Terms of Service
PhoneSpeak Terms of Service
Last updated: April 15, 2022
Thank you for choosing PhoneSpeak. This document sets out the entire agreement between you and the provider. By using, including subscribing to, the provider’s services you agree to these terms. If you do not wish to accept these terms, you should cease to use provider’s services. Provider refers to Azentus Inc. operating under brand names including PhoneSpeak.com. We, in these terms, refers to the provider. You refers to the user and every entity on behalf of whom you use provider’s services. Terms refers to this document as it updated by provider. The services offered by provider under the terms are subject to change by management, including jurisdictions and localities where you may utilize services and the taxes, fees, plans, promotions, and service charges.
Please read the Terms of Service carefully before accessing or using PhoneSpeak website. By accessing or using any part of the site, you agree to be bound by the Terms of Services. If you do not agree to all of the terms and conditions of this agreement, PhoneSpeak are not obligated to provide you the service.
Any new features or tools released shall also be subject to the Terms of Service. The latest version of the Term of Service will be updated if applies. PhoneSpeak reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to PhoneSpeak website. It is your responsibility to check this page periodically for updates/changes. Your continuity to use or access to PhoneSpeak with any posting of any changes constitutes your acceptance of these updates/changes.
Online Service Terms. By agree to these Terms of Service, you confirm that you are at least the age of maturity/legal in your state of province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our product & services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A strict reminder it is illegal to send unsolicited advertisement to a US telephone number. It may also be regulated under the laws of other countries, states, provinces or jurisdictions. Unsolicited marketing in violation of such laws through the Service is prohibited and a material breach of this Agreement and it holds you solemnly liable of any loss, damages, or penalties as a result of your actions. Notwithstanding the above, Azentus Inc., distribution of advertising to you is not considered unsolicited advertising based upon your acceptance of this agreement.
Privacy. The provider is committed to the goal of building and establishing the relationship with you based respect for all personal information relating to your account and the details of your usage of provider’s services. Except when we are required by law to make disclosures, we will not pass along, sell, or transfer your private information to third parties without your consent.
In addition to your visit and use of PhoneSpeak, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Acceptable Use. You understand that you are not entitled to use provider’s service for or as part of any illegal, deceptive, improper, or abusive purpose. The agreement to refrain from unacceptable use extends to refraining from use intended or which tends to interfere with provider’s ability to provide high quality service, harms it business relationships, or damages the property of provider or its customers. As described below, unacceptable use may not only result in suspension and termination of your account, but you agree to be liable for criminal and civil penalties.
You agree to use a service plan selected for your usage and that provider may reassign you to appropriate service plans at its discretion rather than suspend your account. Standard plans include unlimited minutes of inbound/outbound domestic calls, however with a strict “Fair Usage Policy”. PhoneSpeak does not offer any international calls at the moment. You agree not to operate a call centre outside of the call centre plan.
We have made every effort to display as accurately as possible the colors and images of our product that to appear as close to what we have shown/displayed on any of PhoneSpeak marketing. We cannot guarantee the display on your device may display any inaccurate color or layout.
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any account registration you sign up with us. We may, in our sole discretion, limit or cancel quantities sign up per person, per business or per sign up. These restrictions may include sign ups placed by or under the same customer account, the same credit card, and/or sign up that use the same billing and/or email address. In the event that we make a change to or cancel a sign up, we may attempt to notify you by contacting the email provided at the time the sign up was made. We reserve the right to limit or prohibit sign up that, in our sole judgement, appear to be placed under suspicion, high risk assessment and bad payment history.
You agree to provide current, complete and accurate purchase and account information for all sign up made at PhoneSpeak website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Usage charges: You agree to pay all charges for your use of the Services according to the payment plan applicable to your Service subscription, and in effect for your state/province of residence. PhoneSpeak reserves the right to change prices or institute new charges for access to use of PhoneSpeak Services unless you have a signed Written Agreement with PhoneSpeak. All changes will be posted by PhoneSpeak on the PhoneSpeak Websites or to be informed to your email used for PhoneSpeak sign up and registration. All changes will be posted by PhoneSpeak on the PhoneSpeak Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Service or non-termination of your PhoneSpeak account after the changes are posted constitutes your acceptance of the price as modified by the posted changes.
