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These Terms of Service constitute the agreement (“Agreement”) between Granite
Communications, Inc. (“we,” “us” or “Granite Cloud Phone System”) and the user (“you,”
“user”, “Customer” or “Subscriber”) of Granite Cloud Phone System’s business services and any
related products or services (“Service”).
This Agreement governs both the Service and any devices, such as an IP phone, Multimedia
Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device
(“Device” or “Equipment”), used in conjunction with the Service. If you purchased Equipment
from a dealer, retail store or other provider other than Granite Cloud Phone System, you are a
“Retail Customer” for purposes of this Agreement.
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF
LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ,
UNDERSTAND AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
1. EMERGENCY SERVICES – 911 DIALING
1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support
traditional 911 or E911 access to emergency services in all locations. Where we do not offer
traditional 911 or E911 access, we offer a feature known as “911 Dialing” which is a limited
emergency calling service available only on Granite Communications, Inc.-certified Devices or
Equipment. The 911 Dialing feature may not work at all when used in conjunction with a Soft
Phone, Virtual Numbers or Subscriber provided Customer Premise Equipment. Our 911 Dialing
feature is not automatic; you must separately take affirmative steps, as described in this
Agreement and on our website, to register the address where you will use the Services in order to
activate the 911 Dialing feature. You must do this for each Granite Communications, Inc. phone
number that you obtain. The 911 Dialing feature of the Service is different in a number of
important ways from traditional 911 or E911 service as described on our website page for 911
Dialing under “Features,” and below. You shall inform any household residents, guests and other
third persons who may be present at the physical location where you utilize the Service of (i) the
non-availability of traditional 911 or E911, and (ii) the important differences in and limitations
of the Granite Communications, Inc. 911 Dialing feature as compared with traditional 911 or
E911 dialing. The documentation that accompanies each Device that you purchase should
include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (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 at (484)784-4300.
1.2 Registration of Physical Location Required. For each phone number that you use for the
Service, you must register with Granite Communications, Inc. the physical location where you
will be using the Service with that phone number. When you move the Device to another
location, you must register your new location. If you do not register your new location, any call
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you make using the 911 Dialing feature may be sent to an emergency center near your old
address. You will register your initial location of use when you subscribe to the Service.
Thereafter, you may register a new location by following the instructions from the “911″
registration link on your Granite Communications, Inc. web account dashboard features page.
For purposes of the 911 Dialing feature, you may only register one location at a time for each
phone line you use with the Service.
1.3 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any
phone line that you are using with the Service, unless and until you receive an email from us
confirming that the 911 Dialing feature has been activated for that phone line.
1.4 How Emergency Personnel are Contacted. We contract with a third party to use the address
of your registered location to determine the nearest emergency response center and then forward
your call to a general number at that center. When the center receives your call, the operator will
not have your address and may not have your phone number. You must therefore provide your
address and phone number in order to get help. Some local emergency response centers may
decide not to have their general numbers answered by live operators 24 hours a day. If we learn
that this is the case, we will send your call instead to a national emergency calling center and a
trained agent will contact an emergency center near you to dispatch help. You hereby authorize
us to disclose your name and address to third-party service providers, including, without
limitation, call routers, call centers and public service answering points, for the purpose of
dispatching emergency services personnel to your registered location.
1.5 Service Outages. (a) Service Outages Due to Power Failure or Disruption. 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.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service
or ISP Service. Service outages or suspensions or terminations of service by your broadband
provider or ISP will prevent all Service, including 911 Dialing, from functioning.
(c) Service Outage Due to Suspension or Termination of Your Granite Communications, Inc.
Account. Service outages due to suspension or termination of your account will prevent all
Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your
ISP or 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. In that event,
provided that you alert us to this situation, we will attempt to work with you to resolve the issue.
During the period that the ports are being blocked or your Service is impeded, and unless and
until the blocking or impediment is removed or the blocking or impediment is otherwise
resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge
that Granite Communications, Inc. is not responsible for the blocking of ports by your ISP or
broadband provider or any other impediment to your usage of the Service, and any loss of
service, including 911 Dialing, that 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 terminate the Service in
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accordance with this Agreement.
(e) Other Service Outages. 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. 1.6
Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing
does not function if you change your phone number or if you add or port new phone numbers to
your account, unless and until you successfully register your location of use for each changed,
newly added or newly ported phone number.
