RingLogix Business Terms of Service
These Terms of Service for RingLogix, LLC (this “Agreement”) is a legal agreement between you (either an individual or an entity that you are representing, hereinafter “you”) and RingLogix, LLC and its suppliers and licensors (collectively “RingLogix”) for the RingLogix Services (the “Service” or “Services”).
If you are an individual entering this Agreement on behalf of an entity that you are representing, you represent and warrant that you have sufficient and appropriate authority to encumber said entity and are competent to do so.
Any of the following actions constitutes, without limitation or qualification, your approval to be bound by, and to comply with, the terms of this Agreement: (i) Your registering for Service anywhere on a RingLogix website and selecting “I Accept” or “I Agree” as part of the registration process; (ii) Your electronic or wet ink signature on a RingLogix Order Form; or (iii) Your use of the RingLogix Service.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL OR USE THE RINGLOGIX SERVICES.
1. PAYMENT & SERVICES.
1.1 Automatic Monthly Billing.
The Services are billed on a monthly basis with an automatic monthly renewal unless you cancel your service in accordance with Section 2 below. You agree to pay RingLogix the recurring monthly service charges, set-up charges and usage charges, if applicable, for your use of the Services plus any applicable taxes and fees as set forth in Section 1.5 below.
1.2 Usage Based Fees.
You have the option of selecting a per-minute billing plan for some of the RingLogix Services. Calls under this plan, international calls, and all usage-based fees are billed in real-time with the computed cost deducted from your prepaid account balance after each call is completed. RingLogix may from time to time allow usage-based fees to be billed in arrears in accordance with Section 1.9 below.
1.3 Payment Processing.
You agree to provide us with a valid email address and a valid payment method. You must advise us immediately if your email address changes and/or payment method changes or expires. Failure to comply may result in the immediate termination of Services. You authorize RingLogix to automatically bill the credit card or ACH bank account you provided, until you cancel the Services in accordance with the requirements of Section 2 below. You agree that RingLogix may receive updated information about your account from the financial institution issuing your credit card. RingLogix allows for ACH debit as a payment method. For those users who have selected that method of payment and have completed the RingLogix ACH Authorization Form, there will be a $25 fee charged for each ACH debit transaction attempt that results in a return value of ‘insufficient funds’.
1.4 Fee Payments & Late Charges.
Except for usage based fees, all fees are due in advance on the first day of each billing period. All usage based charges (including charges for calls to Alaska, Hawaii and international calls) and those calls that are billed on a per-minute billing plan, are due and payable in real-time out of your prepaid account balance immediately after the conclusion of each telephone call. Failure to pay in full will result in immediate account suspension and RingLogix shall have no liability for such suspension under any circumstances. Accounts will be reactivated, at RingLogix’s sole discretion, only when the account balance is paid in full and a $25 reconnect fee is paid. During any period of suspension for non-payment, Services will be unavailable to you until the account balance is paid in full.
Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes (computed automatically by RingLogix’s billing system and inserted in a line-item fashion on your bill) shall be and paid by you and will be added to any amounts otherwise charged for service to you unless you provide RingLogix with an appropriate exemption certificate.
1.6 Invoice Discrepancies & Currency Conversion.
All invoices are available for viewing and downloading online via the RingLogix user portal only. You agree to notify RingLogix about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to RingLogix`s attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. All transactions are charged in U.S. dollars (USD). Please remember that orders placed with us will be converted from USD to your currency by your credit card company when they process the transaction. RingLogix cannot be held responsible for any adverse currency fluctuations.
1.7 Release of Numbers.
You acknowledge that in the event of any account termination or cancellation, all telephone numbers associated with your account are released and may not be available to you upon your reactivation. Similarly, the cancellation of individual services which have associated telephone numbers will result in the release of such numbers. You acknowledge that it is your responsibility to work with a third party provider to port out those numbers prior to your termination or cancellation of your account or termination of services. A $5 charge per telephone number will apply for each number ported out of the RingLogix network. DID telephone number disconnects are not charged a disconnect fee.
1.8 Unlimited Voice Services.
Unlimited voice services are provided solely for live dialog between two individuals. Unlimited voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals. Unlimited voice services may not be used to aggregate traffic among multiple customers, businesses or offices. Service Providers or ITSP’s may not use unlimited voice services. If RingLogix finds that you are using an unlimited voice service offering for other than live dialog between two individuals, RingLogix may, at its option, terminate your service or change your plan to one with no unlimited usage components. RingLogix will provide notice that it intends to take any of the above actions, and you may terminate the Agreement. Further information regarding unlimited minute usage plans can be found in section 5.2 of this agreement.
