Lanis Voice CloudPBX Terms & Conditions
(Revision: 9/12/2014)
Terms of Service This agreement (“Agreement”) is between Lanis IT Group Inc. doing business as Lanis IT Group (“we,” “us” or “LANIS”) and the user (“you,” “user” or “Customer”) of LANIS’s enhanced communications services and any related products or services (“Service”). This Agreement governs both the Service and any devices, such as an IP phone or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
1. PURCHASE
1.1 Purchaser’s Responsibility Purchaser is responsible for any fees, duties or charges that may be imposed by their country or it’s agents in the process of delivering the Internet phone to the purchaser.
2. SERVICE
2.1 Term Service is offered on a monthly basis for a term which begins on the date that LANIS activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement will automatically renew on a monthly basis without further action by you unless you give LANIS written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
2.2 Service Activation
2.2.1 Residential Use of Service and Device If you have subscribed to LANIS’s Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from LANIS in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay LANIS’s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. LANIS reserves the right to immediately terminate or modify the Service, if LANIS determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use.
2.2.2 Small Business Use of Service and Device – Prohibition on Resale If you have subscribed to LANIS’s Small Business services, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from LANIS in advance. You agree that the LANIS Small Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. LANIS reserves the right to immediately terminate or modify the Service, if LANIS determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities.
2.3 Lawful Use of Service and Device
2.3.1 Prohibited Uses: You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in LANIS’s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. LANIS reserves the right to terminate your service immediately and without advance notice if LANIS, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless LANIS against any and all liability for any such use that fails to comply with this Section 1.3.1. If LANIS, in its sole discretion believes that you have violated the above restrictions, LANIS may forward the objectionable material, as well as your communications with LANIS and your personally identifiable information to the appropriate authorities for investigation and prosecution.
2.3.2 Use of Service and Device by Customers Outside the United States While we encourage use of the Service around the world, if you use the Service outside the United States, you do so at your own risk, including the risk that such activity may violate local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.
2.4 Loss of Service Due to Power Failure or Internet Access Failure You acknowledge and understand that the Service does not function in the event of power failure or Internet access failures, including the inconsistent availability of bandwidth. Should there be an interruption in the power supply or in your access to the Internet, the Service will not function until power and access to the Internet is restored. A power or Internet access failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power or Internet access disruptions or failures will also prevent dialing to emergency service numbers including the 911 calling feature.
2.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on LANIS’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of LANIS are and shall remain the exclusive property of LANIS and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service.
2.6 Tampering with the Device You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from LANIS in each instance. LANIS reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full year’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable.
2.7 Theft of Service You agree to notify LANIS immediately, in writing or by calling the LANIS customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
2.8 Number Transfer on Service Termination LANIS may, solely at the Company’s discretion, release the telephone number that was ported in to LANIS by you and used in connection with your Service provisioned by LANIS to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) your LANIS account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.
2.9 Service Distinctions You acknowledge and understand that the Service is not a traditional telephone service. Important distinctions exist between traditional telephone service and the enhanced Service offering provided by LANIS. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies.
3. EMERGENCY SERVICES- 911 DIALING
3.1 Non-Availability of Traditional 911 or E911 Dialing Service: You acknowledge and understand that the Service does NOT support traditional 911 or E911 access to emergency services. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the non-availability of traditional 911 or E911 dialing from your LANIS Service and Device(s). 3.2 Limitation of Liability and Indemnification You acknowledge and understand that the Company’s liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless LANIS, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service, and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access emergency service personnel.
4. CHANGES TO THIS AGREEMENT LANIS 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 the LANIS website. The Agreement posted supersedes all previously agreed to electronic and written Terms of Service.
5. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
5.1 Billing All yearly Service fees and activation fees are billed monthly in advance of the next month’s service. We will bill all additional charges on a monthly basis to you, including but not limited to: local, long distance and international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. All monthly payment are due by the 5th of every month. LANIS reserves the right to bill at more frequent intervals if the amount due at any time exceeds $500.
