PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
· 1.1 911 Dialing
SCS TELCOM.com uses the same national 911 network that all traditional telephone companies use. Be aware that 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. Disconnection of your account will prevent all Service, including 911 Dialing, from functioning. Your ISP, broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. If you suspect this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your Service is impeded, your Service, including 911 Dialing, may not function. You acknowledge that SCS TELCOM.com is not responsible for the blocking of ports by any third party or any other impediment to your usage of the Service, and any loss of Service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, by way of illustration but not limitation, call routers, call centers and local emergency centers.
Registration of Physical Location Required. For each phone line that you utilize with the Service, you must register the physical location where you will be using the Service with us. Your initial location will be registered as a part of subscribing to the Service. It is incumbent on you to confirm the accuracy of your physical address through your online account and update it if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location. If you do not update your location, 911 calls you make may be sent to an emergency center near your old address. You may update a location by logging on to your online account. For purposes of 911 Dialing, you may only register one location at a time for each phone line.
1.3 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should make arrangements for an alternate means of accessing traditional 911 or E911 services or disconnecting the Service. You understand that additional arrangements should be made to access emergency services. To access emergency services, you acknowledge and accept that it is your sole responsibility to purchase, with a third-party separately from SCS TELCOM.com, traditional wireless or wireline telephone service that offers access to emergency services. You further recognize that SCS TELCOM.com is not a replacement for your primary telephone service and you are hereby advised to maintain a traditional wireline or wire-based telephone service at all times. By agreeing to these terms of service and by your use of the Device, you acknowledge and accept that the Device may not support or provide emergency service at all times. You represent and warrant to SCS TELCOM.com that you already have made additional arrangements with a third party to access emergency services.
Network Congestion. Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.5 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We expressly disclaim any and all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither SCS TELCOM.com nor any of its officers, directors, members or employees 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 our 911 Dialing service unless such claims or causes of action arise from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless SCS TELCOM.com, its officers, directors, members, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.6 Notify All Users. You should inform all household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of 911 Dialing as compared with basic 911 or E911. The documentation that accompanies each Device will include a sticker concerning the potential non-availability of basic 911 or E911 (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department.
SCS TELCOM.com will provide you with digital phone service, subject to the terms and conditions set forth herein (the "Service"). We recommend waiting until the Service is installed and tested for a few weeks before assuming that the Service will be available and of good quality.
You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that SCS TELCOM.com relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify SCS TELCOM.com whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.
SCS TELCOM.com's prices are shown in the Pricing Schedule and you will be charged based on the Plan and Options you select during the ordering process. A Subscriber who selects a "Month to Month" Plan (a "Monthly Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Monthly Subscriber at the time of order. However, such monthly prices are subject at any time to increase to SCS TELCOM.com's then current prices. A Subscriber who selects a "1 Year Contract" Plan (a "Contract Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Contract Subscriber at the time of order. Such monthly prices for Contract Subscribers are guaranteed for the initial twelve (12) month Term. Following the initial twelve (12) month Term, a Contract Subscriber will automatically become a Monthly Subscriber and will pay SCS TELCOM.com's then current prices, subject to increase as described above, unless such Subscriber registers for a new "1 Year Contract" Plan at such time, to the extent available. A Subscriber who selects a "Prepaid" Plan (a "Prepaid Subscriber") will pay the full amount listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Prepaid Subscriber at the time of order. Following the initial prepaid Term, as defined by the Plan and Options selected, a Prepaid Subscriber will automatically become a Monthly Subscriber and will pay SCS TELCOM.com's then current prices, subject to increase as described above, unless such Subscriber registers for a new "Prepaid" Plan at such time, to the extent available. From time to time SCS TELCOM.com may offer promotional packages to entice new customers to join. Unless otherwise stated, these promotional packages are not valid for existing customers. In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to network usage, applicable taxes, fees and surcharges, including charges imposed against SCS TELCOM.com by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis and may change at any time without notice; any variations will be reflected in your monthly charge. The current Regulatory Recovery Fee is one dollar and 98 cents ($1.98) for all clients. E911 Recovery Fee is ninety-nine cents ($0.99) for all clients in the US. SCS TELCOM.com collects a Federal, State and Local Services (FSLS) Recovery fee for most voice services. This fee is a percentage of billable service, and covers a variety of taxes, surcharges and fees billed by federal, regional and local agencies. The current rate is 11.64%, and is subject to change without notice. When possible, SCS TELCOM.com will break out such charges on the monthly invoice.
