Terms And Conditions

These articles given here in below govern the terms under which axisconvergence.com., (variously referred hereinafter as 'axisconvergence.com', 'us' or 'we') provides various communication services ( hereinafter referred to as Service), (including Axisconvergence-ATA, Axisconvergence-Softphone and or any other device or service or software made available to you under these terms to be used in conjunction the said services , herein after referred to as 'Device' or 'Equipment') to you the customer (variously referred hereinafter as 'you', 'user' or 'customer') 1.Agreement. These terms and conditions constitute the entire agreement between you and us. 2.Retail Customer: You will be deemed a Retail Customer if you have bought the Service from any retail stores, agent or dealer duly appointed by us in this regard. 3.You do hereby warrant and represent by using the service or activating the service,that: a.You are of legal age. b.You are legally capable of entering into agreements. c.You have fully read the terms and conditions of this agreement 4.911 , Emergency Services. a.Customers will not have access to either basic 911 or enhanced 911 (E911) service. b.You are hereby required to advise all users of your Axisconvergence phone of the above provisions, limitations in dialing 911 using Axisconvergence phones. c.It is required that you provide exact physical location of each phone number you use for the service. Please go to our website www.Axisconvergence.com and enter or update the physical location when setting up the service or when you change your location. This is very important to ensure that help, you require and desire does not go to your earlier physical location when you call for help. d.Disclaimer:Axisconvergence asserts it has no control over or whether or the way and manner in which the local emergency response center answers or handles calls routed to them through your dialing '911' on our service. We disclaim all and any responsibility, liability or damages in whatsoever manner for the conduct of the local or National Emergency Response Centers, their call centers, agents or third parties involved in handling or otherwise servicing 911 calls. We disclaim any and all liability or responsibility in any transmission of data including third-party data resulting in incorrect call routing or yielding incorrect or wrong or erroneous result. Neither Axisconvergence, its officers, employees, agents may be held responsible for any claim, damage, loss either direct or indirect and you hereby agree to waive all and any claims in this regard or causes of action resulting from or relating to our 911 dialing service, unless such claims or actions result from our gross negligence, recklessness or willful misconduct. You agree to indemnify and defend Axisconvergence, or its officers, its employees or agents and any other service provider in this context from any and all claims, harm, losses, damages, fines, penalties, costs and expenses (including without limitation attorney fees) by, or on behalf, you or any third party relating to the absence, failure or non functioning of the Service including 911 dialing, incorrectly routed 911 dialing calls, and/or the inability of any user to be able to dial 911 or access emergency service personnel e.911 Arrangements: If you are not comfortable with the above limitations of 911 Service, you should consider having an alternative means of using the traditional 911 or E911 services, or disconnecting Axis Service. 5.Nature of Service a.Term: The Calling Card is valid for one month and there is no refund for the card. b.Change of Plan: You may request a change in the plan of service selected by you and the company may at its sole discretion grant your request subject to the following: i.You have no dues pending and your account is current. ii.You may be subject to a plan change fee of not more than $25 at the company?s discretion. iii.The plan change will be effective immediately upon the Company informing you of the change of plan. iv.The difference in charges, if any, including plan change fees, will be reflected from the next month?s invoice onwards. c.Home Use: Unless otherwise specifically mentioned, your Service is provided to you solely for residential use you may not sell, transfer, lease, and rent the service to any other party without written permission from us. You are prohibited from using the Service and Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including without exception and limitation, charitable, political, academic, polling, surveys), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. d.Business Use: If you subscribed to Axisconvergence business, the Service and Device are provided to you as a small business user or business traveler. You may not resell or transfer or rent or lease the Service or the Device to another party without our written prior consent. You are prohibited from using the Service and Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including without exception and limitation, charitable, political, academic, polling, surveys), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal small business or business traveler usage patterns. 6.Prohibited Uses. a.Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such disconnection, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Axisconvergence will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. b.Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such disconnection, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Axisconvergence will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others . Furthermore, Axisconvergence reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly. 7.Use of Service and Device by Customers outside the United States. Although we encourage you to use of the Service to place calls to foreign countries from within the United States and to use the Axisconvergence Service as you travel, we do not presently offer or support the Service in any countries other than the United States, Canada. Axisconvergence Service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is outside the United States, Canada or the UK, and/or your ISP places restrictions on the usage of VoIP services, Axisconvergence does not represent or warrant that use of the Axisconvergence Service by you is permitted by any other jurisdictions or by any or all the ISPs. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. We reserve the right to disconnect your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device in violation of laws of jurisdictions outside the U.S., Canada and the UK. 8.Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software. a.Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks. b.Unauthorized Usage of Device; Firmware or Software. you have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. Other than for Business Plus customers, you expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. 9.Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such disconnection, you will remain responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. 10.Theft of Service. You shall not use the Service in a manner calculated to avoid Axisconvergence policies and procedures. You shall not obtain or use the Services in an improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. Axisconvergence reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly. 11.Number Transfer on Service Disconnection. Upon the disconnection of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if: a.such new service provider is able to accept such number; b.your account has been properly disconnected; c your account is completely current, including payment for all charges and applicable disconnection fees; and d.You request the transfer upon disconnecting your account. 13.Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the internet, your underlying broadband service. Other things may affect Service, such as maintenance. Axisconvergence will act in good faith to minimize disruptions to your use of and access to Service. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. 14.Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement. 15.No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas. 16.No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address. 17.Incompatibility with Other Services. a.Home Security Systems. The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service. b.Certain Broadband, Cable Modem, and Other Services. You acknowledge that the Service presently is not compatible with AOL cable broadband service, certain versions of TiVO, and there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service. 18.CHARGES; PAYMENTS; TAXES; DISCONNECTION a.Billing. When the service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to : activation fees; monthly Service fees; usage charges; international usage charges; advanced feature charges; premium services/Add-ons, equipment purchases; regulatory recovery fee;; taxes; disconnection fees; and shipping and handling charges. The amount of such fees and charges shall be published on our website and may change from time to time. Axisconvergence may introduce new products and services at special introductory pricing. Introductory pricing may change at Axisconvergence's discretion. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50. Axisconvergence bills usage charges in full minute increments that are rounded up to the next full minute unless otherwise set forth in the rate schedules found on our website. Axisconvergence bills fractional usage charges in full cents that are rounded up when the value is $.005 or more and down when the value is less than $.005, unless otherwise set forth in the rate schedules found on our website. The above fees are defined as follows: Activation Fee - This fee covers charges for setting up your account and activating you on our system. Monthly Service Fee - This is the basic charge associated with your service. This fee includes the calling charges defined by your plan; the features associated with your plan and basic account services. Usage Charges - If you exceed the number of calling minutes on your plan, Axisconvergence will bill you for the minutes you use above your allowance. Axisconvergence also bills for calls to directory assistance and other information services. International Usage Charges - These are the fees associated with calls to locations outside of the US, Canada and Puerto Rico. However, if you are on an unlimited calling plan, Axisconvergence will not charge you for calls to France, Ireland, Italy, Spain and the UK that terminate to another Axisconvergence line or a landline telephone. Advanced Features, Add-Ons, Premium Services - Axisconvergence charges additional fees for enhanced features and services such as Virtual Phone Number and Softphone. Equipment Purchases - In most instances, you will pay for equipment associated with your Axisconvergence service with your credit or debit card. However, there may be occasions when Axisconvergence will offer you the option to bill equipment to your account. Regulatory Recovery Fee - A regulatory recovery surcharge of $0.99 applies to each phone number. Axisconvergence uses this fee to pay our regulatory-related fees and expenses, including taxes, number portability charges, and related legal fees. Taxes - Axisconvergence may be required to bill and collect local, state and federal taxes imposed on Axisconvergence customers by the various taxing authorities. Axisconvergence passes all taxes it collects on to the appropriate taxing authority. 19.Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any Axisconvergence charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to: Customer Care Billing Department Axisconvergence Inc., Mauritius.. -Or- billing@Axisconvergence.com NO Chargeback. You agree that you will not without notifying us and waiting for a minimum period of 7 days from date of such notification of any billing dispute to hear from us initiate any chargeback, stop of payment or any other action with your credit card provider and/or bank or payment gateway including payment sites such as Paypal. You agree that in the event of you initiating such a chargeback or stop payment or dispute mechanism in contravention of these terms, the company may at its sole discretion do the following: a.Revoke all free/special offers made to you (including free hardware, free minutes, free monthly charges, 30 day free trial offer or any other offer,) and you agree that you will be liable to be billed at normal commercial rates for all the services from date of registration. b.Treat your chargeback as a request for cancellation and initiate a cancellation under these terms and conditions and the company will be entitled to consider all balance as immediately due and charge your card/account for the same without further notice. 20.Payment and Collection. a.Payment. We only accept payment by credit or debit card via paypal. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges. b.Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees. c.Notices. You understand that it is difficult for Axisconvergence to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten days advance notice from Axisconvergence regarding the amount that Axisconvergence will debit from your account. Axisconvergence may send you messages about your billing from time to time, but Axisconvergence is not obligated to do so. Axisconvergence may change or cease its messages at any time without notice to you. 21.Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If your Service is disconnected on account of 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, including, without limitation, unbilled charges, plus the disconnection fee, if applicable, all of which will immediately become due and payable. Axisconvergence will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus. 22.Taxes. State and local governments may assess taxes, surcharges and/or fees on your use of Axisconvergence service. These charges may be a flat fee or a percentage of your Axisconvergence charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, 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 your 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 credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate. 25.Payphone Charges. If you use our "Axisconvergence toll plus" feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs. 26.Charges for Directory Calls (411). We will charge you $0.99 for each call made to Axisconvergence directory assistance. 27.LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES a.Limitation of Liability. We will 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: b.an act or omission of an underlying carrier, service provider, vendor or other third party; c.equipment, network or facility failure; d.equipment, network or facility upgrade or modification; e.force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; f.equipment, network or facility shortage; g.equipment or facility relocation; h.service, equipment, network or facility failure caused by the loss of power to you; i.outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party; j.any act or omission by you or any person using the Service or Device provided to you; or k.any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period. 28.Disclaimer of Liability for Damages. IN NO EVENT WILL Axisconvergence, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. 29.Indemnification and Survival. a.Indemnification. You shall defend, indemnify, and hold harmless Axisconvergence, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device. b.Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive. 30.No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE