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Terms and Conditions

Why is our attorney smiling? Well, usually no one ever reads this stuff. But you, being the conscientious and careful person that you are, have taken the time to look over her hard work. She hopes you like it. Hey, it’s her moment in the sun, so we thought we’d just let her enjoy it.

By subscribing to the services of Communications Unlimited Inc.  (“CommsUnlimited”), you agree to the following terms and conditions with respect to your account (“Account”). Use of CommsUnlimited services (“Service”) will constitute your consent to these terms and conditions.

The following Document is a contract, legally binding agreement. You must read the entire Terms and Conditions carefully before using or accessing our website or services. By accessing the CommsUnlimited.com website and using any of the services offered or provided by CommsUnlimited, you confirm your acceptance of, and agree to be bound by, all of the conditions of use set forth in this Agreement. Please DO NOT use this website or services if you do not accept all the terms and conditions stated herein and at other places (including FAQ’s and Privacy & Security section) on this website.

Disclaimers and Limitation of Liability

CommsUnlimited does not guarantee the continuous, uninterrupted or secure access to the CommsUnlimited.com website or any related services. The operation of the CommsUnlimited.com website may be interfered with by numerous factors outside the control of CommsUnlimited.

Under no circumstances shall CommsUnlimited be liable for any damages that result from the use of or inability to use CommsUnlimited.com website, including but not limited to reliance on any information obtained from the CommsUnlimited website or that result from mistakes, interruptions, deletion of e-mails, errors, delays in operation or transmission, or any failure of performance.

CommsUnlimited will not be liable for any direct or indirect, incidental, special or consequential damages arising from the use of the CommsUnlimited.com website or the purchase of any product.

Fraudulent Activities

CommsUnlimited reserves the right to deactivate, disable and remove any suspicious or fraudulent account with or without notice. You are responsible for providing all accurate account information and preventing unauthorized use of your CommsUnlimited and Credit Card accounts. You are entitled to refunds, reimbursements, credits, and exchanges for any portion of your account balance only at the discretion of CommsUnlimited and only if a request for such a reimbursement has been made by you.

Promotion – Coupon Code

Each promotion is identified by a unique coupon code and has different requirements and rewards as the statement attached to it, and a reward can only be received after all requirements of the promotion have met. Each coupon code is valid for a limited time only and expires on the date specified in the offer. The coupon codes are only valid for online order through the CommsUnlimited or CommsUnlimited affiliated Web site, and we reserve the right to decline to accept orders where, in our solely opinion, a coupon code is invalid for the order being placed.

CommsUnlimited coupon codes are not valid in conjunction with any other promotion. Only one coupon code can be used per order and cannot be applied to orders already placed. The earned coupon bonus in Referral& Bonus Center cannot be transferred between accounts and are not valid for refund.

Features

CommsUnlimited reserves the right in creating or making any changes on all its features with or without notice. Please protect all your account information. CommsUnlimited is not responsible for any lost, stolen or unauthorized usage of your account.

Local Access Number Distance Indicator

This feature only provides you the approximate distance from your location to one of our local access numbers. You must verify with your local phone company whether there are any additional usage charges. CommsUnlimited is not responsible for any charges or fees induced by any company other than CommsUnlimited.

CommsUnlimited Fax

A nominal monthly fee of U.S. one dollar ($1.00) for CommsUnlimited Fax Basic, or U.S. two dollars and ninety-five cents ($2.95) for CommsUnlimited Fax Plus will be applied to your CommsUnlimited account if you subscribe to CommsUnlimited Fax service. CommsUnlimited Fax subscriber, both Basic and Plus, will received a local fax number to receive unlimited fax in your designated email account. For Plus Service subscribers, as an option, additional fax numbers can be obtained with a nominal monthly fee of U.S. one dollar and ninety-five cents ($1.95) per line, and will be applied to your CommsUnlimited account accordingly.

