Things You need to know when using VoiParty:
This Agreement: These Terms of Service together with all updates and any additional terms applicable to Your use of the VoiParty Services, collectively constitute the legal agreement between You and VoiParty. To agree to these Terms of Service, click Agree. If You do not agree to these Terms of Service, do not click Agree, and do not use the products. Please make sure You have read this document in it's entirty, and any other additional terms which apply to Your use of the VoiParty Services.
Jurisdiction Restrictions: If the law of Your country prohibits You from using the products because You're under the age limit or just because the products are not allowed in Your country, please don't use them.
VoiParty: VoiParty, Inc.located at 4423 Del Prado Blvd South Cape Coral, Florida 33904
Terms of Service: these terms of service as may be renewed and/or amended from time to time.
Expectations
These should be Your expectations when You use VoiParty:
Quality: VoiParty will try to provide the Products with minimum disruptions. However please understand that VoiParty can not guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products will be transmitted through public Internet lines, there may be power outages or Internet service disruption and You may experience some disruptions.
Technical maintenance & improvement: VoiParty may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. VoiParty may also have to repair, improve, and/or upgrade the products and this may require us to restrict, limit, suspend, interfere and/or interrupt the products.
Content of communications: VoiParty does not control, or have any knowledge of the content of any communication(s) spread by the use of the products. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
No Emergency Calls: More important than anything: please remember that VoiParty does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. VoiParty is not a traditional telephone service or a replacement for your primary telephone service. There are important differences between traditional telephone services and the products. You need to make additional arrangements in order to access emergency services. It is Your responsibility to purchase, separately from the products, traditional wireless or fixed line telephone services that offer access to emergency services. If, with Your permission, another user uses Your VoiParty connection, it is Your responsibility to inform that user that it is not possible to support or carry emergency calls using the products.
What we expect from you
Information: You will be required to provide VoiParty in good time with any data or information necessary for a proper provision of the Products.
No reselling: You agree not to resell the VoiParty Products to any third party.
Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VOIPARTY AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE VOIPARTY PRODUCTS. Payment for International calls outside the US & Canada
VoiParty Credit: To use the products You need to have a pre-paid account with sufficient balance of VoiParty credit, which is credit purchased by You from VoiParty and allocated to Your account VoiParty Credit. You must deposit sufficient VoiParty Credit in Your account through Your debit or credit card, PayPal, promotional voucher, or other means which may be made available by VoiParty. VoiParty reserves the right to stop accepting debit or credit cards from one or more issuers.
Device Cost Breakdown
Get started for only $287.90
| Device Cost: | $149.00 |
| Online Virtual Office: | $99.00 |
| Annual Membership: | $29.95 |
| Shipping: | $9.95 |
| Florida State Tax (6%): | $10.74 |
(only applicable for FL residents)
Refund Policy
Refund Request: You can request a refund for unused and unexpired products (such as unused VoiParty Credit) at any time, by submitting a support request. If You purchase Products (including VoiParty Credit) via a third party partner of VoiParty, any refund requests should be submitted to such partner and not VoiParty. The partner may decide in its sole discretion whether or not to pay a refund.
Members may cancel this transaction, without penalty or obligation, for a full refund, within FIVE (5) business days from the date of this Agreement, exclusive of the date of signing or if processed electronically the date this agreement is the date submitted to VOIPARTY for processing. I understand that if I cancel after the FIVE (5) day period, I am not entitled to a full refund. This limitation is superceded by any state law.
If I cancel within the five (5) business days from the date of this Agreement, any payments made by me under this Agreement and any instrument executed by me will be returned within fifteen (15) business days following receipt by VoiParty of my Cancellation Notice. If I cancel, I must make any literature or materials I have received available for return to VOIPARTY in substantially as good condition as when received.
To cancel this Agreement, I must mail, via registered or certified mail, return receipt requested, or deliver personally to VOIPARTY a signed, dated copy of a Notice of Cancellation, or send a telegram to: VOIPARTY, Inc., 4423 Del Prado Blvd. S., Cape Coral, Fl. 33904.
Where applicable state law on cancellation is inconsistent with VOIPARTY policy, such state law shall be in force. I hereby apply to for Membership in the VoiParty Network witth VOIPARTY, Inc. (VOIPARTY) and have carefully read and agree to abide by all terms and conditions of this Agreement, the Compensation Plan, the Anti-Slamming Policy and the Policies and Procedures which are incorporated by reference herein.