1.7 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.
1.8 Possible Lack of Automatic Number Identification. It may or may not be possible for the
local emergency personnel to automatically obtain your phone number when you use 911
Dialing. Our system is configured to send the automatic number identification information;
however, one or more telephone companies, not us, route the traffic to the emergency response
center and that center may not be capable of receiving and passing on that information. As a
result, the operator who answers your 911 Dialing call may not be able to automatically obtain
your phone number and call you back if the call is not completed or is not forwarded, is dropped
or disconnected, if you are unable to speak to tell the operator your phone number, or if the
Service is not operational for any reason.
1.9 No Automated Location Identification. In most service areas, it is not possible at this time to
transmit to the local emergency response center the address that you registered for 911 Dialing.
You will need to state the nature of your emergency promptly and clearly, including your
location (and possibly your telephone number), as the operator will not have this information.
Emergency personnel will not be able to find your location if the call is not completed or is not
forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your
location, or if the Service is not operational for any reason.
1.10 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 disclaim all responsibility for the conduct of 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 Granite
Communications, Inc. nor its officers 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 arose from our gross negligence,
recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Granite
Communications, Inc., its officers, directors, 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
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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.
1.11 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911
Dialing service, you should consider having an alternate means of accessing traditional 911 or
E911 services or terminating the Service.
2. SERVICE
2.1 RENEWAL AND TERMINATION: Termination by Customer. The Terms of this Agreement shall be as stated in the Services Quote beginning on the date of Installation and shall automatically renew for a period equal to the initial term on each anniversary unless written notice of cancellation is received by Granite Communications, Inc. sixty (60) days prior to the end of each Term For all other Services billed by a Fixed Service Fee, Customer may only terminate prior to the end of the Term stated in the Services Quote by giving written notice to Granite Communications, Inc. and by payment of a Fixed Service Fee Termination Amount equal to the number of months remaining in the Term times the amount of the monthly Fixed Service Fee (“Fixed Service Fee Termination Amount”). For Services billed pursuant to Usage Fees Customer may only terminate prior to the end of the Term stated in the Service Quote by giving written notice to Granite Communications, Inc. and by payment of a Usage Fee Termination Amount equal to the number of months remaining in the Term times the average of the prior three (or if less than three months have elapsed, using the actual number of months elapsed) month's Usage Fees (“Usage Fee Termination Amount”). All such types of Termination Fees described herein shall collectively or individually be known as Termination Fee(s). ANY TERMINATION NOTICE RECEIVED BY Granite Communications, Inc. WHICH IS NOT ACCOMPANIED BY THE PAYMENT OF THE APPLICABLE TERMINATION FEE SHALL BE NULL AND VOID; 2.1 Termination by Granite Communications, Inc.. Granite Communications, Inc. may terminate this Agreement immediately should Customer violate any of the terms of this Agreement. Granite Communications, Inc. may also terminate this Agreement for any other reason by providing Customer with written notice of such termination no later than thirty (30) days before the date of termination. In the event that Granite Communications, Inc. terminates this Agreement for any reason other than Customer's violation of the provisions of Section 2.1, Service Fees and other charges will continue to accrue through the date of termination, but all prepaid Service Fees and charges for cancelled Service will be refunded. If termination is due to violation of the provisions of Section 2.1, the termination amount will be equal to the number of months remaining in the Term times the amount of the monthly Fixed Service Fee; 2.0 Customer Obligations. Customer agrees that upon termination of this Agreement; 2.0 Customer will pay Granite Communications, Inc. in full for Customer's use of the Service and Granite Communications, Inc. Equipment up to the later of (i) the effective date of termination of this Agreement or (ii) the date on which the Service and the Granite Communications, Inc. Equipment have been disconnected and returned to Granite Communications, Inc.. Customer agrees to pay Granite Communications, Inc. on a prorated basis for any use by Customer of the Service or Granite Communications, Inc. for a part of a month;
2.2 Intentionally left blank
2.3 Use of Service and Granite Cloud Phone System provided Device. You shall not resell or
transfer the Service or the Device to another party without our prior written consent. You are
prohibited from using the Service or the Device for auto-dialing, continuous or extensive call
forwarding, telemarketing (including, without limitation, charitable or political solicitation or
polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to
immediately terminate or modify your Service if we determine, in our sole and absolute
discretion, that you have at any time used the Service or the Device for any of the
aforementioned or similar activities.