You are fully responsible for the contents of your transmissions through the Services. CommsUnlimited Fax simply acts as a passive conduit for you to send and receive information of your own choosing. However, CommsUnlimited Fax reserves the right to take any action with respect to the Services that CommsUnlimited Fax deems necessary or appropriate in its sole discretion, if CommsUnlimited Fax believes you or your information may create liability for CommsUnlimited Fax, compromise or disrupt the Services for you or other Customers, or cause CommsUnlimited Fax to lose (in whole or in part) the services of CommsUnlimited Fax’s ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer’s use and enjoyment of the Services or another entity’s use and enjoyment of similar services.

Usage charges are based on transmission (sending) duration, in 1-minute increments.

PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO COMMSUNLIMITED “FAIR USE” POLICY. ANY VIOLATIONS WILL RESULT IN IMMEIDATE SERVICE REMOVAL OR ACCCOUNT TERMINATION.

You are responsible for maintaining sufficient account balance for the monthly deduction of the subscription fee. Insufficient account balance will result automatic removal of your subscribed service. You are responsible for preventing any unauthorized use of your Account. You may be entitled for refunds, reimbursements, credits, or exchanges for any portion of your account balance at CommsUnlimited sole discretion and only if such request has been submitted by you.

One-month Free Trial Coupon: Our free trial coupon of the CommsUnlimited Fax Plus service is for all new subscribers. The coupon is subject to one (1) time free trial per CommsUnlimited account, or per CommsUnlimited Business Sub-Accounts.

The one-month free trial coupon will be displayed as a $2.95 subscription credit pursuant to the billing terms stated below. This free offer will only provide one (1) fax number for trial purposes; any additional fax number subscription will be billed accordingly. The outbound fax usage will be deducted from your CommsUnlimited account balance in accordance to the “per page/per destination” rate listed on our website. At the end of your one-month trial term, unless termination or downgrade to CommsUnlimited Fax Basic request is made by you, CommsUnlimited Fax Plus monthly subscription fee will be deducted from your CommsUnlimited account balance automatically on the subsequent billing date. This free-trial coupon offer cannot be refunded, reimbursed, or credited as account balance and to be used for any other CommsUnlimited products and services. CommsUnlimited reserves the right to modify the terms of this trial offer at any time, without prior notice.

CommsUnlimited Forwarding

By subscribing to the CommsUnlimited Forwarding Service, you acknowledge and agree that a nominal monthly fee of U.S. two dollars and ninety-five cents ($2.95) for a U.S./Canada local or Toll-Free number, or U.S. three dollars and ninety-five cents ($3.95) for a China, Hong Kong or Taiwan number, with varying fees for other international numbers (a number with country and area code foreign to the U.S. and Canada), will be applied to your CommsUnlimited account. Additionally, you also acknowledge that you have read and understood the features and charges of using the CommsUnlimited Forwarding Service as posted on our Products and Services & FAQ Web pages. You are responsible for maintaining sufficient account balance for the monthly deduction of the subscription fee. Insufficient account balance will cause this subscribed service to be terminated as a result. You are also responsible for preventing any unauthorized use of your Account. You may be entitled for refunds, reimbursements, credits, or exchanges for any portion of your account balance at CommsUnlimited sole discretion and only if such request has been submitted by you.

Ownership of Numbers

You understand and agree that all numbers CommsUnlimited assigned to you, U.S./Canada/International and toll-free, are still the property of CommsUnlimited. You may not transfer the ownership or any part of the Services to any third Party without the expressed consent of CommsUnlimited. In the event a dispute is induced regarding account ownership, CommsUnlimited shall, in its own discretion, determine the rightful ownership of the number. CommsUnlimited will not be liable for any fees or charges applied to your Account induced by such dispute.

