VOIP and SIP Terms Of Service

PLEASE REVIEW THE FULL DOCUMENT HERE:   Futra Solutions VoIP TOS

• Current as of 3/1/2018 (Please view downloadable document for items have been updated)
•  This agreement (together with all exhibits, appendices and other agreements, documents, rules and regulations, attached or linked hereto or referenced herein, as the same may be amended from time to time, including as posted on the Web Site, the “Agreement” or the “Customer Terms of Service”) is made by and between Futra Solutions Inc (“we,” “us”, “Futra”, or “Futra Solutions”) and the user (“you,” “user”, or “Customer”) of Futra’s information services, telecommunications services, including, without limitation, Basic, unlimited, direct inward dialing (“DID”) telephone numbers, toll-free telephone numbers, SIP trunking, and other telephone services, and/or any related Equipment (as defined below), services, features and functionalities described on the Web Site (together with any related documentation, the “Service”). By subscribing to, activating, and/or using the Service, you acknowledge that you have read and understand these terms and conditions and agree to be bound by them and by the terms of Futra’s applicable state and/or federal tariffs, rate schedules, and public disclosures, if any, which are incorporated into this Agreement by reference. You also represent that you are at least 18 years of age and are legally capable and authorized to enter this Agreement and become bound by its terms as an individual or as an authorized representative of an organization. The term “Equipment” refers to any products, devices, and/or equipment used in conjunction with any Service, including an IP phone, multimedia terminal adapter, analog telephone adapter, or any other IP connection device. In the event of a conflict between any service description, FAQ, or other terms regarding the Service located on the Web Site and these Customer Terms of Service, the latter shall govern.
• TERM OF SERVICE :  Initial Term. Service is provided for a term of one calendar month of twenty-eight (28), thirty (30), thirty-one (31) days, depending on the month (the “Term”). The Term begins on the 16th day of the month that you purchase the Service (the “Commencement Date”) and ends on the 15th day of the next month. You are purchasing the Service for the full length of the applicable Term. This means that if you terminate Service prior to the end of the then current Term (which shall constitute a Default as described below), you will be responsible for the full Term’s charges as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, and any applicable disconnection fee, as described below (collectively, “Default Charges”). In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.
•  Renewal. The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify Futra Solutions of non-renewal at least fifteen (15) days before the end of the then current Term by calling customer service.
•  Termination. We reserve the right, in our sole discretion, to modify, suspend, or terminate the Service without notice for any reason, including without limitation, for your failure to pay any sum due hereunder, for suspected fraud or other activity, for your termination of the Service prior to the end of the then current Term, and/or for any other breach of this Agreement (each, a “Default”). We reserve the right to determine, in our sole discretion, what constitutes a Default and you agree that our determination is final and binding on you. In the event of a Default, you shall pay Futra Solutions all Default Charges within fifteen (15) calendar days of your receipt of a bill for such charges, and shall reimburse Futra Solutions for all attorney, court, collection and other fees and costs incurred by Futra Solutions in the enforcement of its rights hereunder. Notwithstanding the foregoing, you may switch to a higher cost plan at any time without being in Default. In the event you make such a switch during a Term, you will be billed new amount at the next billing cycle.
• Some of Futra’s plans and other Services are offered on an “unlimited minutes”. All unlimited plans:

1. May only be used for normal business purposes, not including call centers or other type of “call blasts” or marketing campaigns.
2. Are provided only for dialog between two individuals at any given time per extension.
3. Exclude international calling, which is available for an additional fee.
4. Unlimited plans also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
5. Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously).
6.Bulk call-in lines (e.g., customer support or sales call centers, “hotlines”, 900 numbers, sports-line numbers, etc.).
7. Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).

