Terms of Service

The use of services provided by onQVO & onQsites, LLC [hereafter referred to as “OnQVO”] constitutes agreement to these terms. BY ACTIVATING OR 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.

E911 Service (SEE ALSO E911 DISCLAIMER) E911 Service is available for an add on charge – see current pricing.

OnQVO provides you with phone services over your broadband connection. There is an important difference between the OnQVO service and the phone service provided over a traditional phone line — this difference is that the 9-1-1 dialing feature with OnQVO has important limitations that you should be aware of and that you advise others that may use the OnQVO service in your residence or business.

YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE OnQVO SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.

IF YOU MOVE THE LOCATION OF WHERE YOU USE THE OnQVO SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.

Additional limitations are as follows:

If you lose power or there is a disruption to power at the location where OnQVO is used, neither OnQVO nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the OnQVO device prior to utilizing the service, including the 9-1-1 dialing feature.

If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither OnQVO nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.

If your OnQVO account is suspended or terminated, the OnQVO service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing OnQVO as compared to traditional 911 dialing over traditional public telephone networks.

You are responsible for the accuracy and the completeness of the address that you submit to OnQVO for the location at which OnQVO will be used and to which emergency service will be sent in the event that you use the OnQVO 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which OnQVO will be used. OnQVO uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither OnQVO, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to OnQVO 9-1-1 dialing service unless such claims or causes of action arise from OnQVO’s gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless OnQVO, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, OnQVO 911 dialing feature or service or access emergency service personnel.

Equipment

OnQVO provides the option for customers to purchase a telephone adapter and or use their own softphone solution to connect to our service. Users must not attempt to reset the device to a factory default setting by using the “reset button” on the back of the device. If a user resets the device using this reset button, OnQVO will NOT issue a replacement and the device will need to be shipped back to OnQVO at the user’s expense for reprograming. A $25 administrative fee will be charged for this programming. Service credits will NOT be issued for the time the service is down due to the user-initiated device reset.

The use of any other third party devices (such as ATAs) or software (such as Asterisk) is strictly prohibited. Users who attempt to circumvent this restriction face immediate termination of their service. OnQVO reserves the right to remotely access and manage any devices connected to our network.

Miscellaneous

OnQVO reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. OnQVO also reserves the right to terminate accounts with or without reason at its sole discretion. If OnQVO terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If OnQVO terminates service for Terms of Service violation, the user is not entitled to any refund.

Support

OnQVO provides support for using our service and provided hardware only. We do not provide troubleshooting or support for routers, computers or internet connections. The provided phone adapter has a built in router is designed to be connected directly to a modem and then your existing router or computer connected to the built in router. If you connect the OnQVO adapter to an existing router, we cannot provide troubleshooting for your router if service does not work properly.

Service Limitations

Due to the nature of all VoIP services, OnQVO service is not designed to be used for data connections with modems, home security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using OnQVO service in non-voice scenarios. OnQVO services are intended for normal office or light home office use only. Any other use is strictly prohibited.

Cancellations

All cancellations must be made online at www.onQVO.com/support

For more information regarding cancellation procedure, please email support@onQVO.com.

Billing

Accounts renew automatically unless canceled. Accounts will renew on or around the anniversary of your initial order based on your selected term. All OnQVO services are prepaid at least one month in advance. If you have a credit card on file, OnQVO will bill you automatically when charges are due. Customers are responsible for all international calling usage charges and premium calls (such as 411) billed to their accounts as well as call in addition to included minutes.  USF recovery fees of up to 9.99% may be applied to all overage minutes and international calling charges.   OnQVO will bill your credit card automatically for these charges automatically. These charges may be delayed at our discretion or billed at any point immediately following the completion of such calls.

If you do not have a credit card on file and use another accepted payment method such as PayPal which may require manual payments to be made, it is your responsibility to ensure that you have a positive account balance at all times. OnQVO is a prepaid service and does not provide a grace period for billing. If invoices are not paid by the due date, your account may be subject to immediate disconnected and a $5 late fee.

Right to Refuse Service

OnQVO reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. OnQVO also reserves the right to terminate accounts with or without reason at its sole discretion. If OnQVO terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If OnQVO terminates service for Terms of Service violation, the user is not entitled to any refund.

Privacy

OnQVO utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. OnQVO makes no claims with regards to the privacy of voice packets transmitted over public networks.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold OnQVO harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against OnQVO , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OnQVO against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OnQVO ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

Binding Arbitration

By using any OnQVO service, you agree to submit to binding arbitration. If any disputes or claims arise against OnQVO or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of OnQVO’s choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of South Carolina city of Charleston. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.

Disclaimer

OnQVO shall not be responsible for any damages you or your business may suffer. OnQVO makes no warranties of any kind, expressed or implied for services we provide. OnQVO disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to delivery service, we cannot guarantee uptime or availability of service.

Change of Terms

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 our website. These changes will become binding and effective the date they are posted to our website. 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.

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