2.4 Use of Service only. For Service only customers, you are responsible for supplying,
operating and supporting the Customer Premise Equipment for use with the Service. In addition,
any customer supplied equipment must be pre-approved by Granite Cloud Phone System in
writing. You shall not resell or transfer the Service to another party without our prior written
consent. You are prohibited from using the Service for auto-dialing, continuous or extensive call
forwarding, telemarketing (including, without limitation, charitable or political solicitation or
polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to
immediately terminate or modify your Service if we determine, in our sole and absolute
discretion, that you have at any time used the Service for any of the aforementioned or similar
activities.
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2.5 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the
right to immediately terminate your Service if, in our sole and absolute discretion, we determine
that you have used the Service or the Device for an unlawful purpose. In the event of such
termination, you will be responsible for the full month’s charges to the end of the current term,
including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which
will become immediately due and payable upon termination of your Service. If we believe that
you have used the Service or the Device for an unlawful purpose, we may forward the relevant
communication and other information, including your identity, to the appropriate authorities for
investigation and prosecution. You hereby consent to our forwarding of any such
communications and information to these authorities. In addition, Granite Cloud Phone System
will provide information in response to law enforcement requests, subpoenas, court orders, to
protect it’s rights and property and in the case where failure to disclose the information may lead
to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Device in any way that is
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s
privacy, or any similar behavior. We reserve the right to immediately terminate your Service if,
in our sole and absolute discretion, we determine that you have used the Service or the Device in
any of the aforementioned ways. In the event of such termination, you will be responsible for the
full month’s charges to the end of the current term, including, without limitation, unbilled
charges, plus a termination fee, if applicable, all of which will become immediately due and
payable upon termination of your Service. If we believe that you have used the Service or the
Device in any of the aforementioned ways, we may forward the relevant communication and
other information, including your identity, to the appropriate authorities for investigation and
prosecution. You hereby consent to our forwarding of any such communications and information
to these authorities. In addition, Granite Cloud Phone System will provide information in
response to law enforcement requests, subpoenas, court orders, to protect it’s rights and property
and in the case where failure to disclose the information may lead to imminent harm to the
customer or others
2.6 Use of Service and Device by Customers Outside the United States. Although we encourage
you to use of the Service to place calls to foreign countries from within the United States, we do
not presently offer or support the Service in any countries other than the United States and
Canada. If you use the Service or the Device outside of the United States or Canada, you will be
solely responsible for any violations of local laws and regulations resulting from such use. We
reserve the right to terminate your Service immediately if we determine, in our sole and absolute
discretion, that you have used the Service or the Device outside of the United States or Canada.
2.7 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark. The Service and Device and any firmware or software used to provide
the Service or provided to you in conjunction with providing the Service, or embedded in the
Device, and all Services, information, documents and materials on our websites are protected by
trademark, copyright or other intellectual property laws and international treaty provisions. All of
our websites, corporate names, service marks, trademarks, trade names, logos and domain names
(collectively “marks”) are and will at all times remain our exclusive property. Nothing in this
Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Device; Firmware or Software. You have not been granted any
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license to use the firmware or software used to provide the Service or provided to you in
conjunction with providing the Service, or embedded in the Device, other than a nontransferable,
revocable license to use such firmware or software in object code form (without making any
modification thereto) strictly in accordance with the terms and conditions of this Agreement.
You expressly agree that the Device is exclusively for use in connection with the Service and
that we will not provide any passwords, codes or other information or assistance that would
enable you to use the Device for any other purpose. We reserve the right to prohibit the use of
any interface device that we have not provided to you. You hereby represent and warrant that
you possess all required rights, including software and/or firmware licenses, to use any interface
device that we have not provided to you. In addition, you shall indemnify and hold us harmless
against any and all liability arising out of your use of such interface device with the Service. You
shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the
source code from the binary code of the firmware or software.
2.8 Tampering with the Device or Service. You shall not change the electronic serial number or
equipment identifier of the Device or to perform a factory reset of the Device without our prior
written consent. We reserve the right to terminate your Service if we believe, in our sole and
absolute discretion, that you have tampered with the Device. In the event of such termination,
you will remain responsible for the full month’s charges to the end of the current term, including,
without limitation, unbilled charges, plus a termination fee, if applicable, all of which will
immediately become due and payable. You shall not attempt to hack or otherwise disrupt the
Service or make any use of the Service that is inconsistent with its intended purpose.