Charges for Service may include activation, recurring subscription, number porting fee, IP desk phone credential provision, usage fee and credit top up into your PhoneSpeak account. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of PhoneSpeak) in accordance with the usage rates applicable to each of the Services you use.
If you have selected the Toll-Free Number to your service subscription, your payment plan may include a monthly allowance of phone calls minutes and SMS. In the event that you have exceeded your rate plan’s allotted allowance you will be automatically charged a credit top up of $20 will be charged to top up your call credits in your account. This amount shall stay in your account and deductible upon your call usage.
If you subscribed for Services pursuant to a special offer, your sign up will initiate the monthly Service fee with user regulatory fee. This will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amount pre-authorized will not be considered available credit or debit fund in such account) and will be immediately charges to your credit or debit card, without further authorization from you, unless you provide prior notice (in accordance with PhoneSpeak verification procedures, as may be established by PhoneSpeak from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before PhoneSpeak reasonably could act on your notice.
Charges are to be paid on a monthly or annually basis in the currency in which billed. A failure to pay the charges is a material breach of the Agreement and grounds for account suspension or termination by PhoneSpeak. If the payment method for your PhoneSpeak account is by credit card and payment is not received or failed to charge by PhoneSpeak from the card issuer or its agents, you agree to pay all amount due upon demand by PhoneSpeak. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that PhoneSpeak is authorized to charge you designated card. Your card issuer’s agreement governs your use of your designated card in connection with PhoneSpeak, and you must refer to such agreement (not this Agreement) with respect to your right and liabilities as a cardholder. You agree that PhoneSpeak may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that PhoneSpeak may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you received from your card issuer.
You agree that PhoneSpeak may submit charges for your usage fees and recurring subscription free each month or year, without further authorization from you, until you provide prior notice (in accordance with PhoneSpeak’ verification procedures, as may be established by PhoneSpeak from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before PhoneSpeak reasonably could act on your notice. If you have any questions regarding any charges that have been applied to your account, you must contact PhoneSpeak’ Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by PhoneSpeak in accordance with this Agreement.
Termination of Services. You may terminate your account at any time. Notice may be given by chat, email, or voice call whereupon cancellation takes place immediately. Upon notice by provider, we may likewise terminate your account with or without cause. Termination of your account terminates provider’s obligation to provide you with access to services including connection numbers, search functions, or account usage history. Notwithstanding that you may terminate at any time in your billing cycle, you are not entitled to any refunds of any portion of service fees.
Authority and safeguarding credentials. You represent that you are at least eighteen years of age and that, in the jurisdiction of your access, you have the legal right and capacity to agree to these terms. Where you are acting on behalf of an entity or group, you represent that you are have the authority to enter this agreement. Unless your account has a third party designated as financially responsible, you are responsible for all charges with respect to your account. You agree to safeguard your account credentials to prevent unauthorized charges and violations of the acceptable use requirements. If you suspect unauthorized access or another problem with your credentials, immediately notify provider in order that steps may be taken that may protect your account and account information.
Modifications. Changes to the terms will be posted on provider’s website. You undertake to review the website periodically and to maintain current your account contact information. As provider’s services are modified, including increase or reduction of features, we expect to provide customers with suitable notice as soon as possible or permissible. It may not be always possible to provide as much notice as might be convenient, but provider will not be responsible for any claims or damages as a result of modifications.
Promotions and Service Plans. Promotional rates are not transferrable and will be honored only with respect to the original offeree. As described previously, you are responsible for all charges associated with the services used. Amounts identified as cost recovery and compliance fee charges represent pass-through charges that are not mandated by or remitted to regulatory agencies. This includes usage exceeding your plan. Delinquent accounts may be subject to suspension, cancellation, and collection and you are obligated to pay for interest, legal, and collection costs, together with any account investigation or reconnection charges.
