These terms and conditions for TheRealPBX are a legal agreement between TheRealPBX and you (representing either as an entity or an individual). The service comprises of new products, up gradations in existing services, support and other services. You are entitled to receive the services only upon validation of an authorized payment mode on file with TheRealPBX.
NOTE: We hold no responsibility for the following:
1. Any problems that arise as a result of interrupted internet connection.
2. We will not contact any third party service provider on your behalf.
3. Any issues with your local hardware/software being used by you or any entity of your company
At any time, TheRealPBX can alter the elements of a particular plan. Customers will be notified immediately on making any alterations in the service features. This may include the address changes concerns caused by clients such as violation of fair usage policies corresponding to unlimited plans. Also, any government associated modifications as applicable to VoIP service providers can lead to increase in the prices which in turn can raise the VoIP services prices, and also modifications can be done relating to including/eliminating any specific international calling destinations at any specific time based upon legal agreement. TheRealPBX holds the right to adjust the components of a plan any time, to enhance and modify features of the service plan, considering that such modifications are applied consistently to customers situated in same locations. This includes modifications to address violation of the fair usage policies associated with unlimited plans.
Section 1: Payment & Services
1. 1 Automatic Monthly Billing
Services offered are on monthly basis, with an automated monthly renewal unless notified for cancellation prior to scheduled billing date as mentioned in section 2. You abide to us, for paying TheRealPBX the recurring monthly usage charges and service charges, if applicable, for usage of any services in addition to associated taxes as defined in taxes section below.
1.2 Payment Processing
To avail our services, it is mandatory to provide a valid payment mode and email address. Any changes in the payment means and email address must be notified immediately. Failure to comply with the same, authorize us to terminate the services without any notification to the customers. Please remember that all transactions are charged in U.S. dollars (USD).
1.3 Additional Charges and Unlimited Plans for U.S. based plans
TheRealPBX provides calling facility for the mainland 48 states of the USA and all the states of Canada in the standard subscription. Calling to states of Alaska and Hawaii are not included in the standard subscription for USA. Additional charges are applicable for calls made to locations other than the mainland 48 states (Corresponding outbound rates will be applicable for the same), for Alaska and Hawaii — 60 cents/minute for inbound calls and 6 cents/minute for outbound calls.
Using TheRealPBX’s interface one or more account users may be designated complete administrative control. The users you designate as administrators can purchase additional TheRealPBX services through its interface or by contacting the customer care. Therefore, you acknowledge that administrative privilege is offered to the authorized users. Hence, these services can be added by the authorized users to your account.
Also, administrators or users on the account have the authority to cancel and make any modifications to the account (Ex: service additions, deletions, updates to credit cards or assignment of new users, etc.).
1.4 Calibrated Usage
Additional usage charges incurred on specific calls such as calls made to Hawaii, Alaska and international calls. In addition, specific features such as call forwarding from auto attendants to an outside number, calls to a queue, call waiting, 3 ways calling and each call/line on a conference bridge will all incur charges at then current rate as set-up by TheRealPBX.
TheRealPBX provides VoIP Calls at a pulse rate of 60/60, which means that minimum billing length for any call will be 60 seconds (unless otherwise specified). Every call is subject to full minute increment and while computing bill duration of each call duration is rounded up to the next minute.
1.5 Late Charges & Fee-Payments
Except the use-based fees, all the fees comprising monthly repetitive charges, and other non-repetitive charges covering but not restricted to regulatory recovery fee, porting fees, regulatory compliance, activation fees, early termination fees (“ETF”) and government regulated fees such as, but not restricted to e911 fees and Universal Service fees (“USF”).
The usage based charges for Hawaii, Alaska (60 cents/minute for inbound calls and 6 cents/minute for outbound calls) and other international calls are payable in the arrears on the first day of each billing period following the month they were charged.
Under any circumstances, TheRealPBX holds no responsibility for suspension of account resulting from failure to pay all required payments in advance. These payments are entirely non-refundable. At TheRealPBX’s sole discretion, reactivation of the accounts can be done, only if the account balance is fully paid and the fee for reconnection is delivered.
