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Terms of Service
We are pleased to welcome you to our Efonica website. Please review the Terms of Service of service set forth below (the "Terms of Service" or "Agreement"). The Terms of Service apply to your use of our Products and Services (as defined below), as well as your access to our Website.
PLEASE READ Section 2(e)(i) CAREFULLY BEFORE USING OUR SERVICES. This section explains the limitations of VoIP E911 emergency calls.
 
 
         1. Technical Terms and Abbreviations.
         
         The following technical terms and abbreviations apply to this Agreement:
"Account" means the account established by Customer for the use of our Website, Products and Services, and Customer CPE, as updated from time to time.
"Affiliate" means a person or entity, other than Efonica, whom we engage to assist in the marketing and/or sales of our Products and Services, or a person or entity, other than Efonica, whom we assist in the marketing and/or sales of their products and services.
"Customer" or "you" means the person, firm, corporation or other entity which orders, uses or cancels our Products and Services and who is responsible for the payment of charges and for compliance with this Agreement.
"Customer Premises Equipment" or "CPE" means equipment or wiring located at your service location that is used to transmit, receive or process IP packets and to enable VoIP communications.
"Customer CPE" refers to CPE that you acquire from a source other than Efonica and use in conjunction with the Service.
"Direct Inward Dialing" or "DID" refers to a Service feature that allows callers from the PSTN to directly reach a specific network telephone number or User of the Service.
"E911 Notice" means the notice posted on our Website stating our policy regarding the availability and limitations of E911 services, as amended from time to time, which we may require you to acknowledge prior to the provision of certain Services.
"Recharge Voucher" refers to a prepaid voucher, in various denominations, which can be used to purchase various Services.
"eNumber™" means the VoIP number we issue exclusively to you for your use of the Services.
"Federal Communications Commission" or "FCC" refers to the U.S. Government agency that has the authority to regulate all interstate telecommunications, as well as all international telecommunications that originate or terminate in the United States.
"Efonica CPE" refers to CPE that we provide to you for your use in conjunction with the Service.
"Internet Area Code™" means the "10" prefix before your eNumber.
"Internet Protocol" or "IP" refers to a standard protocol designed for use in interconnected systems of packet-switched computer communication networks.
"Orange Pages" refers to our online directory where your name and eNumber will be visible to other users and the general public. You are not required to list your name and eNumber in our Orange Pages to use our Service, but you must affirmatively opt out to avoid being listed.
"Privacy Policy" means the Privacy Policy posted on our Website, as amended from time to time.
"Products" refers to Efonica CPE.
"Public Switched Telephone Network" or "PSTN" refers to the traditional circuit switched local network, which connects telephone users with each other for the purpose of communications. In common usage, the term PSTN may also include local wireless networks.
"Services" refer to the services provided by Fusion, including voice, data, and all other types of communications services. Each of our Services is described in detail on our Website.
"Software" means the computer programs developed, licensed or acquired by Efonica in object or executable-code versions only, licensed by you under this Agreement. The Software is for use solely in conjunction with the Services, Efonica CPE and Customer CPE on the Terms of Service hereof. The term "Software" includes updates and patches made available to you.
"User" means any person or entity that obtains Efonica's Products and/or Services provided under this Agreement, regardless of whether such person or entity is so authorized by you.
"Voice over Internet Protocol" or "VoIP" refers to a technology that enables people to use the Internet as the transmission medium for telephone calls by sending voice data in packets using IP rather than by traditional circuit switched technology.
"Website" means the Websites identified by domain names www.efonica.com, along with any content set forth therein, as updated from time to time.
 