Termination Device Returns: If a terminating Member has purchased VoiParty Devices or mandatory sales aids while the Membership Agreement was in effect, all unencumbered VoiParty Devices in a resalable condition then in possession of the Member, which have been purchased within 30 days of cancellation (12 months in GA, IA, LA, MA, MT, OK, TX and WY), may be tendered for repurchase. The repurchase shall be at a price of not less than 85 percent of the original net cost to the Member. In addition, the Company will honor statutory buyback requirements of every jurisdiction. VoiParty will also repurchase any sales materials and the Voiparty Membership for a period of one year from the time of purchase providing the materials are current and in resalable condition.
Additionally, Montana Members who cancel within 15 days are entitled to a 100% refund of any consideration given to participate. A written return request must be submitted, and accompanied by proof of payment and a copy of the invoice for membership. Voiparty will instruct the Member where to ship the devices for inventory and verification, and will also provide the Member with a formal Return Merchandise Authorization number. Upon receipt and inspection of the return, Voiparty will process the appropriate refund for payment. Member must pay the cost of return freight.
VoiParty reserves the right to deny repetitive refund requests.
VoiParty will refund the balance of Your VoiParty Credit in the event You terminate Your User Account(s) as permitted under these Terms of Service or in the event that VoiParty terminates these Terms of Services without serious cause.
All refunds shall be paid to the person who initially purchased the VoiParty Credit or Product, either through the original payment method used, or any other reasonable payment method to be determined by VoiParty in its sole discretion, or Your VoiParty Credit shall be adjusted accordingly.
VoiParty reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by You of these terms relating to refunds.
Payment
Charges and Rates
Products: You shall pay VoiParty any applicable charges and rates as stated on the VoiParty Website in connection with Your purchase and use of the products. You will be able to pay with Your VoiParty Credit balance or with any other payment method available.
The duration of a call for both VoiParty outgoing calls shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. During the call, charges incurred will be deducted automatically from Your account.
Change of charges
VoiParty rates are subject to change at all times, without any notice to You.
If You do not wish to accept such adjustment of rates, You may ask for a refund. You agree by continuing to purchase and/or use the products following the adjustments of the rates, You accept the new rates.
Tax: Local taxes may apply in certain countries.
Charged in error: In the event You believe that VoiParty has charged You in error, You must contact VoiParty's customer serviceswithin 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.
VoiParty's liability to You
Limitation of Liability: IN NO EVENT SHALL VOIPARTY, ITS AFFILIATES, ITS LICENSORS OR THE VOIPARTY STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:
- ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND
- ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).
THE LIMITATIONS ON VOIPARTY'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT VOIPARTY, ITS AFFILIATES OR THE VOIPARTY STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF VOIPARTY FOR
- THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF VOIPARTY, THE VOIPARTY STAFF OR ITS AGENTS, OR
- ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
VOIPARTY'S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,000 USC (UNLESS THE LOSS IS DUE TO VOIPARTY'S WILLFUL DEFAULT OR GROSS NEGLIGENCE).
SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER VOIPARTY NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE VOIPARTY PRODUCTS TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH ABOVE.
SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. VOIPARTY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, PUBLIC CHATS, VOIPARTYOUT PREMIUM) OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO IN PARAGRAPH 11 BELOW. NEITHER VOIPARTY NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.
Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.
Force Majeure: You acknowledge and understand that if VoiParty is unable to provide the Products as a result of a force majeure event VoiParty will not be in breach of any of its obligations towards You under these terms of service. A force majeure event means any event beyond the control of VoiParty. In the event VoiParty is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. VOIPARTY SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
How long does your agreement with VoiParty last for?
Duration: The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by VoiParty, or the date of Your first use of any of the products, whichever occurs earlier, and will remain effective until terminated by either VoiParty or You as set out below.
Termination: You may terminate Your agreement with us at any time. Without limiting other remedies, VoiParty or its Affiliates may terminate these terms of service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the products, prohibit access to VoiParty's website, remove hosted content, and take technical and legal steps to keep You off the VoiParty Website if we think that You are in breach of these terms of service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, if You purchased VoiParty Credit from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. VoiParty shall effect such termination by preventing Your access to Your account and to the products and VoiParty Software. If You provided a valid email address, VoiParty may provide notice to You by email.
Update: VoiParty reserves the right to modify these terms of service at any time. If You do not wish to accept these revised terms of service, You are entitled to terminate Your account, in writing or by e-mail.