2.9 Theft of Service. You shall notify us immediately, in writing or by calling our customer
support line, if the Device is stolen or if you become aware at any time that your Service is being
stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or
write, you must provide your account number and a detailed description of the circumstances of
the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely
manner may result in the termination of your Service and additional charges to you. Until such
time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for
all use of the Service using a Device stolen from you and any and all stolen, fraudulent or
unauthorized use of the Service.
2.10 Return of Device (Does Not Apply to Customers who use Devices not provided by Granite
Cloud Phone System directly)
(a) Retail Customers. A Retail Customer may only return the Device to the retail store, dealer or
other provider from which the Retail Customer purchased the Device. All returns will be subject
to the return policy of such retail store, dealer or other provider. We will not accept any Device
returned to us from a Retail Customer.
(b) Non-Retail Customers. Non-Retail Customers may return the Device to us within fourteen
(14) days of the termination of Service to receive a credit for any termination fee (See Section
3.6) provided that:
* the Service is terminated within the first thirty (30) days following the activation of the
Service;
* the Device is in original condition, reasonable wear and tear excluded;
* the original proof of purchase are returned with the Device, together with the original
packaging, all parts, accessories, and documentation;
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* prior to returning the Device to us, you obtain a valid return authorization number from our
customer care department, which can be reached at n accounting@granitecomm.com This e-mail
address is being protected from spambots.
* you pay all costs of shipping the Device back to us.
If you disconnect multiple lines, we will issue you a credit for all termination fees upon receipt
of all Devices in accordance with the requirements set forth above.
If you receive cartons or Devices that are visibly damaged, you must note the damage on the
carrier’s freight bill or receipt and keep a copy. In such event, you must keep the original carton,
all packing materials and parts intact in the same condition in which they were received from the
carrier and contact our customer care department immediately.
2.11 Number Transfer on Service Termination. Upon the termination of your Service, we may, in
our sole and absolute discretion, release to your new service provider the telephone number that
you ported (transferred or moved over) to us from your previous service provider and used in
connection with your Service if:
* such new service provider is able to accept such number;
* your account has been properly terminated;
* your account is completely current, including payment for all charges and applicable
termination fees; and
* you request the transfer upon terminating your account.
2.12 Service Distinctions. The Service is not a telecommunications service and we provide it on
a best efforts basis. Important distinctions exist between telecommunications service and the
Service offering that we provide. The Service is subject to different regulatory treatment than
telecommunications service. This treatment may limit or otherwise affect your rights of redress
before regulatory agencies.
2.13 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of,
casualty to or damage to the Device, from the time it is shipped to you until the time (if any)
when it is returned to us in accordance with this Agreement.
2.14 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not
support 0+ or operator assisted calling (including, without limitation, collect calls, third party
billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other
than certain specified dialing such as 911 and 411, which are provided for elsewhere in this
Agreement) services in one or more (or all) service areas.
2.15 No Directory Listing. The phone numbers you obtain from us will not be listed in any
telephone directories. Phone numbers transferred from your local phone company may, however,
be listed. As a result, someone with your phone number may not be able to utilize a reverse
directory to lookup your address.
2.16 Incompatibility With Other Services.
(a) Security Systems. The Service may not be compatible with security systems. You may be
required to maintain a telephone connection through your local exchange carrier in order to use
any alarm monitoring functions for any security system installed in your home or business. You
are responsible for contacting the alarm monitoring company to test the compatibility of any
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alarm monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem Services. You acknowledge that the Service presently
may not be compatible with some broadband services . You further acknowledge that some
providers of broadband service may provide modems that prevent the transmission of
communications using the Service. We do not warrant that the Services will be compatible with
all broadband services and expressly disclaim any express or implied warranties regarding the
compatibility of the Service with any particular broadband service.
3. CHARGES; PAYMENTS; TAXES; TERMINATION
3.1 Billing. When the service is activated, you must provide us with a valid email address and a
credit or debit card number from a card issuer that we accept. We reserve the right to stop
accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you
close your account, your billing address changes, or your credit or debit card is canceled and
replaced on account of loss or theft, you must advise us at once. We will bill all charges,
applicable taxes and surcharges monthly in advance (except for usage-based charges, which will
be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your
credit or debit card, including but not limited to:
* activation fees;
* monthly Service fees;
* international usage charges;
* advanced feature charges;
* equipment purchases;
* termination fees; and
* shipping and handling charges.