          2. Terms of Service.
 
(a). Acceptance. By accessing our Website and using and/or purchasing our Products and   Services, you agree to be bound by this Agreement. We reserve the right, with or without notice, to amend or modify these Terms of Service, and you agree to be bound by any amendment or modification. The Privacy Policy and E911 Notice shall be incorporated into this Agreement by reference. Copies of the Privacy Policy and E911 Notice are posted on our Website. Modifications or amendments to the Terms of Service, Privacy Policy and E911 Notice shall be effective at the time we post them on our Website.
(b). Term. Unless otherwise extended or terminated as set forth elsewhere in this Agreement, the term of this Agreement shall begin when you accept the Terms of Service on our Website and shall end when you discontinue possession of our Products and use of our Services and your Account is paid in full.
(c). Use. Products and Services provided under this Agreement may be used for any lawful purpose for which the Products and Services are technically suited. You agree not to utilize the Products and Services for any unlawful purpose. You acknowledge that we may terminate access to our Website or your Account without notice, in the event you are in breach of this Agreement or any applicable laws. In the event you are purchasing Products and Services, you represent that you are of legal age to enter into this Agreement. You agree not resell, directly or indirectly, any part of the Products and Services.
(d). Fraudulent or Unauthorized Use. You agree to notify us immediately should you become aware of fraudulent or unauthorized charges to your Account. Efonica shall not be liable for any damages whatsoever resulting from fraudulent or unauthorized activity on your Account, and all charges shall be your responsibility.
(e). Service Limitations.
(i) Emergency Calls. By use of our Products and Services, you acknowledge the limitations set forth in the E911 NOTICE AND THOSE SET FORTH BELOW. While some of our Services offer access to emergency E911 services, others may not. We advise you to thoroughly review each of our Services to see what options are available. By accepting these Terms of Service, YOU have acknowledged THAT YOU HAVE RECEIVED the information, understand it, and assume the risks associated with E911 limitations. We may disclose to the FCC that you have in fact acknowledged our E911 notice BY VIRTUE OF YOUR HAVING ACCEPTED THIS AGREEMENT.
(a) The E911 Notice, which is incorporated by reference herein and made a part of this Agreement, explains some of the limitations of VoIP and our Products and Services, but, to ensure your safety, we shall restate the information in this Agreement.
(b) The FCC requires that interconnected VoIP service providers supply E911 service capabilities to their subscribers.
(c) At the present time, we do not believe that we are required to comply with the FCC E911 requirements set forth in the FCC's Order, as we do not believe we presently offer an interconnected VoIP service as defined by the FCC and 47 C.F.R. 9. However, in the near future we plan to offer a package of Services that will classify us as an interconnected VoIP service provider.
(d) In preparation for the launch of Services that will classify us as an interconnected VoIP service provider, we are specifically advising you of the circumstances under which E911 service may not be available through our Service or may in some way be limited compared to traditional landline telephone service.
(e) In the U.S., when you call 911 using a traditional landline telephone, your call is routed to the nearest public safety answering point ("PSAP") and your number is displayed on the dispatcher's console. The PSAP cross checks your telephone number against its address records to determine your exact location and direct the proper emergency service to you. When you reach a PSAP equipped for E911 services, your callback number and location are automatically displayed to the dispatcher. Your local telephone company is usually responsible for updating the official records, as changes occur in the physical address associated with your telephone number.
(f) Using VoIP E911 for emergency calls is not foolproof.
·         Availability. VoIP customers who are issued a DID number and subscribe to a monthly recurring charge plan will have E911 service, unless they live in an area that does not have E911 available for traditional landline phone service. In cases where E911 is not available for traditional landline telephone users, we will route your emergency call to the police department or other emergency service provider for the jurisdiction.