You also understand and agree that CommsUnlimited may from time to time, due to certain restrictions, need to change the number assigned to you; and CommsUnlimited may re-assign the number to another customer immediately following the termination of your CommsUnlimited Account. CommsUnlimited will not be liable for any and all damages arising from such causes, and you hereby waive any claims against CommsUnlimited. You may request in writing that CommsUnlimited, prior to termination of your Account, transfer the toll or toll-free number assigned to you to another carrier, provided that your Account is in good standing. CommsUnlimited may, in its sole discretion, grant or deny such request. If such transfer request is granted, a $20.00 transfer-service charge will be deducted from your CommsUnlimited Account.

Foreign carriers and/or regulatory agencies may impose, upon the end-to-end international service they provide, limitations, restrictions and/or cease entirely your ability to use the Service CommsUnlimited provides you at anytime, without prior notice. In such case, you must conform to said limitations, restrictions and/or entire cessation of service by the foreign carriers and/or regulatory agencies. You agree to comply with all applicable foreign and domestic laws and rules and regulations regarding the transmission of technical data exported or imported from the United States to your ring-to destination country. You agree to hold CommsUnlimited harmless of any damages or liabilities, of any kind, related to your violation of US and/or International laws, rules and/or regulations while you are a customer of CommsUnlimited.

CommsUnlimited may immediately cancel your Service and repossess any and all phone number(s) associated with your account if/when your use of the Service(s) provided to you interfere in any way CommsUnlimited ‘s ability to provide Service(s) and products to its other customers.

Directory Listing

You acknowledge that CommsUnlimited does not publish any phone number assigned to you. In addition, CommsUnlimited will neither assist nor be responsible for any expenses of your request in publishing any phone number(s) provided by us. Please be advised that we have no control over any publications or directory listings done by previous subscriber of the number assigned to you. If you receive calls from previous subscriber’s callers, you shall contact us immediately to replace it with a new number, and this is the only remedy you will receive from us for such incident. You also understand and agree that you will be solely responsible for any expenses, fees, damages, and/or losses with regards to the publication or directory listing of the phone number(s) provided by CommsUnlimited.

Password Security

All users are responsible for keeping their own CommsUnlimited account password confidential, and restricting access to such User’s computer. All users agree to accept full responsibility for all activities that occur within their CommsUnlimited accounts. Please highly protect your CommsUnlimited login password. Password changing on regular basis is highly recommended.

Real-Time Account Management

To reduce the data loading time on the Internet, CommsUnlimited website only provides call history (“Call Detail Record” or “CDR”) for the last 90 days. CommsUnlimited highly recommends that you print or save your own CDR on monthly basis. CommsUnlimited reserves the right to pull out any call history from the website that is more than 90 days old. Inquiries for CDR more than 90 days old are based on availability of data, and extra service fees will apply. CommsUnlimited does not archive CDR beyond the last 1 years.

Newsletter

CommsUnlimited occasionally releases newsletters for its latest products, services, special deals, and other business-related news. The newsletter service is free and can be subscribed online or by sending a request to our Customer Service. CommsUnlimited disclaims all responsibility and liability for the availability, timeliness, security or reliability of the newsletter releases. You may unsubscribe this service at any time by unchecking the check box under ‘My Info’ webpage or contacting our Customer Service by postal mail, phone, or e-mail.

Please note that transmissions by e-mail are not secure and are subject to interception by unauthorized individuals. If you wish to send personal or sensitive information, we highly recommend that you contact our Customer Service through postal mail or phone.

Fair Use policy

CommsUnlimited operates a Fair Use Policy to ensure excessive, inappropriate or unreasonable use by some customers does not affect the quality of the experience or the integrity of the CommsUnlimited Network for other customers. If in CommsUnlimited reasonable opinion your usage is abusive, inappropriate or unreasonable, CommsUnlimited reserves the right to request that you stop using the services in this manner and to contact you to discuss a more appropriate product / service for you. In the event of continued abusive, inappropriate or unreasonable use, CommsUnlimited reserves the right, without further notice, to remove the service from your account or suspend your account.