Termination of numbers: VoiParty is entitled to refuse, change or terminate any number allocated to You at any time for any reason.
In the event that VoiParty changes the VoiPartyIn number that has been allocated to You, VoiParty will send a notification by e-mail, stating the effective date of the change and Your new number. If You do not wish to accept this new number, You are entitled to terminate. Your co-operation. You agree that You will comply with any reasonable instructions given by VoiParty or VoiParty's partners with regard to the use of the numbers and the products including but not limited to compliance with any terms of service, provide accurate and complete information with regard to Your place of residence and Your use of the number(s), and such other information as may reasonably be required from time to time by VoiParty.
Responsibility for unauthorized use: You are solely responsible and liable for all activities conducted through Your account even if such activities were to occur without Your permission. To prevent unauthorized use, we advise You to keep Your Password confidential and not to give it to any third party.
Terms for the use of Voicemail
Limits of usage: VoiParty may from time to time introduce, remove or amend limitations to the use of the Voicemail Product including but not limited to message storage time, number of messages and message length.
Third parties' products and services
You may purchase third parties' content, products or services available, including games, applications, images, ring tones, or avatars to personalize Your account.
The third party products or services referred above may be subject to the third party provider's own license agreement and privacy policy that you may have to accept upon download or installation.
VoiParty reserves the right to remove without notice any content that infringes or may infringe a third party's right and/or is unlawful, obscene, pornographic, defamatory, libelous, threatening, hateful, racially or ethnically offensive or otherwise inappropriate.
Terms for Public Chat
By creating a public chat, You agree to act as the administrator of it and to take the responsibility to moderate this chat. You are responsible for defining the community guidelines regulating Your chat and to enforce them. You will have the responsibility to exclude any participant that You believe is in breach of such rules or is not acting properly. If someone reports any content of Your chat as illegal, infringing or otherwise inappropriate, You will be responsible for taking such content down. If You decide to leave Your public chat, it will be closed down unless You transfer the administration of it to someone else. If You do so, the new administrator will assume the exact same responsibilities, as if he had created the chat in the first place.
Terms for Subscriptions
Fair Usage: Subscriptions are subject to VoiParty's fair usage policy which states:
Calls to phones and mobiles calls are included in your subscription subject to a fair usage limit of 5,000 minutes per user per month, with a maximum of 4 hours per day. Also, no more than 25 different numbers in total can be called per day.
Once these limits are exceeded VoiParty will charge for additional minutes used. Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means).
VoiParty reserves the right to withdraw or change the subscriptions at any time. If VoiParty changes the Products included in Your subscription, VoiParty will send a notification by e-mail, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription, in writing or by e-mail.
In the event that there is, or VoiParty suspects that there is, any fraudulent activity or misuse of Your subscription, VoiParty reserves the right to terminate Your subscription with immediate effect and without a refund.
You may terminate Your subscription at any time. You may switch subscriptions at any time.
Terms for VoiParty for Your Mobile
VoiParty for Your Mobile: VoiParty for Your Mobile means the availability to use some of the VoiParty Services (such as, Internet messaging (chatting), and making and/or receiving of VoiParty-to-VoiParty calls), through the VoiParty Software mobile application. To enable and use VoiParty for Your Mobile You will need access to a mobile data network. You will also need to download and install the mobile version of VoiParty Software into Your mobile device and accept the End User License Agreement and the Privacy Policy.
Charges for VoiParty for Your Mobile: Communications over VoiParty for Your Mobile are not free, they will be equivalent to the member account plan.
Limited availability and usage: It is possible that some of the functionality for VoiParty for Your Mobile is not available globally. Furthermore, it is possible that usage of VoiParty for Your Mobile is cost effective within defined territories only. You understand that it is in Your own interest to use VoiParty for Your Mobile only as recommended by VoiParty. Out-of-country usage may lead to significantly higher costs than regular usage, and You are solely responsible for keeping Yourself informed and paying for possible roaming and other applicable charges. Miscellaneous
Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between You and VoiParty with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or VoiParty arising out of fraud or fraudulent misrepresentation.
Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.
No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If VoiParty waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. VoiParty is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.
Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of Florida and shall be subject to the jurisdiction of such.
Language: The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
Survival: The terms of all paragraphs of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO VOIPARTY THE RIGHTS SET FORTH HEREIN.
VoiParty Last revised: 2010