·         Power Outages. Outages in your electrical power will disrupt your VoIP Service, and you will not be able to use the Service to place E911 emergency calls.
·         Computer Problems. If you have a problem with your computer, modem, or IP-enabled hardware, you may not be able to place E911 emergency calls.
·         Outage or Slowdown of High-Speed Internet Connection. Problems with your high-speed Internet or broadband connection, including network congestion, may limit your ability or completely restrict your ability to place E911 emergency calls.
·         Suspension of your Account. If your Account is suspended for any reason, you will not be able to use our VoIP Service to place calls, including E911 emergency calls.
·         Problems with Our Products and Services. If we experience problems with our Products and Services, such as hardware, software, connectivity or maintenance issues, you may not be able to use our VoIP Service for any calling, including E911 emergency calls.
·         Outside the United States. If you are calling from a location outside the United States, you will not be able to use our VoIP Service for E911 to place E911 emergency calls.
·         E911 Provisioning Lag Time Issues. Provisioning of your E911 service may take additional time to complete, during which time E911 calling may not be available.
·         Information. When you dial 911, you will need to advise the emergency service personnel of the nature of your emergency, give them your telephone number, and describe your location. If your call is disconnected for any reason, emergency service personnel may not be able to call you back or find your location.
·         Failure to Register Your Location Accurately. It is important that you keep your location registration updated through the Account portal (www.efonica.com), keeping in mind the E911 provisioning lag time issues detailed above. If you register for our VoIP Service using an incorrect physical address and location of your Efonica CPE and/or Customer CPE, your emergency calls may be routed to the incorrect emergency service provider, and the emergency service personnel may not be able to transfer your call or respond to your emergency.
·         Address. In order for E911 to work properly, the E911 service address we have on file for you MUST correspond to the physical location from which you use your VoIP Service. You cannot specify a P.O. Box. The emergency dispatcher will send emergency service personnel only to your registered E911 service address.
(g) We do not make, nor do we intend to make, specific representations or warranties based on the statements above, as we cannot foresee every possible combination of events.
(h) Feel free to contact us if you have any questions or suggestions regarding E911. You may contact us at info@efonica.com.
(ii) Our Services are offered only in jurisdictions set forth on our Website.
(iii) Our Services are offered subject to the availability of the necessary facilities and equipment and subject to the provisions of this Agreement.
(iv) We reserve the right to suspend, limit or discontinue offering or provisioning of our Services, when necessitated by conditions beyond our control, when you are using Products and Service in violation of the provisions of this Agreement, or when you are using the Products and Service in violation of the law.
(v) By using our Services, you acknowledge that the Products and Services may be limited in certain circumstances and may not work 100% of the time. We will not be liable for errors in transmission or for failure to establish connections.
(vi) You may not be able to utilize our Services, if the Efonica CPE and/or Customer CPE fails; if the power required to operate your computer or supply the modem, if applicable, fails; if your computer experiences hardware or software problems and/or viruses; if your Internet service provider fails to provide adequate services for any reason; if your hardware or software is improperly installed; or if you are blocked or otherwise unable to access our network. In addition, our Services may not be compatible with certain fax machines, firewalls or home alarm systems.
(vii) The Services may not be compatible with Customer CPE, and we are not required to maintain or repair Customer CPE, or make the Services compatible with your Customer CPE.
(viii) By using our Products and Services, you acknowledge that communications and data transmissions may appear to be "international", "interstate" or "intrastate" and due to the nature of VoIP, may actually be classified differently by federal, state or local governments.