Cancellation

This agreement shall remain in full force until such time that it is cancelled by either party. CommsUnlimited may cancel, suspend, or otherwise terminate Service at any time without prior notice for any reason which in CommsUnlimited judgment may preclude it from receiving payment for its services. To cancel CommsUnlimited, write to: CommsUnlimited Corporation, Customer Service, 149 SW 57th Avenue – Miami, Florida  33144, USA. Your letter must be signed by you and must also include your CommsUnlimited PIN and current mailing address. Upon CommsUnlimited receipt of your notice of cancellation you agree that CommsUnlimited has authorization to initiate a final charge if an outstanding balance exists.

Billing

A subscription to CommsUnlimited requires a credit card number for credit verification and payment of charges. By providing CommsUnlimited with a credit card number, you grant CommsUnlimited authorization to submit charges. You are responsible for preventing unauthorized use of your Account. You are entitled to refunds, reimbursements, credits, and exchanges for any portion of your account balance only at the discretion of CommsUnlimited and only if such request has been made by you. Refund will go to the last record of the original payment method. No refunds shall be given for CommsUnlimited Credits that are not directly acquired online from CommsUnlimited.com (e.g. promo codes, vouchers, or referral bonus), or to Members of an CommsUnlimited Business Account for CommsUnlimited Credits paid for by the Administrator.

If you sign up for any CommsUnlimited subscription-based services, the monthly fee will be deducted from your account balance on the day after you sign up. For example, if you sign up for SuiteAdvantage on May 5th, the monthly fee will automatically be deducted from your account balance on the 6th (anniversary date) for the period from the 7th through the 6th of the following month. You can cancel your subscribed service(s) at any time and you will not be charged for any additional renewals. For example, if your anniversary date is the 6th of each month and you cancel your SuiteAdvantage on October 20, then you will not be charged on Nov. 6 (for the Nov. 7 – Dec. 8 period) and your SuiteAdvantage will terminate on October 20. There are no refunds for any time period (or portions thereof) already billed or paid for.

Bills from your other Telecom Carriers

CommsUnlimited will only charge calls that were connected through our network. You are responsible for calls that were placed through any carriers other than CommsUnlimited and any charges by your wireless carrier, local or long distance carrier, public phone operator, or any 3rd party carriers to reach our network. We disclaim all such bills as the result of any action or practice done by customers.

Expiration Date

CommsUnlimited reserves the right to disable or to terminate your account login and remove all other features and services if the account balance remains inactive for a period of six (6) months after the account has expired. CommsUnlimited is not obligated to refund any of the unused balance in the expired and disabled account. The username, PIN(s), and phone numbers associated with a terminated account may be given to another user without notice to you or such other party.

Account

Please protect all your account information. CommsUnlimited is not responsible for lost, stolen PIN(s), or unauthorized usage of your account.

Exception to the Rules

While we try our best to eliminate any additional taxes or surcharges to let you pay for only the minutes you have used, there is one exception when you call from a pay phone. Please note that 55¢ will be charged for each call made from a pay phone as the FCC regulations have allowed pay phone companies to impose fees on outside carriers and dial-around services (like ours) for using their phones. Therefore, such charge will occur each time you make a call from a pay phone using your CommsUnlimited account in order to recover the charges imposed by the pay phone companies.

Release

CommsUnlimited shall not be liable or responsible for any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys’ fees and other costs and expenses of any suit, action, investigation, claim or proceeding) of any kind whatsoever, sustained or incurred or required to be paid by CommsUnlimited by reason of or arising out of or attributed, directly or indirectly, to improper use of CommsUnlimited Services. Such a release will include CommsUnlimited, its affiliates, and their sub-carriers and subcontractors. CommsUnlimited shall not be held liable or responsible for any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys’ fees and other costs and expenses of any suit, action, investigation, claim or proceeding) of any kind whatsoever, sustained or incurred by a user because of undelivered e-mails, faxes, or voice mails.