Limitations and Covenants. You agree to defend, indemnify, and hold harmless provider (including, for the avoidance of doubt Azentus Inc’s affiliates and representatives) from any expense, liability, judgment, claim, or legal action that may arise from or be connected with your use of provider’s services. These expenses include attorney fees that provider incurs in obtaining legal representation. Provider’s entire liability and your, exclusive remedy for damages due to performance or non-performance of provider for any cause whatsoever, regardless of the form of action, whether in contract or in tort, including incidental damages such as alleged damages for loss of business profits, business interruption, loss of business information, and the like, shall be limited to the refund of the charges specifically related to the performance or non-performance. For any other claim or liability, including negligence or willful misconduct by provider, provider’s liability shall not exceed $250 in the aggregate.
Notices. As described previously, you are responsible for maintaining accurate account information and monitoring notices from the Company. Notices you desire to provide must be sent only to specified company email addresses.
Dispute Resolution and Non-binding Mediation. In the event of any dispute, claim, question, or other disagreement between you and provider, you and provider shall first use reasonable best efforts to settle the disagreement though consultation and negotiation in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution. If, within thirty-five days (or such longer period as may be agreed in writing between the parties) after receipt by a party of a notice of disagreement, the parties have not succeeded in negotiating a resolution, the parties agree to submit the disagreement at the earliest possible date to non-binding mediation conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association, and to bear equally the costs of the mediator; provided, however, that each party shall bear its own costs in connection with such mediation. The parties agree that any mediation appearance may be conducted telephonically and, unless otherwise determined in the mediator’s discretion, use the Procedures for Resolution of Disputes Through Document Submission. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of ninety days or such longer period as they may mutually agree following the mediation demand. Neither you nor we shall file or pursue any disagreement in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and mediation.
You agree that any disagreement shall be adjudicated in the state and federal courts of the State of Nevada, U.S.A. Venue for any disagreement shall be the court of proper jurisdiction in Las Vegas, Nevada and you waive any right that you may have to assert that such forum is not convenient or that any such court lacks jurisdiction. You agree to this jurisdiction and venue provision regardless of where you reside or use the service or the fact that the managerial offices of provider are in King County, Washington. In the event of any litigation (including arbitration) between you and provider, the non-prevailing party shall reimburse the prevailing party for all reasonable and documented attorney fees, costs, and expenses relating to the disagreement.
Class Action Waiver. The process for resolving any disagreement shall be conducted solely on an individual basis. You and provider both expressly waive any right to join as a member or institute any proceeding as a class or collective action, private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity.
General Provisions. Non Waiver. No failure or delay by provider to assert or exercise any right; demand fulfillment or performance of any obligation; or avail itself of any remedy, may be deemed a waiver of any right or remedy. Force Majeure. Excluding payment obligations, neither party shall be responsible or liable for any failure to perform or delay in performing to the extent resulting from any event or circumstance that is beyond that party’s reasonable control, including without limitation any act of God; national emergency; governmental act or direction; breach, delay, act, or omission of any contractor, failure, or unavailability of third party system. License. For the avoidance of doubt, the nature of the providers services to you are a limited, personal, revocable, non-transferrable license for a term and subject to the terms. After termination, all license rights afforded you with respect to provider’s services, information, and IP also terminate.
MONEY BACK GUARANTEE POLICY
If for any reason that you are unhappy with the service, or decide to change your mind, we give a full refund. All you need to do is get in touch with us within 15 days of your subscription, and this only applicable to new customers or first time user only.
After the first time, we will refund the 1st initial subscription payment charged to your credit/debit card used to sign up PhoneSpeak, but not the cost of additional numbers, extension, exceeded call usage, if any, during this period. When you add new numbers and/or made any calls that is not included in the unlimited call credit (for example incoming toll free calls), the charges are bill direct to the Telco, on your behalf. It is not possible to undo this, so that's why we don't refund the any additional call usage and add-ons.
How to go about it?
The easiest way is to send an email to our support with the following information:
The account information and details you want to cancel.
That you want to make use of our money-back guarantee.
Note: Please, make it clear that you want to make use of our money-back guarantee, and not just cancel. A normal cancellation takes effect at the end of the subscription period, and you are still obliged to pay.
Can we change our mind?
We would love to keep you as a customer and we are sad to see you go. If there is anything we can do to change your mind, don't hesitate to let us know. We appreciate all feedback, especially if it helps us improve our services.
Our support team are happy to answer all your questions. You are also welcome to contact our Customer Care team via email at [email protected], if you have any questions.