Terms of Service
Latest Update: 09/01/11
Press8 Telecom reserves the right to change this Policy at any time, so please, check this page at least once a month or when in doubt. Press8 Telecom strives to provide the best possible service to all of our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Press8 Telecom customers and us against such harm.
Table of Contents:
- Account Ownership
- Indemnification Policy
- E911 Policy & Acceptable Use Policy
- Service Level Commitments
- Unlimited Use Policy
- Billing Increments
- Payment Policies and Fees
- Cancellation Policy
- 30 Day Money Back Guarantee
- Force Majeure
Account Ownership:
Press8 Telecom is only responsible to the present owner of the Press8 account. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your service to another party, you risk having your service and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account.
Indemnification Policy:
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Press8 Telecom services and facilities at your own risk. Press8 Telecom specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Press8 Telecom be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Press8 Telecom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Press8 Telecom, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Press8 Telecom against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with Press8 Telecom;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from Press8 Telecom.
Press8 Telecom shall be the sole judge of what violates this Policy.
E911 Policy & Acceptable Use Policy:
See E911 Policy or Acceptable Use Policy.
Service Level Commitment:
Press8 Telecom guarantees a service availability of 99.9% of the total applicable time for each month, otherwise a service credit will be provided to the eligible customer.
This service level does not apply to Internet connectivity provided to the customer by a third party, nor the software configuration used in setting up and routing voice calls, and is solely applicable based on the routing and transmitting of voice telephony calls originating and terminating to/from the PSTN (Public Switched Telephone Network).
Service availability credit:
| Monthly Cumulative Outage Time | Service Credit |
|---|---|
| 45 minutes to 190 minutes | 10% of billed monthly base plan charges |
| Greater than 190 minutes | 15% of billed monthly base plan charges |
In order to receive a service credit, the eligible customer must first open a trouble ticket to report service outage or the service affecting issue, and then submit a written request for a credit to Press8 Telecom within 15 business days of opening the said trouble ticket.
Unlimited Use Policy:
Press8 Telecom will periodically monitor and review the call capacities being used on unlimited usage service plans. Unlimited-use extensions are for the sole purpose of connecting a telephone device for use by a single operator. Unlimited-use extensions are limited to 3000 minutes per month which is considered normal phone usage. The use of connecting PBX devices or other telephony equipment that serves more than a single user/operator is prohibited. Press8 Telecom reserves the right to refuse service should such extension exceed (3) concurrent inbound and (1) concurrent outbound telephone call, including, but not limited to the use the telephone extension itself, and features capable of handling such capacities as hunt groups and queues. Only (1) forward is permitted per extension. Call concurrencies are not enforced as a hard limit, and action will only be taken should Press8 Telecom determine that high call concurrencies are due to abusive actions and/or having a service plan not capable of handling its call capacity. In the case of the latter, Press8 Telecom reserves the right to refuse service unless the client upgrades to a service plan suitable for its call volume.
NOTE: Overage for line concurrencies utilized above plan allowances are tolled at $.049/min. Line concurrencies on the Gold, Silver and Platinum plan are equal to the number of users provided in those plans. Additional users may be purchased at $24.99/mo./ea.
Billing Increments:
For all voice calls originating/terminating to/from the PSTN (Public Switched Telephone Network), the following billing increments are used:
- Domestic (US48/Canada): Initial billing increment: 6 seconds
- Domestic (US48/Canada): Additional billing increments: 6 seconds
- Mexico: Initial billing increment: 60 seconds
- Mexico: Additional billing increments: 60 seconds
- All other international destinations: Initial billing increment: 30 seconds
- All other international destinations: Additional billing increments: 60 seconds
- In order to avoid busy signals, extra lines will be auto-provisioned at a rate of 4.9 cents/min. You can always check your usage and charges in your control panel.
Press8 Telecom reserves the right to modify the billing increments outlined above, and will provide a minimum of 5 days notice customers.