Availability of Service

CommsUnlimited makes no warranties or guarantees that any country or any number may be accessible through its networks. For example, you cannot use CommsUnlimited to place 700, 900 or 976 calls, or to place certain operator-assisted, third-party billed, or collect calls. CommsUnlimited does not guarantee the continuous and uninterrupted services of any of its products and the features of its products.

No Emergency Services

You expressly agree and understand that CommsUnlimited is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency services.

Softphone, Smartphone App and Other VoIP Registration Media

In order to receive the benefits provided by the CommsUnlimited Softphone or CommsUnlimited App, you hereby grant us permission to utilize the processor and bandwidth of your computer and/or smartphone for the limited purpose of accessing our network, and CommsUnlimited is not responsible for the technical support to your device. CommsUnlimited will only provide support to CommsUnlimited-labeled software and hardware.

Public Phone and Operator Services Surcharge

The FCC (Federal Communications Commission) allows a surcharge to compensate for operator services such as public pay phones, hotel phones, college dormitory phones, and commercial phone line systems. When you use CommsUnlimited Service from the aforementioned phones or systems, a US$0.99 per call fee will be assessed and billed to your CommsUnlimited account.

Customer Support

CommsUnlimited Customer Support is solely for issues related to the CommsUnlimited accounts. If you utilize the Support Service in a manner inconsistent with these terms and conditions, CommsUnlimited may, in its sole discretion, terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse violates this Customer Support Policies.

Changes to Terms and Conditions

CommsUnlimited reserves the right to revise these Terms and Conditions at any time, and users are deemed to be apprised of and bound by any changes to Terms and Conditions.

– Prices on this page is subject to change without notice.

 

SERVICE LEVEL AGREEMENT FOR METRO-ETHERNET AND DEDICATED INTERNET ACCESS SERVICES

  1. Technical Specifications.

    Metro-Ethernet Service shall be IEEE 802.3 and MEF 6.1 compliant.
    Description of Service

    Layer 2 telecommunications transmission transport links provided between two or more points that meet at designated demarcation points between Provider Hub and Customer to provide Metro-Ethernet and/or Dedicated Internet Access Service.

  2. Service Outage. Subject to this Section 2, in the event of a Service Outage to any On-Net Metro-Ethernet or Dedicated Internet Access (DIA) Service, Customer may be entitled to a credit (a “Service Credit”) in accordance with Section 5 below. A “Service Outage” is a complete disruption of an On-Net Metro-Ethernet or DIA Service under this Service Level Agreement (“SLA”), such that Customer is unable to utilize the Service for its intended purpose as contemplated hereunder. A Service Outage shall be deemed to begin upon Provider’s receipt of notice from Customer of the Service Outage, and end when the Service is operational, as documented by Provider’s records. Notwithstanding anything to the contrary in this SLA, in the Agreement or in any Service Order, in no event shall a Service Outage or failure to meet any objectives or parameters under this SLA be deemed to be or constitute a breach by Provider of this SLA, the Agreement or any Service Order.

  3. Performance Objectives. Provider’s Service level objectives for any On-Net Metro-Ethernet and/or DIA Service are as follows:

    Service Availability – ≥99.9% per month

    Service availability is the percentage of time that the Provider Network is capable of accepting and delivering Customer data to the total time in the measurement period (one month).

    Latency – 30ms (round trip)

    Latency is the average round trip Provider Network delay, measured every 5 minutes at the relevant Provider Hub/POP. Round trip delay is measured in milliseconds, and the measurement period is one calendar month. For DIA, Provider measures latency using a standard 64byte ping from Customer premise device to the Provider Internet access router in a round trip fashion. For Metro-Ethernet, Provider measures latency using a standard 64byte ping from Customer premise device between site A and site Z.

    Packet Loss – <0.1%

    Packet loss is defined as the average number of packets that are not successfully received. Packet loss is the average ratio of total packets that are sent compared to those that are received. Ratios are based on packets that are transmitted from a Provider Network origination point and received at a Provider Network destination point (network Hub to network Hub).