Unlimited calling applies only to calls made within the continental United States and Canada (excluding the Canadian Northwest Territories). Calls to Alaska, Hawaii, Canadian Northwest Territories and all non-Canadian international calls are subject to additional usage-based charges.
1.9 International Calls and Postpaid Usage-Based Fees.
Calls to international locales are disabled by default and may be activated upon your request. Activation of international calling and other usage-based Services with with billing in arrears may require a minimum deposit and some additional processing. Failure to pay in full will result in immediate account suspension and RingLogix shall have no liability for such suspension under any circumstances. The current international calling rates can be found on our website or by contacting RingLogix Customer Care; AND ARE SUBJECT TO CHANGE FROM TIME TO TIME WITHOUT NOTICE.
1.10 Security of Customer Premise Equipment
Customer is responsible to secure all credentials used to access the Services, including credentials used by telephones, gateways, adapters, softphones or other devices (the “Devices”) and credentials used by end users or administrators to access the RingLogix user interface. Customer acknowledges that placing Devices on a publicly accessible internet protocol address or a publicly accessible network will subject the Customer to a higher level of risk for fraudulent activity, as will use of the Services using a network that has not been secured using best practice measures. Customer acknowledges that Customer bears the risk of loss arising from any unauthorized or fraudulent usage of the Services. RingLogix may, but shall not be required, to take action to prevent or terminate any fraud or abuse in connection with the Services.
1.11 800/Toll Free Offshore Rates
800/Toll Free inbound calls are rated at the quoted flat rate per minute or rate schedule with the exception of calls originating from the following locations:
- Alaska (area code 907) – $.48 per minute
- Canada (area codes 204, 250, 289, 306, 403, 416, 418, 450, 506, 514, 519, 604, 613, 647, 705, 709, 778, 780, 807, 819, 867, 902, 905) – $.09 per minute
- CNMI (area code 670) – $.35 per minute
- Guam (area code 671) – $.25 per minute
- Hawaii (area code 808) – $.12 per minute
- Puerto Rico (area code 787, 939) – $.19 per minute
- USVI (area code 340) – $.18 per minute
- Invalid ANI (defined as a number that is not 10 digits in length, not in the US48 states and not part of the above list) – $.06 per minute
RingLogix does guarantee that all 800/Toll Free numbers or RingLogix underlying providers, support calls origination from the above locations.
1.12 Payphone Surcharge.
In the event the Customer’s 800/Toll-Free telephone number receives any inbound calls originating from a Payphone, these calls will be subject to a charge per call. The charges are based on regulated FCC Payphone Compensation rules. These regulatory charges ($0.95 per call) will be passed through directly to the customer.
1.13 Ancillary Services.
List and publish and caller name identification (i.e., caller ID with name) Services that are provided by RingLogix are based on availability of such Services from RingLogix’s underlying providers. We do not guarantee that such Services are available for all numbers in all serving areas. RingLogix may introduce new ancillary Services to new and existing customers. Such ancillary Services may sometimes be offered on a trial basis for a specified period of time during which no fees shall apply to Customer. In some cases, the terms of the free trial may involve an automatic re-enrollment at the end of the trial unless the customer opts out of the trial and/or cancels the service during the term of the free trial. In no event shall RingLogix impose service fees on Customer for ancillary services without providing customer the opportunity to opt-out of the trial and/or to cancel the ancillary Service during a no-cost trial period.
1.14 Recording of Calls.
Some Services include functionality to facilitate the recording of calls. While some Services may provide a mechanism for automatically notifying parties when inbound calls are being recorded, no such recording ability is available for outbound calls. Regardless of whether calls being recorded are inbound or outbound, you agree and affirm that you and your users are responsible for obeying all state, local, and federal laws associated with the announcement and/or use of call recording. RingLogix accepts no responsibility for the use, or your misuse of, call recording or the announcement of its use.
1.15 Service Technical Requirements
The Services require a properly-configured, high performance, enterprise-grade broadband IP network and connection. Use of the Services with any network, services, or connection not compatible with the Services may result in partial or complete unavailability, interruption, or underperformance of the Services or other services utilizing the same network, services, or connection. Likewise, 2G, 3G, or LTE networks are not recommended for primary use with the Services. You will provide and maintain, at it your own cost, an IP network, services, and connection meeting the foregoing standard and all equipment necessary for the Services to connect to and use such network, services, and connection.