(ix) By using our Products and Services, you acknowledge that there are certain regulations and rules that may apply to the location from which you are utilizing the Services, and that they may be materially different from jurisdiction to jurisdiction. You agree to abide by all local rules and regulations, including the exportation of data from the U.S. or other applicable jurisdictions.
(x) We reserve the right to perform maintenance on or upgrade our network, our infrastructure, our Website, our Products and Services, or your Account, without prior notice or liability, even if such actions cause a partial or full disruption of the Services. We may, at our sole discretion, add, change or delete features of our Website, features or functionality of our Products and Services, or features of your Account. We may change the eNumber issued to your Account, as we deem fit and without notice or liability to you. The eNumber issued to your Account when preceded by the Internet Area Code shall at all times remain our property.
(f). Limitation of Efonica's Liabilities.
(i) Efonica's liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects which occur in the course of furnishing Products and Services or for any other reason, shall in no event exceed an amount equivalent to the proportionate charge to you for the period during which the faults occurred. In the event that you experience a loss of service due to our fault, we will provide you with a credit on a pro-rata basis for the period of time that the Service was unavailable. In order to receive a credit, you will need to provide us written notice within ten (10) days of the service interruption. The credit shall be applied to your next service invoice; provided, however, that such credit shall not exceed $50.00.
(ii) Efonica shall not be liable for claim or loss, expense or damage (including indirect, special or consequential damage), for any interruption, delay, error, omission, or defect in any Product and Service, facility or transmission provided under this Agreement, if caused by any person or entity other than Efonica, by any malfunction of any product or service or facility provided by any other provider, by an act of God, fire, war, threat of terrorism, civil disturbance, or act of government, or by any other cause beyond Efonica's direct control.
(iii) Efonica shall not be liable for, and it, and its directors, officers and employees shall be fully indemnified and held harmless by Customer against any claim or loss, expense, or damage (including indirect, special or consequential damage) for defamation, libel, slander, invasion of privacy, infringement of copy´┐Ż€‘right or patent, unauthorized use of any trademark, trade name or service mark, unfair competition, interference with or misappropriation or violation of any contract, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data, information, or other content revealed to, transmitted, or used by Efonica under this Agreement; or for any act or omission by you; or for any personal injury, property damage or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use or removal of Efonica CPE, Customer CPE; or failure or inability to access emergency services.
(iv) in no event shall Efonica be liable to you or any third party for any loss, expense or damage for (i) loss of revenue, profits, savings, business or goodwill, and (ii) exemplary, proximate, consequential, or incidental damages.
(g). Warranty.
(i) OTHER THAN THE LIMITED WARRANTY SET FORTH BELOW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES, CUSTOMER CPE OR EFONICA CPE THAT ARE THE SUBJECT OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION, WHETHER EXPRESS OR IMPLIED, HAS BEEN OR IS MADE BY US.
(ii) Notwithstanding the limitations above, if the Efonica CPE is defective at any time during the applicable warranty period, as indicated in the Efonica CPE specifications published on our Website, and the defect is not due to your negligence, abuse or your violation of this Agreement, we will replace or repair the defective Efonica CPE, as we deem necessary. You will be responsible for the payment of all shipping and handling charges. Customer CPE will be subject to the applicable warranty, if any, of the third party who supplied the equipment to you.
(h). Equipment. You are responsible for all costs at your premises, including but not limited to personnel, wiring, computer equipment, Internet access, electrical power, and the like, incurred in the use of the Services. Feel free to contact us if you need assistance with the installation or use of the Efonica CPE. In the event you have Customer CPE, please contact the supplier or manufacturer for service related questions.
(i). Software.
