City Wide Phone Terms of Service
The use of services provided by City Wide Phone [hereafter referred to as "City Wide"] constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
E911 Service
City Wide provides you with phone services over your broadband connection. There is an important difference between the City Wide service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with City Wide has important limitations that you should be aware of and that you advise others that may use the City Wide service in your residence or business.
YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE CITY WIDE SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.
IF YOU MOVE THE LOCATION OF WHERE YOU USE THE CITY WIDE SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.
Additional limitations are as follows:
If you lose power or there is a disruption to power at the location where City Wide is used, neither City Wide nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the City Wide device prior to utilizing the service, including the 9-1-1 dialing feature.
If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither City Wide nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.
If your City Wide account is suspended or terminated, the City Wide service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing City Wide as compared to traditional 911 dialing over traditional public telephone networks.
You are responsible for the accuracy and the completeness of the address that you submit to City Wide for the location at which City Wide will be used and to which emergency service will be sent in the event that you use the City Wide 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which City Wide will be used. City Wide uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither City Wide, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to VOIPo 9-1-1 dialing service unless such claims or causes of action arise from City Wide's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless City Wide, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, City Wide 911 dialing feature or service or access emergency service personnel.
Equipment
City Wide provides all residential customers with a telephone adapter solution to use to connect to our service. This device remains the property of City Wide and must be returned to cancel service. You will be subject to a charge of $70 for the cost of the phone adapter when and if you cancel service, or we cancel your service because of a service violation. Upon receipt of our phone adapter and accessories in good working condition within 10 days, your $70 will be refunded. If we receive our phone adapter and accessories after 10 days, they will then become your property and sent back to you. You will then be charged $70 for the cost of the adapter and accessories. Users are not authorized to update the firmware, load third-party firmware, or otherwise tamper with City Wide-owned devices. If a user attempts any of these things and damages the device, they will be responsible for the purchase of the device for $70.
Users must not attempt to reset the device to a factory default setting by using the "reset button" on the back of the device. If a user resets the device using this reset button, City Wide will NOT issue a replacement and the device will need to be shipped back to City Wide at the user's expense for reprograming. A $25 administrative fee will be charged for this programming. Service credits will NOT be issued for the time the service is down due to the user-initiated device reset.
The use of any other third party devices (such as ATAs) or software (such as Asterisk) is strictly prohibited. Users who attempt to circumvent this restriction face immediate termination of their service. City Wide reserves the right to remotely access and manage any devices connected to our network.
Miscellaneous
City Wide reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. City Wide also reserves the right to terminate accounts with or without reason at its sole discretion. If City Wide terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If City Wide terminates service for Terms of Service violation, the user is not entitled to any refund.
Support
City Wide provides support for using our service and provided hardware only. We do not provide troubleshooting or support for routers, computers or internet connections. The provided phone adapter has a built in router is designed to be connected directly to a modem and then your existing router or computer connected to the built in router. If you connect the City Wide adapter to an existing router, we cannot provide troubleshooting for your router if service does not work properly.
Service Limitations
Due to the nature of all VoIP services, City Wide service is not designed to be used for data connections with modems, home security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using City Wide service in non-voice scenarios.
Residential Use Only
City Wide services are intended for normal residential or light home office use only. Any other use is strictly prohibited. City Wide uses automated systems to monitor usage to detect patterns which are typical of non-residential use, such as autodialing, continuous call forwarding, frequent, excessively long calls to single numbers, etc. The City Wide Residential plan is designed for customers with average usage of under 2,000 minutes per month. Accounts exceeding 2,000 minutes per month may be subject to review and reclassification. City Wide shall have sole discretion to determine whether service is being used for residential purposes or not. If City Wide determines that the account is not being used for residential purposes, the account will be billed at a rate of .03 per minute for each minute exceeding 2,000 minutes during the month in question. City Wide does not provide business services at this time.
Cancellations
Although we do not require a contract for any plans and you may cancel service at any time for a refund
of monies not used in your account, refunds will be caculated by multiplying months used by the then
current monthly rate. The result is then subtracted from the total amount paid on the account at sign up.
This refund method must be used for City Wide to continue to provide low prices for VoIP phone service.
All cancellations must be made online at www.citywidephone.com/cancel.php
For more information regarding cancellation procedure, please email customerservice@citywidephone.com .
Before a cancellation can be processed, users must return the provided City Wide phone adapter. If a user wishes to cancel service without returning the City Wide phone adapter, a $70 fee for the purchase of the adapter will be charged.
Billing
Accounts renew automatically unless cancelled. Accounts will renew on or around the anniversary of your initial order based on your selected term. All City Wide services are prepaid at least one month in advance. If you have a credit card on file, City Wide will bill you automatically when charges are due. Customers are responsible for all international calling usage charges billed to their accounts. City Wide will bill your credit card for these charges automatically. These charges may be delayed at our discretion or billed at any point immediately following the completion of such calls.
1 or 2 year promotional plans for residential service will renew at standard pricing after the first 13 months or 26 months. Promotional pricing is applicable to the 1 or 2 year plans only unless otherwise stated.
City Wide is a prepaid service and does not provide a grace period for billing. If invoices are not paid by the due date, your account may be subject to immediate disconnected and a $5 late fee.
User requested account holds (suspensions) are subject to a $2.50 per month account maintenance fee.
Active accounts must have a valid credit or debit card on file at all times! If an account card is found to be invalid, an email will be sent to the account holder to update payment information. If payment information is not updated within 5 days, City Wide will have the authority to suspend service until payment information is updated and verified to be valid. Account holder will not be entitled to any credits for suspensions.
International minutes are prepaid and are billed automatically each month at the rate chosen at sign up. Unused prepaid international minutes cannot be rolled over to the following month. Each month starts with the amount of prepaid minutes selected at sign up. The account holder must notify City Wide, either by phone or email, if they no longer want prepaid international minutes billed to their account.
Right to Refuse Service
City Wide reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. City Wide also reserves the right to terminate accounts with or without reason at its sole discretion. If City Wide terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If City Wide terminates service for Terms of Service violation, the user is not entitled to any refund.
Privacy
City Wide utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. City Wide makes no claims with regards to the privacy of voice packets transmitted over public networks.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold City Wide harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against City Wide , 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless City Wide against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with City Wide ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Binding Arbitration
By using any City Wide service, you agree to submit to binding arbitration. If any disputes or claims arise against City Wide or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of City Wide 's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
Disclaimer
City Wide shall not be responsible for any damages you or your business may suffer. City Wide makes no warranties of any kind, expressed or implied for services we provide. City Wide disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to deliver service, we cannot guarantee uptime or availability of service.
Change of Terms
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on our website. These changes will become binding and effective the date they are posted to our website. No further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.
Where The Talk Is Cheap