1.16 Notices from RingLogix.
RingLogix may provide you notice under this Agreement either by written document, email, voice mail or by publishing the information on the ringlogix.com website.
2. CANCELLATION OF SERVICES.
3. INITIAL TERM AND RENEWAL.
The Initial Term begins on the day RingLogix activates your Services. Upon expiration of the Initial Term, Services will automatically renew for successive periods of the same length as the Initial Term (each a “Renewal Term”) unless either Party gives notice of non-renewal at least thirty (30) days before the expiration of the Initial Term or the then-current Renewal Term.
4. RINGLOGIX RIGHT TO TERMINATE OR MODIFY SERVICES.
You acknowledge and affirm that RingLogix has no obligation to maintain, freeze, add, retain, enhance or customize features or Services. RingLogix reserves the right, in its sole discretion, with or without notice to discontinue, modify, repackage, reprice, replace or otherwise alter any products, plans, features, functionality, reports or any other element of the Service (“Changes”). You acknowledge and affirm that you agree to hold harmless and release RingLogix of any liability directly or indirectly related to any and all Changes made to the Service.
Recurring charges for the Services will, once incurred, remain in effect for the Initial Term (as described in an Order Form) or the then-current Renewal Term. RingLogix will provide notice of any proposed increase in such charges no later than thirty (30) days before the end of the Initial Term or then-current Renewal Term, and any such increase will be effective on the first day of the next Renewal Term. Administrative Fees that RingLogix is entitled to pass on to its customers as a surcharge pursuant to applicable Law may be increased on thirty (30) days’ written notice.
5. SERVICE USE RESTRICTIONS.
5.1 Compliance with Laws.
You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights and restrictions concerning call recording, call monitoring, call interception and/or direct marketing or telemarketing. RingLogix may provide you with guidelines regarding compliance with applicable regulation(s); however, you are solely responsible for ensuring that your use of the Services is in compliance with such regulations. You may only use the Services for your own use. You may not use the Services in any way to provide, or as part of, any commercial service or application or in any way interfere with the users, services or equipment of the network. You may not attempt to, in conjunction with any device, software program or service, circumvent technological measures employed to control access to the Service. In addition to any other remedies available in equity or law to RingLogix, failure to comply with any of the terms and conditions in this Section 5 (Service Use Restrictions) shall result in immediate termination of the Services.
5.2 Fair Use.
While most reasonable uses of our Services in connection with the terms of this Agreement are permitted by RingLogix, there are certain uses that cause extreme network capacity issues and interference with the network. Any use of the Services or any other action that causes a disruption in the network integrity of RingLogix services or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. Examples of such prohibited uses include, but are not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, constant dialing, iterative dialing, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with small business usage. You agree that you will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the Services. You agree and represent that you are purchasing the Services and/or the equipment for your own internal use only, and shall not resell, transfer or make a charge for the Services or the equipment without the advance express written permission of RingLogix.
RingLogix reserves the right to review usage of unlimited minute usage plans to ensure that you are not abusing such plans. You agree to use unlimited minute plans for normal voice or fax calls and will not employ methods or devices to take advantage of unlimited plans by using the voice or fax services excessively or for means not intended by RingLogix. You may not use unlimited minute usage plans to aggregate traffic across multiple businesses or customers or to resell service to other customers. Service Providers or ITSPs are prohibited from using unlimited minute usage plans. RingLogix may terminate service immediately if it determines, in its sole discretion, you are abusing the unlimited minute plan.
For purposes of this policy and your plan, “unlimited usage” means the combined number of inbound and outbound voice minutes, as determined by us in our sole discretion. We reserve the right to at any time to enforce this policy in accordance with its terms. You agree that your level of usage of RingLogix’s unlimited service plans will be comparable to that of the average small business customer utilizing such plans. RingLogix deems usage that substantially exceeds the average volume of its other unlimited usage plan customers as abusive. You agree that RingLogix has the right to terminate your service or charge you additional fees if your usage is considered abusive in the sole discretion of RingLogix. If it is determined that your usage is abusive, your service may, at RingLogix’s sole discretion, be moved to a metered per-minute rate plan at the rates in effect at the time of use. Customer may locate the currently effective rates in the RingLogix website or by contacting RingLogix Customer Care. RingLogix will alert you via email if your unlimited rate plan has been switched to the per-minute rate plan. You have the option of canceling service immediately in accordance with section 2 of this agreement.