During any course of suspension of services for non-payment, services will be inaccessible until the account balance is paid in full. Also, in this period of suspension, in any event, that TheRealPBX is offering calling monitoring, call recording, data backup or any other service for which TheRealPBX is providing or collecting data, you will be unable to record calls or backup new data and also, will be incapable of accessing any recordings or data previously stored by TheRealPBX.
In case the usage based charges are beyond reasonable limits, TRP has the rights to apply the charges for the services prior to the next billing date. This can be done in the form of TRP collecting pre-determined deposits for the same service based on forecasted usage by the client.
1.6 Applicable Taxes
Service price do not comprises any sales, use, excise, state, local, customs duties, export or import, federal, public utility, any value added, universal service or other related taxes. Monthly charges will be applicable to every phone number allotted under your account – this is a regulatory recovery fee to equalize charges incurred by TheRealPBX in compliance with the constraints and inquiries enforced by state, federal and municipal regulatory governments/ bodies and the associated billing and legal expenses. This is a regulatory recovery fee applicable to all the assigned phone numbers comprising, virtual and toll-free numbers and is not assessed by any government.
1.7 Requests for Call Logs
Administrator or authorized user can request for any information associated with your account in regard to actual call log details and customer service record. The requested information will be provided to the customers on the email address provided.
TRP provides unlimited transmission services for live dialog between individuals, email to fax services and monitoring services. All other kinds of transmissions including transmission of broadcasts/voice broadcasts, call forwarding, conference calling and other connections, which do not consist of uninterrupted live dialog between individuals, may be chargeable as per the usage.
1.8 Any Invoice Conflicts
All invoices are sent through emails. Within 30 days TheRealPBX must be notified about any billing problems. Failing to comply with the same, The Real PBX, Ltd holds the right to wave off your right to dispute over such concerns or problems.
Section 2: Cancellation and Service Use Restrictions
The services can be cancelled at any time, provided that TheRealPBX must be informed at least 72 hours in advance by contacting the customer care during normal business hours. Any fax or email will not be accepted. On cancellation of services, an email notification will be sent. In case you do not receive it, kindly contact TheRealPBX customer care.
2.1 Usage Restrictions
All features covered under service plan are for judicious business use and compatible with the patterns of usage by specific customers on the all business calling plans. Services may be terminated in case any unauthorized or excessive use beyond permitted limit is found. As, any unauthorized use causes disruption in the services network leading to increased busy signals for other users. In any way, the services taken must not be offered commercially or in any way must not hinder with the services, users or appliances of the network. Also, using any software program or device to bypass any technological measures deployed to control unauthorized access to services; is strictly barred.
2.2 Analyzing the Usage
The permissible use (comprising affiliate use under co-branded business plans or TheRealPBX business plans) as engaged in by our clients’ is compared with the customer’s actual usage. Co-branded is used by TheRealPBX service which is offered by third party partner. The following are considered as impermissible under TheRealPBX business service plans and regarded outside the normal usage;
- Reselling to others.
- Continuous connectivity and dialing
- Fax blasting and broadcasting
- Extensive and consistent call forwarding
Telemarketing including practices violating any regulation or law or any other activity that would be conflicting with the small business requirements or usage.
You abide by the fact that any services that violate the laws, interfere with the services, users, or breaches the rights of others will not be consumed by you. In order, to ensure that none of the plans gets misused, TheRealPBX holds the right to review the unlimited usage plans. You abide to use unlimited voice plans for normal voice associated communications with compiled usage that falls within the sphere of similarly located business customers. Additionally, you agree that you will not deploy means to take unauthorized advantage of the unlimited plans. In this case, TheRealPBX will terminate the services immediately, if found to abuse unlimited minute based plans.
2.3 Extra or Excessive Usage
If it is determined that your usage is abusive, you agree to pay a per minute fee for use in excess of those levels at the then current rate established by The Real PBX, of at least $0.039 per minute for U.S. and Canada, $0.054 for UK and $0.105 for Australia. At TheRealPBX’s sole discretion, your service may be immediately terminated. THIS OVERAGE FEE APPLIES TO THE UNLIMITED PLANS . A customer’s combined usage may be treated as outside of normal use if it involves excessive:
Call logs re-initiated and ended consecutively, that in aggregate, will lead to exceeding call lengths during a specific time frame.