Taxes and Fees on Free Services. Any plan that comes with free service will be assessed applicable taxes, surcharges, and fees periodically, based on the details of the plan selected. These fees will be calculated based on the standard price for the service. Services are subject to suspension and termination if balances are not paid in a timely manner per Section 4 of SCS TELCOM.com's Terms of Service.
There is no money back guarantee for any Services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time. All services will be charged via automatic credit card withdrawal. Unless otherwise stated in the Pricing Schedule, SCS TELCOM.com will invoice and charge Subscribers monthly. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, SCS TELCOM.com will continue to electronically charge the credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended for non-payment are subject to a fifteen dollar ($15.00) reconnection fee. Any requests for a change in telephone number are subject to a fifteen dollar ($15.00) change fee. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.
You are responsible for all charges attributable to your account incurred with respect to the Services. You agree to notify SCS TELCOM.com immediately, in writing or by calling the SCS TELCOM.com customer care line at (888)607-6937, if you become aware at any time that Services are being stolen or fraudulently used. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use of the Services. You are solely responsible for securing all passwords and access numbers to guard against and prevent unauthorized access to Services by third parties. SCS TELCOM.com, may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold SCS TELCOM.com harmless from all claims, costs, liabilities and damages arising out of such fraudulent use.
5.1 Long Distance. Unlike most telephone service providers, SCS TELCOM.com provides all local and long distance minutes within the continental US as a bundle within your package. Actual long distance minutes are measured but not charged as long as the client remains below their specific plan’s usage thresholds.
5.2 Residential Freedom Plan. Only residential addresses qualify for residential pricing. If a residential line exceeds 3,000 outbound minutes per month, from your bill date, within the continental US and Canada, SCS TELCOM.com may notify the client and bill for excess minutes at $0.04 per minute.
5.3 Residential 500 Plan. Only residential addresses qualify for residential pricing. If a residential line exceeds 500 outbound minutes per month, from your bill date, within the continental US and Canada, SCS TELCOM.com may notify the client and bill for excess minutes at $0.04 per minute.
5.4 SCS TELCOM.com Cloud PBX. Business lines qualify for advanced business features such as auto attendant, music on hold, and toll free numbers. This plan is designed for a small business. Each business line is allowed 5000 outbound minutes per month, from your bill date, within the continental US and Canada. If a business line exceeds 5000 outbound minutes, SCS TELCOM.com may notify the business and bill for excess minutes at $0.02 per minute.
5.5 Residential and Small Business Premium Plan. If a Residential and Small Business Premium line exceeds 5,000 minutes per month, from your bill date, within the continental US and Canada, SCS TELCOM.com may notify the client and bill for excess minutes at $0.02 per minute.
5.6 International Calling.International calling is enabled by default. Customers may enable or disable it at anytime by logging into their My Account page. All International calls are billed at their respective international rates which are updated on the first Tuesday of each month. Any and all call charges are rounded to the nearest whole penny. Each customer account is given a credit limit for international calls. If an international calling balance exceeds the credit limit prior to their next bill date, the account will be charged the balance immediately. Failure to pay will result in suspension of service. All international calls are subject to an FCC-mandated 15.5% Universal Service Fund tax. This rate changes quarterly based on the information located at theFCC Website.
All SCS TELCOM.com Freedom, Business, and Hosted PBX plans that include more than 500 minutes receive 60 minutes of free international calling to qualifying destinations every monthly bill cycle. 500 and Metered Rate plans do not receive any Free International Minutes. Premium International plans include 1200 minutes of free international calling to qualifying destinations each month. Details of qualifying destinations can be found using the International Phone Number and Rate Lookup tool, located on SCS TELCOM.com's International Page. These rates and qualifying destinations are subject to change on the 1st Tuesday of each month. This tool is the final arbiter of which phone numbers qualify for Free International Minutes. After the allotted minutes of qualifying calls have been made each month, standard billing will commence using the listed rates for each destination.
5.8 Directory Assistance and Operator Services. Directory Assistance is charged at $0.99 per call and $0.10 per minute after two minutes. Directory Assistance is enabled by default on all new phone lines. Operator calls are billed at $3.00 per call. Operator calling is disabled by default on all new phone lines, but may be activated using the My Account Dialing Options.
5.9 Call Forwarding. Certain features such as call forwarding may incur outgoing minutes automatically when they are enabled. All forwarded calls count against standard minute usage caps. Before activating these features, consider this usage and whether it will affect your usage thresholds.