6. PERSONAL INFORMATION AND PRIVACY.
7. E-MAIL NOTIFICATION.
To let you know what new Services are available from time to time, RingLogix may send you emails describing the latest Services, how to access the Services and changes to the Services. You agree that as a Service subscriber, RingLogix may send you such emails to the addresses you provide. Because these emails are necessary for you to receive the Services, you will receive these emails even if you have opted out of receiving other email from RingLogix. If you do not want to receive these emails, you may cancel the Service at any time as provided in this Agreement.
8. PORTED TELEPHONE NUMBERS ON SERVICE DISCONNECTION.
8.1 Port-out of Telephone Numbers.
You may be able to take, or “port,” your current telephone number(s) to another service provider. You will remain responsible for all charges and fees until you notify RingLogix of your election to cancel services in accordance with Section 2. Until you notify us of your intention to cancel, your Service and your Agreement with us will not terminate, you will remain a RingLogix customer, and you will continue to be responsible for all charges and fees associated with your RingLogix Service. You will not receive any refund or partial refund or any credits for any charges already billed to your account. For all telephone numbers ported out of the RingLogix network, you will be charged a port-out fee of $5 per telephone number.
YOU ACKNOWLEDGE AND AFFIRM THAT SHOULD YOU CANCEL YOUR RINGLOGIX SERVICE PRIOR TO NUMBER(S) SUCCESSFULLY BEING ACCEPTED BY THE WINNING CARRIER, YOU WILL BE UNABLE TO PORT NUMBER(S) AWAY FROM YOUR SYSTEM, AND LOSE ANY RIGHTS TO SAID NUMBERS.
You acknowledge and affirm that telephone numbers for customers that are suspended or terminated for any reason are not eligible for porting out, regardless whether you ported said numbers into your Service.
You acknowledge and affirm that telephone numbers for customers having a past due or outstanding balance are not eligible for porting out, regardless whether you ported said numbers into your Service.
The timing of the port out completion is determined by the winning carrier. RingLogix is not notified by the winning carrier when the port is complete. Therefore, it is your responsibility to communicate with RingLogix when the number has been ported away and is fully functional on the winning carrier’s service. RingLogix will then remove the number from your Services.
8.2 Request for RingLogix to Port-in numbers.
If you request that RingLogix port a number from an existing service provider to RingLogix, RingLogix will use commercially reasonable efforts to assist you in porting that number. You acknowledge that service providers require verification of identity, as well as authorization and other reasonable information in order to port any numbers to RingLogix. You must correctly complete a letter of authorization, provide us with a copy of your most recent bill from such service provider, as well as provide us with any other information required by such service provider to port your number. Failure to provide any information requested by RingLogix or the third party service provider will delay the porting of the number to RingLogix. RingLogix shall not be responsible for any delay in the port of your number and will not provide credit for any such delays.
In some cases, RingLogix may permit you to submit documentation required to port numbers using a web-enabled user interface. You have the ability to obtain a printed copy of all porting documentation at no cost to you from the interface or by contacting RingLogix Customer Care. RingLogix will provide copies of the forms by facsimile or email. No additional software or hardware are required. You may withdraw your consent to submit your porting request electronically by contacting RingLogix Customer Care prior to our submitting the porting request to our partner. Your consent to electronic submission applies only to the specific porting request you submit through web-enabled interface.
For cancelled LNP requests more than 48 hours before FOC, a non-recurring charge of $10 per telephone number will be charged. For cancelled LNP requests within 48 hours of FOC, a non-recurring charge of $75 per telephone number will be charged. For any request to reinstate, within 24 hours, a newly ported telephone number to the original carrier, a nonrecurring charge of $300 per number will be assessed.
9. EQUIPMENT ACQUISITION AND RETURNS.
During the normal course of business, as a matter of convenience, or for any other reason, you may elect to acquire, whether by payment for goods sold or as part of a free or heavily discounted plan, equipment for use with your Services from RingLogix. RingLogix does not lock down or restrict equipment sold to the RingLogix Service. To this end, you acknowledge and affirm that, warranty exchanges notwithstanding, all equipment sales are final and not entitled to a refund or exchange.