5.2 Billing Disputes You must notify LANIS within 7 days after your monthly statement if you dispute any LANIS charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to LANIS as follows: LANIS IT Group P.O. Box 970154 Miami, FL 33189 Attention : Customer Billing or finance@lanisit.com or by calling the customer service phone number posted on our website.
5.3 Payment LANIS may terminate your Service at any time in its sole discretion, if any balance due exceeds (15) days. Termination of Service for non-payment leaves you FULLY LIABLE to LANIS for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by LANIS owing to your non-payment, such as (but not limited to) collection costs and attorney’s fees. All payments received after the due date but within the (15) day period will be subject to a $35.00 late fee.
5.4 Termination/Discontinuance of Service LANIS reserves the right to suspend or discontinue providing the Service, or to terminate your Service, at any time in its sole discretion. If LANIS discontinues providing the Service, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final year’s charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.
5.5 Taxes Customer is responsible for, and shall pay any applicable federal, state, 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 Customer’s subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account. If Customer is exempt from payment of such taxes, it will provide LANIS with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date LANIS receives the Tax Exempt Document.
6. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATIONN
6.1 Limitation of Liability LANIS shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: Act or omission of an underlying carrier, service provider, vendor or other third party; Equipment, network or facility failure; Equipment, network or facility upgrade or modification; Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; Equipment, network or facility shortage; Equipment or facility relocation; Service, equipment, network or facility failure caused by the loss of power or Internet access to Customer; or Any other cause that is beyond LANIS’s control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed , including 911 dialing, or degradation of voice quality. LANIS’s liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.
6.2 No Consequential Damages In no event shall LANIS, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not LANIS was informed of the likelihood of any particular type of damages.
6.3 Indemnification Customer agrees to defend, indemnify, and hold harmless LANIS, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911 dialing, or the Device. This paragraph shall survive termination of this Agreement.
6.4 No Warranties on Service LANIS makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. LANIS does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither LANIS nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to LANIS’s or Customer’s transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer’s data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of LANIS’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning the Service or Device, if any, by LANIS or LANIS’s agents or installers are informational and are not given as a warranty of any kind.
6.5 No Warranties, or Limited Warranties, for Devices If Customer purchased the Device new from LANIS and the Device included a one-year limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer’s Device did not include a limited warranty from LANIS at the time of purchase, Customer agrees that it accepts its Device “as is” and that Customer is not entitled to replacement or refund in the event of any defect.
6.6 No Third Party Beneficiaries No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
6.7 Content You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that Your or User’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. LANIS reserves the right to terminate or suspend affected Services, and/or remove Your or Users’ content from the Services, if LANIS determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with LANIS’s ability to provide Services to you or others or receives notice from anyone that Your or Users’ use or Content may violate any laws or regulations. LANIS’s actions or inaction under this Section shall not constitute review or approval of Your or Users’ use or Content. You will indemnify and hold LANIS harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “User” means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
7. GOVERNING LAW / RESOLUTION OF DISPUTES
7.1 Mandatory Arbitration Any dispute or claim between Customer and LANIS arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
7.2 Governing Law The Agreement and the relationship between you and LANIS shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and LANIS agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Oakland, Michigan. The failure of LANIS to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7.3 Entire Agreement This Agreement and the rates for Services found on LANIS’s website constitute the entire agreement between you and LANIS and govern your use of the Service, superseding any prior agreements between you and LANIS and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon LANIS unless and until posted in accordance with Section 3 hereof.
7.4 Severability If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement
8. PRIVACY LANIS Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. LANIS is not liable for any lack of privacy that may be experienced with regard to the Service.
9. CHANGES; NOTICES Notice to Customer of any changes to the “Terms of Service” shall be considered given by posting to “http://lanisit.com/?p=150” section of the LANIS Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the LANIS Web Site and no further notice by LANIS is required.