The amount of such fees and charges shall be published on our website and may change from
time to time. Notification of monthly invoices will be sent to you via your email address on file
with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any
time exceeds $250. Any usage charges will be billed in increments that are rounded up to the
nearest minute except as otherwise set forth in the rate schedules found on our website.
3.2 Billing Disputes. You must notify us in writing within seven days after receiving your credit
or debit card statement if you dispute any Granite Cloud Phone System charges on that statement
or you will be deemed to have waived any right to contest such charges. All notices of disputed
charges should be sent to:
Granite Communications, Inc.
55 Middletown Avenue, Suite 1
North Haven, CT 06473
-oraccounting@granitecomm.com
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3.3 Payment and Collection.
(a) Payment. We accept payment by credit/debit card and check, unless other payment terms
have been explicitly agreed to in writing by Granite Communications, Inc.
For Credit or Debit Cards This authorization will remain valid until 30 days after we receive
written notice from you terminating our authority to charge your credit or debit card, whereupon
we will charge your credit or debit card for the termination fee, if applicable, and any other
outstanding charges and terminate you Service. We may terminate your Service at any time in
our sole and absolute discretion if any charge to your credit or debit card is declined or reversed,
your credit or debit card expires and you have not provided us with a valid replacement credit or
debit card or in case of any other non-payment of account charges.
(b) Collection. If your Service is terminated, you will remain fully liable to us for all charges
pursuant to this Agreement and any and all costs we incur to collect such amounts, including,
without limitation, collection costs and attorney’s fees.
3.4 Termination; Discontinuance of Service. We reserve the right to suspend or discontinue the
Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If
we discontinue the Service generally, or terminate your Service without a stated reason, you will
only be responsible for charges accrued through the date of termination, including a pro-rated
portion of the final month’s charges. If your Service is terminated on account of your breach of
any provision of this Agreement, you will be responsible for the full month’s charges to the end
of the current term, including, without limitation, unbilled charges, plus the termination fee, if
applicable, all of which will immediately become due and payable.
3.5 Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or
other governmental sales, use, excise, value-added, personal property, public utility or other
taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your
subscription or use or payment for the Service or a Device. Such amounts are in addition to
payment for the Service or Devices and will be billed to your credit card as set forth in this
Agreement. If you are exempt from payment of such taxes, you must provide us with an original
certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax
exemption will only apply from and after the date we receive such certificate.
3.6 Termination Fee. You may be charged a termination fee of $9.99 per phone number or
device, and the FULL RETAIL PRICE for each Device supplied by Granite Cloud Phone
System if your Service is terminated for any reason during the Term following the activation of
your Service.
3.7 Money Back Guarantee; Limitations and Conditions.
(a) Money Back Guarantee. We offer Business subscribers a 30-day money back guarantee from
the date of activation of Service. The money back guarantee applies only to the first-ordered
service package, not to additional or secondary orders. We will refund the activation fee and
monthly charge for first month of Service provided that:
* you have not exceeded 2500 minutes of usage; and
* you cancel your Service within the 30-day period.
Federal excise taxes and any other applicable taxes cannot be refunded. You will remain
responsible for any charges for usage fees including but not limited to local or international
usage, calls to Granite Cloud Phone System toll free numbers and directory assistance. We
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reserve the right to terminate or revoke this money back guarantee at any time, without prior
notice.
3.8 Payphone Charges. If you use our “Toll Free” feature or any toll free feature that we offer in
the future, we will be entitled to recover from you any charges imposed on us either directly or
indirectly in connection with toll free calls made to your number. We may recover these amounts
by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem
appropriate for the recovery of these costs.
3.9 Charges for Directory Calls (411). We will charge you $1.50 for each call made to Granite
Cloud Phone System directory assistance.
3.10 Charges for Conference Bridge Calls. We will charge you per minute for each caller who
calls into your conference bride. Your Conference Bridge per minute usage fee will be the lower
of (i) 3.9 cents per minute, or (ii) the per minute Conference Bridge usage fee determined in your
Service Activation Form or online order form. The per minute usage fee will be calculated based
on all participants on the conference bridge, including on-network and off-network participants.
