. We determine or reasonably believe that You are violating, or violated, any applicable law;

b. We determine or reasonably believe that You materially breached this Agreement;

c. We determine or reasonably believe that You used a fraudulent credit card to pay for the Services;

d. We determine or reasonably believe that You abused or harassed (verbally or otherwise) any Vortex Network Solutions or Voxtell employee, contractor, agent or representative;

e. We are ordered by law enforcement or other government agencies to suspend, terminate or disconnect your Services; 

f. You bring any legal action or proceeding against Voxtell, or participate in any class action lawsuit against Voxtell;

g. A petition in bankruptcy is filed by or against You and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over You or Your material assets;

h.  We determine that such action is necessary to protect maintain, or improve the Services, to prevent fraud or misrepresentation, to protect Voxtell, its customers or other third party Voxtell affiliates, or for any other good cause.

i. It is otherwise contemplated by this Agreement.

j. You fail to make payment.

All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.

6. Limitation of Liability:

Vortex Network Solutions Voice Service is provided "AS IS." THE LIABILITY OF VORTEX NETWORK SOLUTIONS, OR ITS SERVICE VENDORS, FOR DAMAGES OR LOSSES ARISING OUT OF THE FURNISHING OF VOICE SERVICES HEREUNDER, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFAULTS, REPRESENTATIONS OR USE OF THE VOICE SERVICES, OR ARISING OUT OF THE FAILURE TO FURNISH THE VOICE SERVICE, INCLUDING E-911/911 SERVICE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, AND/OR LOSS OF ELECTRICAL POWER, SHALL BE LIMITED TO AN ALLOWANCE PRORATED FOR THE TIME PERIOD OF THE VOICE SERVICE INTERRUPTION. VORTEX NETWORK SOLUTIONS, INCLUDING ITS SERVICE VENDORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES THAT A SUBSCRIBER, OR SUBSCRIBER'S USERS, MAY SUFFER. FINALLY, VORTEX NETWORK SOLUTIONS, AND ITS SERVICE VENDORS, SHALL NOT BE LIABLE FOR ANY LOSS OR INTERRUPTIONS IN VOICE SERVICE OR FOR ANY DAMAGES OR LOSSES DUE TO THE FAULT OR NEGLIGENCE OF SUBSCRIBER, ANY SUBSCRIBER USER, OR ANY OTHER PARTY OR PERSON(S), OR DUE TO THE FAILURE OR MALFUNCTION OF SUBSCRIBER-PROVIDED OR USER-PROVIDED EQUIPMENT OR FACILITIES, OR DUE TO THE FAILURE OF SUBSCRIBER TO FULFILL ANY OBLIGATION UNDER THIS AGREEMENT.