•  In addition, unusually high usage of the Services may impair Futra’s ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in  which case Futra may suspend or terminate your account or, upon prior notice, convert your account to a metered calling plan that charges higher usage rates. Inbound toll-free calls from a toll-free number assigned to this account will be billed separately. Futra Solutions reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
• EMERGENCY SERVICES- 911 DIALING      Futra Solutions 911 and E911 Service Overview. Futra Solutions provides all of its two-way phone service subscribers with basic 911 (which refers to the ability to connect a 911 call to a public safety answering point or “PSAP”) and provides enhanced 911 or “E911” (which refers to the additional ability to provide the PSAP with the caller’s telephone number and location) where available. Customers utilizing one-way calling services or over-the-top (OTT) application only, including MAC or PC softphones and mobile applications available on iOS and Andriod, do NOT have direct access to E911 service. If you opt for one-way calling services or OTT application service from Futra Solutions and require E911 service, you must make special arrangements with us, and execute an additional E911 service agreement.  IN THE EVENT OF AN EMERGENCY WHILE USING ONE-WAY CALLING SERVICES OR OTT APPLICATION ON YOUR WIRELESS PHONE, HANG UP AND DIAL YOUR LOCAL EMERGENCY NUMBER. YOU MUST UTILIZE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL OR WIRELESS CARRIER TO MAKE AN EMERGENCY CALL
  With E911 service, your registered address and phone number is automatically delivered to the proper local emergency call center. This information appears on the emergency dispatcher’s computer screen. If you live in an area where E911 has not yet been deployed, your call will be routed to an emergency call center through the traditional 911 network based on the information on record, however the dispatcher will not have your address and may not have your phone number. In order to provide 911 and E911 service, Futra Solutions must know the physical location of the Futra Solutions analog telephone adapter or the physical telephone instrument provided to you in connection with activation of the Service (the “device”). You will be prompted to provide this information during sign-up. If this address is not accurate OR IF YOU MOVE YOUR DEVICE TO ANOTHER LOCATION, EVEN TEMPORARILY, you must call customer service at 941-254-6900 to update the physical location of your DEVICE. IF THE PHYSICAL LOCATION OF YOUR DEVICE IS NOT ACCURATELY ON RECORD, EMERGENCY SERVICES WILL NOT BE ABLE TO LOCATE YOU IF YOU ARE UNABLE TO SPEAK YOUR ADDRESS OR ARE DISCONNECTED (EVEN IN AREAS WHERE E911 SERVICE IS AVAILABLE) DURING A 911 CALL AND/OR THE CALL MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. Per Federal Communications Commission requirements, customers utilizing the two-way communications service ARE NOT permitted to “opt out” of 911 service.  If you are using an OTT application, you must request 911 service be added.    IF YOU HAVE NOT AGREED TO THE FUTRA SOLUTIONS E911 SERVICE AGREEMENT, DO NOT ATTEMPT TO CONTACT EMERGENCY SERVICES OVER ONE-WAY CALLING SERVICES OR VIA THE OTT APPLICATION.  HANG UP AND DIAL 911 VIA YOUR UNDERLYING TELEPHONE SERVICE OR WIRELESS SERVICE.
• PAYMENT  Payment Methods. Upon purchase of the Service, you will be billed by us every month around the 16th day of the month via email. You agree to provide Futra Solutions with a valid address in which to send the invoice to. You may pay invoice by check or we as prefer online payment (information will be on the invoice. If you choose to do so You also provide us with a valid credit card number (Visa, MasterCard, American Express, or Discover) to keep on file. You authorize us to charge such credit card number for all charges and fees relating to the Service. You must notify us of any change to your credit card information including, but not limited to, the account number, expiration date, billing address and/or other validation information. We reserve the right to transfer customer’s authorization to charge their credit card onto any new credit card replacing existing one. We are not responsible for any charges assessed by the credit card issuer or bank on your account for exceeding your credit limit, insufficient funds or any other reason. If we suspect fraud, we may immediately suspend your account without notice. Futra Solutions reserves the right to charge a fee for any chargebacks unless in connection with a valid dispute recognized by Futra Solutions as due to Futra Solutions’ error.
• Taxes. You are responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility, regulatory (including Universal Service Fund) and/or other taxes, fees and charges now in force or enacted in the future, that arise from or are imposed as a result of your subscription, payment or use for or of the Service. Such amounts are in addition to all other charges for the Service and will be billed to your account.
• Regulatory Recovery Fee. For each Number (virtual or otherwise), Futra Solutions charges a “Regulatory Recovery Fee”. This charge recovers our costs of contributing to and/or participating in various Federal, state and local regulatory programs, including FCC Regulatory Fees. The amount of this fee may be fixed or variable (i.e. based on a percentage of billed revenue) and, as with all of our pricing, is subject to change without notice.