4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service,
including 911 Dialing, at any time or from time to time, or any interruption or degradation of
voice quality that is caused by any of the following:
* an act or omission of an underlying carrier, service provider, vendor or other third party;
* equipment, network or facility failure;
* equipment, network or facility upgrade or modification;
* force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war,
riot, acts of terrorism and government actions;
* equipment, network or facility shortage;
* equipment or facility relocation;
* service, equipment, network or facility failure caused by the loss of power to you;
* outage of, or blocking of ports by, your ISP or broadband service provider or other impediment
to usage of the Service caused by any third party;
* any act or omission by you or any person using the Service or Device provided to you; or
* any other cause that is beyond our control, including, without limitation, a failure of or defect
in any Device, the failure of an incoming or outgoing communication, the inability of
communications (including, without limitation, 911 Dialing) to be connected or completed, or
forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with
respect to the affected time period.
4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL GRANITE CLOUD PHONE
SYSTEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR
ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN
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CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY
OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY,
WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR
PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR
INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY
SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN
EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS
FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT
LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY
WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY
PARTICULAR TYPE OF DAMAGES.
4.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless Granite Cloud Phone
System, its officers, directors, employees, affiliates and agents and any other service provider
who furnishes services to you in connection with 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 or user of the Service, relating to the Services, including,
without limitation, 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to
survive the termination or expiration of this Agreement shall survive.
4.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY
USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY
WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE
OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR,
DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR
INFORMATION. NEITHER GRANITE CLOUD PHONE SYSTEM NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE
PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO
CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR
UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR
PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS,
PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR
DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE
OCCURS AS A RESULT OF GRANITE CLOUD PHONE SYSTEM’S OR ITS SERVICE
PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS
CONCERNING THE SERVICE OR DEVICE, IF ANY, BY GRANITE CLOUD PHONE
SYSTEM OR GRANITE CLOUD PHONE SYSTEM’S AGENTS OR INSTALLERS ARE
INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
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4.5 Device Warranties.
(a) Limited Warranty. Except as set forth herein, if you received the Device new from us and the
Device included a limited warranty at the time of receipt, you must refer to the separate limited
warranty document provided with the Device for information on the limitation and disclaimer of
certain warranties. Remedies for breach of any such warranties will be limited to those expressly
set forth in such documentation.
(b) No Warranty. If your Device did not include a limited warranty from us at the time of receipt,
you are accepting the Device “as is”. You are not entitled to replacement, repair or refund in the
event of any defect.
(c) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET
FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL
CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM
ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY
ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF
PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR
SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE
FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION
OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE
DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS CUSTOMERS.
4.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity
not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of
action or creates any other third party beneficiary rights.
4.7 Content. You will be liable for any and all liability that may arise out of the content
transmitted by you or to any person, whether authorized or unauthorized, using your Service or
Device (each such person, a “User”). You shall assure that your and your User’s use of the
Service and content comply at all times with all applicable laws, regulations and written and
electronic instructions for use. We reserve the right to terminate or suspend your Services and
remove your or your Users’ content from the Service, if we determine, in our sole and absolute
discretion, that such use or content does not conform with the requirements set forth in this
Agreement or interferes with our ability to provide Services to you or others. Our action or
inaction under this Section will not constitute any review or approval of your or Users’ use or
content.
4.8 Recording Conversations. Granite Cloud Phone System provides a function that allows a user
or Subscriber to record individual telephone conversations. The laws regarding the notice and
notification requirements of such recorded conversations vary by state to state. Subscriber is
solely responsible for applying the local laws in the relevant jurisdiction when using this feature.
5. FUTURE CHANGES TO THIS AGREEMENT
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 www.voip.granitecomm.com. Granite
Cloud Phone System will make best efforts to notify Customers in advance via email regarding
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changes to the terms and conditions of this Agreement. Such changes will become binding on
you on the date they are posted to our website and 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, including, without limitation, any terms
included with the packaging of the Device and also supersedes any written terms provided to
Retail Customers in connection with retail distribution, including, without limitation, any written
terms enclosed within the packaging of the Device.
6. PRIVACY
Granite Cloud Phone System Service utilizes, in whole or in part, the public Internet and third
party networks to transmit voice and other communications. Granite Cloud Phone System is not
liable for any lack of privacy which may be experienced with regard to the Service. Please refer
to our website at www.voip.granitecomm.com for additional Privacy Policy information.