Call logs — including calls made to a conference calling service during a month.
Other inappropriate or irregular calling patterns characteristics of an effort to bypass administration of this fair usage policy.
Note: The unlimited plans have a Fair usage limit of 3100 minutes per month/extension. Any usage above the same may be considered excessive and may incur respective action.
2.4 Termination of Numbers
In case of any account cancellation or termination of services, you authorize us to release all telephone numbers linked to your account. Similarly, any individual services cancellation which has linked telephone numbers will lead to release of such telephone numbers. We take into consideration that prior to termination of account or services; it is your responsibility to contact the third party provider to port out such numbers.
Section 3: Necessary Authorization to Access Services
Necessary credentials used by softphones, telephones and administrators, end users must be secured by customer to access the TheRealPBX interface. Besides, this customer must also secure media access control (MAC) address of telephones used by them. TheRealPBX holds no responsibility to deal with any kind of fraud that arises as a result of placing telephones on an IP address which is publicly accessible and has not been secured by employing best security practices.
3.1 Law Compliance
You agree that all services deployed are solely for business requirement and comply with all laws applicable in the jurisdictions in which the services are used, comprising, but not confined to, relevant restrictions associated with copyright and other intellectual property rights related to call monitoring, call forwarding, call transferring and/or direct telemarketing or marketing. If required, guidelines on applicable compliances can be provided by the TheRealPBX. But, you solely hold the responsibility to ensure that use of services is in compliance with such regulations.
Section 4: Ported Numbers Compliance
4.1 Single Line Accounts
Your present telephone number can be “ported,” to another/different service provider. All the fees and charges will be entirely your responsibility if not notified in advance – in accordance with section 2. And also, unless notified termination of services will not be applicable. If notified as directed in section 2, we may provide partial refund or completely refund your amount.
4.2 Multiple-Line Accounts
If you have multiple numbers running and you need that any new service provider must port any of these number/s from us, this intent to discontinue/cancel affected services must be notified to us or else, we will keep on billing your account for such services.
4.3 Porting Numbers from Other Service Providers
TheRealPBX will help you — If you want to port current number to The Real PBX from an existing service provider. You acknowledge and understand that service providers need verification of identity, authorization, and other required information or data in order to process the porting of numbers to TheRealPBX. Letter of authorization and copy of recent bills of such service providers must be provided to us in case you require porting existing number to The Real PBX. Porting process may get delayed in case such information is not provided in time.
5. Personal Information and Privacy
TheRealPBX uses the public Internet and third party networks to provide voice and data services. Accordingly, TheRealPBX cannot guarantee the security of your voice and data communications. TheRealPBX is committed to respecting your privacy. If you choose to provide personal information, it will only be used in the context of your relationship with The Real PBX. The Real PBX will not sell, rent, or lease your personal information to others. Unless required by law, subpoena, court order, warrant or other valid government request, The Real PBX will only share personally identifiable information you provide.
6. Notification of Service Changes
From time to time, TheRealPBX may send you and your employee’s emails describing new or changed Services, and how to access them, to the email addresses you provide to us. You are responsible to go through the same and contact customer care if you have any questions regarding the same. Failure to contact us regarding the same shows your acceptance of the changes and The Real PBX is not liable for any dispute arising from failure to contact us for the same.
7. Arbitration/Dispute Resolution
You abide to negotiate, any and all claims, disputes between you and The Real PBX. Arbitration signifies that all claims and disputes will handled and resolved by a neutral judge instead of being passing it on to court or any legal proceedings. This agreement to arbitrate is expected to be given in the broadest possible manner under the law. It comprises, but is not restricted to:
Conflicts, disputes and any claims arising out of or associated to any aspect of the relationship between you and The Real PBX, whether based in agreement, misrepresentation, statue, fraud or any other legal theory. Conflicts and claims that are at present the concern of individual litigation.
Disputes and claims concerning the outlook of this arbitration scope and provision.