(i) License. Efonica hereby grants you a nonexclusive license (or sub-license) to install and use the Software in machine-readable form solely on your business or personal computer(s) and in conjunction with your use of the Products and Services or Customer CPE. The term "Software" shall mean the computer programs developed, licensed or acquired by Efonica in object or executable-code versions only, licensed by you under this Agreement. The term "Software" includes updates and patches made available to you.
(ii) Restrictions. Efonica retains all right, title, and interest in and to the Software and accompanying documentation, and any rights not expressly granted to you, are herein reserved by Efonica. You may not copy, reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent (if at all) expressly permitted under any applicable law. If applicable law expressly permits such activities, any information so discovered or derived shall be deemed to be the confidential proprietary information of Efonica and must be promptly disclosed by you to Efonica. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease or loan the Software. You may not reproduce, distribute, publicly perform, publicly display or create derivative works of or based on the Software or any part thereof.
(iii) No Warranty. You EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT your SOLE RISK. THE SOFTWARE (AND TECHNICAL SUPPORT, IF ANY) IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, Efonica AND ANY APPLICABLE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Efonica DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET your REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, Efonica DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Efonica OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
(iv) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Efonica, ITS SUBSIDIARIES, AFFILIATES OR any of THEIR shareholders, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Efonica OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
(v) Termination. Upon termination of this Agreement, you must delete or destroy all copies of the Software in your possession and, if requested, provide Efonica evidence in writing that you have done so.
(vi) Export. The Software may be subject to the laws and regulations of the U.S. Government. You agree and certify that neither the Software nor any other technical data received from Efonica, nor the direct product thereof, will be exported, re-exported, or transferred, except as authorized and as permitted by the laws and regulations of the U. S. Government. Prohibited exports include but are not limited to; the export, re-export, or transfer of the Software or technical data to any prohibited entities or destinations subject to the U.S. Government's current list of restricted or embargoed countries, any parties currently listed on the U.S. Government's Denied Parties or Specially Designated National list, and any proliferation activities prohibited by the U.S. Government such as chemical, biological, nuclear or missile technology. If you are using the Software outside the U.S., you agree to be bound by all laws in the jurisdiction in which you are using the Software.
(vii) Third Party Software. The Software incorporates certain components licensed by Efonica from third parties. You agree that you will not use the third party components except in conjunction with use of the Software.
(j). Privacy.
(i) Privacy Policy. Our Privacy Policy governs the manner in which we agree to use and, if applicable, disclose your Personal Information (as defined in the Privacy Policy). We recommend you review the Privacy Policy in detail. The Privacy Policy is incorporated by reference into this Agreement.
(ii) Third-Party Networks. We utilize the public Internet and other third-party networks in conjunction with the provision of our Services and the Website. We do not represent that the Internet or any third-party network will protect the privacy of your Personal Information and expressly deny any liability associated therewith.
(iii) Monitoring. Consistent with our Privacy Policy and applicable laws, we may monitor your Account and your use of the Website and/or Services.
(iv) Emergency. You allow us to disclose Personal Information in the event our business is at risk or in an emergency.
(v) Orange Pages. Unless you opt out, we will list your first and last name and your eNumber in our Orange Pages. This means your name and eNumber will be visible to other users and the general public. You are not required to participate or list your name and eNumber in our Orange Pages to use our Service. We are not responsible for third parties who use the information obtained via the Orange Pages, and you agree to hold us harmless for any use thereof.
 