10. EQUIPMENT RETURN POLICY.
Warranty claims notwithstanding, RingLogix may, in its sole discretion, agree to accept the return of equipment (“RMA”). You agree to be responsible for all return shipping charges and assume any and all liability for any damage that may occur while shipping equipment to RingLogix. RingLogix recommends you elect to purchase insurance for the full replacement value of the equipment being returned. All equipment returned as part of a non-warranty RMA transaction must be fully functional, RETURNED IN ORIGINAL PACKAGING, include all documentation, guides, ancillary equipment/parts and accessories, cables, peripherals, power supplies/adapters, and be in generally resalable condition. You agree and authorize, in the sole and absolute discretion of RingLogix, either (a) the insured return of any equipment not in the aforementioned condition to you at your expense; (b) a charge of twenty five (25) dollars for each item(s) missing, damaged or otherwise deemed, at the sole and absolute discretion of RingLogix, to not be generally resalable, up to the full MSRP of the equipment being returned.
You agree and affirm that you release any rights, possession or entitlement of any information contained on RMA equipment and said information becomes the property of RingLogix upon its acceptance of the package from the carrier. RingLogix recommends you properly manage and/or dispose of any residual information before releasing RMA equipment to a carrier for delivery to RingLogix.
11. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY.
The services are provided as-is without warranty of any kind. To the maximum extent permitted by applicable law, RingLogix, LLC further disclaims all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume the entire risk arising out of the use of the services. To the maximum extent permitted by applicable law, in no event shall RingLogix, LLC or its suppliers be liable for any direct, consequential, incidental, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss) arising out of this agreement or the use of or inability to use the services even if RingLogix, LLC has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with RingLogix, LLC related to this agreement or the services/content shall be cancellation of the services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $500.00 or the amount you paid to RingLogix, LLC within the last six months. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. RingLogix, LLC does not endorse, warrant or guarantee any content provided by or through RingLogix. In no event shall RingLogix be liable for losses, damages, or claims arising out of your use or attempted use of 911 or E911 service(s), nor shall RingLogix be liable for your inability to access the 911 or E911 service. This limitation of liability applies to all causes of action and survives termination of this Agreement.
You agree to hold harmless, indemnify and defend RingLogix, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claim that you have violated any term of this Agreement, including, without limitation, the requirements set forth in Section 4.1 of this Agreement.
Except as otherwise provided, this Agreement may only be modified by a written amendment (provided electronically or otherwise) executed by authorized representatives of both Parties. In no event will handwritten changes to any terms or conditions, including in the applicable Order, be effective. Notwithstanding the foregoing, RingLogix may update this Agreement or any of its Policies from time to time and will provide notice to you via email. Such updates will become effective thirty (30) days after such notice to you. In the event that any such update would be of material detriment to you and is not required by Law, you must inform RingLogix of your objection within ten (10) days of receiving the notice provided under this provision. If the Parties, negotiating in good faith cannot reach agreement within thirty (30) days, either Party may terminate the portion of the Services affected by the change without penalty by written notice to the other Party. Any use of the Services after the effective date will be deemed your acceptance of the change.
RingLogix may assign all or part of its rights or duties under this Agreement in connection with a sale of all, or substantially all, the assets of RingLogix to a third party without notice to you; provided, any such third party shall be obliged to honor the terms of this Agreement.
You may not assign this Agreement without prior written consent from RingLogix, which shall not be unreasonably withheld.
15. COMPLETE AGREEMENT.
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by RingLogix or not. The acceptance of any purchase order is expressly made conditional on your consent to the terms set forth herein and any additional terms in your purchase order or similar document shall be null and void. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of RingLogix. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. RingLogix is not liable for editorial, pictorial, or typographical errors in this communication.
16. EMERGENCY SERVICES
You acknowledge and understand that RingLogix 911 dialing is different than traditional 911 service. Further, RingLogix may disclose to the FCC that you have acknowledged the E911 Disclosure by virtue of having accepted this Agreement. See complete E911 Disclosure located at https://www.ringlogix.com/e911-disclosure.
17. CONSENT TO USE OF ELECTRONIC SIGNATURES AND RECORDS.
As a convenience and courtesy to you, RingLogix provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on a RingLogix website:
17.1 You agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
17.2 You have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, and any policies and any amendments hereto or thereto;
17.3 You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
17.4 You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and,
17.5 You agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement.
18. GOVERNING LAW.
This Agreement will be governed by and construed in accordance with the laws of the State of Florida without regard to conflicts-of-laws principles. By using the Services, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms shall lie in the federal, state, and local courts of Miami-Dade County, Florida.