Communication service
terms and conditions
terms & conditions
1. This Agreement is in addition to the General Client Services Agreement, and only applies to communication equipment and services provided by GNS. In the event of a direct conflict between the language of this Agreement and any Statement of Work, unless otherwise stated, the language of the SOW shall control, but only with respect to that specific SOW. In the event of a direct conflict between the language of this Agreement and the General Client Services Agreement, this Agreement shall control, but only with respect to that specific language, section or circumstance, whichever is applicable.
2. COMMUNICATION SERVICE include, but are not limited to, services and equipment for digital transmission of voice, video and text.
3. EMERGENCY CALLING SERVICE
a. 911 or E911 Dialing Services. The telephone calling portion of Client’s Service is provided via VoIP, a flexible and movable phone service. Therefore, traditional stationary analog 911 or E911 access to emergency services is not supported. GNS’s system is configured in most instances to send the specific phone number for Client’s location to the Public Safety Answering Point (PSAP). Client is required to provide GNS with the address Client wants designated to each telephone number included in Client’s GNS Service for such emergency calling service, if applicable. Upon Client’s providing such designated addresses, GNS will provide such designated addresses to the PSAP. There are various differences between analog 911 or E911 and Client’s VoIP provided emergency services, including but not limited to, those set forth in items b through j below.
b. Limitations of Liability and Indemnification. Client acknowledges and understands that GNS’s liability is limited for any Service outage and/or inability to place a 911 call from Client’s GNS line or to access emergency service personnel, as set forth or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure outage of the Service, including Emergency Calling Service dialing and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access emergency service personnel.
c. Failure to Designate the Correct Physical Address for Emergency Calling Service Dialing. The address which the Customer provided to GNS is the address that is applied to Client’s Service for Emergency Calling Service dialing. Should Client need to change this address, contact GNS Customer Service immediately to correct this address. It may take up to ten business days to change an address or update an address. Failure to provide the current and correct physical address and location of Client’s GNS Equipment will result in any Emergency Calling Service communication Client may make being routed to the wrong local emergency service provider and/or address.
d. Changing Client’s Primary Phone Number. Client acknowledges and understands that if Client changes Client’s primary VoIP phone number Client will not be able to change Client’s Emergency Calling Service address for ten (10) business days. During that time, any Emergency Calling Service calls that Client may make will be routed using the address that was in GNS’s records before Client changed Client’s phone number.
e. Change of Physical Location of GNS Equipment. Client acknowledges and understands that Emergency Calling Service dialing will not function properly or may not function at all if Client moves or changes the physical address of Client’s GNS Equipment to a different street address, unless and until Client’s has successfully changed Client’s Emergency Calling Service address by contacting GNS Customer Service. Failure to provide the current and correct physical address and location of Client’s GNS Equipment will result in any Emergency Calling Service dialing Client may make being routed to the incorrect local emergency service provider or the wrong address.
f. Requires Re-Activation if Client Move. Client acknowledges and understands that if Client moves phone service to a different address, other than that established when Client’s GNS Service was activated, Client’s service will need to be re-activated in order for Services, including Emergency Calling Service, to function or function properly.
g. Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Calling Service. Client acknowledges and understands that there is a greater possibility of network congestion and/or reduced speed in the routing of an Emergency Calling Service communication made using Client’s GNS Equipment as compared to traditional 911 to access Emergency Calling Service dialing. GNS’s system is configured in most instances to send the automated number information: However, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they are not yet always technically capable of doing so. Client acknowledges and understands that PSAP and emergency personnel may not be able to identify Client’s phone number to return Client’s call.
h. Automated Location Identification. It may not be possible to transmit identification of an address that Client has listed to the Public Safety Answering Point (PSAP) if Client moves the GNS or Customer Equipment to a location that is not supported by our network or if we have determined and provided to Client in advance in writing (fax, email or letter) that this service is not available. If this is the case, local personnel will NOT have this information. Client acknowledges and understands that PSAP and emergency personnel will not be able to find Client’s location if the call is unable to be completed, is dropped or disconnected, if Client is unable to speak to tell them Client’s location and/or if the Service is not operational for any reason.
i. Alternative Emergency Calling Service Arrangements. Client acknowledge that GNS does not offer primary line or lifeline services. Client should always have an alternative means of accessing traditional E911 services.