• Toll Charges and Plan Minutes. Every call using the Phone Service that originates from or terminates in the Public Switched Telephone Network (“PSTN”) or any other network (including other VoIP networks) other than the Futra Solutions network (an “Out of Network Call”), counts against included plan minutes and/or is subject to the then applicable charges associated with your particular Service plan. Call durations will be calculated in one-minute increments and fractional minutes will be rounded up to the nearest whole minute. If the computed charge for a call or for any taxes and/or surcharges, includes a fraction of a cent, the fraction will be rounded up to the nearest whole cent. You may be charged for dialing an International phone number regardless of whether the called party answers the call. Higher toll charges may apply to calls made to International mobile numbers, information services or premium rate telephone numbers. Futra Solutions reserves the right to prevent calls to certain international destinations.
•  Billing and Credit. For all Service plans, fixed charges will be billed to you in advance on the first day of each Term. Toll, usage based, and all other applicable charges will be billed monthly in arrears. We will email you a monthly statement (or a link thereto) which shows recent billing activity. If you require a paper statement, we can email you a PDF version of your Call Detail Report. In some cases, we may agree to send you a monthly statement by postal mail. However, an additional fee may apply. Our provision of Service to you is at all times subject to credit approval by us. You agree to provide us with such credit information or assurance as we may reasonably request from time to time. You acknowledge that we may discontinue credit at any time without notice and/or require a deposit. In the event you dispute any charges billed to you, you must notify us in writing within ten (10) days of the date of the applicable statement or you will waive any objection and any further remedy with respect thereto. Written statements disputing charges must be sent to 4523 30th Street W, Unit A116, Bradenton FL, 34207
• Delinquent Accounts. If you fail to pay your bill when due for any reason, Futra Solutions may suspend or terminate the Service without prior notice, in which case all accrued charges shall be immediately due (including Default Charges if assessed by Futra Solutions), plus a late fee to cover our administrative costs of the greater of 1.5% per month or $5.00 per month (to the extent permitted by applicable law) accrued from the date of invoice until payment in full is received by Futra Solutions. We will not reactivate a suspended account until we receive payment in full, at which time it will be subject to a $10.00 account reactivation fee. Although we may suspend your account, you are not eligible for a pro-rated refund for the time that your account was suspended. If we terminate your Service, your account will be terminated, and all files, emails, settings, configuration and other data stored by Futra Solutions will be deleted and your phone number(s) may be reassigned. If collection efforts are required on amounts due to us that are delinquent, you shall be liable to Company for all costs of collection including reasonable attorney’s fees and fees of any outside collection agencies.
•  Numbering resources.  Futra Solutions reserves the right to reclaim any phone number assigned to your account if you do not send sufficient traffic over that phone number such that the number is considered to be unutilized or underutilized by any local, state, or federal authority, or by any national regulatory agency or governmental organization charged with overseeing numbering resources and administration.  Reclaimed numbers will be returned to the relevant numbering administrator that provided the number to Futra Solutions. If we are required to reclaim a number from your account, we will provide you at least two (2) weeks’ notice, unless we are prevented from doing so by the applicable regulatory agency, governmental organization, or numbering administrator.  If your account has been suspended, we may not provide notice that the number is being reclaimed.
• CHANGES TO AGREEMENT, SERVICE AND PRICING: WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO REFUSE OR DISCONTINUE SERVICE TO ANYONE FOR ANY REASON AND TO CHANGE OR CANCEL THE SERVICE, THE PRICING AND/OR THIS AGREEMENT AT ANY TIME. EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, SUCH CHANGES OR CANCELLATIONS MAY BE MADE WITHOUT NOTICE AND WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE SAME (OR A MODIFIED OR AMENDED VERSION OF THE AGREEMENT) ON THE WEB SITE AT WWW.MYFUTRA.COM (UNDER LEGAL). YOUR USE OF THE SERVICE AFTER SUCH CHANGES OR CANCELLATIONS HAVE BEEN POSTED ON THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE SAME. FOR THIS REASON, IT IS STRONGLY RECOMMENDED THAT YOU PERIODICALLY REVIEW THE WEB SITE.