3. Financial Terms.
(a). Prices and Charges. Prices and charges vary by Product and Service and are posted on our Website. We may add to, change, or delete prices and charges from time to time, including, but not limited to, the addition or subtraction of countries or territories and types of calls (such as mobile/cell and special networks) for both our per-minute and monthly-recurring plans. We may decrease prices and charges without advance notice, which decreases shall be effective at 24:00 GMT on the date they are posted on our Website. Increases to prices and charges shall be effective at 24:00 GMT one (1) day after their posting our Website. Any increase to charges or prices that are imposed by any government or regulatory agency, or that are intended to recover our costs associated with government or regulatory programs may, at our sole discretion, be effective immediately upon posting to our Website.
(b). Taxes, Surcharges, and Fees.
(i) Governments and Regulatory Agencies. Federal, state, local and other governments or regulatory agencies may assess taxes, surcharges or fees on your use or purchase of our Products and Services. These taxes, surcharges and fees may be flat fees or a percentage of your charges, may or may not be assessed according to your physical location, and may change from time to time, with or without notice to you. You are responsible for all applicable government and regulatory agency taxes, surcharges and fees, including, but not limited to, federal, state, provincial, municipal, local, sales, use, excise, value-added, personal property, and public utility taxes, now in force or enacted in the future, that arise from or as a result of your subscription to, use of or payment for our Products and Services. Such amounts are in addition to charges paid for those Products and Services, and will be invoiced along with such charges. If you are exempt from any or all taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status. Tax exemption shall only apply from and after the date we receive such certificate.
(ii) Other Surcharges and Fees. In addition to any taxes, surcharges and fees imposed by governments or regulatory agencies, Efonica reserves the right to charge various surcharges and fees, which may vary by Product and Service and are posted on our Website. Surcharges and fees may include, but are not limited to activation fees, late or unfulfilled payment fees, service restoration fees, early termination, cancellation and disconnection fees, regulatory recovery fees, and E911 compliance fees. We reserve the right to add to, change, or delete such surcharges and fees from time to time. We may delete or decrease fees without advance notice, which deletions or decreases shall be effective at 24:00 GMT on the date they are posted on our Website. Increases to surcharges and fees shall be effective at 24:00 GMT one (1) day after their posting our Website. Any increases to surcharges or fees that are imposed by any government or regulatory agency or that are intended to recover our costs associated with government or regulatory programs may, at our sole discretion, be effective immediately upon posting to our Website.
(iii) Recharge Voucher and Prepaid Services. Recharge Voucher and other prepaid services expire on stated expiration date or one (1) year from first use, whichever is earlier.
(c). Billing and Payment.
(i) Responsibility. In particular and without limitation, you are solely responsible for any and all charges incurred as the result of any and all use of the Services associated with your Account, whether or not you authorized or intended such charges.
(ii) Invoice and Statement Periods, Format and Delivery. Billing periods and formats vary by Product and Service. We reserve the right to change the invoice and statement format, period and method of delivery from time to time, with or without notice to you. All invoices and statements shall be delivered electronically via the email address on file for your Account. It is your obligation to keep your Account information accurate and current. An incorrect or obsolete email addresses in no way releases you of any or all of your payment obligations.
(iii) Methods of Payment and Payment Authorization. We accept payment by credit card, debit card, wire and Recharge Voucher, as well as through various third-party payment and merchant agencies. All payments must be made in U.S. Currency unless otherwise stated on our Website. In the event that your chosen method of payment is credit card or debit card, your subscription to any of our billable ser billable Services, as well your purchase of any Efonica CPE, authorizes us to charge your credit or debit card. This authorization shall remain valid until you notify us in writing to terminate your authorization.
(iv) Prepayment. Charges for all Products and Services, including Efonica CPE, are to be paid in advance unless otherwise specified. All monthly-recurring charges will be billed one calendar month in advance.
(v) Late Payments. All charges not paid when due will be subject to a late fee that will not exceed the maximum allowable lawful rate. In the event we are required to provide services under a tariff, the late charge will be the amount stated in the tariff. If we do not receive your payment by the due date, you will be in breach of these Terms of Service and we may suspend or terminate your access to our Website and our provision of Services to you, without notice, or within such time as required by law, and all amounts due to us will accelerate and become due and payable without notice.
(vi) Failure to Pay. If your payment obligations to us are unfulfilled for whatever reason, we may suspend or terminate your Account and we reserve the right to terminate this Agreement. We reserve the right to charge you an additional $15.00 (U.S.) or 2% of the outstanding balance, whichever is greater, subject to applicable laws. You further agree to pay all costs of collections, including reasonable attorneys' fees, incurred by us in the collection of any and all unpaid amounts, breach of the contract actions, and past due amounts.
(vii) Charges in Error, Billing Disputes. If you believe you have been charged in error you must notify us in writing within thirty (30) days after delivery of your statement or invoice or within seven (7) days after receipt of your credit card or bank statement. All such disputes should be sent via governmental mail service or other standard delivery service, to the attention of the Billing Department of Efonica , 236 North Anthony st,  Bridgeport, CT 06606. Absent any notice from you as per the above, all charges and invoices will be considered correct and binding.
(d). Service Suspension, Termination and Restoration. We may suspend or terminate your Account, and may terminate this Agreement, if you fail to meet any or all of your payment obligations. We may, at our sole option, choose to restore or re-establish your access to our Website and our provision of Services, which have been suspended or disconnected for nonpayment of charges, prior to payment of all charges due. Such restoration or re-establishment shall not be construed as a waiver of our right to receive full payment for all charges due or any rights to suspend or disconnect Service for nonpayment of any such charges due and unpaid or for the violation of the provisions of these Terms of Service; nor shall the failure to suspend or disconnect Service for nonpayment of any past due Account or Accounts operate as a waiver or estoppel to suspend or disconnect service for nonpayment of such Account or of any other past due Account. Should Service be suspended for nonpayment of charges, it will be restored when appropriate payments are made and at our discretion.
(e). Termination Notice, Disconnection/Cancellation Fees. All Services that are billed on a monthly-recurring basis require that you provide us with thirty (30) days' written notice of your desire to cancel. You are responsible for all charges for thirty (30) days from the date of receipt of your termination notice, and you may be charged a cancellation or early termination fee. If your service is disconnected due to your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, and you may be charged a disconnection fee. Efonica shall pursue collection for unpaid balances on disconnected Accounts, and may report to credit bureaus. We will charge your method of payment on file for the disconnection fee, if applicable, and any other outstanding charges.
(f). Refunds. If you subscribe to a billable Product or Service, the minimum applicable invoice period for which charges and all associated taxes, surcharges and fees will be assessed is one (1) month, unless otherwise specified in this Agreement. If you request that we discontinue providing any Products or Services to you prior to the expiration of the minimum period, all charges are applicable as per above, whether the Products or Services are used or not. You may request a refund of any unexpired prepaid balance in writing, sent via governmental mail service or other standard delivery service, to the attention of the Billing Department of Efonica , 236 North Anthony St, Bridgeport CT 06606. Refunds will be net of any and all applicable taxes, surcharges and fees.
(g). Authorization to Verify Credit Rating. If we request, you agree to supply us with information necessary to verify your credit rating prior to providing you access to our Website or any Products or Services, and we also may, during the term of this Agreement, update our information regarding your credit rating without notice to you. We will keep any information received from the credit bureau confidential. If we bill you for Products or Services, we may set a credit limit based on your payment history and/or credit rating from consumer credit reporting agencies. If we do this, we will notify you of your initial credit limit and of all changes. If you exceed your credit limit, we may restrict your access to our Website or limit our Products or Services without notice. If you fail to make timely payments, we may also lower your credit limit.
(h). Deposit. If we determine, prior to providing you access to our Website or any Products and Services, or during the term of this Agreement, that we need a deposit to insure your payment, we may require you provide us with a deposit. In the event we require a deposit, the deposit will be held and applied as required by law. We may apply your deposit to past due obligations, and any fees or other assessments to your Account without notice to you.
 