    Jitter – <10ms

    Jitter, also known as Frame Delay Variation, is defined as the short-term variations measured for a portion of successfully delivered service frames over a 30-day period.

  4. Service Restoration Objectives. Provider’s mean time to respond and repair any On-Net Service in the event of a Service Outage are as follows:

    Mean Time to Respond is the average time required for Provider to begin troubleshooting a reported Service Outage. The Mean Time to Respond objective is two (2) hours from Provider’s receipt of notice of such Service Outage.

    Mean Time to Repair is defined as the average time from the moment Provider is given access to all necessary Service components to commence repair activities until restoration of the Service to an operational condition as defined herein. Provider’s Mean Time to Repair objective is four (4) hours.

  5. Service Credits. In the event of a Service Outage to an On-Net Metro-Ethernet or DIA Service, Customer may request a Service Credit of the applicable MRC for the impacted Service based on the table below.

    Duration of Service Outage

    Service Credit

    Less than 43 Minutes

    No credit.

    >43 Minutes to Four Hours

    2% of Applicable MRC

    > Four Hours to Eight Hours

    5% of Applicable MRC

    > Eight Hours to Twelve Hours

    10% of Applicable MRC

    >Twelve Hours to Sixteen Hours

    20% of Applicable MRC

    >Sixteen Hours to Twenty Hours

    30% of Applicable MRC

    >Twenty Hours

    40% of Applicable MRC

    The number of minutes of separate and discrete Service Outages will not be accumulated to determine the percentage of Service Credit. Service Credits hereunder are calculated as a percentage of the MRC set forth in the Service Order, and may not be applied to usage charges, government fees, taxes or surcharges or any third party charges passed through to Customer by Provider. Customer must be in good standing to be eligible for Service Credits; no Service Credits will be given on past-due accounts or to Customers otherwise in non-compliance under this Agreement. Service Credits issued to Customer hereunder shall be Customer’s sole and exclusive remedy at law or in equity on account of any Service Outage and/or failure to meet any objectives or parameters set forth in this SLA. In no event shall Provider’s total liability for any and all interruptions, disruptions, failures, and/or degradations in Service (including, without limitation, any Service Outage or failure to meet any objectives or parameters set forth in this SLA) exceed fifty percent (50%) of the MRC for the affected Service.

  6. Service Credit Request. Customer must submit a written request to claim a Service Credit no later than thirty (30) days following the event which gives rise to Customer’s right to request the Service Credit. Failure to request an allowance within such period shall constitute a waiver of any claim for a Service Credit.

  7. Multiple Applicable Service Standards. If an incident affects the performance of the Service and results in a period or periods of interruption, disruption, failure or degradation in Service, entitling Customer to one or more credits under multiple service level standards, only the single highest credit with respect to that incident will be applied, and Customer shall not be entitled to credits under multiple service level standards for the same incident.

  8. Events Excepted From Service Credit. Notwithstanding the foregoing, Customer shall not receive any Service Credit for any Service Outage, nor shall Provider be liable for any failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:

    1. Customer’s (including its agents, contractors and vendors) negligence, intentional act, omission, default and/or failure to cooperate with Provider in addressing any reported Service problems, including failing to take any remedial action in relation to a Service as recommended by Provider, or otherwise preventing Provider from doing so and/or moving or tampering with any Provider Equipment located at the Customer’s (or end user’s) premises;

    2. Failure on the part of Customer Equipment, end user equipment or Customer’s vendor’s equipment;

    3. Failure of electrical power not provided by Provider;

    4. Trouble caused by services or systems not provided by Provider;

    5. Election by Customer, after requested by Provider, not to release the Service for testing and repair;

    6. Provider’s inability to obtain access required to remedy a defect in Service;

    7. Scheduled or emergency maintenance;

    8. Scheduled upgrade of Service at the request of Customer;

    9. Force Majeure Event; and/or

    10. Disconnection or suspension of the Service by Provider pursuant to a right provided under this Agreement.