4. SERVICE
a. International Calling is restricted by default. If Client requests international calling capabilities Client also agrees to pay all charges generated, whether by Client or by an unauthorized individual or individuals, no matter how the call was generated on Client’s lines or account. If Client’s account is hacked or compromised, all calling will be shut down and will not be reactivated until the charges for International calls are paid.
b. Phone Service Cancellations may take up to forty-five (45) business days to re-instate.
c. Rounding Policy. For billing purposes, the length of each call is rounded. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent.
d. Calls to International Mobile Telephones International Special Services Calls. GNS’s rates for international calls are the rates charged for calls to landline telephones. Calls to international mobile telephones are usually charged a higher rate than calls to landline telephones. The rates Client will be charged are set forth in the calling plan rate tables and available upon request based on countries requested.
e. Timing of Calls. Timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom GNS must interconnect in order to terminate calls to foreign countries) designate a call as “answered” when there are a certain number of rings, and will charge GNS for a completed call. In these situations, GNS will charge Client for the call.
f. Use of Service and Device by Customers Outside the United States. While we encourage use of the Service within the United States to other countries., GNS does not presently offer or support the Service to customers located in other countries. Client is liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to Client.
g. Number Transfer on Service Termination. GNS may, solely at GNS’s discretion, release the telephone number that was ported to GNS by Client and used in connection with Client’s Service provisioned by GNS to Client’s new service provider, if such new service provider is able to accept such number, upon Client termination of the Service, and provided (i) Client account has been terminated (ii) Client’s GNS account is completely current including payment for all charges and applicable disconnect fees and (iii) Client request the transfer upon terminating Client’s account. If Client transfer Client’s number and do not pay all past due charges, termination charges and term credits or discounts provided, Client authorize GNS to re-obtain Client’s number(s) until the full balance is paid.
h. Service Distinctions. Client acknowledges and understands that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by GNS. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect Client’s rights of redress before regulatory agencies.
i. Collect Call and Operator Services. GNS does not offer collect call or operator services.
j. International Services: i. Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose certain limitations. Or restrictions that may limit Client’s ability use the GNS services. ii. Foreign Carrier Acts or Omissions: 1. GNS is not liable for acts or omissions of other carriers or foreign telecommunications administrations. 2. International calls are priced on the basis of the country, city codes, land line and mobile dialed by Client. GNS is not liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number.
5. RESTRICTIONS ON THE USE OF SERVICE
a. GNS offers its services subject to availability of facilities, limitations of service offerings, and the provisions of this Agreement.
b. Services provided by GNS under the Agreement will not be used i. for making telephone calls that use automatic dialing devices and/or terminate into electronic information services, pay-per-call services, or other domestic or international audio text services ii. for business usage under a residential Service plan, iii. for extensive call forwarding, iv. high volume telemarketing (including, without limitation, inbound/outbound call centers, charitable or political solicitation or polling, without authorization), v. fax or voicemail broadcasting or blasting for services with unlimited local and long distance calling plans, or vi. used for or by free conference calling services.
c. GNS may: i. deny, for any lawful reason, Client’s request for service, or ii. limit or allocate the facilities available to or used by any Service, if necessary, to manage its network in an efficient manner, or iii. immediately suspend, disconnect or modify customer’s use of service plans.
d. GNS may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, county codes, cities, city codes, local telephone exchanges (“NXX exchanges”), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever GNS deems it necessary to take such action to prevent: i. the unlawful use of service ii. nonpayment for service iii. the use of service in violation of this Agreement, or iv. network blockage or the degradation of service furnished to Client or other customers.