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4. Trademarks.
 
You agree not to use any of our trade names, trademarks, service marks or logos without our express written consent.
 
 
5. Service Disconnection.
 
We reserve the right to terminate any of the Services or your use of any Efonica CPE in the event you are in violation of this Agreement. We may be required by law to interrupt your service in the event it causes interference to other parties or equipment.
 
 
6. Indemnification.
 
You agree to indemnify and hold us harmless along with our stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense or liability, including without limitation, court costs and reasonable attorneys' fees, arising out of, in whole or in part, directly or indirectly, (i) the installation, hook-up, or maintenance of the Products and Services or Customer CPE; (ii) your use of the Products and Services or Customer CPE; (iii) your violation of any applicable laws; and (iv) your breach of this Agreement.
 
 
7. Dispute Resolution.
 
(a). Arbitration. In the event of any controversy or claim arising from or related to this Agreement, its performance or interpretation, the parties, in good faith, initially will attempt to resolve the dispute between them. Failing such resolution, the dispute will be settled by binding arbitration conducted in accordance with the Arbitration Rules of the American Arbitration Association ("AAA Rules"), as amended by this Agreement and judgment upon the award rendered by the arbitrator(s) may be entered by any court with jurisdiction. The location of the arbitration shall be New York, New York. The cost of the arbitration, including the fees and expenses of the arbitrator(s), shall be shared equally by the parties, unless the arbitration award provides otherwise. Each party shall bear the cost of preparing and presenting its case. The arbitrator(s) are not empowered to award damages in excess of compensatory damages and each party irrevocably waives any damages in excess of compensatory damages.
(b). Action to Collect Charges. Notwithstanding the above, Efonica shall be entitled to receive attorneys' fees and costs in the event it is required to institute an action to collect any amounts owed for Products and Services under this Agreement. In the event Efonica is required to initiate such an action, it shall not be limited to arbitration but may bring the action in civil court.
 
 
8. Governing Law.
 
This Agreement shall be governed by, construed under and interpreted in accordance with the laws of the State of New York without regard to the conflicts of law principles thereof.
 
 
9. Severability.
 
This Agreement is made expressly subject to all present and future valid orders and regulations of any regulatory body having jurisdiction over the subject matter hereof and to the laws of the United States of America, any of its states, or any foreign governmental agency having jurisdiction. In the event this Agreement, or any of its provisions, shall be found contrary to or in conflict with any such order, rule, regulation, or law, this Agreement shall be deemed modified to the extent necessary to comply with any such order, rule, regulation or law, provided that such modification is consistent with the form, intent and purpose of this Agreement. If any provision of this Agreement or part thereof is stricken in accordance with this section, then the stricken provision shall be replaced, to the extent possible, with the a legal, enforceable, and valid provision that is as similar to the stricken provision as is legally possible.
 
 
10. Notice.
 
(a). To you: In the event we are required to provide you with notice under this Agreement, we will provide electronic notice to the e-mail address we have on file. In the event you change your e-mail address, please advise us immediately. By your acceptance of these Terms of Service, you agree to electronic delivery for all required notifications, unless other provided for herein.
(b). To us: Unless expressly stated otherwise in this Agreement, in the event you are required or desire to provide us with notice, please send all correspondence to our corporate headquarters as follows: Efonica, 236 North anthony st, Bridgeport CT 06606
 
 
11. Waiver.
 
The failure of either party to enforce or insist upon compliance with any of the provisions of this Agreement or the waiver thereof, in any instance, shall not be construed as a general waiver or relinquishment of any other provision of this Agreement.
 
 
12. Binding Effect.
 
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns and any User who uses the Services under your Account.
 
 
13. Assignment.
 
You shall not assign any or all of your rights or obligations under this Agreement, the Account or transfer ownership of any Products and Services without our express written consent.
 
 
14. Amendment.
 
This Agreement may not be amended except by an instrument in writing, executed by the parties. The acknowledgment or acceptance hereto shall effect no modification or amendment by either party of any purchaser order, sales acknowledgment or other similar form from the other party.
 
 
15. Merger:
 
This Agreement (including its exhibits) supersedes and merges all prior agreements, promises, understandings, statements, representations, warranties indemnities and covenants and all inducements to the making of this Agreement relied upon by either party herein, whether written or oral, and embodies the parties' complete and entire agreement with respect to the subject matter hereof. No statement or agreement, oral or written, made before the execution of this Agreement shall vary or modify the written terms hereof in any way whatsoever.
 
 
16. Language.
 
This Agreement is drafted in English but may be translated into other languages. In the event of any discrepancy or inconsistency between the English version and translated version, the language set forth in the English version shall prevail.
 
 
16. Account Expiration Terms.
 
Account Initial Balance or Recharge amount              Expiry (From First Use)
5$, 10$                                                                                                   3 Month
25$, 50$, 100$                                                                                     6 Month
 
All accounts have 1 Year Shelf Life if never used.
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