Payment Policies and Fees:
By signing up for services with Press8 Telecom, you are agreeing that your service account will be automatically renewed, and your credit card will be charged (if you are paying by credit card). In general, our services are provided on a monthly basis (unless you've signed a quarterly, semi-annual, annual, or bi-annual agreement) and will be automatically renewed on the first day of each month unless you give us advance notice of cancellation in accordance our Cancellation Policy set forth below. Except for usage based fees, all fees are due in advance on the first day of each billing period. All usage based charges and any other non-recurring charges are due and payable in arrears on the first day of each billing period following the month they were incurred.
If you are paying by credit card (which is generally the case unless you have a separate agreement with us to pay by check), your card on file will be automatically charged on the first of each month for that billing period. Payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax.
Additional features can be added at any time. Monthly feature prices are not prorated. Press8 Telecom reserves the right to change prices or plans at any time.
Payment of Press8 Telecom invoices are due on the 16th of each month for services rendered the previous month.
Press8 Telecom charges a $25.00 fee for returned checks as well as charge backs. For international customers: check or money order funds must be drawn in US dollars.
A Late Fee in the amount of $25.00 or 1.5% (or the maximum amount allowed by law) of the outstanding balance, whichever is higher, will be assessed for all delinquent payments and will continue to be applied to your account every 30 days until the account is paid in full.
Accounts that are thirty (45) days past due will be subject to suspension.
Accounts that are suspended will have to pay a re-activation fee of $25 to have their account turned back on.
Accounts that are consistently 45 days past due will only be re-activated with a valid credit card number that will be used for all current and future payments.
All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Cancellation Policy:
You may cancel services at anytime by providing Press8 Telecom with a notice of your intent to cancel at least 72 hours in advance via telephone. You may only cancel services by calling into our Billing Department. Press8 Telecom will not accept cancellation via email, fax, contact form or other methods. Failure to cancel services in accordance with this section will result in ongoing service fees. Press8 does not offer refunds or credits for any subscription service time already expended. Promotion discounts will be charged at the purchase rate if an account is cancelled before the promotional period ends. Setup fees are non-refundable. All monetary transactions are in $US dollars.
Customers on Quarterly or Greater Billing Cycle: May receive a refund for unused balance with no discount on fees for services rendered. For example, if a customer is on a 12-month billing cycle and a requests cancellation seven (7) months into the contract, the refund will be calculated based on the total amount paid for the billing cycle less a recalculated monthly rate for the seven months used.
Customers on a Monthly Billing Cycle: Customers with monthly billing will not be offered a refund for unused time.
Setup fees, restoration fees, late fees, and most software license fees are non-refundable.
Accounts cancelled/terminated by Press8 Telecom for violating our Acceptable Use Policy do not qualify for refunds.
30 Day 110% Money Back Guarantee:
All service plans include a 30 day 110% money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund of services (minus add-ons and tolling fees) plus 10% if you cancel your account within 30 days of the activation.
Our refund policy does not apply to add-ons or VoIP phones. Any request for cancellation must be received via telephone. You may only cancel services by calling into our Billing Department. Press8 Telecom will not accept cancellation via email, fax, contact form or other methods. Failure to cancel services in accordance with this section will result in ongoing service fees.
Accounts cancelled/terminated by Press8 Telecom for violating our Acceptable Use Policy do not qualify for the 30 day 110% money back guarantee.
Please allow 4-6 weeks for refunds of check or money order payments.
Force Majeure:
Press8 is not responsible or liable to you for its failure to perform any of its obligations contributed to by causes or circumstances beyond its reasonable control including, without limitation, Internet outages, communications and cable outages, failure of third party services or products that interface or interact with the Services, labor strikes, lockouts, supply shortages, earthquake, fire, flood, war, act of God, criminal acts (e.g. computer hacking that circumvents reasonable security measures), bankruptcy of merchants or licensees, or any acts of governmental bodies or authorities.
We may modify any of the Terms of Service at any time, and in our sole discretion, by posting a change notice or a new agreement on our site.
